worked well in practice. They have had no adverse effect  upon  the  military  mission  of  the  armed forces or the morale and discipline of its members. PUNISHMENTS   IMPOSED When we hear the term  Status  of  Forces Agreements,  many of us think of the trial of our military personnel by foreign courts for crimes committed overseas. That association of thought is natural. Criminal jurisdiction is one of the most important  aspects  of  the  Status  of  Forces Agreements, and certainly the one that has always received the most publicity. Each publicized report of an American service member being tried for a  serious  crime  by  a  foreign  court  brings  public outcry  from  Americans.  Most  Americans  believe the  offender  should  be  tried  by  United  States military   authorities. Comparisons have shown that normally a sentence  imposed  by  a  foreign  court  has  been extremely lenient. There have been no instances of  cruel  or  unusual  punishment.  If  you  consider the large number of United States personnel stationed overseas and the small number of persons confined in foreign jails at any one time, you  can  see  that  the  number  confined  is  minimal. In all but the most serious offenses, confinement is suspended and the offender is returned to the United  States  for  reassignment  or  discharge. CONFINEMENT  AND  CUSTODY Equally  lenient  has  been  the  attitude  of  the foreign governments with regard to confinement and  custody.  Most  SOFAs  provide  that  the  United States military authorities may retain custody of an accused military member until all judicial proceedings, including the appeal, have been completed. If a person is eventually sentenced to confinement  in  a  foreign  prison,  American authorities  are  permitted  frequent  visits  to  ensure the person is being well treated. In addition, the person  is  allowed  to  receive  health-benefitting items,    items  of  comfort,  and  food  items considered  a  necessary  part  of  an  American’s  diet. RIGHTS OF SERVICE MEMBERS The Department of Defense protects to the maximum extent possible the rights of American personnel who may be subject to trial by foreign courts and imprisonment in foreign prisons. One of the most significant safeguards afforded a military  member  is  the  right  of  the  United  States to  have  an  official  observer  (legal  representative) at the trial. (The legal representative’s duty is to determine  whether  the  accused  military  member received all the rights guaranteed by the Status of  Forces  Agreement.)  The  legal  representative also determines if the member received all other rights  of  due  process  of  law  that  the  person  would have had if tried in a U.S. state court. A military member tried in a foreign court has one  significant  advantage  over  fellow  military members  facing  trial  in  the  United  States. Congress  has  passed  legislation  that  allows  the armed services to pay attorney fees and court costs as well as to provide bail in appropriate cases. The Department  of  Defense  has  liberally  followed  that statute, and large numbers of military members have taken advantage of its provisions. When you are in a foreign port, remember you are a guest in that country and are subject to that  country’s  laws  and  legal  procedures.  Also remember  that  whatever  privileges  service members  possess,  as  compared  with  ordinary visitors  or  tourists  in  that  country,  they  possess them only by special consent oft he host country. Because  of  the  host  country’s  special  consent,  you are allowed to drive in that country based on your U.S. driver’s license. You do not have to pay customs  duty  or  taxes  when  bringing  household goods  and  personal  belongings,  including  your car,  into  the  host  country.  You  are  allowed  to enter and leave the country on military orders alone without a passport or visa. Remember that as a guest in a foreign country, you are subject to that country’s criminal laws and procedures. If you violate those laws, you may find yourself on trial before a foreign court. Only by the consent of the host country can you be tried by the courts of your own service for offenses  committed  on  foreign  soil.  That  is permitted only because of the Status of Forces Agreements, not as a matter of absolute right. SUMMARY The preliminary inquiry is an important part of  the  premast  procedure.  You  are  an  impartial investigator  and  should  seek  to  find  all  the relevant  facts  of  the  case.  Your  job  is  to  provide the commanding officer with all the information so that he or she can make a decision concerning the  accused. United   States   Navy   Regulations,   1990 describes  the  procedures,  authority,  and  com- mand of offices within the Department of the 2-21