Kfor Regulation

Original Language Title: KFOR-Verordnung

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190. Regulation of the Federal Government over the powers of the persons delegated to the foreign deployment in Kosovo (KFOR 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 in Kosovo in the framework of the international security presence (KFOR) from the jurisdiction of the Federal Ministry for defence and sports are outgoing people after the Security Council resolution 1244 (1999) of 10 June 1999, as well as the other international regulations underlying this overseas deployment. These tasks include in particular the 1. deterrence by the resumption of hostilities and maintain a ceasefire, 2. creating a safe environment, 3 performance of border monitoring duties, 4. ensuring the protection and freedom of movement of the "United Nations Interim Administration Mission in Kosovo" (UNMIK) and the other international organisations and 5. full cooperation with the International Tribunal for the former Yugoslavia.

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 land and in the air, especially with problems of security, as well as to hedge the spaces required for the execution of the Insert, 2. control and search of persons, in particular to establishing the identity of the persons concerned and the reasons for their stay at the place of the control , as well as to carry out within the framework of the use of any other action needed, 3. provisional detention of persons, if a) reasonable grounds for adoption are available that a danger for the fulfilment of tasks or otherwise assumes this person to be protected persons and things, or b) finds a person guilty of war crimes, crimes against humanity or genocide to an International Court's arrest warrant or there is reasonable suspicion , that a person in connection with organized crime or international terrorism or is a person with a crime against life, limb or health or freedom red-handed or immediately before or after such an act will enter, 4. signposts of people a) to ward off a potential hazard to life or health or physical integrity by members of KFOR and assets of legal interests to be protected KFOR or other part of the insert or b) to carry out which in the context of other measures of use of, 5. construction and protection of military and non-military security zones and imposition and enforcement of curfews, 6 search and ensure things, a) of which assumes a threat to KFOR or legal interests to protect others in the context of the use, or b) as far as this is essential to carry out within the framework of the use of any other action needed , 7. termination by attacks, including other required measures against KFOR or legal interests especially to protective others within the framework of the mission, and 8.
Measures to protect and to ensure the KFOR or by others in the context of use in protecting legal interests, including measures necessary to prepare for this purpose.

(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