105. Federal Act, 2001 amends the foreign usage law
The National Council has decided:
Amendment to the international usage Act 2001
The foreign usage Act 2001, Federal Law Gazette I no. 55, as last amended by the budget bill 2011, Federal Law Gazette I no. 111/2010, is amended as follows:
1. in the table of contents, following clause label and heading is inserted after the heading to section 6:
'Article 6a. Tasks and powers in foreign service"2. According to § 6, the following section 6a together with heading shall be inserted:
"Functions and powers in international missions
§ 6a. (1) persons who within the area of responsibility of the Federal Ministry for defence and sports to the international mission referred to in paragraph 1 No. 1 lit. c KSE-BVG shall para 2 to 4 be authorized tasks this abroad are concrete to meet, as well as to the exercise and enforcement of previous necessary powers, as far as they are intended in the underlying provisions of international law, in accordance with a. Here, also the necessary measures for securing equity as well as to protect and to safeguard other people and things to the necessary extent may be perceived.
(2) as the powers to carry out the tasks according to paragraph 1 be considered
1. use of personal data, which is to carry out the tasks in operations abroad are required, 2. request, 3 traffic management, including the establishment of control points, 4. control, search and provisional detention of persons, 5. signposts of people, 6 establishment of security zones and imposition of curfews, 7 search, securing and claiming things, 8 termination of attacks against legal goods protected part of the use of foreign and 9 other measures for protecting and securing people and things.
(3) if Z 1, or a request for information referred to in paragraph 2 Z 3 to 9, in account comes no. 2 or the application of direct coercive power to enforce powers referred to in paragraph 2 to the fulfilment of the tasks of the respective foreign insert the use of personal data referred to in paragraph 2, for posting to this overseas deployment competent organs according to § 2 KSE-BVG by regulation to determine , which powers their operations abroad by any means gone. It is to take on the underlying foreign use international regulations and the respective military interests, according to care.
(4) in the exercise and enforcement of the powers referred to in paragraph 2, at least the sections 3 to 5 and 16 to 19 of the military Authorization Act (MBG), Federal Law Gazette are I no 86/2000, concerning general principles and measures for the exercise of authority including the proportionality principle shall apply. In the § 18 par. 5 and 19 may apply paragraph 5 only MBG concerning special arrangements in use, if this is allowed under the international regulations for the respective foreign deployment. Any exercise of power in the international mission has in accordance with the European Convention for the protection of human rights and fundamental freedoms (ECHR), Federal Law Gazette No. 210 / 1958, as well as other international arrangements to be made."
3. in article 12 the following paragraph 8 is added:
"(8) in respect of foreign missions, which has not yet been completed, prior to the entry into force of the Federal Act, Federal Law Gazette No. 105/2011, I decided you are Article 6a, paragraph 3 required regulations to no later than July 1, 2012 to enact."