Definition and Scope of SOFAs
- SOFAs refer to VFAs, SOVFAs, and any future status of forces agreements included by Presidential directive.
- The coverage extends to agreements allowing foreign military presences, including those without formal SOFAs, especially for Humanitarian Assistance and Disaster Relief (HADR) operations.
Composition of the Commission
- Chairman: Executive Secretary
- Vice-Chairmen: Secretary of Foreign Affairs and Secretary of National Defense
- Members: Secretary of Justice; Secretary of Social Welfare and Development; Secretary of Interior and Local Government; VFACOM Executive Director; and one private sector representative appointed by the President.
Powers and Functions of the Commission
- Ensuring compliance with Philippine laws, public morals, customs, and all SOFA provisions.
- Coordinating issuance of Implementing Rules and Regulations (IRRs) covering:
- Entry, stay, and departure of visiting military and civilian personnel.
- Movement of military vessels, aircraft, and vehicles.
- Protection of public health, safety, and the environment.
- Management of military equipment and materials.
- Prosecution processes for offenses committed under SOFA activities.
- Monitoring and evaluating activities of foreign military and civilian personnel during SOFA-related and HADR operations.
- Organizing local coordinating committees to assist in function execution.
- Assessing environmental, social, health, and safety impacts and recommending mitigation measures.
- Coordinating assistance for claims related to damages or injuries caused by foreign personnel.
- Enlisting assistance from various government agencies.
- Conducting continuing information and education campaigns on SOFAs.
- Submitting annual reports to the President assessing SOFAs’ alignment with national interests.
- Coordinating with the Legislative Oversight Committee on SOFAs’ continued utility.
- Recommending policies or legislation for SOFA enforcement.
- Establishing official representation in all relevant defense and security organizations.
- Advising on negotiations and consultations for new SOFAs.
- Performing other duties as directed by the President.
Control and Supervision
- The Commission is directly under the control and supervision of the President.
Executive Director
- Appointment by the President.
- Reports directly to the Commission Chairman.
- Holds operational and supervisory authority over Commission personnel as well as agency personnel detailed to the Commission for support.
Funding
- Initial funding of Forty Million Pesos (P40,000,000.00) from the Contingent Fund for Commission expansion.
- Subsequent operational funding included in the General Appropriations Act.
Private Sector and NGO Participation
- The Commission engages local private sector entities and non-government organizations (NGOs) based in areas where SOFA activities occur.
Separability Clause
- Any invalid or unconstitutional provision of this Order does not affect the validity of remaining provisions.
Repeal Clause
- Orders, rules, regulations, or parts inconsistent with this Executive Order are repealed or modified accordingly.
Effectivity
- The Executive Order takes effect immediately upon approval on November 24, 2014.