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Nato Sofa Supplementary Agreement - Continued

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Article 20

1. The military authorities of a sending State may, without a warrant of arrest, take into temporary custody any person not subject to their jurisdiction

(a) if such person is caught or pursued in flagrante delicto and either

(i) the identity of the person cannot be established immediately, or

(ii) there is reason to believe that the person may flee from justice; or

(b) if so requested by a German authority; or

(c) if such person is a member of the force or of the civilian component of another sending State, or a dependent of any such member, upon request by an authority of that State.

2. If there is danger in delay and a German public prosecutor or German police officer cannot be called in time, the military authorities of a sending State may, without a warrant of arrest, take into temporary custody a person not subject to their jurisdiction if there are strong reasons to suspect (dringender Verdacht) that such person has committed or is making a punishable attempt to commit an offence within, or directed against, an installation of that State, or an offence punishable under Article 7 of the Fourth Law Amending the Criminal Law dated 11 June 1957 (Bundesgesetzblatt Teil I, page 597) in conjunction with Sections 99, 100, 100c, 100d, 100e, 109f, 109g and 363, of the German Criminal Code, or under such legislation as may replace these provisions in the future. This provision shall apply only if the person in question is a fugitive from justice or in hiding or if there are good reasons to fear that he is seeking to evade criminal proceedings consequent upon the commission of such offence or punishable attempt.

3. In cases falling within paragraph 1 or 2 of this Article the military authorities may, to such extent as may be necessary, disarm the person so taken into temporary custody and may search him and seize any items in his possession which may serve as evidence for the purposes of the investigation of the suspected or alleged offence.

4. The military authorities shall, without delay, deliver any person taken into temporary custody in accordance with this Article, together with any weapons or other items so seized, to the nearest German public prosecutor or police officer or judge or to the military authorities of the sending State to whose force or civilian component the person belongs either as a member or as a dependent of such member.

5. The provisions of this Article shall not affect the constitutional immunities of the parliaments of the Federation and the Länder.

Article 21

1. Where an investigation is initiated or an arrest made by a German authority in respect of an act punishable under Article 7 of the Fourth Law Amending the Criminal Law dated 11 June 1957 (Bundesgesetzblatt Teil I, page 597) or under such legislation as may replace that Article in the future, the German authorities conducting the investigations shall notify the military authorities of the sending State concerned without delay. The same shall apply if a German authority initiates an investigation or makes an arrest in respect of an act otherwise directed against the security of a sending State or of its force.

2. Where an investigation is initiated or an arrest made in the Federal territory by a competent authority of a sending State in respect of an act committed in the Federal territory and relating to matters affecting the security of the Federal Republic, this authority shall inform the German authorities without delay.

Article 22

1.(a) Where jurisdiction is exercised by the authorities of a sending State, custody of members of the force, of the civilian component, or dependents shall rest with the authorities of that State.

(b) Where jurisdiction is exercised by the German authorities, custody of members of a force, of a civilian component, or dependents shall rest with the authorities of the sending State in accordance with paragraphs 2 and 3 of this Article.

2.(a) Where the arrest has been made by the German authorities, the arrested person shall be handed over to the authorities of the sending State concerned if such authorities so request.

(b) Where the arrest has been made by the authorities of a sending State, or where the arrested person has been handed over to them under subparagraph (a) of this paragraph, they

(i) may transfer custody to the German authorities at any time;

(ii) shall give sympathetic consideration to any request for the transfer of custody which may be made by the German authorities in specific cases.

(c) In respect of offences directed solely against the security of the Federal Republic, custody shall rest with the German authorities in accordance with such arrangements as may be made to that effect with the authorities of the sending State concerned.

3. Where custody rests with the authorities of a sending State in accordance with paragraph 2 of this Article, it shall remain with these authorities until release or acquittal by the German authorities or until commencement of the sentence. The authorities of the sending State shall make the arrested person available to the German authorities for investigation and criminal proceedings (Ermittlungs- und Strafverfahren) and shall take all appropriate measures to that end and to prevent any prejudice to the course of justice (Verdunkelungsgefahr). They shall take full account of any special request regarding custody made by the competent German authorities.

Re Article 22

The sending States shall retain the right to keep in custody the arrested person either in a detention institution of their own or with their force. In order to ensure smooth implementation of the obligations imposed by the second sentence of paragraph 3 of Article 22, the authorities of the sending States shall keep the arrested person, where possible, in the vicinity of the seat of the German authority dealing with the case; this, however, shall not constitute an obligation on their part to keep the arrested person outside the area of the force.

Article 23

Where a person is arrested in any case referred to in paragraph 1 of Article 21 of the present Agreement, a representative of the sending State concerned shall have access to that person. Where a person arrested in any case referred to in paragraph 2 of that Article is held in custody by the authorities of a force, a German representative shall have a corresponding right to the extent to which the sending State avails itself of the right of access afforded by the first sentence of this Article. The German authorities and the military authorities of the sending State shall conclude such arrangements as may be required for the implementation of this Article. A representative of the State which has custody may be present when the right of access is exercised.

Article 24

At the request of the Federal Republic or of a sending State, the German authorities and the authorities of that State shall conclude arrangements to facilitate the fulfillment of the obligation of mutual assistance provided for in subparagraph (a) of paragraph 5 and subparagraph (a) of paragraph 6 of Article VII of the NATO Status of Forces Agreement.

Article 25

1.(a) Where criminal jurisdiction over a member of a force or of a civilian component or a dependent is exercised by a German court or a German authority, a representative of the sending State concerned shall have the right to attend the trial. Where an offence is solely directed against the security of the Federal Republic, or against any property within the Federal Republic, or against a German or a person present in the Federal territory, and jurisdiction is exercised in the Federal Republic by a court or authority of a sending State, a German representative shall have the right to attend the trial.

(b) For the purpose of the provisions set forth in subparagraph (a) of this paragraph

(i) the expression "property within the Federal Republic"shall not include property belonging either to a force or a civilian component or to a member of a force or of a civilian component or to a dependent;

(ii) the expression "a person present in the Federal territory"shall not include a member of a force or of a civilian component or a dependent.

(c) The provisions set forth in subparagraph (a) of this paragraph shall not apply if the attendance of a national representative is inCompatible with the security requirements of the State exercising jurisdiction which are not at the same time security requirements of the other State.

(d) German courts and authorities on the one hand, and the courts and authorities of the sending State on the other hand, shall give each other timely notification of place and time of the trial.

2. Under the conditions stated in paragraph 1 of this Article a representative of the sending State shall also have a right to attend interrogations and other pre-trial investigations to such extent as may be agreed between the authorities of that State and those of the Federal Republic. If such arrangements are concluded, they shall, under the conditions stated in para- graph 1, give to a German representative a right corresponding to that of the representative of the sending State, and shall provide procedures for reciprocal notification.

Article 26

1. Where a member of a force or of a civilian component or a dependent is arraigned before a court of a sending State for an offence committed in the Federal territory against German interests, the trial shall be held in that territory

(a) except where the law of the sending State requires otherwise, or

(b) except where, in cases of military exigency or in the interests of justice, the authorities of the sending State intend to hold the trial outside the Federal territory. In this event they shall afford the German authorities timely opportunity to comment on such intention and shall give due consideration to any comments the latter may make.

2. Where the trial is held outside the Federal territory, the authorities of the sending State shall inform the German authorities of the place and date of the trial. A German representative shall be entitled to be present at the trial, except where his presence is inCompatible with the rules of the court of the sending State or with the security requirements of that State, which are not at the same time security requirements of the Federal Republic. The authorities of the sending State shall inform the German authorities of the judgment and of the final outcome of the proceedings.

Re Article 26, paragraph 1, subparagraph (b)

The term "military exigency"may also apply to cases in which the offence was committed by a person temporarily present in the Federal territory for the purpose of training exercises or maneuvers.

Article 27

Deleted

Article 28

Primo. In accordance with the provisions of paragraph 4bis of the Section of the Protocol of Signature referring to Article 53 of the present Agreement, and without prejudice to the provisions of subparagraph (a) of paragraph 10 of Article VII of the NATO Status of Forces Agreement, German police may exercise their authority within accommodation made available to a force or a civilian component for its exclusive use to the extent that the public order and safety of the Federal Republic are jeopardized or violated. Where a criminal prosecution measure (Strafverfolgungsmassnahme) is to be carried out within such accommodation, the sending State, following consultation with the German authorities concerning the modalities, may also have the measure carried out by its own police. In this case, the measure shall be carried out without delay and, where desired by the German side, in the presence of representatives of German authorities.

1. The military police of a force shall have the right to patrol on public roads, on public transport, in restaurants (Gastätten) and in all other places to which the public has access and to take such measures with respect to the members of a force, of a civilian component or dependents as are necessary to maintain order and discipline. Insofar as it is necessary or expedient the details of this right shall be agreed upon between the German authorities and the authorities of the force who shall maintain close mutual liaison.

2. If public order and safety are endangered or disturbed by an incident in which members of a force or of a civilian component or dependents are involved, the military police of a force shall, if so requested by the German authorities, take appropriate measures with respect to such persons to maintain or restore order and discipline.

Article 29

1. The Federal Republic shall bring about such legislative measures as it deems necessary to ensure the adequate security and protection within its territory of the forces, of the civilian components and of their members. This shall also apply to the Armed Forces of a sending State stationed in Berlin, to the civilian component thereof and to their members with regard to offences committed within the Federal territory.

2. To implement paragraph 11 of Article VII of the NATO Status of Forces Agreement and paragraph 1 of this Article the Federal Republic shall, in particular,

(a) ensure, in accordance with the provisions of German criminal law on treason, the protection of military secrets of the sending States;

(b) ensure, by way of criminal law, the protection of a force, a civilian component and their members to an extent not inferior to the protection which is or will be afforded to the German Armed Forces in the following fields:

(i) influencing the force, the civilian component or their members with intent to undermine their willingness to serve;

(ii) exposing the force to contempt;

(iii) inducement to disobedience;

(iv) inducement to desertion;

(v) facilitation of desertion;

(vi) sabotage;

(vii) collection of information concerning military matters;

(viii) operation of a military intelligence service;

(ix) reproduction or description of military equipment, military installations or facilities, or of military activities;

(x) taking of aerial photographs.

3. For the purposes of subparagraph (a) of paragraph 2 of this Article, the term "military secrets"shall mean such facts, objects, conclusions and discoveries, in particular writings, drawings, models, formulae, or information about them, as concern defense and are kept secret by an agency of a sending State located on Federal territory or in Berlin out of consideration for the security of that State or of its force, or its Armed Forces stationed in Berlin. The term shall not include objects in respect of which the decision about keeping them secret is a matter for the Federal Republic, or information concerning such objects.

Article 30

To facilitate the implementation of Article VII of the NATO Status of Forces Agreement and the provisions of the present Agreement supplementary thereto, and to ensure their uniform application, Mixed Commissions composed of a German representative to be appointed by the Federal Government and a representative of the sending State concerned shall be constituted at the request of either party. The task of these Mixed Commissions shall be to discuss questions submitted to them by the Federal Government or the highest authority of the force concerned with respect to the application of the provisions referred to in this Article. The German authorities and the authorities of the sending State shall give sympathetic consideration to any joint recommendation made by a Mixed Commission.

Article 31

With respect to the exemption from the obligation to post security for costs, members of a force or of a civilian for costs, members of a force or of a component shall enjoy the rights determined in agreements in force in this field between the Federal Republic and the sending State concerned. The presence on duty of such persons in the Federal territory shall, in the application of such agreements, be deemed to be residence therein.

Re Article 31

1. Articles 17 to 24 of the Hague Convention on Civil Procedure of 17 July 1905 shall in the relations between the Federal Republic and the French Republic, be considered to be an agreement within the meaning of Article 31, until such time as the Hague Convention on Civil Procedure of 1 March 1954 enters into force.

2. With respect to liability for breach of official duties, the following shall apply between the Federal Republic and the French Republic, as well as between the Federal Republic and the Kingdom of Belgium:

The liability of the State (Federation or Land) or of a corporation existing under public law for damage suffered by a member of the Belgian force or of the French force, of their civilian components or by dependents as a result of a breach of official duties by German public servants in the Federal Republic shall be governed by the provisions applying to German nationals (Inländer).

Article 32

1.(a) The German courts or authorities may request a liaison agency established or designated by each of the sending States to ensure service of documents arising in non-criminal proceedings upon members of a force, of a civilian component, or on dependents.

(b) Receipt of an application submitted by a German court or authority for service shall be acknowledged by the liaison agency without delay. Service shall be effective when the document to be served is delivered to the addressee by his unit commander or by a representative of the liaison agency. Notification in writing that service has been effected shall be given without delay to the German court or authority.

(c) (i) Where service cannot be effected, the liaison agency shall notify the German court or authority in writing of the reasons therefor and, if possible, of the date on which service can be effected. Service shall be deemed to have been effected if, upon the expiry of a period of twenty-one days from the date of receipt by the liaison agency, the German court or authority has received neither notification in writing that service has been effected in accordance with subparagraph (b) of this paragraph nor any communication stating that it has not been possible to effect service.

(ii) Service shall not, however, be deemed to have been effected if the liaison agency notifies the German court or authority prior to the expiry of the period of twenty-one days that it has not been possible to effect service.

(iibis) If the person to be served has permanently left the Federal Republic, the liaison agency shall notify the German court or authority immediately of this fact and, taking into account the provisions of paragraph 3 of Article 3 of the present Agreement, shall render the German court or authority all assistance in its power.

(iii) In the case specified in item (ii) of this subparagraph, the liaison agency may also request the German court or authority to extend the period stating in such request the reasons therefor. If this request for extension is accepted by the German court or authority, items (i) and (ii) shall be applicable mutatis mutandis to the period so extended.

2. When a German process server (deutscher Zusteller) serves directly a plaint or other document or court order initiating non-criminal proceedings before a German court or authority, the German court or authority shall so notify the liaison agency in writing prior to or immediately upon the service of process. The contents of the written notification shall be in accordance with Section 205 of the Code of Civil Procedure (Zivilprozessordnung) and, in case of dependents, to the extent permitted by law.

3. Where a German court or authority serves a judgment or a document in appellate proceedings (Rechtsmittelschrift), the liaison agency shall, upon special or general request of the sending State concerned, be notified thereof immediately to the extent permitted by law except where the liaison agency itself is requested to effect such service, or where the addressee or another party to the proceedings objects. The German court or authority shall inform the liaison agency of any objection.

Article 33

If members of a force, of a civilian component, or dependents are temporarily prevented from attending non-criminal proceedings to which they are parties and if the competent German court or authority is so notified without undue delay, due account shall be taken thereof in order that they shall suffer no legal prejudice to their interests. Such notification may also be given by the liaison agency.

Article 34

1. The military authorities shall render all assistance in their power to secure compliance with judgments, decisions, orders and settlements (vollstreckbare Titel) in non-criminal proceedings of German courts and authorities.

2.(a) A member of a force or of a civilian component or a dependent may be deprived of his personal liberty by a German authority or court in non-criminal proceedings only to punish contempt of court or to secure compliance with a judicial or administrative decision or order that he culpably has failed or fails to obey. Deprivation of liberty shall not be authorized in respect of an act or omission done in the performance of official duty. A certificate by the highest appropriate authority of the sending State stating that the act or omission concerned was done in the performance of official duty shall be binding on German agencies. In other cases the German agencies shall give due consideration to representations of the highest appropriate authority of the sending State that compelling interests contravene such deprivation of liberty.

(b) A deprivation of liberty pursuant to this paragraph may take place only after the military authorities have arranged, if they find it necessary, for the replacement of the individual concerned. The military authorities shall take all necessary and reasonably acceptable measures to this end without delay, and render all assistance within their power to the German authorities responsible for enforcing an order or decision in accordance with this paragraph.

(c) When a deprivation of liberty in accordance with this paragraph is to take place within accommodation made available for the exclusive use of the force or of the civilian component, the sending State, following consultation with the German court or authority concerning the modalities, may also have the measure carried out by its own police. In this case the deprivation of liberty shall take place without delay, and, to the extent desired by the German side, in the presence of representatives of the German court or authority.

3. A payment due to a member of a force or of a civilian component from his Government shall be subject to attachment, garnishment or other form of execution ordered by a German court or authority to the extent permitted by the law applicable in the territory of the sending State. Assistance under paragraph 1 of this Article shall also include providing information on possible execution against pay already disbursed.

4. Where the enforcement of a judgment, decision, order and settlement in non-criminal proceedings of a German court or authority is to take place within an installation of a force, such enforcement shall be effected by a German enforcement officer in the presence of a representative of the force.

Article 35

Where a judgment, decision, order and settlement (vollstreckbarer Titel) of a German court or authority is to be enforced against a debtor to whom a payment is due in respect of employment with a force or civilian component in accordance with the provisions of Article 56 of the present Agreement or in respect of direct deliveries or services to a force or a civilian component, the following provisions shall apply:

(a) Where such a payment is made through a German authority and that authority has been requested by an enforcing agency to make the payment to the judgment creditor instead of to the debtor, that authority shall be entitled to comply with such request within the scope of the provisions of German law.

(b) (i) Where such a payment is not made through a German authority, the authorities of the force or of the civilian component, unless prohibited by the law of the sending State, shall upon request by an enforcing agency deposit with the competent agency out of the sum admitted to be owing to the debtor the sum specified in the request. Such deposit shall operate as a discharge of the force or of the civilian component from its obligation to the debtor to the extent of the amount deposited.

(ii) Insofar as the law of the sending State concerned prohibits the payment referred to in item (i) of this subparagraph, the authorities of the force or of the civilian component shall take all appropriate measures to assist the enforcing agency in the execution of the judgment, decision, order or settlement in question.

Article 36

1. Service of documents upon members of a force or of a civilian component or on dependents by publication shall, in addition, be effected by publication of an extract from the document to be served in a journal to be named by, and in the language of, the sending State, or if the sending State so decides, by posting in the appropriate liaison office.

2. Where service of any document is to be effected by a German process server upon any person who is inside an installation of a force, the authority of the force responsible for the administration of the installation shall take all measures necessary to enable the German process server to effect such service.


Article 37

1. Where a member of a force or of a civilian component or a dependent is summoned to appear before a German court or authority, the military authorities, unless military exigency requires otherwise, shall take all measures within their authority to secure his attendance provided such attendance is compulsory under German law. If the summons is not served through the liaison agency, the latter shall be informed immediately of the summons by the German court or authority, which shall give the name of the addressee and his address, as well as the time and place of the hearing or taking of evidence; this does not apply in the case of dependents if the military authorities cannot give effective support to German authorities to secure attendance.

2. Where persons whose attendance cannot be secured by the military authorities are required as witnesses or experts by a court or a military authority of a sending State, the German courts and authorities shall, in accordance with German law, secure the attendance of such persons before the court or military authority of that State.

Article 38

1. If in the course of criminal or non-criminal proceedings or hearings before a court of authority of a force or of the Federal Republic it appears that the disclosure of an official secret of either of the States concerned, or the disclosure of any information which could prejudice the security of either of them might result, the court or the authority shall, prior to taking further action, seek the written consent of the appropriate authority to the disclosure of the official secret or information. In the event that the appropriate authority advances considerations against disclosure, the court or authority shall take all steps in its power, including those to which paragraph 2 of this Article relates, to prevent such disclosure, provided no constitutional right of any party to the proceedings is thereby impaired.

2. The provisions of Sections 172 to 175 of the German Judicature Act (Gerichtsverfassungsgesetz) on the exclusion of the public from hearings in criminal and non-criminal proceedings, and of Section 15 of the German Code of Criminal Procedure on the transfer of criminal proceedings to a court in a different district, shall be applied mutatis mutandis in cases before German courts and authorities where there is a threat to the security of a force or of a civilian component.

Article 39

Privileges and immunities of witnesses, injured persons and experts shall be those accorded by the law of the court or authority before which they appear. The court or authority shall, however, give appropriate consideration to the privileges and immunities which witnesses, injured persons and experts, if they are a member of a force or of a civilian component or dependents, would have before a court of a sending State or, if they do not belong to these categories of persons, would have before a German court.

Article 40

Subject to any provision to the contrary in the NATO Status of Forces Agreement or in the present Agreement, archives, documents, official mail recognizable as such and property of a force shall be immune from search, seizure or censorship by the German authorities except where immunity is waived.

Article 41

1. The settlement of claims in respect of damage caused by acts or omissions of a force, a civilian component or their members, or by other occurrences for which a force or a civilian component is legally responsible, shall be governed by the provisions of Article VIII of the NATO Status of Forces Agreement and the provisions of this Article supplementary thereto.

2. No compensation shall be payable in respect of

(a) damage to public roads, highways, bridges, navigable waterways and other public traffic facilities resulting from their use by a force or a civilian component for normal traffic purposes;

(b) loss of or damage to property which has been constructed or procured from occupation costs, mandatory expenditures or support costs funds, to the extent that such loss or damage was caused while the property was at the disposal of a force or a civilian component for its use.

3.(a) The Federal Republic shall waive all its claims against a sending State in respect of loss of, or damage to, property owned by the Federal Republic and made available for the exclusive use of the force or of the civilian component. This shall apply equally if such property is made available for use by the forces of several sending States or is used by the force of one or more sending States jointly with the German Armed Forces. This waiver shall not apply to damage caused willfully or by gross negligence, nor to damage to the property of the German Federal Railways or German Federal Post.

(b) The provisions of subparagraph (f) of paragraph 2 of Article VIII of the NATO Status of Forces Agreement shall not apply to loss of or damage to property owned by the German Federal Railways or the German Federal Post nor to damage to Federal roads.

4. The Federal Republic shall relieve the sending States of liability for claims arising from loss of or damage to property owned by a Land, if the loss or damage was caused prior to the entry into force of the present Agreement.

5. Each sending State shall waive all its claims against the Federal Republic in respect of loss of or damage to property owned by such sending State and caused by members or employees of the German Armed Forces in the performance of official duties or by the use of vehicles, ships, or aircraft of the German Armed Forces, provided that it is property used by the force or the civilian component of that State and that it is located in the Federal territory. This waiver shall not apply to damage caused willfully or by gross negligence.

6. The provisions of paragraph 5 of Article VIII of the NATO Status of Forces Agreement and of this Article shall not apply to damage suffered by members of a force or of a civilian component and caused by acts or omissions of other members of the same force or the same civilian component, or by other occurrences for which such force or such civilian component is legally responsible.

7. The organizations referred to in paragraph 2 of Article 71 shall for the purpose of the settlement of damage claims in accordance with Article VIII of the NATO Status of Forces Agreement in conjunction with this Article be considered to be, and treated as, integral parts of the force concerned unless it is agreed that any such organization shall not enjoy in that respect exemption from German jurisdiction.

8. The liability of a force or of a civilian component shall not be affected by the fact that such force or civilian component enjoys exemption from German regulations. Where the German Armed Forces enjoy the same exemptions, compensation shall be payable only if and to the extent that compensation is payable for damage caused by the latter.

9.(a) In cases where an occurrence causing damage to a third party and compensable under paragraph 5 of Article VIII of the NATO Status of Forces Agreement has also given rise to damage to the sending State concerned, and where the third party is liable to compensate for such damage, the claim of the sending State is to be set off against the claim of the third party.

(b) The Federal Republic shall, in accordance with administrative agreements, and at the request of a sending State, assert for that State claims against persons resident in the Federal territory and arising out of damage caused there to such State; this shall not apply to contractual claims. Such expenses which the Federal Republic incurs in asserting claims over and above the general costs of administration shall be reimbursed by the sending State.

10. In respect of claims concerning damage to accommodation or loss of, or damage to, movables, other than accommodation or movables owned by the Federation or by a Land, which were made available for exclusive use by a force or a civilian component before 5 May 1955, and which are released by the force or the civilian component after the entry into force of the present Agreement, compensation shall be borne by the Federal Republic and the sending State concerned in equal parts.

11.(a) Except in cases where after inquiry of the forces concerned it is not possible to establish to which of them the loss or damage is attributable, the force shall furnish a certificate concerning the questions dealt with in paragraph 8 of Article VIII of the NATO Status of Forces Agreement; it shall, at the request of the German authorities, review such certificate if, during investigation of a claim, a German authority or a German court considers that circumstances exist which would lead to an inference different from that contained therein.

(b) If a difference of opinion remains that cannot be resolved in further discussions between the two parties at higher level, the procedure provided in paragraph 8 of Article VIII of the NATO Status of Forces Agreement shall be followed.

(c) The German authorities or courts shall make their decisions in conformity with the certificate or the decision of the arbitrator respectively.

12.(a) The provisions of Article VIII of the NATO Status of Forces Agreement and of this Article shall apply to those damages which are caused or which are deemed to be caused after the entry into force of the present Agreement.

(b) Damages which were caused before the entry into force of the present Agreement, or which are deemed to have been caused before that date, shall be dealt with in accordance with the regulations which were until then applicable.

13. Administrative agreements shall be concluded to regulate procedures as between the authorities of a force and the German authorities for the settlement of damage claims.

Re Article 41

1. Article 41 shall not be applicable to claims concerning damage arising under contracts or quasi-contractual relationships.

2.(a) (i) In the case of damage to public roads and of damage to property of the Federal Republic, except property of the German Federal Railways and of the German Federal Post, caused by maneuvers and other training exercises for which compensation would have been payable under Article 41, a force may, in lieu of paying such compensation, itself repair the damage.

(ii) If a force wishes itself to repair damage to public roads, it will consult the competent German authorities and will refrain from itself carrying out the repair if the German authorities object for cogent technical building or traffic police control reasons. In these cases and in other cases of damages referred to in item (i) of this subparagraph contact shall not be necessary in individual cases if previously there has been an understanding on carrying out of repairs by the force on a general basis.

(b) Nothing shall preclude a force itself making good the damage, in agreement with the person having suffered it, in cases other than those referred to in subparagraph (a) of this paragraph.

(c) In the cases referred to in subparagraphs (a) and (b) of this paragraph, nothing shall preclude the person suffering the damage asserting any possible claim to which he may be entitled if in his opinion the damage has not been repaired either fully or properly.

3. In order to permit speedy settlement of compensation proceedings, a reasonable period of time should be provided within which to file compensation claims under Article VIII of the NATO Status of Forces Agreement in conjunction with Article 41. To this end, the Federal Republic shall enact suitable legislation.

4. The waiver given by the Federal Republic in subparagraph (a) of paragraph 3 of Article 41 shall not apply to damage arising from non-fulfillment of the accepted responsibility for repair and maintenance. To the extent that the agreements (Überlassungsvereinbarungen) do not contain provisions for the settlement of such damage claims, the procedure for settling them shall be laid down in administrative agreements.

5. Insofar as property of juristic persons whose shares are in the hands of the Federation is made available free of charge to a force or a civilian component for exclusive use, the Federal Republic shall relieve the sending State of liability in respect of damages to this property to the same extent as the Federal Republic has waived, in accordance with subparagraph (a) of paragraph 3 of Article 41, compensation for damage to property which it owns.

6.(a) If in the cases referred to in the last sentence of subparagraph (a) of paragraph 3 and the last sentence of paragraph 5 of Article 41, there is a difference of opinion between the competent German authorities and the authorities of a force as to whether or not damage was caused willfully or by gross negligence, the authorities on both sides shall enter into negotiations.

(b) If a difference of opinion remains that cannot be resolved in further discussions between the parties at higher level, the arbitrator referred to in subparagraph (a) of paragraph 2 of Article VIII of the NATO Status of Forces Agreement shall decide.

7. In respect of property owned by a Land and made available for use by a force (paragraph 4 of Article 41), the authorities of the force and the German authorities shall determine jointly the condition of such property as at the date of the entry into force of the Supplementary Agreement. A similar determination shall be made at the time of the release of such property. Claims for damages or loss, if any, shall be settled on the basis of the condition of the property on these dates.

8. The American Red Cross and the University of Maryland shall not be deemed to be, nor be treated as, integral parts of the force for the purpose of paragraph 7 of Article 41 and in respect of the settlement of damage claims shall not be exempt from German jurisdiction.

9. The administrative agreements referred to in paragraph 13 of Article 41 may also contain arrangements which differ from the procedural arrangements contained in Article VIII of the NATO Status of Forces Agreement.

Article 42

Deleted

Article 43

1. In the fields of meteorology, geodesy, topography, hydrography and cartography, the authorities of a force and the German authorities shall communicate to each other information on all matters of importance for the common defense and shall exchange all data necessary for this purpose.

2. The authorities of a force may, after timely notification to the German authorities, make topographic, geodetic, hydrographic or engineering surveys or reconnaissances in the interest of the common defense if special reasons of security or secrecy necessitate this or if the German authorities are unable to carry out such projects to the extent or within the time required. Representatives of the German authorities may be present, unless prohibited by special reasons of secrecy, while any such survey is being made. The German authorities shall, when necessary, use their powers under German law in order to obtain authority for representatives of the force to enter property.

Article 44

1. In the settlement of disputes arising from contracts concluded by the German authorities for the account of the authorities of a force or of a civilian component there shall at all times be close cooperation between those authorities, whether or not court proceedings are involved. This shall apply mutatis mutandis to disputes arising out of work, personnel representation, or social insurance of civilian labor with a force or a civilian component, as well as to disputes which arise from procedures referred to in subparagraph (c) of paragraph 1 of Article 62 of the present Agreement. Details of such cooperation shall be laid down in administrative agreements.

2. So far as they relate to court proceedings instituted against the Federal Republic, the agreements referred to in paragraph 1 of this Article shall be based on the following principles:

(a) The authorities of the force or of the civilian component shall be notified without delay of the lodging of a plaint and shall be consulted at all material stages of the proceedings.

(b) The decision as to whether or not an appeal should be lodged shall be taken only in agreement with the authorities of the force or of the civilian component. Failing agreement, the German authorities shall lodge an appeal if an authority of the force or, where applicable, an authority of the civilian component, at highest level, confirms its essential interest in that action being taken. The authorities of the force or of the civilian component shall not object to the lodging of an appeal if a Federal authority at the highest level confirms its essential interest in that action being taken. To the extent that the reasons underlying the confirmation of the interest referred to in the second and third sentences of this paragraph have not become known to the other party in the course of negotiations on the lodging of an appeal, such reasons shall be given on request.

3. Paragraph 2 of this Article shall apply mutatis mutandis to court proceedings instituted by the Federal Republic, it being understood that the principles set out in subparagraph (b) of paragraph 2 shall also be applied to the lodging of plaints.

4. Whether or not court proceedings are involved in the disputes referred to in paragraph 1 of this Article, the German authorities shall terminate such disputes only in agreement with the authorities of the force or of the civilian component.

5.(a) The sending State concerned shall meet all the obligations laid upon, and shall enjoy any benefits accruing to the Federal Republic as a result of judgments, decisions, orders and settlements (vollstreckbare Titel) in the court proceedings arising from disputes referred to in paragraph 1 of this Article.

(b) Where, solely as a result of a Federal authority at the highest level having confirmed its essential interest in the lodging of a plaint or an appeal, the force or the civilian component has raised no objection to that action being taken, and if the plaint or appeal gives rise to additional costs in the court proceedings, agreement shall be reached on a case to case basis as to whether and to what extent the obligations arising from such court proceedings are chargeable to the sending State or to the Federal Republic.

(c) Costs arising in connection with court proceedings which are not included in the costs awarded by the court shall be paid by he sending State if the force or the civilian component has given its agreement before the costs were incurred.

6.(a) Disputes arising from direct procurement by the authorities of a force or of a civilian component of goods and services in the Federal territory shall be settled by German courts or by an independent arbitration tribunal. Where the German courts are to decide the dispute, the plaint shall be lodged against the Federal Republic, which shall conduct the case in its own name in the interest of the sending State. Paragraphs 2, 4 and 5 of this Article shall apply mutatis mutandis as regards relations between the Federal Republic and the sending State.

(b) Agreements between the Federal Republic and a sending State shall, however, take precedence over the provisions of subparagraph (a) of this paragraph.

Article 45

1. Insofar as a force is not able to carry out its training program on the accommodation made available for its exclusive use without impairing the purposes of such training, it shall on the basis of this Article, subject to the approval of the Federal Minister of Defense, have the right to conduct maneuvers and other training exercises outside such accommodation in such measure as is necessary to the accomplishment of its defense mission. The decision of the Federal Minister of Defense shall be made after giving due consideration to all aspects arising from multilateral or bilateral agreements to which the Federal Republic and one or more of the sending States are party, including training requirements laid down by the Supreme Allied Commander in Europe, other North Atlantic Treaty Organization authorities, or by competent European authorities. The conduct of or participation in maneuvers and other training exercises in accordance with this Article by elements of the force which come to the Federal Republic for this purpose shall require the approval of the competent German authorities. The procedures for notification, coordination and authorization of maneuvers and other training exercises shall be regulated in a separate agreement.

2. The conduct of maneuvers and other training exercises, in accordance with paragraph 1 of this Article, shall be governed by the relevant provisions of German law, in particular the Federal Requisitioning Law of September 27, 1961, as amended. The German military authorities, upon the request of the authorities of a force, shall provide or arrange to provide information about these provisions. The competent German authorities shall discuss with the authorities of the sending States in good time prospective fundamental amendments to provisions of German law that may substantially impair the conduct of maneuvers and other training exercises.

Article 46

1. A force shall have, on the basis of this Article, subject to the approval of the competent German authorities, the right to conduct maneuvers and other training exercises in the air space of the Federal Republic in such measure as is necessary to the accomplishment of its defense mission. The decision of the competent German authorities shall be made after giving due consideration to all aspects arising from multilateral or bilateral agreements to which the Federal Republic and one or more of the sending States are party, including training requirements laid down by the Supreme Allied Commander in Europe, or other North Atlantic Treaty Organization authorities or by competent European authorities.

2. The conduct of maneuvers and other training exercises, in accordance with paragraph 1 of this Article, shall be governed by German regulations on the entry into and use of German air space and the utilization of aviation installations and facilities which fall within the scope of the Standards and Recommended Practices of the International Civil Aviation Organization, as well as applicable notification, approval and coordination procedures contained in relevant laws, regulations and publications. The competent German authorities shall discuss with the authorities of the sending States in good time prospective amendments to German regulations or administrative provisions concerning the entry into and use of German air space and the utilization of aviation installations and facilities. The Contracting Parties shall make use of competent organizations in this field to discuss such amendments.

3. Deleted

4. Deleted

5. Deleted

6. The provisions of Article 45 of the present Agreement shall be applicable to off-base landings as well as to parachute jumps or drops on to accommodation not made available to a force for its permanent use.

Re Article 46

1. German regulations on the entry into and use of German air space and the utilization of aviation installations and facilities as well as applicable notification, approval, and coordination procedures contained in relevant laws, regulations and publications include the Air Traffic Law (Luftverkehrsgesetz) in its then-current version and regulations, civilian and military administrative rules and procedures issued thereunder, as well as pertinent procedures and national regulations published in the AFCENT LOW FLYING HANDBOOK or any successor publication. Beside the provisions of Article 46, agreements, and any future amendments thereto, governing the conduct of maneuvers and other training exercises in German air space which the Federal Republic and one or more sending States have concluded, or will conclude, shall apply until replaced or terminated.

2. The competent organizations referred to in paragraph 2 of Article 46 include the AFCENT Low Flying Working Group or any successor organization.

Article 47

1. The Federal Republic shall accord to a force or a civilian component treatment in the matter of procurement of goods and services not less favorable than is accorded to the German Armed Forces.

2. Having regard to any measures which may become necessary under the second sentence of paragraph 2 of Article IX of the NATO Status of Forces Agreement, the authorities of a force or of a civilian component shall, on request, inform the German authorities of their requirements for defined categories of supplies.

3. A force or a civilian component may procure goods and services which they need either direct, or, after prior agreement, through the appropriate German authorities. The execution of transport services shall be governed by Article 57 of the present Agreement.

4. Where the authorities of a force or of a civilian component procure goods and services direct,

(a) they may apply their normal procedure, provided, however, that they respect the principles applying in the Federal Republic regarding public procurement which are reflected in the regulations concerning competition, preferred tenderers, and prices applicable to public contracts;

(b) they shall inform the German authorities of the subject and size of the order, the name of the supplier and the agreed price, except in the case of minor orders.

5. Where the authorities of a force or of a civilian component procure goods and services through the German authorities,

(a) the authorities of the force or of the civilian component shall inform the German authorities in good time of their requirements in detail, giving, in particular, technical specifications and special conditions of delivery and payment;

(b) contracts in respect of goods and services shall be concluded between the German authorities and the suppliers; the German legal and administrative provisions governing public contracts shall apply thereto;

(c) the German authorities, without prejudice to their exclusive competence vis-à-vis the supplier, shall allow the authorities of the force or of the civilian component to participate in the placing and carrying out of contracts to the extent necessary for taking their interests duly into account; in particular, no contract will be placed or modified without the written consent of the authorities of the force or of the civilian component; unless otherwise agreed, acceptance of goods and services shall be made jointly;

(d) the sending State shall reimburse the Federal Republic in respect of:

(i) any expenditure incumbent upon the Federal Republic under German law relating to public contracts, provided that expenditure arising from settlements out of court shall be reimbursed only if the force has consented to the settlement;

(ii) ex gratia payments made with the consent of the

force;

(iii) expenditure, which cannot be charged to the contractor, arising from measures taken by the German authorities in cases of emergency in order to safeguard the interests of the force or of the civilian component;

(e) the necessary funds shall be made available by the authorities of the force and of the civilian component in time to permit payment to be made on due dates;

(f) the authorities of the force or of the civilian component shall be entitled, in a manner to be agreed, to audit documents relative to payments made by the competent German payment agencies;

(g) details of the procedures under subparagraphs (a), (c), (d), (e) and (f) of this paragraph shall be established in administrative agreements between the German authorities and the authorities of the force or of the civilian component, with the particular object of ensuring the carrying out of the procurement procedure within the time limits laid down.

Re Article 47

The following language will be included in the administrative agreements envisaged in subparagraph (g) of paragraph 5 of Article 47:

"In order to permit the German authorities to comply with the provisions of German budgetary law, it shall be certified in the written consent referred to in subparagraph (c) of paragraph 5 of Article 47 of the Supplementary Agreement that the necessary budgetary funds are available."

Article 48

1.(a) The accommodation requirements of a force or of a civilian component shall be satisfied only in accordance with the NATO Status of Forces Agreement and the provisions of the present Agreement.

(b) The accommodation requirements of a force or of a civilian component shall be notified to the Federal authorities in the form of periodic programs. Outside such programs, the authorities of a force shall notify accommodation requirements only in cases of urgency. Such notifications shall contain detailed specifications drawn up by the force, including in particular the general area, size, proposed utilization, foreseeable duration of the requirement and the dates by which the accommodation shall be made available.

(c) Agreements shall be concluded between the authorities of a force or of a civilian component and the German authorities on the satisfaction of accommodation requirements. Such agreements shall also cover access to accommodation (roads, railways, or waterways) and, where appropriate, the costs referred to in subparagraph (b) of paragraph 5 of Article 63. The measures to be taken in accordance with such agreements shall be carried out by the German authorities.

(d) The German authorities shall, when requested, name the enterprises which are responsible for supplying a force or a civilian component with water, gas, electricity, or for sewage disposal, and with whom contracts could be concluded. Insofar as the requirements of the force or of the civilian component cannot be satisfied by contracts between the authorities of the force or of the civilian component and the enterprises concerned, an agreement on the satisfaction of these requirements shall be concluded between the German authorities and the authorities of the force or of the civilian component, should the latter so request. The German authorities shall take appropriate measures to ensure the implementation of this agreement, if necessary by the conclusion of contracts.

2. The Federal Republic shall ensure that accommodation made available to a force or a civilian component within the framework of the provisions of the Forces Convention for its use and which is still in its possession upon the entry into force of the present Agreement shall remain available to the force or the civilian component until such time as it is to be released under subparagraphs (a) and (b) of paragraph 5 of this Article. This shall not apply to accommodation allocated for public transport or its supply facilities or for postal services or telecommunications; such accommodation shall be released insofar as it has not been otherwise agreed between the German authorities and the authorities of the force.

3.(a) Agreements (Überlassungsvereinbarungen) shall be concluded in writing in respect of the accommodation to be made available to a force or a civilian component pursuant to paragraph 1 of this Article; such agreements shall contain data concerning size, type, location, condition and equipment of the accommodation, as well as details concerning its use. The accommodation shall be made available exclusively to the requiring force or civilian component for occupancy and use insofar as it is not otherwise agreed between the German authorities and the authorities of the force or of the civilian component.

(b) Subparagraph (a) of this paragraph shall apply mutatis mutandis to accommodation which remains available to a force or a civilian component pursuant to paragraph 2 of this Article.

4. A force or a civilian component shall be responsible for carrying out such repairs and maintenance as are required to keep the accommodation made available to it in a proper state of preservation, unless with respect to accommodation made available against payment, the agreements concluded pursuant to subparagraph (a) of paragraph 3 of this Article provide otherwise.

5. The following provisions shall apply to the release of accommodation by a force or a civilian component:

(a) (i) The authorities of a force or of a civilian component shall continually examine their requirements for accommodation, in order to ensure that the number and extent of the units of accommodation used by them are restricted to the minimum required. Furthermore, they shall at the request of the German authorities examine their requirements in specific individual cases. Without prejudice to any special agreements as to periods of use, accommodation which is no longer needed or for which alternative accommodation satisfying the needs of the force or of the civilian component is made available, shall, after prior notification to the German authorities, be released without delay.

(ii) The provisions in item (i) of this subparagraph shall apply mutatis mutandis where a force or a civilian component no longer requires the whole of a unit of accommodation and where partial release is possible.

(b) Without prejudice to the provisions of subparagraph (a) of this paragraph, the authorities of a force or of a civilian component shall give due consideration to requests by the German authorities for the release of a particular unit of accommodation in cases where, taking into account the common defense mission, German interest in the use of such accommodation clearly predominates.

(c) Accommodation made available after the entry into force of the present Agreement to a force or a civilian component for a limited period of time shall be released on the expiry of such period of time provided such time limit was fixed in accordance with the information given by the authorities of the force or the civilian component at the time when their requirement for accommodation was notified; the period of use may be extended insofar as the owner or other entitled person agrees, or as requisitioning is permissible under German procurement legislation (deutsche Leistungsgesetzgebung).

(d) Accommodation made available after the entry into force of the present Agreement to a force or a civilian component, and in respect of which an expropriation authority has issued an anticipatory possession order (vorzeitige Besitzeinweisung) under the Land Procurement Law, shall be released in the event of such possession order being rescinded.

(e) Articles which have been requisitioned together with accommodation and which are still within such accommodation shall be released at the same time as the accommodation, unless the owner otherwise agrees.

Re Article 48

1.(a) Where in implementation of the third sentence of subparagraph (c) of paragraph 1 of Article 48 utilization contracts (Nutzungsverträge), toleration contracts (Duldungsverträge) or similar contracts are concluded, the German authorities shall agree upon the amount of compensation payable in consultation with the authorities of the force or the civilian component, except insofar as such compensation is to be borne by the Federal Republic under the provisions of subparagraph (a) of paragraph 5 of Article 63. The same shall apply where a unit of accommodation is requisitioned under the Land Procurement Law, to agreements regarding the amount of compensation payable in respect of anticipatory possession (Besitzeinweisungsentschädigung) or any other compensation. The provisions of Article 63 shall remain unaffected.

(b) The procedure envisaged in subparagraph (a) of paragraph 1 shall be applied mutatis mutandis when under the Restricted Areas Law or the Air Traffic Law utilization contracts, toleration contracts or similar contracts are concluded in the interests of a force, or when agreements are concluded on the amount of compensation payable in respect of restricted areas (Schutzbereichentschädigungen).

2. With respect to paragraph 2 of Article 48 and without prejudice to the arrangements set forth in subparagraphs (a) and (b) of paragraph 5 of that Article, the authorities of a sending State shall in special cases, at the request of the Federal Government, enter into negotiations for the release or exchange of accommodation which was in the possession of a force or a civilian component at noon on 5 May 1955, in order to take into account essential German civilian interests and in particular the exigencies of town and country planning (Raumordnung und Städtebau), nature preservation, and farming and economic interests. The authorities of the sending State shall in this give sympathetic consideration to requests by the Federal Government.

3. With respect to paragraph 2 and subparagraph (c) of paragraph 5 of Article 48, the following shall apply: In order to avoid difficulties in cases in which, in respect of accommodation made available to a force or to a civilian component for use, the legal relationship with the owner or other entitled person ends, and in order to facilitate the implementation by the Federal Republic of the undertaking set forth in the first sentence of paragraph 2 of Article 48, the German authorities and the authorities of the force shall maintain constant and close contact with each other. The authorities of the force shall inform the German authorities as early as possible if in such a case there is a continuing accommodation requirement beyond the date on which the legal relationship ends. In order that the authorities of the force will be able so to state, the German authorities shall as early as possible, and to the extent necessary, inform the authorities of the force that the legal relationship with the owner or other entitled person will lapse, and when; this shall apply especially in cases where the legal relationship ends otherwise than by expiration of a lease or rent contract.

4. The details with regard to the use of accommodation referred to in the first sentence of subparagraph (a) of paragraph 3 of Article 48 shall be taken to mean, in particular, duration of availability, utilization, responsibility for repairs, maintenance, and traffic safety measures, as well as any financial arrangements which may be necessary within the framework of the NATO Status of Forces Agreement and the Supplementary Agreement.

5.(a) In the agreements required under subparagraph (b) of paragraph 3 of Article 48 the data on the equipment of the accommodation legally owned by the Federation or a Land (rechtlich im Eigentum des Bundes oder eines Landes stehend)--except accommodation of the German Federal Railways or German Federal Post--shall cover only those objects, the removal of which under Article 50 requires the consent of, or prior notification to, the German authorities. The state of preservation of accommodation shall, at the request of the authorities of the force concerned, be expressed in general terms, such as "good", "moderate", or "bad".

(b) Further procedural and technical details shall, to the extent necessary, be governed by administrative agreement.

6. The obligation under paragraph 4 of Article 48 to carry out repair and maintenance shall not include the reconstruction of a building wholly or largely destroyed by act of God.

7. The negotiations which in application of subparagraph (a) of paragraph 5 of Article 48 take place between the authorities of a force and the German authorities concerning the question of whether alternative accommodation offered by the Federal Republic satisfies the requirements of the force or the civilian component, shall extend, as far as necessary, to financial questions arising in this connection.

Article 49

1. The programs of construction projects necessary to cover the requirements of a force or of a civilian component shall be transmitted to the German authorities competent for Federal building by the authorities of the force or of the civilian component.

2. Construction works shall be carried out by the German authorities competent for Federal building in accordance with German legal provisions and administrative regulations in force, and in accordance with special administrative agreements.

3. Notwithstanding the provisions of paragraph 2 of this Article, the authorities of a force or of a civilian component may carry out, in accordance with special administrative agreements existing on the entry into force of the present Agreement or which are concluded or amended thereafter, in consultation with the German authorities

(a) repairs and maintenance work,

(b) construction works which require special security measures,

(c) very minor construction works; and, in agreement with the German authorities

(d) minor construction works,

(e) exceptionally, construction works in other cases

with their own personnel or by placing contracts direct with contractors. In carrying out such works, the authorities of the force or of the civilian component shall respect German building and environmental regulations and shall ensure, in cooperation with the German authorities referred to in paragraph 2 of this Article, that the necessary permissions are obtained. Furthermore they shall take into consideration the principles applying in the Federal Republic regarding public construction.

4. Deleted

5. The authorities of the force or of the civilian component and the German authorities shall agree concerning the form and extent of the consultation envisaged in paragraph 3 of this Article.

6. When the work referred to in paragraph 2 of this Article is carried out on behalf of a force or a civilian component by the German authorities,

(a) the authorities of the force or of the civilian component may, where they consider it necessary, participate in the drafting of the plans or may furnish plans and specifications themselves;

(b) the method of award of the contract and, in the case of limited tender, the number and identity of the contractors to be invited, shall be agreed between the German authorities and the authorities of the force or of the civilian component.

(c) the contract shall be awarded only after the authorities of the force or of the civilian component have given their consent in writing;

(d) the authorities of the force or of the civilian component shall be permitted to participate in inspections of building work and shall have access to building plans and all relevant documents and accounts;

(e) the German authorities shall, unless it is otherwise agreed, confirm to contractors the satisfactory completion of major sections of the work only in agreement with the authorities of the force or of the civilian component; in particular, the German authorities shall obtain the written consent of the authorities of the force or of the civilian component before releasing the contractor from his contractual obligations;

(f) the sending State shall reimburse the Federal Republic in respect of

(i) any expenditure incumbent upon the Federal Republic under German law relating to public contracts, provided that expenditure arising from settlements out of court shall be reimbursed only if the force has consented to the settlement;

(ii) ex gratia payments made with the consent of the force;

(iii) expenditure, which cannot be charged to the contractor, arising from measures taken by the German authorities in cases of emergency in order to safeguard the interests of the force or of the civilian component;

(g) the necessary funds shall be made available by the authorities of the force and of the civilian component in time to permit payment to be made on due dates;

(h) the authorities of the force or of the civilian component shall be entitled, in a manner to be agreed, to audit documents relative to payments made by the competent German payment agencies;

(i) the sending States shall compensate the German authorities, in accordance with administrative agreements, for the special services performed by the latter in connection with the implementation of construction works (construction planning, supervision and inspection).

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