Unficyp Regulation

Original Language Title: UNFICYP-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.

161. Federal Government Ordinance on the powers of persons sent to Cyprus for foreign use (UNFICYP 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 Cyprus within the framework of the United Nations Peacekeeping Force in Cyprus (UNFICYP) under the responsibility of the Federal Minister for National Defence and Sport to judge persons who have been sent In particular, according to Security Council Resolutions 186 (1964), 364 (1974), and most recently 2135 (2014) of 30. January 2014 as well as the other international regulations on which this foreign application is based. The tasks shall include in particular:

1.

maintaining the ceasefire between the Turkish and Turkish Cypriot forces in the north and the Greek-Cypriot forces in the south,

2.

Securing and monitoring a buffer zone along the ceasefire line, as well as

3.

Support for the performance of humanitarian aid.

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 used and transmitted to those national and international needs for the 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 to land and in the air, in particular in the event of adverse effects on safety, as well as for the protection of the spaces required for the implementation of the operation;

2.

Control and search of persons, in particular in the context of preliminary detentions of persons, to ensure weapons, ammunition and explosives and to disarm persons or groups and to carry out the implementation of the measures in the context of the use of other necessary measures,

3.

Provisional arrest of persons who commit a serious offence to commit or have committed immediately, or if that person is at risk of fulfilling their duties or for the persons and objects to be secured,

4.

Expulsion of persons

a)

to avert a potential danger to the life or health or physical integrity of UNFICYP or UNFICYP assets or other legal goods to be protected under the use of UNFICYP or other UNFICYP assets, 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.

-ensuring weapons, ammunition and explosives;

7.

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

8.

measures to protect and secure UNFICYP or other legal goods to be protected in the context of the operation, including the preparatory actions necessary for this purpose.

(4) In the exercise and enforcement of the individual powers, Section 4 of the Military Authorisation Act (MBG), BGBl. I n ° 86/2000, as last amended by the Federal Law BGBl. I No 181/2013, 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).

Faymann Spindelegger Hundstorfer Kurz Stöger Mikl-Leitner Brandstetter Ruppory Klug Heinisch-Hosek Ostermayer Bures Mitterlehner Karmasin