text: Chapter 4
  Legal Considerations
  This chapter discusses legal considerations for SC. First it describes the general legal
  foundation for military actions and the legal authority for SC. Next, it discusses key
  SC funding programs and authorities. Finally, it discusses special foreign assistance
  authorities.
  GENERAL LEGAL FOUNDATION FOR MILITARY ACTIONS
  4-1. Law and policy govern the actions of U.S. forces in all military operations, including security
  cooperation. For U.S. forces to conduct operations, a legal basis must exist. This legal basis profoundly
  influences many aspects of an operation. It affects the ROE, how U.S. forces organize and train foreign
  forces, the authority to spend funds to benefit the host nation, and the authority of U.S. forces to detain and
  interrogate. Under the Constitution, the President is the Commander in Chief of U.S. forces. Therefore, orders
  issued by the President or the Secretary of Defense to a combatant commander provide the starting point in
  determining the legal basis. Laws are legislation passed by Congress and signed into law by the President
  and treaties to which the United States is party. Policies are executive orders, departmental directives and
  regulations, and other authoritative statements issued by government officials. Following is a summary of
  key laws and policies that bear upon U.S. military operations in support of security cooperation. This
  summary does not replace a consultation with the unit’s supporting staff judge advocate.
  LEGAL AUTHORITY FOR SECURITY COOPERATION
  4-2. U.S. forces participate in security cooperation according to a number of legal authorities, most of which
  are codified in 10 USC, 22 USC, and in provisions of the annual National Defense Authorization Act. All
  security cooperation activities must be conducted according to and comply with these authorities, and the
  chief of mission must approve all security cooperation activities conducted in a foreign country.
  4-3. 10 USC authorizes certain types of military-to-military contacts, exchanges, exercises, and limited
  forms of humanitarian and civic assistance in coordination with the U.S. ambassador to the host nation. In
  such situations, U.S. forces may be granted status as administrative and technical personnel based on a formal
  agreement or an exchange of diplomatic letters with the host nation. This cooperation and assistance is limited
  to liaison, contacts, training, equipping, and providing defense articles and services. It does not include direct
  involvement in operations. Assistance provided to police by U.S. forces is permitted but, generally, the DOD
  does not serve as the lead government department. Without receiving a deployment or execution order from
  the President or Secretary of Defense, U.S. forces may be authorized to make only limited contributions
  during operations that involve security assistance.
  HOST-COUNTRY LAW AND STATUS-OF-FORCES AGREEMENTS
  4-4. After considering the type of baseline protections represented by fundamental human rights law, the
  military leader must be advised regarding the other bodies of law that leader should integrate into planning
  and execution. This includes consideration of host-nation law. Because of the nature of most international
  missions not involving armed conflict, commanders and staffs must understand the technical and pragmatic
  significance of host-nation law within the area of operations.
  4-5. Status-of-forces agreements and other forms of agreements frequently exist. They are essentially
  contractual agreements or treaties between two or more nations that establish the legal status of military
  personnel in foreign countries. Topics usually covered in a status-of-forces agreement include criminal and
  civil jurisdiction, taxation, and claims for damages and injuries. In the absence of an agreement or some other