personnel in over 3,200 cases that have arisen since NATO

SOFA became effective.

There

Greek authorities retained jurisdiction over 10 of 40 offenses allegedly committed by United States personnel. were nine final results of trial, consisting of two acquittals, one sentence to fine or reprimand, two suspended sentences to confinement, and four unsuspended sentences to confinement.

TURKEY

In NATO-SOFA countries other than Germany, Greece and The Netherlands, waivers of jurisdiction are governed by a provision under which requests for waiver are to be given "sympathetic consideration." Operating under this provision, Turkey seldom grants requests for waivers. During the current reporting period, 85 cases involving military and civilian personnel were reserved for disposition by Turkish authorities. Final dispositions, however, were comparatively lenient. Charges were dropped in 7 cases. Of the 80 completed trials, 14 resulted in acquittal. Among the 66 convictions, there was only one unsuspended sentence to confinement.

EXERCISE OF CRIMINAL JURISDICTION IN NON-NATO COUNTRIES WHERE THE UNITED STATES HAS A JURISDICTIONAL AGREEMENT

Table III illustrates the experience of the Armed Services in each of the non-NATO countries where the United States has a jurisdictional agreement. Japan and Korea accounted for most

of the total offenses subject to the jurisdiction of the

countries listed in Table III.

JAPAN

Our jurisdictional arrangements with Japan continue to operate effectively. Japanese authorities waived their primary right to exercise jurisdiction over 1,710 or 82% of the 2,079 offenses allegedly committed by United States military personnel. Japan retained jurisdiction over only 60

of 424 offenses charged against United States civilian

employees and dependents.

There were 434 final results of

trials, consisting of 358 sentences to a fine or reprimand only, 58 suspended sentences to confinement, and 18 unsuspended sentences to confinement.

KOREA

The Status of Forces Agreement between the United States and Korea entered into force on 9 February 1967. During the current reporting period, United States military personnel were charged with 1,137 offenses subject to the primary jurisdiction of the Republic of Korea. Korean authorities waived their primary right to exercise jurisdiction over 1,127 of these offenses, for a waiver rate of 99%. There were 27 final results of trials during the current period--2 acquittals, 18 sentences to a fine or reprimand, 3 suspended sentences to confinement, and 4 unsuspended sentences to confinement.

VIETNAM

In Vietnam the United States retains jurisdiction over

its military personnel in all cases.

As a result of the decision of the U.S. Court of Military Appeals in United States v. Averette, which was rendered on 3 April 1970, civilians serving with or accompanying our military forces in the field in Vietnam may not be tried by United States courts-martial. Such persons can now be tried only in the Vietnamese courts, except when the offense of which they are accused is punishable in a District Court of the United States. During the current reporting period, six employees of

United States defense contractors were charged by the Government of Vietnam. The charge against one was dismissed without trial. One was convicted, fined and given a suspended sentence. The charges against two were pending at the end of the reporting period. Two departed from Vietnam before trial. The case pending at the end of the last reporting period resulted in a conviction. The accused served his sentence and was released.

EXERCISE OF CRIMINAL JURISDICTION IN COUNTRIES WHERE THE
UNITED STATES DOES NOT HAVE A JURISDICTIONAL AGREEMENT

Table IV summarizes the exercise of foreign criminal jurisdiction in countries where the United States does not have a jurisdictional agreement.

MEXICO AND PANAMA

Mexico and Panama accounted for the great majority of offenses charged against United States personnel in countries where no jurisdictional agreement is in force. In Mexico there were no offenses charged against civilian employees or dependents.

Mexican authorities charged United States military personnel

with 1,112 offenses. Charges against 122 military personnel were dropped. There were 977 sentences to a fine or reprimand,

4 suspended sentences to confinement, and 11 unsuspended

sentences to confinement.

Panamanian authorities charged United States military personnel with 669 offenses. Civilian employees and dependents were involved in 52 alleged offenses.

Dispositions of offenses

were generally lenient. Charges against 231 United States personnel were dropped. There were 7 acquittals, 475 sentences to a fine or reprimand, one suspended sentence to confinement, and five unsuspended sentences to confinement.

EXPENDITURES UNDER TITLE 10, UNITED STATES CODE, SECTION 1037

Under the provisions of 10 United States Code 1037, United States military personnel are generally entitled to have counsel fees, bail, court costs and other expenses incident to their defense before foreign courts paid by the United States Government. Table V itemizes expenditures under this statute in the various countries during the current reporting period. A total of $140,880.91 was expended on behalf of 354 military personnel prosecuted in foreign courts.

CONCLUSION

No United States commander has reported that jurisdictional arrangements have had a significant impact on the accomplishment

of his mission. The Department of Defense considers present

status of forces arrangements to be quite workable and satisfactory.