TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13-522 

________________________________________________________________________ 

DEFENSE 

Status of Forces 

 Agreement Between the 

UNITED STATES OF AMERICA 

and TRINIDAD AND TOBAGO 

Effected by Exchange of Notes at 

Port of Spain February 20 and May 22, 2013 
 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.” 
 TRINIDAD AND TOBAGO 

 Defense: Status of Forces 

 

 Agreement effected by exchange of notes at 

 Port of Spain February 20 and May 22, 2013; 

 Entered into force May 22, 2013. 
No. 041:

The Embassy of the United States of America presents its compliments to

the Ministry of Fore ign Affairs of the Republic of Trinidad and Tobago and has the

honor to refer to recent discussions between representatives of our two

governments regarding issues related to United States military and civilian

personnel (defined as members of the United States -armed forces and civilian

employees of the United States Department of Defense, respectively, hereafter

referred to collectively as United States personnel) and United States contractors

(defined as non-Trinidad and Tobago legal entities and persons under contract to

the United States Department of Defense, and their employees who are not

nationals of Trinidad and Tobago), who may be temporarily present in Trinidad

and Tobago in connection with mutually agreed activities (defined as such

activities for which the Government of the Republic of Trinidad and Tobago shall

transmit its approval in writing through diplomatic channels to United States

authorities) from the date this Agreement enters into force through December 31,

2015.

DIPLOMATIC NOTE
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The Embassy proposes that United States personnel may enter and exit

Trinidad and Tobago with United States identification and with collective

movement or individual travel orders; that Trinidad and Tobago shall accept as

valid all professional licenses issued by the United States, states thereof, or their

political subdivisions to United States personnel for the provision of services to

authorized personnel; and that Trinidad and Tobago authorities shall accept as

valid, without a driving test or fee, driving licenses or permits issued by the

appropriate United States authorities to United States personnel for the operation of

vehicles.

The Embassy further proposes that United States personnel be authorized to

wear uniforms while performing official duties and to carry arms while on duty if

authorized to do so by their orders.

The Embassy further proposes that the Government of Trinidad and Tobago

shall designate the United States of America as a "designated state" in accordance

with section 4 of the Visiting Forces Act, Chapter 14:04 of the Laws of Trinidad
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and Tobago, (the "Visiting Forces Act"), and such designation shall not expire

before the end of December 31, 2015.

The Embassy proposes that the Government of Trinidad and Tobago

recognize the particular importance of United States armed forces maintaining

discipline over United States personnel.

The Embassy further proposes that, in the exercise of its sovereignty, the

Government of Trinidad and Tobago waive its right to exercise criminal and civil

jurisdiction over United States personnel for any actions, when the United States

determines that such acts were taken in the course of official duties. Where a case

is of particular importance to the Government of Trinidad and Tobago, any

differences concerning whether an action was taken in the course of official duties

shall be the subject of consultations between the Parties, with a view to arriving at

a mutually satisfactory resolution. During such consultations, the Government of

Trinidad and Tobago shall not exercise jurisdiction.
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The Embassy further proposes that, in the exercise of its sovereignty, the

Government of Trinidad and Tobago waive its right to exercise criminal

jurisdiction over United States personnel for actions taken outside the course of

their official duties except in cases of particular importance to the Republic of

Trinidad and Tobago. If the Government of Trinidad and Tobago determines that a

case is of particular importance, it shall communicate such determination to the

United States authorities within twenty-one (21) calendar days of the discovery by

the Government of Trinidad and Tobago of the alleged offense giving rise to such

a case. If the Government of Trinidad and Tobago does not communicate such

determination to United States authorities within twenty-one (21) calendar days of

the discovery of the alleged offense giving rise to such a case, the Government of

Trinidad and Tobago shall be deemed to have waived its right to exercise criminal

jurisdiction over United States personnel for the alleged offense. If the

Government of Trinidad and Tobago waives jurisdiction in relation to actions

taken by United States personnel outside the course of official duties, the United

States armed forces may exercise jurisdiction over its personnel for such actions.

The Embassy further proposes that the Government of Trinidad and Tobago also

confirm that, pursuant to Section 7 of the Visiting Forces Act, the United States
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armed forces may exercise jurisdiction in relation to actions taken by United States

personnel in the course of official duties.

The Embassy further proposes that the United States Department of Defense

and United States personnel shall not be liable to pay any tax or similar charge

assessed in connection with activities under this Agreement within Trinidad and

Tobago, and that the United States Department of Defense and United States

personnel may import into, export out of, and use in Trinidad and Tobago any

personal property, equipment, supplies, materiel, technology, training, and services

in connection with activities under 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 Trinidad and Tobago. The

United States Government certifies that the aforementioned items imported by

United States personnel shall be for purposes connected to activities under this

Agreement. The Parties shall cooperate to take such measures as may be necessary

to ensure the security and protection of United States personnel, property,

equipment, records, and official information in Trinidad and Tobago.
-bThe Embassy further proposes that vessels and vehicles operated by or, at

the time, exclusively for the United States Department of Defense may enter, exit,

and move freely within the territory of Trinidad and Tobago, except for those areas

where access may be restricted, and that such vehicles (whether self-propelled or

towed) shall not be subject to the payment of overland transit tolls. Vessels and

aircraft owned or operated by or, at the time, exclusively for the United States

Department of Defense shall not be subject to the payment of landing, parking, or

port fees, pilotage charges, lighterage, or harbor dues at facilities owned and

operated by the Government of Trinidad and Tobago. Aircraft owned and operated

by or, at the time, exclusively for the United States Department of Defense shall

not be subject to payment of navigation, overflight, terminal, or similar charges

when in the territory of Trinidad and Tobago. The United States Department of

Defense shall pay reasonable charges for services requested and received at rates

no less favorable than those paid by the armed forces of Trinidad and Tobago less

taxes and similar charges. Aircraft and vessels of the United States Government

shall be free from boarding and inspection.
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The Embassy also proposes that the United States Department of Defense

may contract for any materiel, supplies, equipment, and services (including

construction) to be furnished or undertaken in Trinidad and Tobago without

restriction as to choice of contractor, supplier, or person who provides such

materiel, supplies, equipment, or services. Such contracts shall be solicited,

awarded, and administered in accordance with the laws and regulations of the

United States Government. Acquisition of articles and services in Trinidad and

Tobago by or on behalf of the United States Department of Defense in connection

with activities under this Agreement shall not be subject to any taxes or similar

charges in Trinidad and Tobago.

The Embassy further proposes that United States contractors shall not be

liable to pay any tax or similar charge assessed within Trinidad and Tobago in

connection with activities under this Agreement and that such contractors may

import into, export out of, and use in Trinidad and Tobago any personal property,

equipment, supplies, materiel, technology, training, or services in fulfillment of

contracts with the United States Department of Defense in connection with

activities under this Agreement. Such importation, exportation, and use shall be
exempt from any license, other restrictions, customs duties, taxes, or any other

charges assessed within Trinidad and Tobago.

The Embassy further proposes that United States contractors shall be granted

the same treatment as United States personnel with respect to professional and

drivers' licenses.

The Embassy further proposes that United States personnel may enter and

exit and, except in those areas where access may be restricted, move freely within

the Territory of Trinidad and Tobago, and have access to and use of mutually

agreed transportation, storage, training, and other facilities required in connection

with activities under this Agreement. The Government of Trinidad and Tobago

shall, as far as practicable, provide the United States with advance notification of

any restricted areas.

The Embassy proposes that the Government of Trinidad and Tobago

recognize that it may be necessary for the United States armed forces to use the

radio spectrum. The United States Department of Defense shall be allowed to
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operate its own telecommunication systems (as telecommunication is defined in

the 1992 Constitution and Convention of the International Telecommunication

Union). This shall include the right to utilize such means and services as required

to ensure full ability to operate telecommunication systems, and the right to use the

radio spectrum assigned by the relevant Trinidad and Tobago authorities for this

purpose. The United States shall respect frequencies in use by or reserved for local

operators. Use of the radio spectrum shall be free of cost to the United States

Government.

The Embassy further proposes that the Parties waive any and all claims

(other than contractual claims) against each other for damage to, loss, or

destruction of the other's property or injury or death to personnel of either Party's

armed forces or their civilian personnel arising out of the performance of their

official duties in connection with activities under this Agreement. Claims by third

parties for damages or loss caused by United States personnel shall be resolved by

the United States Government in accordance with United States laws and

regulations.
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The Embassy further proposes that any disputes between the Parties shall be

resolved through consultation between the Parties. Disputes and other matters

subject to consultation under this Agreement shall not be subject to adjudication or

decision by any court or third party unless otherwise mutually agreed.

The Embassy further proposes that the Parties undertake to enter into

negotiations for the renewal of this Agreement six (6) months prior to its

expiration.

Finally, the Embassy proposes that our two governments, or their designated

representatives, may enter into implementing arrangements to carry out the

provisions of this Agreement. The Government of Trinidad and Tobago shall issue

advance notifications, and the United States authorities shall provide information

as requested, in order to fulfill the administrative requirements in force in Trinidad

and Tobago to ensure the operation of the terms of this Agreement. Such

notifications shall be made at the same time as the Government of Trinidad and

Tobago transmits its approval, in writing through diplomatic channels to United

States authorities, for mutually agreed activities.
Embassy of the United States of Ame

Port of Spain, February 20, 2013

If the foregoing is acceptable to the Government of Trinidad and Tobago,

the Embassy proposes that this Note, together with the Ministry's reply to that

effect, shall constitute an Agreement between the two governments, which shall

enter into force on the date of the Ministry's reply.

The Embassy of the United States of America avails itself of this

opportunity to renew to the Ministry of Foreign Affairs of the Republic of Trinidad

and Tobago the assurances of its highest consideration.

cc: Ministry of National Security