Key Benefits:
191. Federal Government Ordinance on the powers of persons sent to Afghanistan to be used abroad (ISAF 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 n ° 105/2011, in conjunction with Section 2 (1) of the Federal Constitutional Law on Cooperation and Solidarity in the Posting of Units and Individuals to Abroad (CFE-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 International Security Assistance Force in Afghanistan (ISAF), which is the responsibility of the Federal Minister of Defence and Sport, according to the resolutions of the Federal Minister for Defence and Sport, Security Council 1386 (2001) of 20 December 2001, 1510 (2003) of 13 December 2001. October 2003 and 2011 (2011) of 12. October 2011, as well as the other international regulations on which this international application is based. These tasks shall include:
| 1. |
the maintenance of internal security in support of the Afghan Interim Administration, |
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| 2. |
the training and support of the Afghan security forces and |
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| 3. |
aid in the reconstruction of the rule of law. |
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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 to land and air, including the establishment of checkpoints, |
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| 2. |
the control and screening of persons, in particular in the context of preliminary arrests of persons and the implementation of the other necessary measures in the context of the use of such persons; |
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| 3. |
Provisional arrest of persons, if: there are reasonable grounds for believing that this person poses a risk to the performance of the duties or to the persons and objects to be insured, |
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| 4. |
Expulsion of persons |
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| a) |
to avert a potential danger to the life or health or physical integrity of ISAF's or other ISAF assets or other legal assets to be protected under the use of ISAF or other assets of ISAF or other assets, or |
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| b) |
for the implementation of the other necessary measures in the context of the use, |
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| 5. |
Establishment and protection of military and non-military security zones, |
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| 6. |
Search and ensure things, |
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| a) |
of which there is a risk to ISAF or any other legal goods to be protected in the context of the operation, or |
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| b) |
in so far as it is necessary for the implementation of the other necessary measures in the context of the use, |
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| 7. |
Termination of attacks, including any other necessary measures, against ISAF or any other legal goods that are particularly protective in the context of the deployment, and |
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| 8. |
Measures to protect and secure ISAF or others in the context of the use of persons and property to be protected. |
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(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).
Faymann Spindelegger Hundstorfer Fekter Heinisch-Hosek Stöger Mikl-Leitner Karl Berlakovich Darabos Schmied Bures Mitterlehner Töchterle
