Legal Briefing Explanation of your SOFA Rights and Benefits and Legal Services in Australia

Who’s Who In Australia Defense Attaché – Designated Commanding Officer for military personnel Chief of Mission – Delegated responsibility for force protection/physical security of DoD personnel by PACOM Regional Security Office (RSO) – Implements force protection requirements

Article 1 -- Definitions Australia: territories under authority of Commonwealth of Australia Members of the United States Forces: personnel in the land, sea or air armed services of US Members of the Civilian Component:  Employed by US forces or by military sales exchanges, commissaries, clubs or other facilities  Serving with an organization which, with AU approval, accompanies US forces Family Member: spouse or other relative who depends on support of US forces member or Civilian Component member and is identified in PCS orders

Article 2 – Entry to Australia Military Member – ID card, PCS orders Civilian Component – Official passport, ID card, PCS orders Family Member – Passport, ID Card (if applicable), PCS orders identifying family members as accompanying member No VISA required

Article 3 – HHG/POV Shipments No import duty on personal effects, furniture, and household goods  Cannot be disposed of by sale or gift in AU within 2 years of importation  Duty may be imposed on excessive tobacco and alcohol products No duty on POV  As long as member owned POV at least 6 months prior to shipping and is imported for 2 years OR  Imported with intent to export within 3 years of import

Household Good and POV Claims Local POC for all services for filing HHG and POV claims  Full Replacement Value Program  Air Force Claims Service Center  All other branches if not filed with carrier under FRV program will be filed with 337 th ASUF/JA and sent to proper service for settlement Important dates  DD Form 1840R – must be to carrier or this office within 70 days of delivery  DD Form 1842/1844 (Claim reimbursement documents) – must be filed within 9 months for FRV and 2 years for depreciated cost or with respective service

Article 4 – GST Reimbursement If no POV shipped and at least 2-year assignment, member entitled to GST reimbursement for AU manufactured/assembled vehicle  Ford: Falcon or Fairlane  Holden: Commodore or Statesman  Mitsubishi: Magna  Toyota: Camry Procedures identified in handout May request for second vehicle if domestic situation warrants, i.e., spouse employed outside home

Article 5 – Restriction on Goods Duty free goods imported for personal use may not be transferred to another without permission of AU SOFA vehicles may be sold to another SOFA member, but no one else without AU authorization

Article 6 – Income and Other Taxes US derived income is not subject to AU tax while in AU Gift/Estate tax not applied on transferred property in AU solely because of duty in AU However, gift/estate tax may be imposed on:  Investment property  Intangible/copyright registered in AU or  Property held in connection with carrying on business in AU

Article 7 – Legal Domicile AU taxation which depends on residence or domicile shall not be considered for the duration of periods in AU  Family members employed on the economy will not be considered non-resident for tax purposes

Article 8 – Foreign Criminal Jurisdiction (FCJ) US SOFA personnel subject to AU laws AU has exclusive jurisdiction over civilian and all family members (personnel not subject to military law) Military members:  If action violates both AU and UCMJ, US has primary right of jurisdiction if Solely against property or security of US Solely against property or person of another SOFA person Act or omission in performance of official duty  AU has primary right of jurisdiction in all other cases

Article 9 – Official Use Property Equipment, materials, supplies, or other property imported or purchased in AU for official use of US forces, not for resale, is duty and tax free Procedurally, GST/duty for items purchased on the economy for official use is paid then reimbursement requested from ADF

Article 10 – Commissary SOFA provides for commissary, exchange, club in AU but no facilities have been established Procedures in place to prevent black marketing

Article 11 – Mail APO authorized at US installations (Embassy, Consulates, Pine Gap) Official mail not inspected by AU authorities Non-official mail subject to inspection by US and AU authorities

Article 12 – Claims by Government For actions that occur in the course of official duties or for official purposes US Air Force has single-service claims jurisdiction for AU Contact this office immediately if incident occurs  Traffic accident while in the course of official duty that injures or damages property of private citizen  Exercise actions which injure or damage property of private citizen

Article 13 – Compliance with Law Consistent with existing agreements, US Govt and Personnel shall abide by AU Commonwealth and State laws  Includes quarantine and industrial determination laws

Article 14 – Driver’s License If operating military vehicle, if member hold’s valid US license, no AU license required If operating any other vehicle, SOFA personnel will comply with State law  No driving test required if hold valid license POVs will be licensed IAW with State law

Articles : Comply with labor laws 16: Comply with foreign exchange laws 17: If US flag flown at US forces establishment, AU flag flown as well 18: US forces comply with uniform/civilian dress conditions established for AU forces when serving with AU forces 19: Weapons authorized by orders must be coordinated with AU before import of use 20: Use of military police on US establishments 21: Requires of US personnel to assist AU authorities if documentation required for legislative action to pay official claims 22: Cooperation between AU/US govts to prevent abuse under SOFA

Article 23 – Use of AU Facilities Fees for AU public services and facilities shall apply as agreed, except No landing fees shall be payable by US govt for US forces aircraft in AU No toll charges including light and harbor dues shall be levied upon US forces vessels

Article 24 – Duration SOFA remains in effect for at least 25 years from signature on 9 May 1963 and continues until 180 days after date of notice by either government to terminate

Personal Property Insurance Renter’s insurance Comprehensive vehicle insurance Loss resulting from theft or natural disaster are authorized claims overseas but amount payable limited by US law

Purchasing Residential Real Estate Foreign personnel may purchase in AU as long as they comply with requirements Websites:

Other Services Available Lease review  Defence/Diplomatic Clause US Notary Wills POA Income tax efile and assistance