Unifil Regulation

Original Language Title: UNIFIL-Verordnung

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189. Regulation of the Federal Government on the powers of persons sent to Lebanon to be used abroad (UNIFIL 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 Lebanon within the framework of the United Nations Interim Force in Lebanon (UNIFIL) from the responsibility of the Federal Minister for National Defence and Sport for the persons sent in accordance with the resolutions of the Federal Ministry for Defence and Sport Security Council 425 (1978) and 426 (1978) of 19 March 1978, the extended mandate pursuant to resolution 1701 (2006) of 11 August 2006 and the other international legal provisions on which this foreign application is based. These tasks shall include:

1.

the monitoring of the withdrawal of the Israeli forces,

2.

the support of the Government of Lebanon in order to regain effective control;

3.

the monitoring of the cessation of hostilities and fighting and the prevention of the resumption of armed conflict between Israel and Lebanon, and

4.

the extension of support for access to humanitarian aid to the civilian population and for the voluntary and safe return of displaced persons.

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 management to land, sea and air, including the establishment of checkpoints, in particular to secure the spaces required for the implementation of the operation;

2.

Provisional arrest of persons, if:

a)

there are reasonable grounds for believing that these persons are at risk of the performance of duties or of persons and property to be insured, or

b)

those people are trying to pass through approved roadblocks, checkpoints, or barriers,

3.

Search for persons arrested, in particular to ensure weapons, ammunition and explosives and to disarm armed persons or groups,

4.

Expulsion of persons, as far as this is necessary for the performance of tasks, in particular to ensure the freedom of movement of UNIFIL or other legal goods which are particularly protective in the context of the use of such persons,

5.

Establishment and protection of military and non-military security zones,

6.

To ensure that the goods are subject to a risk for the performance of the tasks or for the persons and objects to be secured,

7.

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

8.

Measures to protect and secure UNIFIL or any other legal property to be protected, 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 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