The law governing the presence of forces
The presence of forces from NATO states stationed in Germany on the basis of a special agreement is governed by the NATO Status of Forces Agreement (SOFA) of 19 June 1951 (Agreement between the Parties to the North Atlantic Treaty Regarding the Status of their Forces, Federal Law Gazette 1961 II p.1190), and the SOFA Supplementary Agreement of 3 August 1959 (Agreement to Supplement the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces with respect to Foreign Forces stationed in the Federal Republic of Germany, Federal Law Gazette 1961 II p.1218). The Supplementary Agreement contains detailed provisions on all questions regarding troops stationed in Germany. Following German unification, it was thoroughly revised by the Agreement of 18 March 1993 (Federal Law Gazette 1994 II p.2594).
The NATO SOFA and SOFA Supplementary Agreement conferred numerous privileges and immunities on the relevant forces. These include, for example, immunity as regards civil, administrative and criminal jurisdiction, and privileges with respect to social insurance, customs and taxation and motor vehicles. In addition, they – especially the SOFA Supplementary Agreement – include provisions on the use of premises and the employment of local German staff by forces stationed in the country.
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