Legal Issues in

Naples

Overview
Legal Services in Naples SOFA & Italian Laws Sojourners Permits

FOR INFORMATIONAL PURPOSES ONLY SPECIFIC CASES NEED TO COME TO LEGAL OFFICE

Legal Services

Region Legal Service Office (RLSO)

Court-martial prosecutions Legal counsel to area commands Foreign criminal jurisdiction Sojourners permits
Contact

info: CAPO, Admin. II, 1st floor Comm: 081-568-3131 or DSN 626-3131 Hours: 0800-1530 Mon. Fri.

Legal Services (contd.)

Staff Judge Advocates Office (RLSO)

Legal counsel for Naval Support Activity Naples Extraordinary base access/privileges issues Civilian misconduct boards Processing marriage to local or foreign national applications Home business/working on the economy Group activities (i.e. fundraisers, special events)
Contact info: CAPO, Admin. II, 1st floor Comm: 081-568-5360 or DSN 626-5360

Legal Services (contd.)

Naval Legal Service Office (NLSO)

Legal assistance (wills, family law, consumer law, powers-of-attorney, etc.) Defense counsel for

Courts-martial Administrative separation boards Boards of inquiry General disciplinary matters (NJP, etc.)

Contact info: CAPO, Admin. II, 1st floor Comm: 081-568-4576 or DSN 626-4576 Hours: 0800-1600 Mon. Fri.

SOFA & Italian Laws

SOFA applies to everyone in this room:

Members of the armed forces

Civilians working for the armed forces

Civilian contractors working with the armed forces

Civilian dependents of any of the above

SOFA & Italian Laws (contd.)

Rule #1

We must obey the laws of the United States AND Italy We do NOT have diplomatic immunity AND Our installations are not sovereign U.S. territory Italy has jurisdiction over almost all criminal activity happening aboard our installations

Rule #2

Rule #3

SOFA & Italian Laws (contd.)

If an incident occurs involving Italian authorities, contact the RLSO

Italian attorneys are available to give advice and assistance Learn about your rights and obligations before you speak to Italian authorities

SOFA & Italian Laws (contd.)

Other things to remember:

Italian traffic laws (especially enforced if there is an accident):

Tutor System for Speeding

Duty to Rescue
Call Emergency Number, Ambulance, Police, etc. Assist within your abilities

In Case of Apprehension:

Comply with Italian Law BUT Politely request presence of NSA Security, a command representative and/or U.S. government-provided attorney prior to making any statement. Decline to make any statement unless U.S. representatives are present.

Driving Under the Influence (DUI) Italian Traffic Code art. 186
BAC * .05 to .08 .08 to .15
Over .15 or refusal to submit

FINE

LICENSE JAIL SUSPEN. TIME 500 to 3 to 6 2000 Euro months

800 to 6 to 12 3200 Euro months 1500 to 12 to 24 6000 Euro months

VEHICLE

0 to 6 months 6 to 12 months
Impounded 180 days; Confiscated upon conv.

* BAC of .05 or higher = on-base suspension for 1 year

Law Enforcement in Italy

Different officials are tasked with law enforcement in Italy. The ones you will see most commonly are:

Polizia (Police) Carabinieri (Special Corps of Italian Military) Guardia di Finanza (Finance Guard) Vigili Urbani (City Police)

Carabinieri

Guardia di Finanza

City Police

Selling Tax-Free Items

All items stocked by the Navy Exchange and Commissary are imported into Italy free of Italian taxes Selling or giving these items to anyone who is not an authorized user of exchanges or commissaries is illegal and a serious offense Cannot Sell or Give GAS COUPONS If solicited, report to NCIS

Marriage to a Foreign National

You MUST get authorization from command and NSA Naples or CNREURAFSWA
Extensive

Application

Marriage to a foreign national may cause you to have Security Clearance issues.

Same-Sex Relationships

Italian Laws and Cultural Sensitivities

No Italian laws prohibiting private, adult, and consensual sexual conduct

Any sexual act in public is penalized as "indecent exposure

Neither Marriage Nor Civil Unions between same sex couples are recognized

(~90% of population is Roman Catholic)

Rural areas typically more conservative than urban Sexual Orientation is not a bar to military service Same-sex partner is not considered a dependent

In Both U.S. and Italian Military

SOFA is NOT the same in Every Country

The SOFA is applied differently in different countries!

Even if you have been stationed in Europe before, EACH country has their own implementations of the SOFA in their own country. Do not assume that if you were able to do something or act in a certain way in one country, that it applies that way in Italy.

Ask before Acting! If you have a question, please

ask the RLSO!

Sojourners Permits or Permesso di soggiorno

Required by ITALIAN LAW for ALL except Active Duty/NATO: Dependents Civilian employees Apply for the permit as soon as possible after entry

WHY do I need a Sojourners Permit?

Your Visa is merely an ENTRY approval. The Sojourners Permit is required for residency and re-entry if you leave Italy.

It must cover your entire time in Italy.

You need a Sojourners Permit in order to work on base.

Sojourners Permits

What do I do with my Sojourners Permit?

Make a copy of your Sojourner Permit and carry it with you at all times. Keep your original Sojourner Permit in a secure location, along with your passport. Upon leaving Italy, Sojourners Permits must be turned into the Legal Office.

Sojourners Permits

Sojourners Permits DO have an expiration date

Make sure they cover the ENTIRE tour in Italy! If you are extended, please come to the RLSO to get your Permit updated!

Sojourners Permits
If

you are ACTIVE DUTY,

you do

NOT
need a Sojourners Permit (but your dependents do!)

Sojourners Permits

Where to Obtain Your Sojourners: NAVY and MARINE CORPS RLSO

At the RLSO, you will receive a specialized brief with Mrs. Connie Henderson who can answer your specific questions regarding Sojourners Permits

If you are *ARMY* or *AIR FORCE* you go to the Provost Marshal office at JFC
S-1/S-2 Office, Building L same hallway as the the NEXMart
(NOT the RLSO)

Soujourners Permits (contd.)

What to BRING to RLSO:

APPLICATION

One per adult (age 14 and up) For dependents under 14 add names to the back of your adult application

4 passport-size PHOTOS per person (regardless of age babies included!)

Obtain at Support Site photo shop put on PCS travel claim (see next slide)

Photocopies of PASSPORT SECTIONS:

Your DEPENDENTS age 14 and up Copy of ORDERS

Soujourners Permits (contd.)

Photocopies of passport sections:

TWO copies of ONE copy of ONE copy of

photograph page

mission visa page

official language page

Soujourners Permits (contd.)

Mission visa page:

Soujourners Permits (contd.)

Official language page (civil service):

The Bearer is Abroad on an Official Assignment for the United States Government.

Soujourners Permits (contd.)

Official language page (dependents):

This passport is valid only for use in connection with the bearers residence abroad as a dependent of a member of the American Military or Naval Forces on Active Duty outside the United States.

Points of Contact

RLSO (Sojourners Permits)

Contact info: CAPO, Admin. II, 1st floor, Comm: 081-568-3131 or DSN 626-3131 Hours: 0800-1530 Mon. Fri.

SJA
Contact info: CAPO, Admin. II, 1st floor, Comm: 081-568-5360 or DSN 626-5360 Hours: 0800-1600 Mon. Fri.

NLSO (Legal Assistance)

Contact info: CAPO, Admin. II, 1st floor, Comm: 081-568-4576 or DSN 626-4576 Hours: 0800-1600 Mon. Fri.