Visiting Forces Act is a title often given to laws governing the status of

military personnel Military personnel are members of the state's armed forces. Their roles, pay, and obligations differ according to their military branch (army, navy, marines, air force, space force, and coast guard), rank (officer, non-commissioned officer, or e ...

while they are visiting within areas under the jurisdiction of another country and/or while forces of one country are attached to or serving with forces of another country. The law may also apply to some foreign non-military persons who are associated with visiting

military forces A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...

(e.g.,

dependents A dependant is a person who relies on another as a primary source of income. A common-law spouse who is financially supported by their partner may also be included in this definition. In some jurisdictions, supporting a dependant may enabl ...

civilian Civilians under international humanitarian law are "persons who are not members of the armed forces" and they are not "combatants if they carry arms openly and respect the laws and customs of war". It is slightly different from a non-combatant, b ...

employees Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any othe ...

, etc.). Such laws commonly address such issues as

criminal jurisdiction Criminal jurisdiction is a term used in constitutional law and public law to describe the power of courts to hear a case brought by a State (polity), state accusing a defendant of the commission of a crime. It is relevant in three distinct situati ...

, treatment of apprehended individuals found to be foreign military personnel who are

absent without leave Desertion is the abandonment of a military duty or post without permission (a pass, liberty or leave) and is done with the intention of not returning. This contrasts with unauthorized absence (UA) or absence without leave (AWOL ), which a ...

or military deserters,

double jeopardy In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare case ...

situations, etc. Individual laws enacted by individual governments may address such issues directly, or may act as enabling legislation so that separate

visiting forces agreement A visiting forces agreement (VFA) is an agreement between a country and a foreign nation having military forces visiting in that country. Visiting forces agreements are similar in intent to status of forces agreements (SOFAs). A VFA typically co ...

s between a host country and other countries may attain the force of law. Depending on the legislative climate in the host country, such enabling legislation may or may not be necessary.

Specific countries

Following are some examples of laws relating to visiting forces in various countries:

Antigua and Barbuda

The Visiting Forces Act of 2007 would define the status of foreign forces visiting Antigua and Barbuda). Section 7 of that Act provides that a service court of a visiting force has the primary right to exercise jurisdiction in relation to an alleged commission by a member of the visiting force or a dependent of an offense in respect of (a) the property or security of the designated state; or (b) the person or property of another member of the visiting force or a dependent. This act is presently embodied in a bill is pending enactment.

Australia

The Defence (Visiting Forces) Act 1963 is an act to make provision with respect to naval, military and air forces of other countries visiting Australia, and for other purposes. Section 6 of this act specifies that it shall be read as a reference to: (a) any country declared by the regulations to be, for the purposes of this Act, a country within the Commonwealth of Nations; and (b) any other country declared under this section to be a country in relation to which that provision has effect. Section 5 of the Defence (Visiting Forces) Regulations 1963 specifies a list of specific countries with reference to which the Visiting Forces Act applies. Section 8 of the Visiting Forces Act specifies that the service tribunals and service authorities of a country in relation to which this section applies may, within Australia, or on board a ship or aircraft belonging to or in the service of the Defence Force or a part of the Defence Force, exercise over persons subject to their jurisdiction in accordance with this section all such powers as are exercisable by them in accordance with the law of that country.

Canada

The Visiting Forces Act (R.S., 1985, c. V-2) provides that the service authorities and service courts of a visiting force may exercise within Canada in relation to members of that force and dependents all the criminal and disciplinary jurisdiction that is conferred on them by the law of the designated state to which they belong.

Germany

The following agreements govern the presence of forces from NATO states stationed in Germany on the basis of an international treaty: * the NATO Status of Forces Agreement (SOFA) of 19 June 1951 (Agreement between the Parties to the North Atlantic Treaty Regarding the Status of their Forces, Federal Law Gazette 1961 II p. 1190) * the SOFA Supplementary Agreement of 3 August 1959 (Agreement to Supplement the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces with respect to Foreign Forces stationed in the Federal Republic of Germany, Federal Law Gazette 1961 II p. 1218)

Malaysia

In Malaysia, Act 432 is the Visiting Forces Act 1960 (Revised 1990).

New Zealand

In 2004, the New Zealand Parliament passed the Visiting Forces Act 2004, updating and replacing the Visiting Forces Act 1939.

Singapore

Singapore's Visiting Forces Act contains provisions for "the naval, military and air forces of certain other countries visiting Singapore, and for the apprehension and disposal of deserters or absentees without leave in Singapore from the forces of such countries and for matters connected therewith."

Trinidad and Tobago

In March 2007, the

Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...

and the

House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...

passed legislation titled the Visiting Forces Act, 2007. Section 5 of the act extends immunity from the civil and criminal jurisdiction of Trinidad and Tobago in respect of actions taken in the course of their official duties.

United Kingdom

The Visiting Forces (British Commonwealth) Act 1933 was an act to make provision with respect to forces of His Majesty from other parts of the British Commonwealth when visiting the United Kingdom or a colony; with respect to the exercise of command and discipline when forces of His Majesty from different parts of the Commonwealth are serving together; with respect to the attachment of members of one such force to another such force, and with respect to deserters from such forces. During

World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...

, the

Allied Forces Act 1940 The Allied Forces Act 1940 (3 & 4 Geo. 6 c. 51) was an act of Parliament of the Parliament of the United Kingdom passed in late 1940, after the fall of France. The act gave legal authority for the recognised sovereign governments of Belgium, Cze ...

enabled visiting Allied forces to conduct courts martial, but did not provide immunity from ordinary criminal law. There was a single exception, as the United States of America (Visiting Forces) Act 1942 gave members of the United States naval and military forces immunity in United Kingdom courts. That remained the position until the aforementioned acts were repealed by the

Visiting Forces Act 1952 The Visiting Forces Act 1952 is an Act of the Parliament of the United Kingdom.Section 3provides immunity against prosecution for certain offences in the courts of United Kingdom by members of visiting forces and, by virtue of the 1964 Act, in ...

. The

was passed to incorporate the provisions of the NATO Status of Forces Agreement into United Kingdom law. SOFA provides a basis for a mutual and reciprocal system of exemptions, immunities and privileges for visiting forces when exercising or stationed in a host country. A major feature of SOFA, which is implemented by the 1952 Act, is the question of jurisdiction for dealing with offences committed by visiting servicemen, civil servants accompanying a force, dependents and contractors. Its main provision is the agreement that the visiting force will retain jurisdiction for its people, which applies equally to United States personnel based in the United Kingdom and British forces serving in NATO countries, Commonwealth countries and, more recently, those countries that have signed up to the NATO partnership for peace. Usually, the service authorities for the visiting force member alleged to have committed an offence and the United Kingdom authorities will be able to agree which jurisdiction is appropriate to deal with the case. If agreement is not reached the decision as to jurisdiction will be referred to the

Crown Prosecution Service The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions. The main responsibilities of the CPS are to provide legal adv ...

. Where United Kingdom jurisdiction is appropriate the visiting forces case will normally be dealt with locally unless other criteria require the case to be dealt with by Crown Prosecution Service headquarters. Section 1 of the Visiting Forces Act 1952 contains a list of countries to which the act applies. Subsection 2 of Section 1, along with Subsection 2 of Section 15 provide the authority and a means for extending this list. Visiting Forces (Designation) Order 1997 and 1998 extended this list by designation additional countries.

Anguilla, the Cayman Islands, Montserrat and the Virgin Islands

Statutory Instrument 1990 No. 24 extends the provisions of the British Visiting Forces Act 1952 to these territories.

Bermuda

Statutory Instrument 2001 No. 3922 extends the provisions of the British Visiting Forces Act 1952 to Bermuda.

Vanuatu

On 14 August 1980, the

Republic of Vanuatu Vanuatu ( or ; ), officially the Republic of Vanuatu (french: link=no, République de Vanuatu; bi, Ripablik blong Vanuatu), is an island country located in the South Pacific Ocean. The archipelago, which is of volcanic origin, is east of no ...

enacted the Visiting forces (Agreement) Act. This act gives separate

Visiting Forces Agreement A visiting forces agreement (VFA) is an agreement between a country and a foreign nation having military forces visiting in that country. Visiting forces agreements are similar in intent to status of forces agreements (SOFAs). A VFA typically co ...

s with and

Papua New Guinea Papua New Guinea (abbreviated PNG; , ; tpi, Papua Niugini; ho, Papua Niu Gini), officially the Independent State of Papua New Guinea ( tpi, Independen Stet bilong Papua Niugini; ho, Independen Stet bilong Papua Niu Gini), is a country i ...

and with the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...

, and specified a protocol for extending those agreements.