Amendment To The International Usage Act 2001

Original Language Title: Änderung des Auslandseinsatzgesetzes 2001

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105. Federal law, which changes the foreign application law in 2001

The National Council has decided:

Amendment of the Foreign Application Act 2001

The International Application Act 2001, BGBl. I n ° 55, as last amended by the Budgetbegleitgesetz 2011, BGBl. I n ° 111/2010, is amended as follows:

1. In the table of contents, the following paragraph title and title shall be inserted after the title to section 6:

" § 6a. Tasks and Powers in Foreign Use "

2. In accordance with § 6, the following § 6a and title is inserted:

" Tasks and powers in foreign operations

§ 6a. (1) Persons who are in the responsibility of the Federal Minister for National Defence and Sport for a foreign assignment in accordance with § 1 Z 1 lit. a to c KSE-BVG are to be sent, in order to fulfil specific tasks of this foreign deployment as well as for the exercise and enforcement of the powers necessary for this purpose, insofar as they are provided in the underlying international law regulations, according to The conditions laid down in paragraphs 2 to 4 are authorized. In this connection, the necessary measures for the self-assurance and for the protection and protection of other persons and property may also be carried out in the necessary scope.

(2) As powers for the performance of the tasks referred to in paragraph 1, consideration shall be given to:

1.

the use of personal data necessary for the purpose of carrying out the tasks arising from the use of a foreign office;

2.

Request for information,

3.

Transport management, including the establishment of control points,

4.

Control, search and provisional arrest of persons,

5.

Expulsion of persons,

6.

Establishment of safety zones and the imposition of curfew,

7.

Search, security and use of goods,

8.

Cessation of attacks against legal assets to be protected in the context of foreign operations, and

9.

Other measures for the protection and protection of persons and property.

(3) Insofar as the use of personal data pursuant to paragraph 2 (2) (1) or a request for information pursuant to paragraph 2 (2) or (2) (2) or the application of direct force for the enforcement of powers in accordance with paragraph 2 (2) (2) (2) of 2 (2) (3) to (9), the institutions responsible for posting to this foreign office in accordance with § 2 of the German Federal Law of Law (KSE-BVG) have to determine, by means of a regulation, which powers are to be exercised in the respective foreign deployment by what means. In doing so, consideration should be given to the provisions of international law based on the respective foreign application and to the respective military interests.

(4) In the exercise and enforcement of the powers pursuant to paragraph 2 of this article, § § 3 to 5 and 16 to 19 of the Military Powers Act Act (MBG), BGBl. I No 86/2000, on general principles and measures for the exercise of powers, including the principle of proportionality. In this connection, § § 18 (5) and 19 (5) MBG may be applied in the case of special arrangements only if this is permitted under international law regulations for the respective foreign application. Any power of authority in a foreign mission shall be subject to the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), BGBl. No 210/1958, as well as other provisions of international law. '

3. In § 12, the following paragraph 8 is added:

" (8) With regard to those missions abroad, which prior to the entry into force of the Federal Law, BGBl. No 105/2011, have been decided and have not yet been completed, the regulations required pursuant to Section 6a (3) shall be adopted by 1 July 2012 at the latest. "

Fischer

Faymann