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12937 Germany - Arrangement Relating to the Status of Troop Care Enterprises and their Employees under Article 72, Paragraph 4 of the Supplementary Agreement of August 3, 1959 to the NATO Status of Forces Agreement


   
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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

EMBASSY OF THE
UNITED STATES OF AMERICA
Bonn, March 27, 1998
No. 146
Mr. State Secretary:
With reference to the discussions between
representatives of the Governments of the Federal
Republic of Germany and the United States of
America, I have the honor to advise you of the
following:
In order to provide medical, social and
career related services to members of the United
States Forces stationed in the Federal Republic of
Germany, members of its civilian component and the
dependents of both, as defined in the NATO Status
of Forces Agreement (NATO SOFA), the Government of
the United States of America intends to conclude
contracts with a number of enterprises for the
provision of such services (hereinafter referred
to as Troop Care).
The Government of the United States of
America would appreciate if, in order to
facilitate their activities, the employees of such
enterprises could be accorded the exemptions and
benefits specified in Article 72 paragraph (5) of
the NATO SOFA Supplementary Agreement (SA). On
- 2 -
behalf of the Government of the United States of
America I therefore have the honor to propose that
an Arrangement be concluded pursuant to Article 72
paragraph (4) of the NATO SOFA SA, which shall lay
down the following general conditions relating to
the legal status of such enterprises and their
employees, as well as their activities in the
Federal Republic of Germany:
1. Enterprises charged with providing Troop Care
services shall exclusively serve members of
the United States Forces, members of its
civilian component and the dependents of
both. Article 72 paragraph (3) of the NATO
SOFA SA shall not apply. The activities of
such enterprises shall be restricted to the
provision of Troop Care services which cannot
be undertaken by German enterprises without
prejudice to the military requirements of the
United States Forces. Such services shall
comprise the services of physicians,
dentists, dental hygienists, medical services
coordinators, physical and occupational
therapists, clinical child psychologists,
early intervention special educators and
early intervention project managers, social
workers, speech-language therapists and
audiologists, psychotherapists, certified
nurses, family advocacy counselors, family
wellness counselors, family service
coordinators, drug abuse counselors, persons
- 3 -
engaged in military career and occupational
counseling, testing and training. If
necessary, both sides can enter into
consultations with the intention of changing
this list of professions by an additional
exchange of notes.
2. a) The Government of the United States of
America shall ensure that the
enterprises charged with providing
Troop Care services employ only
suitably qualified members of the
professions referred to in number 1
above.
b) The total number of such employees
charged with providing Troop Care
services to members of the United
States Forces stationed in the Federal
Republic of Germany, members of its
civilian component and the dependents
of both shall be reasonable and
relevant to the number of such
members.
c) It is agreed that neither Article 72
of the NATO SOFA SA nor the present
Arrangement entitles individual
enterprises to be granted status
pursuant to Article 72 paragraph (4)
of the NATO SOFA SA. Such status
- 4 -
shall be granted only on an individual
basis by separate arrangement. The
German authorities will give
sympathetic and expeditious treatment
to applications for such status.
3. Without prejudice to Article 72 paragraph (6)
of the NATO SOFA SA enterprises granted
status following the conclusion of such
arrangements shall enjoy the exemptions and
benefits listed in Article 72 of the NATO
SOFA SA with the following restrictions:
a) The parties agree that exemption from
customs, taxes, import and re-export
restrictions and foreign exchange
control is not necessary for the
performance of the tasks of the
enterprises charged with providing
Troop Care services. Privileges
pursuant to Article 72, paragraph 1,
letter (a) NATO SOFA SA shall
therefore not be granted to the
enterprises.
b) Moreover, the enterprises charged with
providing Troop Care services shall be
accorded no exemptions from the
provisions of industrial safety law.
Within the limits of their discretion,
the responsible German authorities
- 5 -
shall allow exceptions to the relevant
industrial safety regulations (in
particular under Section 3 of the
Accident Prevention Regulation
"General Regulations") for such
facilities belonging to enterprises
charged with providing Troop Care
services as are located in
accommodation made available for the
exclusive use of the United States
Forces.
4. The Government of the United States of
America and the Government of the Federal
Republic of Germany agree that the needs for
accommodation and office space of enterprises
charged with providing Troop Care services
will not be met by the Federal Republic of
Germany. Where such enterprises make use of
accommodation made available by the Federal
Republic of Germany to the United States
Forces, the latter may not profit therefrom
economically. The Federal Republic of
Germany shall be entitled to any compensation
paid by enterprises charged with providing
Troop Care services for such use.
Enterprises charged with providing Troop Care
services shall not be entitled to any special
legal status on account of shared use of
accommodation made available to the United
States Forces. The provisions of Article 53
- 6 -
of the NATO SOFA SA shall not apply to
enterprises charged with providing Troop Care
services.
5. a) Employees of enterprises charged with
providing Troop Care services shall,
if they exclusively serve such
enterprises, enjoy the same exemptions
and benefits as those granted members
of the civilian component of the
United States Forces, unless the
United States of America restrict such
exemptions and benefits.
b) The Government of the United States of
America commits itself, pursuant to
Article 72, paragraph (5), letter (a),
and paragraph (6) of the NATO SOFA SA
to fully withdraw from such employees
as do not fall within the meaning of
number 1 above the exemptions and
benefits accorded members of the
civilian component under the NATO SOFA
SA. Individuals who meet the
prerequisites of number 1 and who have
already enjoyed exemptions and
benefits shall not have the exemptions
and benefits and the ensuing financial
gains actually granted prior to the
date of this Arrangement
retroactively withdrawn. As far as
- 7 -
these individuals are concerned, the
periods during which they were
employed until the time when the
contractor was granted the privileges
in accordance with Article 72
paragraph (4), NATO SOFA SA regarding
Troop Care will not be considered when
the reason for exclusion in accordance
with Article 72, paragraph (5), letter
(b) (iv) NATO SOFA SA is being
assessed.
c) Exemptions and benefits shall not be
accorded to employees falling within
the scope of Article 72, paragraph
(5), letter (b) of the NATO SOFA SA.
Specifically, pursuant to Article 72,
paragraph (5), letter (b) (iv) NATO
SOFA SA, only such individuals as who
on commencing their work are not
ordinarily resident in the territory
of the Federal Republic of Germany may
be granted status.
d) Before an employee who is to be
accorded the exemptions and benefits
which apply to the civilian component
pursuant to the NATO SOFA SA commences
his/her work with the enterprise
charged with providing Troop Care
services, the responsible authorities
- 8 -
of the U.S. Forces shall communicate
to the authorities of the Land in
question the following information:
aa) Personal details:
name, date of birth,
nationality, passport number,
social security number, home
address and telephone number
in Germany, and family status;
bb) Family members:
Spouse's nationality, in the
case of Germans, name and
birth name, if different,
number of children and
dependents living in the
employee's household;
cc) Professional details:
Name, German civilian company
address and telephone number
of the enterprise charged with
providing Troop Care, place of
work, civilian work address
and telephone number,
description of official
duties, starting and estimated
end date of employment (copy
of employment contract or
offer and acceptance);

- 9 -
dd) Proof of professional
qualifications and a
curriculum vitae prepared by
the employee;
ee) Declaration as to whether the
employee concerned has ever
held a German work permit
(issuing authority, period of
validity and type of work
permit);
ff) Declaration by the employee
that he/she has no intention
of becoming ordinarily
resident in the Federal
Republic of Germany.
e) The responsible Land authority shall, as
soon as possible, normally not later than
four weeks, after receiving information
concerning individual employees, respond
thereto in writing, stating the reasons
for any objections, provided the
individuals concerned agree. If no
response is given within six weeks, it
shall be assumed that no objections exist.
If objections are raised, the authorities
of the Land and the U.S. Forces shall, in
principle, within one week discuss
- 10 -
whether, with reference to this Exchange
of Notes and pursuant to the general
conditions agreed therein, the exemptions
and benefits under Article 72, paragraph
(5) of the NATO SOFA SA are to be granted
to the employees concerned. Should no
agreement be reached during these
discussions, the outcome shall be
communicated to the employer and to the
individual employee. The Federal Foreign
Office, as well as the authorities of the
financial, customs, Federal property,
employment, and general internal as well
as the social security administrations
shall be informed.
f) The outcome of these discussions shall not
affect the right of the responsible German
authorities, including financial
authorities, to check specifically the
nationality of the employee in question
and his/her actual work, as well as the
exclusivity of this work with the
enterprise charged with providing Troop
Care services. This shall include
external checks with the enterprise
charged with providing Troop Care
services. They shall, however, be bound
by the judgment reached by the competent
Land authority following discussions
unless the facts concerning the
- 11 -
information conveyed by the authorities of
the U.S. Forces relating to the employee
in question or concerning the non-
eligibility grounds pursuant to Article
72, paragraph (5), letter (b) of the NATO
SOFA SA were misrepresented or incomplete.
g) The responsible authorities of the U.S.
Forces shall inform the authorities of
the Land in question if they withdraw all
or part of the exemptions and benefits
afforded to an employee of an enterprise
charged with providing Troop Care
services.
6. The Embassy of the United States of America
shall notify the Federal Foreign Office of
the place of business in the Federal Republic
of Germany of enterprises charged with
providing Troop Care services, of the number
of privileged and non-privileged employees of
such enterprises, of their place of work, and
of changes that may occur. Such notification
shall take place annually in December.
7. The Embassy of the United States of America
shall notify the Federal Foreign Office if
the authorities of the United States Forces
withdraw all or part of the exemptions and
benefits accorded to any enterprises charged
with providing Troop Care services.
- 12 -
8. The parties to the present Arrangement shall
state the agencies nominated as the
responsible authorities and their addresses.
9. A consultative commission, co-chaired by the
Federal Foreign Office and the Embassy of the
United States of America, shall meet
periodically to review implementation of this
Arrangement and address problems raised by
either party. In cases of lack of agreement
between representatives of the Lander and of
the U.S. Forces over the terms used in this
Arrangement or over its application, the
consultative commission shall meet at the
earliest opportunity following receipt of a
written request from either representatives
of the Lander or of the U.S. Forces to seek
resolution and issue a written report signed
by the co-chairmen. If possible, the report
should contain a written recommendation.
10. This Arrangement shall be concluded in
English and German languages, both texts
being equally authentic.
If the Government of the Federal Republic of
Germany agrees to the proposals contained in
numbers 1 to 10, this Note and the Note in reply
thereto expressing your Government's agreement
shall constitute an Arrangement between our two
- 13 -
Governments under Article 72, paragraph (4) of the
NATO SOFA SA, which shall enter into force on the
date of your Note in reply.
Please accept, Mr. State Secetary, the
assurance of my highest consideration.
John C. Kornblum, Ambassador
Dr. Hans-Friedrich v. Ploetz,
State Secretary of the Foreign Office of the
Federal Republic of Germany,
Bonn.
THE STATE SECRETARY
IN THE FEDERAL FOREIGN OFFICE Bonn, March 27, 1998
Mr. Ambassador:
I have the honor to confirm receipt of your Note No. 146 of March 27, 1998 with which you
propose on behalf of your Government an Arrangement between the Government of the
United States of America and the Government of the Federal Republic of Germany. Your
Note reads as follows:
"Mr. State Secretary:
With reference to the discussions between representatives of the Governments of the Federal
Republic of Germany and the United States of America, I have the honor to advise you of the
following:
In order to provide medical, social and career related services to members of the United States
Forces stationed in the Federal Republic of Germany, members of its civilian component and
the dependents of both, as defined in the NATO Status of Forces Agreement (NATO SOFA),
the Government of the United States of America intends to conclude contracts with a number
of enterprises for the provision of such services (hereinafter referred to as Troop Care).
The Government of the United States of America would appreciate if, in order to facilitate
their activities, the employees of such enterprises could be accorded the exemptions and
benefits specified in Article 72 paragraph (5) of the NATO SOFA Supplementary Agree-
ment (SA). On behalf of the Government of the United States of America I therefore have the
honor to propose that an Arrangement be concluded pursuant to Article 72 paragraph (4) of
the NATO SOFA SA, which shall lay down the following general conditions relating to the
The Honorable
John C. Kornblum
Ambassador of the United States
of America
Bonn
-2-
legal status of such enterprises and their employees, as well as their activities in the Federal
Republic of Germany:
1. Enterprises charged with providing Troop Care services shall exclusively serve members
of the United States Forces, members of its civilian component and the dependents of
both. Article 72 paragraph (3) of the NATO SOFA SA shall not apply. The activities of
such enterprises shall be restricted to the provision of Troop Care services which cannot
be undertaken by German enterprises without prejudice to the military requirements of
the United States Forces. Such services shall comprise the services of physicians,
dentists, dental hygienists, medical services coordinators, physical and occupational
therapists, clinical child psychologists, early intervention special educators and early
intervention project managers, social workers, speech-language therapists and
audiologists, psychotherapists, certified nurses, family advocacy counselors, family
wellness counselors, family service coordinators, drug abuse counselors, persons engaged
in military career and occupational counseling, testing and training. If necessary, both
sides can enter into consultations with the intention of changing this list of professions by
an additional exchange of notes.
2. a) The Government of the United States of America shall ensure that the enterprises
charged with providing Troop Care services employ only suitably qualified members
of the professions referred to in number 1 above.
b) The total number of such employees charged with providing Troop Care services to
members of the United States Forces stationed in the Federal Republic of Germany,
members of its civilian component and the dependents of both shall be reasonable
and relevant to the number of such members.
c) It is agreed that neither Article 72 of the NATO SOFA SA nor the present Arrange-
ment entitles individual enterprises to be granted status pursuant to Article 72 para-
graph (4) of the NATO SOFA SA. Such status shall be granted only on an individual
basis by separate arrangement. The German authorities will give sympathetic and ex-
peditious treatment to applications for such status.
- 3 -
3. Without prejudice to Article 72 paragraph (6) of the NATO SOFA SA enterprises granted
status following the conclusion of such arrangements shall enjoy the exemptions and
benefits listed in Article 72 of the NATO SOFA SA with the following restrictions:
a) The parties agree that exemption from customs, taxes, import and re-export restric-
tions and foreign exchange control is not necessary for the performance of the tasks
of the enterprises charged with providing Troop Care services. Privileges pursuant to
Article 72, paragraph (1), letter (a) NATO SOFA SA shall therefore not be granted to
the enterprises.
b) Moreover, the enterprises charged with providing Troop Care services shall be
accorded no exemptions from the provisions of industrial safety law. Within the
limits of their discretion, the responsible German authorities shall allow exceptions to
the relevant industrial safety regulations (in particular under Section 3 of the
Accident Prevention Regulation "General Regulations") for such facilities belonging
to enterprises charged with providing Troop Care services as are located in
accommodation made available for the exclusive use of the United States Forces.
4. The Government of the United States of America and the Government of the Federal
Republic of Germany agree that the needs for accommodation and office space of enter-
prises charged with providing Troop Care services will not be met by the Federal
Republic of Germany. Where such enterprises make use of accommodation made
available by the Federal Republic of Germany to the United States Forces, the latter may
not profit therefrom economically. The Federal Republic of Germany shall be entitled to
any compensation paid by enterprises charged with providing Troop Care services for
such use. Enterprises charged with providing Troop Care services shall not be entitled to
any special legal status on account of shared use of accommodation made available to the
United States Forces. The provisions of Article 53 of the NATO SOFA SA shall not
apply to enterprises charged with providing Troop Care services.
5. a) Employees of enterprises charged with providing Troop Care services shall, if they
exclusively serve such enterprises, enjoy the same exemptions and benefits as those
granted members of the civilian component of the United States Forces, unless the
United States of America restrict such exemptions and benefits.
-4-
b) The Government of the United States of America commits itself, pursuant to Arti-
cle 72, paragraph (5), letter (a), and paragraph (6) of the NATO SOFA SA to fully
withdraw from such employees as do not fall within the meaning of number 1 above
the exemptions and benefits accorded members of the civilian component under the
NATO SOFA SA. Individuals who meet the prerequisites of number 1 and who have
already enjoyed exemptions and benefits shall not have the exemptions and benefits
and the ensuing financial gains actually granted prior to the date of this Arrangement
retroactively withdrawn. As far as these individuals are concerned, the periods during
which they were employed until the time when the contractor was granted the
privileges in accordance with Article 72 paragraph (4), NATO SOFA SA regarding
Troop Care will not be considered when the reason for exclusion in accordance with
Article 72, paragraph (5), letter (b) (iv) NATO SOFA SA is being assessed.
c) Exemptions and benefits shall not be accorded to employees falling within the scope
of Article 72, paragraph (5), letter (b) of the NATO SOFA SA. Specifically, pursuant
to Article 72, paragraph (5), letter (b) (iv) NATO SOFA SA, only such individuals as
who on commencing their work are not ordinarily resident in the territory of the Fed-
eral Republic of Germany may be granted status.
d) Before an employee who is to be accorded the exemptions and benefits which apply
to the civilian component pursuant to the NATO SOFA SA commences his/her work
with the enterprise charged with providing Troop Care services, the responsible
authorities of the U.S. Forces shall communicate to the authorities of the Land in
question the following information:
aa) Personal details:
Name, date of birth, nationality, passport number, social security number, home
address and telephone number in Germany, and family status;
bb) Family members:
Spouse's nationality, in the case of Germans, name and birth name, if different,
number of children and dependents living in the employee's household;
cc) Professional details:
Name, German civilian company address and telephone number of the enterprise
charged with providing Troop Care, place of work, civilian work address and
-5-
telephone number, description of official duties, starting and estimated end date
of employment (copy of employment contract or offer and acceptance);
dd) Proof of professional qualifications and a curriculum vitae prepared by the
employee;
ee) Declaration as to whether the employee concerned has ever held a German work
permit (issuing authority, period of validity and type of work permit);
ff) Declaration by the employee that he/she has no intention of becoming ordinarily
resident in the Federal Republic of Germany.
e) The responsible Land authority shall, as soon as possible, normally not later than
four weeks, after receiving information concerning individual employees, respond
thereto in writing, stating the reasons for any objections, provided the individuals
concerned agree. If no response is given within six weeks, it shall be assumed that no
objections exist. If objections are raised, the authorities of the Land and the
U.S. Forces shall, in principle, within one week discuss whether, with reference to
this Exchange of Notes and pursuant to the general conditions agreed therein, the
exemptions and benefits under Article 72, paragraph (5) of the NATO SOFA SA are
to be granted to the employees concerned. Should no agreement be reached during
these discussions, the outcome shall be communicated to the employer and to the
individual employee. The Federal Foreign Office, as well as the authorities of the
financial, customs, Federal property, employment, and general internal as well as the
social security administrations shall be informed.
f) The outcome of these discussions shall not affect the right of the responsible German
authorities, including financial authorities, to check specifically the nationality of the
employee in question and his/her actual work, as well as the exclusivity of this work
with the enterprise charged with providing Troop Care services. This shall include
external checks with the enterprise charged with providing Troop Care services. They
shall, however, be bound by the judgment reached by the competent Land authority
following discussions unless the facts concerning the information conveyed by the
authorities of the U.S. Forces relating to the employee in question or concerning the
non-eligibility grounds pursuant to Article 72, paragraph (5), letter (b) of the NA-
TO SOFA SA were misrepresented or incomplete.
-6-
g) The responsible authorities of the U.S. Forces shall inform the authorities of the Land
in question if they withdraw all or part of the exemptions and benefits afforded to an
employee of an enterprise charged with providing Troop Care services.
6. The Embassy of the United States of America shall notify the Federal Foreign Office of
the place of business in the Federal Republic of Germany of enterprises charged with
providing Troop Care services, of the number of privileged and non-privileged employees
of such enterprises, of their place of work, and of changes that may occur. Such
notification shall take place annually in December.
7. The Embassy of the United States of America shall notify the Federal Foreign Office if
the authorities of the United States Forces withdraw all or part of the exemptions and
benefits accorded to any enterprises charged with providing Troop Care services.
8. The parties to the present Arrangement shall state the agencies nominated as the respon-
sible authorities and their addresses.
9. A consultative commission, co-chaired by the Federal Foreign Office and the Embassy of
the United States of America, shall meet periodically to review implementation of this
Arrangement and address problems raised by either party. In cases of lack of agreement
between representatives of the Lander and of the U.S. Forces over the terms used in this
Arrangement or over its application, the consultative commission shall meet at the
earliest opportunity following receipt of a written request from either representatives of
the Lander or of the U.S. Forces to seek resolution and issue a written report signed by
the co-chairmen. If possible, the report should contain a written recommendation.
10. This Arrangement shall be concluded in English and German languages, both texts being
equally authentic.
If the Government of the Federal Republic of Germany agrees to the proposals contained in
numbers 1 to 10, this Note and the Note in reply thereto expressing your Government's
agreement shall constitute an Arrangement between our two Governments under Article 72,
paragraph (4) of the NATO SOFA SA, which shall enter into force on the date of your Note in
reply.
-7-
Please accept, Mr. State Secretary, the assurance of my highest consideration."
I have the honor to inform you that my Government agrees to the proposals contained in your
Note. Your Note and this Note in reply therefore constitute an Arrangement between our two
Governments, which enters into force on the date of this Note and the German and English
texts of which are equally authentic.
Please accept, Mr. Ambassador, the assurance of my high consideration.

 

 

 


 

 

 

 

 

 

 

NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 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.”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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.



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