Key Benefits:
190. Federal Government Ordinance on the powers of persons sent to Kosovo to be used abroad (KFOR 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 in Kosovo under the international security presence (KFOR) under the responsibility of the Federal Minister for National Defence and Sport (KFOR) is governed by the Security Council Resolution 1244 (1999) of the 10 June 1999, as well as the other international regulations on which this international application is based. These tasks shall include in particular:
| 1. |
Deterrence of the resumption of hostilities and the maintenance of a ceasefire, |
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| 2. |
the creation of a secure environment, |
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| 3. |
Perception of border surveillance tasks, |
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| 4. |
Ensuring the protection and freedom of movement of the United Nations Interim Administration Mission in Kosovo (UNMIK) and the other international organizations and |
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| 5. |
Full cooperation with the International Tribunal for the former Yugoslavia. |
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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 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; |
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| 2. |
the control and screening of persons, in particular for the identification of the identity of the persons concerned and the reasons for their stay at the place of control, and for the implementation of the other necessary measures in the context of the use of such control; |
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| 3. |
Provisional arrest of persons, if: |
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| a) |
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, or |
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| b) |
a person is wanted for war crimes, crimes against humanity or genocide with an arrest warrant of an international court, or there is reasonable suspicion that a person in connection with organized crime or international terrorism, or where a person is entered in the event of a crime against life or health or physical integrity or freedom in the form of a fresh act, or immediately before or after such a crime, |
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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 KFOR's KFOR or other property belonging to KFOR, or to other legal goods to be protected in the context of the use, 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, as well as the imposition and enforcement of exit barriers, |
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| 6. |
Search and ensure things, |
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| a) |
of which there is a risk to KFOR or any other legal goods to be protected in the context of the use, or |
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| b) |
in so far as it is essential for the implementation of the other necessary measures in the context of the use, |
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| 7. |
Termination of attacks, including other necessary measures, against KFOR 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 KFOR or other legal goods to be protected in the context of the operation, including the preparatory measures necessary for this purpose. |
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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
