Common use of Primo Clause in Contracts

Primo. In accordance with the provisions of paragraph 4bis of the Section of the Protocol of Signature referring to Article 53 of the present Agreement, and without prejudice to the provisions of subparagraph (a) of paragraph 10 of Article VII of the NATO Status of Forces Agreement, German police may exercise their authority within accommodation made available to a force or a civilian component for its exclusive use to the extent that the public order and safety of the Federal Republic are jeopardized or violated. Where a criminal prosecution measure (Strafverfolgungsmassnahme) is to be carried out within such accommodation, the sending State, following consultation with the German authorities concerning the modalities, may also have the measure carried out by its own police. In this case, the measure shall be carried out without delay and, where desired by the German side, in the presence of representatives of German authorities. 1. The military police of a force shall have the right to patrol on public roads, on public transport, in restaurants (Gastätten) and in all other places to which the public has access and to take such measures with respect to the members of a force, of a civilian component or dependents as are necessary to maintain order and discipline. Insofar as it is necessary or expedient the details of this right shall be agreed upon between the German authorities and the authorities of the force who shall maintain close mutual liaison. 2. If public order and safety are endangered or disturbed by an incident in which members of a force or of a civilian component or dependents are involved, the military police of a force shall, if so requested by the German authorities, take appropriate measures with respect to such persons to maintain or restore order and discipline. 1. The Federal Republic shall bring about such legislative measures as it deems necessary to ensure the adequate security and protection within its territory of the forces, of the civilian components and of their members. This shall also apply to the Armed Forces of a sending State stationed in Berlin, to the civilian component thereof and to their members with regard to offences committed within the Federal territory. 2. To implement paragraph 11 of Article VII of the NATO Status of Forces Agreement and paragraph 1 of this Article the Federal Republic shall, in particular, (a) ensure, in accordance with the provisions of German criminal law on treason, the protection of military secrets of the sending States; (b) ensure, by way of criminal law, the protection of a force, a civilian component and their members to an extent not inferior to the protection which is or will be afforded to the German Armed Forces in the following fields: (i) influencing the force, the civilian component or their members with intent to undermine their willingness to serve; (ii) exposing the force to contempt; (iii) inducement to disobedience; (iv) inducement to desertion; (v) facilitation of desertion; (vi) sabotage; (vii) collection of information concerning military matters; (viii) operation of a military intelligence service; (ix) reproduction or description of military equipment, military installations or facilities, or of military activities; (x) taking of aerial photographs. 3. For the purposes of subparagraph (a) of paragraph 2 of this Article, the term "military secrets" shall mean such facts, objects, conclusions and discoveries, in particular writings, drawings, models, formulae, or information about them, as concern defense and are kept secret by an agency of a sending State located on Federal territory or in Berlin out of consideration for the security of that State or of its force, or its Armed Forces stationed in Berlin. The term shall not include objects in respect of which the decision about keeping them secret is a matter for the Federal Republic, or information concerning such objects.