The Kingdom of Belgium,
Canada,
The French Republic,
The Federal Republic of Germany,
The Kingdom of the Netherlands,
The United Kingdom of Great Britain and Northern Ireland, and
The United States of America,
CONSIDERING that sub-paragraph (b) of paragraph 1 of Article 8 of the Convention on Relations between the Three Powers
and the Federal Republic of Germany, as amended by Schedule I to the Protocol on the
Termination of the Occupation Regime in the Federal Republic of Germany, signed at
Paris on 23 October 1954, provides for the negotiation of new arrangements setting
forth the rights and obligations of the forces of the Three Powers and other States
having forces in the territory of the Federal Republic of Germany;
CONSIDERING that, pursuant to that provision, the new arrangements shall be based
on the Agreement between the Parties to the North Atlantic Treaty regarding the Status
of their Forces, signed at London on 19 June 1951, supplemented by such provisions
as are necessary in view of the special conditions existing in regard to the forces
stationed in the Federal Republic of Germany;
CONSIDERING that the North Atlantic Council has decided to approve, in accordance
with paragraph 3 of Article XVIII of the Agreement between the Parties to the North
Atlantic Treaty regarding the Status of their Forces, the accession to that Agreement
of the Federal Republic of Germany, provided that such accession shall become effective
only after all the States Parties to the new arrangements have ratified or approved
them;
CONSIDERING that the second paragraph of the Preamble to the Agreement between the
Parties to the North Atlantic Treaty regarding the Status of their Forces also provides
for separate arrangements supplementary to that Agreement;
CONSIDERING that, pursuant to the Agreement signed at Bonn on 3rd August 1959, by
the Powers signatory to the Protocol on the Termination of the Occupation Regime in
the Federal Republic of Germany, signed at Paris on 23 October 1954, the Convention
on the Rights and Obligations of Foreign Forces and their Members in the Federal Republic
of Germany, the Finance Convention, and the Agreement on the Tax Treatment of the
Forces and their Members, as amended by that Protocol, shall cease to be effective
upon the entry into force of the new arrangements;
DESIRING thereby to continue consolidating the North Atlantic Community;
The Agreement between the Parties to the North Atlantic Treaty regarding the Status
of their Forces, signed at London on 19 June 1951 (hereinafter referred to as the
“NATO Status of Forces Agreement”), shall, as regards the rights and obligations of
the forces of the Kingdom of Belgium, Canada, the French Republic, the Kingdom of
the Netherlands, the United Kingdom of Great Britain and Northern Ireland and the
United States of America in the territory of the Federal Republic of Germany (hereinafter
referred to as “the Federal Republic”), be supplemented by the provisions of the present
Supplementary Agreement.
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2
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(a) A close relative of a member of a force or of a civilian component not falling within
the definition contained in sub-paragraph (c) of paragraph 1 of Article I of the NATO
Status of Forces Agreement who is financially or for reasons of health dependent on,
and is supported by, such member, who shares the quarters occupied by such member
and who is present in the Federal territory with the consent of the authorities of
the force shall be considered to be, and treated as, a dependent within the meaning
of that provision.
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(b) Should a member of a force or of a civilian component die or leave the Federal territory
on transfer, the dependents of such member, including close relatives referred to
in sub-paragraph (a) of this paragraph, shall be considered to be, and treated as, dependents within the
meaning of sub-paragraph (c) of paragraph 1 of Article I of the NATO Status of Forces
Agreement for a period of ninety days after such death or transfer if such dependents
are present in the Federal territory.
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1 In accordance with the obligations imposed by the North Atlantic Treaty upon the contracting
parties thereto to render mutual assistance, the German authorities and the authorities
of the forces shall co-operate closely to ensure the implementation of the NATO Status
of Forces Agreement and of the present Agreement.
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3
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(a) German authorities and the authorities of a Force shall, by taking appropriate measures,
ensure close and reciprocal liaison within the scope of the co-operation provided
for in paragraphs 1 and 2 of this Article. Personal data shall be passed on solely
for the purposes envisaged in the NATO Status of Forces Agreement and in the present
Agreement. Restrictions in possible applications based on the legislation of the Contracting
Party supplying the information shall be observed.
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(b) This paragraph shall not impose an obligation on a Contracting Party to carry out
measures which would contravene its laws or conflict with its predominant interests
with regard to the protection of the security of the State or of public safety.
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4 The German authorities and the authorities of a sending State shall take all the administrative
measures necessary for the implementation of the NATO Status of Forces Agreement and
of the present Agreement, and, where necessary, shall conclude administrative or other
agreements to that end.
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5
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(a) In the implementation of provisions in the field of support contained in the NATO
Status of Forces Agreement and in the present Agreement, the German authorities shall
accord to a force and to a civilian component such treatment as is necessary for the
satisfactory fulfilment of their defence responsibilities.
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(b) In asserting the rights accorded to them under the provisions referred to in sub-paragraph
(a) of this paragraph, the authorities of a force and of a civilian component shall,
with a view to reasonable reconciliation of their requirements and those of the Federal
Republic, take into due account German public and private interests.
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6 The German authorities and the authorities of a force shall agree on frontier crossing
points at which liaison officials of the sending State are to be stationed. These
officials shall assist the German authorities in their control functions in order
to ensure the speedy and unobstructed passage of the force, the civilian component,
their members and dependents, and their accompanying baggage, and of consignments
of goods and materials shipped by the force or on its behalf or for its account for
the use of the force or of the civilian component, their members and dependents.
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1 The exercise of rights and the fulfilment of obligations which a sending State derives
from the NATO Status of Forces Agreement and the present Agreement may, with the consent
of the Federal Government, be effected by other sending States in accordance with
administrative agreements to be concluded between the sending States concerned.
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2 Until the entry into force of the administrative agreements referred to in paragraph
1 of this Article, the agreements between the sending States concerned governing the
exercise of rights and the fulfilment of obligations at the time of the entry into
force of the present Agreement shall remain applicable in the fields to which they
relate, unless the sending State concerned notifies the other sending State concerned
and the Federal Republic of its intention no longer to apply the latter agreements.
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1 Members of a force, of a civilian component and dependents shall be exempt from German
regulations in the field of registration of residence (Meldewesen) and aliens' control
(Ausländerpolizei), except with respect to registration in hotels and similar establishments
(Beherbergungsstätten).
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2 The authorities of a force shall keep up-to-date records of all members of the civilian
component and of all dependents. At the request of the German authorities, the reasons
for which shall be explained, the authorities of the force shall, in individual cases,
supply the information required under the regulations referred to in paragraph 1 of
this Article.
In applying international agreements or other provisions in force in the Federal territory
concerning residence (Aufenthalt) and settlement (Niederlassung), insofar as they
relate to repatriation, to expulsion, to the extension of residence permits or to
gainful occupation, periods of time spent in the Federal territory by any person as
a member of a force or of a civilian component or as a dependent shall be disregarded.
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1 When a competent German authority intends to take one of the measures within the competence
of the receiving State and set forth in the first sentence of paragraph 5 of Article
III of the NATO Status of Forces Agreement, the authority concerned shall communicate
this intention to the competent authority of the sending State concerned, stating
the reasons invoked in support of the intended measure, and shall afford that authority
the possibility of making known its opinion or of itself taking such measures as it
might deem fitting within a reasonable period of time. The German authorities shall
give sympathetic consideration to any position which might be adopted by the sending
State and to any measures which may have been taken by the authorities of that State.
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2 Notification of intent to take one of the measures provided for in paragraph 5 of
Article III of the NATO Status of Forces Agreement shall be given by the Minister
of the Interior of the Land concerned, or, in the cases of Hamburg and Bremen, by
the Senator for Internal Affairs.
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1 A licence or other permit issued to a member of a force or of a civilian component
by an authority of a sending State empowering the holder to operate service vehicles,
vessels or aircraft is valid for the operation of such vehicles, vessels or aircraft
in the Federal territory. Driving licences for service vehicles shall also authorise,
to the extent that this is permissible under the law of the sending State, the operation
of corresponding private vehicles. The authorities of the sending State or of its
force shall be empowered on the basis of such driving licences to issue driving licences
to operate corresponding private vehicles.
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3
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a) A member of a force or of a civilian component, or a dependent may, with the approval
of the authorities of a force, apply for a German driving licence empowering the holder
to operate private motor vehicles. Such licences shall be issued by the competent
German authorities in accordance with applicable German regulations.
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b) Driver instruction for persons seeking a licence under this paragraph may take place
in driving schools operated by the force, provided that the instructors in such schools
have professional qualifications in accordance with the regulations of the sending
State concerned. Instructors shall possess a certificate issued by the authorities
of the force, together with a German translation, allowing them to instruct learner
drivers; they shall carry this certificate with them while instructing. Persons who
have not been trained as driving instructors may not be engaged in that capacity in
a driving school of the force.
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c) The content of written and practical driving tests given to persons seeking a driving
licence under this paragraph shall be determined by the German authorities after consultation
with the authorities of the force. The German authorities shall have the right, after
consultation with the authorities of the force, to ensure that the tests are properly
administered.
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d) Persons who, on the date the Agreement of 18 March 1993 to amend the present Agreement
entered into force, had started driving instruction in accordance with paragraph 3
of Article 9 as in force immediately prior to that date, or who at the conclusion
of their training had not taken a driving test, may continue to be instructed and
tested in accordance with the former provisions; they may be issued driving licences
in accordance with those provisions.
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5
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(a) The authorities of a force shall ensure that the persons operating the service vessels
referred to in paragraph 1 of this Article, when navigating in inland waters, possess
adequate knowledge of the particular waters to be navigated and of the relevant river
police regulations.
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(b) Only certificates of qualification issued by the competent German civilian authority
on the basis of the regulations applicable in the Federal Republic shall be valid
for the operation of non-service inland watercraft of the force. Regulations applicable
within the scope of international agreements shall remain unaffected.
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6
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a) The authorities of a force shall withdraw driving licences valid in the Federal territory
in accordance with paragraph 1 of this Article or certificates mentioned in paragraph
2 of this Article, if there is reasonable doubt concerning the holder's reliability
or fitness to operate a motor vehicle. They shall give sympathetic consideration to
requests made by the German authorities for the withdrawal of such driving licences
or certificates. Driving licences or certificates may be re-issued if this is necessary
for urgent military reasons or to enable the holders to leave the Federal territory.
The authorities of a force shall notify the German authorities of all withdrawals
made in accordance with this sub-paragraph and of all cases where, after such withdrawal,
a driving licence or certificate has been reissued.
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b) In cases where German courts exercise jurisdiction in accordance with Article VII
of the NATO Status of Forces Agreement and Articles 17,18 and 19 of the present Agreement,
provisions of German criminal law relating to the withdrawal of permission to drive
remain applicable with respect to driving licences referred to in the second sentence
of paragraph 1 of this Article, to the extent that they apply to the right to operate
private motor vehicles, and to the licences referred to in the third sentence of paragraph
1 and in paragraph 2 of this Article. Withdrawal of permission to drive shall be recorded
in the driving licence, which shall remain in the possession of the holder.
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c) Sub-paragraphs a) and b) shall apply mutatis mutandis to the driving licences issued under paragraph 3 of the version of this Article that
was in force until the date the Agreement of 18 March 1993 to amend the present Agreement
entered into force.
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7
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(a) Sub-paragraph a) of paragraph 6 of this Article shall apply mutatis mutandis to the pilot's licences referred to in paragraph 4.
-
(b) At the request of the German authorities, the authorities of the force shall take
such action as may be necessary vis-a-vis holders of the pilot's licences valid in
the Federal territory in accordance with paragraph 1 of this Article who fail to observe
air traffic rules.
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1 The authorities of a force may register and license motor vehicles and trailers of
the force or the civilian component, of members of the force or of the civilian component,
or of dependents. Subject to the regulations applicable within the scope of international
agreement, the same shall apply to vessels of a force. Aircraft of a force or of a
civilian component, of members of a force or of a civilian component, or of dependents
shall be registered and licensed by the authorities of the sending State in accordance
with the applicable international regulations.
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1bis In individual cases, the competent German Authorities may in addition authorise German
licence plates for specific vehicles. Paragraph 1 of Article 11 of the present Agreement
shall remain unaffected. In the cases referred to in the first sentence of paragraph
2 of Article 11, the guarantee provided by the insurer or by the association of insurers
must also extend to damage incurred in states or territories which vehicles provided
with official German licence plates may enter without verification of insurance cover
(cases of damage within the meaning of paragraph 2 of Article 2 of Directive 72/166/EEG
of 24 April 1972 as amended). A special certificate shall be issued or an entry made
in the registration document concerning the right to carry the German licence plate.
Further details shall be agreed between the German authorities and the authorities
of the force.
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1ter The German authorities may require that registration in accordance with paragraphs
1 and 1 bis of this Article be notified by the authorities of the force to the competent German
authorities for their records. Further details, in particular which registration data
will be notified, shall be agreed between the German authorities and the authorities
of the force.
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1quater Motor vehicles and trailers registered and licensed in accordance with paragraph 1
of this Article, or used by a force in the Federal territory, shall be subject at
regular intervals to a technical inspection. The German authorities may require that
German inspectors verify whether stations or workshops of the sending States, which
carry out technical inspections of private motor vehicles and trailers, are qualified
to conduct such inspections. In addition, they may inspect those vehicles there with
respect to their roadworthiness. These provisions are without prejudice to the possibility
of having vehicles examined or inspected in German inspection facilities in accordance
with German regulations.
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3 Motor vehicles, trailers, vessels and aircraft registered and licensed in accordance
with paragraph 1 of this Article or used by a force in the Federal territory shall
bear a distinctive nationality mark, in addition to a registration number or other
appropriate identification mark. Identification marks on private motor vehicles and
trailers shall be clearly distinct from those used on service vehicles and trailers.
The authorities of a force shall inform the German authorities of the identifications
system used for motor vehicles, trailers and vessels registered and licensed by them.
At the request of the German authorities, the reasons for which shall be explained,
the authorities of the force shall, in individual cases, supply the names and addresses
of persons in whose names private motor vehicles, trailers or aircraft have been registered
or licensed in accordance with paragraph 1 of this Article.
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4 The registration certificate for a private motor vehicle or trailer shall show the
registration number, the name or the trademark of the maker of the vehicle, the maker's
identification or serial number, the date of first registration in the Federal territory
and the full name of the holder. The certificate shall be provided with a German translation.
The registration certificate for private aircraft shall be based on the Standards
and Recommended Practices of the International Civil Aviation Organization. Non-service
inland watercraft of a force with a displacement of fifteen tons or over shall carry
on board a certificate of serviceability which may be issued by the authorities of
the force.
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5 The authorities of a force shall take adequate safety measures with respect to motor
vehicles, trailers, vessels and aircraft registered and licensed by them or used by
the force in the Federal territory.
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1 Members of a force, of a civilian component and dependents shall use or permit to
be used in the Federal territory private motor vehicles, trailers and aircraft only
if risks arising out of such use are covered by third-party liability insurance in
accordance with German law.
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2 Third-party liability insurance of a private motor vehicle, trailer or aircraft to
be licensed by the authorities of a force may be effected with any insurance enterprise
authorized to carry on the business activity of third-party liability insurance in
a sending State, provided that in addition to such enterprise an insurer, or association
of insurers, authorized to do business in the Federal territory assumes the third-party
liability insurance obligations in respect of damage incurred in the Federal territory.
The requirements of German law with respect to any third person suffering injury or
damage shall not be affected by the conditions of such insurance.
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2 The authorities of the force shall issue regulations, which shall conform to the German
law on self-defence (Notwehr), on the use of arms by the persons authorized in accordance
with paragraph 1 of this Article.
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1 Except where expressly provided otherwise, international agreements or other provisions
in force in the Federal territory concerning social security, including social and
medical assistance, shall not apply to members of a force or of a civilian component
or to dependents. However, rights and obligations of such persons in the field of
social security which have arisen during previous presence in the Federal territory
remain unaffected. Furthermore, the fact that a person belongs to one of the categories
referred to in the preceding sentences shall not preclude the possibility of his paying
contributions to the German social security (soziale Kranken- und Rentenversicherung)
for the purpose of continuing insurance on a voluntary basis (Weiterversicherung)
nor the possibility of his acquiring and asserting rights deriving from existing insurance.
Where a member of a force, of a civilian component or a dependent is granted exemption
from the production of a certificate of eligibility to marry, the fee payable, to
be determined in accordance with the scope and difficulties of the administrative
work involved, shall not exceed the sum of fifty Deutsche Mark.
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1 The obligation under German law to report births and deaths to a German registrar
shall not apply either with respect to a child born to, or with respect to the death
of, a member of a force or of a civilian component or a dependent; where, however,
such birth or death is reported to a German registrar, registration shall take place
in accordance with the provisions of German law.
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1 The military authorities of a sending State shall have the right, in accordance with
applicable regulations of such sending State, to take charge and dispose of the remains
of members of the force or of the civilian component and of dependents in the event
of their death in the Federal territory and to perform such autopsy as may be required
for medical reasons or purposes of criminal investigation. Requests by German authorities
that an autopsy be performed shall be granted; in the case of autopsies carried out
for medical reasons this shall only apply insofar as such an autopsy is admissible
under the law of the sending State. A German medical officer of the court (Gerichtsarzt)
or a public health officer (Amtsarzt) may be present during the autopsy. In the case
of an autopsy for the purposes of a German criminal investigation this right shall
extend to a German judge or public prosecutor, whose advice concerning the requirements
of German criminal procedure in the case of autopsies shall be taken into consideration.
In cases where a German court or authority is competent to order an autopsy, the second,
third, and fourth sentences of this paragraph shall apply mutatis mutandis if the military authorities of a sending State have an interest in the results of
such an autopsy.
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2 Where so authorized by the law of a sending State, the military authorities of that
State shall have the right to take possession of the personal property of the deceased
within the Federal territory and to apply it, in the first place, to the payment of
any preferential charges which may be prescribed by the law of that sending State
and, in the second place, to the settlement of any other debts incurred in the Federal
territory and for which there exists a legal obligation to pay in that territory and
thereafter to dispose of the remainder in accordance with the law applicable to the
estate of the deceased. The provisons of this paragraph shall not apply if the deceased
was a German.
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1 Where, in order to decide upon the authority competent to exercise jurisdiction with
respect to an offence, it is necessary to determine whether an act is punishable by
the law of a sending State, the German court or authority dealing with the case shall
suspend the proceedings and shall notify the competent authority of the sending State.
The appropriate authority of the sending State may, within twenty-one days after receipt
of the notification, or at any time if such notification has not yet been made, submit
to the German court or authority a certificate stating whether or not the act is punishable
by the law of the sending State. If the certificate is affirmative on this point,
it shall specify the provision or legal basis under which the act is punishable, as
well as the penalty prescribed.
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2 The German court or authority shall make its decision in conformity with the certificate.
In exceptional cases, however, such certificate may, at the request of the German
court or authority, be made the subject of review through discussions between the
Federal Government and the diplomatic mission in the Federal Republic of the sending
State.
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3 If it is to be determined whether an offence is punishable under German law, the procedure
provided in paragraphs 1 and 2 of this Article shall apply mutatis mutandis with respect to the offence, the certificate being then issued by the supreme competent
administrative authority of the Federal Republic or of the German Land concerned.
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1 Whenever, in the course of criminal proceedings against a member of a force or of
a civilian component, it becomes necessary to determine whether an offence has arisen
out of any act or omission done in the performance of official duty, such determination
shall be made in accordance with the law of the sending State concerned. The highest
appropriate authority of such sending State may submit to the German court or authority
dealing with the case a certificate thereon.
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2 The German court or authority shall make its decision in conformity with the certificate.
In exceptional cases, however, such certicate may, at the request of the German court
or authority, be made the subject of review through discussions between the Federal
Government and the diplomatic mission in the Federal Republic of the sending State.
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1 The authorities of a sending State shall notify the competent German authorities without
delay in the event that they decide, in exercising jurisdiction under Article VII
of the NATO Status of Forces Agreement, to undertake a prosecution which may lead
to the imposition of the death penalty.
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1 At the request of a sending State, the Federal Republic shall, within the framework
of sub-paragraph (c) of paragraph 3 of Article VII of the NATO Status of Forces Agreement,
waive in favour of that State the primary right granted to the German authorities
under sub-paragraph (b) of paragraph 3 of that Article in cases of concurrent jurisdiction, in accordance
with paragraphs 2, 3, 4 and 7 of this Article. The waiver granted under this paragraph
shall not extend to cases notified under paragraph 1 of Article 18A of the present
Agreement.
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2 Subject to any particular arrangements which may be made under paragraph 7 of this
Article, the military authorities of the sending States shall notify the competent
German authorities of individual cases falling under the waiver provided in paragraph
1. Without prejudice to any other notification requirements under either the NATO
Status of Forces Agreement or the present Agreement, the military authorities of the
sending State shall notify the competent German authorities when they intend to exercise
the primary right of jurisdiction granted under sub-paragraph a) of paragraph 3 of
Article VII of the NATO Status of Forces Agreement with respect to individual offences
referred to in sub-paragraph a) of paragraph 2 of the Section of the Protocol of Signature
referring to this Article.
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3 Where the competent German authorities hold the view that interests of German administration
of justice make imperative the exercise of German jurisdiction, they may recall the
waiver granted under paragraph 1 of this Article by a statement to the competent military
or civil authorities within a period of twenty-one days after receipt of the notification
envisaged in paragraph 2 of this Article or any shorter period which may be provided
in arrangements made under paragraph 7 of this Article. The German authorities may
also submit the statement prior to receipt of such notification.
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4 If, pursuant to paragraph 3 of this Article, the competent German authorities have
recalled the waiver in a specific case and in such case an understanding cannot be
reached in discussions between the authorities concerned, the diplomatic mission in
the Federal Republic of the sending State concerned may make representations to the
Federal Government. The Federal Government, giving due consideration to the interests
of German administration of justice and to the interests of the sending State, shall
resolve the disagreement in the exercise of its authority in the field of foreign
affairs.
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5
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(a) With the consent of the German authorities, the military authorities of a sending
State which has requested the waiver under paragraph 1 of this Article may transfer
to the German courts or authorities for investigation, trial and decision, particular
criminal cases in which jurisdiction rests with that State.
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(b) With the consent of the military authorities of a sending State which has requested
the waiver under paragraph 1 of this Article, the German authorities may transfer
to the military authorities of that State for investigation, trial and decision, particular
criminal cases in which jurisdiction rests with the Federal Republic.
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6
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a) Where a German court or authority exercises exclusive jurisdiction under sub-paragraph
b) of paragraph 2 of Article VII of the NATO Status of Forces Agreement, a copy of
any document served on the accused shall be delivered, upon special or general request
of the sending State concerned, to a liaison agency established or designated by each
of the sending States.
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b) German courts or authorities may request the liaison agency to ensure service of documents
in criminal proceedings on members of a force, of a civilian component, or on dependents.
The provisions of sub-paragraph b) of paragraph 1 of Article 32 of the present Agreement
shall apply mutatis mutandis to this paragraph.
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7 In the implementation of the provisions of this Article and to facilitate the expeditious
disposal of offences of minor importance, arrangements may be made between the military
authorities of a sending State or States and the competent German authorities. These
arrangements may also extend to dispensing with notification and to the period of
time referred to in paragraph 3 of this Article within which the waiver may be recalled.
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2 If there is danger in delay and a German public prosecutor or German police officer
cannot be called in time, the military authorities of a sending State may, without
a warrant of arrest, take into temporary custody a person not subject to their jurisdiction
if there are strong reasons to suspect (dringender Verdacht) that such person has
committed or is making a punishable attempt to commit an offence within, or directed
against, an installation of that State, or an offence punishable under Article 7 of
the Fourth Law Amending the Criminal Law dated 11 June 1957 (Bundesgesetzblatt Teil
I, page 597) in conjunction with Sections 99, 100, 100c, 100d, 100e, 109f, 109g and 363, of the German Criminal Code, or under such legislation as may replace these
provisions in future. This provision shall apply only if the person in question is
a fugitive from justice or in hiding or if there are good reasons to fear that he
is seeking to evade criminal proceedings consequent upon the commission of such offence
or punishable attempt.
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3 In cases falling within paragraph 1 or 2 of this Article the military authorities
may, to such extent as may be necessary, disarm the person so taken into temporary
custody, and may search him and seize any items in his possession which may serve
as evidence for the purposes of the investigation of the suspected or alleged offence.
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4 The military authorities shall, without delay, deliver any person taken into temporary
custody in accordance with this Article, together with any weapons or other items
so seized, to the nearest German public prosecutor or police officer or judge or to
the military authorities of the sending State to whose force or civilian component
the person belongs either as a member or as a dependent of such member.
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1 Where an investigation is initiated or an arrest made by a German authority in respect
of an act punishable under Article 7 of the Fourth Law Amending the Criminal Law dated
11 June 1957 (Bundesgesetzblatt Teil I, page 597) or under such legislation as may
replace that Article in future, the German authorities conducting the investigations
shall notify the military authorities of the sending State concerned without delay.
The same shall apply if a German authority initiates an investigation or makes an
arrest in respect of an act otherwise directed against the security of a sending State
or of its force.
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2 Where an investigation is initiated or an arrest made in the Federal territory by
a competent authority of a sending State in respect of an act committed in the Federal
territory and relating to matters affecting the security of the Federal Republic,
this authority shall inform the German authorities without delay.
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1
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(a) Where jurisdiction is exercised by the authorities of a sending State, custody of
members of the force, of the civilian component, or dependents shall rest with the
authorities of that State.
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(b) Where jurisdiction is exercised by the German authorities, custody of members of a
force, of a civilian component, or dependents shall rest with the authorities of the
sending State in accordance with paragraphs 2 and 3 of this Article.
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2
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(a) Where the arrest has been made by the German authorities, the arrested person shall
be handed over to the authorities of the sending State concerned if such authorities
so request.
-
(b) Where the arrest has been made by the authorities of a sending State, or where the
arrested person has been handed over to them under sub-paragraph (a) of this paragraph, they
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(i) may transfer custody to the German authorities at any time;
-
(ii) shall give sympathetic consideration to any request for the transfer of custody which
may be made by the German authorities in specific cases.
-
(c) In respect of offences directed solely against the security of the Federal Republic,
custody shall rest with the German authorities in accordance with such arrangements
as may be made to that effect with the authorities of the sending State concerned.
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3 Where custody rests with the authorities of a sending State in accordance with paragraph
2 of this Article, it shall remain with these authorities until release or acquittal
by the German authorities or until commencement of the sentence. The authorities of
the sending State shall make the arrested person available to the German authorities
for investigation and criminal proceedings (Ermittlungs- und Strafverfahren) and shall
take all appropriate measures to that end and to prevent any prejudice to the course
of justice (Verdunkelungsgefahr). They shall take full account of any special request
regarding custody made by the competent German authorities.
Where a person is arrested in any case referred to in paragraph 1 of Article 21 of
the present Agreement, a representative of the sending State concerned shall have
access to that person. Where a person arrested in any case referred to in paragraph
2 of that Article is held in custody by the authorities of a force, a German representative
shall have a corresponding right to the extent to which the sending State avails itself
of the right of access afforded by the first sentence of this Article. The German
authorities and the military authorities of the sending State shall conclude such
arrangements as may be required for the implementation of this Article. A representative
of the State which has custody may be present when the right of access is exercised.
At the request of the Federal Republic or of a sending State, the German authorities
and the authorities of that State shall conclude arrangements to facilitate the fulfilment
of the obligation of mutual assistance provided for in sub-paragraph (a) of paragraph
5 and subparagraph (a) of paragraph 6 of Article VII of the NATO Status of Forces
Agreement.
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1
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(a) Where criminal jurisdiction over a member of a force or of a civilian component or
a dependent is exercised by a German court or a German authority, a representative
of the sending State concerned shall have the right to attend the trial. Where an
offence is solely directed against the security of the Federal Republic, or against
any property within the Federal Republic, or against a German or a person present
in the Federal territority, and jurisdiction is exercised in the Federal Republic
by a court or authority of a sending State, a German representative shall have the
right to attend the trial.
-
(b) For the purpose of the provisions set forth in sub-paragraph (a) of this paragraph
-
(i) the expression “property within the Federal Republic” shall not include property belonging
either to a force or a civilian component or to a member of a force or of a civilian
component or to a dependent;
-
(ii) the expression “a person present in the Federal territory” shall not include a member
of a force or of a civilian component or a dependent.
-
(c) The provisions set forth in sub-paragraph (a) of this paragraph shall not apply if the attendance of a national representative
is incompatible with the security requirements of the State exercising jurisdiction
which are not at the same time security requirements of the other State.
-
(d) German courts and authorities on the one hand, and the courts and authorities of the
sending State on the other hand, shalle give each other timely notification of place
and time of the trial.
-
2 Under the conditions stated in paragraph 1 of this Article a representative of the
sending State shall also have a right to attend interrogations and other pre-trial
investigations to such extent as may be agreed between the authorities of that State
and those of the Federal Republic. If such arrangements are concluded, they shall,
under the conditions stated in paragraph 1, give to a German representative a right
corresponding to that of the representative of the sending State, and shall provide
procedures for reciprocal notification.
-
2 Where the trial is held outside the Federal territory the authorities of the sending
State shall inform the German authorities of the place and date of the trial. A German
representative shall be entitled to be present at the trial, except where his presence
is incompatible with the rules of the court of the sending State or with the security
requirements of that State, which are not at the same time security requirements of
the Federal Republic. The authorities of the sending State shall inform the German
authorities of the judgment and of the final outcome of the proceedings.
Article 27
[Vervallen per 29-03-1998]
-
primo In accordance with the provisions of paragraph 4bis of the Section of the Protocol of Signature referring to Article 53 of the present
Agreement, and without prejudice to the provisions of sub-paragraph a) of paragraph
10 of Article VII of the NATO Status of Forces Agreement, German police may exercise
their authority within accommodation made available to a force or a civilian component
for its exclusive use to the extent that the public order and safety of the Federal
Republic are jeopardized or violated. Where a criminal prosecution measure (Strafverfolgungsmassnahme)
is to be carried out within such accommodation, the sending State, following consultation
with the German authorities concerning the modalities, may also have the measure carried
out by its own police. In this case, the measure shall be carried out without delay
and, where desired by the German side, in the presence of representatives of German
authorities.
-
1 The military police of a force shall have the right to patrol on public roads, on
public transport, in restaurants (Gaststätten) and in all other places to which the
public has access and to take such measures with respect to the members of a force,
of a civilian component or dependents as are necessary to maintain order and discipline.
Insofar as it is necessary or expedient the details of the exercise of this right
shall be agreed upon between the German authorities of the force, who maintain close
mutual liaison.
-
2 If public order and safety are endangered or disturbed by an incident in which members
of a force or of a civilian component or dependents are involved, the military police
of a force shall, if so requested by the German authorities, take appropriate measures
with respect to such persons to maintain or restore order and discipline.
-
1 The Federal Republic shall bring about such legislative measures as it deems necessary
to ensure the adequate security and protection within its territory of the forces,
of the civilian components and of their members. This shall also apply to the Armed
Forces of a sending State stationed in Berlin, to the civilian component thereof and
to their members with regard to offences committed within the Federal territory.
-
3 For the purposes of sub-paragraph (a) of paragraph 2 of this Article, the term “military secrets” shall mean such facts,
objects, conclusions and discoveries, in particular writings, drawings, models, formulae,
or information about them, as concern defence and are kept secret by an agency of
a sending State located on Federal territory or in Berlin out of consideration for
the security of that State or of its force, or its Armed Forces stationed in Berlin.
The term shall not include objects in respect of which the decision about keeping
them secret is a matter for the Federal Republic, or information concerning such objects.
To facilitate the implementation of Article VII of the NATO Status of Forces Agreement
and the provisions of the present Agreement supplementary thereto, and to ensure their
uniform application, Mixed Commissions composed of a German representative to be appointed
by the Federal Government and a representative of the sending State concerned shall
be constituted at the request of either party. The task of these Mixed Commissions
shall be to discuss questions submitted to them by the Federal Government or the highest
authority of the force concerned with respect to the application of the provisions
referred to in this Article. The German authorities and the authorities of the sending
State shall give sympathetic consideration to any joint recommendation made by a Mixed
Commission.
With respect to the exemption from the obligation to post security for costs, members
of a force or of a civilian component shall enjoy the rights determined in agreements
in force in this field between the Federal Republic and the sending State concerned.
The presence on duty of such persons in the Federal territory shall, in the application
of such agreements, be deemed to be residence therein.
-
1
-
(a) The German courts or authorities may request a liaison agency established or designated
by each of the sending States to ensure service of documents arising in non-criminal
proceedings upon members of a force, of a civilian component, or on dependents.
-
(b) Receipt of an application submitted by a German court or authority for service shall
be acknowledged by the liaison agency without delay. Service shall be effective when
the document to be served is delivered to the addressee by his unit commander or by
a representative of the liaison agency. Notification in writing that service has been
effected shall be given without delay to the German court or authority.
-
(c)
-
(i) Where service cannot be effected, the liaison agency shall notify the German court
or authority in writing of the reasons therefor and, if possible, of the date on which
service can be effected. Service shall be deemed to have been effected, if, upon the
expiry of a period of twenty-one days from the date of receipt by the liaison agency,
the German court or authority has received neither notification in writing that service
has been effected in accordance with sub-paragraph b) of this paragraph nor any communication
stating that it has not been possible to effect service.
-
(ii) Service shall not, however, be deemed to have been effected if the liaison agency
notifies the German court or authority prior to the expiry of the period of twenty-one
days that it has not been possible to effect service.
-
(iibis) If the person to be served has permanently left the Federal Republic, the liaison
agency shall notify the German court or authority immediately of this fact and, taking
into account the provisions of paragraph 3 of Article 3 of the present Agreement,
shall render the German court or authority all assistance in its power.
-
(iii) In the case specified in item (ii) of this sub-paragraph, the liaison agency may also
request the German court or authority to extend the period stating in such request
the reasons therefor. If this request for extension is accepted by the German court
or authority, items (i) and (ii) shall be applicable mutatis mutandis to the period so extended.
-
2 When a German process server (deutscher Zusteller) serves directly a plaint or other
document or court order initiating non-criminal proceedings before a German court
or authority, the German court or authority shall so notify the liaison agency in
writing prior to or immediately upon the service of process. The contents of the written
notification shall be in accordance with Section 205 of the Code of Civil Procedure
(Zivilprozessordnung) and, in case of dependents, to the extent permitted by law.
-
3 Where a German court or authority serves a judgement or a document in appellate proceedings
(Rechtsmittelschrift), the liaison agency shall, upon special or general request of
the sending State concerned, be notified thereof immediately to the extent permitted
by law except where the liaison agency itself is requested to effect such service,
or where the addressee or another party to the proceedings objects. The German court
or authority shall inform the liaison agency of any objection.
If members of a force, of a civilian component, or dependents are temporarily prevented
from attending non-criminal proceedings to which they are parties and if the competent
German court or authority is so notified without undue delay, due account shall be
taken thereof in order that they shall suffer no legal prejudice to their interests.
Such notification may also be given by the liaison agency.
-
1 The military authorities shall render all assistance in their power to secure compliance
with judgments, decisions, orders and settlements (vollstreckbare Titel) in non-criminal
proceedings of German courts and authorities.
-
2
-
a) A member of a force or of a civilian component or a dependent may be deprived of his
personal liberty by a German authority or court in non-criminal proceedings only to
punish contempt of court or to secure compliance with a judicial or administrative
decision or order that he culpably has failed or fails to obey. Deprivation of liberty
shall not be authorised in respect of an act or omission done in the performance of
official duty. A certificate by the highest appropriate authority of the sending State
stating that the act or omission concerned was done in the performance of official
duty shall be binding on German agencies. In other cases the German agencies shall
give due consideration to representations of the highest appropriate authority of
the sending State that compelling interests contravene such deprivation of liberty.
-
b) A deprivation of liberty pursuant to this paragraph may take place only after the
military authorities have arranged, if they find it necessary, for the replacement
of the individual concerned. The military authorities shall take all necessary and
reasonably acceptable measures to this end without delay, and render all assistance
within their power to the German authorities responsible for enforcing an order or
decision in accordance with this paragraph.
-
c) When a deprivation of liberty in accordance with this paragraph is to take place within
accommodation made available for the exclusive use of the force or of the civilian
component, the sending State, following consultation with the German court or authority
concerning the modalities, may also have the measure carried out by its own police.
In this case the deprivation of liberty shall take place without delay, and, to the
extent desired by the German side, in the presence of representatives of the German
court or authority.
-
3 A payment due to a member of a force or of a civilian component from his Government
shall be subject to attachment, garnishment or other form of execution ordered by
a German court or authority to the extent permitted by the law applicable in the territory
of the sending State. Assistance under paragraph 1 of this Article shall also include
providing information on possible execution against pay already disbursed.
-
4 Where the enforcement of a judgment, decision, order and settlement in non-criminal
proceedings of a German court or authority is to take place within an installation
of a force, such enforcement shall be effected by a German enforcement officer in
the presence of a representative of the force.
Where a judgment, decision, order and settlement (vollstreckbarer Titel) of a German
court or authority is to be enforced against a debtor to whom a payment is due in
respect of employment with a force or civilian component in accordance with the provisions
of Article 56 of the present Agreement or in respect of direct deliveries or services
to a force or a civilian component, the following provisions shall apply:
-
(a) Where such a payment is made through a German authority and that authority has been
requested by an enforcing agency to make the payment to the judgment creditor instead
of to the debtor, that authority shall be entitled to comply with such request within
the scope of the provisions of German law.
-
(b)
-
(i) Where such a payment is not made through a German authority, the authorities of the
force or of the civilian component, unless prohibited by the law of the sending State,
shall upon request by an enforcing agency deposit with the competent agency out of
the sum admitted to be owing to the debtor the sum admitted to be owing to the debtor
the sum specified in the request. Such deposit shall operate as a discharge of the
force or of the civilian component from its obligation to the debtor to the extent
of the amount deposited.
-
(ii) Insofar as the law of the sending State concerned prohibits the payment referred to
in item (i) of this sub-paragraph, the authorities of the force or of the civilian
component shall take all appropriate measures to assist the enforcing agency in the
execution of the judgment, decision, order or settlement in question.
-
1 Service of documents upon members of a force or of a civilian component or on dependents
by publication shall, in additon, be effected by publication of an extract from the
document to be served in a journal to be named by, and in the language of, the sending
State, or if the sending State so decides, by posting the appropriate liaison office.
-
2 Where service of any document is to be effected by a German process server upon any
person who is inside an installation of a force, the authority of the force responsible
for the administration of the installation shall take all measures necessary to enable
the German process server to effect such service.
-
1 Where a member of a force or of a civilian component or a dependent is summoned to
appear before a German court or authority, the military authorities, unless military
exigency requires otherwise, shall take all measures within their authority to secure
his attendance provided such attendance is compulsory under German law. If the summons
is not served through the liaison agency, the latter shall be informed immediately
of the summons by the German court or authority, which shall give the name of the
addressee and his address, as well as the time and place of the hearing or taking
of evidence; this does not apply in the case of dependents if the military authorities
cannot give effective support to German authorities to secure attendance.
-
2 Where persons whose attendance cannot be secured by the military authorities are required
as witnesses or experts by a court or a military authority of a sending State, the
German courts and authorities shall, in accordance with German law, secure the attendance
of such persons before the court or military authority of that State.
-
1 If in the course of criminal or non-criminal proceedings or hearings before a court
or authority of a force or of the Federal Republic it appears that the disclosure
of an official secret of either of the States concerned, or the disclosure of any
information which could prejudice the security of either of them might result, the
court or the authority shall, prior to taking further action, seek the written consent
of the appropriate authority to the disclosure of the official secret or information.
In the event that the appropriate authority advances considerations against disclosure,
the court or authority shall take all steps in its power, including those to which
paragraph 2 of this Article relates, to prevent such disclosure, provided no constitutional
right of any party to the proceedings is thereby impaired.
-
2 The provisions of Sections 172 to 175 of the German Judicature Act (Gerichtsverfassungsgesetz)
on the exclusion of the public from hearings in criminal and non-criminal proceedings,
and of Section 15 of the German Code of Criminal Procedure on the transfer of criminal
proceedings to a court in a different district, shall be applied mutatis mutandis in cases before German courts and authorities where there is a threat to the security
of a force or of a civilian component.
Privileges and immunities of witnesses, injured persons and experts shall be those
accorded by the law of the court or authority before which they appear. The court
or authority shall, however, give appropriate consideration to the privileges and
immunities which witnesses, injured persons and experts, if they are a member of a
force or of a civilian component or dependents, would have before a court of a sending
State or, if they do not belong to these categories of persons, would have before
a German Court.
Subject to any provision to the contrary in the NATO Status of Forces Agreement or
in the present Agreement, archives, documents, official mail recognizable as such
and property of a force shall be immune from search, seizure or censorship by the
German authorities except where immunity is waived.
-
1 The settlement of claims in respect of damage caused by acts or omissions of a force,
a civilian component or their members, or by other occurrences for which a force or
a civilian component is legally responsible, shall be governed by the provisions of
Article VIII of the NATO Status of Forces Agreement and the provisions of this Article
supplementary thereto.
-
3
-
(a) The Federal Republic shall waive all its claims against a sending State in respect
of loss of, or damage to, property owned by the Federal Republic and made available
for the exclusive use of the force or of the civilian component. This shall apply
equally if such property is made available for use by the forces of several sending
States or is used by the force of one or more sending States jointly with the German
Armed Forces. This waiver shall not apply to damage caused wilfully or by gross negligence,
nor to damage to the property of the German Federal Railways or German Federal Post.
-
(b) The provisions of sub-paragraph (f) of paragraph 2 of Article VIII of the NATO Status of Forces Agreement shall not
apply to loss of or damage to property owned by the German Federal Railways or the
German Federal Post nor to damage to Federal roads.
-
5 Each sending State shall waive all its claims against the Federal Republic in respect
of loss of or damage to property owned by such sending State and caused by members
or employees of the German Armed Forces in the performance of official duties or by
the use of vehicles, ships, or aircraft of the German Armed Forces, provided that
it is property used by the force or the civilian component of that State and that
it is located in the Federal territory. This waiver shall not apply to damage caused
wilfully or by gross negligence.
-
6 The provisions of paragraph 5 of Article VIII of the NATO Status of Forces Agreement
and of this Article shall not apply to damage suffered by members of a force or of
a civilian component and caused by acts or omissions of other members of the same
force or the same civilian component, or by other occurrences for which such force
or such civilian component is legally responsible.
-
7 The organizations referred to in paragraph 2 of Article 71 shall for the purpose of
the settlement of damage claims in accordance with Article VIII of the NATO Status
of Forces Agreement in conjunction with this Article be considered to be, and treated
as, integral parts of the force concerned unless it is agreed that any such organization
shall not enjoy in that respect exemption from German jurisdiction.
-
8 The liability of a force or of a civilian component shall not be affected by the fact
that such force or civilian component enjoys exemption from German regulations. Where
the German Armed Forces enjoy the same exemptions, compensation shall be payable only
if and to the extent that compensation is payable for damage caused by the latter.
-
9
-
(a) In cases where an occurrence causing damage to a third party and compensable under
paragraph 5 of Article VIII of the NATO Status of Forces Agreement has also given
rise to damage to the sending State concerned, and where the third party is liable
to compensate for such damage, the claim of the sending State is to be set off against
the claim of the third party.
-
(b) The Federal Republic shall, in accordance with administrative agreements, and at the
request of a sending State, assert for that State claims against persons resident
in the Federal territory and arising out of damage caused there to such State; this
shall not apply to contractual claims. Such expenses which the Federal Republic incurs
in asserting claims over and above the general costs of administration shall be reimbursed
by the sending State.
-
10 In respect of claims concerning damage to accommodation or loss of, or damage to,
movables, other than accommodation or movables owned by the Federation or by a Land,
which were made available for exclusive use by a force or a civilian component before
5 May 1955, and which are released by the force or the civilian component after the
entry into force of the present Agreement, compensation shall be borne by the Federal
Republic and the sending State concerned in equal parts.
-
11
-
(a) Except in cases where after inquiry of the forces concerned it is not possible to
establish to which of them the loss or damage is attributable, the force shall furnish
a certificate concerning the questions dealt with in paragraph 8 of Article VIII of
the NATO Status of Forces Agreement; it shall, at the request of the German authorities,
review such certificate if, during investigation of a claim, a German authority or
a German court considers that circumstances exist which would lead to an inference
different from that contained therein.
-
(b) If a difference of opinion remains that cannot be resolved in further discussions
between the two parties at higher level, the procedure provided in paragraph 8 of
Article VIII of the NATO Status of Forces Agreement shall be followed.
-
(c) The German authorities or courts shall make their decisions in conformity with the
certificate or the decision of the arbitrator respectively.
-
12
-
(a) The provisions of Article VIII of the NATO Status of Forces Agreement and of this
Article shall apply to those damages which are caused or which are deemed to be caused
after the entry into force of the present Agreement.
-
(b) Damages which were caused before the entry into force of the present Agreement, or
which are deemed to have been caused before that date, shall be dealt with in accordance
with the regulations which were until then applicable.
Article 42
[Vervallen per 29-03-1998]
-
1 In the fields of meteorology, geodesy, topography, hydrography and cartography, the
authorities of a force and the German authorities shall communicate to each other
information on all matters of importance for the common defence and shall exchange
all data necessary for this purpose.
-
2 The authorities of a force may, after timely notification to the German authorities,
make topographic, geodetic, hydrographic or engineering surveys or reconnaissances
in the interest of the common defence if special reasons of security or secrecy necessitate
this or if the German authorities are unable to carry out such projects to the extent
or within the time required. Representatives of the German authorities may be present,
unless prohibited by special reasons of secrecy, while any such survey is being made.
The German authorities shall, when necessary, use their powers under German law in
order to obtain authority for representatives of the force to enter property.
-
1 In the settlement of disputes arising from contracts concluded by the German authorities
for the account of the authorities of a force or of a civilian component there shall
at all times be close co-operation between those authorities, whether or not court
proceedings are involved. This shall apply mutatis mutandis to disputes arising out of work, personnel representation, or social insurance of
civilian labour with a force or a civilian component, as well as to disputes which
arise from procedures referred to in sub-paragraph (c) of paragraph 1 of Article 62
of the present Agreement. Details of such co-operation shall be laid down in administrative
agreements.
-
5
-
(a) The sending State concerned shall meet all the obligations laid upon, and shall enjoy
any benefits accruing to the Federal Republic as a result of judgments, decisions,
orders and settlements (vollstreckbare Titel) in the court proceedings arising from
disputes referred to in paragraph 1 of this Article.
-
(b) Where, solely as a result of a Federal authority at the highest level having confirmed
its essential interest in the lodging of a plaint or an appeal, the force or the civilian
component has raised no objection to that action being taken, and if the plaint or
appeal gives rise to additional costs in the court proceedings, agreement shall be
reached on a case to case basis as to whether and to what extent the obligations arising
from such court proceedings are chargeable to the sending State or to the Federal
Republic.
-
(c) Costs arising in connection with court proceedings which are not included in the costs
awarded by the court shall be paid by the sending State if the force or the civilian
component has given its agreement before the costs were incurred.
-
6
-
(a) Disputes arising from direct procurement by the authorities of a force or of a civilian
component of goods and services in the Federal territory shall be settled by German
courts or by an independent arbitration tribunal. Where the German courts are to decide
the dispute, the plaint shall be lodged against the Federal Republic, which shall
conduct the case in its own name in the interest of the sending State. Paragraphs
2, 4 and 5 of this Article shall apply mutatis mutandis as regards relations between the Federal Republic and the sending State.
-
(b) Agreements between the Federal Republic and a sending State shall, however, take precedence
over the provisions of sub-paragraph (a) of this paragraph.
-
1 Insofar as a force is not able to carry out its training programme on the accommodation
made available for its exclusive use without impairing the purposes of such training,
it shall on the basis of this Article, subject to the approval of the Federal Minister
of Defence, have the right to conduct manoeuvres and other training exercises outside
such accommodation in such measure as is necessary to the accomplishment of its defence
mission. The decision of the Federal Minister of Defence shall be made after giving
due consideration to all aspects arising from multilateral or bilateral agreements
to which the Federal Republic and one or more of the Sending States are party, including
training requirements laid down by the Supreme Allied Commander in Europe, other North
Atlantic Treaty Organization authorities, or by competent European authorities. The
conduct of or participation in manoeuvres and other training exercises in accordance
with this Article by elements of the force which come to the Federal Republic for
this purpose shall require the approval of the competent German authorities. The procedures
for notification, co-ordination and authorisation of manoeuvres and other training
exercises shall be regulated in a separate agreement.
-
2 The conduct of manoeuvres and other training exercises, in accordance with paragraph
1 of this Article, shall be governed by the relevant provisions of German law, in
particular the Federal Requisitioning Law of September 27,1961, as amended. The German
military authorities, upon the request of the authorities of a force, shall provide
or arrange to provide information about these provisions. The competent German authorities
shall discuss with the authorities of the sending States in good time prospective
fundamental amendments to provisions of German law that may substantially impair the
conduct of manoeuvres and other training exercises.
-
1 A force shall have, on the basis of this Article, subject to the approval of the competent
German authorities, the right to conduct manoeuvres and other training exercises in
the air space of the Federal Republic in such measure as is necessary to the accomplishment
of its defence mission. The decision of the competent German authorities shall be
made after giving due consideration to all aspects arising from multilateral or bilateral
agreements to which the Federal Republic and one or more of the sending States are
party, including training requirements laid down by the Supreme Allied Commander in
Europe, or other North Atlantic Treaty Organization authorities or by competent European
authorities.
-
2 The conduct of manoeuvres and other training exercises, in accordance with paragraph
1 of this Article, shall be governed by German regulations on the entry into and use
of German air space and the utilization of aviation installations and facilities which
fall within the scope of the Standards and Recommended Practices of the International
Civil Aviation Organization, as well as applicable notification, approval and co-ordantion
procedures contained in relevant laws, regulations and publications. The competent
German authorities shall discuss with the authorities of the sending States in good
time prospective amendments to German regulations or administrative provisions concerning
the entry into and use German air space and the utilization of aviation installations
and facilities. The Contracting Parties shall make use of competent organizations
in this field to discuss such amendments.
-
2 Having regard to any measures which may become necessary under the second sentence
of paragraph 2 of Article IX of the NATO Status of Forces Agreement, the authorities
of a force or of a civilian component shall, on request, inform the German authorities
of their requirements for defined categories of supplies.
-
3 A force or a civilian component may procure goods and services which they need either
direct, or, after prior agreement, through the appropriate German authorities. The
execution of transport services shall be governed by Article 57 of the present Agreement.
-
1
-
(a) The accommodation requirements of a force or of a civilian component shall be satisfied
only in accordance with the NATO Status of Forces Agreement and the provisions of
the present Agreement.
-
(b) The accommodation requirements of a force or of a civilian component shall be notified
to the Federal authorities in the form of periodic programmes. Outside such programmes,
the authorities of a force shall notify accommodation requirements only in cases of
urgency. Such notifications shall contain detailed specifications drawn up by the
force, including in particular the general area, size, proposed utilization, foreseeable
duration of the requirement and the dates by which the accommodation shall be made
available.
-
(c) Agreements shall be concluded between the authorities of a force or of a civilian
component and the German authorities on the satisfaction of accommodation requirements.
Such agreements shall also cover access to accommodation (roads, railways, or waterways)
and, where appropriate, the costs referred to in sub-paragraph (b) of paragraph 5 of Article 63. The measures to be taken in accordance with such agreements
shall be carried out by the German authorities.
-
(d) The German authorities shall, when requested, name the enterprises which are responsible
for supplying a force or a civilian component with water, gas, electricity, or for
sewage disposal, and with whom contracts could be concluded. Insofar as the requirements
of the force or of the civilian component cannot be satisfied by contracts between
the authorities of the force or of the civilian component and the enterprises concerned,
an agreement on the satisfaction of these requirements shall be concluded between
the German authorities and the authorities of the force or of the civilian component,
should the latter so request. The German authorities shall take appropriate measures
to ensure the implementation of this agreement, if necessary by the conclusion of
contracts.
-
3
-
(a) Agreements (Überlassungsvereinbarungen) shall be concluded in writing in respect of
the accommodation to be made available to a force or a civilian component pursuant
to paragraph 1 of this Article; such agreements shall contain data concerning size,
type, location, condition and equipment of the accommodation, as well as details concerning
its use. The accommodation shall be made available exclusively to the requiring force
or civilian component for occupancy and use insofar as it is not otherwise agreed
between the German authorities and the authorities of the force or of the civilian
component.
-
(b) Sub-paragraph (a) of this paragraph shall apply mutatis mutandis to accommodation which remains available to a force or a civilian component pursuant
to paragraph 2 of this Article.
-
4 A force or a civilian component shall be responsable for carrying out such repairs
and maintenance as are required to keep the accommodation made available to it in
a proper state of preservation, unless with respect to accommodation made available
against payment, the agreements concluded pursuant to sub-paragraph (a) of paragraph 3 of this Article provide otherwise.
-
3 Notwithstanding the provisions of paragraph 2 of this Article, the authorities of
a force or of a civilian component may carry out, in accordance with special administrative
agreements existing on the entry into force of the present Agreement or which are
concluded or amended thereafter, in consultation with the German authorities
-
a) repairs and maintenance work,
-
b) construction works which require special security measures,
-
c) very minor construction works;
and, in agreement with the German authorities
-
d) minor construction works,
-
e) exceptionally, construction works in other cases with their own personnel or by placing
contracts direct with contractors. In carrying out such works, the authorities of
the force or of the civilian component shall respect German building and environmental
regulations and shall ensure, in co-operation with the German authorities referred
to in paragraph 2 of this Article, that the necessary permissions are obtained. Furthermore
they shall take into consideration the principles applying in the Federal Republic
regarding public construction.
Fixtures, fittings and furnishings which are owned by the Federation may be transferred
within the Federal Republic from one unit of accommodation used by a force or a civilian
component to another, subject to the following restrictions:
-
(a) Articles of this kind, including those procured from occupation costs, mandatory expenditures
or support costs funds, which were included in the construction costs of accommodation
used by a force or a civilian component, shall be removed from such accommodation
only with the consent of the German authorities.
-
(b) The consent of the German authorities shall equally be obtained before fixtures, fittings
and furnishings which have been affixed to, or specially made to measure for a specific
unit of accommodation are removed. This shall not apply where such articles were procured
from occupation costs, mandatory expenditures or support costs funds; however, the
authorities of a force or of a civilian component shall, prior to the removal of such
articles, give the German authorities timely notification of their intention so as
to enable the latter, in appropriate cases, to propose an alternative solution.
-
1 Movable property procured from occupation costs, mandatory expenditures or support
costs funds shall, when the authorities of a force or of a civilian component establish
that such property is no longer required by them, be handed over to the German authorities
for disposal.
-
1 Where a sending State intends to release in whole or in part accommodation or other
property legally owned by the Federation or a Land (rechtlich im Eigentum des Bundes
oder eines Landes stehend) and made available to the force or to the civilian component
for use, agreement shall be reached between the authorities of the force or of the
civilian component and the German authorities concerning the residual value, if any,
remaining at the time of release in improvements which were financed by the sending
State out of its own funds. The sending State shall be reimbursed by the Federal Republic
for such agreed residual value. The first and second sentences of this paragraph shall
also apply to equipment and supplies procured by the sending State with its own funds
and which by agreement are to remain on such accommodation.
-
3 A sending State shall not be required to remove improvements, articles of equipment,
or supplies from accommodation or other property legally owned by the Federal Republic
or by a Land (rechtlich im Eigentum des Bundes oder eines Landes stehend). Where the
accommodation or other property is legally owned by a Land, the Federal Republic shall
relieve the sending State from the liability for any possible claim that may be due
to the Land under German law by reason of such non-removal.
-
4 A sending State shall not assert any claim in respect of the residual value of improvements
to property of the kind referred to in paragraph 1 of this Article or in respect of
improvements to property made available to the force or to the civilian component
for use free of charge and owned by juristic persons in which the Federation or a
Land financially participates, if the improvements have been financed out of funds
made available to the sending State by the Federation or a Land. This shall not affect
the setting off of the residual value of such improvements against compensation for
damage caused during the period of use of such property by the force or the civilian
component or during the removal of such improvements.
-
1 Within accommodation made available for its exclusive use, a force or a civilian component
may take all the measures necessary for the satisfactory fulfilment of its defence
responsibilities. German law shall apply to the use of such accommodation except as
provided in the present Agreement and other international agreements, and as regards
the organization, internal functioning and management of the force and its civilian
component, the members thereof and their dependents, and other internal matters which
have no foreseeable effect on the rights of third parties or on adjoining communities
or the general public. The competent German authorities and the authorities of a force
shall consult and co-operate to reconcile any differences that may arise.
-
2 The first sentence of paragraph 1 of this Article shall apply mutatis mutandis to measures taken in the air space above accommodation, provided that measures which
might interfere with air traffic are taken only in co-ordination with the German authorities.
The provisions of paragraph 7 of Article 57 of the present Agreement shall remain
unaffected.
-
2bis The use of major training areas, local training areas and local firing ranges by units
brougth to the Federal Republic for exercise and training purposes shall be subject
to prior notification to the competent German authorities for approval. Such use shall
be deemed approved unless the German authorities object within 45 days of receiving
notification. However, notification alone shall suffice for units of the forces of
a notifying State of up to 200 personnel which belong organically to a unit stationed
in the Federal Republic, or which are intended for reinforcement of units stationed
in the Federal Republic. For purposes of this Article, notice given to German authorities
during scheduling conferences shall suffice. Additional agreements may be concluded.
-
2ter Details of the use of major training areas, air-to-ground weapons ranges, local training
areas and local firing ranges, as well as the notification and approval set out in
paragraph 2 bis, shall be covered by administrative agreements to be reached at the
national level.
-
3 In carrying out the measures referred to in paragraph 1 of this Article, the force
or the civilian component shall ensure that the German authorities are enabled to
take, within the accommodation, such measures as are necessary to safeguard German
interests.
-
4 The German authorities and the authorities of the force or of the civilian component
shall co-operate to ensure the smooth implementation of the measures referred to in
paragraphs 1, 2 and 3 of this Article. The details of such co-operation are set forth
in paragraphs 5 to 7 of the Section of the Protocol of Signature referring to this
Article.
-
5 Where accommodation is used jointly by a force or a civilian component and the German
Armed Forces or German civilian agencies, the regulations required for such use shall
be laid down in administrative agreements or in special agreements in which appropriate
consideration shall be given to the position of the Federal Republic as receiving
State as well as to the defence responsibilities of the force.
-
1 Where German law applies in connection with the use of accommodation covered by Article
53 of the present Agreement, and requires that a special permit, licence or other
form of official permission be obtained, the German authorities shall, in co-operation
with the authorities of a force and following consultation with them, submit the necessary
applications and undertake the relevant administrative and legal procedures for the
force.
-
2 The provisions of paragraph 1 of this Article shall also apply when the decision is
contested by a third party, when measures or facilities are notifiable, and in cases
where the proceedings are instituted ex officio, in particular to safeguard public safety and order, or at the instigation of a third
party. In these instances German Federal authorities acting for the force shall defend
the interests of the force. If a permission applied for under paragraph 1 of this
Article is denied or is subsequently modified or rendered invalid in conformity with
German law, the authorities of the force and the German authorities shall consult
to develop alternative means of meeting the needs of the force consistent with the
requirements of German law.
-
1 Except as otherwise provided in this paragraph, the German regulations and procedures
for the prevention and control of infectious diseases of humans, animals and plants
as well as for the prevention and control of plant pests shall apply to a force and
a civilian component. A force may apply its own regulations and procedures in the
fields referred to in the preceding sentence within accommodation made available for
its use as well as to its members, members of its civilian component and dependents
provided that neither public health (Oeffentliche Gesundheit) nor the cultivation
of plants is endangered thereby.
-
2 The authorities of a force and the German authorities shall promptly inform each other
of the outbreak, or suspected outbreak, development and elimination of an infectious
disease, as well as of the measures taken.
-
4 Where German law prohibits the importation of certain articles, these articles may,
with the approval of the German authorities, and provided that neither public health
nor the cultivation of plants is endangered thereby, be imported by the authorities
of a force. The German authorities and the authorities of the force shall agree on
categories of articles the import of which is approved by the German authorities under
this provision.
-
5 The authorities of a force may, with the approval of the German authorities, carry
out the examination and control of articles imported by them. They shall ensure that
neither public health nor the cultivation of plants is endangered as a result of the
importation of such articles.
-
2 Without prejudice to the respect for and application of German law pursuant to the
present Agreement, the authorities of a force and of civilian component shall examine
as early as possible the environmental compatibility of all projects. In this context
they shall identify, analyse and evaluate potential effects of environmentally significant
projects on persons, animals, plants, soil, water, air, climate and landscape, including
interactions among them, as well as on cultural and other property. The objective
of the examination shall be to avoid environmental burdens and, where detrimental
effects are unavoidable, to offset them by taking appropriate restorative or balancing
measures. In this connection, the authorities of a force and of a civilian component
may call upon the assistance of German civil and military authorities.
The authorities of a force and of a civilian component shall ensure that only fuels,
lubricants and additives that are low-pollutant in accordance with German environmental
regulations are used in the operation of aircraft, vessels and motor vehicles, insofar
as such use is compatible with the technical requirements of such aircraft, vessels
and motor vehicles. They shall futher ensure that, with respect to passenger and utility
motor vehicles, especially in the case of new vehicles, the German rules and regulations
for the limitation of noise and exhaust gas emissions shall be observed to the extent
this is not excessively burdensome. The competent German authorities and the authorities
of the force and of the civilian component shall consult and co-operate closely in
the application and supervision of these provisions.
-
1
-
(a) Defensive works required to execute NATO plans for common defence within the areas
for the defence of which the authorities of a force are responsible shall be planned
and executed by agreement between the authorities of the force and the Federal authorities.
-
(b) The work shall be carried out by the German authorities in liaison with the authorities
of the force. However, where there is a special need for secrecy or security, the
force shall have the right, after appropriate consultation and at sites agreed upon
with the Federal authorities, to carry out such work with its own personnel or with
non-German specialists.
-
1
-
(a) German labour law, including industrial safety law (Arbeitssuchtzrecht), as applicable
to civilian employees working with the German Armed Forces, with the exception of
decrees regulating working conditions (Dienstordnungen), shop agreements (Dienstvereinbarungen)
and tariff regulations, shall apply to employment of civilian labour with a force
or a civilian component except as otherwise provided in this Article and the Section
of the Protocol of Signature referring to this Article.
-
(b) When seeking employment with an authority of a force or of a civilian component, the
applicant shall be exclusively responsible, if so required, for furnishing proof that
he has not been convicted of any offence. If the applicant cannot obtain a police
certificate (Führungszeugnis), the German authorities shall, in accordance with the
provisions of German law, provide him with an extract from the penal register if he
presents a certificate from the force or the civilian component that he has applied
for employment and if the issue of such extract does not endanger any essential German
interests.
-
(c)
[Red: Vervallen.]
-
(d) Transfers for duty reasons within the Federal Republic shall require the written consent
of the civilian employee; such consent may be given at any time.
-
(e)
[Red: Vervallen.]
-
(f) Employment of civilian labour with a force or a civilian component shall not be deemed
employment with the German public service.
-
2
-
(a) The second sentence of paragraph 1 of Section 9 of the Dismissal Protection Law (Kuendigungsschutzgesetz)
shall apply provided that the exmployer's application may also be based on the ground
that the continuation of employment is precluded by military interests particularly
worthy of special protection. The highest service authority may establish credibility
(Glaubhaftmachung) for military interests which are particularly worthy of protection;
in this case the proceedings before the court shall be held in camera . Where the disclosure of reasons might cause a danger of serious detriment to the
security of the sending State or of its force, the highest service authority of the
force, in concert with the Chief of the Federal Chancellery (Chef des Bundeskanzlerambts),
may establish credibility by means of a formal declaration.
-
(b) The highest service authority within the meaning of this paragraph shall be the highest
agency located in the Federal Republic of Germany that is administratively responsible
for the employing agency of the person under notice.
-
(c) This paragraph shall not apply to members of works councils (Betriebsvertretungen).
-
3 The provisions of German law concerning social insurance, including accident insurance,
unemployment insurance and children's allowance shall apply to labour working with
a force or a civilian component. The Federal Republic shall be the accident insurance
carrier.
-
6 The authorities of a force or of a civilian component shall, in respect of the employment
of labour, including members of civilian service organizations, have the right of
engagement, placement, training, transfer, dismissal and acceptance of resignations.
-
10 Where the German authorities carry out administrative work in respect of the employment
of labour by a force or a civilian component and of its remuneration, the actual costs
of such administrative work shall be reimbursed by the force. The procedures therefor
shall be regulated by separate agreements between the German authorities and the authorities
of each force. In consultation with the appropriate authorities of the force, the
German authorities shall adhere to the principles of economic efficiency in carrying
out the administrative work.
-
1
-
a) A force, a civilian component, their members and dependents shall, subject to the
approval of the Federal Government, have the right to enter the Federal Republic or
to move within and over the Federal territory in vehicles, vessels and aircraft; transports
and other movements within the scope of German legal provisions, including the present
Agreement and other international agreements to which the Federal Republic and one
or more of the sending States are party, as well as related technical arrangements
and procedures, shall be deemed to be approved. Insofar as special permits and exceptional
permits as well as exemptions from legal provisions governing the transport of hazardous
material are required for military movements and transports, they shall be obtained
by the competent agencies of the German Armed Forces.
-
b) The competent agencies of the German Armed Forces shall co-ordinate the representation
of the military interests of the forces in traffic matters vis-a-vis civilian authorities.
They shall also co-ordinate the execution of militaire traffic movements of the sending
States with each other and with civilian traffic. The manner and extent of such co-ordination
shall be arranged between the authorities of the forces and the German Armed Forces.
Where such arrangements have not been concluded, the forces shall notify military
movements by road and by rail to the competent agencies of the German Armed Forces.
In respect of military air traffic, normal procedures shall apply.
-
3 A force, a civilian component, their members and dependents shall, unless otherwise
provided in the present Agreement, observe German traffic regulations, including regulations
concerning behaviour at the scene of an accident, as well as regulations on the transport
of hazardous material. Observance of such regulations shall be supervised by the competent
authorities. In order to facilitate the control of the observance of these regulations,
this supervision may be conducted jointly. The conduct of such supervision may be
regulated by local arrangements. Existing arrangements shall continue to apply unless
revised.
-
4
-
a) Deviations from German regulations governing conduct in road traffic shall be permitted
to a force in accordance with German law. In the event of future changes in German
laws or regulations concerning road traffic, deviations required by military exigency
shall take place in accordance with procedures agreed between the authorities of a
force and the competent German authorities.
-
b) Agreements shall be concluded between the authorities of a force and the German authorities
regarding the designation and use of a road network for military traffic by vehicles
and trailers, the dimensions, axle loads, total weight or number of which exceed limitations
under German traffic regulations. The operation of such vehicles and trailers on roads
not within the agreed network shall be carried out only with the permission of the
competent German authorities. In case of accidents, catastrophes, state of emergency
or by prior agreement between the authorities concerned, permission of the competent
German authorities is not necessary.
-
5 The authorities of the sending State shall observe basic German transportation safety
regulations. Within that framework, they may apply their own standards to the design,
construction and equipment of vehicles, trailers, inland water vessels or aircraft.
The German authorities and the authorities of the force shall consult closely on the
implementation of this provision.
-
1 A force, a civilian component, their members and dependents shall be entitled to use
publicly and privately owned German transport facilities and services which serve
the needs of public transport in the Federal Republic. Unless otherwise agreed, the
exercise of this right shall be subject to the generally applicable transportation
regulations.
-
2
-
(a) Tariffs applicable to a force and a civilian component for the use of the transport
facilities and services referred to in paragraph 1 of this Article shall be not less
favourable than those applicable to the German Armed Forces. Such tariffs shall be
fixed or approved by the competent German authorities in accordance with German transportation
legislation. The authorities of the force shall have the right to participate in negotiations
with the carriers concerning military tariffs. When, in respect of transportation
services for a force and its civilian component, special conditions arise for which
the military tariffs do not provide, the German authorities shall, after negotiations
between the authorities of the force and the carriers, make suitable additions to
the military tariffs within the scope of their legal powers.
-
(b) Military tariffs shall be computed on the basis of a simplified scheme, which shall
take into account the special character of military traffic and facilitate their application
by a force or a civilian component.
-
(c) The overall effect of the application of military tariff rates shall result in no
less favourable treatment for a force or a civilian component than would have resulted
from the application of public tariff rates including relevant special tariffs.
-
4 The German authorities shall, where necessary, take appropriate steps within their
competence to ensure that requirements of a force with respect to tank cars, sleeping
and dining cars will be satisfied on reasonable terms by contractual arrangements
between the authorities of the force and the enterprises which provide such services
on a commercial basis to other users.
-
1
-
(a) A force may establish and operate post offices for the postal and telegrafic services
of the force, the civilian component, their members and dependents.
-
(b) In particular, the forces post offices may
-
(i) receive from outside the Federal territory,
-
(ii) dispatch to destinations outside the Federal territory and to other forces post offices
within the Federal territory,
-
(iii) carry within the Federal territory
open or closed mails of the force, the civilian component, their members and dependents.
-
(c) Postal remittance facilities shall be restricted to traffic between forces post offices
and between such offices and other post offices of the sending State concerned.
-
2 The forces post offices may dispatch to the German Federal Post or receive from the
German Federal Post open or closed mails of the force, the civilian component, their
members and dependents. International agreements applicable between the Federal Republic
and the sending State concerned shall apply to postal transactions between the forces
post offices and the German Federal Post unless special agreements are concluded between
the German authorities and the authorities of the force with regard to postal charges
or particular services. Exchange offices shall be established by mutual agreement.
-
4 Where a unit of a force does not operate forces post offices, such unit, its civilian
component, their members and dependents may use the postal services of another force.
Where such use is to be permanent or of long duration, the German Federal Post shall
be informed as soon as possible.
-
1 Insofar as this Article does not provide otherwise, a force, a civilian component,
their members and dependents, shall use the public telecommunications systems of the
Federal Republic. Subject to other arrangements provided for by administrative agreement,
such use shall be governed by the German regulations in force at the time. In the
application of such regulations, the treatment accorded to a force shall be no less
favourable than that accorded to the German Armed Forces.
-
3
-
(a) With the consent of the German authorities a force may set up, operate, and maintain
wire telecommunication facilities outside accommodation used by it if
-
(i) compelling reasons of military security exist, or
-
(ii) the German authorities are either not in a position to provide, or forgo the provision
of, the facilities required.
-
(b) Expeditious procedures for obtaining the consent of the German authorities shall be
ensured by administrative agreement.
-
5
-
(a) A force shall have the right to operate its own sound and television broadcasting
stations for the force, the civilian component, their members and dependents, provided
that such stations do not adversely affect German broadcasting services in an unreasonable
manner. Subject to this condition, existing broadcasting stations of this type may
continue in operation. Additional stations may be established and operated only with
the agreement of the German authorities.
-
(b) A force, a civilian component, their members and dependents may set up and operate
sound and television broadcast receiving apparatus free of charge and without individual
licences, provided no electromagnetic interference is caused to radio communication
services.
-
7
-
a) Telecommunication facilities established by a force may be interconnected with the
public telecommunication networks of the Federal Republic.
-
b) Telecommunication facilities of the force for interconnection with the public telecommunication
networks of the Federal Republic, as well as radio installations, shall meet the basic
requirements laid down in German legal regulations. Existing special features shall
be taken into consideration for a transitional period. The transitional period shall
not be terminated without mutual agreement between the forces and the German authorities.
-
c) Exceptions to the principle referred to in sub-paragraph b) of this paragraph shall
only be permissible
-
(i) for telecommunication facilities already in the possession of the force or being procured
upon entry into force of the Agreement of 18 March 1993 to amend the present Agreement,
or
-
(ii) on the basis of special agreements between the force and the Federal Minister of Posts
and Telecommunications.
Any questions of liability arising as a result thereof shall be settled in conformity
with the provisions of existing agreements.
-
8
-
(a) In establishing and operating telecommunication facilities, a force shall observe
the provisions of the International Telecommunication Convention, done at Nairobi
on 6 November 1982, or of such other instrument as may replace it and any other international
instruments in the field of telecommunications binding on the Federal Republic.
-
(b) A force shall be exempt from the provisions referred to in sub-paragraph (a) of this paragraph to the extent that such exemption is granted to the German Armed
Forces under German domestic regulations.
-
(c) In concluding future international agreements in the field of telecommunications,
the German authorities shall, after consultation with a force, give adequate consideration
to the telecommunication requirements of the force.
-
9
-
(a) A force shall take all measures which can reasonably be expected of it to avoid or
eliminate interference caused to German telecommunication services by the telecommunication
or other electrical facilities of the force.
-
(b) The German authorities shall within the scope of German regulations take all measures
which can reasonably be expected of them to avoid or eliminate interference caused
to the telecommunication services of a force by German telecommunication or other
electrical facilities.
-
10 At the request of a force, the Federal Minister of Posts and Telecommunications shall,
within his sphere of responsibility, advocate the interests of the force in the interpretation
and application of this Article.
-
1 Subject to the effects of the tax and customs exemptions provided in the NATO Status
of Forces Agreement, in the present Agreement or in any other applicable agreement,
the prices of deliveries and services to a force or a civilian component shall correspond
to the current price levels in the Federal territory; they may not exceed the prices
admissible in the case of deliveries and services to German authorities. Where goods
are subsidized in the interest of the individual German consumer, such subsidies cannot
be claimed by a force or a civilian component unless these goods are intended for
the use of, or consumption by, persons falling under the category of labour within
the meaning of Article 56 of the present Agreement.
-
3 A force or a civilian component shall enjoy free of charge administrative services
and assistance, including the services of the German police, public health, and fire
protection, as well as meteorological, topographical, and cartographical services
to at least the same extent as the German Armed Forces. The same shall apply to the
use of navigable waters.
-
4
-
(a) Except to the extent that other arrangements have been or will be made, property legally
owned by the Federation (rechtlich im Eigentum des Bundes stehend) or which has been
or will be procured or constructed from funds of the Occupation Costs and Mandatory
Expenditures or Support Costs budgets, may be used free of charge by a force or a
civilian component. This shall not apply to the use of property owned or administered
by the German Federal Railways or Federal Post.
-
(b) Except to the extent that other arrangements have been or will be made, the Federal
Republic shall ensure that a sending State to which property legally owned by a Land
(rechtlich im Eigentum eines Landes stehend) has been or will be made available for
use is relieved from the liability for any possible claim to compensation that may
be due to the Land under German law.
-
(c) Except to the extent that other arrangements have been or will be made, rental for
the use of property not falling under the first sentence of sub-paragraph (a) or under sub-paragraph (b) of this paragraph and which has been or will be reconstructed with funds made available
by the Federal Republic or with a sending State's own funds shall be reduced in the
proportion which the cost of reconstruction bears to the total value of the property.
-
(d) Exemption from payment for the use of property as set forth in sub-paragraphs (a) to (c) of this paragraph shall not, however, extend to
-
(i) cost of repairs and maintenance;
-
(ii) current public charges on property to the extent that the Federation is obliged under
German law to pay or reimburse such charges;
-
(iii) other operating costs.
-
5
-
(a) The following items of the expenditure arising in consequence of goods and services
demanded or rights restricted, transferred or withdrawn under German laws at the instance
of a force or of a civilian component, shall not be borne by the sending State:
-
(i) compensation payable under the Land Procurement Law with the exception of
-
(aa) compensation for anticipatory possession (Besitzeinweisungsentschädigung) except in
the case of Land Procurement actions (Landbeschaffungsvorhaben) initiated after the
entry into force of the present Agreement;
-
(bb) compensation payments for the use of accommodation made available to the force or
the civilian component and not legally owned by the Federation or by a Land (nicht
rechtlich im Eigentum des Bundes oder eines Landes), except in the case of accommodation
made available to the force or the civilian component after the entry into force of
the present Agreement for the purpose of the erection of permanent structures;
-
(ii) compensation for restricted areas (Schutzbereichentschädigung) payable under German
law to the Länder, insofar as prejudice caused to property (Vermögensnachteile) by
the establishment of the restricted area arises only from the restriction of economic
use or other exploitation of the property.
-
(b) Where in consequence of the procurement of land for a force or a civilian component
other costs arise for the Federation, negotiations on a case to case basis shall take
place between the German authorities and the authorities of the force, taking into
account all relevant factors, and without prejudice to the provisions of sub-paragraph
(c) of paragraph 6 of this Article, to determine whether, and if so to what extent,
the sending State for whose benefit the land is to be procured shall bear such costs,
and agreements shall be concluded thereon.
-
(c) Where in cases in which restricted areas have been provided at the instance of a force
the compensation therefor is not payable in the form of recurrent payments, the German
authorities and the authorities of the force may enter into negotiations in appropriate
cases, and on a case to case basis, concerning apportionment of the compensation,
taking into account all relevant factors, including the period of use by the force
of the accommodation for which the restricted area exists.
-
6
-
(a) Of the expenditure arising out of any kind of construction works of a force or a civilian
component, or in connection with such works, the sending State shall not be liable
for expenditure incurred in evacuating land (Räumung).
-
(b) If installations and facilities serving transportation and telecommunications, electricity,
gas and water supply, or sewage disposal, which are established, modified, reinforced,
or extended at the instance of the authorities of a force or of a civilian component
serve also to satisfy German needs, the expenditure, including the cost of repair
and maintenance, on such installations and facilities shall be apportioned in a manner
which corresponds to the extent of the German interest as compared with the interest
of the sending State. The amounts shall in each individual case be agreed between
the German authorities and the authorities of the force. This arrangement shall also
apply to the costs of repair and maintenance of installations and facilities of the
kind mentioned which the German side plans to close down or dismantle, but which are
to be retained at the request of a force or a civilian component.
-
(c) If in consequence of land procurement for a force or a civilian component, or as a
result of construction works carried out by or for the benefit of a force or of a
civilian component, installations and facilities serving transportation and telecommunications,
electricity, gas and water supply, or sewage disposal, require re-routing or replacing
either because they are no longer available for public use or it can be shown that
it is no longer practicable so to use them, the sending State shall bear expenditure
which arises only to the extent that the hitherto prevailing standard is not exceeded.
-
7
-
(a) If military or other aircraft used by a force are permanently accommodated on civil
airfields, including civil airports, not made available for the exclusive use of the
force, payment which varies from the fees valid under German regulations may be agreed
upon for the jointly used installations and facilities. Such payment may by arrangement
be in services or in kind.
-
(b) Emergency landings made by military or other aircraft used by a force shall be exempt
from fees.
Administrative services and assistance, including the services of the German police,
public health, and fire protection services, meteorological, topographical, and cartographical
services, and other public services as well as public facilities, shall be made available
without charge to the members of a force or of a civilian component or to dependents,
in their own right, to the same extent as such facilities and services are available
without charge to other persons in the Federal territory. The same shall apply to
the use of public roads, highways, and bridges, and of navigable waters.
-
1
-
(a) The relief from customs duties referred to in paragraph 4 of Article XI of the NATO
Status of Forces Agreement shall be granted not only in respect of goods which at
the time of their importation are the property of a force or a civilian component,
but also in respect of goods delivered to a force or a civilian component in fulfilment
of contracts concluded by the force or the civilian component directly with a person
or persons not domiciled in the Federal Republic or Berlin (West). Such relief shall
apply irrespective of whether such goods are carried in transport of the force or
the civilian component or by commercial transport.
-
(b) Customs duties and excise taxes, including the Turnover Equalization Tax (Umsatzausgleichsteuer),
shall not be levied in respect of imported goods which are withdrawn from customs-free
areas or from continuous customs control for delivery to a force or a civilian component
under contracts which an official procurement agency of the force or of the civilian
component has concluded with a person or persons domiciled in the Federal Republic
or in Berlin (West), provided that payment therefor is made in the currency of the
sending State. This proviso shall also be deemed, to have been fulfilled if payment
is made in Deutsche Mark, which the force or the civilian component has obtained by
the conversion of such currency in the Federal Republic through agreed agencies, or
in Deutsche Mark which, by special agreement between the governments concerned, may
be so used for this purpose.
-
2 The relief referred to in paragraph 1 of this Article shall apply equally to goods
imported or acquired by a force or a civilian component for disposal to their members
or to dependents for their private use or consumption. Except where in specific cases
it is otherwise agreed between the authorities of the force and the German authorities,
disposal should be made only through specified services of the force or the civilian
component or through organizations serving them, the names of which shall be notified
to the Federal Government.
-
6 Export of goods acquired in the Federal territory by a force or a civilian component
shall be subject to the deposit at the customs office of a certificate similar to
that referred to in paragraph 4 of Article XI of the NATO Status of Forces Agreement,
except insofar as within the scope of paragraph 10 of that Article such certificate
will be dispensed with.
-
1 The members of a force or of a civilian component and dependents may, in addition
to their personal effects and furniture and their private motor vehicles, import other
goods intended for their personal or domestic use or consumption free of duty or any
other import tax. This privilege shall apply not only to goods which are the property
of such persons but also to goods sent to them by way of gift or delivered to them
in fulfilment of contracts directly concluded with a person or persons not domiciled
in the Federal Republic or Berlin (West).
-
2 In the case of certain goods designated by the competent German authorities which
are peculiarly the subject of customs contraventions, the privilege set forth in paragraph
1 of this Article shall apply only if such goods are imported personally by members
of a force, of a civilian component or dependents in their accompanying baggage and
in quantities fixed by the competent German authorities in agreement with the authorities
of the force.
-
3 In doubtful cases the German customs officials shall be entitled to require a document
to be produced certifying that the imported goods are intended for the personal or
domestic use or consumption of the person importing them; this, however, shall not
apply to goods the importation of which is limited in accordance with paragraph 2
of this Article. Such certificates shall be issued only by a limited number of officials,
who have been specially designated for this purpose by the authorities of the force
and whose names and specimen signatures have been notified to the German authorities.
-
4 Disposal of goods imported dutyfree or acquired under taxrelief shall be permitted
among members of the forces, of the civilian components and dependents. Unless exceptions
have been generally authorized by the German authorities, disposal to other persons
shall be permitted only after notification to, and approval of, the German authorities.
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5
-
(a) The customs control of goods sent through the postal or freight services of a force,
by or to the members of the force, of the civilian component or dependents, shall
be exercised by the German customs authorities at places designated by agreement between
those authorities and the competent authorities of the force. The customs inspection
shall take place in the presence of representatives of the authorities of the force.
-
(b) If, for the purpose of applying the provisions concerning exchange control contained
in Article 69 of the present Agreement, it becomes necessary to carry out in post
offices of a force inspection of letters and postal packets sent by or to members
of the force, of the civilian component or dependents, the sender or the receiver
or an authorized representative of either must be present when such letters and packets
are opened. The extent of these inspections and the manner in which they shall be
carried out shall be agreed between the authorities of the force and the German authorities.
-
6 The members of a force or of a civilian component or dependents may re-export free
of exit dues (Ausgangsabgaben) goods brought by them into the Federal Republic. They
may also, without being subject to economic export prohibitions or limitations and
exit dues, export, in quantities consistent with their economic standing, goods which
they own and which are not intended for trade. In doubtful cases the German customs
authorities shall be entitled to require a document to be produced certifying that
these conditions are fulfilled. This document shall be issued in accordance with the
provisions of the last sentence of paragraph 3 of this Article.
-
7 When a customs control of members of a force, of a civilian component or dependents
takes place at a customs office at which frontier liaison officials of a force are
stationed, the German customs officials shall call in such officials if contraventions
are discovered or if difficulties arise in connection with the inspections.
-
1 A force shall not be subject to taxation in respect of matters falling exclusively
within the scope of its official activities nor in respect of property devoted to
such activities. This shall, however, not apply in respect of taxes which may arise
from commercial trading by the force in the German economy or in respect of property
devoted to this purpose. Deliveries made and services rendered by the force to its
members, members of the civilian component and dependents shall not be regarded as
commercial trading in the German economy.
-
2 Exemption from customs duties and other import and export duties on goods imported
or exported by a force or a civilian component, or acquired by them from customs-free
areas or from installations under customs control, shall be determined in accordance
with Article XI of the NATO Status of Forces Agreement and with Article 65 of the
present Agreement.
-
3
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(a)
-
(i) The tax relief provided under items (ii) and (iv) of this sub-paragraph shall be granted
when goods or services are procured by an official procurement agency of a force or
a civilian component for the use of, or consumption by, the force, the civilian component,
their members, or dependents. The tax relief shall be taken into account in calculating
prices.
-
(ii) Deliveries and services to a force or a civilian component shall be exempt from turnover
tax. This tax exemption shall not apply to the sale of undeveloped and developed land
as well as to the construction of buildings if such transactions are for the private
requirements of members of the force, or the civilian component or of dependents.
-
(iii)
[Red: Vervallen.]
-
(iv) Goods delivered to a force or a civilian component from the free inland trade (zollrechtlich
freier Verkehr) shall be granted tax relief provided by customs and excise legislation
in the event of export.
-
(b) Sub-paragraph (a) of this paragraph shall apply equally when the German authorities carry out procurement
or construction works for a force or a civilian component,
-
(c) The relief referred to in sub-paragraphs (a) and (b) of this paragraph shall be granted subject to furnishing proof to the appropriate
German authorities that the requirements for such grant are fulfilled. The form of
furnishing proof shall be established by agreement between the German authorities
and the authorities of the sending State concerned.
-
2 The insurance tax (Versicherungsteuer) is to be paid in those cases where the insurance
premium is paid to an inland insurer or an authorized inland representative of a foreign
insurer, but not where the premium is paid directly to a foreign insurer. With respect
to insurance for private motor vehicles of members of a force or of a civilian component
or of dependents, payment of the insurance tax is also not required where in individual
cases the insurance premium, which is payable directly to the foreign insurer, is
exceptionally paid to the authorized inland representative of such foreign insurer.
-
1 The rights of the authorities of a force or of a civilian component, of the members
of a force or of a civilian component, or of dependents to import, export and possess
the currency of the Federal Republic and instruments denominated in such currency
in accordance with the regulations referred to in Article XIV of the NATO Status of
Forces Agreement shall remain unaffected by the provisions of paragraphs 2, 3 and
4 of this Article.
-
2 The authorities of a force or of a civilian component shall have the right to import,
export and possess currency, other than that of the Federal Republic, instruments
denominated in any such currency and military scrip denominated in the currency of
any sending State.
-
3 The authorities of a force or of a civilian component may distribute to the members
of the force and of the civilian component and to dependents
-
(a) currency of, and instruments denominated in the currency of,
-
(i) the Federal Republic,
-
(ii) the sending State,
-
(iii) any other State, to the extent required for the purpose of authorized travel, including
travel on leave;
-
(b) military scrip denominated in the currency of any sending State;
provided, however, that a system of payment to members of the force or of the civilian
component or to dependents, in the currency of the sending State, shall be adopted
by the authorities of the force only in co-operation with the authorities of the Federal
Republic.
-
5 The authorities of a force shall, in co-operation with the authorities of the Federal
Republic, take appropriate measures in order to prevent any abuse of the rights given
under paragraphs 2, 3 and 4 of this Article and to safeguard the system of foreign
exchange regulations of the Federal Republic insofar as such system, subject to the
provisions of paragraphs 2, 3 and 4 of this Article, relates to a force, a civilian
component, their members and dependents.
In accordance with special agreements to be concluded, a force and a civilian component
shall be granted interest on Deutsche Mark funds acquired with the currency of the
sending State and held on daily call in accounts with the German Federal Bank (Deutsche
Bundesbank).
-
1 The non-German non-commercial organizations listed in paragraph 2 of the Section in
the Protocol of Signature referring to this Article shall be considered to be, and
treated as, integral parts of the force.
-
2
-
(a) The non-German non-commercial organizations listed in paragraph 3 of the Section in
the Protocol of Signature referring to this Article shall enjoy the benefits and exemptions
accorded to the force by the NATO Status of Forces Agreement and the present Agreement
to the extent necessary for the fulfilment of the purposes described in paragraph
3 of that Section. However, benefits and exemptions in respect of imports for, deliveries
to, or services for these organizations shall be granted only if such imports, deliveries
or services are effected through the authorities of the force or of the civilian component
or through official procurement agencies designated by these authorities.
-
(b) The organizations referred to in sub-paragraph (a) of this paragraph shall not have the powers enjoyed by the authorities of a force
or of a civilian component under the NATO Status of Forces Agreement and the present
Agreement.
-
3 In respect of their activities as non-commercial organizations, the organizations
listed in paragraphs 2 and 3 of the Section of the Protocol of Signature referring
to this Article shall be exempt from the German regulations, if otherwise applicable,
governing the conduct of trade and business activities (Handel and Gewerbe). The provisions
of industrial safety law (Arbeitsschutzrecht) shall nevertheless apply subject to
the Section of the Protocol of Signature referring to this Article.
-
4 Other non-German non-commercial organizations may, in specific cases, be accorded,
by means of administrative agreements, the same treatment as the organizations listed
in paragraph 2 or 3 of the Section in the Protocol of Signature referring to this
Article, if they
-
5
-
(a) Subject to the provisions of paragraph 6 of this Article, employees exclusively serving
organizations listed in paragraph 2 or 3 of the Section in the Protocol of Signature
referring to this Article shall be considered to be, and treated as, members of a
civilian component. They shall be exempt from taxation in the Federal territory on
the salaries and emoluments paid to them by the organizations if such salaries and
emoluments are either
-
(b) Sub-paragraph (a) of this paragraph shall also apply to employees of organizations which, in accordance
with paragraph 4 of this Article, are accorded the same treatment as the organizations
listed in paragraph 2 or 3 of the Section in the Protocol of Signature referring to
this Article.
-
3 Where the activities of an enterprise include business not conforming to the conditions
set forth in paragraph 2 of this Article, the granting of exemptions and benefits
provided in paragraph 1 shall be conditional upon a clear legal or administrative
separation between those activities which are performed exclusively for the force
and those which are not.
-
5
-
(a) Employees of enterprises enjoying exemptions and benefits pursuant to this Article
shall, if they exclusively serve such enterprise, be granted the same exemptions and
benefits as those granted to members of a civilian component unless such exemptions
and benefits are restricted by the sending State.
-
(b) Sub-paragraph (a) of this paragraph shall not apply to
Technical experts whose services are required by a force and who in the Federal territory
exclusively serve that force either in an advisory capacity in technical matters or
for the setting up, operation or maintenance of equipment shall be considered to be,
and treated as, members of the civilian component. This provision, however, shall
not apply to
-
3 The detailed application of the provisions of paragraphs 1 and 2 of this Article,
including the conditions to be observed pursuant to paragraph 1 of article XII of
the NATO Status of Forces Agreement, shall be regulated by administrative agreements
with the German authorities. Such administrative agreements shall in particular take
into account the following points:
-
(a) The authorities of a force and of a civilian component shall, in agreement with the
German authorities, ensure that certain goods are placed at the disposal of members
of the force, of the civilian component or dependents only in reasonable quantities.
-
(b) Co-operation between the authorities of a force or of a civilian component and the
German authorities shall include the exchange of relevant information concerning the
selling agencies of the force and the organizations and enterprises serving the force,
and shall also include, to the extent necessary, appropriate inspections therein.
-
4 Except to the extent precluded by military necessity, the authorities of a force or
of a civilian component shall, at the request of the German authorities, provide the
latter with such information as they may be reasonably expected to furnish and which
is necessary to determine the tax liability of persons or enterprises which are subject
to taxation in the Federal territory. The German authorities shall request such information
of the authorities of a force or of a civilian component only if the data necessary
for assessment cannot be obtained otherwise, for instance, from official certificates
(Abwicklungsscheine) concerning the procurement of goods and services subject to tax
relief if such certificates have been furnished to the German financial authorities,
or from information which can be supplied to those authorities by other German authorities.
The German authorities shall take measures to prevent the disclosure of the information
to unauthorized third parties.
-
1
-
(a) Except in a case where the accused is a German, neither Article 19 of the present
Agreement nor paragraphs 1, 2 and 3 of Article VII of the NATO Status of Forces Agreement
shall apply to an offence alleged to have been committed by a member of the forces
prior to the entry into force of the present Agreement where before that date
-
(i) proceedings in respect of such offence have been initiated or terminated by an authority
of a force exercising judicial powers, or
-
(ii) the prosecution of the offence became barred, under the law of the sending State concerned,
by the expiry of a prescribed period of time.
-
(b) Where proceedings are pending at the date of entry into force of the present Agreement,
the provisions of the Forces Convention concerning the exercise of jurisdiction over
offences committed by such members shall continue to have effect for those proceedings,
as if that Convention were still in force, until the conclusion of the proceedings,
provided notification of the cases so pending shall be made to the German authorities
within a period of ten days after that date.
-
2 In imposing a penalty in respect of an offence committed prior to the entry into force
of the present Agreement, the German court or authority shall give due consideration
to the penalty prescribed by the law of the sending State to which the accused was
subject at the time of the commission of the offence, if it appears that such penalty
is lighter than that prescribed by German law.
Article 76
[Vervallen per 29-03-1998]
Article 77
[Vervallen per 29-03-1998]
-
1 The Mixed Commission established under paragraph 8 of Article 44 of the Forces Convention
shall continue to be the competent body to determine whether a dismissal on security
grounds was justified, provided that a request made under that provision was received
by the Commission prior to the entry into force of the present Agreement.
Article 79
[Vervallen per 29-03-1998]
The provisions of Article XV of the NATO Status of Forces Agreement shall apply to
the present Agreement, it being understood that references in that Article to other
provisions of the NATO Status of Forces Agreement shall be deemed to be references
to those provisions as supplemented by the present Agreement.
-
1 Should a difference arise relating to the interpretation or application of the present
Agreement, and unless a separate procedure is provided, the Parties directly concerned
shall endeavour to settle the difference by consultations at the lowest appropriate
level. A difference that cannot be resolved at that level may be referred to higher
competent military or civil authorities for resolution.
-
2
-
a) If the difference is not resolved in accordance with paragraph 1 within fifteen days,
any Party directly concerned thereafter may request that a consultative Commission
be established to recommend possible solutions to the Parties directly concerned.
The consultative Commission shall be established and hold its first meeting not later
than ten days following the request. The consultative Commission shall issue its final
recommendations within sixty days following its first meeting.
-
b) The consultative Commission shall consist of an appropriate number of members representing
the Parties directly concerned. Where the Federal Republic is a party to the difference,
it shall have the right to appoint as many members as are appointed by all other parties
to the difference together. The consultative Commission may invite outside conciliators
to advise the Commission. At the request of any of its members, the consultative Commission
shall also seek the expert opinion of appropriate persons or organizations, such as
the North Atlantic Treaty Organization, the Western European Union, or the Organization
for Economic Co-operation and Development, whose opinion shall be provided and kept
in confidence.
-
3 As its first order of business, the consultative Commission shall, if appropriate,
recommend the adoption of interim measures to be taken by the Parties pending resolution
of the difference. These interim measures shall be without prejudice to the respective
positions of the Parties or to the ultimate resolution of the difference. If interim
measures cannot be agreed by the consultative Commission within the prescribed time,
the question of interim measures shall be referred to appropriate channels for resolution,
at the ministerial level if necessary.
-
4 The final resolution recommended by the consultative Commission shal be implemented
by the parties directly concerned unless one or more of them object within fifteen
days. In case of objection, or if the consultative Commission is unable to agree upon
final recommendations within the prescribed time, the matter shall be referred to
diplomatic channels for prompt resolution.
-
5 Pending final resolution of the difference, no Party shall take actions that would
prejudice the essential interests of any other Party directly concerned, particularly
those interests which may be put forward by the host country.
Any stationing Party may, after consultation with the other Contracting Parties, withdraw
from the present Agreement upon two years' written notice. The Federal Republic may,
after consultation with the other Contracting parties, terminate the present Agreement
in respect of one or more Contracting Parties upon two years' written notice.
The present Agreement shall be reviewed
-
(a) when the Convention on the Presence of Foreign Forces in the Federal Republic of Germany
of 23 October 1954 is reviewed in accordance with paragraph 2 of Article 3 of that
Convention;
-
(b) upon the request of one of the Contracting Parties on the expiry of a period of three
years subsequent to its entry into force;
-
(c)
-
(i) in respect of one or more provisions when provisions of the NATO Status of Forces
Agreement to which they are directly related are reviewed under Article XVII of that
Agreement;
-
(ii) at any time at the request of one of the Contracting Parties in respect of one or
more provisions if their continued application would in the view of the Party making
the request be especially burdensome to that Party, or if such application could not
reasonably be expected of that Party; in such case negotiations shall be opened within
a period not to exceed three months after submission of the request; if, after three
months of negotiations, agreement has not been reached, any Contracting Party may
apply to the Secretary-General of the North Atlantic Treaty Organization in accordance
with the resolution of the North Atlantic Council of 13 December 1956, requesting
him to use his good offices and to initiate one of the procedures named in that resolution;
the Contracting Parties shall pay full heed to any recommendations deriving from such
procedure;
-
(iii) at any time at the request of one of the Contracting Parties in respect of one or
more provisions of a purely technical or administrative character.
-
2 The present Agreement shall enter into force thirty days after the date on which the
Federal Republic has deposited with the Government of the United States of America,
in accordance with the conditions specified in the Resolution of the North Atlantic
Council of 5 October 1955, its instrument of accession to the NATO Status of Forces
Agreement.