Commissary privileges overseas are covered under Status of Forces Agreements (SOFA), Visiting Forces agreements, treaties, etc. Since products sold in overseas commissaries pass across international borders and are customs, duty, and tax free; there are shopping restrictions. These restrictions are to protect the interest of the host nation and to resolve legal, customs, and tax issues. The agreements allow for some exemptions from host nation tax laws, but nonetheless, the privilege is substantially restricted and will vary from country to country. These agreements are negotiated between the Military Services, the U.S. State Department, and the host nation. Some countries allow exemptions from host nation tax laws; others require the payment of taxes, fees, or tariffs. Many do not allow the purchase of rationed items for visitors. Other countries have minimum stay requirements to be eligible, but the privilege is restricted for military personnel, retired, DoD civilians, DoD contractors and their family members. In addition, commissary privileges for DoD contractors, stationed and TDY overseas are restrictive, and are not automatic – contracting officers/contracting officers representative (COR) must obtain and follow the theater commander's determination of overseas commissary privileges for contractors. The Military Services, installation commanders, and the Defense Commissary Agency must enforce and cannot grant exceptions to the agreements. DoD civilians and DoD contractors in TDY status unless on emergency evacuation orders to the U.S. from overseas area not authorized commissary privileges. DoD civilians not on official duty from the U.S. to overseas are not entitled to overseas commissary privileges.
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