191. Regulation of the Federal Government over the powers of the persons delegated to international missions to Afghanistan (ISAF 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. 105/2011, 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: exercise section 1. The tasks of foreign used according to § 1 Z 1 lit. a KSE-BVG to Afghanistan within the international security assistance force in Afghanistan (ISAF) from the jurisdiction of the Federal Ministry for defence and sports outgoing people vary according to Security Council resolutions 1386 (2001) of 20 December 2001, 1510 (2003) of 13 October 2003 and 2011 (2011) by October 12, 2011, as well as the other international regulations underlying this overseas deployment. These tasks include in particular: 1. maintaining internal security in support of the Afghan Interim Administration, 2. the training and support of the Afghan security forces and 3. helping with the reconstruction of structures.
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, including the establishment of control points, 2. control and search of persons, in particular within the provisional detention of persons and the required measures other within the framework of use of , 3. 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 property, 4. signposts of a people) to ward off a potential hazard to life or health or physical integrity by members of ISAF and assets of legal interests to be protected ISAF or any other part of the insert 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 assumes a threat to ISAF or legal goods to protect others in the context of the use of, 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 ISAF or legal interests protected others especially to in the context of the use , and 8.
Measures to protect and to ensure ISAF or any other part of the insert of to protected persons or objects.
(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.
Smith of Faymann Spindelegger Hundstorfer Fekter Heinisch-Hosek sands Mikl-Leitner Karl Berlakovich Darabos Bures Mitterlehner Töchterle