BWBV0004959
Geldig vanaf 11-06-1956
Artikel 36
Notawisseling tussen de Nederlandse en de Britse Regering inzake de uitoefening van rechten en verplichtingen welke ten aanzien van de in de Bondsrepubliek Duitsland gestationeerde Nederlandse militaire eenheden voortvloeien uit twee op 26 mei 1952 te Bonn gesloten en op 23 oktober 1954 te Parijs herziene Verdragen
1. Subject to the provision of this Article
(a) non-German organisations of a non-commercial character organised by the Forces or the Power concerned for the benefit of the members of the Forces, or which serve the welfare of the Forces may be assimilated in whole or in part to the Forces, after notification to the German authorities, which notification shall state that such organisations are in the service of the Forces;
(b) if such organisation is a club, it may be assimilated only to the extent that it is part of the catering or sports arrangements of the Forces.
2. The Forces may make use of non-German commercial enterprises provided that their military needs cannot be satisfied by German enterprises. Such enterprises may be assimilated to the Forces,
(a) after notification to the German authorities, if they provide technical services under contract for the Forces, and
(b) in all other cases after consultation with the German authorities.
3. Employees of the organisations mentioned in paragraph 1 of this Article and of the enterprises mentioned in sub-paragraph (a) of paragraph 2 of this Article (other than Germans, and persons who are nationals neither of one of the Three Powers nor of another Sending State and have been engaged in the Federal territory) may similarly be assimilated to members of the Forces.
4. Assimilation to the Forces and their members shall be permitted only so far as the organisations, enterprises or employees are exclusively serving the Forces and to the extent that such assimilation is necessary for their contribution to the accomplishment of the defence mission of the Forces. The extent of such assimilation shall be stated in the notification or during the consultation. It may be restricted through further understandings to the necessary measure. The organisations, enterprises and employees may not engage in private commercial activities. The authorities of the Forces shall co-operate with the Federal Government in taking appropriate measures against misuse of these rights.
5. The assimilation of commercial enterprises referred to in subparagraph (b) of paragraph 2 of this Article shall be limited to the following:
(a) licensing and registering of motor vehicles in accordance with Article 17 of the present Convention;
(b) accommodation in accordance with Article 38;
(c) the right, under Article 34, to bring into the Federal territory, free from customs duties and other Federal taxes, goods to be sold to the Forces or to be placed at the disposal of the Forces;
(d) exemption from taxation under paragraphs 1 and 2 of Article 33 of the present Convention insofar as deliveries and other services by such undertakings to the Forces are concerned; in all other respects taxation shall be governed by the Agreement referred to in Article 33;
(e) use of transportation and communication facilities of the Forces in accordance with Articles 17 and 18;
(f) exemption, in respect of their services to the Forces, from German legislation on trade licensing and foreign companies;
(g) issuance of the necessary foreign exchange permits to enable them to carry out their functions, and the right to possess and use military scrip.
6. If employees of the organisations and enterprises under paragraphs 1 and 2 of this Article are also members of the Forces as defined in sub-paragraph (b) of paragraph 7 of Article 1 of the present Convention, the Forces may limit the extent to which the provisions of the present Convention apply to such employees. In this connection they shall take into consideration the recommendations of the German authorities.
7. The number of employees of the organisations and enterprises serving the Forces may not be increased by more than 100 per cent, of the number present at the entry into force of the present Convention, except in agreement with the German authorities.
(a) non-German organisations of a non-commercial character organised by the Forces or the Power concerned for the benefit of the members of the Forces, or which serve the welfare of the Forces may be assimilated in whole or in part to the Forces, after notification to the German authorities, which notification shall state that such organisations are in the service of the Forces;
(b) if such organisation is a club, it may be assimilated only to the extent that it is part of the catering or sports arrangements of the Forces.
2. The Forces may make use of non-German commercial enterprises provided that their military needs cannot be satisfied by German enterprises. Such enterprises may be assimilated to the Forces,
(a) after notification to the German authorities, if they provide technical services under contract for the Forces, and
(b) in all other cases after consultation with the German authorities.
3. Employees of the organisations mentioned in paragraph 1 of this Article and of the enterprises mentioned in sub-paragraph (a) of paragraph 2 of this Article (other than Germans, and persons who are nationals neither of one of the Three Powers nor of another Sending State and have been engaged in the Federal territory) may similarly be assimilated to members of the Forces.
4. Assimilation to the Forces and their members shall be permitted only so far as the organisations, enterprises or employees are exclusively serving the Forces and to the extent that such assimilation is necessary for their contribution to the accomplishment of the defence mission of the Forces. The extent of such assimilation shall be stated in the notification or during the consultation. It may be restricted through further understandings to the necessary measure. The organisations, enterprises and employees may not engage in private commercial activities. The authorities of the Forces shall co-operate with the Federal Government in taking appropriate measures against misuse of these rights.
5. The assimilation of commercial enterprises referred to in subparagraph (b) of paragraph 2 of this Article shall be limited to the following:
(a) licensing and registering of motor vehicles in accordance with Article 17 of the present Convention;
(b) accommodation in accordance with Article 38;
(c) the right, under Article 34, to bring into the Federal territory, free from customs duties and other Federal taxes, goods to be sold to the Forces or to be placed at the disposal of the Forces;
(d) exemption from taxation under paragraphs 1 and 2 of Article 33 of the present Convention insofar as deliveries and other services by such undertakings to the Forces are concerned; in all other respects taxation shall be governed by the Agreement referred to in Article 33;
(e) use of transportation and communication facilities of the Forces in accordance with Articles 17 and 18;
(f) exemption, in respect of their services to the Forces, from German legislation on trade licensing and foreign companies;
(g) issuance of the necessary foreign exchange permits to enable them to carry out their functions, and the right to possess and use military scrip.
6. If employees of the organisations and enterprises under paragraphs 1 and 2 of this Article are also members of the Forces as defined in sub-paragraph (b) of paragraph 7 of Article 1 of the present Convention, the Forces may limit the extent to which the provisions of the present Convention apply to such employees. In this connection they shall take into consideration the recommendations of the German authorities.
7. The number of employees of the organisations and enterprises serving the Forces may not be increased by more than 100 per cent, of the number present at the entry into force of the present Convention, except in agreement with the German authorities.
- Citeren als
- Art. 36
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0004959
- Officiële bron
- wetten.overheid.nl