Law concerning the exchange of notes of 25 September 1990 and 23 September 1991 on the legal status of the allied forces stationed in Germany and the Convention of 25 September 1990 on the settlement of certain matters relating to Berlin

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Date of completion: 03.01.1994

Full quote:

" Act concerning the exchange of notes of 25 September 1990 and 23 September 1991 on the legal status of the allied forces stationed in Germany and the Convention of 25 September 1990 on the settlement of certain matters relating to Berlin of 3 January 1994 (BGBl. 26), as last amended by Article 12g (2) of the Law of 24 August 2004 (BGBl). I p. 2198).

Status:

Last amended by Art. 12g Abs. 2 G v. 24.8.2004 I 2198

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Footnote

(+ + + Proof of text: 14.1.1994 + + +) 

  

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Input formula

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

Species 1

(1) The following agreements, signed by the Government of the Federal Republic of Germany, are agreed:

a)

Transfer of notes of 25 September 1990 between the Federal Republic of Germany and the Kingdom of Belgium, the French Republic, Canada, the Kingdom of the Netherlands, the United States of America and the United Kingdom of Great Britain and Northern Ireland to the Agreement between the parties to the North Atlantic Treaty relating to the status of their forces of 19 June 1951 and to the Additional Agreement to this Agreement of 3 August 1959, together with related agreements (change of notes of 25 June 1959). 1 September 1990 on the NATO troop statute),

b)

Note-change of 23 September 1991 between the Federal Republic of Germany and the Kingdom of Belgium, Canada and the Kingdom of the Netherlands on visits by the armed forces of these States in Berlin (note change of 23 September 1991 on visits by Armed forces in Berlin),

c)

Changes of staff of 25 September 1990 between the Federal Republic of Germany and the French Republic, the United States of America and the United Kingdom of Great Britain and Northern Ireland on the temporary whereabout of armed forces the French Republic, the United States of America and the United Kingdom of Great Britain and Northern Ireland in Berlin (change of notes of 25 September 1990 on the temporary whereabout of armed forces in Berlin),

d)

Convention of 25 September 1990 between the Federal Republic of Germany and the French Republic, the United States of America and the United Kingdom of Great Britain and Northern Ireland on certain matters relating to: Berlin (Convention of 25 September 1990 in relation to Berlin),

(2) The agreements listed shall be published below.

Type 2

(1) Compensation for crews caused in the period from 5 May 1955 to the end of 2 October 1990 in the territory of the former 3 western sectors of Berlin shall be compensated in accordance with paragraphs 2 to 5. (2) Occupation damage is provided if the conditions of § 2 No. 1 to 5 of the law on the retribution of occupation damage are fulfilled in the adjusted version published in the Bundesgesetzblatt part III, outline number 624-1, and none Exclusion facts in the sense of § § 3 and 33 (1) of this Act are available. (3) Compensation will be , and to the extent provided for in Regulation No 508 of the commanders of the United States, British and French sectors of 21 May 1951 (Law and Regulation Bulletin of the Land of Berlin, p. 403) and the relevant legal and legal provisions of this Regulation (4) compensation claims have been made within 6 months of the date of payment of the compensation. (4) Compensation claims shall be made within 6 months of the date of the the entry into force of this law. If, at the time of the entry into force of this Act, a procedure for the retribution of a manning damage was pending on the basis of the law of the law, there is no need for an application. (5) The applications shall be decided upon in accordance with Article 8. of the Act on the NATO Staff Regulations and the Additional Agreements of 18 August 1961 (BGBl. 1183), the competent authority of the relevant version in force. § § 35, 53 (1) to (3) and § 54 of the Law on the Retaliation of Occupation Damage are to be applied accordingly. (6) Paragraphs 1 to 5 shall apply in accordance with the Occupation Damage, which is due in the period from 1 August 1945 to the end of 2 October. In 1990, the persons referred to in Article 2 (1) to (5) of the Law on the retaliation of crew damages of the American, British or French occupation forces in the territory of the former East-sector of Berlin or the former East-American occupation of the former East- Transit routes to and from Berlin have been caused.

Art 3

Articles 6 to 14 and 25 of the Act on the NATO Staff Regulations and the Additional Agreements of 18 August 1961 (BGBl I). 1183) shall apply mutatily to the retribution of damage to which the armed forces of the Kingdom of Belgium, the French Republic, Canada, the Kingdom of the Netherlands, the United States of America and the United Kingdom The United Kingdom and Northern Ireland are responsible if such damage has been caused after 2 October 1990 in the territory of the Länder of Berlin, Brandenburg, Mecklenburg-Vorpommern, Saxony, Saxony-Anhalt or Thuringia.

Species 4

(1) The land available to the American, British and French armed forces on 2 October 1990 in the territory of the State of Berlin shall apply with effect from the 3. The United States and the United States of America, the United States of America, the United States of America, and the United States of America, the United States of America, the United States of America, and the United States of America, the United States, the United States of America, the United States of America and the United States of America, respectively, of this Agreement of 3 August 1959, together with related agreements and the temporary whereabout of armed forces of the French Republic, the United States of America and the United Kingdom of Great Britain and Northern Ireland in Berlin (2) The continued use of shall apply with effect from 3. October 1990 as early possession of the property within the meaning of Section 38 of the Land procurement law in the revised version published in the Bundesgesetzblatt, Part III, outline number 54-3. The provisions of the Land procurement law, with the exception of § 42, apply accordingly.

Species 5

(1) The United States, British and French troops, their civilian sequences, their members and their relatives in Berlin, in accordance with point 3 of the change of staff of 25 September 1990, on the temporary whereabout of armed forces in Berlin (2) The same applies to those of the armed forces. (2) The same applies to the armed forces, their civil service, their civil consequences, their civil consequences, their members and their members. in point 4 (a) of the transfer of staff to the NATO troop statute of 25 September 1990 the legal status granted.

Species 6

Articles 3, 4b, 4c and 5 of the Act on NATO Staff Regulations and the Additional Agreements of 18 August 1961 (BGBl I). 1961 II p. 1183), as last amended by the Law of the Convention amending the Additional Agreement to the NATO Military Staff Regulations and the other agreements of 18 March 1993 also apply in the Länder of Berlin, Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia.

Species 7

The cooperation in criminal matters governed by the exchange of notes of 25 September 1990 in conjunction with Article VII (5) (a) and (6) (a) of the NATO troop statute is governed by the following special provisions to run: Unofficial table of contents

§ 1

In so far as the authorities of the sending State exercise jurisdiction, the law enforcement authorities shall, at their request, have the power to comply with the obligations arising out of Article VII (5) (a) and (6) (a) of the NATO troop statute. Obligations of the persecuted provisionally consequent arrest of the persecuted and to be held until the surrender to the military authority of the sending State, and to carry out seizure and searches and other to To carry out the obligation to carry out the necessary investigations. The provisions of the Code of Criminal Procedure shall apply in accordance with the provisions of this Regulation, unless otherwise specified below. Unofficial table of contents

§ 2

The seizure and search required by a request under Article VII (6) (a) of the NATO troop statute shall be ordered by the district court in whose district the acts are to be carried out. If legal assistance is to be carried out in the districts of several courts, the jurisdiction shall be determined by the court or, as long as a court has not yet referred, which prosecutor's office was first referred to the case. Unofficial table of contents

§ 3

(1) If, after receipt of a request for arrest and surrender pursuant to Article VII (5) (a) of the NATO troop statute, the whereabouts of the persecuted person are not known, the public prosecutor's office and its investigators may submit the invitation to tender for the (2) If the place of residence of the person being persecuted is known, it shall be provisionally arrested if, on the basis of certain facts and in the event of an assessment of the circumstances of the person concerned, the person concerned is aware of the circumstances of the persecution. Individual cases are in danger of being handed over to the military authority of the sending State. (3) A arrested person shall be presented to the judge of the next local court immediately, no later than the day after his arrest. (4) The judge shall immediately hear the persecuted person after the performance, at the latest on the next day, about his personal circumstances, in particular about his nationality. He shall inform him of the reasons for the arrest and shall indicate to him that he or she may be in any position in the proceedings of the assistance procedure. He then asked him whether, and if so, on what grounds he would object to his provisional arrest and the handing over to the military authorities of the sending State. (5) The judge considers the conditions for the provisional arrest to be made. In the event of arrest and the request for surrender, it shall order by decision that the person being persecuted shall be immediately handed over to the competent military authority of the sending State, who has requested the arrest and surrender. Otherwise, the person being persecuted shall be released. (6) The immediate appeal is admissible against the decision of the judge, which is to be handed over. The decision of the court of appeal must not be completed. (7) The public prosecutor's office in the District Court, which is locally competent for the court, prepares the decision on the surrender and carries out the court order. Submit by. Unofficial table of contents

§ 4

The fundamental rights of physical integrity (Article 2 (2) sentence 1 of the Basic Law), the freedom of the person (Article 2 (2) sentence 2 of the Basic Law) and the inviolability of the apartment (Article 13 of the Basic Law) shall be subject to the conditions laid down in the § § 1 to 3 restricted.

Art 8

(1) This Act shall enter into force on the day following its announcement. (2) The change of staff of 25 September 1990 to the NATO troop statute, with the exception of point 4 (c) and the exchange of notes of 25 September 1990 on the temporary whereabout of Armed forces in Berlin are on the 3. It entered into force in October 1990 (BGBl. 1990 II p. 1250). Paragraph 4 (c) of the Exchange of Notes of 25 September 1990 on the NATO troop statute and the supplementary change of staff of 23 September 1991 concerning the visits of armed forces in Berlin shall enter into force at the date provided for in paragraph 1. (3) The The date on which the Convention of 25 September 1990 in respect of Berlin enters into force for the Federal Republic of Germany in accordance with its Article 11 (2) shall be published in the Federal Law Gazans (Bundesgesetzblatt).