Rsm Regulation

Original Language Title: RSM-Verordnung

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

363. Regulation of the Federal Government on the powers of persons sent to Afghanistan to be used abroad (RSM Regulation)

On the basis of § 6a (3) of the German Federal Foreign Service Act 2001 (AuslEG 2001), BGBl. I n ° 55, as last amended by the Federal Law BGBl. I Nr. 181/2013, in conjunction with § 2 para. 1 of the Federal Constitutional Law on Cooperation and Solidarity in the Posting of Units and Individuals to Abroad (KSE-BVG), BGBl. I n ° 38/1997 in the version of the Federal Law BGBl. I n ° 35/1998, shall be assigned in agreement with the main Committee of the National Council:

Tasks

§ 1. The tasks of the foreign mission according to § 1 Z 1 lit. a KSE-BVG to Afghanistan within the framework of the Resolute Support Mission (RSM), which is the responsibility of the Federal Minister for National Defense and Sport, is governed by Security Council Resolutions 2120 (2013) of 10 June 2010. October 2013 and 2189 (2014) of 12 December 2014, an international agreement between NATO and Afghanistan ("NATO-Afghanistan Status of Forces Agreement") of 30 September 2014, as well as the other use of this foreign mission in accordance with international law. These tasks shall include:

1.

the establishment and construction of efficient civilian and military capabilities and structures; and

2.

training, advising and support for the Afghan National Security Forces (ANSF) and the Afghan Security Institutions (ASI).

Powers and resources

§ 2. (1) The data required for the performance of the tasks referred to in § 1, in particular the data necessary for the determination of identity of persons, may be processed and transmitted to those national and international needs for their Task fulfillment the data is required. This authorisation shall also apply to sensitive data.

(2) The institutions sent in each case may obtain information from those persons from which it is to be assumed that they may provide relevant information for the performance of the tasks in accordance with § 1.

(3) In order to enforce the following powers, direct coercive power may be applied by the institutions sent in each case, in so far as it is necessary for the performance of the tasks referred to in § 1:

1.

Transport by land and in the air,

2.

Provisional arrest of persons, if there are reasonable grounds for believing that the person is at risk for the performance of the duties or for the persons and objects to be insured,

3.

the control and screening of persons in the context of preliminary arrests of persons and the implementation of the other measures necessary for the implementation of such measures,

4.

Expulsion of persons

a)

to avert a potential danger to the life or health or physical integrity of members of the RSM or assets of the RSM or other legal goods to be protected in the context of the use, or

b)

for the implementation of the other necessary measures in the context of the use,

5.

Establishment and protection of military and non-military security zones,

6.

Search and ensure things,

a)

where there is a risk to RSM or other legal goods to be protected in the context of the use, or

b)

in so far as it is necessary for the implementation of the other necessary measures in the context of the use,

7.

Termination of attacks, including any other necessary measures, against RSM or any other legal goods that are particularly protective in the context of the use, and

8.

Measures to protect and secure the RSM or other persons and property to be protected in the context of the use of the RSM.

(4) In the exercise and enforcement of the individual powers, Section 4 of the Military Authorisation Act (MBG), BGBl. I No 86/2000, on the principle of proportionality. The special regulations in use pursuant to Section 18 (5) and § 19 (5) of the MBG may be applied in order to enforce the powers provided for in paragraphs 3 and 3 (1) to (8).

In-and out-of-power

§ 3. (1) This Regulation shall enter into force 1. Jänner 2015 in force.

(2) With the expiry of 31 December 2014, the Federal Government's Regulation on the powers of persons sent to Afghanistan (ISAF Regulation), BGBl, shall enter into force. II No 191/2012, except for force.

Faymann Mitterlehner Hundstorfer Heinisch-Hosek Kurz Karmasin Schelling
Oberhauser Mikl-Leitner Brandstetter Ostermayer Klug Ruppright-hand Stöger