Overseas Costs Law

Original Language Title: Auslandskostengesetz

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Foreign Cost Law (AKostG)

Non-official table of contents

AKostG

Date of departure: 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. I p. 2586), "

G deg. by Article 4 (43) G v. 7.8.2013 I 3154 mWv 14.8.2018
Stand:Last modified by Art. 12 G v. 23.7.2013 I 2586

For details, see the Notes

Footnote

(+ + + text evidence from: 1.1.1980 + + +) Non-official Table of Contents

§ 1 Scope

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

§ 2 Costing of costs

(1) The Federal Minister of Foreign Affairs is authorized, in agreement with the Federal Minister of the Federal Republic of Germany, to The Federal Ministry of the Interior and the Federal Minister of Finance to determine the chargeable facts and the fee rates in the light of § § 3 and 4 by means of a legal regulation.(2) Cases in which expenses are not levied may also be determined in the Regulation on the grounds that the administrative burden associated with the survey is disproportionate to the level of the expenses. Non-official table of contents

§ 3 Sachliche Fee Freedom

Fees are not to be provided for
1.
oral and simple written information,
2.
Offices in Mercy Matters and Service Supervisors,
3.
Official acts, which are made of existing or former service or employment relationship of civil servants or from an existing or previous public service relationship,
4.
official acts resulting from an existing or prior legal service or an activity that takes place in place of the legal service obligation
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§ 4 Fees for Fees

(1) The rates are to be calculated in such a way as to ensure that the administrative burden is between the amount of the fee taken into account, on the one hand, and the importance, economic value or other benefits of the official act, on the other hand, shall be proportionate.(2) The fees shall be determined by fixed rates, framework rates, or by the value of the item. Non-official table of contents

§ 5 Fees of Fees

(1) If there are framework rates for fees, the fee will be fixed on a case-by-case basis. take into account
1.
the administrative burden associated with the official act, insofar as expenses are not , and
2.
the meaning, economic value or other benefits of the official act for the debtor and his/her account of the fee (
)
a fee is to be calculated according to 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. Non-official table of contents

§ 6 Allowances

The Federal Minister of Foreign Affairs may, by means of a legal regulation, apply to fees charged by the Federal Foreign Office. Missions abroad and the honorary consular officers for official acts are levied in accordance with the Fees Ordinance issued pursuant to § 2, to compensate for purchasing power differences or to adjust to higher fee rates for comparable In the case of an official act in the host country, a surcharge may be made which may amount to up to 200% of the fees. Non-official table of contents

§ 7 Deposits

(1) Deposits of the missions abroad and of the honorary consular officers, which are related to the provisions of § 1 Abs. 1 are to be reimbursed.(2) The following expenses shall be levied for official acts of the Federal Foreign Office:
1.
Fernspeakercharges im Long-distance transport, telegraph and telex charges,
2.
Copies of copies, copies and extracts, issued on a special request; the amount of the Writing expenses are determined according to the number 31000 of the cost register for the court and notary fees law,
3.
expenses for translations, which are subject to special application
4.
Cost generated by public notice, except for the postal charges incurred in this case,
5.
the amounts to be paid in appropriate application of the Justice Enforcement and Compensation Act; will receive an expert on the basis of § 1 para. 2 sentence 2 of that law no Remuneration shall be the amount to be paid without this provision under the law,
6.
which, in the case of transactions outside the office, shall be paid to the Members of the administrative staff on the basis of statutory or contractual remuneration (travel allowance, delivery rate) and the cost of providing rooms,
7.
the amounts that are available to other domestic and foreign authorities, public institutions or officials, even if for reasons of reciprocity, the Administrative simplification and the like to the authorities, institutions or officials are not required to make payments,
8.
the cost of the transport of goods, with (
)
reimbursement of expenses may also be required if an official act does not provide for a fee, is free of charge, or if the fee is not charged for the purpose of the payment of the fee. Due attention shall be paid to.(4) Deposits shall not be levied to the extent that they are already included in the fee. Non-official table of contents

§ 8 Mutual costs of mutual assistance

(1) In the case of mutual assistance, the applicant authority has no administrative fee. It has to be reimbursed on request if it exceeds fifty German marks in individual cases. If the administrative assistance is provided for a federal authority, the costs shall not be reimbursed.(2) If the authorities referred to in § 1 (1) and (2) take charge of a paid official act in order to carry out the mutual assistance, they shall be liable for the costs incurred by a third party for this purpose. Unofficial Table Of Contents

§ 9 Personal Fee Freedom

(1) Exempt from payment of charges for official acts:
1.
the Federal Republic of Germany and the federal direct legal persons under public law, whose expenditure is borne wholly or in part on the basis of legal obligation from the budget of the Federation,
2.
the countries and legal persons of the public law, which are managed according to a country's budget for the account of a country,
3.
the municipalities and associations of municipalities, if the acts of the official act do not concern their economic enterprises.
(2) The exemption does not apply to the extent that the persons referred to in paragraph 1 have the right to impose the fees on third parties.(3) Freedom of charge in accordance with paragraph 1 shall not apply to special assets and federal undertakings within the meaning of Article 110 (1) of the Basic Law, to similar bodies of the Länder and to public-law undertakings in which the Federal Government or a Country is involved. Non-official table of contents

§ 10 Discount and exemption of costs

(1) If the debtor is in a state of economic distress, or if the debtor is in a state of economic distress, the costs of an official act, which has become necessary due to an emergency situation, are a particular hardship, the Federal Minister of Foreign Affairs, the heads of the diplomatic missions and the honorary consular officers may be entitled to the situation of the individual case from the Collection of costs completely or partially.(2) In so far 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 subject to the collection of costs in whole or in part. See.(3) Other statutory provisions which provide for a cost reduction or exemption shall remain unaffected. Non-official table of contents

§ 11 Creation of the cost liability

(1) The fee debt shall be incurred as far as a request is necessary, with the receipt of the fee. the competent authority and, moreover, the termination of the charge-based official act.(2) The obligation to reimburse expenses arises with the application of the amount to be reimbursed, in the cases of § 7 para. 2 No. 5, second half sentence and number 7 second half-sentence with the termination of the paid official act. Non-official 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. Non-official table of contents

§ 13 Cost debtors

(1) The payment of the costs is required,
1.
who causes or is in the favor of the official act,
2.
who has assumed the cost of a statement issued before the competent authority or communicated to it,
3.
who is liable for the cost liability of another power law.
(2) Several cost debtors are liable to be the total debtor. Non-official table of contents

§ 14 Costing of costs

(1) The costs are fixed by officals. The decision on the costs shall, as far as possible, be taken together with the substantive decision. The cost decision must be at least
1.
the cost-raising Authority,
2.
the debtor,
3.
the paid Office handling,
4.
amounts to be paid as fees and charges as well as
5.
where, when and how the fees and expenses are to be paid.
The cost decision can be made verbally; it must be confirmed in writing upon request. To the extent that it is received in writing or confirmed in writing, the legal basis for the collection of costs and their calculation shall also be disclosed.(2) Costs which would not have been incurred in the case of proper treatment by the Authority shall not be charged. 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) If an application is rejected solely on the grounds of the authority's lack of competence, then the application will be rejected. no fee is charged.(2) Where an application for an act is withdrawn after the factual processing has begun, but the official act has not yet been completed, or if an application is rejected for reasons other than lack of competence, or if a request is made for reasons other than that which has not been completed. In the case of an official act withdrawn or revoked, the fee may be reduced by one quarter; it may be reduced by up to a quarter of the intended fee or it may be waived from its collection if it is equal to the fairness of the act. Unofficial table of contents

§ 16 Advance payment and security performance

An official act that is to be made on request may be subject to the payment of a the appropriate advance, or of a reasonable amount of security, up to the level of the expected costs. Non-official table of contents

§ 17 Due date

Costs are due on the announcement of the cost decision to the debtor, if not the Authority to determine a later date. Non-official table of contents

§ 18 Away surcharge

(1) Charges or outlays are not payable until the end of a month after the due date. , for each month of the sabot, an allowance of one hundred per cent of the backward amount may be levied if this 100 German mark exceeds the sum of the sum of the total amount.(2) Paragraph 1 shall not apply if sowing surcharges are not paid in due 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 a payment has been paid,
1.
shall be deemed to have been paid upon delivery or transmission of Payment appropriations to the cash register of the date of receipt for the cost creditor;
2.
upon transfer or deposit to an account of the person responsible for the cost creditor In the case of deposit with a payment card or a postal order, the day at which the cash register is credited.
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§ 19 Stundung, embezzlement and remission

The provisions of the following rules shall apply to the payment of payment of fees, costs and other anceshates for the payment of payment of fees, charges and other ancilties. Federal budget order. Non-official table of contents

§ 20 Statute of limitations

(1) The entitlement to payment of costs shall be barred after three years, at the latest by the end of the fourth Year after birth. The limitation period shall begin with the end of the calendar year in which the claim has become due. The expiry of this period shall be taken to the effect that the claim shall lapse.(2) The limitation period shall be inhibited as long as the claim within the last six months of the period of force majeure cannot be pursued.(3) The limitation period shall be interrupted by a written request for payment, by delay in payment, by payment, by the suspension of the enforcement, by security, by an enforcement measure, by the deferment of enforcement, by the execution of a payment order, by the execution of a payment order, by the execution of the payment order, by the execution of the payment. Registration in the insolvency proceedings and through investigations of the creditor's residence or residence of the payer.(4) With the end of the calendar year in which the interruption ends, a new statute of limitations shall begin.(5) The limitation period shall be interrupted only at the level of the amount to which the interruption of the period of interruption relates.(6) Where a cost decision is contested, claims from it do not expire before the expiry of six months after the decision on the costs has become indisputable or the proceedings have been carried out in another way. Non-official table of contents

§ 21 Repayment

(1) Repaid or unduly collected costs shall be reimbursed immediately, undue costs However, only if a cost decision has not yet become indisputable; after that date, costs which have been unjustly raised can be reimbursed only for reasons of equity.(2) The claim for reimbursement shall expire by statute of limitations if it is not asserted until the end of the third calendar year following the emergence of the claim; however, the statute of limitations does not commence prior to the indispentability of the Cost decision. unofficial table of contents

§ 22 remedy

(1) The cost decision can be appealed together with the decision on the matter or independently; the appeal against a substantive decision shall be based on the decision on costs.(2) Where a cost decision is challenged independently, the appeal procedure shall be treated as an independent procedure in a cost-effective manner. Non-official table of contents

§ 23 Administrative regulations

The Federal Minister of Foreign Affairs is authorized to implement this law the general administrative provisions. Non-official table of contents

§ 24 Berlin clause

This law shall also apply in the Land of Berlin in accordance with 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. Non-official table of contents

§ 25

This law occurs on the 1. January 1980 in force.