DEFENSE NATO Status of Forces Agreement …

1 TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12937 _____ DEFENSE NATO Status of Forces Agreement Application of Article 72 of Supplementary Agreement Arrangement Between the UNITED STATES OF AMERICA and the FEDERAL REPUBLIC OF germany Effected by Exchange of Notes Dated at Bonn March 27, 1998 NOTE BY THE DEPARTMENT OF STATE Pursuant to Public Law 89 497, approved July 8, 1966 (80 Stat. 271; 1 113) ..the Treaties and Other International Acts Series issued under the authority of the Secretary of State shall be competent evidence .. of the treaties, international agreements other than treaties, and proclamations by the President of such treaties and international agreements other than treaties, as the case may be, therein contained, in all the courts of law and equity and of maritime jurisdiction, and in all the tribunals and public offices of the United States, and of the several States, without any further proof or authentication thereof.

2 FEDERAL REPUBLIC OF germany DEFENSE : NATO Status of Forces Agreement Application of Article 72 of Supplementary Agreement Arrangement effected by exchange of notes Dated at Bonn March 27, 1998; Entered into force March 27, 1998. EMBASSY OF THEUNITED STATES OF AMERICABonn, March 27, 199810. 146Ir. State Secretary:With reference to the discussions betweenrepresentatives of the Governments of the FederalRepublic of germany and the United States ofAmerica, I have the honor to advise you of thefollowing:In order to provide medical, social andcareer related services to members of the UnitedStates Forces stationed in the Federal Republic ofGermany, members of its civilian component and thedependents of both, as defined in the NATO Status3f Forces Agreement (NATO SOFA), the Government ofthe United States of America intends to concludecontracts with a number of enterprises for theprovision of such services (hereinafter referredto as Troop Care).

3 The Government of the United States ofAmerica would appreciate if, in order tofacilitate their activities, the employees of suchenterprises could be accorded the exemptions andbenefits specified in Article 72 paragraph (5) ofthe NATO SOFA Supplementary Agreement (SA). On- 2 -behalf of the Government of the United States ofAmerica I therefore have the honor to propose thatan Arrangement be concluded pursuant to Article 72paragraph (4) of the NATO SOFA SA, which shall laydown the following general conditions relating tothe legal Status of such enterprises and theiremployees, as well as their activities in theFederal Republic of germany :1. Enterprises charged with providing Troop Careservices shall exclusively serve members ofthe United States Forces , members of itscivilian component and the dependents ofboth. Article 72 paragraph (3) of the NATOSOFA SA shall not apply.

4 The activities ofsuch enterprises shall be restricted to theprovision of Troop Care services which cannotbe undertaken by German enterprises withoutprejudice to the military requirements of theUnited States Forces . Such services shallcomprise the services of physicians,dentists, dental hygienists, medical servicescoordinators, physical and occupationaltherapists, clinical child psychologists,early intervention special educators andearly intervention project managers, socialworkers, speech-language therapists andaudiologists, psychotherapists, certifiednurses, family advocacy counselors, familywellness counselors, family servicecoordinators, drug abuse counselors, persons- 3 -engaged in military career and occupational:counseling, testing and training. Ifnecessary, both sides can enter intoconsultations with the intention of changingthis list of professions by an additionalexchange of )The Government of the United States ofAmerica shall ensure that theenterprises charged with providingTroop Care services employ onlysuitably qualified members of theprofessions referred to in number )The total number of such employeescharged with providing Troop Careservices to members of the UnitedStates Forces stationed in the FederalRepublic of germany , members of itscivilian component and the dependentsof both shall be reasonable andrelevant to the number of )It is agreed that neither Article 72of the NATO SOFA SA nor the presentArrangement entitles individualenterprises to be granted statuspursuant to Article 72 paragraph (4)of the NATO SOFA SA.

5 Such Status - 4 -shall be granted only on an individualbasis by separate arrangement. TheGerman authorities will givesympathetic and expeditious treatmentto applications for such Without prejudice to Article 72 paragraph (6)of the NATO SOFA SA enterprises grantedstatus following the conclusion of sucharrangements shall enjoy the exemptions andbenefits listed in Article 72 of the NATOSOFA SA with the following restrictions:a) The parties agree that exemption fromcustoms, taxes, import and re-exportrestrictions and foreign exchangecontrol is not necessary for theperformance of the tasks of theenterprises charged with providingTroop Care services. Privilegespursuant to Article 72, paragraph 1,letter (a) NATO SOFA SA shalltherefore not be granted to ) Moreover, the enterprises charged withproviding Troop Care services shall beaccorded no exemptions from theprovisions of industrial safety the limits of their discretion,the responsible German authorities- 5 -shall allow exceptions to the relevantindustrial safety regulations (inparticular under Section 3 of theAccident Prevention Regulation"General Regulations")

6 For suchfacilities belonging to enterprisescharged with providing Troop Careservices as are located inaccommodation made available for theexclusive use of the United The Government of the United States ofAmerica and the Government of the FederalRepublic of germany agree that the needs foraccommodation and office space of enterprisescharged with providing Troop Care serviceswill not be met by the Federal Republic ofGermany. Where such enterprises make use ofaccommodation made available by the FederalRepublic of germany to the United StatesForces, the latter may not profit therefromeconomically. The Federal Republic ofGermany shall be entitled to any compensationpaid by enterprises charged with providingTroop Care services for such charged with providing Troop Careservices shall not be entitled to any speciallegal Status on account of shared use ofaccommodation made available to the UnitedStates Forces .

7 The provisions of Article 53- 6 -)f the NATO SOFA SA shall not apply toenterprises charged with providing Troop )Employees of enterprises charged withproviding Troop Care services shall,if they exclusively serve suchenterprises, enjoy the same exemptionsand benefits as those granted membersof the civilian component of theUnited States Forces , unless theUnited States of America restrict suchexemptions and )The Government of the United States ofAmerica commits itself, pursuant toArticle 72, paragraph (5), letter (a),and paragraph (6) of the NATO SOFA SAto fully withdraw from such employeesas do not fall within the meaning ofnumber 1 above the exemptions andbenefits accorded members of thecivilian component under the NATO SOFASA. Individuals who meet theprerequisites of number 1 and who havealready enjoyed exemptions andbenefits shall not have the exemptionsand benefits and the ensuing financialgains actually granted prior to thedate of this Arrangementretroactively withdrawn.

8 As far as7 -:hese individuals are concerned, the)eriods during which they wereemployed until the time when the;contractor was granted the privilegesin accordance with Article 72paragraph (4), NATO SOFA SA regardingTroop Care will not be considered when:he reason for exclusion in accordancewith Article 72, paragraph (5), letter(b) (iv) NATO SOFA SA is and benefits shall not beaccorded to employees falling withinthe scope of Article 72, paragraph(5), letter (b) of the NATO SOFA , pursuant to Article 72,paragraph (5), letter (b) (iv) NATOSOFA SA, only such individuals as whoon commencing their work are notordinarily resident in the territoryof the Federal Republic of germany maybe granted ) Before an employee who is to beaccorded the exemptions and benefitswhich apply to the civilian componentpursuant to the NATO SOFA SA commenceshis/her work with the enterprisecharged with providing Troop Careservices, the responsible authoritiesaa)bb)cc)- 8 -of the Forces shall communicateto the authorities of the Land inquestion the following information:Personal details.

9 Name, date of birth,nationality, passport number,social security number, homeaddress and telephone numberin germany , and family Status ;Family members:Spouse's nationality, in thecase of Germans, name andbirth name, if different,number of children anddependents living in theemployee's household;Professional details:Name, German civilian companyaddress and telephone numberof the enterprise charged withproviding Troop Care, place ofwork, civilian work addressand telephone number,description of officialduties, starting and estimatedend date of employment (copyof employment contract oroffer and acceptance);- 9 -dd) Proof of professionalqualifications and acurriculum vitae prepared bythe employee;Declaration as to whether theemployee concerned has everheld a German work permit(issuing authority, period ofvalidity and type of workpermit);ff) Declaration by the employeethat he/she has no intentionof becoming ordinarilyresident in the FederalRepublic of ) The responsible Land authority shall, assoon as possible, normally not later thanfour weeks, after receiving informationconcerning individual employees, respondthereto in writing, stating the reasonsfor any objections; provided theindividuals concerned agree.

10 If noresponse is given within six weeks, itshall be assumed that no objections objections are raised, the authoritiesof the Land and the Forces shall, inprinciple, within one week discussee)- 10 -,whether, with reference to this Exchange)f Notes and pursuant to the general:conditions agreed therein, the exemptionsaid benefits under Article 72, paragraph(5) of the NATO SOFA SA are to be the employees concerned. Should noIgreement be reached during theseiiscussions, the outcome shall becommunicated to the employer and to theindividual employee. The Federal ForeignDffice, as well as the authorities of thefinancial, customs, Federal property,employment, and general internal as wellas the social security administrationsshall be informed.) The outcome of these discussions shall notaffect the right of the responsible Germanauthorities, including financialauthorities, to check specifically thenationality of the employee in questionand his/her actual work, as well as theexclusivity of this work with theenterprise charged with providing TroopCare services.