Visiting forces agreement

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A visiting forces agreement (VFA) is a deal between a country and a foreign military that is visiting to operate there. VFAs are similar to status of forces agreements (SOFAs). A VFA usually covers only visiting troops, while a SOFA covers both visiting forces and those based in the host country.

Most VFAs involve the United States, but other countries also sign VFAs when their troops serve abroad.

The main purpose of a VFA is to spell out the legal terms for how the foreign military can operate in the host country. It often covers entry and exit, taxes, mail, and employment for locals who work with the troops. The most debated parts are civil and criminal jurisdiction.

Civil matters explain how damages caused by the visiting forces will be paid. Criminal matters vary, but typically the visiting country’s military courts handle crimes by service members that occur during duty or involve other service members, while the host country handles other crimes. In many VFAs, the host country retains jurisdiction over most crimes, but the exact rules depend on the agreement.

VFAs can become political issues after crimes by visiting service members, especially when serious crimes are involved and the two legal systems differ. For example, in 2005 in the Philippines, four U.S. Marines were charged with raping a local woman. The case was tried in Philippine court, and one Marine was convicted while the others were acquitted, because the act was not connected to military duties.

Host countries may worry about the presence of foreign troops and may call for renegotiation or withdrawal. Differences in customs, legal systems, and expectations about jurisdiction can fuel disputes. Some people worry that visiting forces have too much immunity and that local courts cannot fully prosecute crimes.

Public debates can reflect broader tensions. For instance, in South Korea, people have argued about the U.S. SOFA and how much immunity it grants, while South Korea itself sometimes has overseas troops under agreements that grant broad immunity. How a case is handled—whether locally or by the sending country—can show whether accountability provisions work, or whether the agreement needs changes.