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
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 and although the agreements
with Iraq were negotiated and concluded as executive agreements, they have not been
implemented. The agreements are not scheduled to be in force until January 1, 2009, and even
then, 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 contents 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.