Poland Waives Some Jurisdiction Over U.S. Service Members in Poland
At the request of the United States and in furtherance of its commitment to mutual defense, the Republic of Poland has exercised its sovereign discretion to waive the Republic of Poland’s primary right to exercise criminal jurisdiction as provided by Article VII, Paragraph 3(c), the NATO SOFA. This essentially means, Poland will hand over U.S. military members serving in Poland over to their military convening authorities to prosecute them for crimes normally prosecuted in the Polish criminal justice systemin many cases.
U.S. service members in Poland
There are U.S. Service members in Poland right now because the U.S. and its allies support Ukraine in its war with Russia. According to the Department of State, there are currently, approximately 10,000 U.S. personnel on rotation in Poland. Poland is a regular contributor to NATO missions, including the eFP in Latvia, the tailored Forward Presence (tFP) in Romania, and NATO air policing missions in the Baltic, Iceland, and most recently, Slovakia. As is with all the countries the U.S. stations service members in, the Status of Forces Agreement (SOFA) between Poland and the United States governs the legal status of U.S. military personnel stationed in Poland. The agreement outlines the rights, privileges, and responsibilities of U.S. service members and their families while in Poland.
SOFA with Poland
Under normal circumstances, the key provisions of the SOFA are as follows:
U.S. & Poland SOFA Key Provisions:
- Jurisdiction – Poland retains primary jurisdiction over U.S. personnel for crimes committed in Poland, but the U.S. has jurisdiction over offenses related to official duty.
- Entry & Exit – U.S. forces can enter and exit Poland without visas or additional documentation.
- Taxation & Customs – U.S. personnel are exempt from Polish taxes on their salaries and can import personal goods duty-free.
- Facilities & Operations – U.S. forces can operate bases and facilities under mutual agreement, with Poland providing necessary infrastructure.
- Logistics & Support – Poland provides logistical support and access to resources, while the U.S. ensures proper conduct and discipline of its forces.
- Environmental & Legal Compliance – U.S. forces must comply with Polish environmental laws and regulations.
- Claims & Compensation – Procedures for handling damage claims caused by U.S. forces are outlined.
Poland waives requirements of NATO SOFA
Poland has waived certain requirements of this SOFA regarding U.S. Service members in Poland. According to the Department of State Poland’s Article 14 Criminal Jurisdiction reads as follows:
“The Republic of Poland recognizes the particular importance of U.S. forces authorities’ disciplinary control over members of the U.S. forces and the effect that such control has on operational readiness. Therefore, at the request of the United States and in furtherance of its commitment to mutual defense, the Republic of Poland hereby exercises its sovereign discretion to waive the Republic of Poland’s primary right to exercise criminal jurisdiction as provided by Article VII, Paragraph 3(c), of the NATO SOFA. In specific cases of particular importance to the Republic of Poland, the authorities of the Republic of Poland may withdraw the waiver by providing a statement in writing to the competent U.S. forces authorities not later than thirty (30) days after receipt of the notification described in Paragraph 2 of this Article. The authorities of the Republic of Poland may also submit such a statement prior to receipt of such notification.”
The SOFA between the U.S. and Poland strengthens NATO cooperation and supports enhanced defense measures between the two nations, particularly in response to regional security concerns.
When a U.S. service member in Poland gets in trouble, they need assistance prior to making statements to law enforcement investigators or their command. They should make no statements to Polish or U.S. Investigators until they have spoken to an experienced military lawyer. If you need to find a military attorney in Poland, contact us or call 757-504-2815.
