frequently asked questions on missile defense

Legal Issues

Q: What is the legal status of the installation in terms of compatibility with laws in the Czech Republic?  Are there sovereignty issues?
A: The host nation would exercise its sovereign authority to give its permission for the installation to be built, maintained, and operated on its territory.  The territory on which the installation would be built would remain the sovereign territory of the host nation.  In accordance with Article II of the NATO Status of Forces Agreement (SOFA), it is the duty of a force and its civilian component and the members thereof as well as their dependents to respect the laws of the host nation, legally referred to as the “receiving state”.

Q: Will U.S. personnel assigned to the installation be exempt from the laws of the Czech Republic or will it have jurisdiction if crimes are committed on the installation?
A: In accordance with Article II of the NATO SOFA, it is the duty of a force and its civilian component and the members thereof as well as their dependents to respect the laws of the receiving state.  The articles of the NATO SOFA would apply to members of a force or civilian component or a dependent, including the articles on privileges and immunities, criminal jurisdiction, taxes, and claims. 

Q: What type of access will Czech Republic or government officials have to the facility to investigate potential violations of Czech law?
A: In accordance with Article VII, paragraph 4, of the NATO Status of Forces Agreement, the receiving and sending states shall assist each other in the arrest of members of a force or civilian component or a dependent of the sending state in the receiving state, and shall assist each other in the carrying out of all necessary investigations into offences.

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