Introduction

 There is no known public record of a Status of Forces Agreement between Australia and Afghanistan. A SOFA was signed with the Kyrgyz Republic in 2002, presumably referring to access to Manas Air Base.

Government sources

A Status of Forces Agreement with the Kyrgyz Republic, Joint Standing Committee on Treaties, 46th Report, June 2002

Background and summary of the agreement and national interest analysis, and recommendation.

Agreement Between the Government Of Australia and the Government of the Kyrgyz Republic Concerning the Status of Australian Forces in the Kyrgyz Republic, Done At Bishkek On 14 February 2002: National Interest Analysis and Text

“The proposed Agreement provides that Australian personnel are accorded a status equivalent to that of ‘administrative and technical staff’ under the Vienna Convention on Diplomatic Relations 1961. Accordingly, and in addition to the express terms of the Agreement, the Kyrgyz republic shall afford Australian personnel the privileges and immunities due to them under that Convention. These include the following key matters:

• Members shall not be liable to any form of arrest or detention;

• The receiving State shall treat members with due respect and shall take all appropriate steps to prevent any attack on the members person, freedom or dignity;

• Immunity from criminal jurisdiction;

• Immunity from civil jurisdiction in certain circumstances;

• Exemption from most taxes, in particular any taxes on salary;

• Exemption from compulsory military service in the receiving State;

• Exemption from certain customs duties, taxes and related charges.”

Analysis

Topic 4 – 4.1: Legal Framework for Civil-Military Co-operation, Lieutenant Commander Rachel Jones, Military Law Centre, Military Operations Law, Faculty of Law, Australian National University,  29 October – 2 November 2007 [PPT]

OPERATION SLIPPER – The conduct of the war against Terrorism

• Agreement between the Government of Australia and the Government of the Kyrgyz Republic, done at Bishkek on 14 February 2002 (the Agreement), and Entered into Force on 9 July 2002

• Basing Arrangement with […] for P-3s concerning status of forces

• Implementing Arrangement with Canada for Logistics Support of P-3s

• Exchange of Notes with UK for the transit and basing of Australian Personnel in Diego Garcia in support of the United States led military operation against international terrorism

• Implementing Arrangement for Mutual Logistics Support with the Republic of Korea

See also

• Status of Forces
• Status of Forces – Solomon Islands
• Status of Forces Agreements – Timor
• Manas Air Base