Formal requirements for the shape, content, length or title of a SOFA do not exist. A CANAPÉ can be written for a specific purpose or activity, or it can anticipate a longer-term relationship and ensure maximum flexibility and applicability. It is usually a separate document, which is concluded in the form of an executive agreement. A CANAPÉ may contain many provisions, but the most common problem that is raised is which country can exercise criminal responsibility for U.S. personnel. Other provisions on a sofa include uniforms, taxes and royalties, carrying weapons, use of radio spectrum, licences and customs rules. The text of this agreement can be accessed georgewbush-whitehouse.archives.gov/news/releases/2007/11/20071126-11.html (the “declaration of principle”). A historical perspective on U.S. operations in Iraq and issues related to Iraqi governance and security can be found in the report CRS RL31339, Iraq: Post-Saddam Governance and Security, by [author name scrubbed] and CRS Report RL33793, Iraq: Regional Outlook and U.S. Policy, coordinated by [author name scrubbed]. In a November 26, 2007 press release on the declaration, General Douglas Lute, Presidential Assistant for Iraq and Afghanistan, stated that the government did not foresee a forward-looking agreement with Iraq “which has the status of a formal treaty that would then lead us to formal negotiations or formal contributions from Congress.” Office of White House Spokesman, Press Gaggle of Dana Perino and General Douglas Lute, Presidential Assistant for Iraq and Afghanistan, November 26, 2007, available from georgewbush-whitehouse.archives.gov/news/releases/2007/11/20071126-6.html. NATO SOFA is a multilateral agreement applicable between all NATO member countries.
Since June 2007, 26 countries, including the United States, have either ratified the agreement or joined it by joining NATO.9 Other countries are subject to NATO`s SOFA by participating in the NATO Partnership for Peace (PfP) programme. 10 The programme consists of bilateral cooperation between individual countries and NATO to increase stability, reduce the threat to peace and establish enhanced security relations.11 The various pfP countries are committed to meeting NATO SOFA conditions.12 By NATO SOFA and NATO PfP, the United States has a common couch with about 58 countries. Secretary of State Rice and Secretary of State Gates said the United States has agreements in more than 115 countries around the world.13 NATO SOFA and NATO PFP SOFA account for about half of the SOFAs to which the United States belonged. The Senate`s reservations with regard to NATO SOFA contain four conditions: (1) the provisions of the criminal jurisdiction of Article VII of the agreement do not set a precedent for future agreements; (2) where a member of the service is to be brought to justice by the authorities of a host state, the commanding officer of the United States.