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129. Presentation by the Federal Chancellor concerning the scope of the Additional Protocol to the Convention between the States Parties to the North Atlantic Treaty and the other States participating in the Partnership for Peace on the Legal status of their troops
Following the communication of the Government of the United States of America, the Russian Federation, on 28 August 2007, adopted its instrument of ratification of the Additional Protocol to the Convention between the States Parties to the North Atlantic Treaty and the other The Partnership for Peace participating States on the legal status of their troops (BGBl. III n ° 137/1998, last proclamation of the BGBl area. (III) No 56/2007), and issued the following statement:
" For the purposes of the implementation of the Convention between the States Parties to the North Atlantic Treaty and the other States participating in the Partnership for Peace, on the status of their forces of 19 June 1995, the Russian Federation of the following understanding of the provisions of the Agreement between the parties to the North Atlantic Treaty on the status of their forces of 19 June 1951 (hereinafter referred to as "the Agreement"):
| 1) |
The provision in Art. 4, which obliges the authorities of the sending State to inform the host country without delay if a member of the force or of the civilian order does not return to his country after he has been eliminated from the service, in those cases where such persons, if they are carrying weapons, are not allowed to move away from the place of residence of the sending State troops. |
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| 2) |
On a reciprocal basis, the Russian Federation understands the words "possess weapons" in Art. VI of the Agreement as the application and use of weapons and the words "Favourably considering the request of the host State" as an obligation of the authorities of the sending State, request of the host State relating to transport, transport, use and To consider the use of weapons. |
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| 3) |
The enumeration of criminal acts in accordance with Art. VII, para. 2 lit. c is not exhaustive and includes for the Russian Federation, in addition to the enumeration, also other violations of the law, which are directed against the foundations of the constitutional order and security of the Russian Federation and in its Criminal code is recorded. |
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| 4) |
According to Art. Under Article VII (4) of the Convention, the Russian Federation considers that the authorities of the sending State have the right to exercise their jurisdiction in the event where the presence of the force of the sending State has not been identified Persons offences against this state, members of its force and members of its civilian followers, or their relatives, commit. |
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| 5) |
The one in lit. a of the species. The assistance referred to in Article VII (6) of the Agreement shall be provided in accordance with the legislation of the requested State. In granting legal assistance, the competent authorities of the Contracting Parties shall interact directly and, if necessary, by means of the relevant higher-ranking authorities. |
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| 6) |
The Russian Federation permits import of the species in kind. The goods and vehicles referred to in Article XI (2), (5) and (6) of the Agreement, and the goods The equipment and articles intended for use by the force referred to in Article XI (4) of the Agreement, in accordance with the provisions of the customs legislation for temporary importation established by the customs legislation of the Russian Federation. . In this context, such import shall be carried out in full exemption from customs duties, taxes and charges. Excluding customs duties for the storage, customs treatment of goods and similar services outside the designated places or office hours of the customs authorities and for periods provided for in the Agreement, if such periods are in the Agreement are expressly provided for. |
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| The Russian Federation assumes that the procedure and the provisions for the import of in Art. The provisions of Article XI (4) of the Agreement and of goods intended for use by the Force shall be governed by separate agreements on the posting and reception of armed forces between the Russian Federation and the sending State. |
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| None of the provisions of the Art. XI, including paragraphs 3 and 8, restricts the right of the customs authorities of the Russian Federation to take all necessary steps to ensure compliance with the provisions in accordance with Art. XI for the importation of goods and vehicles, where such measures are necessary in accordance with the customs legislation of the Russian Federation. |
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| The Russian Federation assumes that the sending state will send confirmations to the customs authorities of the Russian Federation that all goods and vehicles that are in accordance with the provisions of Art. XI of the Agreement and in accordance with separate agreements concerning the posting and reception of armed forces between the Russian Federation and the sending country to the Russian Federation, exclusively for the purposes for which they are are allowed to be used. Should they be used for other purposes, all customs duties provided for in the law of the Russian Federation must be paid for such goods and vehicles, and the other requirements laid down in the law of the Russian Federation must be met. |
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| The transit of the goods and vehicles referred to above shall be carried out in accordance with the customs legislation of the Russian Federation. |
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| The Russian Federation explains in accordance with Art. XI, paragraph 11, their permission to import petroleum products into their customs territory, which are intended for consumption in the course of the operation of service land,-air,-and water-borne vehicles of the force or the civil entreage. The exception is the payment of customs duties and taxes in accordance with the requirements and restrictions of the law of the Russian Federation. |
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| The Russian Federation permits the import of in Art. XI (2), (5) and (6) of the Convention, and vehicles provided for use by members of the civil service and their family members, in accordance with the provisions of the law of the Russian Federation for temporary importation. |
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| The Russian Federation assumes that members of the civil service and their family members shall be subject to a-(-)-led goods intended solely for their personal use, including the goods for the first-hand direction. of a household, a customs treatment without the imposition of customs duties. This excludes customs duties for storage, customs treatment of goods and similar services outside the designated places or office hours of the customs authorities. |
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| 7) |
The Russian Federation further assumes that documents and enclosed materials sent to its competent authorities under this Agreement shall be translated into the Russian language by duly certified translations. will be accompanied. " |
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Gusenbauer
