09 Okt Status Of Forces Agreement Italy
17 NATO`s SOFA was regarded as a re-edition of the established principle of customary international law of `flag law`. The status of armed forces abroad in the absence of a contract providing for the exercise of criminal justice was discussed by Serge Lazareff, status of Military Forces under Current International Law 11-18 (1971). For an in-depth analysis of State practice prior to the Second World War, see G. P. Barton, Foreign Armed, Forces: Immunity from Criminal Jurisdiction, 27 Brit. Y.B. Int`l L. 186 (1950); and G. P. Barton, Foreign Armed Forces: Legal Qualification immunity, 31 Brit. Y.B. Int`l L.
341 (1954). See also D. S. Wijewardane, Criminal Jurisdiction over Visiting Forces with Special Reference to International Forces, 41 Brit. Y.B. Int`l L. 122, 141, 146, 194 (1965-66) (noting that Article VII is far from being a “radically new system”, but that it is a coherent declaration of principles and practices that had already emerged in international law). Pasquale de Sena, Diritto internazionale e immunità funzionale degli organi statali 244-50 (1996), recently held that no general rule of international law supports the immunity of foreign armed forces for acts in their official capacity. If you earn from the work you do during your stay in Italy, Italian law requires you to have a valid work visa and a valid work permit.
In addition, the use of the U.S. Post for home stores is not allowed. Those who opt for an Italian work visa and an Italian work permit declare to the Italian government that you wish to be considered an ordinary resident of Italy. One cannot have both the status of habitual residence and “PROTECTED SOFA” status. 18 Those agreements included the Bilateral Infrastructure Agreement (BIA) of 20 October 1954; the Memorandum of Understanding of 30 November 1993 on the use of aviano air base; and the shell agreement of 2 February 1995 between the Italian Minister of Defence and the US Ministry of Defence. Due to their nature as “classified information”, the content of these agreements was known to the Public Prosecutor`s Office, but could not be disclosed. A “declassification” had been requested but had not yet been granted. However, civilian employees of the U.S. government and all family members who are not citizens of the European Union must have a visa mission and a Soggiorno Permit mission. The Italian Government transmits these documents to persons who are here exclusively for the purposes of the US military mission and who therefore have the status of “SOFA-protégé”. If you are sponsored by an order and you are listed in your spouse`s orders, you are here under “SOFA Protected Status”. Therefore, you must follow the instructions above to become an ordinary resident and renounce the “sofa-protected” status.
However, working as an ordinary inhabitant can disqualify a person from future U.S. government jobs in Italy. An Italian work visa and work permit are required to be employed in Italy by forces other than the United States (including GS, NAF and contract positions). This applies to both Italian and American companies. If a person chooses to obtain these documents, he declares to the Italian Government that he wishes to be considered an ordinary resident of Italy. One cannot both have the status of an ordinary resident and have “SOFA-protected”, regardless of one`s position here. . . .