Federal Depository

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Federal Assembly of the Russian Federation​

TREATY DOC. 004-04-24

TREATY RATIFICATION

APRIL 2004

Procedural History & Background Information​ The Status of Armed Forces Agreement - Syria, (SOFA), is between the nations of the Russian Federation (also referred to as Russia or the Russian Government) and the Islamic Republic of Syria (also referred to as Syria or the Syrian Government). The agreement provides for Russian military presence in Syria. The document details the terms of Russian military operations, security measures, legal jurisdiction, utilities, and special privileges. The Russian Minister of Foreign Affairs, Lucie Albrecht, reached out to Syria, expressing a desire to strengthen bilateral relations and support Syria amidst its challenges. The Minister proposed deploying combat advisors, and special forces, and are ready to support Syria's fight against terrorism and sectarian violence. The Syrian Minister of Foreign Affairs, Abdul al-Baghdadi, responded positively, acknowledging the historical alliance between the two nations and expressing a need for immediate assistance. Syria has requested ground troops, air support, and additional military supplies to combat Islamic militants and stabilize the situation. They have also agreed to host Russian forces and expressed hope for a long-lasting partnership. Syria has signed and returned the Status of Forces Agreement, indicating approval for the Russian military presence and assistance. They highlighted the urgency of the situation and the potential threat from militants in Damascus. The President of Russia, in consultation with the Ministry of Foreign Affairs and other relevant governmental departments, proposed a Status of Forces Agreement (SOFA) between the Governments of Russia and Syria. Following diplomatic consultations with the Syrian Government, the ongoing civil conflict demonstrated the important need for Russian Ground Personnel to be deployed to Syria. Prime Minister Kuzmina approved the proposed SOFA following a review by the State Council of the Russian government. This review was managed by the Ministry of Foreign Affairs and the Ministry of National Defense. Following diplomatic consultations, Syria agreed to the terms of the SOFA. The State Duma approved the SOFA following a closed session allowing the SOFA to be sent to the Federation Council for review and approval. The SOFA received the full support of the Federation Council and President Boris Nemtsov approved the Agreement subsequently. President Saleem al-Assad of Syria signed on behalf of his Government and formalized the treaty in accordance with Syria's Constitutional Process.

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FACILITIES AND AREAS AND THE STATUS OF THE ARMED FORCES
OF THE RUSSIAN FEDERATION IN THE SYRIAN ISLAMIC REPUBLIC​

FACILITIES AND AREAS AND THE STATUS OF THE ARMED FORCES OF THE RUSSIAN FEDERATION IN THE SYRIAN ISLAMIC REPUBLIC

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FACILITIES AND AREAS AND THE STATUS OF THE ARMED FORCES OF THE RUSSIAN FEDERATION IN THE SYRIAN ISLAMIC REPUBLIC​

Whereas the Russian Federation has disposed its armed forces in and about the territory of the Islamic Republic of Syria upon the invitation for the purposes of the Situation in Russia; the Russian Federation and the Islamic Republic of Syria (hereinafter referred to as “the Parties”), in order to strengthen the close bonds of mutual interest between their two countries, have entered into this Agreement regarding facilities and areas and the status of the Armed Forces of the Russian Federation in the Islamic Republic of Syria in terms as set forth below:

In this Agreement the expression:

1. “members of the Armed Forces of the Russian Federation" means the personnel on active duty belonging to the land, sea, or air armed services of the Russian Federation when in the territory of the Islamic Republic of Syria except for personnel of the Armed Forces of the Russian Federation attached to the Russian Embassy
2. "civilian component" means the civilian persons of Russian nationality who are in the employ of, serving with, or accompanying the Armed Forces of the Russian Federation in the Islamic Republic of Syria, but excludes persons who are ordinarily resident in the Islamic Republic of Syria or dual-nationals,
   1. Dual nationals shall mean persons having the nationality of both the Russian Federation and the Islamic Republic of Syria,
   2. person(s) who are brought into the Islamic Republic of Syria by the Russian Federation shall be considered Russian nationals for the purposes of this agreement;
   3. "dependents" means
      1. spouse and children under 21;
      2. parents, children over 21, or other relatives dependent for over half their support upon a member of the Armed Forces of the Russian Federation or civilian component.

Article I​

Grant and Return​

1. The Russian Federation is granted the use of facilities and areas in the Islamic Republic of Syria. “Facilities and areas” include existing furnishings, equipment, and fixtures, wherever located, used in the operation and such facilities and areas.
   1. The facilities provided for at the Khmeimim Air Base and Tartus Syrian Naval Base shall be open and when available shall be open to the use of the Russian Federation servicemembers for replenishment and supporting their military operations in the Eastern Mediterranean.
   2. The facilities provided for at the Khmeimim Air Base and Tartus Syrian Naval Base shall be open and when available shall be open to the use of the Russian Federation servicemembers for operations in support of Syria
2. The facilities and areas used by the Russian Federation shall be returned to the Islamic Republic of Syria under such conditions as received whenever they are no longer needed for the purposes of this Agreement and the Russian Federation agrees to keep the needs for facilities under continual observation with a view toward such return.

Article II​

Security Measures​

1. Within the facilities and areas, the Russian Federation may take all the measures necessary for their establishment, operation, safeguarding, and control. In order to provide access for the Armed Forces of the Russian Federation to the facilities and areas for their support, safeguarding, and control, the Islamic Republic of Syria shall take necessary measures, within the scope of applicable laws and regulations, with respect to land, territorial waters and airspace adjacent to, or in the vicinities of the facilities and areas. The Russian Federation may also take necessary measures for such purposes upon consultation between the Parties.
   1. The Russian Federation shall provide for auxiliary air traffic control and defense in and around the Air Base while primary control and defense rests with the Islamic Republic of Syria. Security in the base shall be the joint responsibility of the Islamic Republic of Syria and the Russian Federation, with the primacy of the Russian commandant’s authority wherein there is concern for threat or harm against personnel and assets of the Armed Forces of the Russian Federation stationed at Busan Naval Base.
   2. The Russian Federation, upon request, shall provide for additional defense equipment, upon the request in and around the territorial borders of the Islamic Republic of Syria.
2. The Parties will cooperate in taking such steps as may from time to time be necessary to ensure the security of the Armed Forces of the Russian Federation, the members of, civilian components, and the persons who are present in the Islamic Republic of Syria pursuant to all existing agreements and the property thereof.
3. The Government of the Islamic Republic of Syria agrees to seek such legislation and to take such action as deemed to be necessary to ensure adequate security and protection within its territory of installations, equipment, property, records, and official information of the Russian Federation to ensure the punishment of offenders under the applicable laws of the Islamic Republic of Syria.

Article III​

Respect for Local Law and Criminal Jurisdiction​

1. It is the duty of members of the Armed Forces of the Russian Federation to respect the law of the Islamic Republic of Syria and to abstain from any activity inconsistent with the spirit of this Agreement and from any political activity in the Islamic Republic of Syria.
   1. The military authorities of the Russian Federation shall have the right to exercise within the Islamic Republic of Syria all criminal and disciplinary jurisdiction conferred on them by the law of the Russian Federation over members of the Armed Forces of the Russian Federation or civilian components thereof;
   2. The authorities of the Islamic Republic of Syria shall have jurisdiction over the members of the Armed Forces of the Russian Federation or civilian components thereof with respect to offenses committed within the territory of the Islamic Republic of Syria wherein the offense committed was not done within the official scope of their duties as determined by the Russian Government
   3. The military authorities of the Russian Federation shall have the right to exercise exclusive jurisdiction over members of the armed forces of civilian components with respect to offenses, including offenses related to its security, punishable by the law of the Russian Federation, but not by the law of the Islamic Republic of Syria.
2. In cases where the right to exercise jurisdiction is concurrent, the following rules shall apply:
   1. The military authorities of the Russian Federation shall have the primary right to exercise jurisdiction over members of the Armed Forces of the Russian Federation and civilian components when offenses solely against the property or security of the Russian Federation or offenses solely against the person or property of another member of the Armed Forces of the Russian Federation or act or omission done in the performance of official duties.
   2. If the respective Party chooses not to exercise their primary jurisdiction, it shall not preclude the other from action but shall give sympathetic consideration to a request from the authorities of the other for a waiver of its rights in cases of particular importance.

Article IV​

Utilities and Services​

1. The Armed Forces of the Russian Federation shall have the use of all utilities and services which are owned, controlled or regulated by the Government of the Islamic Republic of Syria or local administrative subdivisions thereof in the Busan Naval Base. The term "utilities and services" shall include, but not be limited to, transportation and communications facilities and systems, electricity, -gas, water, steam, heat, light, power, and sewage disposal. The use of utilities and services as provided herein shall not prejudice the right of the Russian Federation to operate military transportation, communication power and such other utilities and services deemed necessary for the operations of the Armed Forces of the Russian Federation. This right shall not be exercised in a manner inconsistent with the operation by the Government of the Islamic Republic of Syria of its utilities and services.
2. The use of such utilities and services by the Russian Federation shall be in accordance with priorities, conditions, and rates or tariffs no less favorable than those accorded any other user.

Article V​

Special Privileges​

1. Save as provided in this Agreement, members of the Armed Forces of the Russian Federation, the civilian component, and their dependents shall be subject to the laws and regulations administered by the customs authorities of the Islamic Republic of Syria when conducting business outside of their assigned positions but shall be given special privileges for all acts and activities done within their official capacity.
2. All materials, supplies, and equipment imported by the Armed Forces of the Russian Federation (including their authorized procurement agencies, for the official use of the Armed Forces of the Russian Federation or for the use of the members of the Armed Forces of the Russian Federation, the civilian component, and their dependents, and materials, supplies and equipment which are to be used exclusively by the Armed Forces of the Russian Federation or are ultimately to be incorporated into articles or facilities used by such forces, shall be permitted entry into the Islamic Republic of Syria; such entry shall be free from customs duties and other such charges.
   1. Appropriate certification shall be made that such materials, supplies, and equipment are being imported by the Armed Forces of the Russian Federation (including their authorized procurement agencies), or, in the case of materials, supplies, and equipment to be used exclusively by the Armed Forces of the Russian Federation or ultimately to be incorporated into articles or facilities used by such forces, that delivery thereof is to be taken by the Armed Forces of the Russian Federation for the purposes specified above.
   2. The exemptions provided in this paragraph shall extend to materials, supplies, and equipment imported by the Armed Forces of the Russian Federation for the use of other armed forces in the Islamic Republic of Syria under the Unified Command which receive logistical support from the Armed Forces of the Russian Federation.
3. Property consigned to and for the personal use of members of the Armed Forces of the Russian Federation, the civilian component, and their dependents, shall be subject to customs duties and other such charges, except that no duties or charges shall be paid with respect to:
   1. furniture, household goods, and personal effects for their private use imported by the members of the Armed Forces of the Russian Federation or civilian component when they first arrive to serve in the Islamic Republic of Syria or by their dependents when they first arrive for reunion with members of such forces or civilian component:
   2. vehicles and parts imported by members of the Armed Forces of the Russian Federation or civilian component for the private use of themselves or their dependent;
   3. reasonable quantities of personal effects and household goods of a type that would ordinarily be purchased in the Russian Federation for the private use of members of the Armed Forces of the Russian Federation, civilian components, and their dependents, which are mailed to the Islamic Republic of Syria through Russian Federation military post offices.
4. The exemptions granted in paragraphs 2 and 3 shall apply only to cases of importation of goods and shall not be interpreted as refunding customs duties and domestic excises collected by the customs authorities at the time of entry in cases of purchase of goods on which such duties and excises have already been collected.
5. Customs examination shall not be made in the following cases:
   1. members of the Armed Forces of the Russian Federation under orders, other than leave orders, entering or leaving the Islamic Republic of Syria:
   2. official documents under official seal and First Class letter mail in the Russian Federation military postal channels under the official postal seal:
   3. military cargo consigned to the Armed Forces of the Russian Federation.
6. Except as such disposal may be authorized by the authorities of the Russian Federation in accordance with mutually agreed conditions, goods imported into the Islamic Republic of Syria free of duty shall not be disposed of in the Islamic Republic of Syria to persons not entitled to import such goods free of duty.
7. The Armed Forces of the Russian Federation, in cooperation with the authorities of the Islamic Republic of Syria, shall take such steps as are necessary to prevent the abuse of privileges granted to the Armed Forces of the Russian Federation, members of such forces, the civilian component, and their dependents in accordance with this Article.
8. In order to prevent offenses against laws and regulations administered by the customs authorities of the Government of the Islamic Republic of Syria, the authorities of the Islamic Republic of Syria and the Armed Forces of the Russian Federation shall assist each other in the conduct of inquiries and the collection of evidence.
   1. The Armed Forces of the Russian Federation shall render all assistance within their power to ensure that articles liable to seizure by, or on behalf of, the customs authorities of the Government of the Islamic Republic of Syria are handed over to those authorities.
9. The authorities of the Armed Forces of the Russian Federation shall provide all practicable assistance to the customs officials dispatched to military-controlled piers and airports for the purpose of customs inspection.
10. The Russian Federation when providing material items for the comfort of its personnel from amenities not to be resold inside the Islamic Republic of Syria shall be given tariff exemptions and pay a flat fee for importation of said amenities.
    1. The flat fee may not be constructed by authorities of the Islamic Republic of Syria to match or replace the waived tariff fee and instead shall be
11. The Russian Federation shall be given the right to construct in its portion of the base special facilities not accessible to Syrian citizens and shall be covered exclusively by the Russian Federation Government.
    1. The construction of the facilities and amenities shall be done in consultation with the Authorities of Busan, the Syrian Commanding Officer of the Base, and the Syrian Ministry of National Defense.
    2. The importation of materials for the facilities and amenities will be tax-exempt and not subject to any labor requirements of the Syrian Government.
12. Russian Federation and foreign vessels and aircraft operated by, for, or under the control of the Russian Federation for official purposes shall be accorded access to any port or airport of the Islamic Republic of Syria free from toll or landing charges. When cargo or passengers not accorded the exemptions of this Agreement are carried on such vessels and aircraft, notification shall be given to the appropriate authorities of the Islamic Republic of Syria, and the entry into and departure from the Islamic Republic of Syria of such cargo and passengers shall be according to the laws and regulations of the Islamic Republic of Syria.
13. The Armed Forces of the Russian Federation shall not be subject to taxes or similar charges on property held, used, or transferred by such forces in the Islamic Republic of Syria.
14. 2. Members of the Armed Forces of the Russian Federation, the civilian component, and their dependents shall not be liable to pay any Syrian taxes to the Government of the Islamic Republic of Syria or to any other taxing agency in the Islamic Republic of Syria on income received as a result of their service with or employment by the Armed Forces of the Russian Federation, including the organizations provided for in Article XIII. Persons in the Islamic Republic of Syria solely by reason of being members of the Armed Forces of the Russian Federation, the civilian component, or their dependents shall not be liable to pay any Syrian taxes to the Government of the Islamic Republic of Syria or to any taxing agency in the Islamic Republic of Syria on income derived from sources outside of the Islamic Republic of Syria, nor shall periods during which such persons are in the Islamic Republic of Syria be considered as periods of residence or domicile in the Islamic Republic of Syria for the purpose of Syrian taxation. The provisions of this Article do not exempt such persons from payment of Syrian taxes on income derived from Syrian sources, other than those sources referred to in the first sentence of this paragraph, nor do they exempt Russian Federation citizens who claim residence in the Islamic Republic of Syria for Russian Federation income tax purposes from payment of Syrian taxes on income.
15. Members of the Armed Forces of the Russian Federation, the civilian component, and their dependents shall be exempt from taxation in the Islamic Republic of Syria on the holding, use, transfer inter se, or transfer by death of movable property, tangible or intangible, the presence of which in the Islamic Republic of Syria is due solely to the temporary presence of these persons in the Islamic Republic of Syria, provided that such exemption shall not apply to property held for the purpose of investment or the conduct of business in the Islamic Republic of Syria or to any intangible property registered in the Islamic Republic of Syria.

Article VI​

Entry and Exit​

1. The Russian Federation may bring into the Islamic Republic of Syria who are members of the Armed Forces of the Russian Federation subject to the provisions of this Article. The Islamic Republic of Syria will be notified at regular intervals of the numbers and categories of persons entering and departing.
   1. The members of the Armed Forces of the Russian Federation entering the Islamic Republic of Syria will be issued M1 visas relevant to their visa status and ability to move within the Islamic Republic of Syria
   2. Members of the Armed Forces of the Russian Federation shall be exempt from fees, processing, and other aspects of passport and visa laws and regulations of the Islamic Republic of Syria contingent on relevant actions taken by the Russian Federation Government and Combined Forces Command.
2. Upon entry into or departure from the Islamic Republic of Syria members of the Armed Forces of the Russian Federation shall be in possession of the following documents which must be presented upon the direct request of the appropriate qualified authority of the Islamic Republic of Syria:
   1. personal identity card showing name, date of birth, rank, service number, and photograph; and
   2. individual travel authorization certifying the status of the individual as a member of the Armed Forces of the Russian Federation.
3. Visiting dependents of members of the Armed Forces of the Russian Federation will be subject to special travel privileges in place between the Parties and will be eligible for M1(2) visas allowing them entry into Syria for the sole purposes of dependent visits.

Article VII​

Entry into Force and Duration of Agreement​

1. This agreement shall enter into force immediately upon the signature of the respective authority of the Parties in accordance with its legal procedures.
2. This agreement shall remain in force to the extent that the Parties agree to continue joint exercise, combat terrorism, and assist each other.
3. Wherein there shall be any dispute, the terms of this agreement shall be settled by abitration by both partied.

Done in duplicate in both Russian and Arabic. Both texts shall have equal authenticity. Done in Moscow this April day of 21, 2004.

For the Russian Federation
Boris Nemtsov
President of the Russian Federation
For the Islamic Republic of Syria
Saleem al-Assad
President of the Islamic Republic of Syria

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We confirm that the Federal Assembly has granted its consent to this treaty.

For The Federation Council,

Tatiana Sakharova
Chairwoman of the Federation Council
For The State Duma,

Dmitriy Andreevich
Chairman of the State Duma