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.
-
2
-
(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.
-
(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.
-
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.
-
3 The 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.
-
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.
-
5
-
(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.
-
(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.
-
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.
-
7 If, in the implementation of the NATO Status of Forces Agreement and of the present
Agreement, no agreement is reached either on the local or on the regional level between
the German authorities and the authorities of a force, the matter shall, unless the
NATO Status of Forces Agreement or the present Agreement provides a special procedure,
be referred to the competent central Federal authority and the higher authority of
the force. The Federal Government or the higher authority of the force shall issue
any individual instructions that may be necessary to the German authorities or to
the authorities of the force and the civilian component respectively.
-
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.
-
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.
-
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).
-
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.
-
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.
-
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.
-
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.
-
3 Driving licences provided with a German translation may be issued for private motor
vehicles by the authorities of a force to members of the force or of the civilian
component or to dependents if these authorities have determined that, in addition
to fitness to operate a motor vehicle, applicants possess adequate knowledge of German
traffic regulations. They shall ensure that learner drivers are instructed, and when
driving on a public highway are accompanied at all times, by a person possessing the
qualifications specified in the first sentence of this paragraph and holding a valid
driving licence. Such person shall be responsible for the driving of the vehicle and
shall carry a written authorization, issued by the authorities of the force and provided
with a German translation, empowering him to instruct the learner driver.
-
5
-
(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.
-
(b) The authorities of a force may issue certificates of qualification for the operation
of non-service inland watercraft of the force if they have determined that the person
concerned possesses the knowledge prescribed in sub-paragraph (a) of this paragraph. The particular waters to be navigated shall be specified in the
certificate. Regulations applicable within the scope of international agreements shall
remain unaffected.
-
6
-
(a) The authorities of a force shall withdraw driving licences valid in the Federal territory
in accordance with paragraphs 1 and 3 of this Article or certificates mentioned in
paragraph 2, 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.
-
(b) In cases where German courts exercise jurisdiction pursuant to 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 paragraphs 2 and
3 of this Article. Withdrawal of permission to drive shall be recorded in the driving
licence, which shall remain in the possession of the holder.
-
7
-
(a) Sub-paragraph (of paragraph 6 of this Article shall apply mutatis mutandis to pilot's licences and certificates of qualification referred to in paragraph 4
and sub-paragraph (b) of paragraph 5.
-
(b) The authorities of a force shall give sympathetic consideration to reports from the
German authorities concerning failure to observe air traffic rules by holders of the
pilot's licences valid in the Federal territory in accordance with paragraph 1 of
this Article and shall take such action as may be necessary.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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 if such autopsy is admissible under
the law of the sending State. A German medical officer of the court (Gerichtsarzt)
or public health officer (Amtsarzt) and, in the case of an autopsy for purposes of
criminal investigation, a German judge, may be present during the autopsy. In cases
where a German court or authority is competent to order an autopsy, the second and
third sentences of this paragraph shall apply mutatis mutandis if the military authorities of a sending State have an interest in the results of
such autopsy.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
3 Where the competent German authorities hold the view that, by reason of special circumstances
in a specific case, major 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 authorities within a period
of twenty-one days after receipt of the notification envisaged in paragraph 2 or any
shorter period which may be provided in arrangements made under paragraph 7. The German
authorities may also submit the statement prior to receipt of such notification.
-
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.
-
5
-
(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.
-
(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.
-
6
-
(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 the liaison agency referred to in Article 32 of
the present Agreement.
-
(b) The liaison agency shall lend its assistance to the German courts and authorities
to facilitate service of process in criminal matters.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
1
-
(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.
-
(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.
-
2
-
(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
-
(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.
-
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.
-
1
-
(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.
Sections 212 to 212 (b) of the German Code of Criminal Procedure, relating to expedited procedure, shall
not be applicable in criminal proceedings against members of a force, of a civilian
component, or against dependents.
-
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 right to free judicial assistance and 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 these fields 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) Service upon members of a force, of a civilian component, or on dependents of a plaint
or other document or court order initiating non-criminal proceedings before a German
court or authority shall be made through a liaison agency to be established or designated
by each of the sending States. The German courts or authorities may request the liaison
agency to ensure service of other documents arising in such proceedings.
-
(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) If, upon the expiry of a period of twenty-one days from the date of acknowledgement
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, the court or authority shall forward to the liaison agency another
copy of the application for service with notice that seven days after receipt by the
liaison agency service shall be deemed to have been effected. At the expiry of this
seven-day period, service shall be deemed to have been effected.
-
(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 or seven days, as the case may be, that it has not been able to effect service.
The liaison agency shall inform the German court or authority of the reasons for its
inability to do so.
-
(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 Gerrnan court
or authority, items (i) and (ii) shall be applicable mutatis mutandis to the period so extended.
-
2 Where a German court or authority serves a judgment or a document in appellate proceedings
(Rechtsmittelschrift), a copy thereof shall, upon special or general request of the
sending State concerned, be delivered to the liaison agency of that State without
delay, except where the liaison agency itself is, in accordance with the second sentence
of sub-paragraph (a) of paragraph 1 of this Article, requested to effect such service.
Members of a force, of a civilian component or dependents shall not suffer prejudice
to their interests when official duties or duly authorized absence temporarily prevents
their attendance at noncriminar proceedings to which they are parties.
-
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 member of a force or of a civilian component or a dependent shall not be deprived
of his personal liberty by a German court or authority whether to enforce a judgment,
decision, order and settlement, to compel an oath of disclosure (Offenbarungseid)
or for any other reason resulting from non-criminal proceedings.
-
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 shall, upon request by an enforcing agency and
insofar as the law of the sending State concerned permits, deposit with the competent
agency out of 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 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 does not permit the procedure prescribed
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 and settlement in question.
-
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
-
(a) Where a member of a force or of a civilian component is summoned to appear before
a German court or authority, the military authorities, unless military exigency requires
otherwise, shall secure his attendance provided that such attendance is compulsory
under German law. The liaison agency shall be requested to ensure execution of such
summons.
-
(b) The provisions of sub-paragraph (a of this paragraph shall apply mutatis mutandis to dependents insofar as the military authorities are able to secure their attendance;
otherwise dependents will be summoned in accordance with German law.
-
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 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
and experts, if they are members of a force or of a civilian component or dependents,
would have before a court of the 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 stall 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.
In order to safeguard the security interests of the forces the following provisions
shall apply for the control of aerial photography:
-
(a) Upon request, the German authorities shall notify the authorities of a force of all
applications for licence to engage in commercial aerial photography (Grunderlaubnis)
which they intend to grant. They shall take into consideration the comments of the
force when making their decision in any particular case.
-
(b)
-
(i) Subject to the provisions of item (iv) of this sub-paragraph, the German authorities
shall forward to the authorities of a force copies of all applications for permits
to photograph (Aufnahmeerlaubnisse) which they intend to grant.
-
(ii) Where within ten days after a copy has been received the authorities of the force
raise objections on grounds of secrecy or security and where consultations between
the German authorities and the authorities of the force are inconclusive, the matter
shall be dealt with without delay at a higher level. The German authorities shall
not permit aerial photography of installations, equipment, troop dispositions or movements
of a force if the authorities of the force state that its security would be endangered
thereby.
-
(iii) Subject to the provisions of item (iv) of this subparagraph, the German authorities
shall, upon request, permit the authorities of a force to examine negatives of aerial
photographs, and in agreement with the authorities of the force shall take, with respect
to such negatives, any measures necessary to safeguard the secrecy or security of
installations, equipment, troop dispositions or movements of the force.
-
(iv) The exercise of the rights of a force provided for in items (i) and (iii) of this
sub-paragraph shall be limited to the geographical areas defined in administrative
agreements to be concluded with the German authorities.
-
(c) Notwithstanding the provisions of item (ii) of sub-paragraph (b) of this Article, permission to photograph may be granted by the German authorities,
after consultation with the authorities of the force referred to in item (iv) of sub-paragraph
(b) of this Article, where aerial photography for official survey purposes is commissioned
by a German authority. In such cases the German authorities shall ensure that the
authorities of the force will have first access to negatives and that any measures
requested by them to safeguard the secrecy or security of installations, equipment,
troop dispositions or movements of a force, are carried out with respect to such negatives.
-
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 permanent use without impairing the purposes of such training,
the force shall 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 and in accordance with orders or recommendations which the Supreme
Allied Commander in Europe or any other competent authority of the North Atlantic
Treaty Organization may issue. The exercise of this right shall be governed by the
relevant provisions of German law on the conduct of manoeuvres and other training
exercises, except where otherwise provided in paragraphs 2 to 7 of this Article.
-
2
-
(a) A force shall take all necessary measures to ensure that damage during the conduct
of manoeuvres and other training exercises will be prevented as far as possible and
that the economic use of plots of land (Grundstiicke) is not substantially impaired.
-
(b) The force shall not re-use a plot of land on which considerable damage has been caused
by manoeuvres or other training exercises, for a period of three months, except with
the consent of the German authorities.
-
(c) If the economic use of a plot of land has been substantially impaired by manoeuvres
or other training exercises conducted by a force, the force shall refrain from conducting
manoeuvres or other training exercises on such plot of land for so long as it is to
be feared that manoeuvres or other training exercises might lead to further or renewed
substantial impairment of the economic use of such plot of land.
-
(d) Should the German authorities raise objections to the utilization of a specific plot
of land on the grounds that its utilization is prohibited under sub-paragraph (b) or (c) of this paragraph, they shall, on the request of the authorities of the force, enter
into negotiations on the use of an alternative plot of land which satisfies the training
requirements of the force, taking due account of German interests as well as of militairy
requirements.
-
(e) Provisions of German law according to which the same terrain (Gelande) shall only
in exceptional cases be used more than once in three months for exercises lasting
several days shall not be applicable to a force.
-
3 To the extent that military reasons render it indispensable that a force utilise a
nature preserve or a nature park or parts thereof, the Federal Government shall, unless
the person entitled consents to such utilization, conclude with the Government of
the sending State an agreement defining such nature preserve or nature park or parts
thereof, and establishing to the extent necessary details of the utilization. In accordance
with the agreement concluded, the force may utilise such nature preserve or nature
park or parts thereof without the consent of the person entitled to grant it.
-
4 If the German authorities propose, instead of an area envisaged by the authorities
of the force for the conduct of a manoeuvre or other training exercise, an alternative
area which suffices for the training requirements of the force, the force shall not
conduct the manoeuvre or other training exercise in the area first envisaged.
-
5
-
(a) The authorities of a force shall notify the German au \thorities at the earliest possible
date of their programmes of manoeuvres and other training exercises.
-
(b) Prior to the commencement of a manoeuvre or other training exercise, the authorities
of the force shall communicate to the German authorities by a given date, to be established
by agreement between the Federal Government and the Governments of the sending States,
a plan for the conduct of the manoeuvre or the other training exercise in question
together with all necessary documentation and explanations and shall, if requested
by the German authorities, discuss such plan with them. Such plan shall in particular
contain data on the type, time of commencement, duration, and place, of the exercises
and shall state whether public ways are to be wholly or partly closed or to be used
other than as stipulated by German law, and if so, what safety measures are to be
taken. Where use is to be made of aircraft in connection with a manoeuvre or other
training exercise, such plan shall contain details of such use; Article 46 of the
present Agreement shall remain unaffected.
-
(c) Should no objections be raised by the German authorities to a plan within a fixed
period of time to be established by agreement between the Federal Government and the
Government of a sending State, the authorities of the force may act on the assumption
that no such objections exist.
-
(d) Should the German authorities raise objections to a plan, endeavours shall be made
without delay by way of joint discussion to reach agreement, taking due account both
of German interests and of military requirements.
-
(e) Should the German authorities and the authorities of the force, either at local or
at regional level, fail to reach agreement upon a plan within an appropriate period
of time, the matter shall, at the request of the German authorities or the authorities
of the force be further discussed by the Federal Government and the Government of
the sending State in order to reach agreement.
-
(f) Should the Federal Government and the Government of the sending State fail to reach
agreement on a plan within an appropriate period of time, each Government may refer
the matter to the Secretary-General of the North Atlantic Treaty Organization with
a request for his expert opinion as to whether the planned manoeuvre or other training
exercise is of primary importance to the accomplishment of the defence mission of
the force and in conformity with the directives laid down within the framework of
the North Atlantic Treaty Organization. Such expert opinion shall be given due consideration
in the course of further negotiations between the Governments.
-
(g) The force shall conduct the manoeuvre or other training exercise in accordance with
the agreement reached on the plan.
-
6
-
(a) After agreement has been reached on a plan, the authorities of the force shall inform
the German authorities of their intention to conduct the manoeuvre or other training
exercise in sufficient time to enable the German authorities to announce the manoeuvre
or other training exercise at least two weeks prior to its commencement.
-
(b) If for important reasons not foreseen during the discussion of the plan the German
authorities raise objections to the conduct of the manoeuvre or other training exercise
in a specific area or at a specific time, especially on the grounds that the manoeuvre
or other training exercise would endanger public safety and order or public health,
or would as a result of weather conditions cause considerable damage, endeavours shall
be made without delay by way of joint discussion to reach agreement, taking due account
of these reasons.
-
(c) The local German authorities shall establish restrictive conditions, which under German
law they may establish in individual cases (paragraph 1 of Section 66 of the Federal
Requisitioning Law) only in agreement with the authorities of a force to the extent
that the force is affected thereby.
-
1 A force shall have the right to conduct manoeuvres and other training exercises in
the air in such measure as is necessary to the accomplishment of its defence mission
and in accordance with orders or recommendations which the Supreme Allied Commander
in Europe or any other competent authority of the North Atlantic Treaty Organization
may issue. Except where otherwise provided in paragraphs 2 to 6 of this Article, the
exercise of this right shall be governed by German regulations on the use of 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.
-
2 A force shall not, without the specific consent of the persons entitled and of the
German authorities, temporarily occupy or close airfields not made available for its
exclusive use. The same shall apply to installations designed to ensure air traffic
safety.
-
4 Air manoeuvres and other air exercises which affect controlled air space and which
cannot be cleared by normal air traffic clearance procedure, or which require the
issue of a navigational warning, shall be notified to the German authorities in good
time. Notification procedure shall follow the decisions of the Standing Commission
for co-ordination of aviation or its successor organization.
-
5 Where agreement on particular measures for co-ordination is not reached between the
authorities of a force and the air traffic control authorities within an appropriate
period of time, the matter shall be referred to the Standing Commission for co-ordination
of aviation or its successor organization.
-
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.
-
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 The authorities of a force or of a civilian component may, after consultation with
the German authorities, carry out construction works with their own personnel, or
may, applying their normal procedures, place contracts direct with contractors
-
(a) for minor construction projects, and,
-
(b) exceptionally, in other cases,
in accordance with special administrative agreements which may exist at the date of
entry into force of the present Agreement or which are concluded or amended thereafter.
In carrying out such works, the authorities of the force or of the civilian component
shall respect German building regulations and take into consideration the principles
applying in the Federal Republic regarding public construction, which are reflected
in the regulations concerning competition, preferred tenderers and prices applicable
to public contracts.
-
4 Repairs and maintenance work necessary to meet the requirements or a force or of a
civilian component shall be carried out either by the German authorities or, after
consultation with those authorities, by the authorities of the force or of the civilian
component. In the second alternative the provisions of paragraph 3 of this Article
shall apply mutatis mutandis.
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. Within such accommodation, the force may apply its own regulations
in the fields of public safety and order where such regulations prescribe standards
equal to or higher than those prescribed in German law.
-
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.
-
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 The German regulations 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 insofar as the regulations of the force
in these fields do not prescribe equal or higher standards. Within the accommodation
made available for its use, a force may apply its own regulations, provided that neither
public health (öffentliche 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.
-
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, as applicable to civilian employees working with the German Armed
Forces, with the exception of decrees regulating working conditions (Dienstordnungen)
and tariff regulations, shall apply to employment of civilian labour with a force
or a civilian component except as otherwise provided in the present Agreement.
-
(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) Without prejudice to their claim to remuneration, civilian employees shall have no
right to actual work.
-
(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) A force shall have the right to assemble non-German civilian labour to form civilian
service organizations.
-
(f) Employment of civilian labour with a force or a civilian component shall not be deemed
employment with the German public service.
-
2 If a German Labour Court decides that the contract of employment has not come to an
end by notice to terminate, it shall fix ex officio the compensation payable in the event that the continuation of the employment is
refused. This shall apply to proceedings, to obtain protection against dismissal (Kündigungsschutzverfahren)
as well as to other actions for a declaratory judgement (Feststellungsklage), or for
damages or specific performance (Leistungsklage) arising out of the contract of employment.
The amount of compensation shall be determined according to the provisions of German
labour law. The contract of employment shall be deemed to be terminated upon a refusal
to continue the employment. The force or the civilian component shall inform the person
concerned without delay, and, in any case, not later than two weeks after service
of the decision of the Labour Court, whether it chooses to continue the employment
or to pay the compensation. If no statement is made within this period of time, the
force or the civilian component shall be deemed to have chosen to pay the compensation.
The choice of continued employment of the person concerned shall not preclude the
possibility of filing an appeal against the decision. 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, have the right of engagement, classification in accordance with sentences
2 to 6 of sub-paragraph (a) and with sub-paragraph (b) of paragraph 7 of this Article, and of placement, training, transfer, dismissal
and acceptance of resignations.
-
7
-
(a) The authorities of a force or of a civilian component shall determine the number of
jobs required and classify such jobs in accordance with the job groupings established
under sub-paragraph (a) of paragraph 5 of this Article. The individuals to fill such jobs shall be provisionally
classified by the authorities of the force or of the civilian component into the appropriate
wage or salary groups. The latter classification shall be subject to the approval
of the competent German authorities. Such approval shall be deemed to have been given,
unless the German authorities raise an objection within two weeks of the date of receipt
of notification of the provisional classification. If an objection has been raised,
the aprropriate classification shall be determined by consultation between the authorities
of the force or of the civilian component and the German authorities. The remuneration
for the period covered by the provisional classification shall be paid according to
the final classification; the worker shall be so informed at the time of the provisional
classification.
-
(b) The authorities of the force shall carry out the classification of the members of
the civilian service organizations. They shall inform the appropriate German authorities
of such classification and shall give due consideration to any suggestions for amendment
made by the latter.
-
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 costs of
such administrative work shall be reimbursed by the force in the amount of a percentage
of the total wages and salaries, including allowances and gratuities, administered
by the German authorities. The percentage shall be based on actual costs and shall
be the subject of separate agreements between the German authorities and the authorities
of each sending State, in which the criteria for assessing such costs shall also be
laid down.
-
1 A force, a civilian component, their members and dependents shall have the right to
cross the borders of the Federal Republic or to move within and over the Federal territory
in vehicles, vessels and aircraft.
-
3 Unless otherwise provided in the present Agreement, German traffic regulations shall
apply to a force, a civilian component, their members and dependents.
-
4
-
(a) Deviations from German regulations governing conduct in road traffic shall be permitted
to a force only in cases of military exigency and then only with due regard to public
safety and order.
-
(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 permitted only in case of accidents, catastrophes,
state of emergency or by agreement between those authorities.
-
5 Subject to due regard being paid to public safety and order, German regulations shall
not apply to the construction, design and equipment of vehicles, trailers, inland
water vessels or aircraft of a force and of a civilian component, if such vehicles,
trailers, inland water vessels or aircraft conform to the regulations of the sending
State.
-
7 The German military authorities shall represent the military aviation interests of
the forces within the German Commission for the Co-ordination of Civil and Military
Aviation when established pursuant to the Recommendations of the International Civil
Aviation Organization and of the Committee for European Air Space Coordination of
the North Atlantic Treaty Organization, and shall be responsible for the presentation
in this Commission of a co-ordinated military viewpoint. Representatives of the forces
shall, where appropriate, be given adequate opportunity to present their views before
the Commission.
-
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.
-
4
-
(a) A force may continue to operate and maintain telecommunication facilities taken into
use under then existing regulations prior to the entry into force of the present Agreement.
-
(b) Telecommunication facilities, the installation of which under then existing regulations
was begun but not completed prior to the entry into force of the present Agreement,
may be taken into use within a period of six months after that date, provided that
they are included in a list which shall be submitted to the Federal Government upon
the entry into force of the present 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
licenses.
-
8
-
(a) In establishing and operating telecommunication facilities, a force shall observe
the provisions of the International Telecommunications Convention, Buenos Aires, of
1952, or of such other instrument as may replace it, and of 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 Complete control of the cables identified as FK 12 and FK 41 lying within the Federal
territory, including the associated equipment, shall be exercised by the authorities
of the sending State concerned.
-
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 (Schutzbereichentschadigung) payable under German
law to the Lander, 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.
-
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
-
(a)
-
(i) The tax relief provided under items (ii) to (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, provided that payment 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 its authorized agent has obtained by the
conversion of such currency in the Federal Republic, or in Deutsche Mark whose use
is admissible within the scope of the provisions of this paragraph in accordance with
any special agreement reached between the German authorities and the authorities of
the sending State. Tax exemptions and refunds shall be taken into account in calculating
prices.
-
(ii) Deliveries and services to a force or a civilian component shall be exempt from the
turnover tax. On request, suppliers shall be granted such refunds as are provided
in the German Turnover Tax Law in the event of export. Deliveries to a force or a
civilian component shall be deemed to be wholesale deliveries.
-
(iii) Transportation services rendered to a force or a civilian component by the German
Federal Railways or by commercial transportation enterprises shall be exempt from
transportation tax. Exemption from transportation tax shall not be granted for transportation
services rendered for or by a supplier or person who renders services in connection
with deliveries or services to a force or a civilian component whether carried by
factory-owned longdistance transport (Werkfernverkehr), by the German Federal Railways
or by other commercial carriers.
-
(iv) Goods delivered to a force or a civilian component from the free inland trade (zollrechtlich
freier Verkehr) shall be granted the exemptions, refunds or price discounts provided
by customs, excise, and fiscal monopoly 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 in 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 und Gewerbe). Such
of these regulations as relate to safety measures shall, subject to Article 53 of
the present Agreement, nevertheless apply.
-
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.
Defensive works, the execution of which has been agreed with the Federal Republic
prior to the entry into force of the present Agreement or on which work has commenced
prior to that date, shall be completed as planned.
The Standing Commission provided for in paragraph 8 of Article 17 of the Forces Convention
shall, in the interests of common defence and air safety, for the time being continue
its functions in the field of co-ordination of civil and military aviation. When the
German Commission referred to in paragraph 7 of Article 57 of the present Agreement,
together with any additional organization required to ensure effective co-ordination
between civil aviation and all military air forces in the Federal Republic, has been
set up by the German authorities and is in a position to satisfy the requirements
of the forces in this field, the Standing Commission shall be dissolved after adequate
prior consultation between the German authorities and the authorities of the forces
concerned.
-
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.
-
1 The tax relief provided in paragraph 1 and sub-paragraphs (a), (c) and (d) of paragraph 2 of Article 33 of the Forces Convention, and in Article 3 of the Agreement
on the Tax Treatment of the Forces and their Members, as amended by Schedule V to
the Protocol on the Termination of the Occupation Regime in the Federal Republic of
Germany, signed at Paris on 23 October 1954, shall continue to be granted in respect
of goods and services for which payment is made in Deutsche Mark, after the entry
into force of the present Agreement, from the carry-over of occupation costs and mandatory
expenditures funds or from the carry-over of support costs funds agreed upon for the
period up to 5 May 1957.
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 Subject to the provisions of paragraph 2 of this Article, the present Agreement shall
remain in force while forces are stationed in the Federal Republic in accordance with
the terms of the Convention on the Presence of Foreign Forces in the Federal Republic
of Germany of 23 October 1954 or any arrangement which may replace it.
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.
