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NATO Sofa Supplementary Agreement

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TABLE OF CONTENTS

Agreement of 3 August 1959, as Amended by the Agreements of 21 October 1971, 18 May 1981, and 18 March 1993, to Supplement the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces with respect to Foreign Forces stationed in the Federal Republic of Germany (Revised Supplementary Agreement) (effective 29 March 1998).

NOTE: Titles are not part of the Agreement

Article 1, Introductory Provision
Article 2, Definitions
Article 3, Co-operation and Liaison
Article 4, Exercise of Rights and Fulfillment of Obligations
Article 5, Identification and Visas
Article 6, Registration and Aliens Control
Article 7, Residence and Settlement
Article 8, Expulsions and Removal
Article 9, Driving Licenses
Article 10, Registration and Licensing of Vehicles, Vessels, and Aircraft
Article 11, Third Party Liability Insurance of Private Motor Vehicles, Trailers and Aircraft
Article 12, Bearing of Arms
Article 13, Social Security and Welfare
Article 14, Certificates of Eligibility to Marry
Article 15, Reports and Registration of Births and
Article 16, Deaths and Burials
Article 17, Offences Punishable under the Law of a sending State under German Law
Article 18, Official Duty
Article 18A, Cases Involving Capital Punishment
Article 19, Waiver of Jurisdiction
Article 20, Provisional Arrest
Article 21, Notification of Arrest
Article 22, Custody of Members of a Force or of a Civilian Component and Dependents
Article 23, Rights of Access
Article 24, Mutual Assistance during Pre-Trial Proceedings
Article 25, Right of a National Representative to Attend Criminal Proceedings
Article 26, Place of Trial
(Article 27), Deleted
Article 28, Military Police
Article 29, Protection of the Forces against Criminal Offences
Article 30, Mixed Commissions
Article 31, Free Judicial Assistance and Exemption from the Obligation to Post Security for Costs
Article 32, Service (Liaison Agency)
Article 33, Attendance at Proceedings
Article 34, Enforcement of Judgments, Decision, and Orders
Article 35, Attachment
Article 36, Service(by German Courts and Authorities)
Article 37, Appearance before Courts or Authorities
Article 38, Disclosure of Information
Article 39, Witnesses and Experts
Article 40, Inviolability of Documents and Property
Article 41, Damage Claims
(Article 42), Deleted
Article 43, Surveys and Meteorology
Article 44, Settlement of Disputes
Article 45, Maneuvers and Other Training Exercises
Article 46, Air Maneuvers and Other Air Exercises
Article 47, Procurement of Goods and Services
Article 48, Accommodation
Article 49, Construction
Article 50, Transfer of Fixtures within the Federal Territory
Article 51, Property Procured with Occupation or Support Cost Funds
Article 52, Residual Value
Article 53, Rights Respecting Installations
Article 53A, Special Permits and Licenses in Connection with Use of Installations
Article 54, Health and Sanitation
Article 54A, Environmental Protection
Article 54B, Fuels, Lubricants and Additives
Article 55, Defensive Works and Measures
Article 56 , Labor
Article 57, Movement
Article 58, Transportation
Article 59, Forces Postal Services
Article 60, Telecommunications
Article 61, Prices
Article 62, Requisitioning Procedures
Article 63, Services Rendered Free of Charge to a Force or a Civilian Component
Article 64, Services Rendered Free of Charge to Members of a Force or of a Civilian Component
Article 65, Customs Treatment of a Force or of a Civilian Component
Article 66, Customs Treatment of Members of a Force and of a Civilian Component and of Dependents
Article 67, Tax Treatment of a Force and of a Civilian Component
Article 68, Tax Treatment of Members of a Force and of a Civilian Component and of Dependents
Article 69, Currency and Foreign Exchange
Article 70, Banking
Article 71, Treatment of Non-German Non-Commercial Organizations
Article 72, Treatment of Non-German Commercial Enterprises
Article 73, Treatment of Technical Experts
Article 74, Prevention of Abuses
Article 75, Offences Committed Prior to the Entry into Force of the Supplementary Agreement
(Article 76), Deleted
(Article 77), Deleted
Article 78, Mixed Commissions under Article 44, paragraph 8 of the Forces Convention
Article 79, Tax Relief in Respect of Certain Payments
Article 80, Hostilities
Article 80A, Resolution of Disputes
Article 81, Duration of the Supplementary Agreement
Article 82 , Review of the Supplementary Agreement
Article 83, Ratification and Entry into Force


Revised Supplementary Agreement (RSA)
To Amend the Agreement of 3 August 1959,
as Amended by the Agreements of
21 October 1971 and 18 May 1981,
to Supplement the Agreement
between the Parties to the North Atlantic Treaty
regarding the Status of their Forces
with respect to Foreign forces
stationed in the
Federal Republic of Germany

THE KINGDOM OF BELGIUM,
CANADA,
THE FRENCH REPUBLIC,
THE FEDERAL REPUBLIC OF GERMANY,
THE KINGDOM OF THE NETHERLANDS,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, and
THE UNITED STATES OF AMERICA.

    CONSIDERING that subparagraph (b) Paragraph 1 of Article 8 of the Convention on Relations between the Three Powers and the Federal Republic of Germany as amended by Schedule 1 to the Protocol on the Termination of the Occupation Regime in the Federal Republic of Germany, signed at Paris on 23 October 1954, provides for the negotiation of new arrangements setting forth the rights and obligations of the forces of the Three Powers and other States having forces in the territory of the Federal Republic of Germany;

    CONSIDERING that, pursuant to that provision, the new arrangements shall be based on the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces, signed at London on 19 June 1951, supplemented by such provisions as are necessary in view of the special conditions existing in regard to the forces stationed in the Federal Republic of Germany;

    CONSIDERING that the North Atlantic Council has decided to approve, in accordance with paragraph 3 of Article XVIII of the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces, the accession to that Agreement of the Federal Republic of Germany, provided that such accession shall become effective only after all the States Parties to the new arrangements have ratified or approved them;

    CONSIDERING that the second paragraph of the Preamble to the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces also provides for separate arrangements supplementary to that Agreement;

    CONSIDERING that, pursuant to the Agreement signed at Bonn on 3rd August 1959, by the Powers signatory to the Protocol on the Termination of the Occupation Regime in the Federal Republic of Germany, signed at Paris on 23 October 1954, the Convention on the Rights and Obligations of Foreign Forces and their Members in the Federal Republic of Germany, the Finance Convention, and the Agreement on the Tax Treatment of the Forces and their Members, as amended by that Protocol, shall cease to be effective upon the entry into force of the new arrangements;

    DESIRING thereby to continue consolidating the North Atlantic Community;

HAVE AGREED AS FOLLOWS:

Article 1

The Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces, signed at London on 19 June 1951 (hereinafter referred to as the "NATO Status of Forces Agreement"), shall, as regards the rights and obligations of the forces of the Kingdom of Belgium, Canada, the French Republic, the Kingdom of the Netherlands, the United Kingdom of Great Britain and Northern Ireland and the United States of America in the territory of the Federal Republic of Germany (hereinafter referred to as "the Federal Republic"), be supplemented by the provisions of the present Supplementary Agreement.

Revised Protocol of Signature
to the
Supplementary Agreement
(RPOS)

Upon the signature of the Agreement to supplement the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces with respect to Foreign Forces stationed in the Federal Republic of Germany (hereinafter referred to as the "Supplementary Agreement") the undersigned representatives of

THE KINGDOM OF BELGIUM,
CANADA,
THE FRENCH REPUBLIC,
THE FEDERAL REPUBLIC OF GERMANY,
THE KINGDOM OF THE NETHERLANDS,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, and
THE UNITED STATES OF AMERICA,

acknowledge that the following Minutes and Declarations have been agreed:

PART II

Agreed Minutes and Declarations concerning the Supplementary Agreement

Re Article 1

    In the event of the Supplementary Agreement entering into force before the expiry of the transitional period provided for in paragraph 2 of Article 1 and in Article 3 of the Treaty between the French Republic and the Federal Republic of Germany on the Settlement of the Saar Question, dated 27 October 1956, the provisions of the Supplementary Agreement affecting matters which pursuant to Chapter II of that Treaty are not subject to German jurisdiction shall not be applicable in the Saar before the expiry of that period.

Article 2

1. Unless otherwise specified, in the present Agreement the term

(a) "a German" shall mean a German within the meaning of German law;

(b) "Protocol of Signature" shall mean the Protocol of Signature to the present Agreement;

(c) "Forces Convention" shall mean the Convention on the Rights and Obligations of Foreign Forces and their Members in the Federal Republic of Germany, as amended by Schedule II to the Protocol on the Termination of the Occupation Regime in the Federal Republic of Germany, signed at Paris on 23 October 1954;

(d) "Federal Requisitioning Law" shall mean the Federal Requisitioning Law (Bundesleistungsgesetz) of 19 October 1956 (Bundesgesetzblatt 1956 Teil I, page 815);

(e) "Restricted Areas Law" shall mean the Law concerning Restrictions on Real Property for Purposes of Military Defense (Gesetz über die Beschränkung von Grundeigentum für die militärische Verteidigung - Schutzbereichgesetz) of 7 December 1956 (Bundesgesetzblatt 1956 Teil I, page 899);

(f) "Land Procurement Law" shall mean the Law concerning the Procurement of Land for Purposes of Defense (Gesetz über die Landbeschaffung für Aufgaben der Verteidigung -- Landbeschaffungsgesetz) of 23 February 1957 (Bundesgesetzblatt 1957 Teil I, page 134);

(g) "Air Traffic Law" shall mean the Air Traffic Law (Luftverkehrsgesetz) in the version of the Notification (Bekanntmachung) of 10 January 1959 (Bundesgesetzblatt 1959 Teil I, page 9).

2.(a) A close relative of a member of a force or of a civilian component not falling within the definition contained in subparagraph (c) of paragraph 1 of Article I of the NATO Status of Forces Agreement who is financially or for reasons of health dependent on, and is supported by, such member, who shares the quarters occupied by such member and who is present in the Federal territory with the consent of the authorities of the force shall be considered to be, and treated as, a dependent within the meaning of that provision.

(b) Should a member of a force or of a civilian component die or leave the Federal territory on transfer, the dependents of such member, including close relatives referred to in subparagraph (a) of this paragraph, shall be considered to be, and treated as, dependents within the meaning of subparagraph (c) of paragraph 1 of Article I of the NATO Status of Forces Agreement for a period of ninety days after such death or transfer if such dependents are present in the Federal territory.

Re Article 2

    The authorities of the forces shall limit as far as possible the number of close relatives, within the meaning of subparagraph (a) of paragraph 2 of Article 2, to be admitted to the Federal territory.

Article 3

1. In accordance with the obligations imposed by the North Atlantic Treaty upon the contracting parties thereto to render mutual assistance, the German authorities and the authorities of the forces shall cooperate closely to ensure the implementation of the NATO Status of Forces Agreement and of the present Agreement.

2. The cooperation provided for in paragraph 1 of this Article shall extend in particular

(a) to the furtherance and safeguarding of the security, as well as to the protection of the property, of the Federal Republic, of the sending States and of the forces, and especially to the collection, exchange and protection of all information which is of significance for these purposes;

(b) to the furtherance and safeguarding of the security, as well as to the protection of the property, of Germans, of members of the forces and members of the civilian components and dependents, as well as of nationals of the sending States who do not belong to these categories of persons.

3.(a) German authorities and the authorities of a Force shall, by taking appropriate measures, ensure close and reciprocal liaison within the scope of the cooperation provided for in paragraphs 1 and 2 of this Article. Personal data shall be passed on solely for the purposes envisaged in the NATO Status of Forces Agreement and in the present Agreement. Restrictions in possible applications based on the legislation of the Contracting Party supplying the information shall be observed.

(b) This paragraph shall not impose an obligation on a Contracting Party to carry out measures which would contravene its laws or conflict with its predominant interests with regard to the protection of the security of the State or of public safety.

4. The German authorities and the authorities of a sending State shall take all the administrative measures necessary for the implementation of the NATO Status of Forces Agreement and of the present Agreement, and, where necessary, shall conclude administrative or other agreements to that end.

5.(a) In the implementation of provisions in the field of support contained in the NATO Status of Forces Agreement and in the present Agreement, the German authorities shall accord to a force and to a civilian component such treatment as is necessary for the satisfactory fulfilment of their defense responsibilities.

(b) In asserting the rights accorded to them under the provisions referred to in subparagraph (a) of this paragraph, the authorities of a force and of a civilian component shall, with a view to reasonable reconciliation of their requirements and those of the Federal Republic, take into due account German public and private interests.

6. The German authorities and the authorities of a force shall agree on frontier crossing points at which liaison officials of the sending State are to be stationed. These officials shall assist the German authorities in their control functions in order to ensure the speedy and unobstructed passage of the force, the civilian component, their members and dependents, and their accompanying baggage, and of consignments of goods and materials shipped by the force or on its behalf or for its account for the use of the force or of the civilian component, their members and dependents.

Article 4

1. The exercise of rights and the fulfilment of obligations which a sending State derives from the NATO Status of Forces Agreement and the present Agreement may, with the consent of the Federal Government, be effected by other sending States in accordance with administrative agreements to be concluded between the sending States concerned.

2. Until the entry into force of the administrative agreements referred to in paragraph 1 of this Article, the agreements between the sending States concerned governing the exercise of rights and the fulfilment of obligations at the time of the entry into force of the present Agreement shall remain applicable in the fields to which they relate, unless the sending State concerned notifies the other sending State concerned and the Federal Republic of its intention no longer to apply the latter agreements.

Re Article 4

In the application of Article 4 the German authorities shall deal only with the authorities of that sending State which exercises the rights and fulfils the obligations concerned.

Article 5

1. The following provisions shall apply with respect to identification within the Federal territory:

(a) Members of a force shall not be required to have movement orders.

(b) Uniformed members of a force moving in units under military command need not give proof of their identity. In exceptional cases where it is necessary to establish immediately the identity of a unit, the commander of the unit shall, upon request of the German authorities, produce his personal identity card.

(c) Members of a civilian component and dependents who do not carry with them a passport or a document acknowledged as equivalent under German law shall give proof of their identity by means of an identity document issued by the authorities of the sending State, showing name, date of birth and photograph of the holder, a serial number or the name of the issuing authority and the capacity in which the holder is present in the Federal territory.

(d) In exceptional cases where a member of a force or of a civilian component or a dependent is not in possession of the documents provided for in Article III of the NATO Status of Forces Agreement or in this Article, the German authorities shall accept temporary certification by the authorities of the force that the person concerned is a member of the force or of the civilian component or a dependent. The authorities of the force shall, as soon as possible, replace such certification by the documents provided for in Article III of the NATO Status of Forces Agreement or in this Article and shall so inform the German authorities.

2. The following provisions shall apply with respect to frontier crossings:

(a) Individual or collective movement orders shall normally contain in German the data referred to in subparagraph (b) of paragraph 2 of Article III of the NATO Status of Forces Agreement. Movement orders which in exceptional cases do not contain such data in German shall nevertheless be recognized as valid by the German authorities. Movement orders shall be issued for a single entry or exit, or for both, or shall be valid for a limited period. The authorities of a force may extend the period of validity of a movement order. An appropriate entry on the personal identity card showing date of expiration may take the place of an individual movement order.

(b) A unit crossing the frontier under military command on a collective movement order shall be identified by its commander who shall present his personal identity card and the collective movement order. In exceptional cases where the German authorities consider it necessary to verify the identity of certain members of a unit, for special reasons which shall be given by the German frontier control officials to the commander of the unit, the latter shall present the personal identity cards of those members. Such verification shall not unduly delay the unit.

(c) Control of identity documents on entry and exit via military airfields of a force shall in principle be the same as frontier control of surface frontier crossings. However, in the case of the entry and exit via military airfields of members of a force, of a civilian component or dependents, the German authorities shall confine themselves to occasional checks, carried out after consultation with the authorities of the airfield concerned; regular identity controls over such persons shall be carried out by the authorities of the force. The control of identity documents of persons in categories other than those mentioned in the second sentence of this subparagraph who enter or leave the Federal territory via military airfields of a force shall be carried out by the German authorities, who shall be notified of the arrival of such persons by the authorities of the force. Such control shall take place on entering or leaving the airfield.

Re Article 5

The provisions of subparagraph (a) of paragraph 1 of Article 5 shall not apply to entry into, or exit from, the Federal territory.

Article 6

1. Members of a force, of a civilian component and dependents shall be exempt from German regulations in the field of registration of residence (Meldewesen) and aliens control (Ausländerpolizei), except with respect to registration in hotels and similar establishments (Beherbergungsstätten).

2. The authorities of a force shall keep up-to-date records of all members of the civilian component and of all dependents. At the request of the German authorities, the reasons for which shall be explained, the authorities of the force shall, in individual cases, supply the information required under the regulations referred to in paragraph 1 of this Article.

3. At the request of the German authorities, the authorities of the force shall inform them of the number of members of the civilian component and of dependents.

Article 7

In applying international agreements or other provisions in force in the Federal territory concerning residence (Aufenthalt) and settlement (Niederlassung), insofar as they relate to repatriation, to expulsion, to the extension of residence permits or to gainful occupation, periods of time spent in the Federal territory by any person as a member of a force or of a civilian component or as a dependent shall be disregarded.

Re Article 7

In the application of the German regulations on compulsory military service, periods of time spent in the Federal territory as a member of a force, of a civilian component or as a dependent shall be disregarded.

Article 8

1. When a competent German authority intends to take one of the measures within the competence of the receiving State and set forth in the first sentence of paragraph 5 of Article III of the NATO Status of Forces Agreement, the authority concerned shall communicate this intention to the competent authority of the sending State concerned, stating the reasons invoked in support of the intended measure, and shall afford that authority the possibility of making known its opinion or of itself taking such measures as it might deem fitting within a reasonable period of time. The German authorities shall give sympathetic consideration to any position which might be adopted by the sending State and to any measures which may have been taken by the authorities of that State.

2. Notification of intent to take one of the measures provided for in paragraph 5 of Article III of the NATO Status of Forces Agreement shall be given by the Minister of the Interior of the Land concerned, or, in the cases of Hamburg and Bremen, by the Senator for Internal Affairs.

3. Requests for removal shall be made and expulsion orders shall be issued only if the competent German authority considers that the continued presence in the Federal territory of the person in question actually endangers public order or public security at the time when the request is made or the order is issued.

Re Article 8

1. Expulsion may be carried out only in accordance with the provisions of the German legislation on police control of aliens (Ausländerpolizeirecht).

2. The extent to which provisions of the German Police Ordinance on Aliens (Ausländerpolizeiverordnung) of 22 August 1938, at present in force, have become obsolete, is indicated by the following explanations:

(a) The following terms shall, where they occur in the text of the Ordinance, be replaced as follows:

(i) "Reich territory" by "Federal territory";

(ii) "Reich" by "Federation";

"Reich frontier" by "Federal frontier";

(iv) "District Police Administration" (Kreispolizeiverwaltung) by the appropriate "City or District Administrations" (Stadtkreisverwaltungen) established by Land laws insofar as they have taken over the functions of the District Police Administration;

"Reichsmark" by "Deutsche Mark";

(vi) "Reich Minister of the Interior" by "Federal Minister of the Interior."

(b) Re Section 5, paragraph 1, subparagraph (a):

The term "people's community" (Volksgemeinschaft) is deemed to have been deleted by virtue of Article II of Control Council Law No. 1, which reads as follows:

"No German enactment, however or whenever enacted, shall be applied judicially or administratively in any instance where such application would cause injustice or inequality, either

(a) by favouring any person because of his connection with the National Socialist German Labour Party, its formations, affiliated associations, or supervised organizations, or

(b) by discriminating against any person by reason of his race, nationality, religious beliefs, or opposition to the National Socialist German Labour Party or its doctrines."

(c) Re Section 5, paragraph 1, subparagraph (c):

The legal basis for carrying out castration (Section 42a, item 5, and Section 42k of the Criminal Code) has been eliminated by Article I of Control Council Law No. 11. Moreover, castration is not permissible under the first sentence of paragraph 2 of Article 2 of the Basic Law, which reads as follows:

"Everyone has the right to life and to inviolability of his person."

(d) Re Section 5, paragraph 1, subparagraph (g):

The term "race" is deemed to have been deleted by virtue of Article II of Control Council Law No. 1 (see subparagraph (b)) and of paragraph 3 of Article 3 of the Basic Law, which reads as follows:

"No one may be prejudiced or favoured because of his sex, his parentage, his race, his language, his homeland and origin, his faith or his religious and political opinions."

(e) Re Section 5, paragraph 1, subparagraph (h):

The term "gipsy" is deemed to have been deleted by virtue of Article II of Control Council Law No. 1 (see subparagraph (b)) and by paragraph 3 of Article 3 of the Basic Law (see subparagraph (d)).

(f) Re Section 7, paragraph 1, subparagraph (c):

Under the second sentence of paragraph 2 of Article 16 of the Basic Law, persons persecuted for political reasons shall enjoy the right of asylum. Such right is not affected by paragraph 1 of Section 7 of the Police Ordinance on Aliens. The same applies to foreign refugees within the meaning of the Agreement on the Legal Status of Refugees of 28 July 1951 (Bundesgesetzblatt 1953 Teil II, page 559).

(g) Re Section 7, paragraph 4 and paragraph 5, sentence 2:

Both German nationals and aliens may be detained only if the following provisions of paragraphs 2 and 4 of Article 104 of the Basic Law are observed:

2. Only judges may decide on the admissibility or extension of a deprivation of liberty. Where such deprivation is not based on the order of a judge, a judicial decision must be obtained without delay. The policy may hold no one on their own authority in their own custody longer than the end of the day after the arrest. Details shall be regulated by legislation.

4. A relation of the person detained or a person enjoying his confidence must be notified without delay of any judicial decision ordering or extending a deprivation of liberty."

(h) Re Section 7, paragraph 5:

The comments in subparagraphs (f) and (g) apply.

(i) Re Section 9, paragraphs 2 and 4

Detention prior to expulsion likewise is permissible only in accordance with paragraphs 2 and 4 of Article 104 of the Basic Law (see subparagraph (g)).

(j) Re Section 11, paragraph 1, last sentence, paragraph 2, last sentence, and paragraphs 5 and 6:

These provisions are deemed to have been deleted or to have become inapplicable by virtue of paragraph 4 of Article 19 of the Basic Law, which reads as follows:

"Should any person's right be violated by public authority, recourse to the court shall be open to him. If no other court has jurisdiction, recourse shall be to the ordinary courts."

Identical provisions are contained in the administrative court laws of the Länder (e.g., for the Länder of the former British Zone of Occupation, Ordinance No. 165 of British Military Government on Jurisdiction of Administrative Courts in the British Zone -- Verordnungsblatt, British Zone, 1948, page 263).

(k) Re Section 11, paragraph 4:

The effect of this provision has been limited insofar as, pursuant to paragraph 4 of Article 19 of the Basic Law (see subparagraph (j)), recourse may be had to the administrative court against denial of the staying effect of a complaint.

(l) Re Section 14:

The provision has become obsolete by the lapse of time.

(m) Re Section 15, paragraph 1:

In connection with this provision, note should be taken of paragraph 1 of Article 116 of the Basic Law, which provides as follows:

"Unless otherwise provided by law, a German within the meaning of this Basic Law is a person who possesses German nationality or who has been received in the territory of the German Reich, as it existed on 31 December 1937, as a refugee or expellee of German stock (Volkszugehörigkeit) or as the spouse or descendant of such person."

(n) Re Section 17, paragraph 2:

The authority to issue ordinances having the force of law or general administrative regulations has become extinct by virtue of paragraph 3 of Article 129 of the Basic Law.

3. The provisions of German law concerning expulsion, and in particular paragraph 1 of Section 5 of the Police Ordinance on Aliens shall apply only where the reasons for expulsion mentioned therein are not inCompatible with the provisions of the NATO Status of Forces Agreement and of the Supplementary Agreement.

Article 9

1. A license or other permit issued to a member of a force or of a civilian component by an authority of a sending State empowering the holder to operate service vehicles, vessels or aircraft is valid for the operation of such vehicles, vessels or aircraft in the Federal territory. Driving licenses for service vehicles shall also authorize, to the extent that this is permissible under the law of the sending State, the operation of corresponding private vehicles. The authorities of the sending State or of its force shall be empowered on the basis of such driving licenses to issue driving licenses to operate corresponding private vehicles.

2. A driving license issued in a sending State empowering the holder to operate private motor vehicles in that State is valid for the operation of such vehicles in the Federal territory by the holder if the latter is a member of a force or of a civilian component or a dependent. The German regulations relating to the period of validity of such driving license in the Federal territory and to its invalidation by a German administrative authority shall not apply if the holder is in possession of a certificate issued by an authority of the force showing that he is a member of the force or of the civilian component or a dependent and that he possesses adequate knowledge of German traffic regulations. Such certificate shall be provided with a German translation.

3.(a) A member of a force or of a civilian component, or a dependent may, with the approval of the authorities of a force, apply for a German driving license empowering the holder to operate private motor vehicles. Such licenses shall be issued by the competent German authorities in accordance with applicable German regulations.

(b) Driver instruction for persons seeking a license under this paragraph may take place in driving schools operated by the force, provided that the instructors in such schools have professional qualifications in accordance with the regulations of the sending State concerned. Instructors shall possess a certificate issued by the authorities of the force, together with a German translation, allowing them to instruct learner drivers; they shall carry this certificate with them while instructing. Persons who have not been trained as driving instructors may not be engaged in that capacity in a driving school of the force.

(c) The content of written and practical driving tests given to persons seeking a driving license under this paragraph shall be determined by the German authorities after consultation with the authorities of the force. The German authorities shall have the right, after consultation with the authorities of the force, to ensure that the tests are properly administered.

(d) Persons who, on the date the Agreement of 18 March 1993 to amend the present Agreement entered into force, had started driving instruction in accordance with paragraph 3 of Article 9 as in force immediately prior to that date, or who at the conclusion of their training had not taken a driving test, may continue to be instructed and tested in accordance with the former provisions; they may be issued driving licenses in accordance with those provisions.

4. A civil pilot's license issued to a member of a force or of a civilian component or to a dependent by the authorities of a sending State shall authorize the holder to operate private aircraft in the Federal territory if such license is based on the Standards and Recommended Practices of the International Civil Aviation Organization.

5.(a) The authorities of a force shall ensure that the persons operating the service vessels referred to in paragraph 1 of this Article, when navigating in inland waters, possess adequate knowledge of the particular waters to be navigated and of the relevant river police regulations.

(b) Only certificates of qualification issued by the competent German civilian authority on the basis of the regulations applicable in the Federal Republic shall be valid for the operation of non-service inland watercraft of the force. Regulations applicable within the scope of international agreements shall remain unaffected.

6.(a) The authorities of a force shall withdraw driving licenses valid in the Federal territory in accordance with paragraph 1 of this Article or certificates mentioned in paragraph 2 of this Article, if there is reasonable doubt concerning the holder's reliability or fitness to operate a motor vehicle. They shall give sympathetic consideration to requests made by the German authorities for the withdrawal of such driving licenses or certificates. Driving licenses or certificates may be reissued if this is necessary for urgent military reasons or to enable the holders to leave the Federal territory. The authorities of a force shall notify the German authorities of all withdrawals made in accordance with this subparagraph and of all cases where, after such withdrawal, a driving license or certificate has been re-issued.

(b) In cases where German courts exercise jurisdiction in accordance with Article VII of the NATO Status of Forces Agreement and Articles 17, 18 and 19 of the present Agreement, provisions of German criminal law relating to the withdrawal of permission to drive remain applicable with respect to driving licenses referred to in the second sentence of paragraph 1 of this Article, to the extent that they apply to the right to operate private motor vehicles, and to the licenses referred to in the third sentence of paragraph 1 and in paragraph 2 of this Article. Withdrawal of permission to drive shall be recorded in the driving license, which shall remain in the possession of the holder.

(c) Subparagraphs (a) and (b) shall apply mutatis mutandis to the driving licenses issued under paragraph 3 of the version of this Article that was in force until the date the Agreement of 18 March 1993 to amend the present Agreement entered into force.

7.(a) Subparagraph (a) of paragraph 6 of this Article shall apply mutatis mutandis to the pilot's licenses referred to in paragraph 4.

(b) At the request of the German authorities, the authorities of the force shall take such action as may be necessary vis-à-vis holders of the pilot's licenses valid in the Federal territory in accordance with paragraph 1 of this Article who fail to observe air traffic rules.

Article 10

1. The authorities of a force may register and license motor vehicles and trailers of the force or the civilian component, of members of the force or of the civilian component, or of dependents. Subject to the regulations applicable within the scope of international agreements, the same shall apply to vessels of a force. Aircraft of a force or of a civilian component, of members of a force or of a civilian component, or of dependents shall be registered and licensed by the authorities of the sending State in accordance with the applicable international regulations.

1bis. In individual cases, the competent German Authorities may in addition authorize German license plates for specific vehicles. Paragraph 1 of Article 11 of the present Agreement shall remain unaffected. In the cases referred to in the first sentence of paragraph 2 of Article 11, the guarantee provided by the insurer or by the association of insurers must also extend to damage incurred in states or territories which vehicles provided with official German license plates may enter without verification of insurance cover (cases of damage within the meaning of paragraph 2 of Article 2 of Directive 72/166/EEC of 24 April 1972 as amended). A special certificate shall be issued or an entry made in the registration document concerning the right to carry the German license plate. Further details shall be agreed between the German authorities and the authorities of the force.

1ter. The German authorities may require that registration in accordance with paragraphs 1 and 1bis of this Article be notified by the authorities of the force to the competent German authorities for their records. Further details, in particular which registration data will be notified, shall be agreed between the German authorities and the authorities of the force.

1quater. Motor vehicles and trailers registered and licensed in accordance with paragraph 1 of this Article, or used by a force in the Federal territory, shall be subject at regular intervals to a technical inspection. The German authorities may require that German inspectors verify whether stations or workshops of the sending States, which carry out technical inspections of private motor vehicles and trailers, are qualified to conduct such inspections. In addition, they may inspect those vehicles there with respect to their roadworthiness. These provisions are without prejudice to the possibility of having vehicles examined or inspected in German inspection facilities in accordance with German regulations.

2. The authorities of a force shall register and license private motor vehicles and trailers only if such vehicles or trailers are insured against liability in accordance with Article 11 of the present Agreement. They shall withdraw or cancel such registration or license when this insurance is no longer operative.

3. Motor vehicles, trailers, vessels and aircraft registered and licensed in accordance with paragraph 1 of this Article or used by a force in the Federal territory shall bear a distinctive nationality mark, in addition to a registration number or other appropriate identification mark. Identification marks on private motor vehicles and trailers shall be clearly distinct from those used on service vehicles and trailers. The authorities of a force shall inform the German authorities of the identification system used for motor vehicles, trailers and vessels registered and licensed by them. At the request of the German authorities, the reasons for which shall be explained, the authorities of the force shall, in individual cases, supply the names and addresses of persons in whose names private motor vehicles, trailers or aircraft have been registered or licensed in accordance with paragraph 1 of this Article.

4. The registration certificate for a private motor vehicle or trailer shall show the registration number, the name or the trademark of the maker of the vehicle, the maker's identification or serial number, the date of first registration in the Federal territory and the full name of the holder. The certificate shall be provided with a German translation. The registration certificate for private aircraft shall be based on the Standards and Recommended Practices of the Inter- national Civil Aviation Organization. Non-service inland watercraft of a force with a displacement of fifteen tons or over shall carry on board a certificate of serviceability which may be issued by the authorities of the force.

5. The authorities of a force shall take adequate safety measures with respect to motor vehicles, trailers, vessels and aircraft registered and licensed by them or used by the force in the Federal territory.

Article 11

1. Members of a force, of a civilian component and dependents shall use or permit to be used in the Federal territory private motor vehicles, trailers and aircraft only if risks arising out of such use are covered by third-party liability insurance in accordance with German law.

2. Third-party liability insurance of a private motor vehicle, trailer or aircraft to be licensed by the authorities of a force may be effected with any insurance enterprise authorized to carry on the business activity of third-party liability insurance in a sending State, provided that in addition to such enterprise an insurer, or association of insurers, authorized to do business in the Federal territory assumes the third-party liability insurance obligations in respect of damage incurred in the Federal territory. The requirements of German law with respect to any third person suffering injury or damage shall not be affected by the conditions of such insurance.

3. Insofar as foreign exchange regulations exist in the sending States, the latter shall ensure that all payments to be effected by insurers or associations of insurers authorized to do business in their territories can be met in the Federal territory and in the currency of the Federal Republic.

Article 12

1. The authorities of a force may authorize members of the civilian component and other persons employed in the service of the force to possess and carry arms insofar as such persons are responsible for the safeguarding of cash or property or are particularly endangered by the special nature of their official position or activities.

2. The authorities of the force shall issue regulations, which shall conform to the German law on self-defense (Notwehr), on the use of arms by the persons authorized in accordance with paragraph 1 of this Article.

3. Persons authorized in accordance with paragraph 1 of this Article may bear firearms only if in possession of a firearms certificate issued by the authorities of the force. A suitably endorsed duty identity card shall also be considered a firearms certificate.

4. The authorities of the force shall issue firearms certificates only to persons as to whose reliability there is no reasonable doubt. They shall withdraw a firearms certificate at the request of the German authorities or on their own decision if it is established that the holder has misused his firearm or if reasonable doubt arises as to his reliability.

Re Article 12

The expression "German law on self-defense (Notwehr)" in paragraph 2 of Article 12 should be construed in accordance with the following German interpretation of Section 53 of the German Criminal Code:

(a) Section 53 of the German Criminal Code reads as follows:

"No act is punishable if demanded in self-defense.

Self-defense is such defense as is necessary to avert an imminent unlawful attack upon oneself or another.

An act in excess of necessary self-defense is not punishable if the perpetrator exceeded the bounds of defense in consternation, fear or alarm."

(b) In construing Section 53 of the German Criminal Code, legal practice has long followed some well-established principles which may be summarized as follows:

(i) Attack means any act which is aimed at violating the legally protected rights or interests of another person.

(ii) The nature of the protected rights or interests which are threatened by the attack is not material. The objects of an attack include not only life and limb but all legally protected interests, such as liberty, morality, honor, property, possession, or hunting rights.

(iii) The protected interest to be defended need not belong to the person defending it; it may belong to some other person. In the latter case self-defense is termed defense in aid of a third person (Nothilfe).

(iv) An attack which the attacked person is under no obligation to suffer shall be deemed to be an unlawful attack. Thus self-defense is permissible not only against a person guilty of an unlawful act but also against an incompetent, an insane person, a child, or one acting in unavoidable error.

(v) An attack shall be deemed an "imminent" attack if it is immediately impending, or is in progress, or is continuing; an attack threatened in the future or which has been completed is not considered an imminent attack. Whether or not an attack is imminent is determined by the objective facts and not by the subjective belief of the person acting in self-defense.

(vi) An attack shall be deemed to be continuing and therefor imminent until the danger arising from it to the threatened legally protected interest either has completely passed or, conversely, until the attack has resulted in the irretrievable loss of such interest. For instance, if a thief escapes with a stolen article or a poacher with a head of game, self-defense is permissible during hot pursuit and so long as the object in question, insofar as the perpetrator is concerned, has not reached a place of safety.

(vii) The act of self-defense must be necessary to avert an attack. The necessity shall be ascertained from case to case by applying objective standards. In principle, the extent of permissible defense is determined by the severity and persistence of the attack and by the means which are available to the person attacked for his defense.

(viii) A legally protected interest of the attacker shall be deemed to have been infringed upon unnecessarily if the person threatened by the attack is able to evade the attack without abandoning his own interests.

(ix) As a rule, it is not necessary that the value of the legally protected interests of the attacked person should be balanced against the loss which the attacker might sustain (principle of proportionality). But this principle is subject to limitations. The killing of a thief is not a required (necessary) act of defense if the articles which the attacked person risks losing are only of minor value (this principle is controversial).

(x) It suffices that the act of self-defense is required in order to avert an attack against oneself or any other person. It is not necessary that the attack is aimed at a relative within the meaning of paragraph 2 of Section 52 of the German Criminal Code.

(xi) Only insofar as directed against the attacker shall an act of defense be deemed to be an act of self-defense to ward off an unlawful attack. Acts which violate legally protected interests of innocent bystanders cannot be justified on grounds of self-defense. Under certain circumstances the perpetrators of such acts may go unpunished on the ground that the acts were justified by necessity (Notstand).

Article 13

1. Except where expressly provided otherwise, international agreements or other provisions in force in the Federal territory concerning social security, including social and medical assistance, shall not apply to members of a force or of a civilian component or to dependents. However, rights and obligations of such persons in the field of social security which have arisen during previous presence in the Federal territory remain unaffected. Furthermore, the fact that a person belongs to one of the categories referred to in the preceding sentences shall not preclude the possibility of his paying contributions to the German social security (soziale Kranken- und Rentenversicherung) for the purpose of continuing insurance on a voluntary basis (Weiterversicherung) nor the possibility of his acquiring and asserting rights deriving from existing insurance.

2. Nothing in this Article shall affect the obligations of a member of a force or of a civilian component or of a dependent in the capacity of an employer.

Article 14

Where a member of a force, of a civilian component or a dependent is granted exemption from the production of a certificate of eligibility to marry, the fee payable, to be determined in accordance with the scope and difficulties of the administrative work involved, shall not exceed the sum of fifty Deutsche Mark.

Article 15

1. The obligation under German law to report births and deaths to a German registrar shall not apply either with respect to a child born to, or with respect to the death of, a member of a force or of a civilian component or a dependent; where, however, such birth or death is reported to a German registrar, registration shall take place in accordance with the provisions of German law.

2. The obligation to report births and deaths remains unaffected in cases where the child is, or the deceased was, a German.

Article 16

1. The military authorities of a sending State shall have the right, in accordance with applicable regulations of such sending State, to take charge and dispose of the remains of members of the force or of the civilian component and of dependents in the event of their death in the Federal territory and to perform such autopsy as may be required for medical reasons or purposes of criminal investigation. Requests by German authorities that an autopsy be performed shall be granted; in the case of autopsies carried out for medical reasons, this shall only apply insofar as such an autopsy is admissible under the law of the sending State. A German medical officer of the court (Gerichtsarzt) or a public health officer (Amtsarzt) may be present during the autopsy. In the case of an autopsy for the purposes of a German criminal investigation this right shall extend to a German judge or public prosecutor, whose advice concerning the requirements of German criminal procedure in the case of autopsies shall be taken into consideration. In cases where a German court or authority is competent to order an autopsy, the second, third, and fourth sentences of this paragraph shall apply mutatis mutandis if the military authorities of a sending State have an interest in the results of such an autopsy.

2. Where so authorized by the law of a sending State, the military authorities of that State shall have the right to take possession of the personal property of the deceased within the Federal territory and to apply it, in the first place, to the payment of any preferential charges which may be prescribed by the law of that sending State and, in the second place, to the settlement of any other debts incurred in the Federal territory and for which there exists a legal obligation to pay in that territory and thereafter to dispose of the remainder in accordance with the law applicable to the estate of the deceased. The provisions of this paragraph shall not apply if the deceased was a German.

3. The forces shall have the right at agreed sites to establish and maintain cemeteries as may be necessary in the fulfilment of their defense responsibilities.

Article 17

1. Where, in order to decide upon the authority competent to exercise jurisdiction with respect to an offence, it is necessary to determine whether an act is punishable by the law of a sending State, the German court or authority dealing with the case shall suspend the proceedings and shall notify the competent authority of the sending State. The appropriate authority of the sending State may, within twenty-one days after receipt of the notification, or at any time if such notification has not yet been made, submit to the German court or authority a certificate stating whether or not the act is punishable by the law of the sending State. If the certificate is affirmative on this point, it shall specify the provision or legal basis under which the act is punishable as well as the penalty prescribed.

2. The German court or authority shall make its decision in conformity with the certificate. In exceptional cases, however, such certificate may, at the request of the German court or authority, be made the subject of review through discussions between the Federal Government and the diplomatic mission in the Federal Republic of the sending State.

3. If it is to be determined whether an offence is punishable under German law, the procedure provided in paragraphs 1 and 2 of this Article shall apply mutatis mutandis with respect to the offence, the certificate being then issued by the supreme competent administrative authority of the Federal Republic or of the German Land concerned.

4. The provisions of paragraphs 1, 2 and 3 of this Article shall not apply as between the Federal Republic and any sending State which informs the Federal Republic that it does not intend to avail itself of these provisions or to extend the benefits thereof to the Federal Republic.

Article 18

1. Whenever, in the course of criminal proceedings against a member of a force or of a civilian component, it becomes necessary to determine whether an offence has arisen out of any act or omission done in the performance of official duty, such determination shall be made in accordance with the law of the sending State concerned. The highest appropriate authority of such sending State may submit to the German court or authority dealing with the case a certificate thereon.

2. The German court or authority shall make its decision in conformity with the certificate. In exceptional cases, however, such certificate may, at the request of the German court or authority, be made the subject of review through discussions between the Federal Government and the diplomatic mission in the Federal Republic of the sending State.

Article 18A

1. The authorities of a sending State shall notify the competent German authorities without delay in the event that they decide, in exercising jurisdiction under Article VII of the NATO Status of Forces Agreement, to undertake a prosecution which may lead to the imposition of the death penalty.

2. Taking into consideration the provisions of German law, the authorities of a sending State shall not carry out a death penalty in the Federal Republic nor carry through a prosecution which may lead to the imposition of such a sentence in the Federal Republic.

Article 18A

1. In cases arising under paragraph 1 of Article 18A, German authorities shall provide assistance if required by German statutory law or by treaty obligations accepted by the Federal Republic.

2. In extraordinary circumstances, such as in the case of the imminent threat of armed conflict, the authorities of a sending State and the competent German authorities may conclude arrangements to take account of such circumstances.

Article 19

1. At the request of a sending State, the Federal Republic shall, within the framework of subparagraph (c) of paragraph 3 of Article VII of the NATO Status of Forces Agreement, waive in favor of that State the primary right granted to the German authorities under subparagraph (b) of paragraph 3 of that Article in cases of concurrent jurisdiction, in accordance with paragraphs 2, 3, 4 and 7 of this Article. The waiver granted under this paragraph shall not extend to cases notified under paragraph 1 of Article 18A of the present Agreement.

2. Subject to any particular arrangements which may be made under paragraph 7 of this Article, the military authorities of the sending States shall notify the competent German authorities of individual cases falling under the waiver provided in paragraph 1. Without prejudice to any other notification requirements under either the NATO Status of Forces Agreement or the present Agreement, the military authorities of the sending State shall notify the competent German authorities when they intend to exercise the primary right of jurisdiction granted under subparagraph (a) of paragraph 3 of Article VII of the NATO Status of Forces Agreement with respect to individual offences referred to in subparagraph (a) of paragraph 2 of the Section of the Protocol of Signature referring to this Article.

3. Where the competent German authorities hold the view that interests of German administration of justice make imperative the exercise of German jurisdiction, they may recall the waiver granted under paragraph 1 of this Article by a statement to the competent military or civil authorities within a period of twenty-one days after receipt of the notification envisaged in paragraph 2 of this Article or any shorter period which may be provided in arrangements made under paragraph 7 of this Article. The German authorities may also submit the statement prior to receipt of such notification.

4. If, pursuant to paragraph 3 of this Article, the competent German authorities have recalled the waiver in a specific case and in such case an understanding cannot be reached in discussions between the authorities concerned, the diplomatic mission in the Federal Republic of the sending State concerned may make representations to the Federal Government. The Federal Government, giving due consideration to the interests of German administration of justice and to the interests of the sending State, shall resolve the disagreement in the exercise of its authority in the field of foreign affairs.

5.(a) With the consent of the German authorities, the military authorities of a sending State which has requested the waiver under paragraph 1 of this Article may transfer to the German courts or authorities for investigation, trial and decision, particular criminal cases in which jurisdiction rests with that State.

(b) With the consent of the military authorities of a sending State which has requested the waiver under paragraph 1 of this Article, the German authorities may transfer to the military authorities of that State for investigation, trial and decision, particular criminal cases in which jurisdiction rests with the Federal Republic.

6.(a) Where a German court or authority exercises exclusive jurisdiction under subparagraph (b) of paragraph 2 of Article VII of the NATO Status of Forces Agreement, a copy of any document served on the accused shall be delivered, upon special or general request of the sending State concerned, to a liaison agency established or designated by each of the sending States.

(b) German courts or authorities may request the liaison agency to ensure service of documents in criminal proceedings on members of a force, of a civilian component, or on dependents. The provisions of subparagraph (b) of paragraph 1 of Article 32 of the present Agreement shall apply mutatis mutandis to this paragraph.

7. In the implementation of the provisions of this Article and to facilitate the expeditious disposal of offences of minor importance, arrangements may be made between the military authorities of a sending State or States and the competent German authorities. These arrangements may also extend to dispensing with notification and to the period of time referred to in paragraph 3 of this Article within which the waiver may be recalled.

Re Article 19

1. The request for a waiver of the primary right of the Federal Republic to exercise criminal jurisdiction provided for in paragraph 1 of Article 19 shall be made at the time of the entry into force of the Supplementary Agreement by those of the sending States which have decided to make use of the waiver. The Federal Republic shall grant the waiver to these sending States when the Supplementary Agreement enters into force. If a sending State decides, after the entry into force of the Supplementary Agreement, to make use of the waiver, the State concerned shall not request such waiver until agreement has reached with the Federal Government on the necessary transitional arrangements.

2.(a) Interests of German administration of justice within the meaning of paragraph 3 of Article 19 may make imperative the exercise of German jurisdiction, in particular in the following cases:

(i) offences within the competence of the Higher Regional Courts (Oberlandesgericht) in first instance or offences which may be prosecuted by the Chief Federal Prosecutor (Generalbundesanwalt) at the Federal High Court of Justice (Bundesgerichtshof);

(ii) offences causing the death of a human being, robbery, rape, except where these offences are directed against a member of a force or of a civilian component or a dependent;

(iii) attempt to commit such offences or participation therein.

(b) In respect of the offences referred to in subparagraph (a) of this paragraph the authorities concerned shall proceed in particularly close cooperation from the beginning of the preliminary investigations in order to provide the mutual assistance envisaged in paragraph 6 of Article VII of the NATO Status of Forces Agreement.

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