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sions of the NATO agreement. 82 The 1952 Security ticle XIII, 89 like the current provisions of the Japanese
Treaty was superseded on 19 January 1960 by a Treaty of and Korean agreements, contains a jurisdictional formula
Mutual Cooperation and Security. 83 The new treaty (Ar- similar to the NATO SOFA. With respect to those
ticle VI) requires that the status of forces be provided by offenses over which the United States has primary juris-
an agreement separate from the 1952 Administrative diction, the Agreed Official Minutes Regarding Article
Agreement. Article VI was immediately implemented by XI11 specifies such jurisdiction will apply "only to those
an agreement 84 which now controls the status of U.S. persons subject to the military law of the United States
forces in Japan. It is substantially similar to the NATO regularly assigned to the Philippines or present in the
SOFA. Philippines in connection with the presence of the U.S.
c. Republic of Korea. With the exception of MAAG bases." Further, it specifies that the term "persons sub-
personnel, the status of U.S. forces in Korea was ject to the military law of the United States" does not ap-
governed, until 9 February 1967, by a wartime executive ply to members of the civilian component or dependents
agreement entered into in July of 1950. 85 That agree- "with respect to whom there is no effective military juris-
ment, actually an exchange of notes between the ROK diction at the time this arrangement enters into force,"
government and our embassy at Seoul, gave the United thereby recognizing the recent United States court deci-
States exclusive criminal jurisdiction over "members of sions 90 denying military jurisdiction over such personnel.
the United States Military Establishment in Korea." On 9 e. Okinawa (Ryukyu Islands). Under the terms of the
February 1967, the Korean Status of Forces Agreement, Peace Treaty with Japan, the United States was granted
with agreed minutes, 86 came into effect. Based largely on "the right to exercise all and any powers of administra-
the NATO SOFA, it established a jurisdictional formula tion, legislation, and jurisdiction over the territory and in-
similar to that contained in the NATO SOFA. Members habitants" of the Ryukyu Islands. 91 Exclusive criminal
of the force are defined as personnel on active duty with jurisdiction over all the Marines, Army, Navy, Air Force,
the armed services of the United States when in the ter- and Coast Guard who are stationed at this defense bastion
ritory of the Republic of Korea except Embassy and was thus vested in United States courts-martial. USCAR
MAAG personnel. MAAG personnel and their depend- courts exercised jurisdiction over U.S. civilians who were
ents continue to enjoy the immunities of Embassy person- either United States government employees or depend-
nel as provided in the Mission Agreement of 26 January ents. Since the entry into force of the Agreement for
1950. 87 The civilian component is defined as civilians of Reversion to Japan of the Ryukyu and Daito Islands, 92
U.S. nationality who are in the employ of, serving with, or jurisdiction over U.S. military and civilian personnel is
accompanying the U.S. Armed Forces except persons or- governed by the Japanese Administrative Agreement. 93
dinarily resident in the Republic of Korea and "invited f. Saudi Arabia. Under earlier agreements (e.g.,
contractors." Invited contractors are treated as a special Dhahran Air Base Agreement 94 and the MAAG Agree-
class and enjoy certain, but not all, of the rights accorded ment), 95 criminal jurisdiction was based on a geographi-
to members of the civilian component. For the purposes cal concept, i.e., offenses committed by military personnel
of the Agreement, dual nationals brought into Korea by in certain specified areas of the nation were subject to ex-
the Armed Forces will be deemed to be U.S. nationals. clusive U.S. jurisdiction. Offenses committed by military
Dependents are defined as the spouse and children under personnel outside those areas and all offenses committed
21, as well as children over 21 and other relatives depend- by civilians irrespective of where committed were subject
ent for over one-half of their support on members of the to exclusive Saudi Arabian jurisdiction. In later agreements
(e.g., the Construction of Military Facilities Agree-
forces or civilian component.
ment), 96 the concept was changed so as to provide that
d. Philippine Islands. U.S. forces in the Philippines,
"the senior representative of the Corps (of Engineers)
principally Navy and Air Force, come under a Military
element in Saudi Arabia shall have the sole authority to
Bases- Agreement which has been in effect since 1947.88 maintain discipline and good order among the members
In 1965, Article XIII of the Agreement governing crimi- of the Corps and their dependents and to assure their full
nal jurisdiction was substantially revised. The revised Ar- respect for the laws of Saudi Arabia by taking appropriate

82: [I9531 4 U.S.T. 1846, T.I.A.S. No. 2848. 89. [I9651 16 U.S.T. 1090, T.I.A.S. No. 5851; 119711 22 U.S.T.
83. I19601 11 U.S.T. 1632, T.I.A.S. No. 4509. 1469, T.I.A.S. No. 7160.
84. [I9601 11 U.S.T. 1652, T.I.A.S. No. 4510.
90. See paras. 10-4a(2) and (3) supra.
8s. [I9541 5 U.S.T. 1408, T.I.A.S. No. 3012. See also [I9521 3
91. [I9521 3 U.S.T. 3169, T.I.A.S. No. 2490.
U.S.T.4420, T.I.A.S. No. 2593. 92. [I9721 23 U.S.T. 446, T.I.A.S. No. 7314, entered into force
86. [I9661 17 U.S.T. 1677, T.I.A.S. NO. 6127. May 15, 1972.
87. [I9521 3 U.S.T. 2696, T.I.A.S. No. 2436. 93. [I9601 11 U.S.T. 1652, T.I.A.S. No. 4510.
88. 61 Stat. 4019, T.I.A.S. No. 1775. Seealso [I9581 9 U.S.T. 547, 94. [I9511 2 U.S.T. 1466, T.I.A.S. No. 2290.
T.I.A.S.No. 4033 establishing a Mutual Defense Board to work out 95. [I9531 4 U.S.T. 1482, T.I.A.S. No. 2812.
problems under the base agreement. 96. [I9651 16 U.S.T. 890, T.I.A.S. No. 5830.