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HEADQUARTERS Resolute Support Kabul, Afghanistan

APO AE 09356

BSA/SOFA Implementation FAQs Produced by RS LEGAD/USFOR-A SJA

(Publication Date: 14 May 2015)

General Information

NOTE: The U.S. ? Afghanistan Security and Defense Cooperation Agreement, also known as the Bilateral Security Agreement (BSA) entered into force on 1 January 2015, alongside the NATO ? Afghanistan Status of Forces Agreement (SOFA). Until 1 June 2015, the Afghan Government, through a Presidential Decree, has instituted a transition period allowing for phased application of Afghan law to BSA/SOFA contractors and contractor employees regarding entry/exit requirements (visas) and contractor-provided air services, as set forth in this fact sheet. The Presidential Decree also provides relief without time limit in a number of areas such as work permits, business licenses, and weapons permits. Any definitions contained in the BSA/SOFA and SOFA apply to the terms used in this fact sheet. This fact sheet only applies to BSA/SOFA contractors and the non-Afghan employees working under those contracts or subcontracts. It does not apply to other companies, nor does it apply to non-Afghan employees working under other contracts or subcontracts.

We recognize that some of the requirements for obtaining AISA business licenses may be onerous, especially on certain small subcontractors with 20 or fewer employees. Such smaller subcontractors may wish to coordinate with their prime contractors so that they are covered by their prime contractor's AISA business license.

The answers reflect our best, most up-to-date understanding of the facts at the time of publication. Information and answers are subject to change at any time and without notice.

A GREAT DEAL OF THE INFORMATION DISCUSSED HEREIN IS BASED UPON CURRENT AFGHAN REGULATIONS AND PROCEDURES. AFGHAN PROCEDURES ARE SUBJECT TO CHANGE WITHOUT NOTICE TO OR CONSULTATION WITH US/NATO FORCES. WE WILL PASS ALONG CHANGES AS APPROPRIATE.

NOTICE ? ***This document is for informational purposes only. Contractors and contractor employees are urged to seek independent advice from appropriate professionals (attorneys, accountants, business experts, etc.) on all subjects relevant to the topics discussed in this document. This document does not constitute legal advice or opinion of any kind. No lawyer-client, advisory, fiduciary or other relationship is created. The U.S. government will not be liable for any damages, losses or causes of action of any nature arising from any use of this document or of the answers contained herein.***

Table of Contents

Entry/Exit & Visas.......................................................................................................................................... 2 Obtaining a Visa Inside of Afghanistan ..................................................................................................... 3 Obtaining a Visa Outside Afghanistan ...................................................................................................... 4

Business & Professional Licensing ................................................................................................................ 8 Obtaining an AISA Business License.......................................................................................................... 9

Taxation....................................................................................................................................................... 12 Weapons Permits........................................................................................................................................ 13 Importation & Exportation.......................................................................................................................... 14 Wearing of Uniforms................................................................................................................................... 15 Jurisdiction .................................................................................................................................................. 16 General Points of Contact ........................................................................................................................... 16

Entry/Exit & Visas

1. Are contractors required to have visas?

As of 1 June 2015, contractors in support of U.S. or NATO missions in Afghanistan are required to have a visa. Multi-entry one year visas (MEV) are available utilizing expedited procedures as provided in the BSA and SOFA.

Contractors are strongly encouraged to apply for MEV visas now for their employees. Contractor employees located outside of Afghanistan are encouraged to apply at their nearest Afghan embassy or consulate before departing for Afghanistan. In the United States the Afghan embassy is located in Washington D.C. and consulates are located in New York, NY and Los Angeles, CA. Contractors may wish to apply in New York or Los Angeles as the Washington Embassy is currently experiencing processing delays and complications.

Contractors present in Afghanistan are encouraged to apply for their MEV visa at the MOI Passport Office in Kabul. They may also apply for a visa at an Afghan embassy or consulate.

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THIS IS PRODUCED BY RS LEGAD/USFOR-A SJA AND IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THIS DOES NOT CONSTITUTE LEGAL ADVICE OR CREATE A RELATIONSHIP BETWEEN NATO RS LEGAD/USFOR-A AND

THE READER.

A work permit is not a requirement for a MEV. Contractors arriving after 1 January 2015 and departing before 1 June 2015 are required to have (1) a valid passport and (2) a U.S. issued certificate indicating that they are a U.S. contractor or contractor employee. The certificate can be obtained at any RS or USFOR-A legal office.

Contractors and their employees will not be subject to financial penalties or judicial prosecution for lack of a visa from 1 January 2015 until 1 June 2015. Those present in Afghanistan after 1 June 2015 without a visa may be subject to fines.

2. How do I apply for my MEV?

Contractors may submit group applications (i.e., bundled applications to be submitted in bulk) for visas, on behalf of their employees. Employees may also apply individually.

Obtaining a Visa Inside of Afghanistan Processed through the Ministry of Interior Affairs, Passport Office

The following documents constitute a complete visa application:

a. Copy of the contractor company's AISA business license

b. Official letter from a senior representative of the contractor which (1) provides a list of the contractor's employees who are applying for visas and (2) the name of the representative who will drop off and pick up the passports;

c. Original passport;

d. Visa application form (no notary, but stamp each page of the application package with a company stamp);

e. One 4 x 5 cm photo;

f. Da Afghanistan Bank Tariff receipt ($3601 visa processing fee for a one-year, multiple entry visa and $200 visa fee for first-time visa applicants);

g. Verification the contractor and its employees are entitled to BSA/SOFA privileges:

1 This is the price for a US, the fee may vary for other nationalities and in other locations

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THIS IS PRODUCED BY RS LEGAD/USFOR-A SJA AND IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THIS DOES NOT CONSTITUTE LEGAL ADVICE OR CREATE A RELATIONSHIP BETWEEN NATO RS LEGAD/USFOR-A AND

THE READER.

1. For U.S. Contractors: Submit a DoD-issued Letter of Authorization (LOA) for each employee applying for a visa. Letters of Authorization are generated by the DoD SPOT system. The company name should match the AISA business license.

2. For NATO Contractors under the NATO Support Procurement Agency (NSPA) or the NATO Communications and Information Agency (NCIA): Submit a NATO Letter of Affiliation (LOA) for each employee applying for a visa. The company name should match the AISA business license.

3. For Other NATO Contractors Not Listed Above: U.S./NATO Contractors may submit a contractor certificate for each employee applying for a visa, issued by the Resolute Support Legal Advisor/U.S. Forces - Afghanistan Staff Judge Advocate office in Kabul.

h. NOT REQUIRED BUT RECOMMENDED ? If using an expediter, a letter of introduction from the company to MOI introducing the expediter and their couriers.

Obtaining a Visa Outside Afghanistan Processed through the Ministry of Foreign Affairs

The following documents constitute a complete visa application:

a. Sent to the Ministry of Foreign Affairs via visa.consular.mfa@:

1. Official letter from a senior representative of the contractor which provides: i. List of the contractor's employees who are applying for visas, including their (1) first name, (2) surname, (3) country of citizenship, and (4) passport number; and ii. Name of representative who collect applicants' passports in order to provide original passports to the embassy/consulate;

b. Brought by the contractor employee of the contracting company's representative to the Afghan embassy/consulate outside Afghanistan:

1. Original passport with at least six months' validity remaining; 2. Visa application form (notarized) 3. One 4 x 5 cm photo; 4. $360 standard visa processing fee for a one-year, multiple entry visa (fee

differs if not applying in US) and additional $200 visa fee for first-time visa applicants.

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THIS IS PRODUCED BY RS LEGAD/USFOR-A SJA AND IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THIS DOES NOT CONSTITUTE LEGAL ADVICE OR CREATE A RELATIONSHIP BETWEEN NATO RS LEGAD/USFOR-A AND

THE READER.

Afghan Diplomatic Missions in the US are located in Washington D.C., New York, NY, and Los Angeles, CA

Worldwide Afghan Diplomatic Missions can be reviewed at:

The English-language Afghan Visa Application Form is available in PDF format at (English).pdf.

3. Are there commercial service providers able to assist in visa processing?

We are aware of a number of commercial providers for visa processing that we do not have any adverse information about. WE CANNOT AND DO NOT RECOMMEND OR ENDORSE ANY COMPANY.

Reputable Intermediaries

Afghanistan Holding Group Sanzar Kakar, Chairman +93 079-914-5229 sanzar.kakar@ahg.af

Afghanistan Legal Services Asiyah Sharifi, Esq., Managing Partner +93 072-911-1012 asiyah.sharifi@als.af

The Diplomat Group LLC Francis Wauchope, Director Government & Defense +97 146-018-999 fwauchope@

Afghan Compound Support Services Mary Jane Mallorca +93 079-850-0025

Afghanistan Lawyers International Zmarak Zhouand +93 079-166-9999 lawyers.af

Afghan Visa Expedition and Licensing: Parwan Sabz Travel & Tours Mohammad Rafi, Managing Director +93 078-222-3336; +93 070-476-7616 traveltourp@

Parks Global Solutions LLC Gerald Parks, President +97 155-774-9932 gerald.parks@parks-

Rosenstock Legal Services Domenic Senger-Schenck, Esq. +93 078-468-2188 domenic@

Kechken Consultancy Services Abdul Bashir, President +93 078-145-7600 kechken.consultancy@

Innovative Logistics Charlene Bolton, Finance Manager +93 079-342-4610 cbolton@

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THIS IS PRODUCED BY RS LEGAD/USFOR-A SJA AND IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THIS DOES NOT CONSTITUTE LEGAL ADVICE OR CREATE A RELATIONSHIP BETWEEN NATO RS LEGAD/USFOR-A AND

THE READER.

4. Can U.S. and NATO contractor employees already in Afghanistan obtain a visa?

Yes. Apply through the Ministry of Interior Passport Office. See page 3.

a. Do contractor employees already in the country have to leave the country before obtaining a visa or renewing a visa?

No. Contractor employees should apply for a visa, through their employer, at the Passport/Visa Office of the Ministry of the Interior.

b. Do contractor employees already in the country need to apply for visas individually? Do they need to apply in person?

No, consistent with current Afghan government practices, contractors may submit block or group applications in bulk to the MOI Passport Office in Afghanistan on behalf of their employees already in the country, with no personal appearance required by each of the employees. Only the company representative submitting the applications needs to appear personally. The company representative can be a commercial service provider.

c. Are contractor employees already in the country required to have work permits prior to obtaining or renewing a visa?

Per Presidential Decree #38, the BSA, and the SOFA, contractors and their employees are not required to obtain work permits in order to perform their duties.

6. Are BSA/SOFA contractor employees already in Afghanistan subject to any fines or penalties stemming from the lack of, or the expiration of, a visa before 1 June 2015?

No. During the transitional period (which ends 1 June 2015), BSA/SOFA contractors and contractor employees shall not be subject to fines, penalties or punishments based upon the lack of a visa. Those who do not have a visa after 1 June 2015 may be subject to penalties under Afghan law.

RS LEGAD will recommend to GIRoA that those who complete the application process, including payment, prior to the deadline should not be penalized if the visa is not issued prior to 1 June 2015. Afghanistan is a sovereign nation, and may choose not to follow this recommendation.

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THIS IS PRODUCED BY RS LEGAD/USFOR-A SJA AND IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THIS DOES NOT CONSTITUTE LEGAL ADVICE OR CREATE A RELATIONSHIP BETWEEN NATO RS LEGAD/USFOR-A AND

THE READER.

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