The United States-Japan Status of Armed Forces Agreement (officially the «Agreement under Article VI of the Treaty on Mutual Cooperation and Security between Japan and the United States of America, on Facilities and Territories and the Status of United States Armed Forces in Japan») is an agreement between Japan and the United States, signed in Washington on 19 January 1960. on the same day as the revised security treaty between the United States and Japan. It is a status-of-forces agreement (SOFA), as provided for in Article VI of this Treaty, which refers to `a separate agreement` which `shall use … the institutions and territories [granted to the United States] and the status of the United States armed forces in Japan.» It replaced the former «U.S.-Japan Administrative Agreement,» which regulated these issues under the original 1951 security treaty. In addition, certain peculiarities of the agreement create zones of perceived privileges for American soldiers. For example, because most of the U.S. military`s visa and passport laws have occurred in past incidents in which U.S. military personnel were transferred to the U.S. before being indicted by Japanese courts. In addition, the agreement requires that if a U.S. soldier is suspected of a crime but is not captured outside a base by Japanese authorities, U.S. authorities will retain custody until the soldier is formally charged by the Japanese.
 Although the agreement also requires U.S. cooperation with Japanese authorities in investigations, Japanese authorities often object to the fact that they still do not have regular access to U.S. questions or interrogations. Soldiers, making it difficult for Japanese prosecutors to prepare cases for indictment.   This situation is exacerbated by the uniqueness of Japanese pre-prosecution interrogations, which aim to obtain confessions as a condition of prosecution, often conducted without a lawyer and can last up to 23 days.  Given the difference between this interrogation system and the system in the United States, the United States has argued that the extraterritoriality granted to its military personnel under the SOFA is necessary to grant them the same rights as exist in the U.S. criminal justice system. However, since the Okinawa rape incident in 1995, the United States has agreed to consider handing over suspects in serious cases such as rape and murder before they are charged.  On January 16, 2017, Japan and the United States.
«signed a supplementary agreement to limit and clarify the definition of the civilian component protected by the status of forces.»   This agreement was reached after the rape and murder of an Okinawan woman in 2016, allegedly by a civilian contract worker employed at the U.S. Kadena Air Force Base in Okinawa Prefecture. But under the 1960 U.S.-Japan Status of Armed Forces Agreement between the two countries, Japan can do little to force U.S. military personnel and their families to comply with Japanese laws and government demands. This, in turn, led the prefectural governors to ask for a fundamental revision of the SOFA agreement. Other articles deal with jurisdictional issues relating to military and non-military personnel covered by the Agreement. Under Article 9, members of the U.S. military, civilian workers, and their dependents are exempt from Japan`s passport and visa laws and are not required to register to obtain a residence permit that all other foreigners in Japan must have. While the U.S. has many deals with other countries hosting U.S. troops, those with Germany and Italy have received special attention in the Japanese media and in Okinawa Prefecture, which is home to about 70 percent of U.S.
exclusive bases in Japan. People covered by the SOFA agreement can enter Japan under U.S. quarantine regulations, whether or not those regulations are as strict as Japanese regulations. Starting in October, SOFA employees were able to leave the U.S. and enter Japan without being tested for coronavirus, and they were not tested upon arrival. In contrast, the agreement with Germany allows German federal, state and local officials to enter the base areas and, in case of need or imminent danger, they are allowed to enter the bases without notice. American bases in Italy are under the orders of Italian commanders who are sent to each of them and are free to enter and exit. Given that the United States has given no indication that it is willing to consider the possibility of a revision, the current 62-year-old agreement is expected to remain as it is for the foreseeable future. How does the Japanese SOFA compare to similar agreements elsewhere? It is an agreement signed on January 19, 1960, which is separate but complementary to the US-Japanese security treaty signed on the same day. However, as the two countries must agree on a fundamental overhaul of the SOFA, previous joint committees have bypassed the issue and instead reached ad hoc agreements such as the one on coronavirus measures to address specific issues.
Unlike Japan, where national laws are generally not applicable to most U.S. military personnel in practice, the GERMAN SOFA agreement allows its domestic laws to be applied to U.S. military installations and exercises. In Italy, the U.S. military must obey Italian laws on military exercises. The final exception applies if U.S. soldiers, but not civilians, are suspected of having committed a crime under military law in the performance of their official duties. In such a case, the United States has primary jurisdiction and the perpetrator may escape prosecution by the Japanese authorities. . SOFA contains 28 items. They include things like basic logistics and communication agreements — Article 8, for example, requires Japan to provide the U.S.
armed forces with weather and climate information and estimates of tsunamis after an earthquake. These technical aspects of SOFA rarely, if ever, give rise to political controversy. Will the coronavirus outbreak in prefectures with U.S. bases lead to SOFA revisions? Last month, Okinawa Governor Denny Tamaki and Shizuoka Governor Heita Kawakatsu repeatedly called for fundamental revisions. If you intend to stay in Japan for more than 90 days, please apply for an appropriate work visa (e.B. Engineer). Article 27 gives both governments the right to request the revision of an article of the SOFA at any time. The revision can be negotiated through the joint committee, composed of the foreign and defense ministers of both countries. U.S. Marine Corps Air Station Iwakuni in Yamaguchi Prefecture on January 7, | KYODO Prime Minister Fumio Kishida said earlier this month that he was not thinking of a fundamental revision of the SOFA, which would involve complicated negotiations on both sides. On January 13, Foreign Minister Yoshimasa Hayashi also said he was not considering a review, but added that he could not deny the possibility that one of the main reasons for the spread of the coronavirus in local communities hosting bases was due to the U.S. military.
Japan, on the other hand, leaves the management of SOFA personnel to the U.S. military, which informs local health centers in case of outbreaks. Japan retains exclusive authority when SOFA members are suspected of committing crimes that are crimes under Japanese but not American law. Excuse me. The page you requested could not be found. It may have been moved or deleted. Please start from the homepage or visit our sitemap. You can also use our website search. The problem and the source of much controversy among local governments that host bases is that the United States alone determines whether the crime arose from an official duty. In addition, there is no clear and bilaterally agreed written definition of what the term «official duty» means. If you are a member of the U.S. Armed Forces to be stationed at one of the bases in Japan (as defined by the SOFA), you do not need a visa to travel to Japan.
Be sure to take your military order and military ID with you. Under international exceptions, the United States can assume primary jurisdiction for crimes involving only U.S. property or personnel. Under the exemption, the United States can ask Japan not to prosecute a crime committed by a SOFA member, while Japan can make the same request to its ally if the United States has primary jurisdiction. If one of the parties requests an exemption, the country that has the main jurisdiction should consider this request favourably. We`re sorry, but your page may have been moved or deleted. We apologize for the inconvenience, but please search for it again in the «Top Page» or «Sitemap». Thank you for your understanding. Also, please use «Site Search» at the top right.
Der Artikel gibt Japan auch die Gerichtsbarkeit über die USA. . .