(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)
The United States of America, the United Kingdom of Great Britain and Northern Ireland, the French Republic and the Federal Republic of Germany agree as follows:—
Article 1. Definitions
In the present Convention and the Annexes hereto the following terms shall be given the meanings hereinafter indicated:
1. The Federal territory: The territory in which the Federal Republic exercises jurisdiction, including its waters and the air space over such territory and waters.
2. The Three Powers: The United States of America, the United Kingdom of Great Britain and Northern Ireland and the French Republic.
3. Other Sending State: Any Power, other than one of the Three Powers, which, by agreement with the Three Powers or any one of them, has Forces stationed in the Federal territory on the entry into force of the present Convention; and any other Power which may in future have Forces stationed in the Federal territory,
(a) if before the entry into force of the arrangements for the German Defence Contribution, by agreement with the Three Powers, or any one of them, so far as such other Power does not, with the consent of the Three Powers, conclude a separate Convention with the Federal Republic concerning the status of its Forces, and
(b) if after the entry into force of the arrangements for the German Defence Contribution, by agreement with the Federal Republic.
4. The Power concerned: That Power whose rights and obligations are concerned in the particular case, namely:
(a) in the case of one of the Three Powers, that Power;
(b) in the case of another Sending State,
(i) that one of the Three Powers which has been named as the Power concerned on the basis of an agreement, to be notified to the Federal Government, between the Sending State and the Three Powers or any one of them; or
(ii) the Sending State itself to the extent to which it assumes vis-à-vis the Federal Republic, by an agreement concluded with the Three Powers or any one of them, after ascertaining the views of the Federal Government, all or certain of the rights and obligations arising out of the present Convention, and gives the Federal Government formal notification thereof; for the remaining rights and obligations, one of the Three Powers to be notified to the Federal Republic in accordance with item (i) of this sub-paragraph.
5. The Forces: The armed Forces of the Three Powers and of other Sending States stationed in the Federal territory.
6. The authorities of the Forces: The authorities of the Forces of the Power concerned.
7. Members of the Forces:
(a) persons who, by reason of their military service relationship, are serving with the armed Forces of the Three Powers or other Sending State and are present in the Federal territory (military personnel);
(b) other persons who are in the service of such armed Forces or attached to them, with the exception of persons who are nationals neither of one of the Three Powers nor of another Sending State and have been engaged in the Federal territory; provided that any such other persons who are stationed outside the Federal territory or Berlin shall be deemed to be members of the Forces only if they are present in the Federal territory on duty (followers).
The following are considered “Members of the Forces”: dependants who are the spouses and children of persons defined in sub-paragraphs (a) and (b) of this paragraph or close relatives who are supported by such persons and for whom such persons are entitled to receive material assistance from the Forces. The definition “Members of the Forces” shall include Germans only if they enlisted or were inducted into, or were employed by, the armed Forces of the Power concerned in the territory of that Power and at that time either had their permanent place of residence there or had been resident there for at least a year.
8. Germans: Germans within the meaning of German law.
9. Accommodation: Land, including all property permanently attached thereto, and all rights of use related to land, including such property, used or to be used by the Forces within the Federal territory.
10. Installations: Land, buildings or part thereof, and all property permanently attached thereto, which, pursuant to the provisions of the present Convention, are allotted for the exclusive use or occupancy (im ausschliesslichen Besitz) of the Forces. This definition shall not apply to Article 20 of the present Convention.
1.
The members of the Forces shall observe German law, and the authorities of the Forces shall undertake and be responsible for the enforcement of German law against them, except as otherwise provided in the present or in any other applicable Convention or agreement.
2.
The members of the Forces shall abstain from any activity inconsistent with the spirit of the present Convention and shall in particular refrain from any political activity.
1.
In asserting the rights and immunities accorded to them under the present Convention, the Forces shall give due consideration to German interests, public and private, particularly by taking into account the capacity of the German economy and the essential domestic and export requirements of the Federal Republic and West Berlin.
2.
The German authorities shall exercise the powers which they have under the Basic Law in the fields of legislation, administration and judicial action so as to ensure the protection and security of the Forces and their members and of the property of the Forces and their members, and to ensure the satisfaction of the requirements of the Forces and the performance of the obligations of the Federal Republic as provided in the present Convention.
3.
The provisions of Annex A to the present Convention shall enter into force simultaneously with the present Convention. They shall apply also to offences committed in the Federal territory against the armed Forces of the Three Powers stationed in Berlin. The Federal Republic shall not reduce the legal protection afforded by the provisions of this Annex.
4.
The German authorities shall not subject or, within the scope of their power, permit the subjection of the Forces and their members, or the property of the Forces and their members, to prejudiced or less favourable treatment, other than that which is, in accordance with international law and practice, established by law with respect to aliens ordinarily resident in the Federal territory.
1.
The authorities of the Forces and the German authorities shall extend full co-operation and assistance to each other to further and safeguard the security of any Power concerned and of the Federal Republic and that of the Forces stationed in the Federal territory, and their members, and of the property of the Forces and their members.
2.
Such co-operation and assistance shall extend, in accordance with an understanding to be reached between the appropriate authorities, to the collection, exchange and protection of the security of all pertinent information.
Article 5. Liaison
The authorities of the Forces and the German authorities shall take appropriate measures to ensure close and reciprocal liaison.
Inhoudsopgave
No. I
ANNEX A. TO SIR F. HOYER MILLAR'S LETTER OF JUNE 11, 1956, TO H.E. MONSIEUR A. LAMPING, AMBASSADOR OF THE NETHERLANDS AT BONN
Article 1. Definitions
Article 2. Observance of German - Law Political Activity
Article 3. General Obligations
Article 4. Reciprocal Assistance and Security
Article 5. Liaison
+ SECTION I. — Criminal Proceedings
+ SECTION II. — Non-Criminal Proceedings
+ SECTION III. — Provisions Common to Criminal and Non-Criminal Proceedings
+ SECTION I. — Rights and Obligations
+ SECTION II. — Support
Article 49
Article 50
Article 51. Review
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