Overseas Costs Law

Original Language Title: Auslandskostengesetz

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Read the untranslated law here: http://www.gesetze-im-internet.de/akostg/BJNR003010978.html

Foreign fees Act (AKostG) AKostG Ausfertigung date: 21.02.1978 full quotation: "foreign Act of 21 February 1978 (BGBl. I S. 301), most recently by article 12 of the law of 23 July 2013 (BGBl. I S. 2586) has been changed" G go on. by article 4 para 43 G v. 7.8.2013 I 3154 mWv 14.8.2018 stand: last amended by art. 12 G v. 23.7.2013 I 2586 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from: 1.1.1980 +++) § 1 scope of application (1) for official acts after the articles 1 to 17 of the Konsulargesetzes from September 11, 1974 (BGBl. I S. 2317) costs (fees and expenses) collected by the representatives of the Federal Government abroad (consular) and the honorary consular officers.
(2) for official acts of the Federal Foreign Office charges also.
(3) fees regulations for official acts, abroad in other legislation remain unaffected.

§ Is authorized 2 cost Regulation (1) the Federal Minister of for Foreign Affairs, in consultation with the Federal Minister of the Interior and the Federal Minister of finance by regulation of §§ 3 and 4 to determine the chargeable offences and the rates taking into account.
(2) under the Ordinance, the cases cannot be determined, where expenses are not applicable because the administrative burden associated with the survey out of proportion to the amount of the expenses.

§ 3 are factual free tuition fees not be provided for 1 oral and simple written information, 2. acts in terms of grace and thereby, 3 acts, which is from an existing or previous service or employment of staff in the public service or from an existing or previous public office ratio 4. acts revealed, which is from an existing or previous statutory duties or activities arising , which can be done in place of statutory service obligations.

§ 4 fees principles (1) the rates are to be such that the amount taken into account the administrative burden the fee on the one hand, and the importance of a balance between the economic value or the other benefits of the Act, on the other hand.
(2) that fees are fixed rates, frame rates, or according to the value of the item to determine.

§ Intended 5 tax (1) frame rates for fees, the importance, economic value or the other benefits of the order of business for the fees borrowers, as well as the economic conditions are in determining the fee in individual cases and 2 to consider 1 the with the official act related overhead, as far as expenses rather than expenses are invoiced separately.
(2) a fee is for the value of the item to calculate the value at the time of the termination of the Act for the calculation is decisive. The applicant is obliged to provide the requested information to its valuation.

§ 6 charges of the Federal Minister of for Foreign Affairs may by regulation on fees that are collected, assess a surcharge to compensate for differences in purchasing power or to adapt to higher fees for similar actions in the host country, of foreign representations and the honorary consular officers for official acts according to the fees regulation adopted on the basis of § 2 of up to 200 per cent of the fees can be.

§ To reimburse costs incurred by the diplomatic missions and the honorary consular officers who are in connection with § 1 mentioned acts emerge in 1 paragraph 7 expenses (1).
(2) for official acts of Foreign Affairs following charges levied: 1 distance in long-distance services, Telegraph and remote charges, 2 writing expenses for copies, copies and extracts issued on specific request; the amount of writing expenses is determined by number 31000 of cost directory to the Court and notary fees Act, 3. expenses for translations, which are produced on specific request, 4. costs incurred by public notice, except this resulting postage, 5. the amounts to be paid in compensation law and appropriate application of the Justizvergütungs-; an expert on the basis of § 1 para 2 sentence 2 of that law will receive no remuneration, the charge shall be to raise, which pay would be without this provision under the Act, 6 the transactions outside of the services the members of management on the basis of statutory or contractual provisions granted allowances (travel allowance, reimbursement) and the costs for the provision of rooms, 7 the amounts , the other domestic and foreign authorities, public institutions or officials are entitled to; and even then, if for reasons of reciprocity, the administrative simplification and the like to the authorities, institutions or officials to make no payments are, 8 the costs for the transportation of things, except this resulting postage, and storing things.
(3) the reimbursement of expenses may also be required if a fee is not provided for an official act, exemption is or is considered by the charging.
(4) expenses will not be charged unless they are already included in the fee.

Section 8 has cost assistance (1) In the case of mutual assistance no administration fee to be paid to the applicant authority. She has expenses on request to refund if they exceed fifty Deutsche mark in some cases. Provided assistance for a federal agency, so the expenses will not be reimbursed.
(2) the entities referred to in article 1, paragraph 1 and 2 for the implementation of the assistance make a chargeable Act, so are the costs owed by a third party for this purpose.

§ 9 personal exemption (1) by the payment of fees for official acts are free: 1. the Federal Republic of Germany and the federal public law legal persons, whose expenditure wholly or partly due to legal obligation from the budget of the Federal Government held, managed 2. countries and legal persons of governed by public law, according to the budget plans of a country for the account of a country , 3. the municipalities and municipal associations, provided that the acts involving not their economic undertakings.
(2) the exemption does not occur unless you qualify referred to in paragraph 1, to impose the fees to third parties.
(3) fee waivers not referred to in paragraph 1 is para 1 of the basic law, for similar institutions of countries as well as for public companies in which the federal or land is involved for funds and federal establishments within the meaning of article 110.

§ 10 discount and exemptions (1) is the cost borrowers in dire economic straits or the cost of one due to an emergency represent official act which required a special hardship, the Federal Minister of for Foreign Affairs and the heads of the diplomatic missions of the honorary consular officers according to the individual case of the calculation of the costs can see off wholly or in part.
(2) where it is necessary to safeguard foreign policy or other significant interests of the Federal Republic of Germany, the Federal Minister of for Foreign Affairs on the cases of paragraph 1 of the calculation of the costs of all or partial can be seen.
(3) other statutory regulations, which provide for a cost reduction or exemptions, remain unaffected.

§ 11 incurrence of costs debt (1) the fees debt is incurred, unless a request is necessary, with its receipt by the competent authority, in addition with the termination of the paid official act.
(2) the obligation to reimburse costs incurred by second half of sentence and paragraph 7 is created with the reimbursement of the amount to be refunded in the cases of § 7 paragraph 2 No. 5 second half-sentence, with the termination of the paid official act.

§ 12 of cost creditors of cost creditor is the Federal Republic of Germany. Is the official act performed by an honorary consular officer, this is the cost creditors.

Article 13 obligation costs debtors (1) payment which is cost, 1 who led the official act or in whose favor it is made, who the cost through a given from the competent authority or shared with her explanation has taken over 2., 3. who is liable for the costs debt of another law.
(2) multiple cost debtor liable severally.

§ 14 decision on costs (1) the costs are set by virtue. The decision on the costs, as far as possible, taken together with the decision. Need 1 emerge from the decision as to costs at least the costs soaring authority, 2 of the fee-based Act, 4. as amounts to be paid fees and expenses, as well as 5 where, when and how the fees and expenses to pay costs borrowers, 3. are.
The decision as to costs may be issued orally; It is to be confirmed in writing on request. As far as it is made in writing or confirmed in writing, to specify the legal basis for the calculation of the costs, as well as the calculation.
(2) costs that were not caused by the authority for proper treatment of the matter, will not be charged. The same applies to expenses arising from an officio caused laying an appointment or postpone a hearing.

§ 15 a motion solely because of lack of competence of the authority is rejected charges in special cases (1), so no fee will be charged.
(2) If an application to perform of an official act is withdrawn after the official act is started, but has not been completed with substantive editing, or is rejected a request for reasons other than lack of jurisdiction because of, or an official act is withdrawn or revoked, so the proposed fee to one-quarter is reduced; She can be seen from up to one-quarter of which provided fee is reduced or there may by their survey, if this is equitable.

§ 16 advance payment and security deposit a deed to make is on request, may be subject by an appropriate advance payment or of a reasonable security deposit up to the amount of costs expected to be incurred.

§ 17 due date costs are due with the announcement of the decision as to costs the costs of debt relief, if not the authority to determine a later date.

§ 18 late payment surcharge (1) the due date for fees or expenses are not paid up to the end of one month after, so a default can be supplement for each month of delay of one per cent of the arrears amount, if this exceeds 100 Deutsche mark.
(2) paragraph 1 shall not apply if late payment charges are paid in a timely manner.
(3) for the calculation of the late payment surcharge, the arrears amount to full 100 Deutsche mark is rounded down.
(4) as the day on which a payment has been paid, the date of receipt; applies 1. when delivery or remittance of a payment to this Office for the cost creditors
2. by bank transfer or deposit to an account of the cash responsible for the cost creditors and deposit by credit card or postal order the day on which the amount of cash will be credited.

Article 19 the provisions of the federal financial regulation apply deferral, suppression, and Decree for the deferral, the Suppression and the adoption of claims to payment of fees, costs and other fringe benefits.

Article 20 limitation (1) entitlement to payment of costs barred after three years, no later than the end of the fourth year after the emergence of. The limitation period begins at the end of the calendar year in which the claim has become due. The claim expires with the expiry of this period.
(2) the limitation period is suspended as long as the claim can not be traced within the last six months of the deadline due to force majeure.
(3) the limitation period stops by written request for payment, by deferred payment, deferral, by putting the enforcement, safety performance, through an enforcement measure, by reprieve, by registration in the insolvency proceedings and investigations cost creditor of domicile or residence of the debtor.
(4) a new limitation period begins at the end of the calendar year in which the interruption ends.
(5) the limitation period is interrupted only in the amount the suspension action refers.
(6) If a cost decision is appealed, so out of her before the expiration of six months after the cost decision has become final or the proceedings has done in some other way expire.

Article 21 reporting are (1) overpaid or wrongly raised costs immediately to reimburse, wrongly raised costs but only as far as a decision as to costs, becoming still not final Wrongly raised costs only for reasons of equity can be refunded after that date.
(2) the refund claim expires by limitation if he does not will be claimed until the end of the third calendar year following the emergence of the claim; However, the limitation period does not begin before the nonrepudiation of the decision as to costs.

Section 22 the cost decision can appeal (1) together with the decision or independently contested; Appeal against a decision extends to the decision as to costs.
(2) If a decision as to costs is independently appealed, the appeal is cost legally than to treat independent procedure.

§ Authorises 23 regulations of the Minister of Foreign Affairs to adopt general administrative provisions for the implementation of this Act.

§ 24 Berlin clause this law applies in accordance with § 13 para 1 of the third of Reconciliation Act also in the Federal State of Berlin. Regulations, which are adopted on the basis of this Act, apply in the Federal State of Berlin according to § 14 of the third of transfer Act.

§ 25 this law enters into force on January 1, 1980.