TREATIES AND OTHER INTERNATIONAL ACTS SERIES 02-1001

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DEFENSE

Status of Forces

Agreement between the

UNITED STATES OF AMERICA

and TIMOR-LISTE

Agreement signed at Washington October 1, 2002
 NOTE BY THE DEPARTMENT OF STATE

 Pursuant to Public Law 89—497, approved July 8, 1966

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued

under the authority of the Secretary of State shall be competent

evidence . . . of the treaties, international agreements other than

treaties, and proclamations by the President of such treaties and

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime

jurisdiction, and in all the tribunals and public offices of the

United States, and of the several States, without any further proof

or authentication thereof.”
TIMOR-LISTE

Defense: Status of Forces

Agreement signed at Washington October 1, 2002;

 Entered into force October 1, 2002.
STATUS OF FORCES AGREEMENT

BETWEEN

THE GOVERNMENT OF THE UNITED STATES OF AMERICA

AND

THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF TIMOR-LESTE

PREAMBLE

The Government of the United States of America and the

Government of the Democratic Republic of Timor-Leste

(hereinafter referred to as the "Parties"), recognize the

importance of closer cooperation between our two countries,

and further recognize that the following principles and

understandings are intended to enhance the cooperation

between the Parties in furtherance of the objectives of

this agreement:

1. The Parties recognize the independence and

sovereignty of the Democratic Republic of Timor-Leste

as matters of the highest importance;

2. The Parties recognize the importance of this

agreement to their bilateral interests, regional

peace and security, and humanitarian undertakings;

3. The Parties reaffirm that the principles of mutual

respect, friendship, good faith, partnership and

cooperation will guide the implementation of this

agreement;

Therefore, the Parties have agreed as follows:

ARTICLE I

United States military and civilian personnel of the United

States Department of Defense who may be present in the

Democratic Republic of Timor-Leste in connection with

humanitarian and civic assistance, ship visits, military

training and exercises and other agreed activities shall be
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accorded a status equivalent to that accorded to the

administrative and technical staff of the Embassy of the

United States of America under the Vienna Convention on

Diplomatic Relations of April 18, 1961.

Such personnel may enter and exit the Democratic Republic

of Timor-Leste with United States identification and with

collective movement or individual travel orders; the

Democratic Republic of Timor-Leste shall accept as valid,

without a driving fee or test, driving licenses or permits

issued by the appropriate United States authorities to

United States personnel for the operation of vehicles; such

personnel, including contract security guards, be

authorized to wear uniforms while performing their official

duties and to carry weapons when their orders call for it.

ARTICLE II

Vehicles, vessels and aircraft owned or operated by or for

the United States armed forces shall not be subject to the

payment of landing, navigation, overflight or parking

charges, port and pilotage fees, or overland transit fees

while in the Democratic Republic of Timor-Leste; however,

the United States armed forces shall pay reasonable charges

for services requested and received. Aircraft, vessels and

vehicles of the United States shall be free of inspections.

ARTICLE III

The Government of the United States of America, its

military and civilian personnel, contractors and contractor

personnel shall not be liable to pay any tax or similar

charge assessed within the territory of the Democratic

Republic of Timor-Leste.

The Government of the United States of America, its

military and civilian personnel, contractors and contractor

personnel may import into, export out of, and use in the

Democratic Republic of Timor-Leste any personal property,
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equipment, supplies, materials, technology, training or

services utilized in connection with activities covered by

this agreement. Such importation, exportation and use

shall be exempt from any inspection, license, other

restrictions, customs duties, taxes or any other charges

assessed within the territory of the Democratic Republic of

Timor-Leste.

ARTICLE IV

The Government of the United States of America and the

Government of the Democratic Republic of Timor-Leste shall

cooperate in taking such steps as shall be necessary to

ensure the security of the United States personnel and

property in the territory of the Democratic Republic of

Timor-Leste.

ARTICLE V

In the event that the Government of the United States of

America awards contracts for the acquisition of articles

and services, including construction, to implement this

agreement, such contracts shall be awarded in accordance

with the laws and regulations of the Government of the

United States of America. Acquisition of articles and

services in the Democratic Republic of Timor-Leste by or on

behalf of the Government of the United States of America in

connection with activities covered by this agreement shall

not be subject to any taxes, customs duties or similar

charges in the territory of the Democratic Republic of

Timor-Leste.

ARTICLE VI

The Government of the Democratic Republic of Timor-Leste

recognizes the particular importance of disciplinary

control by U.S. military authorities over United States

personnel and, therefore, the Government of the Democratic

...
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Republic of Timor-Leste authorizes the United States

Government to exercise criminal jurisdiction over such

personnel. The Government of the Democratic Republic of

Timor-Leste and the Government of the United States of

America confirm that such personnel may not be surrendered

to, or otherwise transferred to, the custody of an

international tribunal or any other entity or state without

the express consent of the Government of the United States

of America.

ARTICLE VII

The Government of the Democratic Republic of Timor-Leste

recognizes that it shall be necessary for U.S. personnel

and systems to use the radio spectrum. The United States

Government shall be allowed to operate its own

telecommunication systems (as telecommunication is defined

in the 1992 Constitution of the International

Telecommunication Union). This shall include the right to

utilize such means and services as required to assure full

ability to operate telecommunication systems, and the right

to use all necessary radio spectrum for this purpose. Use

of radio spectrum shall be free of cost.

ARTICLE VIII

Other than contractual claims, the Parties waive any and

all claims against each other for damage to, loss or

destruction of property owned by each party, or death or

injury to any military or civilian personnel of the armed

forces of either party, arising out of activities in the

Democratic Republic of Timor-Leste covered by this

agreement. Claims by third parties arising out of the acts

or omissions of any U.S. personnel may, at the discretion

of the United States Government, be dealt with and settled

by the United States Government in accordance with U.S.

law.
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ARTICLE IX

This Agreement shall enter into force upon signature of

both Parties. After this Agreement has been in force for

one year, either party may request a review of the

Agreement. Such review shall begin 180 days after either

party has made the request in writing.

Done at Washington this first day of October, 2002, in

duplicate in the English language.

FOR THE GOVERNMENT OF THE

UNITED STATES OF AMERICA:

FOR THE GOVERNMENT OF THE

DEMOCRATIC REPUBLIC OF

TIMOR-L STE: