Law on the affairs of displaced persons and refugees (Bundesvertriebenengesetz-BVFG)

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BVFG

Date of completion: 19.05.1953

Full quote:

" Bundesvertriebenengesetz (Federal vertriebenengesetz) in the version of the announcement dated 10 August 2007 (BGBl. I p. 1902), most recently by Article 1 of the Law of 6 September 2013 (BGBl. 3554).

Status:	New by Bek. v. 10.8.2007 I 1902;
	Last amended by Art. 1 G v. 6.9.2013 I 3554

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 28.6.1985 + + +) 
(+ + + measures on the basis of the EinigVtr cf.  BVFG Annex EV + + +) 

  

First section
General provisions

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§ 1 Sales

(1) The distributor is who, as a German national or a German national, is domicated in the former German eastern territories formerly under foreign administration or in the territories outside the borders of the German Reich, according to the As a consequence of the events of the Second World War, the territory of December 31, 1937 was lost as a result of expulsion, in particular by expulsion or flight. In the case of multiple domials, the place of residence must have been lost, which was the determining factor for the personal living conditions of the person concerned. In particular, the place of residence in which the family members have resided is to be regarded as the determining place of residence within the meaning of the second sentence. (2) The person who is a German national or a German national is also a person who is a German national.

1.

after 30 January 1933, left the territories referred to in paragraph 1 and took its place of residence outside the German Reich, because for reasons of political opposition to National Socialism or for reasons of race, religion or belief, the worldview of National Socialist acts of violence against him have been perpetrated or threatened,

2.

on the basis of the intergovernmental contracts concluded during the Second World War from outside Germany or during the same period as a result of measures taken by German services from the German Wehrmacht Areas have been resettled (resettlers),

3.

After completion of the general government measures before 1 July 1990 or thereafter by way of the admission procedure before 1 January 1993, the former German eastern territories formerly under foreign administration, Gdansk, Estonia, Latvia, Lithuania, the The former Soviet Union, Poland, Czechoslovakia, Hungary, Romania, Bulgaria, Yugoslavia, Albania or China left or left, unless it was expelled from these territories and returned there until 31 March 1952. after 8 May 1945, has established a residence in these territories (Aussiedler),

4.

without having been domicated, having exercised his or her trade or profession permanently in the territories referred to in paragraph 1 and having had to give up such activity as a result of expulsion,

5.

had lost his residence in the territories referred to in paragraph 1 in accordance with Section 10 of the Civil Code by marriage, but had retained his permanent residence there and had to give up the same as a result of expulsion,

6.

in the territories referred to in paragraph 1, as a child of a wife falling under the age of 5 in accordance with Article 11 of the Civil Code, he or she had no residence but had a permanent residence and had to surrender him as a result of an expulsion.

(3) Persons who, without being a German national or a German national, are the spouse of a displaced person or in the cases referred to in paragraph 2 (5) as the spouse of a German national, shall also be considered as displaced persons. (4) Those who have taken a stay in the territories referred to in paragraph 1 as a result of the effects of the war shall, however, be displaced only if it is not the circumstances of the war in these areas, even after the war, , or if it left those territories after 31 December 1989. Unofficial table of contents

§ 2 Home sales

(1) Home displaced persons shall be a displaced person who, on 31 December 1937 or even before, had his residence in the territory of the State from which he was expelled (the territory of the Vertfriction area), and this territory before 1 January 1993 ; all of the territories referred to in Article 1 (1), which have belonted to the German Reich or to the Austro-Hungarian Monarchy on 1 January 1914, or to Poland, Estonia, Latvia or Lithuania at a later date, (2) As a home-displaced person, a displaced person shall also be considered to be a displaced person. Spouse or descendant who left the area of the abortion before 1 January 1993, if the other spouse or the offspring is a parent on 31 December 1937 or even before his residence in the territory of the abortion (paragraph 1) has had. Unofficial table of contents

§ 3 Soviet Union Refugee

(1) Soviet Union refugee is a German national or a German national who has or had his residence in the Soviet occupation zone or in the Soviet-occupied sector of Berlin and from there before 1 July 1990 , in order to avoid a special compulsive situation which it is not responsible for and which is due to the political conditions. A special compulsive situation is given above all if there is an imminent danger to life or to the personal freedom. There is also a special compulsive situation in the event of a serious conflict of conscience. Economic reasons are to be recognised as a special constraint if the livelihood has been destroyed or decisively affected or if the destruction or decisive impairment is close. (2) From the recognition as Soviet refugees are excluded,

1.

Who has significantly encouraged the system in the Soviet occupation zone and in the Soviet-occupied sector of Berlin,

2.

who, during the reign of National Socialism, or in the Soviet occupation zone, or in the Soviet-occupied sector of Berlin, violated the principles of humanity or the rule of law,

3.

who has fought the free democratic basic order of the Federal Republic of Germany, including the Land of Berlin.

(3) § 1 (1) sentences 2 and 3, para. 2 nos. 4 to 6, para. 3 and 4 shall apply mutasensitily. Unofficial table of contents

§ 4 Late of ethnic German resettlers

(1) Late settlers are usually a German national who, after 31 December 1992, leave the republics of the former Soviet Union by way of the admission procedure and within six months within the scope of the law, his or her permanent residence, if he has previously been

1.

since 8 May 1945, or

2.

after his expulsion or the expulsion of a parent since 31 March 1952, or

3.

since his birth, if he was born before 1 January 1993 and is descendants of a person who fulfils the key requirement of 8 May 1945 in accordance with point 1 or 31 March 1952, in accordance with point 2, unless parents or fathers are domicated only after 31 March 1952 have moved to the settlement areas,

(2) Late Taiussiedler is also a German national from the resettlement areas of § 1 (2) (3) other than the States referred to in paragraph 1, which fulfils the other requirements of paragraph 1 and beliefs that he was subject to disadvantages or after-effects of previous disadvantages on the basis of German ethnicity on 31 December 1992 or thereafter. (3) The ethnic German resettler is a German within the meaning of Article 116 (1) of the Basic law. Spouses or descendants of ethnic German resettlers who have been included in the notice of admission in accordance with Article 27 (1) sentence 2, if the inclusion has not become ineffective, acquire this legal status with their inclusion within the scope of the Law. Unofficial table of contents

§ 5 Exclusion

The legal status pursuant to section 4 (1), (2) or (3) sentence 2 does not apply, who

1.

a)

in the areas of settlement of the Nazi or other tyrants of violence, has made a significant contribution to

b)

have failed to comply with the principles of humanity or the rule of law in the areas of the settlement,

c)

has seriously abused its position in the resettlement areas to its own advantage or to the detriment of others,

d)

has committed an illegal act which would be regarded as a crime within the meaning of Section 12 (1) of the Criminal Code, unless the deed would be statute-barred under German law or a conviction under the German Federal Central Register Act tilgen, or

e)

according to a conclusion justified by actual evidence

aa)

has been or has been a member of an association that supports terrorism or has supported or supported such an association,

bb)

in pursuit of political objectives, has participated in violence or has publicly called for the use of force or threatened with violence, or

cc)

Pursuing or supporting or supporting aspirations against the liberal democratic order, the stock or the security of the covenant or of a country, or the idea of international understanding,

unless he makes a believable that he has turned away from the previous actions, or

2.

a)

left the resettlement areas because of an imminent criminal prosecution due to a criminal offence, or

b)

has exercised a function in the resettlement areas, which was usually considered to be significant for the maintenance of the communist system of domination, or was due to the circumstances of the individual case, or

c)

who has lived for at least three years with the holder of a function within the meaning of point (b) in the home community.

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§ 6 ethnicity

(1) A German national in the sense of this law is who has become known in his homeland to the German folly, provided that this commitment is confirmed by certain characteristics such as descent, language, education, culture. (2) Those who after 31. He was born in December 1923, is a German national, if he comes from a German national or a German national, and if he or she leaves the settlement areas by means of an appropriate declaration of nationality or in any other way known to the German folly, or in accordance with the law of The country of origin has been part of the German nationality. The commitment to other forms of knowledge may, in particular, be provided by the proof of sufficient German language skills according to level B 1 of the Common European Framework of Reference for Languages or by means of proof of familial mediators. German language skills are provided. The commitment to the German populist must be confirmed by proof of the ability to apply at the time of the administrative decision on the application for admission, in the cases of § 27 (2) at the time of the establishment of the permanent Stay within the scope of this Act, at least to be able to have a simple conversation in German, unless the host applicant can have this ability due to a physical, mental or mental illness or because of a Disability within the meaning of § 2 (1) sentence 1 of the Ninth Book of the Social Code do not possess. A commitment to the German populist shall be subject to the condition that it is not, because it was accompanied by danger to limb and life or serious occupational or economic disadvantages, but because of the total circumstances of the will It is unquestionable to belong to the German ethnic group and to no other.

Second section
Distribution, rights and benefits

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§ 7 Principle

(1) The integration into professional, cultural and social life in the Federal Republic of Germany is to be facilitated by ethnic German immigrants. (2) § § 8, 10 and 11 are to the spouse and the descendants of the late settler who do not fulfil the requirements of § 4 (1) or (2), but the areas of resettlement by means of the Have left receiving proceedings, apply accordingly. § 5 shall apply mutatily. Unofficial table of contents

§ 8 Distribution

(1) The Länder shall accept the ethnic German resettlers and their spouses and descendants, insofar as they fulfil the conditions laid down in Article 7 (2). The Federal Administrative Office (Bundesverwaltungsamt) determines the receiving country (distribution procedure). Up to this definition, the persons shall be accommodated by the Federal Government. Spouses or descendents included in the admission notice are obliged to register after entering the scope of the law in a first-time institution of the federal government. (2) Family members of the Federal Republic of Germany Late settlers, who, without fulfilling the requirements of § 7 para. 2, arrive together with the ethnic German resettler, can be included in the distribution process. (3) The countries can set a key to the distribution by agreement. The distribution quotas for the respective calendar year shall be determined by the office of the Federal Government of the Federal States for educational planning and research funding in the Federal Gazette until this agreement is reached or if the agreement is not reached. (4) The Federal Office of Administration has the key to abide by the key. (4) The Federal Office of Administration has the key to comply with the key. To this end, a country that deviates from the wishes of the Late ussian eagle can be obliged to take up residence. (5) Who, by way of derogation from the definition or without the establishment of the Federal Administrative Office, takes permanent residence in a country, must be there (6) (omitted) (7) § 45 of the Eighth Book Social Code (Article 1 of the Law of 26 June 1990, BGBl.) 1163) does not apply to institutions for the reception of ethnic German immigrants. Unofficial table of contents

§ 9 Aid

(1) Late settlers pursuant to § 4 (1) or (2) and their spouses or descendants who fulfil the requirements of § 7 (2) sentence 1 shall be entitled to free participation in an integration course, which is a basic and a postgraduate course of the same duration to obtain sufficient language skills, as well as an orientation course for the teaching of knowledge of the legal system, culture and history in Germany. Excluded are children, young people and young adults who take up a school education or continue their previous school career in the Federal Republic of Germany. The language course lasts for a maximum of six months with full-day instruction (rule case). To the extent necessary, the integration course is to be supplemented by a social pedagogical support as well as by means of childcare services. Late settlers and their spouses or descendants within the meaning of § 7 (2) sentence 1, to which a place of residence has been assigned in accordance with Article 2 (1) of the Law on the establishment of a provisional residence for ethnic German resettlers, shall, as long as the decision on the assignment of a provisional residence shall not be subject to any undue consideration in accordance with Article 2 (4) of the Law on the establishment of a provisional residence for ethnic German resettlers, a travel allowance shall be granted for participation in an integration course, if: A course offer is not reasonably achievable. The Federal Ministry of the Interior is authorized to provide further details of the integration course, in particular the basic structure, the duration, the learning contents and the implementation of the courses, the requirements regarding the selection and admission of the course carriers, as well as to regulate the conditions for participation by means of a regulation which does not require the consent of the Federal Council. (2) Late-taussiedler can be granted

1.

a one-time bridging aid from the federal government and

2.

a compensation for the costs of the settlement.

The Federal Minister of the Interior is determined by guidelines. (3) Late settlers from the former USSR, Estonia, Latvia or Lithuania, who were born before 1 April 1956, are granted the Federal Administrative Office to compensate for the On request, a flat-rate integration aid of EUR 2 046. It shall be EUR 3 068 for persons within the meaning of the first sentence, born before 1 January 1946. The application for a flat-rate integration aid can only be made up to the end of three years after the end of the month in which the certificate was issued in accordance with § 15 (1). The deadline will end at the earliest on 31 December 2009. (4) Further aid for integration such as supplementary funding for young people and supplementary language and social pedagogical support can be granted. Further integration aids within the meaning of the first sentence may be granted to persons referred to in paragraph 1 and to other members of the family of the ethnic German resettler who shall meet with the latter in accordance with Section 8 (2). (5) The Federal Office for Migration and Refugees is responsible for

a)

the development of the basic structure and learning contents of the basic language course, the advanced course and the orientation course referred to in paragraph 1; and

b)

the implementation of the measures referred to in paragraphs 1 and 4.

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§ 10 Tests and Qualifications

(1) Examinations or certificates of formal qualifications which have been filed or acquired in the territory of the German Reich by the German Reich by 8 May 1945 in the territory of the German Reich by the territory of 31 December 1937 are to be recognised within the scope of the law. (2) Examinations or certificates of formal qualifications which have been deposited or acquired by ethnic German resettlers in the areas of resettlement, if they are equivalent to the appropriate examinations or certificates of competency in the scope of the law. (3) Late-settlers who are required to perform their profession or who are required to prove their Empowerment of appropriate documents (test or proof of formal qualifications) and the documents required for the issuance of replacement documents shall be made available to them on request by the competent authorities responsible for issuing appropriate documents and to issue a certificate stating that the applicant has demonstrated that the examination or the acquisition of the certificate of formal qualifications has been completed. (4) The certificate referred to in paragraph 3 is a precondition for the issuing of the certificate. Confirmation

1.

a written declaration of a person who, on the basis of his/her previous official position in the district of the applicant, is aware of the filing of the examination or the acquisition of the evidence of formal qualifications, or

2.

by written declarations of two persons who have their own knowledge of the examination or the acquisition of the proof of competence, rather than the declarations to be made.

(5) The certificate referred to in paragraph 3 shall have the same effect in legal transactions as the certificate of the examination completed or the certificate of formal qualifications obtained. Unofficial table of contents

§ 11 sickness benefits

(1) Those who, as ethnic German resettlers from the areas of settlement, have taken their permanent residence within the scope of this Act within two months of leaving those territories shall receive benefits such as an insured person of the Statutory health insurance if the reason for the performance is given on the day of the residence or within three months thereafter. (2) The benefits in the case of illness according to § § 27 to 43a of the Fifth Book of Social Code and Grants for the supply of dentures in accordance with § 55 of the Fifth Book of the Social Code and the The necessary driving costs (§ 60 of the Fifth Book of Social Code) are granted for the first 78 weeks of the day of residence within the scope of this Act, sickness benefit, and Maternity allowance according to § 24i of the Fifth Book of the Social Code for a maximum period of 182 days, the other services up to the end of the three-month period referred to in the first sentence of paragraph 1. Remuneration, including maternity benefit, shall be granted if the period of release is within three months of the first sentence of paragraph 1. (3) sickness benefit (§ § 44 to 51 of the Fifth Book of the Social Code) and maternity benefit (Section 24i of the Social Code). Fifth Book of the Social Code) shall be granted only if, until leaving the territories referred to in paragraph 1, they shall be entitled to:

1.

have been in an employment relationship,

2.

have been held in custody and are beneficiaries within the meaning of Section 1 (1) (1) of the Prisoner Aid Act,

3.

have worked as a self-employed or assisting family member of the main occupation,

4.

have complied with compulsory military service; or

5.

because of their ethnicity, their intention to settle or resettlement, or because of a similar reason for which they had not been democratically considered to be unable to represent them, employment as specified in paragraph 1 or one The activity referred to in point 3.

There is no claim for a benefit in accordance with paragraph 1 if the beneficiaries are entitled to such benefit in accordance with other statutory provisions, with the exception of entitlement to sickness insurance pursuant to section 5 (1) (2) of the Fifth Book Social Code, if it was found that a beneficiary of integration assistance was already incapaciated at the beginning of the performance reference. (4) Sickness benefit or maternity benefit is given to the beneficiary in the amount of the benefits in order to secure the Subsists according to the Second Book of Social Code. The provisions of the Second Book of the Social Code concerning the neediness and the income to be taken into account in the case of benefits for the protection of the subsistence are not to be applied. (5) The benefits shall be granted for the place of residence of the beneficiaries. General local health insurance. If the beneficiaries have previously been a member of a different sickness insurance fund, they shall have the right to apply for the benefits in respect of that sickness fund. (5a) The person entitled to benefit under paragraphs 1 to 4 shall be entitled to the benefit of the service provider. To make use of the service to hand out an authorisation certificate to the sickness insurance fund responsible under paragraph 5. In urgent cases, the authorisation certificate may be submitted. Doctors, dentists, hospitals, pharmacies and other service providers shall be entitled to pay for benefits under paragraph 1 only if the late ussian insurer is the insured person of the statutory health insurance. (6) The Expenses incurred by the health insurance companies will be reimbursed from federal funds. As a substitute for administrative costs, the sickness funds receive 8 from the hundred of their expenses for the benefits granted under paragraphs 1 to 5. (7) In the case of the provision of benefits, § § 61 and 62 of the Fifth Book of the Social Code on Zupayments and load limit accordingly. In addition, in the case of reimbursement of expenses and administrative costs, the First and Tenth Book of the Social Code shall apply mutagenic to the sickness funds, however, § 110 of the Tenth Book of Social Code shall be applied mutagenic to the provision that the Sickness fund refunds pursuant to paragraph 6 may also be made under the amount referred to in § 110, second sentence, of the Tenth Book of the Social Code, if this amount is achieved by aggregation of the claims for reimbursement in several individual cases (7a) In the granting of benefits, the rules applicable in the country shall apply: (8) For litigation on the basis of the provisions of paragraphs 1 to 7a, the legal path to the courts of social justice shall be given. Unofficial table of contents

§ 12 (omitted)

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§ 13 Legal pension insurance, statutory accident insurance

The legal status of ethnic German resettlers in statutory pension insurance and statutory accident insurance is governed by the law on foreign law. Unofficial table of contents

Section 14 Promotion of self-employment

(1) Late settlers shall facilitate the creation and consolidation of self-employment in agriculture, industry and the liberal professions. To this end, the granting of credit may be provided at favourable rates of interest, repayment and security, as well as interest-rate reductions and guarantees. (2) The award of contracts by the public authorities shall be subject to the following: In the first ten years after leaving the areas of resettlement, it is preferable to take account of late-ethnic Germans. The same applies to companies in which ethnic German resettlers are involved with at least half of the capital, provided that such participation and participation in the management is ensured for at least six years. (3) Public funding is to be provided under the condition that the recipients of this aid commit themselves to process the award of contracts in accordance with paragraph 2. (4) Rights and advantages as ethnic German resettlers paragraphs 1 and 2 may no longer take into account who is in economic and social life it is incorporated in the scope of the law in a measure which is reasonable according to its previous economic and social conditions. (5) Late settlers who make it credible that they are skilled in the trade as a standing trade before they are settled operate independently or have the power to provide guidance for apprentices, they must be entered in the craft of craft trades at the request of the Chamber of Crafts responsible for the place of their permanent residence. § 10 (3) and (4) shall apply mutas to the credibility of the credibility. Unofficial table of contents

Section 15 Certificates

(1) The Federal Administrative Office shall issue an attestation for the purpose of proof of its late ussian property status by the Federal Office of the Administrative Office of the Federal Republic of Germany A repetition of the conversation within the meaning of § 6 para. 2 sentence 3 does not take place in this case. For people who are the 16. The Federal Office for the Protection of the Constitution, the Federal Office for the Protection of the Constitution, the Federal Police Office, the Federal Criminal Police Office and the Federal Office for the Protection of the Constitution, the Federal Police Office, the Federal Police Office and the Federal Office for the Protection of the Federal Republic of Germany, have completed their life year Customs-related criminal office, if this is required for the purpose of determining the grounds for exclusion in accordance with § 5 (1) (d) and (e). The decision to issue the certificate shall be binding on the nationality authorities and all authorities and bodies responsible for the granting of rights or benefits as ethnic German resettlers under this or any other law are responsible. If an authority or body does not consider the decision of the Federal Administrative Office to be justified on the issue of the certificate, it can only apply for its amendment or repeal by the Federal Administrative Office. (2) The Federal Administrative Office shall issue a certificate of proof of the status referred to in Article 116 (1) of the Basic Law as well as of his entitlement to benefit in accordance with § 7 (2) sentence 1 of the spouse or descendant included in the admission notice of the late-settler. A certificate referred to in paragraph 1 may only be issued if the grant of a receiving certificate has been applied for and has not been refused-or has been legally rejected by a final decision. In addition, paragraph 1 shall apply. (3) The issuing authority shall decide on the withdrawal and the issue of a second copy of a certificate. (4) A certificate can only be withdrawn with effect for the past if it has has been obtained by fraudully deception, threat or bribery, or by intentionally incorrect or incomplete information which has been essential for its exhibition. The withdrawal with effect for the past may only take place up to the end of five years after the certificate has been issued. Where the withdrawal of a certificate referred to in paragraph 1 also has an effect on the legality of certificates referred to in paragraph 2, an independent discretionary decision shall be taken for each of the parties concerned. The measure of the spouses 'or descendants' participation in an fraudulent deception, threat or bribery or incorrect or incomplete information provided by the Late settler against the interests worthy of the spouse or the offspring, in particular in accordance with the best interests of the child. The revocation of a certificate shall not be permitted. Unofficial table of contents

§ 16 Data protection

§ 29 (1) and (1a) shall apply mutas to the procedures laid down in § 15. The data stored in these proceedings may, at the request of the application of procedures for the granting of benefits under this Act and for the determination of the legal status as German referred to in Article 116 (1) of the Basic Law, be forwarded. and shall be passed on within the same authority, if necessary. If a completely or partially negative decision is taken in accordance with § 15 or a decision pursuant to § 15 is withdrawn or revoked in whole or in part, all entities which grant rights to persons within the meaning of § § 1 to 4 shall be discounted. or provide benefits, and the nationality, passport and staff expulsion authority shall be informed of the decision. The following may be communicated:

1.

names, including previous names,

2.

Day and place of birth,

3.

Address,

4.

Date of decision and entry of legal resistance.

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§ § 17 to 20 (omitted)

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Third Section
Authorities and Advisory Councils

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§ § 21 to 25 (omitted)

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Fourth Section
Inclusion

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§ 26 Letter of Reception

Persons who wish to leave the settlement areas as ethnic German resettlers in order to take their permanent residence within the scope of this law shall be granted a notice of admission in accordance with the following provisions. Unofficial table of contents

§ 27 Claim

(1) The notice of admission shall be granted on application to persons residing in the areas of settlement which, in accordance with the reasons for the permanent residence within the scope of the law, fulfil the conditions as ethnic German resettlers (reference persons). By way of derogation, persons who are staying within the scope of the law without receiving a notice of admission may be granted a letter of acceptance or the entry referred to in the first sentence of paragraph 2 may be obtained if the sawing means a particular hardship , and the other conditions are available. The residence in the area of settlement shall be deemed to be continued if a request for sentence 2 has been rejected and the applicant has again established residency in the resettlement areas for the subsequent application in accordance with the first sentence. (2) The living in the settlement area Spouse, if the marriage has been in place for at least three years, or the offspring living in the resettlement area are included in the reference person's admission notice for the purpose of joint resettlement, if there is no reason for exclusion in the person in question in the the meaning of § 5 and the reference person expressly requests the inclusion; Spouses and full-year descendents must also have a basic knowledge of the German language. The inclusion shall be obtained if a descendant of a reference person is no longer born in the resettlement area, but during the resettlement process and before issuing the certificate pursuant to § 15 (1). By way of derogation from the first sentence, the spouse or descendant of a late-settler who has his/her permanent residence within the scope of the law may subsequently be included in the letter of acceptance of the late-ussian late-age person after the first sentence of sentence 1. if the other conditions are met. The inclusion of underage descendants in the admission notice is only permitted together with the involvement of the parents or the parent who is responsible for care. By way of derogation from the first sentence, a spouse or a full-year descendant shall be included if he does not have a physical, mental or mental illness or disability within the meaning of Article 2 (1) sentence 1 of the Ninth Book of Social Law Basic knowledge of the German language can possess. Inclusion in the notice of admission shall be ineffective, in particular, if the marriage is dissolved before both spouses have left the resettlement areas, or the reference person dies before the included persons take up admission in the sense of § 4 (3) sentence 2 have been found. (3) The request for the recovery of an indisputable procedure for the grant of a host or for inclusion shall not be bound by a time limit. § 8 (2) and 9 (4) Sentence 2 shall apply to members of the family of persons who are subsequently included in the sentence of paragraph 2. (4) For each calendar year, the number of receiving moths may be granted in such a way that the number of persons to be received shall be subject to the following conditions: Ethnic Germans, spouses and descendents do not exceed the number of persons distributed by the Federal Administrative Office in 1998 within the meaning of § § 4, 7. The Federal Administrative Office may deviate from this by up to 10 from the hundred to the top or the bottom. Unofficial table of contents

§ 28 Procedure

The Federal Administrative Office (Bundesverwaltungsamt) carries out the admission procedure and grants the admission notice. In order to establish exclusion grounds in accordance with § 5 No. 1 letter d and e, the Federal Administrative Office shall take part in the Federal Intelligence Service, the Federal Office for the Protection of the Constitution, the Military Shielding Service, the Federal Police, the Federal Criminal Police Office and the Federal Police Office. the customs criminal office, if the person to be verified is the 16. Year of life has been completed. Unofficial table of contents

§ 29 Data protection

(1) The Federal Administrative Office and the authorities involved in the reception procedure may, in so far as it is necessary for the determination of the conditions laid down in Article 27,

1.

Use the personal data available to them to provide information on the status of the ethnic German language, even if they have been collected or stored for other purposes,

2.

collect personal data from the person concerned.

Under the same conditions, they may, without the participation of the person concerned, collect personal data outside the scope of this Act in the case of other public and non-public bodies, in so far as the data collected in accordance with the first sentence of this Article not to make a decision on the request of the person concerned. Public authorities are obliged to provide information for this purpose. The use and transmission in accordance with the first sentence of 1 (1) and in the second and third sentences shall not be used if special legal conditions of use or overriding legitimate interests of the person concerned or third parties are in conflict. (1a) To determine Grounds for exclusion in accordance with Section 5 (1) (d) and (e) may the Federal Administrative Office (Bundesverwaltungsamt) to the Federal Intelligence Service, the Federal Intelligence Service, the following data of the late ussian eagle, his spouse or its descendants, to be included in the notice of admission. Federal Office for the Protection of the Constitution, the Military shielding service, which Federal Police, the Federal Criminal Police Office and the Customs Crime Office:

1.

the surname,

2.

components of the name, which does not provide for German law,

3.

the first names,

4.

former names,

5.

gender,

6.

the date of birth,

7.

the place of birth and

8.

the last address in the resettlement area.

Where there is evidence of exclusion grounds in accordance with § 5 (1) (d) or (e), the authorities involved in the first sentence shall inform the Federal Administrative Office in accordance with the special statutory provisions in force in this regard. within 10 days of the transmission of the data in accordance with the first sentence. If the respective safety authority considers that a further review of the grounds for exclusion is necessary, it should be completed within three weeks after the data has been forwarded in accordance with the first sentence. (2) The data on the recording and distribution procedure Unless otherwise provided by law, the collected data may only be used for the purposes of these procedures, including provisional accommodation by the Länder, for proceedings pursuant to § 15 and for the determination of the legal status as a German Article 116 (1) of the Basic Law as well as procedures for the granting of benefits in accordance with this law, and are transmitted. Unofficial table of contents

§ § 30 to 93 (omitted)

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Fifth Section
Name guide, consulting

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§ 94 Family names and first names

(1) displaced persons and ethnic German resettlers, their spouses and descendants, who are Germans within the meaning of Article 116 (1) of the Basic Law, may be issued by declaration to the Federal Administrative Office in the distribution procedure or the registry office

1.

take part of the name, which does not provide for German law,

2.

assume the original form of a name modified according to the sex or relationship ratio,

3.

take on a German-language form of their first or family name; if there is no such form of the first name, they can take new first names,

4.

in the case of the management of a common family name by spouses, appoint an ehenamen pursuant to section 1355 (1) of the Civil Code and make a declaration pursuant to Section 1355 (4) of the Civil Code,

5.

adopt the surname in a German translation, provided that the translation results in a family name under consideration in the German language area.

If, in the cases in points 3 to 5, the surname is the name of the Ehename, the declaration may be made only by both spouses during the marriage. On the birth name of a descendant, who has completed the fifth year of life, the name change only extends if he/she is changing the name by explaining to the Federal Administrative Office in the distribution procedure or the Standesamt joins. A child, limited in business capacity, who has completed the fourteenth year of life, can only make the declaration himself; this requires the consent of his legal representative. (2) The declarations referred to in paragraph 1 must be made public shall be certified or certified if they are not handed over to a German registry office when the marriage is made. In the distribution process, the Federal Administrative Office can also make the declarations publicly certified or on the basis of a certificate. Fees and expenses shall not be charged. Unofficial table of contents

§ 95 Free advice

(1) Organisations of displaced persons, refugees and ethnic German resettlers, whose purpose is not directed to an economic business operation, may be displaced persons, refugees and ethnic German resettlers as part of their area of responsibility in tax matters for free. They do not require any special permission to do so. (2) This activity can be prohibited in the event of abusive exercise. The Federal Government shall determine the further details by means of a regulation with the consent of the Federal Council.

Sixth Section
Culture, research and statistics

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Section 96 Care of the cultural heritage of displaced persons and refugees and the promotion of scientific research

The Federal Government and the Länder have, in accordance with their competence under the Basic Law, the cultural property of the Vertfriction Territories in the consciousness of the displaced persons and refugees, of the entire German people and of the Auslands, archives, museums and libraries, to supplement, supplement and evaluate libraries, and to ensure and promote institutions of art and education. They have to promote science and research in the performance of the tasks resulting from the displacement and integration of displaced persons and refugees, as well as the further development of the cultural achievements of the displaced persons and refugees. The Federal Government reports annually to the Bundestag on the initiative it has made. Unofficial table of contents

§ 97 Statistics

The Federal Government and the Länder have to carry out the statistical work required in the field of the ethnic German resettler system. In particular, they shall be able to provide statistics in such a way that the statistical documentation can be made available for the implementation of the rules adopted for the purposes of the integration of the ethnic ethnic and ethnic groups.

Seventh Section
Criminal provisions

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Section 98 Erfaction of benefits

A term of imprisonment of up to five years or a fine shall be punishable by the person who makes or uses inaccurate or incomplete information of an actual nature, for himself or for any other rights or advantages reserved for ethnic German resettlers, to be terrified. Unofficial table of contents

Section 99 Compulsory violation of administrative personnel

A term of imprisonment of up to five years or a fine shall be punishable by the person who, as a member of the administrative staff, issuing certificates for the implementation of this Act for persons who know that they do not have the right to issue the certificate .

Eighth section
Transitional and final provisions

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§ 100 Application of the previous law

(1) For persons within the meaning of § § 1 to 3, the provisions in force before 1 January 1993 shall apply in accordance with the provisions of paragraphs 2 to 8. (2) Proofs in accordance with § 15 in the version in force before 1 January 1993 shall only be issued if they are presented before the date of that day. Resettlers who have established the permanent residence within the scope of the law after 2 October 1990 and before 1 January 1993, may apply for the identity card until 31 December 1993. Moreover, the status of displaced persons or refugees shall be determined by the Federal Administrative Office only at the request of an authority responsible for granting rights and advantages to displaced persons or refugees. (3) § 16 is also apply to proceedings in accordance with § § 15 to 19 in the version valid before 1 January 1993. (4) Persons who have received a transfer authorization from the Federal Administrative Office before 1 July 1990 shall be subject to the conditions laid down in the § 1 (2) (3), with the proviso that no grounds for exclusion in accordance with § 5 (1) (d) or (5) Persons who have received a notice of admission in accordance with § 26 before 1 January 1993 are ethnic German resettlers, if they have received a notice of admission in accordance with § 26 of the German law. (6) Persons who, after 30 June 1990 and before 1 July 1991, have the permanent residence in the country of residence, subject to the conditions laid down in Article 5 (2) (e) of the Treaty. the territory referred to in Article 3 of the Agreement, shall be subject to the residence permit (7) Section 90a (2) shall be valid until 30 June 1993 in the period up to 31 December 1992, in the case of the competent authorities of the Member States of the European Union, which shall be subject to the conditions laid down in Article 1 (2) of the Treaty. (8) Section 90a (1), (3) and (4) shall continue to apply in the version in force until 31 December 1992. Unofficial table of contents

Section 100a Transitional scheme

(1) Applications pursuant to section 15 (1) shall also be submitted in accordance with the law applicable after 7 September 2001. (2) The ethnic German property of persons from Estonia, Latvia or Lithuania, who receive a notice of admission in accordance with § 26 before 24 May 2007. , shall continue to be determined in accordance with § § 4 and 5 in the version valid before 24 May 2007, with the proviso that there is no grounds for exclusion in accordance with § 5 (1) (d) or (e) (e). Unofficial table of contents

Section 100b Application provision

§ 4 (3) sentence 2 is valid in the version valid up to 1 January 2005 on spouses who have been included in the notice of admission until that date and whose marriage to the ethnic German resettler at the time of the abandonment of the resettlement areas is still has not passed three years. If spouses within the meaning of the first sentence are admitted to the law after 24 May 2007, they must issue a certificate in accordance with Section 15 (2) of the Act stating that they are in the status referred to in Article 116 (1) of the Act. Basic law did not acquire. Unofficial table of contents

§ 101 (omitted)

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§ 102 (omitted)

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Section 103 Costing

The Federal Government shall bear the expenses in accordance with § 9 of this Act. Unofficial table of contents

Section 104

The Federal Ministry of the Interior may adopt general administrative provisions for the implementation of this Act by the Federal Administrative Office. Unofficial table of contents

§ § 105 to 107 (omitted)

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