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Summary

The U.S. has been involved in military operations in Iraq since March of 2003. The legal framework under which the U.S. has operated includes H.J.Res. 114 (P.L. 107-243), multiple U.N. Security Council Resolutions, as well as orders under the Coalition Provisional Authority. The U.N. Security Council extended the mandate for the multinational forces through December 31, 2008. On November 26, 2007, U.S. President George W. Bush and Iraqi Prime Minister Nouri Kamel Al-Maliki signed a Declaration of Principles for a Long-Term Relationship of Cooperation and Friendship Between the Republic of Iraq and the United States of America. Pursuant to this Declaration, the parties pledged to begin as soon as possible, with the aim to achieve, before July 31, 2008, agreements between the two governments with respect to the political, cultural, economic, and security spheres. Among other things, the Declaration proclaims the parties intention to enter an agreement that would commit the United States to provide security assurances to Iraq, arm and train Iraqi security forces, and confront Al Qaeda and other terrorist entities within Iraqi territory. On November 17, 2008, after months of negotiations, U.S. Ambassador to Iraq Ryan Crocker and Iraq Foreign Minister Hoshyar Zebari signed two documents: (1) the Strategic Framework Agreement for a Relationship of Friendship and Cooperation between the United States and the Republic of Iraq, and (2) the Agreement Between the United States of America and Republic of Iraq On the Withdrawal of United States Forces from Iraq and the Organization of Their Activities during Their Temporary Presence in Iraq. The second agreement is commonly referred to as the SOFA between the United States and Iraq and is incorporated by reference into the larger strategic agreement. Congress has several tools by which to exercise oversight regarding negotiation, form, conclusion, and implementation of agreements by the United States. The agreements with Iraq were negotiated and concluded as executive agreements and entered into force on January 1, 2009, and yet there remain many unanswered questions about the specific terms within the SOFA. This report begins by discussing the historical legal framework governing U.S. military operations in Iraq. The report then provides a general background as to the content of agreements traditionally considered Status of Forces Agreements (SOFAs). Finally, the report discusses specific aspects of the SOFA, highlighting issues that may require continued congressional oversight.

Related Legislation:
• H.J.RES.114

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