Undof Regulation

Original Language Title: UNDOF-Verordnung

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188. Federal Government Ordinance on the powers of persons sent to the Golan Heights abroad (UNDOF 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 on the Golan Heights within the framework of the United Nations Disengagement Observer Force (UNDOF) from the area of responsibility of the Federal Minister of Defence and Sport for the persons of the Federal Republic of Germany Security Council Resolution 350 (1974) of 31 May 1974 and the other international rules on which it is based. These tasks shall include in particular:

1.

Maintaining the ceasefire between Israel and Syria,

2.

Surveillance of the Israeli and Syrian Armed Forces ' troop unbundling agreement, and

3.

Surveillance of the troop separation zone.

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.

Provisional arrest of persons,

a)

on the protection of United Nations bodies and personnel, including the prevention of abduction or arrest, and

b)

on the protection of the freedom of movement of United Nations personnel,

2.

Searches of persons to ensure weapons, ammunition and explosives and to disarm persons or groups,

3.

-ensuring weapons, ammunition and explosives;

4.

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

5.

Measures to protect and secure UNDOF or other legal goods to be protected in the context of the use, including the preparatory measures 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 laid down in paragraph 3 (3) (1) to (5).

Faymann Spindelegger Hundstorfer Fekter Heinisch-Hosek Stöger Mikl-Leitner Karl Berlakovich Darabos Schmied Bures Mitterlehner Töchterle