tent possible, the rights of U.S. personnel who may be subject to criminal trial by foreign courts and imprisonment in foreign prisons.

§ 151.3 Procedures.

(a) Application of Senate Resolution on Status of Forces. It is intended to provide herein, inter alia, for the implementation of the Senate Resolution accompanying the Senate's consent to ratification of the Status of Forces Agreement (§ 151.6). Although the Senate Resolution applies only in countries where the NATO Status of Forces Agreement is currently in effect, the same procedures for safeguarding the interests of U.S. personnel subject to foreign jurisdiction will be applied insofar as practicable in all oversea areas where U.S. forces are regularly stationed.

(b) Orientation of personnel. The Services shall issue uniform regulations establishing an information and education policy for personnel assigned to foreign areas as to the laws and customs of the host country.

(c) Designated commanding officer. Formal invocation of the Senate Resolution procedure shall be the responsibility of a single military commander in each foreign country in which U.S. military forces are regularly stationed (attache personnel and other military personnel serving under the direction of a chief of a diplomatic mission will not be considered U.S. military forces for this purpose), i.e.,

(1) In the geographical areas for which a unified command exists, the commander thereof will designate within each country, the "Commanding Officer” referred to in the Senate Resolution.

(2) In other areas for which a unifled command does not exist, a commanding officer in each country shall be nominated by the military departments whose recommendations shall be forwarded by the Judge Advocate General of the Army to the Secretary of Defense, for implementation through the Office of the Assistant Secretary of Defense (International Security Affairs). In designating the commanding officer to act for all the military departments, consideration should be given to the availability of legal officers and readiness of access to the seat of the foreign government. Such an officer may also be appointed by the military departments for countries where no military forces are regularly stationed.

(d) Country law studies. For each foreign country in which U.S. military forces are subject to the criminal jurisdiction of foreign authorities, the designated commanding officer for such country shall make and maintain a current study of the laws and legal procedures in effect. Studies of the laws of other countries shall be made as directed. This study shall be a general examination of the substantive and procedural criminal law of the foreign country, and shall contain a comparison thereof with the procedural safeguards of a fair trial in the State courts of the United States. Copies of these studies should be forwarded to each of the Judge Advocates General of the Services. Principal emphasis is to be placed on those safeguards which are of such a fundamental nature as to be guaranteed by the Constitution of the United States in all criminal trials in State courts of the United States. (See § 151.7 for enumeration of safeguards deemed particularly important.) These country law studies shall be subject to a continuing review, and whenever in any country there is a significant change in its criminal law, the change shall be forwarded by the designated commanding officer to each of the Service Judge Advocates General.

(e) Waivers of local jurisdictionmilitary personnel. (1) In cases where it appears probable that (1) release of jurisdiction over U.S. military personnel will not be obtained and (ii) that the accused may not obtain a fair trial, the commander exercising general courtmartial jurisdiction over the accused will communicate directly with the designated commanding officer, reporting the full facts of the case and supplying his recommendation.

(2) The designated commanding officer will determine, in the light of legal procedures in effect in that country, whether there is danger that the accused will not receive a fair trial. A trial shall not be deemed unfair solely for the reason that it may not be identical with trials held in the United States. Due regard, however, should be had to those U.S. trial rights listed in § 151.7 which are relevant to the particular facts and circumstances of the trial in question.

(3) If he determines that there is such danger, he will then decide, after consultation with the Chief of the Diplomatic Mission, whether to press a request for waiver of jurisdiction through

diplomatic channels. If he so decides, he shall submit his recommendation through the unified commander, if any, and the Judge Advocate General of the accused's service to the Office of the Secretary of Defense. The objective in each case is to see that U.S. military personnel obtain a fair trial in the receiving state under all the circumstances.

(f) Request to foreign authorities not to exercise their criminal jurisdiction over civilians and dependents. The following procedures shall be observed when it appears that foreign authorities may assume criminal jurisdiction over dependents of U.S. military personnel, civilian personnel and their dependents:

(1) In all cases where the local commander determines after a careful consideration of all the circumstances that he can take suitable corrective action under existing administrative regulations, he may request the local foreign authorities to refrain from exercising their criminal jurisdiction.

(2) In cases where it appears possible that release of jurisdiction will not be obtained and that the accused may not obtain a fair trail, the commander exercising general court-martial jurisdiction over the command in which such personnel are located will communicate directly with the designated commanding officer, reporting the full facts of the case and supplying his recommendation.

(3) The designated commanding officer will then determine, in the light of legal procedures in effect in that country, whether there is danger that the accused will not receive a fair trial.

(4) If he determines that there is such danger, he will then decide, after consultation with the Chief of the Diplomatic Mission, whether a request should be submitted through diplomatic channels to foreign authorities seeking their assurances of a fair trial for the accused or, in appropriate circumstances, that they forego their right to exercise jurisdiction over the accused. If he so decides, he shall submit his recommendation through the unified commander, if any, and the Judge Advocate General of the Service concerned to the Office of the Secretary of Defense.

(g) Trial observers and trial observer reports. (1) The designated commanding officer shall submit to the Chief of Diplomatic Mission a list of persons qualified to serve as U.S. observers at trials before courts of the receiving state.

Nominees will be lawyers, and shall be selected for maturity of judgment. The list will include, where possible, representatives of all Services whose personnel are stationed in that country, to enable the Chief of Diplomatic Mission to appoint an observer from the same Service as the accused. The requirement that nominees will be lawyers may be waived in cases of minor offenses. Incidents which result in serious personal injury or extensive property damage, or which would normally result in sentences to confinement, whether or not suspended, will not be considered minor offenses.

(2) Trial observers shall attend and shall prepare formal reports in all cases. of trials of U.S. personnel by foreign courts or tribunals except minor offenses. In cases of minor offenses, the observer shall attend the trial, if any, at the discretion of the designated commanding officer, but shall not be required to make a formal report. These reports need not be classified, but shall be treated as documents "For Official Use Only," and shall be forwarded intact to the designated commanding officer through such agencies as the designated commanding officer may prescribe, for transmission to the Judge Advocate General of the accused's service with the comments, if any, of the appropriate Service commander. These reports will be forwarded immediately upon the completion of the trial in the lower court, and will not be delayed because of the possibility of a new trial, rehearing, or appeal, reports of which will be forwarded in the same manner. Copies shall also be forwarded to the unified commander, if any, and to the Chief of Diplomatic Mission.

(3) The Trial Observer Report shall contain a factual description or summary of the trial proceedings. It should be prepared keeping in mind that its main purpose is to permit an informed judgment to be made regarding (i) whether there was any failure to comply with the procedural safeguards secured by a pertinent status of forces agreement, and (ii) whether the accused received a fair trial under all the circumstances. The report shall specify the conclusions of the Trial Observer with respect to subdivision (1) of this subparagraph, and shall state in detail the basis for his conclusions. Unless the designated commanding officer directs otherwise, the report shall not contain conclusions with re

spect to subdivision (ii) of this supbaragraph.

(4) The designated commanding officer, upon receipt of a Trial Observer Report, shall have the responsibility for determining (i) whether there was any failure to comply with the procedural safeguards secured by the pertinent status of forces agreement, and (ii) whether the accused received a fair trial under all the circumstances. Due regard should be had to those fair trial rights listed in $151.7 which are relevant to the particular facts and circumstances of the trial in question. However, a trial shall not be deemed unfair for the sole reason that the conduct thereof was not identical with trials held in the United States. If the designated commanding officer is of the opinion that the procedural safeguards specified in pertinent agreements were denied or that the trial was otherwise unjust, he shall submit to the Office of the Secretary of Defense, through the unified commander and the Judge Advocate General of the Service concerned, his recommendations as to appropriate action to rectify the trial deficiencies and otherwise to protect the rights or interests of the accused. This shall include a statement of efforts taken or to be taken at the local level to protect the rights of the accused. An information copy of the recommendation of the designated commanding officer shall be forwarded by him to the diplomatic or consular mission in the country concerned.

(h) Counsel fees and related assistance. When the Secretary of the Department concerned or his designee deems such action to be in the best interests of the United States, representation by civilian counsel, and other assistance described in 10 U.S.C. 1037, may be furnished at Government expense to U.S. personnel tried in foreign countries.

(i) Treatment of U.S. personnel confined in foreign penal institutions. (1) Insofar as practicable and subject to the laws and regulations of the country concerned and the provisions of any agreement therewith, the Department of Defense seeks to assure that U.S. military personnel (i) when in the custody of foreign authorities are fairly treated at all times and (ii) when confined (pretrial and posttrial) in foreign penal institutions are accorded the treatment and are - entitled to all the rights, privileges and protections of personnel confined in U.S. military facilities. Such rights, privileges and protections are nunciated in

present Service directives and regulations, and include, but are not limited to, legal assistance, visitation, medical attention, food, bedding, clothing, and other health and comfort supplies.

(2) In consonance with this policy, U.S. military personnel confined in foreign penal institutions shall be visited at least every 30 days, at which time the conditions of confinement as well as other matters relating to their health and welfare will be observed. The Services will maintain on a current basis records of these visits as reported by their respective commands. Records of each visit should contain the following information:

(i) Names of personnel conducting visit and date of visit.

(ii) Name of each prisoner visited, serial number, and sentence for which he is serving imprisonment.

(iii) Name and location of prison.

(iv) Treatment of the individual prisoner by prison warden and other personnel (include a short description of the rehabilitation program, if any, as applied to the prisoner).

(v) Conditions existing in the prison, 1.e., light, heat, sanitation, food, recreation, religious activities.

(vi) Change in status of prisoner, conditions of confinement or transfer to another institution.

(vii) Condition of prisoner, physical and mental.

(viii) Assistance given to prisoner, i.e., legal, medical, food, bedding, clothing, and health and comfort supplies.

(ix) Action taken to have any deflciencies corrected, either by the local commander or through diplomatic or consular mission.

(x) Designation of command responsible for prisoner's welfare and reporting of visits.

(xi) Information as to discharge of a prisoner from the service or termination of confinement.

(3) Should it not be practicable for the individual's commanding officer or his representative to make visits, the designated commanding officer should be requested to arrange that another unit be responsible for such visits or to request that the appropriate diplomatic or consular mission assume responsibility therefor. Whenever necessary, a medical officer should participate in the visits and record the results of his examination. If reasonable requests for permission to visit U.S. military personnel are arbi