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Law on the entry into force of agreements relating to the temporary stay of armed forces of the French Republic, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and de ...

Original Language Title: Gesetz über die Inkraftsetzung von Vereinbarungen betreffend den befristeten Aufenthalt von Streitkräften der Französischen Republik, der Union der Sozialistischen Sowjetrepubliken, des Vereinigten Königreichs Großbritannien und Nordirland und de...

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Law on the entry into force of agreements relating to the temporary stay of armed forces of the French Republic, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and the United States of America in Berlin and of Soviet Armed Forces on the territory referred to in Article 3 of the Unification Treaty after the establishment of the German Unity

Unofficial table of contents

Dispute krAVbgInkrG

Date of completion: 24.09.1990

Full quote:

" Law on the entry into force of arrangements for the temporary stay of armed forces of the French Republic, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and the United Kingdom United States of America in Berlin and of Soviet forces on the territory referred to in Article 3 of the Unification Treaty after the establishment of the German Unity of 24 September 1990 (BGBl. 1990 II p. 1246) "

Footnote

(+ + + Text evidence from: 29. 9.1990 + + +) Unofficial table of contents

Preamble

Whereas the re-establishment of the unity of Germany requires foreign troops stationed in the acceding part of Germany and in Berlin to be subject to international contractual arrangements,
in the desire to ensure the smooth separation of allied rights,
Recognizing that the rights and obligations of these troops, their civilian followers and their family members are to be defined in legal terms in order to ensure a thriving coexistence with the population of the host country,
having regard to the fact that the contract negotiations in this area and their parliamentary consultation and decision-making cannot be concluded at an early stage because of the unique circumstances, and that the date of entry into force at the time of the the production of the German unit would be guaranteed,
Conscious of the exceptional nature of the scheme provided for,
pointing out that, accordingly, the regulation should only be used in the extent strictly necessary,
and in the expectation that the desired and final agreements will be signed and ratified as soon as possible by the Contracting Parties,
the Bundestag, with the consent of the Bundesrat, has adopted the following law: Unofficial table of contents

Species 1

(1) Until the entry into force of a definitive contract, the armed forces of the Union of Soviet Socialist Republics will provisionally continue to stay in the territory of the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and (2) The armed forces of the French Republic, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, on the one hand, and the armed forces of the Union of Soviet Socialist Republics, on the other. on the other hand, after the suspension or the removal of the special The rights and responsibilities of these states in relation to Berlin are provisionally permitted until the entry into force of definitive agreements for a further temporary stay in Berlin. Unofficial table of contents

Type 2

(1) The Federal Government is empowered to enter into force, by means of a regulation with the consent of the Bundesrat, a provisional agreement with the Union of Soviet Socialist Republics, both of the temporary stay of the Soviet Union Armed forces in the area of the federal states of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia (residential area) as well as the planned withdrawal of the Soviet forces from this area, until such time as a corresponding the final agreement shall enter into force, and the necessary implementing rules. These provisional arrangements are intended to bring about improvements in the conditions of residence. (2) The provisional agreement should cover, in particular, the following items:
a)
consideration of the sovereignty of the Federal Republic of Germany and the observance of German law by the Soviet armed forces, their members and family members,
b)
temporary residence and scheduled withdrawal of Soviet forces,
c)
appropriate measures for the protection and security of the Soviet armed forces, their assigned properties and their property,
d)
movements, maneuvers, exercises and training as well as other activities of the Soviet Armed Forces,
e)
Flight operations of Soviet forces,
f)
use of the properties assigned to the Soviet Armed Forces,
g)
Police violence against the Soviet armed forces, their members and family members,
h)
supply to the Soviet armed forces,
i)
the use of transport facilities by the Soviet armed forces and their members,
j)
Post-and telecommunications services and their use by the Soviet armed forces, their members and members of their families,
k)
health care and environmental protection,
l)
Entry and exit of the Soviet armed forces, their members and family members,
m)
Customs, tax and monopoly matters concerning the Soviet armed forces, their members and members of the family,
n)
Jurisdiction and legal assistance,
o)
liability in the event of damage to third parties and in the event of damage to
p)
Settlement of disputes and the establishment of a German-Soviet Commission,
q)
the agreement that a treaty will be signed and ratified as soon as possible, taking into account the reached negotiation level.
Unofficial table of contents

Art 3

(1) The Federal Government is empowered to conclude provisional agreements with the French Republic, the United Kingdom of Great Britain and Northern Ireland and the United States of America, on the one hand, by means of a legislative decree with the consent of the Federal Council. and the Union of Soviet Socialist Republics on the other hand, in order to lay down more detailed rules on the temporary stay of armed forces of the four States in Berlin, and to adopt the necessary implementing measures. These transitional arrangements should be based on the arrangements for the stay in the existing stationing areas outside of Berlin. (2) The provisional rules are intended to cover the following items in particular: Concerning:
a)
the maximum strength, inner city locations and the nature and scope of the arming,
b)
regulations and restrictions on the movements of the armed forces outside their locations,
c)
Regulations concerning the movements of the Armed Forces of the French Republic, the United Kingdom of Great Britain and Northern Ireland and the United States of America between the Land of Berlin and the Länder of Baden-Württemberg, Bavaria, Bremen, Hamburg, Hesse, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, Saarland and Schleswig-Holstein, as well as the movements of members of all armed forces stationed in the aforementioned countries and their family members in the Article 1 (1),
d)
Arrangements for temporary residence and withdrawal.
Unofficial table of contents

Species 4

(1) The Federal Government is also empowered to enter into provisional agreements with the French Republic, the United Kingdom of Great Britain and Northern Ireland and the United States of America by means of a legal regulation with the consent of the Federal Council. (2) The agreements shall relate in particular to the following items:
a)
the future jurisdiction of German courts and authorities for objects originating from the occupation period,
b)
the provisional stock of rights and obligations established or justified by the allied measures;
c)
Liability for claims against the three States, their institutions or persons acting on their behalf or under their authority,
d)
Labour and social security conditions of the Allies ' local forces,
e)
Cessation of property and usage conditions,
f)
Handling of the personal affairs of members of the Allied forces as well as their relatives.
Unofficial table of contents

Species 5

This law shall also apply in the Land of Berlin, provided that the Land Berlin determines the application of this law. Legal regulations which are enacted pursuant to this Act shall apply in the Land of Berlin in accordance with Section 14 of the Third Transfer Act. Unofficial table of contents

Species 6

This Act shall enter into force on the day following its announcement, with the exception of Article 1 (1) and Article 2 thereof, which shall apply on the third. The Commission shall enter into force in October.