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Implementing Act to the Convention of 13 January 1993 prohibiting the development, production, stockpiling and use of chemical weapons and on the destruction of such weapons

Original Language Title: Ausführungsgesetz zu dem Übereinkommen vom 13. Januar 1993 über das Verbot der Entwicklung, Herstellung, Lagerung und des Einsatzes chemischer Waffen und über die Vernichtung solcher Waffen

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Implementing Act to the Convention of 13 January 1993 on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction (Chemical Weapons Convention-CWÜAG)

Unofficial table of contents

CWÜAG

Date of completion: 02.08.1994

Full quote:

" Implementing Act to the Chemical Weapons Convention of 2 August 1994 (BGBl. I p. 1954), which was last amended by Article 2 (1) of the Law of 6 June 2013 (BGBl. I p. 1482).

Status: Last amended by Art. 2 para. 1 G v. 6.6.2013 I 1482

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 29.4.1997 + + +) 

G occurs gem. Section 21 (1) sentence 2 iVm Away. I Bek. v. 4.11.1996 II 2618 mWv 29.4.1997 in force.
§ § 1 to 7, 12, 15 para. 1 no. 1 (b) and (b) No 3, para. 2 and 3, § 16 (1) (1), (5) and (5) 6 and § § 19 and 20 are gem. Section 21 para. 1 sentence 1 iVm Away. I Bek. v. 4.11.1996 II 2618 mWv 16.11.1996 entered into force. Unofficial table of contents

Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law: Unofficial table of contents

§ 1 Definitions

In the sense of this law:
1.
Convention: the Convention of 13 January 1993 on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on the Destruction of such weapons, including those referred to in Article 2 of the Law on Chemical Weapons Convention (Chemical Weapons Convention), in force by law
2.
permitted purposes:
a)
the purposes referred to in Article II (9) (a) to (c) of the Convention,
b)
the use of means to combat unrest within the meaning of Article II (7) of the Convention on the maintenance of public security and order
-
by the police officers of the federal and state governments,
-
by the Bundeswehr in the application of measures under the law on the application of direct coercion and the exercise of special powers by soldiers of the Bundeswehr and allied armed forces, as well as civilian guards or
-
by the Bundeswehr (Bundeswehr) in the case of operations within the framework of a system of mutual collective security (Article 24 (2) of the Basic Law)
as well as training for such use and
c)
the fulfilment of international disarmament or arms control obligations;
3.
Organisation: the Organisation for the Prohibition of Chemical Weapons, established under Article VIII of the Convention;
4.
State Party: State which has acceded to the Convention and is named in the list of States Parties, as amended, by the Federal Foreign Office in the Federal Gazette (Bundesanzeiger);
5.
Production: the formation of a chemical by chemical reaction;
6.
Processing: any physical process in which one chemical is not converted to another, in particular formulation, extraction and purification;
7.
Consumption: the conversion of a chemical into another chemical by chemical reaction;
8.
Imports: the movement of chemicals from abroad to the domestic market;
9.
Export: the transfer of chemicals from home to foreign countries;
10.
Transit: the inland transport of chemicals from abroad, without the chemicals entering the country in free circulation;
11.
Establishment: the works, establishments or installations referred to in points 12 to 14, including the single small installation within the meaning of Part VI (8) of Annex 2 to the Convention;
12.
Works: the local aggregate of one or more industrial establishments, with all their different levels of administration, subject only to one management, and having a common infrastructure;
13.
operation: a largely independent area, a corresponding construction or a corresponding building in which one or more industrial installations with additional and connected infrastructure facilities are located;
14.
Installation: the combinations of equipment, including the containers and the container assembly, necessary for the industrial production, processing or consumption of a chemical;
15.
agreement on bodies: agreement or regulation between the Federal Government and the Organization on the details of the inspection procedure for certain bodies subject to verification under Article VI of the Convention;
16.
Inspection group: the group of inspectors and inspection assistants responsible for carrying out a specific inspection by the organisation;
17.
Inspection mission: the orders issued by the Inspection Unit to the Organization for the implementation of a specific inspection;
18.
' inspection site ' means any facility or site in which an inspection is carried out in accordance with Article VI or IX of the Convention or an investigation under Article X of the Convention, and which shall be carried out in the final inspection request, in the inspection mission or in an agreement on the establishment, is described in detail;
19.
Observer: representative of a requesting State Party or of a third State Party to the Convention, which is responsible for taking part in an inspection pursuant to Article IX of the Convention.
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§ 2 Restrictions

(1) The Federal Government shall, without the consent of the Federal Council, regulate the restrictions required for the fulfilment of the obligations arising from the Convention by means of a regulation without the consent of the Bundesrat. It can
1.
a)
the import, export and transit of any chemicals to be recorded in so far as the traffic is affected by non-contracting States;
b)
the re-export of such chemicals to a third Contracting State;
c)
the setting-up of facilities intended for the production of such chemicals, and
d)
the production, processing, sale, consumption, acquisition, transfer of such chemicals, the trading of such chemicals and the other exercise of the actual violence against them, insofar as these acts are carried out by Germans in non-contracting states shall be made,
prohibit,
2.
the operation of the equipment referred to in point 1 (c) and the production of the chemicals to be recorded subject to a permit to the extent that the establishment or production has not been prohibited, and
3.
in addition, the importation, exportation, transit, processing, sale, consumption, acquisition and release of the chemicals to be recorded, the trade in it, the other exercise of the actual violence on them and the making substantial changes to approved facilities subject to authorisation.
The prohibitions referred to in the second sentence of the second subparagraph of point (a) to (c) may also cover acts of German abroad. Restrictions resulting from other provisions shall remain unaffected. (2) The authorisation, the rejection of an application for authorisation, the withdrawal and the revocation of a permit shall be subject to the written form. (3) By The legal regulation referred to in paragraph 1 may also be subject to provisions
1.
on the authorisation procedure and
2.
require authorisation to import, import, export or transit chemicals, in accordance with the provisions of paragraph 1 of this Article, in accordance with the provisions of the Regulation.
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§ 3 Reporting requirements

The Federal Government, without the consent of the Federal Council, regulates reporting obligations in connection with activities pursuant to § 2 (1) sentence 2 as well as in relation to other entities referred to in Article VI of the Convention, insofar as this is the case. Fulfilment of the obligations arising from the Convention is necessary. The Regulation may, in particular, determine the frequency, time periods, content and format of the notifications, the manner in which they are transmitted and the time limits for transmission. Unofficial table of contents

§ 4 Security obligations

Any person exercising an activity which is subject to restrictions or is subject to notification in accordance with a regulation adopted pursuant to Articles 2 and 3 of this Regulation shall take the necessary measures to prevent the chemicals referred to therein from being subject to any restrictions or shall not be subject to any restrictions. can be used or unauthorised. Unofficial table of contents

§ 5 responsibilities

(1) The Federal Office for Economic Affairs and Export Control (BAFA) is responsible for issuing permits in accordance with the legal regulation issued pursuant to section 2 (1), second sentence, no. 2 and 3, as well as for the collection, processing and verification of data on the ground. (2) The Federal Ministry of Finance and the customs offices designated by it shall act in the supervision of the import, export and transit of the goods referred to in the second sentence of section 2 (1) and (3) of this Regulation. the labelling of chemicals. If there is evidence of a breach of restrictions resulting from this Act or which have been enacted under this Act, they shall inform the Federal Office of Economics and Export Control (BAFA). They may reject the chemicals and their means of transport and packaging at the expense and risk of the right of disposal, or ensure that they are remedied until the deficiencies are identified or until the competent authority has taken a decision. Unofficial table of contents

§ 6 Use, transmission and confidentiality of data

(1) The Federal Office for Economic Affairs and Export Control (BAFA) may, in the performance of its duties, comply with this Act and the relevant data, including personal data, which have been disclosed in accordance with the provisions of this Act. (2) The Federal Office for Economic Affairs and Export Control (BAFA) shall transmit to the Federal Foreign Office via the Federal Ministry for Economic Affairs and Development (BAFA) for the economy and technology that he has in the performance of his duties this law and the data disclosed in this legislation, including personal data, to the extent necessary for the fulfilment of the obligations arising from the Convention. The authorities referred to in the first sentence may transmit such data to other authorities, in so far as this is necessary for their verification, for the pursuit of the purposes specified in Article 4 (1) and (2) of the External Economic Act or for the prosecution of criminal offences under this (3) The Federal Foreign Office shall be entitled to act in accordance with the law, the law on the control of weapons of war or of crimes of considerable importance.
1.
communicate to the Organization the data disclosed in the application of this Act and of the legal regulations adopted in accordance therewith, including personal data, in so far as this is in order to fulfil the obligations arising out of the Convention is required,
2.
communicate to other authorities the data communicated by the organisation, including personal data, to the extent that this is necessary;
a)
in order to enable them, within the limits of their competence, to assess the compliance of the Convention by the States Parties, or
b)
for the prosecution of criminal offences under this law, the Foreign Trade Act, the Law on the Control of War Weapons Or Offences of considerable importance.
(4) The Federal Office for Economic Affairs and Export Control (BAFA) and the authorities referred to in paragraphs 2 and 3 (2) may only use the transmitted data for the purpose for which they have been transmitted. Use for other purposes is permitted, provided that the data may also have been transmitted for this purpose. The authorities referred to in the first sentence must comply with the provisions laid down in the Convention for the protection of confidential data. Unofficial table of contents

§ 7 Information requirements

(1) The Federal Office for Economic Affairs and Export Control (BAFA) may request information as far as is necessary to monitor compliance with this law and the legal regulations adopted pursuant to this Act. To the extent necessary for this purpose, it may require that the business documents be submitted to it and may carry out audits on the parties responsible for providing information. In order to carry out the examinations, staff members of the Federal Office for Economic Affairs and Export Control (BAFA) may enter the premises and operating facilities of the parties responsible for providing information during the usual operating and business hours. The obligated person has to accept examinations in accordance with sentence 2 and the person entering after sentence 3. (2) The person who is responsible for an authorization or reporting obligation is subject to the obligation to provide information in accordance with a legal regulation issued pursuant to § § 2 and 3. (3) The person responsible for issuing an authorization or reporting is subject to the obligation to provide information on the subject. Any person may refuse to be informed of such questions, the answer to which he or she himself or one of the members of the civil procedure referred to in § 383 (1) to (3) of the Code of Civil Procedure is liable to prosecution or to Proceedings under the Law on Administrative Offences would be suspended. He or she shall be informed of his right to refuse to provide information. Unofficial table of contents

§ 8 Duldung and support of inspections

(1) The holder of land or premises, on or in which, according to a legislative decree adopted pursuant to Articles 2 and 3 of this Regulation, are located (the obligation), shall carry out inspections in accordance with Article VI of the (2) The holder of land or premises of any kind (commitment) has inspections in accordance with Article IX of the Convention and investigations in accordance with Article X of the Convention in the context of the inspection contract, subject to the conditions laid down in § 10 (3) The pledge referred to in paragraph 1 or 2 shall bear the costs arising from the conduct of the inspections or investigations themselves if they are not carried out by the Organization in accordance with the provisions of the Convention will be reimbursed Applications for reimbursement of expenses are to be submitted to the Federal Office for Economic Affairs and Export Control (BAFA), which examines them and forwards them to the organisation via the Federal Foreign Office. Unofficial table of contents

§ 9 Monitoring Group

(1) inspections in accordance with Articles VI and IX of the Convention and investigations pursuant to Article X of the Convention shall be carried out only in the presence of an accompanying group, unless the legal regulation adopted pursuant to Article 12 of this Convention determines otherwise. In the case of inspections or investigations in the Division of the Federal Ministry of Defence, the Monitoring Group will be set up by the German Federal Armed Forces ' Centre for Verification Tasks, as well as by the Federal Office for Economic Affairs and Export Control (BAFA). The accompanying group may belong to representatives of other federal authorities. (2) The head of the accompanying group has to be expelleted. It shall take the necessary orders for the conduct of the inspection or investigation, in particular those necessary for the enforcement of the powers specified in § § 10 and 11 as well as the powers specified in the legal regulation adopted pursuant to section 12 of this Regulation. and co-action obligations. The opposition and the action taken against orders in accordance with the second sentence do not have suspensive effect. The Federal Foreign Office will be given the opportunity to express its opinion before the decision on the contradiction. (3) The accompanying group shall take into account the protected interests of the pledge as well as of the persons otherwise affected, insofar as this is done according to the Circumstances may be possible. This applies in particular to measures for the protection of sensitive facilities or confidential data in accordance with the provisions of the Convention. (4) The head of the accompanying group shall transmit to the Federal Foreign Office all the Accompanying group in the course of an inspection or investigation, to the extent necessary to verify the data published pursuant to this Act or the legal regulations adopted in respect of this Act. Section 6 (4) shall apply accordingly. Unofficial table of contents

Section 10 Inspection powers

(1) In so far as it is necessary to carry out the inspections referred to in Articles VI and IX of the Convention and investigations under Article X of the Convention, the Inspection Unit shall have the power to:
1.
to enter and visit land and premises during normal operating and business hours, provided that the rooms concerned do not serve the purpose of living,
2.
to use the equipment approved under the Convention;
3.
to interview staff of the pledge,
4.
to inspect records, files and records;
5.
in the case of consent of the pledge or the head of the accompanying group, to take samples,
6.
to analyse samples within the inspection site with the approved equipment or to pass on samples for analysis in laboratories designated by the organisation outside the inspection site; and
7.
in accordance with the provisions adopted pursuant to Article 2 (1), second sentence, point 2 of the Regulation, instruments for the permanent monitoring of such facilities, as well as containers for photographs, plans and other equipment Store information.
(2) In so far as it is necessary to carry out inspections in accordance with Article IX of the Convention and investigations under Article X of the Convention, the inspection group shall be empowered beyond the rights referred to in paragraph 1 to:
1.
to enter and visit land and premises outside the usual operating and business hours, as well as housing for the prevention of urgent threats to public security and order, after the head of the accompanying group has been appointed,
2.
To search land, spaces or flats by judicial order or in the event of danger in arrestment of the head of the accompanying group, if facts justify the assumption that the search for the finding of evidence for a the breach of Articles I, V or VI of the Convention shall result in:
3.
to obtain data from the accompanying group on all exit movements from the inspection site; and
4.
to monitor and inspect the vehicles leaving the inspection site, in so far as they are not private passenger cars.
Where the use of chemical weapons or anti-war drugs is claimed as a means of warfare, the inspection group shall also be empowered to:
1.
Persons who may be affected by the alleged use, even without their consent, following the order of the head of the accompanying group, in order to determine whether traces of chemical weapons use are present on their body, and to question these individuals and eyewitnesses of the alleged use,
2.
to interview medical personnel and other persons who have treated or otherwise come into contact with the persons affected by the alleged use,
3.
to see the medical records and
4.
to be present at the autopsy of corpses,
in so far as this is necessary for the clarification of the facts. The fundamental right of inviolability of the home (Article 13 of the Basic Law) is restricted in the cases of the first sentence of 1 and 2. The court order in accordance with the first sentence of the first sentence is given by the district court, in whose district the search is to be carried out. The proceedings shall be governed by the provisions of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction. (3) A person who, pursuant to paragraph 1 (3) or (2), second sentence, questions 1 or 2 questions. , the Commission may refuse to reply to such questions, the answers to which they themselves or one of the members of the civil procedure referred to in Article 383 (1) (1) to (3) of the Code of Civil Procedure of the risk of criminal prosecution or of a procedure after of the law would be subject to the law on administrative offences. (4) The observer shall have the right to accompany the inspection group during the inspection, in so far as it allows the head of the accompanying group. (5) The inspection group and the observer shall be entitled to: shall be able to store the data disclosed to them in the conduct of inspections or investigations, including personal data, to the extent that this is necessary for the performance of their tasks under the Convention. Unofficial table of contents

Section 11 Cooperative obligations

The person responsible shall assist the inspection group and the accompanying group in carrying out the inspections and investigations referred to in Article 8, where this is necessary in accordance with Articles VI, IX or X of the Convention. He has
1.
to appoint, at the request of the competent authority or the head of the accompanying group, an inspectorate empowered to give all the internal instructions required to carry out the inspection and to take decisions on behalf of the To meet the Head of the Monitoring Group and the Inspection Unit, and to ensure compliance with the duty to exercise and to carry out obligations under this Act,
2.
the inspection group, in respect of the inspection site, the activities carried out there, the security measures necessary for the inspection and the management and logistics associated with it,
3.
provide the inspection group and the accompanying group of telecommunications equipment, working spaces with electrical connections and the necessary means of transport within the facility, in so far as it is one of the verification referred to in Article VI of the Convention,
4.
to carry out the necessary operations in the facility for the purpose of carrying out the inspection order;
5.
, at the request of the inspection group, permit the use of its equipment to the extent necessary to carry out the inspection and to ensure that safety concerns do not prevent it,
6.
to take samples, at the request of the inspection group, to assist in the sampling by the inspection group and to produce photographs of objects or buildings within the inspection site, where such objects and objects are covered by the inspection group; and Buildings doubt during the inspection cannot be made clear,
7.
collect, at the request of the head of the Monitoring Group, data on all exit movements from the inspection site or assist the accompanying group in the course of inspections in accordance with Article IX of the Convention,
8.
the inspection group shall state, by submitting appropriate documents or in any other way, that parts and objects of the inspection site to which no access has been granted during the inspection or examination shall not be provided for under the Convention have been or are being used for prohibited purposes,
9.
contributing to the review of the preliminary inspection investigations and the clarification of issues of doubt,
10.
inform the Federal Office for Economic Affairs and Export Control (BAFA) without delay if the instruments or containers referred to in § 10 (1) (7) have been damaged, and
11.
the Federal Office for Economic Affairs and Export Control (BAFA) to provide the information necessary for the negotiation, conclusion and compliance of agreements with the institutions.
In the cases of sentence 2 (4) and (6) to (11), he may refuse to cooperate if he or she himself or one of the members of the civil procedure referred to in Article 383 (1) (1) to (3) of the Code of Civil Procedure is liable to prosecution or to take part in the proceedings. Proceedings under the Law on Administrative Offences would be suspended. He shall be lecturing on his right to refuse to participate. Unofficial table of contents

§ 12 Implementation of inspections

Without the consent of the Federal Council, the Federal Government may, without the consent of the Federal Council, provide details of the powers and obligations of cooperation in accordance with § § 10 and 11 as well as the administrative procedure for the implementation of the inspections referred to in § 8 and Investigations. Unofficial table of contents

Section 13 Agreements on institutions

(1) The Federal Office for Economic Affairs and Export Control (BAFA) is authorized to negotiate agreements on institutions with the Organization and in agreement with the Federal Ministry for Economic Affairs and Technology and the Federal Foreign Office (2) As far as the Federal Republic of Germany is obliged to conclude an agreement on a facility under the Convention, the Federal Office for Economic Affairs and Export Control (BAFA) shall hear the pledges before the commenced date of the agreement. Negotiations and conclusion of such an agreement. In all other cases, it shall obtain its prior consent. Unofficial table of contents

§ 14 Liability

(1) If a member of the inspection group is injured, the Federal Republic of Germany shall be liable for such damage in accordance with the rules and principles of German law which would be applicable if the damage was caused by a separate inspection. officials or by an act or omission on which the Federal Republic of Germany is responsible. The first sentence of paragraph 1 shall be the first alternative in the case of damage caused by a member of the inspection group outside the inspection activity. (2) Claims pursuant to paragraph 1 shall be the first alternative in the cases of § 9 (1) sentence 2 The Federal Office for Economic Affairs and Export Control (BAFA). In order to enforce the claims, the proper legal path is given. Unofficial table of contents

Section 15 Penal rules

(1) Contrary to the law, those who intentionally or negligently act
1.
a legal regulation
a)
in accordance with Article 2 (3) (2) or
b)
according to § 3
to the extent that it refers to this fine for a specific case,
2.
incorrect or incomplete information of an actual nature or use in order to obtain a licence for itself or another which is necessary in accordance with a legislative decree adopted pursuant to this Act;
3.
Contrary to § 7 (1), no information is provided, not correct, not complete or not in good time, business documents are not submitted, are not submitted in full or in due time, or do not tolerate an examination or the entry into the business or the person concerned.
4.
in the case of an inspection of a compulsory duty pursuant to § 8 (1) or (2), in connection with § 10 or a duty of compaction in accordance with § 11 sentence 2.
(2) In the cases referred to in paragraph 1 (2), the administrative offence may be punishable by a fine of up to one hundred thousand Deutsche Mark, in the other cases with a fine of up to fifty thousand German marks. (3) The administrative authority in the sense of the Section 36 (1) (1) of the Code of Administrative Offences is the Federal Office for Economic Affairs and Export Control (BAFA). Unofficial table of contents

Section 16 Criminal law

(1) With a custodial sentence of up to five years or a fine shall be punished, who
1.
is concerned with an act referred to in Article 15 (1) (1) (b), (3) or (4), which is capable of seriously jeopardising the external relations of the Federal Republic of Germany;
2.
a legal regulation pursuant to section 2 (1) sentence 2 no. 1, insofar as it refers to that penal code for a specific event, or
3.
a legal regulation in accordance with § 2 (1) sentence 2 no. 2, insofar as it refers to that penal code for a certain amount of the offence,
if the deed is not punishable under Section 20 of the Law on the Control of War Weapons. (2) Imprisonment of up to three years or a fine shall be punished for who is contrary to a legal regulation pursuant to § 2 para. 1 sentence 2 no. 3, in so far as it refers to this penal code for a particular offence, if the act is not punishable under Section 20 of the War Weapons Control Act. (3) In particularly serious cases of paragraph 1, no. 2 and 3, the sentence is Imprisonment not under two years. A particularly serious case is usually present when the perpetrator
1.
the danger of a serious disadvantage for the external relations of the Federal Republic of Germany, or
2.
, or as a member of a gang that has committed itself to the continuing commission of such offences, with the participation of another gang member.
(4) In accordance with paragraph 1 (3) and (2), it shall also be punished who is acting on the basis of an authorisation required under a regulation pursuant to Article 2 (1), second sentence, no. 2 or 3, if the authorisation is obtained by threat, bribery or collusion; or (5) The trial is punishable. (6) If the perpetrator is negligent, the sentence in the cases of paragraph 1 is a custodial sentence of up to two years or a fine, in the case of paragraph 2 Imprisonment of up to one year or fine. Unofficial table of contents

Section 17 Criminal rules against abuse as chemical weapons

(1) With a custodial sentence not less than two years shall be punished who
1.
develop, manufacture, trade with them, acquire from another or any other toxic chemicals, munitions, equipment or equipment within the meaning of Article II (1) (b) or (c) or (2) of the Convention for other purposes than permitted. leaves, carries out, carries out, carries out, carries out or otherwise exercises the actual violence on them,
2.
another act referred to in paragraph 1, or
3.
shall promote an act referred to in paragraph 1,
if the deed is not punishable under Article 20 of the Law on the Control of Warrior Weapons. (2) In minor cases, the sentence is a term of imprisonment of three months to five years. (3) If the perpetrator is in the cases referred to in paragraph 1 Recklessly, so the penalty is imprisonment of up to three years or fine. Unofficial table of contents

§ 18 German Foreign Office

§ 16 (1) No. 2, Para. 5 and § 17 apply, regardless of the right of the crime of crime, even for acts committed abroad if the perpetrator is German. Unofficial table of contents

Section 19 confiscation

(1) If an offence has been committed in accordance with § 15 or a criminal offence is committed in accordance with § § 16 or 17, then it may be possible to:
1.
goods to which the offence or the offence relates; and
2.
goods which have been or have been used for the purpose of their observation or preparation,
(2) § 74a of the Criminal Code and § 23 of the Code of Administrative Offences shall apply. (3) In cases of § 16 (1) and (5) and § 17 (1), in the cases of § 16 (1) (2), (5) and § 17 (1), also in connection with § § 16 (1) and (5). 18, § 73d of the Penal Code shall apply if the offender acts as a commercial or as a member of a gang which has connected to the continued commission of such offences. Unofficial table of contents

Section 20 Powers of customs authorities

(1) The Public Prosecutor's Office and the Administrative Authority may, in the case of criminal offences and administrative offences in accordance with § § 15 to 17 investigations (§ 161 sentence 1 of the Criminal Procedure Code), also be carried out by the main customs offices or the customs prosecution offices. (2) The main offices and customs authorities and their officials shall also, without the request of the public prosecutor ' s office or the administrative authority, investigate and prosecute the offences and offences of the species referred to in paragraph 1 where such offences and acts of law are the movement of things. The same shall apply to the extent to which the risk is in default. § 163 of the Code of Criminal Procedure and Section 53 of the Code of Administrative Offences shall remain unaffected. (3) In the cases referred to in paragraphs 1 and 2, the officers of the main offices and the customs authorities shall have the rights and obligations of the police officers in accordance with the Provisions of the Code of Criminal Procedure and of the Law on Administrative Offences. They are the investigators of the public prosecutor's office in that regard. (4) In such cases, the main customs offices and customs authorities as well as their officials may seize seizure, searches, investigations and other measures in accordance with the procedure for the Investigators of the Public Prosecutor's Office apply the provisions of the Code of Criminal Procedure; under the conditions laid down in Section 111l (2) sentence 2 of the Code of Criminal Procedure, the main offices may also order the divestiment of the emergency. Unofficial table of contents

Section 21 Entry into force

(1) Sections 1 to 7, 12, 15 (1) (1) (b) and (3), (2) and (3), 16 (1) (1), (5) and (6) and § § 19 and 20 shall enter into force one day after the announcement of the announcement pursuant to paragraph 2. In addition, this law shall enter into force on the date on which the Convention enters into force in accordance with its Article XXI. (2) The date of entry into force of the Convention shall be published in the Federal Law Gazly as soon as the notification of the date of entry into force of the Convention shall be published. of the entry into force by the Secretary-General of the United Nations under Article XXIII of the Convention.