Would you go to Haiti?

[Ned]

Can CAP legally operate outside of the United States?

Phil,

We kinda do all the time.  Overseas squadrons and IACE, as just two examples. 

I'm not aware of anyting that would legally prevent CAP from operating OCONUS.  May or may not be a good idea, but I can't think of any legal showstoppers off the top of my head.

[Eclipse]

Can CAP legally operate outside of the United States?

Phil,

We kinda do all the time.  Overseas squadrons and IACE, as just two examples. 

I'm not aware of anyting that would legally prevent CAP from operating OCONUS.  May or may not be a good idea, but I can't think of any legal showstoppers off the top of my head.

Neither overseas squadrons, nor IACE participate operationally (i.e. neither do ES).  Apples and oranges.

[Ned]

I certainly agree that overseas squadrons and IACE do not do ES.  (But CP is an operational mission of CAP.)

But leaving semantics aside for a moment, I repeat that I cannot think of any US law or CAP regulation that would prevent us from conducting ES OCONUS.

As others point have pointed out, we do not have a logistical base to do so, and there are a mountain of other problems.  But not a legal one.

For example, in the extremely unlikely event that the Canadian government asked Uncle Sam through channels for us to do a little air seach just over the border, I don't see any legal reason we could not do so. 

Just saying . . .

Ned Lee
Former CAP Legal Officer

[Eclipse]

OK, for starters does CAP have an MOU with Haiti?

[The CyBorg is destroyed]

For example, in the extremely unlikely event that the Canadian government asked Uncle Sam through channels for us to do a little air seach just over the border, I don't see any legal reason we could not do so. 

I think something like that would be covered through NORAD, which has procedures in place for joint interoperability of USAF and RCAF assets; i.e., the CF-18's that assumed ramp duty at Elmendorf a couple of years (?) ago while the F-15's were stood down for maintenance reasons.

That is very different from Haiti.  I would doubt if we had an MOU with them, in large part because I don't think they have any armed forces to speak of, other than local constabulary units.

[Ned]

I think something like that would be covered through NORAD, (. . .)

You could well be correct. IDK.

That is very different from Haiti.  I would doubt if we had an MOU with them, in large part because I don't think they have any armed forces to speak of, other than local constabulary units.

Again, you are probably correct that CAP, Inc. does not have a current MOU with the nation of Haiti.

But is not the same thing as saying that there is some legal bar that would prevent CAP from doing anything in Haiti or anywhere else.

If an MOU was the only problem, CAP and Haitian government lawyers could fix that in a relatively short time. 

But there is no law that says an MOU is required for CAP to provide services to anyone, just an internal CAP reg that can be changed fairly quickly.

Like I said, there are a bazillion good reasons why CAP is not likely to get involved in Haitian-style relief efforts.  I'm just saying that I don't think a legal problem is one of them.

Have a nice day.

[PHall]

My question was more along the lines of "Could CAP be utilized by the Air Force in Disaster Relief missions that are outside of the United States?"
Are there any legal prohibitions? I have reviewed AFI 10-2701 and AFPD 10-27 and have found nothing. Matter of fact the subject was not even addressed.

[RogueLeader]

Fellow CAP Members:

I know we're volunteers but if we were asked to go, we should go.  If the USAF needs our help, then we need to help.  We are their auxiliary.  And suffering knows no history.  The Haitian people need help.

I don't believe the USA should be the world's social worker but our nation has committed to helping Haiti, as have our branches of the services.   If asked, and we can serve, we should.  I would go if asked and could make proper arrangements at my law firm, where I am an owner and one of the people largely responsible for keeping it afloat and my associate lawyers and staff paid. 

In the meantime,  give some money to a reputable charity helping Haiti, support your friends and neighbors who are going over on medical and other missions, and say a prayer or two for the people of Haiti.

Best regards,

Todd Epp, Capt., CAP
Legal Officer
Sioux Falls Composite Squadron and
S.D. Wing

Can CAP legally operate outside of the United States?

some aspects do.  CAP Chaplians have deployed to Iraq.  IDK names or numbers, but its been done before.  I don't know why we couldn't.  I just know that I wouldn't.

[Al Sayre]

There was some consideration by AFNORTH of sending the Surrogate Predator Aircraft & crews TDY...

[Eclipse]

CAP Chaplains have deployed to Iraq.  IDK names or numbers, but its been done before.

No way.  Never happened.  Not once.

I'm not saying some random military Chaplain who is also a CAP member hasn't gone over, in fact the odds are pretty good, but there's never been a CAP member deployed to the war in no other status other than him being a CAP Chaplain.

If nothing else that would be a Volunteer cover story (rightly so).

[RiverAux]

For example, in the extremely unlikely event that the Canadian government asked Uncle Sam through channels for us to do a little air seach just over the border, I don't see any legal reason we could not do so. 

Like we did in Mexico just this past summer....

[Eclipse]

For example, in the extremely unlikely event that the Canadian government asked Uncle Sam through channels for us to do a little air seach just over the border, I don't see any legal reason we could not do so. 

Like we did in Mexico just this past summer....

Are our airplanes even rated/licensed/whatever for international travel?

I don't even know what that entails.

[Al Sayre]

Yes our planes could go international.  All the required documents are on board.  It might take a few phone calls to/from Dept of State and Customs, but probably not much more than any other international flight, especially if it was at the request of the foreign gov't.  How do you think they get the planes back & forth to Puerto Rico Wing?  They have to transit the Bahamas, Turks and Caicos, French and British VI, etc. or get permission to overfly Cuba (good luck with that).