The United States has entered into an exchange and military visitation agreement with the Government of Mongolia.22 As part of the agreement, Article X deals with the criminal jurisdiction of U.S. personnel in Mongolia. The language of the agreement states that “the U.S. military authorities have the right to exercise, within Mongolia, the entire criminal and disciplinary jurisdiction over the United States, vested in them by U.S. military laws. All offences committed against Mongolian laws committed by a member of the U.S. military are referred to the appropriate U.S. authorities for investigation and order. 23 The agreement allows the Government of Mongolia to ask the United States to enact jurisdiction in cases of alleged criminal conduct that has nothing to do with the official obligation 24.24 It is there is no obligation for the United States to waive jurisdiction solely to give a “sympathetic consideration” to such a request.25 There is an agreement on the status of military and civilian personnel of the United States Department of Defense. which is present in Afghanistan as part of cooperation efforts in response to terrorism. Humanitarian and civic assistance, military training and exercises, and other activities.45 These personnel are “status corresponding to the administrative and technical personnel” of the United States Embassy under the 1961 Vienna Convention on Diplomatic Relations.46 , the Interim Islamic Government of Afghanistan (ITGA) 48 has expressly authorized the U.S. government to exercise criminal responsibility for U.S. personnel and the Afghan government has no right to transfer U.S.
personnel to custody of another state, international court or other agency without the consent of the U.S. government. Although the agreement was signed by ITGA, the government of the Islamic Republic of Afghanistan, subsequently elected, assumed responsibility for ITGA`s legal obligations and the agreement remains in force.