The 21st century presents new and different threats to liberty, democracy and peace but the partnership between Malta and the United States endures. Today’s global challenges require greater international consensus, multilateral cooperation, diplomacy and education, whether we hope to eradicate terrorism, bolster fledgling democracies, extend freedom or solve the problems of climate change, poverty and migration.
One of our strongest partners in achieving this multilateral cooperation towards greater peace and prosperity is the European Union and, of course, Malta, which unequivocally stands with nations supporting an end to terrorism. The United States values that support.
Our ongoing collaboration on a range of practical matters such as enhanced security at ports-of-entry, container transhipment, and the training programmes for members of the armed forces, customs, and civil protection personnel, is based on a common commitment to combat new global threats. Such cooperation benefits both the US and Malta.
Beyond that, though, the only way to achieve security in the Mediterranean is through multilateral cooperation, especially now with the growing migration crisis. We believe Malta’s international stature and willingness to shoulder shared international responsibilities make clear that all options for enhancing regional safety and security should be considered.
The United States has long stood with Malta as an equal sovereign. The US welcomed Malta’s commitment to the North Atlantic Treaty Organisation’s Partnership for Peace (PfP) and the Euro-Atlantic Partnership Council. PfP has effectively strengthened relationships between states in Europe and North America, increased practical cooperation and underlined our common commitment to democratic principles.
We believe it is vital that Malta be included in all international discussions on current issues that have an impact on the European Union and on the Mediterranean region. Malta’s exclusion from any forum disadvantages the island and others concerned with Mediterranean security. It deprives the deliberations and decisions of Malta’s input based on its unique experience in this important section of the Mediterranean.
The only way to achieve security in the Mediterranean is through multilateral cooperation, especially now with the growing migration crisis
A status of forces agreement (SOFA) does not commit a country to any sort of military action or establish a mutual defence alliance among its signatories. The PfP SOFA is a multilateral agreement between Nato member states and countries participating in the PfP programme. It deals with the status of foreign forces while present on the territory of another state.
SOFA provides potential economic benefits for both countries. It will increase the frequency of US Navy ships visiting Malta, both providing additional income to Maltese businesses from tourist spending, and also opening the possibility for increased ship repair work at one of the most experienced shipyards in the region.
For instance, recently, the US Navy awarded a contract to a Croatian shipyard, that was valued at $23.3 million (20.9m) and if further options were taken up, the total value would rise to $29.6 million (26.5m) in total over a period of seven months.
SOFA does not constitute a loss of sovereignty or an obligation by Malta to engage in military actions. It is simply an agreement on how various aspects of military-to-military cooperation or visits by service members to another country will be handled by the nations involved. SOFA is only an amendment of the PfP agreement. Nonetheless, if signed, Malta maintains the option to renounce the agreement.
The PfP SOFA would increase Malta’s options when faced with a legal or criminal dispute. It does not grant immunities from a crime. It is not a ‘get out of jail free’ card. US personnel are required to respect and abide by the local laws of whatever country they are in, and in addition to applicable civilian penalties, are subject to prosecution under the Uniform Code of Military Justice (UCMJ) if they do not. In many cases the UCMJ is stricter than equivalent civil law.
The PfP SOFA designates exclusive Maltese jurisdiction in cases punishable by Maltese law but not by the law of the sending state. Also, it recognises concurrent jurisdiction, meaning in the case of most offences committed outside the performance of official duties, Malta could assert the primary right of prosecution of alleged offenders.
In the event of an incident or an alleged crime, the US would work with Maltese authorities to gather all relevant evidence, establish a court of primary jurisdiction, and prosecute offenders to the fullest extent of both Maltese and US law.
It is the prerogative of the Maltese government to decide what kind of SOFA provisions, if any, would benefit Malta. It is important to note that SOFA fully respects the principle of territorial sovereignty, which requires a receiving State to give its consent to the entry of foreign forces.
Also, it is the prerogative of the Maltese government to decide what reservations it would like to officially make if it signs the agreement.
Malta is one of the most beautiful and sought-after locations in the Mediterranean. US military personnel and ships are keen to visit the island, which is renowned for its warm hospitality and rich history.
As Ambassador of the United States of America to Malta I am keen to promote this mutually beneficial relationship.
Gina Abercombie-Winstanley is US Ambassador to Malta.