Agreement Between the Government of the United States of America

________________________________________________________________________

TREATIES AND OTHER INTERNATIONAL ACTS SERIES 02-1205

DEFENSE

Status of Forces

Agreement Between the

UNITED STATES OF AMERICA

and CYPRUS

Effected by Exchange of Notes at Nicosia

October 21 and December 5, 2002

Entered into force December 5, 2002

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.”

EMBASSY

OF

THE

UNITED

STATES

OF

AMERICA

•~

No.

011

1be

Embassy

of

the United States

of

America presents its complimen!s

to

the

Ministry

of

Foreign Affairs

of

the Republic

of

Cyprus

and

bas the

honor

to

refer

to

recent

discussions between representatives

of

otir

two

governments regarding issues related to

United States military and civilian personnel

of

the United States Department

of

Defense

who may be present in the Republic

of

Cyprus

in

connection

with

cooperative efforts in

response

to

terrorism, hwronitarian aSsistance, United

States

Navy

port

visits, United

States aircraft

landings.

and

other

agreed activities.

accorde,fa

status

equivalent to that accorded to the administrative

and

technical

staff

of

the

Embassy

of

the United States

of

America under

the

Vienna Convention

on

Diplomatic

relations

of

April 18,

1%1;

that

United States persolinel

be

pennitred

to

enler and exit the

Repnblic

of

C}prus with United States identification and with oollective movement

or

individual tteyel orders;

that

Cypriot authorities shall

accept

as

valid,

without

a driving fee

or

test, driving licenses

or

permits issued

by

the

appropriate United

States

authorities to

United

States

personnel for the operation

of

vehicles; and

that

such personnel be

authorized

to

wear

uniforms while performing official duties arnj

to

carry weapons

when

their orders call for it.

The embassy further

prop<J"ses

that vehicles, vessels, and aircraft oWned

or

•

operated by

or

for the United States

anned

forces

shall

not

be subject

to

~

payment

of

lanrling.

navigation., overflight

or

parking charges,

port

and pilotage fees,

or

overland

tT811$it

fees

while

in

the

Republic

of

Cyprus; however, the United

States

armed furces

sball

pay reasonable charges

for

services requested

and

received. Afrcraft, vessels. and vehicles

of

the United States shall

be

free

of

inspections.

The Governmeat

of

the United States

of

America. its military and ci,·ilian

personnel, and its contractors and contractor personnel shalI not be liable

to

pay any tax

or

similar charge assessed within the territory

of

the Republic

ofCYP£US.

The Government

of

the United States

of

America, its military and civilian

personnel, and its contractors

and

contractor personnel may import into, export

out

of,

and

use in the Republic

of

Cyprus any personal property, equipment,

suppiic.<;,

materials,

,·

technology, training

or

services required

to

implement thls agreemenL Such importation,

'

exportation.,

and

use

shall be exempt from any

inspe<..-tion,

license,

olhcr

restrictions,

cqstoms duties, taxes,

or

any other c!Jarges

~

within the territory

of

the

Republic

of

Cyprus.

'

In

the

event

that

the

Government

of

the United

States

of

America

awards

contracts

fur

the

acquisition

of

articles and

=vices,

including construction, to implement this

agieemem,

such

contracts shall be awarded

in

accordance

with,the laws

and

regulations·of

the

Government

oftbe

United

States

of

America. Acquisition

of

articles

and

services in

the

Republic

of

Cyprus

by

or

on

liebalf

of

the

Governmem

of

the

United

States

of

America

in

implementing this agrecmem shall not be sui,ject

to

any taxes,

customs

duties,

or

simifar

charges

in

the

territory

of

the Republic

of

Cyprus.

The

Government

of

the Republic

of

CJprus

rci:ognizcs the particular importance

of

disciplinary

control

by

United

States

military authorities

over

Uµited

States

personnel

and, therefore,

the

Government

of

the Republic

of

Cyprus

authorizes

the

United

States

Government

to

exercise criminal jurisdiction

over

such

personnel.

The

Go,'Crllrnent

of

the

Republic ofC)lpl'Us.andthe

Government:

of

the United

States

of

America

confirm that

such

persomre:i.

may

only

be

~-urrende:red

to, uc otherwise trousfurred

tot~

custody oflill,

Govemmem

of

the

United

States

of

America.,

'

The

Government

of

the Republic

of

Cyprus

recognizestbat

it

shall

be

necessary for

Uoited

States

personnel and systems to use,the

radi<r

.spectrmn. The Govenimcnl

of

the

United

States

of

America

shall be allowed

to

operate

its

own

telecommunication systems

{as

telecommunication is defined

in

the 1992 constitution

of

the

International

Telecommunication Union). This

shall

include the right

to

utiliz.e

such

means

and

services

as

required

to

assure full ability

to

operate telecommunication systems

and

the

right

to

use

all necessary radio spectrum for

this

purpose. Use

pf

t:adio

spectrum

shall

be

free

of

cost.

The

Goveminents

of

the United

States

of

America

and

the

Republic

of

Cyprus

shall

cooperate

in taking

such

steps

as

shall

be

necessaryto

ensure the

secuti!y

ofUnited

States

personnel

and

property in

the

territory

of

Cyprus.

Fmally, the Embassy proposl:s that,

other

than

contr-.1ctual claims,

the

parties waive

any

and all

claims

against em:h

other

for

damage

to,

Joss of:

or

destruction

of

property

owned

by

each

party

or

death

or

injury

to

any

military

or

civilian personnel

of

either party

arising

out

of

:Ictivities in

the

Republic

of

Cyprus tlDder this agreement. Claims

by

third

parties arising

out

of

the

acts

or

omissions

of

any United

States

personnel

may,

at

the

discretion

of

the

Government

of

the United

States

of

America, be

dealt

with

and

settled

by

~

Government

of

the

United

States

of

America

in

accordance

with United

States

law.

If

the

foregoing

is

acceptable

to

the Government

of

tbe

Republic

of

Cyprus, the

Embassy

proposes

that

this

note, together

with

the Mmistry' s repiy

to

that efiect,

shall

constitute

an

agreement between

the

two

Governments

which

shall

enter

into force

on

the

date

of

the

Mmistty'"s

reply.

'

The

Embas,,-y

of

the

United Stales

of

America avails

itself

of

this opportunity

to

renew

to

the-Ministry

of

Foreign

Affairs

the assurances

of

its

highest coosideration.

Embassy

of

the United States

of

America.

Nicosia,

21

October

1002.

~

REPUBLIC OF CYPRUS

MINISTRY

OF

FOREIGN

AFFAIRS

'"

........

PI:?

.

..f'.'1~!.Y.:4.,.1.:05

NOTE VERBALE

The Ministry

of

Foreign Affairs

of

the

Republic

of

Cyprus presents its

compliments

to

the Embassy

of

the United States

of

America and has

the

honour

to refer to the Embassy's Note

of

21

October 2002, No. f1 regarding

issues related to United States

military and civilian personnel

of

the United

States Department

of

Defence

who

may

be present in

the

Republic

of

Cyprus

in

connection with cooperative efforts in response to terrorism, humanitarian

assistance, United States Navy port visifs, United States aircraft landings,

and

other

agreed activities.

The

Ministry

of

Foreign Affairs wishes

to

inform

the

US

Embassy

of

the

decision

of

the

Council

of

Ministers

on

1.3

November 2002

No

56.

753,

to

approve

the

contents contained in the Emlrassy·s aforementioned Note.

As

such,

the

Embassy's

Note, together

with

this Note

Verbale

from the Ministry

informing

of

the decision

of

the

Council

of

Ministers, shall constitute

an

agreement between the two Governments and 'Shall -enter into

force

on

5

December 2002 substituting the previous relevant agreement between

the

two Governments that entered into force

.on

3

July

2002. This agreement

may

be

terminated through a Note Verbale to this

effect

by

either Party.

The Ministry

of

Foreign Affairs

of

the

Republic

Qf

Cyprus avaifs itself

of

this opportunity to renew to the Embassy

of

the

United States

of

America the

assurances

of

its highest consideration.

To the Embassy

of

the United States

of

America

Nicosia