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http://www.e-publishing.af.mil/pubfi...7/afpd51-7.pdf

AIR FORCE POLICY DIRECTIVE 51-7
19 JANUARY 2001
Law
INTERNATIONAL LAW
OPR: HQ USAF/JAI (Mr. Richard J. Erickson) Certified by: HQ USAF/JA
(Col. Thomas S. M. Tudor)
Supersedes AFPD 51-7, 1 October 1995. Pages: 7
Distribution: F
This directive specifies polices which govern how Air Force operations comply with international law.
This directive establishes policy for implementing DoD Directive 2000.11, Procedures for Handling
Requests for Political Asylum and Temporary Refuge, DoD Directive 5100.64, DoD Foreign Tax Relief
Program, DoD Directive 5132.3, DoD Policies and Responsibilities Relating to Security Assistance, DoD
Directive 5525.1, Status of Forces Policies and Information, DoD Directive 5525.3, Jurisdiction of Service
Courts of Friendly Foreign Forces in the United States, and DoD Directive 5530.3, International
Agreements. This directive applies to all activities in the Department of the Air Force.
SUMMARY OF REVISIONS
This policy directive revises the publication of AFPD 51-7, 1 October 1995, by clarifying Section A, adding
Section F, Security Assistance, and by updating citations to referenced material.
Section A?Negotiating, Concluding, Reporting, and Maintaining International Agreements
1. Air Force operations often cross national boundaries and therefore must comply with international law
while protecting and defending US Air Force interests and people. See attachment 2 for compliance
measure for this policy.
2. Air Force personnel, or those serving with the Air Force, may initiate, negotiate, and conclude international
agreements only in accordance with DoD Directive 5530.3, International Agreements, June 11,
1987, incorporating Change 1, February 18, 1991, and AFI 51-701, Negotiating, Concluding, Reporting
and Maintaining International Agreements, 6 May 1994.
3. Following are responsibilities and authorities:
3.1. Each Air Force organizational element that concludes an international agreement will submit
copies to the Department of State (DOS), DoD General Counsel (DoD/GC), SAF/GC, and HQ USAF/
2 AFPD51-7 19 JANUARY 2001
JA. Original or certified copies of agreements must arrive at DOS within 20 calendar days after the
date they are signed.
3.2. Air Force personnel will try informally to settle questions about a party?s compliance with the
terms of an international agreement. They will forward unresolved questions to SAF/GCI, with a
copy to HQ USAF/JAI.
4. This section implements DoD Directive 5530.3 and the Case-Zablocki Act, Title 1, United States Code
(USC), Section 112b.
5. Related instructions are in AFI 51-701.
Section B?Foreign Tax Relief
6. The Air Force will obtain, to the maximum extent practicable, effective relief from foreign taxes whenever
the ultimate economic burden of those taxes will be paid with funds appropriated or available to the
Air Force. Such funds may include appropriations for military assistance or money controlled by
non-appropriated fund activities.
7. The following responsibilities and authorities are established:
7.1. As the cognizant office for foreign tax matters, HQ USAF/JA will supervise and monitor the Air
Force?s program for foreign tax relief. HQ USAF/JA will submit foreign tax matters of major importance
to SAF/GC for action.
7.2. Designated Commanding Officers (DCO) will handle tax matters in each foreign country where
the Air Force spends money for the common defense of that country.
7.3. In countries where the commander of an Air Force unit or organization is not the DCO for tax
matters, the appropriate Air Force overseas major command (MAJCOM) commander will appoint an
Air Force Liaison Officer for Tax Matters.
8. This section implements DoD Directive 5100.64, DoD Foreign Tax Relief Program, June 12, 1979.
9. Related instructions are in AFI 51-702, Foreign Tax Relief, 28 April 1994.
Section C?Pretrial Custody Overseas
10. The Air Force will seek the release from foreign custody of all Air Force personnel charged with
criminal offenses under foreign law.
11. The following responsibilities and authorities are established:
11.1. Air Force commanders will have procedures to ensure that Air Force people subject to foreign
court jurisdiction do not leave the country until final disposition of the charges. Commanders may
allow departures only if the host country?s approved practices and procedures allow it, or if the departure
is approved by HQ USAF/JA and either the designated country officer or country representative.