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Regulations On Serving In International Operations

Original Language Title: Forskrift om tjenestegjøring i internasjonale operasjoner

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Regulations on serving in international operations Date-2004-12-10 Ministry of Defense-1643 Published in 2004 booklet 15 entry into force 01.01.2005 Recently changed-2014-05-23-667 from 01.07.2014 Change applies to Norway Pursuant LAW-2004-07-02-59-section 17 Announced 17.12.2004 short title regulations on international assignments Chapter overview: chapter I. Initial provisions (§§ 1-2) chapter II. Eligibility requirements for service (sections 3-10) chapter III. The making of the contract about consent to the Ministry (section 11) chapter IV. The disposal of service and Ministry etc. Preparatory (§ § 12-18)
Chapter v. Exemption Scheme (sections 19-22) Chapter VI. Duties related to service (§ § 23-27) Chapter VII. Social conditions etc. during and after assignments (§ § 28-32) Chapter VIII. Repatriation (§ § 33-38) Chapter IX. Administrative provisions (§ § 39-40) Chapter X. Entry into force and transitional arrangements (§ § 41-42): the legal authority set forth by URkgl.res. December 10, 2004 with the legal authority in law 2. July 2004 No. 59 about personnel in the military section 17. Promoted by the Ministry of defence.
Changes: modified by Regulation No. 23 May 2014 667 as amended by regulation may 27, 2014 No.. 676. Chapter I Introductory provisions 1. §. Forskriftens scope this Regulation applies to assignments in international operations as covered by law 2. July 2004 No. 59 about personnel in the armed forces, chapter III.

§ 2. Definitions of the law meant in this regulation law 2. July 2004 No. 59 about personnel in the armed forces.
With the immediate family is meant in this regulation the spouse, registered partner, partner, children, parents, grandparents, in-laws and siblings. Cohabitation must have lasted for over nine months, and should be documented with printing from the national population register. The requirement of nine-month cohabitation does not apply if the serving has common children with her partner.
With the repatriation of these regulations means the repatriation from service abroad in an international operation before the hjemsendte normally would returned to Norway, without regard to whether the repatriation takes place with or against the will of the hjemsendtes, yet not repatriation as a result of the application for exemption under this regulation chapter V with the disposal is meant in this regulation the disposal to the international operations by written order of attendance at your service , or the deployment of the forces that are prepared for such a service.
With the preparatory service is meant in this regulation training and rehearsals directly related to participation in the specific international operations, in contrast to other general training and rehearsal. This form of training and rehearsals to tidsavgrenses.
With the service period is meant in this regulation a closer time restricted period that includes service in a current international operation.

Chapter II. Eligibility requirements for the service section 3. Requirements for military education Withdrawals/disposition of personnel to ensure the strength of the contribution a satisfactory operational status according to the relevant national and multinational standards.
Printed crews should normally have served at least nine months of military service for the first time, or completed military service and then to have been transferred to the home guard. For printed crews on board the Navy's vessels, it is sufficient that the crew have served at least three-month initial service, provided that the vessel is general pattern.
Conscript/printed command should as a minimum have completed basic officer training (discharged officer courses/NCO training school) in one of the services or in the home guard. Officer candidate course for the conscript/discharged officer in the National Guard is not alone sufficient.
Personnel who lack satisfactory military basic training, is obliged to undergo special military courses prior to the service in an international operation. The Defense Chief has responsibility for this personnel be given sufficient training before serving in an international operation.

§ 4. Aldersmessige Personnel requirements to have achieved the age of majority at the time of issue.

§ 5. Health requirements, etc. Personnel must meet the requirements for physical and mental fitness for duty in international operations as the Defense Chief sets out.
By withdrawal/disposal of service in an international operation to the particular emphasis on their physical and mental fitness for such a service.
Personnel because of health condition in whole or in part, is or will be able to be exempted from military service in Norway, should not for service in uttas an international operation.
The personnel is obliged to fill in the personal statement about health and to undergo the necessary medical examinations, checks and tests (including HIV-/AIDS-testing and routine urine and blood tests) to the evaluation of service excellence and other prerequisites for the service or to verify the ban on the use of alcohol, drugs or doping agents. The expenses of such mandatory surveys, controls and tests covered by the armed forces.
The personnel is obliged to let themselves be vaccinated or submit other preventive precautions against infectious disease after further provisions set forth by the Chief of Defense. The expenses of such mandatory measures covered by the armed forces.

section 6. Language requirements the personnel should master the English written and spoken. The Defense Chief can fix that for participation in a specific international operation or for specific service positions required that personnel first crawls and consists one or more language tests.

section 7. Formal proof of expertise etc. The personnel is obliged to inform about the status of certificates, licenses, authorizations or other expertise required proof for the appropriate service position, and if any of these permanent or temporary is or may be withdrawn.
The serving duties without delay to provide service if the message the appears to be obvious that the person is placed in a service position without fulfilling the formal requirements that are provided for the service position.

section 8. Requirements for security clearance and good record assignments in an international operation is subject to the valid security clearance in accordance with the then-current claims about this for the relevant service positions.
Assignments in an international operation is conditional on good military and civilian record. Personnel must not be charged, prosecuted or convicted (including imposed maker or given a waiver) for conditions that have a penalties frame in jail for two years or more. In exceptional cases, the armed forces can fix other affirmation requirements.
The personnel is obliged to disclose all matters of importance to vandelen, including the type judgments, procedures, prosecution omissions and refselser. Personnel with the disposal obligation is obliged to notify the suspensive Department if they are under prosecution.

§ 9. The qualification requirements for the personnel who are not Norwegian nationals the Ministry of defence, or the Ministry authorizes determines which eligibility requirements that will apply to personnel who are subject to the Act section 14 the second paragraph.

§ 10. Supplementary provisions the Defense Chief gives supplementary provisions on withdrawal criteria, application procedures and withdrawal procedures.

Chapter III. The making of the contract about consent to the Ministry section 11. Contract form and the competence to enter into contract on the military's behalf the Defense Department determines the form of the contract referred to in section 12.
The contracts will contain the written briefing on the probation provisions that apply.
The Chief of Defense or he can enter into the authoring contract on the military's behalf according to law § 12.

Chapter IV. The disposal of service and Ministry etc. Preparatory

§ 12. Disposal authority, the Defense Chief be given the authority to outline the personnel after the law section 11 and section 12.

section 13. The armed forces ' information obligation before the personnel with the statutory duty to outline the availability plan, the armed forces have given adequate information about the commitments that the individual has and whether other general service conditions that are of importance to participation in international operations. Similar information should be given to which personnel law section 12 before the contract is entered into. If it does not cause significant economic costs for the armed forces, should such information be given both written and oral, and in all cases if the volunteers requires it. The armed forces shall ensure that personnel who draws the contract cf.. the law § 12 get reasonable consideration from the information given to the contract signed.
The Ministry of defence can provide provisions on the duty of information in more detail.

section 14. Notification of the availability of deadlines disposal service in an international operation should normally be arrived at the personnel at least four weeks before the meeting to take place in Norway. Going on underretningen by public announcement, the deadline begins to run from the day the first time underretningen were announced.
The Defense Chief can fix other availability limits and contingency requirements, including that it should not be requirements about notification time, for those who are serving in or are at the disposal of Norwegian land, air or sea warfare departments/units that are enrolled to international strength records, as well as in other particular cases.

section 15. Meet duty etc. The outlined duties to meet such measures that the meeting can take place according to the availability.

If the outlined of compelling reasons cannot meet as provided, the person concerned to report immediately the duties of this to ' written authority. Information given about the cause of that attendance can not take place, is required, for example, documented the medical certificate. In those cases where the outlined cannot meet because of medical reasons, duties he or she to be fabricated for the military medical doctor, if the person is the transport competent.

section 16. Preparatory Service Personnel that is in the possession to serve in an international operation, is obliged to carry out the necessary preparatory training and practice in Norway or abroad.

§ 17. Availability the availability to fit periods the periods the service's art and content from health pages, the situation in the area of operation, and other conditions that may be of importance.
At the disposal of the personnel to the international operations it should be emphasized that the skills and load such a service guarantees are distributed in the armed forces. It should be a reasonable balance between serving in international operations and assignments in Norway, so that the load will not be unreasonable for the individual.
The defense will strive to provide the personnel with respect to predictability serving in international operations, both in terms of issue and duration.
The period of continuous service in an international operation should normally not exceed six months. For less demanding operations and staff and the observer service, the maximum period is set to 12 months ' continuous service.
Preparatory service should normally not exceed three months.
By service periods of over three months to it from the time of returning home after the Ministry, normally go for a period of time of at least twice the amount of the latest availability period before the new disposal can take place. By more frequent assignments within clearly distinct periods, given the personnel corresponding longer period before the new disposal can take place.
Personnel on the contract cf.. the Act section 12 can depart from the rules in the fourth and sixth paragraph, but so that the maximum service period by contracts in three years or more, do not constitute more than 2/3 of the contract period.
The Defense Chief can decide that the service term and the preparatory service should be of longer duration and more frequent in particular cases.
The on-duty personnel Heights ' if the Norwegian Government decides to withdraw all or part of the force home before the expected repatriation point and/or it is no longer a need for personnel.

§ 18. The status of the civilian personnel civilian personnel to serve in service positions that would imply that they were considered to take direct part in hostilities if Norway were to be regarded as party to the armed conflict, shall be given the status of combatants, ikles uniform, military degree and can bevæpnes.
The Defense Chief is responsible for that in connection with the operations undertaken a legal assessment of which service positions that can be held by civilians, and which, if any, to be granted civil status as combatants.

Chapter v. § 19 Exemption arrangement. Exemption because of the weighty health, velferdsmessige or social reasons the exemption from the disposal will be granted if the applicant for exemption will make a) that the applicant's health condition is of such a nature that service in an international operation will involve a disproportionate burden for the person in question, b) that due to personal matters relating to the applicant or his or her immediate family will be unreasonable to dispose them to service in an international operation , c) that it because of previous allocations overseas will involve an extraordinary burden for the person concerned to receive the disposal to an international operation, or d) that there are other weighty circumstances that indicate the exemption from service duty.

An exemption can be granted for a specific period of time. Granted an exemption to gain immediate effect from the time of the decision.

section 20. Exemption under the Ministry if the waivers are given while the person serving in an international operation, should he or she be sent home as soon as this is practicable and under consideration stubbornly to operational conditions and remaining personells security.

§ 21. Application processing, etc. Application for exemption from the duty of service availability will be sent your way to disposal authority, which decides the application. For personnel who are serving at a Department set up for international operations, the application for relief to chief operating unit in the armed forces, which determine the application.
The decision can be appealed to the armed forces. Administrative law chapter IV until we get to the application.

§ 22. Complementary provisions closer to the provisions on exemption reasons and on the treatment of applications for exemption can be granted by the Chief of Defense.

Chapter VI. Duties related to assignments section 23. Under Norwegian jurisdiction assignments abroad are all Norwegian personnel subject to the Norwegian civil and disiplinærjurisdiksjon, unless otherwise provided by international law or agreement with a foreign State or international organization.

section 24. The duty to take over other service position under the tjenestegjøringen The serving can temporarily rearranged to other service position that he or she can cover or trained for, when this is justified in operational and tjenestelige needs, regardless of the military branch the person belongs to or what service position he or she has applied for or has been envisaged.

§ 25. The obligation to undergo medical examinations, message about contagious disease, etc., section 5 fourth and fifth paragraph also applies under the tjenestegjøringen and immediately after returning home from serving in an international operation.
The military doctors and health personnel have in the same way as civilian personnel the duty of message about contagious disease after regulations 20. June 2003 No. MSI 740-regulation.

§ 26. Compliance with international obligations as Norwegian military forces is set under international or foreign command, have the same obligations as the forces under Norwegian command to obey the rules and principles of international law that Norway is bound by.

§ 27. Special duties during service abroad During assignments in international operations the following applies: a) that the serving duties to avoid actions that could be perceived as unfortunate for the strength or Norway. If the serving will be familiar with the actions, folkerettsstridige etc.. duties that person to report on this to the national parent.

b) that the serving during and after the service is not to provide information to outside on matters that he or she has been acquainted with during the service and which may damage the interests of an international organization, participating nation or the host country.

The Defense Department can determine other special duties for Norwegian personnel abroad, including that the Norwegian provisions on prohibition of storage and use, etc. of alcohol, drugs and doping agents, as well as on the importation and the exit point of goods, are given the corresponding application for the on-duty to the extent the Norwegian provisions are stricter than living the country's laws and regulations.

Chapter VII. Social conditions etc. during and after the Ministry section 28. Insurance schemes the Defense duties to have clear and predictable insurance schemes for personnel serving in an international operation. The defense is going to give staff adequate information about the content of the insurance arrangements cf. section 13.

section 29. Housing conditions the defense cannot terminate the lease contract entered into limited/boavtale or order the tenant to vacate the military housing or quarters while the renter serving in an international operation, even if the leash/boavtalen expires under tjenestegjøringsperioden. Exceptions can be made if this does not cause much inconvenience for the personnel or their family.
If the lease not be extended, given the three-month on-duty deadline to vacate the dwelling, starting from the time of return to Norway after completing assignments in an international operation.
At the disposal of the service in an international operation to that person as soon as possible contact with the authority which manages the leash/boavtalen.

section 30. Contact joints and follow-up of family and relatives during the tjenestegjøringen duties the military to create contact joints as the tjenestegjørendes immediate family can turn to for support and information.
When needed to activate resources to the armed forces further supporting the contact link or for information coverage or measures beyond the contact skills or capacity and abilities.
Further provisions about the contact organization and tasks and abilities provided by the armed forces.
The armed forces are going to create routines for hjemmestøtteordninger, where the personnel are in need of this.

section 31. Medical follow-up after returning home to Norway Defense has responsibility for personnel with physical or psychological damage as a result of serving in international operations receive the necessary follow-up in the civilian health care system after returning home to Norway. This responsibility includes among other things, to view the personnel in the civilian health care system, and to assist the competent person and the civilian health care system in areas where the armed forces possess special expertise. The responsibility for the medical oppfølgningen applies regardless of whether the personnel still have a tilsettings relationship with the armed forces.

section 32. Work environment Defence duties to organize, equip and staff the force contributions, units and departments in a way that does not make the load on personnel disproportionate, the situation in the operating area.

Chapter VIII. Repatriation section 33. The basis for repatriation The serving home can end if a)

the person in question of health, disciplinary or other reasons deemed unfit or unworthy for further assignments, b) safety concerns dictate that the person in question is no longer should reside in the mission area.

section 34. Decision-making authority decision on repatriation under section 33 get hit by the Commander of the Norwegian force in an international operation. This provision does not affect the Access Manager for a multinational force has to also make a decision about such repatriation. In special cases, the Defense Chief meet decisions about repatriation.

section 35. The processing rules Before repatriation carried out, it should be made known on-duty with the basis for repatriation to a sufficient degree to be able to appeal against the decision and given the opportunity to make a statement. He or she has at all stages of the proceedings the right to let them assist of another person of their choice in accordance with the administrative law section 12.
The head of the Norwegian force shall ensure that the case is so well lit as possible before the repatriation is conducted.

section 36. Complaint The who believe themselves unlawfully repatriated, the complaint in the Advisory Appeals in repatriation Affairs (repatriation Committee), regardless of who actually or formally has taken the initiative to or hit decision about repatriation.
The hjemsendte will be before or immediately after the return is made familiar with the right to appeal under the provisions of this chapter and of the appeal deadline, as well as about the possibility of bringing the case in for Ombudsman for the armed forces.
Complaint be filed in writing to the authority of the kontraktsforvaltende disponerende/unit no later than three weeks after the return to Norway. The rules on the oversittelse of the complaint deadline in the administrative law section 31 applies. Disponerende Authority/Ministry of defence kontraktsforvaltende device and inform the Defense Chief immediately after the complaint exists, and send the complaint with the device's endorsements as soon as possible to the repatriation Committee.

section 37. Repatriation the Committee's composition and function repatriation Committee do not have independent decision-making authority, but give advice on what should be the result of complaints that be submitted to the Tribunal.
The Committee shall be composed of three persons appointed by the Ministry of defence for two years at a time. The leader should be a lawyer not connected to the defense or the Defense Ministry. The remaining members shall represent, respectively, the employer (the armed forces) and a representative nominated by the unions.
The Committee should normally take function within two weeks after a complaint is made.
The Committee has the right to obtain access to the documents, and can otherwise obtain the information that is considered necessary.
If the Committee on general basis find that repatriation practice should be taken up with the international organization which is responsible for the implementation of a specific international operation, it gives advice on this to the Defense Ministry.
At the end of each year working out the Committee a report on the Committee's activities during the year. The annual report is sent the Ministry of defence and the armed forces.
The Ministry of defence can give further provisions on the administration of the Committee and of the Committee's business.

section 38. Complaint processing shall be given access to the Complainant to explain himself orally to the Committee.
Repatriation the Committee to make an overall assessment of the repatriation. It should especially be added weight on the rules and regulations set forth by international organizations for the current international operation, as well as about the hjemsendte has infringed laws, regulations, instructions or similar established by the Norwegian authorities. Proceedings shall be considered in the light of the practice and general rules about the proper case management.
The Tribunal shall suspend the processing of a complaint if the hjemsendte has been imposed disciplinary chastisement and refselsen is appealed, or prosecution is initiated against the person concerned, if this decision will have a bearing on the Committee's treatment of the complaint.
Complaint processing for the Tribunal does not preclude that the armed forces initiates termination-or going-away suit against the hjemsendte.
The Committee provides advice to the Chief of Defense of the complaint should be taken to follow or not. If the Committee finds that the case is not proper treated, it gives advice on what should be done to correct this. It can among other things be given advice that the hjemsendte be given financial compensation, limited to that he or she would have earned in salary with the addition if the repatriation had not taken place, and/or that the hjemsendte is declared fit for future international operations.
If the Defense Chief in whole or in part, do not find to follow it or the advice that repatriation Committee gives, it can appeal the hjemsendte the case for the Defense Ministry. The provisions of § 36, third paragraph, applies so far they fit. The Defense Ministry's decision is final.
The rules of administrative law section 36 apply.

Chapter IX. Administrative provisions § 39. Management of contracts, etc. The Chief of Defense determines which authorities in the armed forces to manage signed contracts jf. section 11, receive applications for the service and keep track of currently serving.

section 40. Collective agreements workers who do service abroad will not initially be covered by collective agreements in the State, because the scope of the collective agreement is limited to Norway, unless otherwise expressly stated in the individual collective agreements. The reason that it can be entered into their own collective special deals for this type of service.
Hovedtariffavtalens common provisions section 13 to section 17 is founded on working environment Act Cap. X, and will in accordance with the law section 13 does not apply under the service abroad.

Chapter X. Entry into force and transitional arrangements in section 41. Entry into force these regulations shall enter into force 1. January 2005.

§ 42. Transitional arrangements For personnel who have signed a contract of service in international operations before the law and the entry into force of this regulation, the terms of the signed contracts for tjenestegjøringen only to the extent they give better rights or protection than current law and regulations. The contract may not restrict access to dispose personnel with authorization in law.