Foreign Cost Law (AKostG)

Unofficial table of contents

AKostG

Date of completion: 21.02.1978

Full quote:

" Foreign costs law of 21 February 1978 (BGBl. 301), as last amended by Article 12 of the Law of 23 July 2013 (BGBl). 2586).

G up. By Art. 4 (43) G v. 7.8.2013 I 3154 mWv 14.8.2018
Status:	Last amended by Art. 12 G v. 23.7.2013 I 2586

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.1980 + + +) Unofficial table of contents

§ 1 Scope

(1) For official acts in accordance with § § 1 to 17 of the consular law of 11 September 1974 (BGBl. I p. 2317) are collected by the Federal Missions abroad (missions abroad) and the Honorary Consular Officers (fees and expenses). (2) Costs are also charged for official acts of the Federal Foreign Office. (3) Fee regulations in the case of official acts abroad in other legislation shall remain unaffected. Unofficial table of contents

§ 2 Costing

(1) The Federal Minister of Foreign Affairs is authorized, in agreement with the Federal Minister of the Interior and the Federal Minister of Finance, by means of a legal regulation to the chargeable facts and the fee rates, taking into account the § § 3 (2) In the Regulation, it is also possible to determine the cases in which expenses are not levied, because the administrative burden associated with the survey is disproportionate to the level of the expenses. Unofficial table of contents

§ 3 Sachliche fee-free

Fees shall not be provided for:

1.

oral and simple written information,

2.

Acts of office in favour of mercy and of supervision of services,

3.

official acts resulting from an existing or former service or employment relationship of civil servants, or from an existing or prior public service relationship,

4.

Acts resulting from an existing or prior legal service or an activity which may be carried out in place of the statutory service obligation.

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§ 4 Fees of fees

(1) The rates of charges shall be such that, on the one hand, between the amount of the fee to be taken into account by the administrative burden and the importance, economic value or other benefits of the act, on the other hand, an appropriate amount of the fee shall be charged. (2) The fees shall be determined by fixed rates, framework rates, or by the value of the item. Unofficial table of contents

§ 5 Fee measurement

(1) Where there are framework rates for fees, account should be taken of the fixing of the fee in individual cases.

1.

the administrative burden associated with the official act, in so far as expenses are not calculated separately as expenses, and

2.

the importance, economic value or other benefits of the official act for the charge debtor and its economic circumstances.

(2) If a fee is to be calculated on the basis of the value of the object, the value at the time of the termination of the official act shall be decisive for the calculation. The applicant shall be obliged to provide the information necessary for the determination of the value. Unofficial table of contents

§ 6 Zustrikes

The Federal Minister of Foreign Affairs may, by means of a regulation on fees levied by the diplomatic missions and the Honorary Consular Officers for official acts in accordance with the Fees Ordinance issued pursuant to § 2, to compensate for the A surcharge of up to 200% of the fees can be set for purchasing power differentials or for adjustment to higher fee rates for comparable official acts in the host country. Unofficial table of contents

§ 7 Deposits

(1) Deposits of the missions abroad and of the honorary consular officers, which arise in connection with the official acts referred to in § 1 paragraph 1, shall be reimbursed. (2) The following levies shall be levied for official acts of the Federal Foreign Office:

1.

Telephone charges for long-distance transport, telegraph and telex charges,

2.

Writing expenses for copies, copies and excerpts which are issued on a special request; the amount of the spellings shall be determined in accordance with the number 31000 of the list of costs relating to the judicial and notary fees law,

3.

Expenses for translations made on a special request,

4.

costs incurred by public notices, with the exception of the postal charges incurred in this connection,

5.

the amounts to be paid in the corresponding application of the Justice and Compensation Act; if an expert is not remunerated on the basis of the second sentence of Article 1 (2) of that law, the amount to be paid without this provision shall be the amount of the amount payable. according to the law,

6.

the remuneration paid to members of the administrative staff on the basis of statutory or contractual provisions in the case of transactions outside the office (travel allowance, outsourcing) and the cost of the provision of rooms,

7.

the amounts to be paid to other domestic and foreign authorities, public bodies or officials, even if, for reasons of reciprocity, administrative simplification and the like, the authorities, bodies or officials no payments are to be made,

8.

the cost of the transport of goods, with the exception of the postal charges incurred in this connection, and the safekeeping of goods.

(3) The reimbursement of expenses may also be required if a fee is not provided for an official act, is free of charge or is waived. (4) Expenses are not levied as long as they are already in the Fees are included. Unofficial table of contents

Section 8 Costs of mutual assistance

(1) In the case of mutual assistance, the applicant authority shall not have to pay an administrative fee. It has to be reimbursed on request if, in individual cases, they exceed fifty German marks. If the assistance is provided for a federal authority, the expenses shall not be reimbursed. (2) If the authorities referred to in § 1 (1) and (2) take charge of a paid official act for the purpose of carrying out the mutual assistance, they shall stand by the authorities of the Third costs due for this purpose. Unofficial table of contents

§ 9 Personal fee waier

(1) The payment of the fees for official acts shall be exempt:

1.

the Federal Republic of Germany and the federal direct legal persons under public law whose expenditure is wholly or partly based on a statutory obligation arising from the budget of the Federal Republic of Germany,

2.

the countries and legal persons governed by public law which are administered in accordance with the budgets of a country for the account of a country,

3.

the municipalities and associations of municipalities, provided that the official acts do not affect their economic undertakings.

(2) The exemption shall not apply in so far as the persons referred to in paragraph 1 are entitled to impose the fees on third parties. (3) Freedom of charge referred to in paragraph 1 does not apply to special assets and to federal undertakings within the meaning of Article 110 (1) of the Basic law, for similar institutions of the Länder as well as for public-law companies in which the federal government or one country is involved. Unofficial table of contents

§ 10 Cost reduction and exemption

(1) If the debtor is in an economic emergency or if the costs of an official act which has become necessary due to an emergency situation are a particular hardship, the Federal Minister for Foreign Affairs, the Head of the Foreign representatives and the honorary consular officers on the basis of the situation of the individual case from the collection of the costs completely or partially. (2) Insofar as it is necessary for the protection of foreign policy or other significant concerns of the Federal Republic of Germany , the Federal Minister of Foreign Affairs may, in addition to the cases referred to in paragraph 1, be (3) Other statutory provisions, which provide for a reduction or exemption of costs, shall remain unaffected. Unofficial table of contents

Section 11 Creation of the cost debt

(1) The fee liability shall be incurred in so far as a request is necessary, with the receipt of the application to the competent authority, and in other respects with the termination of the fee-based official act. (2) The obligation to reimburse expenses shall be incurred by the Application of the amount to be refunded, in the cases of Section 7 (2) No. 5, second half-sentence and number 7, second half-sentence, with the cessation of the paid official act. Unofficial table of contents

§ 12 Cost creditor

Cost creditor is the Federal Republic of Germany. If the official act is carried out by an honorary consular officer, he or she shall be the cost-creditor. Unofficial table of contents

§ 13 Cost debtors

(1) In order to pay the costs, it is required to:

1.

the person who causes or is in the favor of the act of being in office,

2.

who has accepted the costs by a statement issued or notified to the competent authority,

3.

who is liable for the cost debt of another power of law.

(2) Several debtors shall be liable as total debtors. Unofficial table of contents

Section 14 Costing decision

(1) The costs shall be fixed by the Office. The decision on the costs shall, as far as possible, be taken together with the substantive decision. At least the cost decision must be based on:

1.

the cost-raising authority,

2.

the debtor,

3.

the cost-effective official act,

4.

amounts to be paid as fees and charges, and

5.

where, when and how the fees and the charges are to be paid.

The decision may be taken orally; it must be confirmed in writing upon request. Insofar as it is received in writing or confirmed in writing, the legal basis for the collection of costs and their calculation shall also be indicated. (2) Costs which would not have been incurred if the matter was properly dealt with by the Authority is not collected. The same shall apply in the case of deposits which have arisen as a result of a transfer of an appointment or a postponement of a trial initiated by the Office. Unofficial table of contents

§ 15 Fees in special cases

(1) Where an application is rejected solely on the grounds of lack of competence of the authority, no fee shall be charged. (2) A request for an act of an official act is withdrawn after the factual processing has begun, but the official act is still under way is not terminated, or if an application is rejected for reasons other than lack of competence, or if an official act is withdrawn or revoked, the proposed fee shall be reduced by one quarter; it may be up to a quarter of the is subject to a reduced fee or may be discounted from its collection if the Image quality. Unofficial table of contents

Section 16 advance payment and security

An official act to be carried out on request may be made subject to the payment of an appropriate advance or a reasonable amount of security, up to the level of the costs likely to be incurred. Unofficial table of contents

§ 17 Due date

Costs shall be charged with the announcement of the cost decision to the debtor, if the authority does not determine a later date. Unofficial table of contents

§ 18 Late surcharge

(1) If charges or levies are not paid until the end of a month after the due date, an amount of one hundred per cent of the backward amount may be levied for each month of the sabot which has been caught, if that 100% of the total amount of the sum of the total amount of the total amount of the total amount of the total amount of the total amount of the total amount (2) Paragraph 1 shall not apply if sowing surcharges are not paid in good time. (3) For the calculation of the sowing surcharge, the backward amount shall be rounded down to the full 100 German marks. (4) As a day on which an additional fee is paid. Payment has been paid, the following shall apply:

1.

in the event of the transfer or transfer of payment appropriations to the cash register of the day of receipt for the cost creditor;

2.

in the case of bank transfer or deposit, to an account of the cash register responsible for the cost creditor and, in the case of a deposit with a payment card or a postal order, the day on which the cash register is credited.

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Section 19 Stundung, embezzlement and remission

The rules of the Federal Budget Regulations shall apply to the payment of payment of fees, deposits and other anceshates for the payment of payment of charges, deposits and other ancilties. Unofficial table of contents

§ 20 statute of limitations

(1) The right to payment of costs shall be statute-barred after three years, at the latest with the end of the fourth year following the emergence. The limitation period shall begin with the end of the calendar year in which the claim has become due. (2) The limitation period shall be suspended for as long as the claim cannot be pursued within the last six months of the period due to force majeure. (3) The limitation period shall be interrupted by written notice of the following: Request for payment, by deferment of payment, by deferment, by the suspension of the enforcement, by security, by an enforcement measure, by the execution of enforcement, by notification in the insolvency proceedings and by investigations of the Dear creditor of the residence or residence of the Subject to payment. (4) With the end of the calendar year in which the interruption ends, a new limitation period begins. (5) The limitation period shall be interrupted only in the amount of the amount to which the interruption is related. (6) If a period of limitation is to be considered, the period of limitation shall be limited to the period of the interruption. If the cost decision has become indisputable or the proceedings have been carried out in another way, no claims shall be made before the expiry of six months after the decision has been taken. Unofficial table of contents

Section 21 Refunding

(1) Overpaid or unduly collected costs shall be reimbursed without delay, but only if a cost decision has not yet become indisputable to the extent that a cost decision has not yet been made; after that date, undue costs can only be incurred (2) The claim for reimbursement shall expire by means of a statute of limitations if it is not asserted until the end of the third calendar year following the creation of the claim; however, the statute of limitations does not begin before the unquestionability of the cost decision. Unofficial table of contents

Section 22 Legal remedies

(1) The decision on costs may be challenged together with the decision of the decision or independently; the appeal against a decision of the kind extends to the decision on costs. (2) If a cost decision is challenged on its own, the decision shall be taken as to whether the decision shall be taken as a matter of time. to treat the appeal procedure in a cost-effective way as an independent procedure. Unofficial table of contents

§ 23 Administrative provisions

The Federal Minister of Foreign Affairs is authorized to enact general administrative provisions for the implementation of this Act. Unofficial table of contents

§ 24 Berlin clause

This law shall also apply in the Land of Berlin in accordance with the provisions of Section 13 (1) of the Third Transfer Act. Legal orders issued pursuant to this Act shall apply in the Land of Berlin pursuant to Section 14 of the Third Transfer Act. Unofficial table of contents

Section 25

This Act shall enter into force on 1 January 1980.