Originally posted by Eyezer:
A project analysing singapore's military capabilities and our chances of 'victory' against our nice northern neighbour up there?
What are you doing now? How did you get such a topic for a project? Perhaps if you just summarize the issues mentioned in this thread, you'd get enough words for your project, hahahhaaaa....forget about the research!
well. i've done quite a bit. if i have a lot of statistics will the ISA come down on me? =P
and i found this. its pretty long.regarding aust-m'sia relations.
Agreement between the Government of Australia and the Government of Malaysia Concerning the Status of Forces, done at Kuala Lumpur on 3 February 1997
NATIONAL INTEREST ANALYSIS
Date of Proposed Binding Treaty Action
The proposed Agreement with Malaysia concerning the Status of Forces (the Agreement) was signed on 3 February 1997 and shall enter into force on an exchange of notes between the Parties confirming that all domestic requirements to give effect to the Agreement have been met. It is anticipated that this exchange of notes will take place as soon as practicable in 1999.
Date of Treaty Tabling
11 November 1998.
Reasons for Australia to Become a Party to the Treaty
A Status of Forces Agreement (SOFA) is an internationally recognised means of handling the issues arising out of the presence of one country's visiting forces in the territory of another country. Australia has a SOFA concerning United States forces in Australia, a reciprocal SOFA with Papua New Guinea and a SOFA concerning Singaporean forces in Australia to complement the Five Power Defence Arrangements (FPDA) Agreement which provides SOFA-type provisions for Australian forces in Singapore.
As members of the FPDA, Australia and Malaysia have had an FPDA Agreement in force since 1971. However, in recent years that Agreement has not adequately provided coverage for the bilateral defence activities beyond those of the FPDA, particularly in the area of personnel exchanges. The proposed SOFA will address this discrepancy as it will apply to Australian forces engaged in all defence-related activities other than FPDA activities in Malaysia and to Malaysian forces engaged in all such activities in Australia. The 1971 FPDA Agreement will continue to apply to Australian forces engaged in FPDA activities in Malaysia.
The proposed Agreement will facilitate a range of bilateral defence activities by establishing standard conditions for the presence of Malaysian and Australian visiting forces on issues including jurisdiction, claims, immigration requirements and customs duties.
The Agreement is consistent with Australian policy on the development of Australia's substantial and diverse Defence relationship with Malaysia and its provisions are consistent with those of other SOFAs to which Australia is a party.
Obligations
The provisions in the Agreement are very similar to those contained in other SOFAs to which Australia is a party.
The Agreement sets out standard conditions concerning the rights of, and access to facilities used by, forces of Malaysia or Australia (Annex I) and the status of these forces (Annex II) when in the country of the other. These conditions include the following matters:
Annex I - Rights and Facilities
* Training (Section 1)
Authorisation to use predetermined land and sea areas, air space and facilities for training or exercises.
* Movement of forces, vessels, aircraft and motor vehicles (Section 2)
Freedom of entry to and egress from areas and facilities subject to the Receiving State's right to prescribe routes to be used.
Ships may visit ports with the Receiving State's consent; movements to be in accordance with normal international practice.
Freedom of movement for individuals for the purpose of normal administrative duties and private activities.
Passage of explosives (including ammunition) through ports in compliance with local laws; indemnity for port authorities and receiving Government; payment of compensation for damage resulting from any explosion.
Movement of forces, vessels, vehicles or aircraft under comparable conditions to forces of the Receiving State in respect of pilotage, harbour charges and all dues or tolls.
* Telecommunications systems (Section 3)
Authorisation to operate facilities for communication in a nonprejudicial manner to operation of public utilities and services; not to be used for non-official communications, which are to be transmitted by public telecommunications services at normal rates.
* Postal services (Section 4)
Authorisation to operate Post Offices; items not to be posted in contravention of the Receiving State's postal regulations including those concerning customs, health, dangerous goods, aviation security and quarantine.
* Local purchases (Section 5)
Commitment to purchase locally goods and commodities, if available at a suitable price and of the standard required.
* Employment of local civilians (Section 6)
Commitment to employ local labour subject to local labour laws (including industrial awards and determinations) provided that the labour is available and appropriately qualified.
* Use of public services and facilities (Section 7)
Authorisation to use public services and facilities on no less favourable terms than those available to other users in like circumstances.
* Importation and exportation (Section

Applicability of Receiving State laws and regulations concerning customs, taxation and other authorities.
Official documents under official seal exempt from customs inspection.
Importation duty and exportation exemptions for equipment, material, motor vehicles, provisions, supplies and other goods for the exclusive official use of the force; for personal effects, furniture and household goods upon arrival; and for one private motor vehicle.
Procedures for transfer of items imported free of duty to those not entitled to an exemption.
Importation and exportation exemption for Service authorities for all fuel, oil and lubricants exclusively for use in official motor vehicles, aircraft and vessels.
* Motor vehicles (Section 9)
Official motor vehicles, excluding hired motor vehicles, to carry registration number issued in Sending State and distinctive nationality mark, and to be registered if required.
Privately owned motor vehicles to be registered under, and subject to, local law.
* Driving licences and laws (Section 10)
Acceptance of Sending State licence for operation of official motor vehicles in the course of official duty.
Local laws to apply in all other respects to driving of motor vehicles.
* Personal taxation (Section 11)
Application of the Agreement of 20 August 1980 with Malaysia for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income.
* Abuse of privileges (Section 12)
Sending State to render all assistance within its power to prevent abuse or misuse of the privileges granted and ensure proper discharge of obligations imposed by the Agreement.
* Occupation of land or buildings (Section 13)
Sending State to make a contribution to the Receiving State in respect of land or buildings occupied.
* Claims (Section 14)
Government-to-government claims waived for damage arising out of or in the course of the performance of official duties, for maritime salvage, and for damages for injury or death while engaged in the performance of official duties.
Consultation for settlement of claims for other damage arising out of performance of official duties.
Third party claims procedure: claims to be handled under the Receiving State's law in the same way as claims for harm attributed to the Receiving State's defence force; where the Sending State alone is responsible, cost of claims distributed in the proportion of 25:75 to the Receiving State and the Sending State respectively; where both Parties are responsible or responsibility cannot be attributed, then costs to be distributed equally between them; procedure not to apply in respect of third party motor vehicle insurance policy claims or contractual claims.
Assistance in exercising compulsory execution processes against private moveable property within an area of use by the Sending State.
Cooperation in procurement of evidence for a fair hearing and disposal of claims.
No claim of immunity against civil claims can be made by the members of the visiting force, the civilian component or their dependants.
* Annex II - Status of Forces
* Criminal jurisdiction (Section 1)
Service authorities of the Sending State have the right to exercise all jurisdiction conferred on them by the law of the Sending State over all of their visiting personnel who are subject to the service law of the Sending State. The authorities of the Receiving State have jurisdiction with respect to offences committed within the Receiving State and punishable by the law of the Receiving State.
Where there is concurrent jurisdiction, the Sending State has the right to exercise primary jurisdiction over visiting personnel in relation to offences in the course of official duty, offences solely against the security of the Sending State and offences against the person or property of other visiting personnel; the Receiving State has primary jurisdiction over all other offences.
Procedures for waiver of primary jurisdiction and requirement for sympathetic consideration of a request by the other party for waiver.
Procedures for co-operation, subject to the laws of the Parties, in the arrest of offenders, investigation of offences and collection and production of evidence.
Sending State not authorised to carry out the death penalty within Receiving State.
Guarantee of procedural safeguards common to the legal systems of the Parties, including a prompt and speedy trial.
* Security (Section 2)
Authorisation to maintain Service police for maintenance of discipline and to take reasonable measures, subject to the law of the Receiving State, to protect the security of the force.
* Compulsory service (Section 3)
Exemption from liability for compulsory service.
* Carriage of arms (Section 4)
Entitlement to possess and carry arms when authorised by their State's official's orders to do so. Carriage of arms outside facilities and areas used by the force to be made by arrangements between the appropriate authorities of the Parties.
* Exchange control (Section 5)
Concurrent application of foreign exchange regulations of both Parties for acts done in the territory of the Receiving State.
* Entry and exit (Section 6)
Members of the force exempt from visa and passport requirements; need only photo ID card and travel orders.
Members of the civilian component and dependants require passports, but are exempt from visa or entry permit requirements.
Exemption from laws and regulations on the registration and control of aliens; nonacquisition of any right to permanent residence or domicile.
Procedures to retire or separate from the force in the Receiving State.
Procedures in response to a request from the Receiving State for removal of an individual.
* Respect for local laws (Section 7)
Duty to respect law.
Duty to abstain from any activity inconsistent with the spirit of the Agreement.
Costs
This treaty action does not impose on Australia a requirement for any foreseeable financial expenditures. The proposed Agreement does set out a reciprocal regime for handling claims (see Claims (Section 14)). The proposed Agreement provides for certain exemptions from local fees and duties; these are also reciprocal.
Future Protocols
The proposed Agreement does not provide for the negotiation of any future legally binding instruments.
Implementation
The proposed Agreement is consistent with the Defence (Visiting Forces) Act 1963. The Act will provide authority for implementation of a number of provisions of the proposed Agreement but no legislative measures under the Act will be required.
The Agreement required consequential amendments to be made to the Migration Regulations to include Malaysia in the definition of ''SOFA forces member'' and ''SOFA forces civilian component member''; to the Customs Regulations to give effect to the provisions of the Agreement that give concessional treatment to the importation of personal effects, household goods, furniture and motor vehicles of members of the visiting force, civilian component or dependants; and to the Commonwealth Sales Tax (Exemptions and Classifications) Act to give effect to the exemption in Annex 1, section 8(4)(a) of the Agreement, which allows members to import goods free of duty.
The Agreement will not effect any change to the existing roles of the Commonwealth and the States and the Territories.
Consultation
Information on the proposed Agreement was notified to the States and Territories through the Commonwealth-State Standing Committee on Treaties' Schedule of Treaty Action and no comment has been received to date. The Agreement does not require State or Territory cooperation for its domestic implementation.
Withdrawal or Denunciation
The Agreement can be unilaterally terminated on 180 days' notice by either Party. If the Agreement is terminated, then those provisions that confer rights or impose obligations on the Parties concerning claims, indemnities or private rights remain in force as if the Agreement had not been terminated.