The current Status of Forces (SOFA) agreement between the US and TT was entered into in early 2013, while the Kamla Persad-Bissessar-People's Partnership government was in office.
That version of the agreement was published on US Department of State website.
It was extended by diplomatic note on December 19, 2022.
"The Embassy has the further honour to propose to the Government of the Republic of TT that the Government of the US and the government of the Republic of TT agree to further extend the 2013 SOFA, without any other changes, for an additional two years from its expiration date of January 1, 2023, to January 1, 2025," the diplomatic note on December 19, 2022 said.
On December 10, National Security Minister Fitzgerald Hinds signed an amended SOFA agreement which is set to go into force on January 1, 2025.
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In a statement on that day, the US Embassy said, "The SOFA is an agreement which allows for military-to-military engagement. The US and TT have had a SOFA agreement since 2007. The new SOFA will bring the agreement in line with US and TT laws and will have no expiration date unless renegotiated."
Newsday understands the SOFA was approved by Cabinet at its meeting on December 7 and sent to attorneys for the Department of Defense (DoD), the National Security Ministry, the TT Defence Force and the Attorney general for a final "scrubbing" before it was signed on December 10.
Newsday also understands the amendments include clarification of the language used in the agreement, including that it allows for civilian employees of the DoD to qualify for immunities. The immunities no longer apply to DoD contractors.
The SOFA makes allowances for DoD law-enforcement officers to carry firearms while deployed in TT and for driver's permits for those employees.
It also makes allowances for US military commanders to discipline US servicemen deployed to TT in TT.
US troops can be deployed to TT – with the permission of the TT government – in times of natural disaster. The US can also request permission to deploy troops to TT using SOFA in the event of a conflict in nearby Venezuela.
Newsday understands similar requests can also be made using the Acquisition and Cross-Servicing Agreement (ACSA), also signed by Hinds on December 10.
Newsday called Hinds four times on December 11 but got no response. Newsday also sent four questions on the SOFA agreement to Hinds at 6.43 pm December 11. Hinds did not respond.
Newsday called Hinds again on December 12 – at 5.26 pm, 5.35 pm, 5.46 pm and 6.05 pm – but got no response. A copy of the 2013 SOFA was sent to Hinds by WhatsApp at 7.15 pm, with a request for him to clarify what differs from that agreement to the one that goes into force on January 1, 2025. There was no response.
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What the 2013 SOFA says:
TT has been a signatory of the Status of Forces Agreement (SOFA) since 2007. After meetings of the US Embassy officials and the TT government in early 2013, a SOFA was agreed to.
It made allowances for military and civilian personnel of the US Department of Defense (DoD) and DoD contractors "who may be temporarily present in TT in connection with mutually agreed activities (defined as such activities for which the Government of the Republic of TT shall transmit its approval in writing through diplomatic channels to US authorities) from the date this agreement enters into force through December 31, 2015."
It made provisions for those US personnel to enter and exit TT with their US IDs; the acceptance of US-issued professional licences and driver's permits; wear their US-issued uniforms while carrying out official duties and carry their firearms while on duty, if authorised to do so by their orders.
"The Embassy further proposes that the Government of TT shall designate the US of America as a 'designated state' in accordance with section 4 of the Visiting Forces Act, Chapter 14:04 of the Laws of Trinidad and Tobago, (the 'Visiting Forces Act'), and such designation shall not expire before the end of December 31, 2015," the SOFA said.
It also made provisions for the TT government to "recognise the particular importance of US armed forces maintaining discipline over US personnel."
"The Embassy further proposes that, in the exercise of its sovereignty, the Government of TT waive its right to exercise criminal and civil jurisdiction over US personnel for any actions, when the US determines that such acts were taken in the course of official duties. Where a case is of particular importance to the Government of TT, any differences concerning whether an action was taken in the course of official duties shall be the subject of consultations between the parties, with a view to arriving at a mutually satisfactory resolution. During such consultations, the Government of TT shall not exercise jurisdiction."
It also makes provisions for TT – "in the exercise of its sovereignty" – to waive its rights to exercise criminal jurisdiction over US personnel for actions taken outside of their official duties, except in cases of particular importance to TT.
If a case is deemed of particular importance, the TT government would have 21 days to notify US authorities and if this notification was not made, the TT government would be deemed to have waived its rights to exercise criminal jurisdiction over US personnel in that case.
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US authorities could exercise jurisdiction of their personnel in the event of such a waiver.
"The embassy further proposes that the Government of TT also confirm that, pursuant to Section 7 of the Visiting Forces Act, the US armed forces may exercise jurisdiction in relation to actions taken by US personnel in the course of official duties."
It also provides that US personnel would not be liable to pay any tax or similar charge in connection with their activities under the SOFA, "and that the US Department of Defense and US personnel may import into, export out of, and use in TT any personal property, equipment, supplies, material, technology, training and services in connection with activities under this agreement."
US personnel were also exempted from any inspection, licence and custom duties for imported items connected to activities under the agreement.
The SOFA makes provisions for the security and protection of US personnel, property, equipment and records and for DoD vehicles to move freely "within the territory of TT, except in restricted areas."
In addition to not paying port fees, pilotage charges and harbour dues, the SOFA also said US aircraft and vessels "shall be free from boarding and inspection."
Other provisions include DoD selecting contractors without any restrictions and in line with US laws; contracts under the SOFA being tax-free; the allowance for US contractors to operate tax-free and import or export any supplies and material without licences or customs duties; and for US contractors to be given the same treatment as US personnel regarding professional and drivers' licences.
"The embassy further proposes that US personnel may enter and exit and, except in those areas where access may be restricted, move freely within the territory of TT, and have access to and use of mutually agreed transportation, storage, training and other facilities required in connection with activities under this agreement."
The US was also allowed to use the radio spectrum without charge.
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"The embassy further proposes that the parties waive any and all claims (other than contractual claims) against each other for damage to, loss, or destruction of the other's property or injury or death to personnel of either party's armed forces or their civilian personnel arising out of the performance of their official duties in connection with activities under this agreement."
The SOFA concludes with a clause that both governments or their representatives "may enter into implementing arrangements to carry out the provisions of this agreement. The Government of TT shall issue advance notifications, and the US authorities shall provide information as requested, in order to fulfil the administrative requirements in force in TT to ensure the operation of the terms of this agreement."
