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363 Ordinance of the Federal Government over the powers of the persons delegated to international missions to Afghanistan (RSM Regulation)
On the basis of Article 6a par. 3 of the foreign usage Act 2001 (AuslEG 2001), Federal Law Gazette I no. 55, as last amended by Federal Law Gazette I no. 181/2013, in conjunction with § 2 par. 1 of the Federal Constitutional Act on cooperation and solidarity in sending units and individuals abroad (KSE-BVG), Federal Law Gazette I no. 38/1997 as amended by Federal Law Gazette I no. 35/1998 , is prescribed in consultation with the Policy Committee of the National Council:
§ 1. The tasks of foreign used according to § 1 Z 1 lit. a KSE-BVG to Afghanistan within the framework of the resolute support mission (RSM) from the jurisdiction of the Federal Ministry for defence and sports outgoing people are based on the resolutions of the Security Council 2120 (2013) from October 10, 2013 and 2189 (2014) from 12 December 2014, an international agreement between NATO and Afghanistan ("NATO-Afghanistan status of forces agreement") by September 30, 2014, as well as the other international regulations underlying this overseas deployment. These tasks include in particular: 1. the expanding and creating more efficient civil and military capacities and structures and 2 training, advice and support for the Afghan security forces (Afghan national security forces - ANSF), and the Afghan security institutions (Afghanistan security institutions - ASI).
Powers and resources
The required data, in particular the data necessary for the identification of persons, may 2 (1) for the fulfilment of the tasks according to § 1 processed and are transmitted to those national and international agencies, the data are required for the fulfilment of their tasks. This authorization applies to sensitive data.
(2) each delegated bodies may obtain information by those persons, that is, they can give useful hints for the fulfilment of the tasks referred to in paragraph 1.
(3) to enforce the following powers direct coercive power may be applied through each outgoing bodies, insofar as it is necessary for the fulfilment of the tasks referred to in article 1: 1 traffic management on land and in the air, 2. provisional detention of persons, if there is sufficient reason to believe that a danger for the fulfilment of tasks or otherwise assumes this person to be protected persons and things , 3 control and searches of individuals as part of preliminary arrests of persons and to carry out within the framework of the use of any other action needed, 4. signposts of people a) to ward off a potential hazard to life or health or physical integrity by members of the RSM and assets of legal interests to be protected RSM or others in relation to the use or b) to the required measures other within the framework of use of , 5. establishment and protection of military and non-military security zones, 6 search and ensuring of things, a) of which, danger for RSM or legal interests to protect others in the context of the use is, or b) as far as the required measures other within the framework of use of is necessary to, 7. termination by attacks, including other required measures against RSM or legal interests protected others especially to in the context of the use , and 8.
Measures to protect and secure the RSM or others in the context of the commitment of to protected persons and things.
(4) in the exercise and enforcement of individual powers is section 4 of the military authority Act (MBG), Federal Law Gazette I no. 86/2000, concerning the principle of proportionality to be applied. The special schemes in use according to § 18 paragraph 5 and article 19, par. 5 MBG may be applied to enforce the powers according to para 3 Z 1 to 8.
Home and expiry
3. (1) effective this regulation with 1 January 2015.
(2) with expiry of the 31 December 2014 is the regulation of the Federal Government over the powers of the persons delegated to the foreign deployment to Afghanistan (ISAF Regulation), Federal Law Gazette II No. 191/2012, override.
Faymann Mitterlehner Hundstorfer Heinisch-Hosek Kurz Karmazin Schelling o Mikl-Leitner Brandstetter Ostermayer Klug Raj sands
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