BWBV0005381
Geldig vanaf 29-03-1998
Artikel 19
Aanvullende Overeenkomst bij het Verdrag tussen de Staten die partij zijn bij het Noordatlantische Verdrag nopens de rechtspositie van hun krijgsmachten, met betrekking tot de in de Bondsrepubliek Duitsland gestationeerde buitenlandse krijgsmachten
1. At the request of a sending State, the Federal Republic shall, within the framework of sub-paragraph (c) of paragraph 3 of Article VII of the NATO Status of Forces Agreement, waive in favour of that State the primary right granted to the German authorities under sub-paragraph (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 sub-paragraph a) of paragraph 3 of Article VII of the NATO Status of Forces Agreement with respect to individual offences referred to in sub-paragraph 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 sub-paragraph 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 sub-paragraph 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.
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 sub-paragraph a) of paragraph 3 of Article VII of the NATO Status of Forces Agreement with respect to individual offences referred to in sub-paragraph 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 sub-paragraph 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 sub-paragraph 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.
- Citeren als
- Art. 19
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0005381
- Officiële bron
- wetten.overheid.nl