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55 Stat. 1560; Executive Agreement Series 235 (the Agreement entitled “Leasing of Naval and Air Bases” stipulates that bases and facilities will be leased in the United States for a period of ninety-nine years, without fees and rents. A typical rental agreement involves an agreement of a landlord to transfer premises specially described for a specified period and in exchange for remuneration or rent in the sole possession of the taker. In this case, the agreement required a tenancy agreement without consideration/rent; Therefore, it could be alleged that a user contract was established instead of a lease agreement.). 1963: Agreement for the implementation of the NATO Troop Status Agreement of August 3, 1959 The United States has concluded SOFS whose authority underpinning the agreement is a treaty ratified by the U.S. Senate. In 1960132, the United States included with Japan a SOFA under the entry into force of the Treaty of Mutual Cooperation and Security133, which was previously concluded between the countries. In addition, in 1967134, the United States concluded a SOFA with Korea under Article V of the previous mutual defence treaty between the two countries.135 On November 17, 2008, after months of negotiations, U.S. Ambassador to Iraq Ryan Crocker, and Iraqi Foreign Minister Hoshyar Zebari signed two documents: (1) the Strategic Framework Agreement for a Friendship and Cooperation Relationship between the United States and the Republic of Iraq (Strategic Framework Agreement) and (2) the Agreement between the United States of America and the Republic of Iraq on the Withdrawal of U.S. Forces and the organization of their activities during their temporary presence in Iraq (security agreement).119 In a way, the agreements reached are different from the long-term security agreement originally provided for in the declaration of principle. Perhaps most importantly, the agreements that have been reached require the withdrawal of US forces from Iraq by December 31, 2011. A SOFA is not a mutual defence agreement or a security agreement and generally does not authorize any specific exercise, activity or mission. SOFAs are peace documents and therefore do not deal with the rules of war, the laws of armed conflict or the laws of the sea.

The existence of a SOFA does not affect or diminish the inherent right of the parties to self-defence under martial law. In the event of an armed conflict between the parties to a SOFA, the terms of the agreement would no longer be applicable.


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