Response by the Delegation of Austria to the Questionnaire on the Code of Conduct on Politico-Military Aspects of Security

The OSCE Secretariat bears no responsibility for the content of this document FSC.EMI/132/25 and circulates it without altering its content. The distribution by OSCE 13 May 2025 Conference Services of this document is without prejudice to OSCE decisions, as set out in documents agreed by OSCE participating States. ENGLISH only

No. 2025-0.370.783

Annex

N o t e V e r b a l e

The Permanent Mission of the Republic of Austria to the Organization for Security and Co-operation in Europe, Vienna, presents its compliments to the Missions and Delegations of the participating States to the OSCE and to the OSCE Secretariat and has the honour, in reference to decision No. 2/09 of 1 April 2009 of the Forum for Security Co-operation, to provide herewith the annual reply of Austria to the Questionnaire on the Conduct of Conduct on Politico-Military Aspects of Security.

The Permanent Mission of Austria to the OSCE, Vienna, avails itself of this opportunity to renew to the Missions and Delegations of the participating States to the OSCE and to the OSCE Secretariat the assurances of its highest consideration.

Vienna, 13 May 2025

To the Missions and Delegations to the OSCE and the OSCE Secretariat Vienna

1010 Vienna · Pestalozzigasse 2 · Telephone 0501150-0 · E-Mail abtii4@bmeia.gv.at  REPUBLIC OF AUSTRIA Exchange of Information on the OSCE Code of Conduct on Politico-Military Aspects of Security

(submitted May 2025)

Section I: Inter-State elements

1. Account of measures to prevent and combat terrorism

1.1 To which agreements and arrangements (universal, regional, subregional and bilateral) related to preventing and combating terrorism is your State a party?

Austria has signed, ratified and implemented all 16 universal UN counter-terrorism conventions and protocols except for the 2010 Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation and the 2010 Protocol Supplementary to the Convention for the Unlawful Seizure of Aircraft.

Austria is party to the Council of Europe’s Convention on Extradition of 1957, the second additional protocol thereto, and to the European Convention on the Suppression of Terrorism. It also signed the Protocol to the European Convention on the Suppression of Terrorism.

In May 2005 Austria signed the Council of Europe’s Convention on the Prevention of Terrorism. After ratification the Convention entered into force on 1 April 2010.

In June 2012 Austria ratified the Council of Europe’s Convention on Cybercrime, which entered into force for Austria on 1 October 2012.

The European Union became a party to the Additional Protocol to the Council of Europe’s Convention on the Prevention of Terrorism. Austria, as a Member State of the European Union, is thus bound by the Protocol in its entirety. In the relations between the Member States of the EU, extradition (“surrender”) due to terrorist activities takes place on the basis of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States which entered into force 7 August 2002.

The EU Council Framework Decision 2008/919/JHA of 28 November 2008 amending Framework Decision 2002/475/JHA on combating terrorism entered into force on 9  2

December 2008. European Union Member States are obliged to implement the Council Framework Decision since 9 December 2010.

The Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA, defines that all EU countries have to ensure that they criminalise conduct such as training and travelling for terrorism, as well as terrorist financing. Harmonised definitions of terrorist offences serve as a benchmark for cooperation and information exchange between national authorities.

The EU Security Union Strategy was adopted by the European Commission on 24 July 2020 for the period 2020 to 2025. Subsequently, a new European Internal Security Strategy (“ProtectEU”) was presented by the European Commission on 1 April 2025. It sets out a vision for a stronger Union by laying out tools to be developed and actions to be taken to better anticipate, prevent and respond to security threats to the European Union. In the priority area of counter terrorism, the strategy addresses the most pertinent issues of the rapidly evolving threat environment, including the prevention of radicalisation and recruitment online, the fight against terrorist financing, strengthened border security, boosting of law enforcement agencies and increased cooperation with key partners in the fight against terrorism. The Commission further reaffirmed its commitment to presenting a new EU Agenda on preventing and countering terrorism and violent extremism by the end of 2025.

Concerning sub-regional initiatives, Austria, Belgium, Luxemburg, the Netherlands, Germany, France and Spain signed a Treaty on strengthening transnational cooperation, especially in countering terrorism, organized crime and illegal migration, on 27 May 2005 in the German city of Prüm. The Treaty entered into force between Austria, Belgium, France, Germany, Luxembourg, the Netherlands and Spain in November 2006.

In addition, the law on police cooperation and the EU-police cooperation law are relevant in this context, since they regulate the cooperation between different Austrian security authorities and the cooperation with security authorities in EU member states, with EUROPOL as well as other states.

In January 2016 Europol created the European Counter Terrorism Centre (ECTC), an operations centre and hub of expertise that reflects the growing need for the EU to strengthen its response to terror. Designed as a central hub in the EU in the fight against terrorism, the ECTC focuses on: providing operational support upon a request from a EU Member State for investigations; tackling foreign fighters; sharing intelligence and expertise on terrorism financing (through the Terrorist Finance Tracking Programme and the Financial Intelligence Unit); online terrorist propaganda and extremism (through the EU Internet Referral Unit); illegal arms trafficking; international cooperation among counter terrorism authorities.

The Terrorist Content Regulation (TCO) – Regulation (EU) 2021/784 – was adopted by the European Parliament on 28 April 2021 and must be applied by all Member States from 7 June 2022. Objectives of the regulation are to combat and contain terrorist content online within the EU. Therefore, Hosting Service Providers must comply with removal orders issued by the  3

competent authorities of the Member States. The Hosting Service Providers are also obliged to provide better protection against terrorist content.

For bilateral agreements and arrangements please consult the list of Bilateral Treaties at the end of the document.

1.2 What national legislation has been adopted in your State to implement the above- mentioned agreements and arrangements?

Austria is state party to the International Convention for the Suppression of Acts of Nuclear Terrorism (Federal Law Gazette Vol. III No. 77/2007; competent national authority: Directorate State Protection and Intelligence Service (“Direktion Staatsschutz und Nachrichtendienst; DSN) became effective on 17 February 2016; see Art. 25: “upon deposit of the instrument of ratification, acceptance, approval and accession with the Secretary General of the United Nations”).

Section 278b § 3 of the Austrian Criminal Code (CC) defines a terrorist association as a union of more than two people for a longer time period aiming at the commitment of terrorist offences listed in sec 278c CC by one or more members of the association or with the aim of financing terrorism (Section 278d). No particular organisation or hierarchy is required. According to § 1 leg cit the leader of a terrorist association is punishable by a deprivation of liberty from five up to 15 years. According to §2 leg cit the participation as a member in a terrorist association is punishable by a deprivation of liberty from one up to ten years.

A person participates as a member in a terrorist association if the person commits an offence within the criminal aims of the association or if the person participates by providing information or funds or participates in any other way knowing that his or her actions support the association or its offences.

Terrorist offences according to Sec 278c CC are: 1. murder (sect.75), 2. bodily injuries under sections 83 to 87, 3. extortionate kidnapping (sect. 102), 4. gross intimidation (sect. 106), 5. gross damage to property (sect. 126) and damaging of data (sect. 126a), and disrupting the operation of a computer system if thereby a danger to the life of another person or a danger to the property of another person to a large extent can be caused, or many computer systems (sect. 126a §3, 126b §3) or essential elements of critical infrastructure (sect. 126a §4 subpara. 2, 126b §4 subpara. 2) are compromised, 6. intentional offences that constitute danger to public safety (sects. 169, 171, 173, 175, 176, 177a, 177b, 178) or intentional infringement of environment (sect. 180), 7. hijacking (sect. 185), 8. intentional danger to the safety of aviation (sect. 186) a) instigation and endorsement of terrorist offences (Sec 282a) or a criminal offence punishable under section 50 of the Weapons Act 1996 or section 7 of the War Material Act,  4

if the offence is appropriate to cause a severe or sustained interference with public life or to cause a severe damage to the economic life being committed with the intent to intimidate the public in a serious manner or to force public authorities or an international organization to an action, permission or omission or to convulse or destroy the basic political, constitutional, economic or social structures of a state or an international organization.

These offences are to be qualified as terrorist offences when being committed with the relevant terrorist intention described above. According to § 2 leg cit those offences shall be punished pursuant to the law applicable to the offence mentioned there and the maximum penalty is to be raised by half of the penalty being prescribed respectively but shall not exceed 20 years.

Any person who threatens to commit one of the offences specified in § 1 (1) to (10) shall, if he commits this threat with the terrorist suitability and intent specified in § 1, be liable to a custodial sentence of six months to five years (see Sec. 278c §2a).

According to §3 leg cit offences are not qualified as terrorist offences insofar as the offence is directed to the establishment or reestablishment of democratic and constitutional order or the exercise or observation of human rights. In such a case the provisions of the Austrian Criminal Code not related to terrorism have to be followed. (see Sec. 278c §3).

According to sec 278d of the Austrian Criminal Code financing of terrorism is to provide or collect funds in order to be used to commit one of the listed offences; 1. hijacking (sect. 185) or intentional endangering the safety of aviation (sect. 186), 2. of an extortionate kidnapping (sect. 102), or the threat of it, 3. of an attack on life, limb or the freedom of a person protected by international law or a violent attack on an apartment, the official premises or the means of transportation of such a person which is appropriate to expose this person to a danger to life and limb or freedom or a threat with it; 4. of an intentional endangering by nuclear energy or ionized radiation (sect. 171) or a threat with it, of an unlawful use of nuclear materials or radioactive substances (sect. 177b), of any other criminal act to obtain nuclear materials or radioactive substances or of the threat to commit a theft or robbery of nuclear materials or radioactive substances aiming to force another person to an action, permission or omission; 5. of a considerable attack on life and limb of another person on an airport serving the international civil aviation, of a destruction or considerable damaging of such an airport or a civil aircraft being on it or an interruption of the services on the airport, so far as the offence is committed by the use of a weapon or other device and is appropriate to endanger the security of the airport; 6. of a criminal offence committed in a way mentioned in sects. 185 or 186 against a vessel or a fixed platform, against a person being on board of a vessel or a fixed platform or against the cargo loaded on a ship or an equipment of the ship; 7. of the transportation of an explosive device or another deadly contraption in a public place, to a governmental or public institution or a public traffic system or services of supply or of the operation of these means aiming to cause the death or a grievous bodily injury of another person or the destruction of the place, institution or system to a high degree, as far as the destruction is appropriate to bring about a considerable economic damage;  5

8. of a criminal offence which shall cause the death or a grievous bodily harm of a civil person or another person not being actively involved in the hostilities of an armed conflict if this act is aimed by its nature and its circumstances at threatening a group of the population or forcing a government or an international organization to an action or omission is punishable by deprivation of liberty from one to five years. 9. Any other punishable act pursuant to sect. 278c lit 1, sects. 278e, 278f or 278g or the recruitment of another person to commit terrorist acts as defined in 278c lit 1 sub lit 1 to 9 or lit 10.

Likewise, anyone who provides or collects funds for either another person who he knows is committing terrorist offences or a member of a terrorist association which s/he knows is directed towards committing terrorist offences, is punishable of terrorist financing (Sec. 278d §1a).

Terrorist financing according to Sec. 278d §1 and §1a is punishable by a deprivation of liberty from one up to 10 years.

In order to meet the obligations of the Council of Europe Convention on the Prevention of Terrorism and the Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism sec 278e on training for terrorist purposes, sec 278f on instructing to commit a terrorist offence and sec 278g on travelling for terrorist purposes were introduced into the CC. Further offences to combat terrorism are: Instigation and endorsement of terrorist offences (Section 282a CC) and Hate speech (Section 283 CC).

The Act on reform of the Austrian Criminal Code of Procedure (CCP) Federal Gazette Nr I 19/2004 entered into force 1 January 2008 and provided for a reform of the criminal process with regard to the pre-trial investigation phase. Sec 110 CCP provides for the freezing of assets within the disposition of a terrorist group as well as the freezing of funds collected or provided for the financing of terrorist acts. Therefore, the freezing of assets is admissible while Approval for measures according to sec 20 Austrian CC confiscations of profits, 20b forfeiture CC or 26 confiscations CC are being obtained.

Special investigation measures may be admissible in order to facilitate investigation of terrorist offences. According to sec 131 § 2 CCP undercover investigation may be conducted for a longer time period if the detection or prevention of a criminal association (sec 278 CC), criminal organisation (sec 278a CC) or terrorist association (sec 278b CC) would be otherwise significantly hampered. According to sec 135 § 3 CCP the surveillance of messages is amongst others admissible in order to detect or prevent offences in connection with a criminal or terrorist association or criminal organisation if otherwise the investigation would be significantly hampered. According to sec 136 CCP optical and acoustic surveillance of persons is amongst others admissible for solving a crime to be punished with a prison sentence exceeding 10 years or the crime of forming a criminal organisation or terrorist association (sec 278a and 278b CC) or of criminal acts planned or committed in connection with such an organisation or association if such investigations would otherwise be futile or significantly hampered and either the person to be kept under surveillance him/herself is urgently suspicious of committing the aforementioned crime or it can be assumed that the person urgently suspicious of committing an aforementioned crime will get in contact with the person  6

kept under surveillance. Public safety must be in serious danger if such a measure is to be used for preventive purposes.

Acc. to sec 141 CCP automated data comparison is permissible for solving a crime pursuant to sec 17 lit 1 Criminal Code which has to be an intentional act punishable with more than 3 years confinement if solving such crime would otherwise be futile or hampered. Data from courts, public prosecutor offices and security authorities may be used. Lit. 3 adds for crimes punishable by more than 10 years or committed pursuant to sec. 278a or sec 278b Criminal Code as part of a criminal or terrorist organization the sources of data from criminal police as well as data on persons who received goods or services from specific companies or who are members of organisations of private law or legal entities of public law. Certain sensitive categories of information must not be included.

Sanctions Act 2024

In order to protect the economy including the financial sector and to prevent money laundering, all occupational groups which could be possible targets for money launderers are within the scope of our anti-money-laundering and combating the financing of terrorism (AML/CFT) system and therefore also subject to reporting requirements. In accordance with the Financial Action Task Force (FATF), the entire financial sector (all credit and financial institutions, all life insurance companies and all investment services providers), lawyers, notaries, auditors, external accountants, tax advisors, casinos, real estate agents, and all dealers where cash payments amounting 15.000 € or more are obliged to comply with all AML/CFT obligations (including customer due diligence, reporting obligations, identifying the beneficial owner etc.) and are supervised or monitored for compliance.

The Austrian Financial Investigation Unit (AFIU) was established in 1994 within the Austrian Ministry of the Interior, became part of the "Bundeskriminalamt Österreich" (Criminal Intelligence Service Austria) and is primarily responsible for money laundering offences.

The AFIU is a law enforcement authority, capable of conducting all sorts of investigations, such as surveillance, interrogations, wire-tapping, search of premises, issuing warrants of arrest, etc. In case of reasonable suspicion, the reporting institutions have to provide the AFIU, upon demand, with all information required to investigate and prosecute money laundering and terrorist financing.

Section 278d of the Austrian Penal Code criminalises “financing of terrorism” and subjects it to from one up to 10 years in jail. Section 110 of the Austrian Code of Criminal Procedure provides for the freezing of assets within the disposition of a terrorist group as well as the freezing of funds collected or provided for the financing of terrorist acts.

Austria’s extradition practice is based on the Federal Extradition and Mutual Legal Assistance Act of 4 December 1979 (Federal Law Gazette No. 529/1979), which allows for the extradition of suspected or convicted terrorists on the basis of reciprocity even in the absence of an applicable treaty.

In the relations between the Member States of the EU, extradition (“surrender”) with regard to terrorist activities takes place on the basis of Sections 2 – 38 of the Austrian Act on Judicial  7

Cooperation in Criminal Matters with the Member States of the EU (EU-JZG) (Federal Law Gazette I no. 36/2004 in the versions Federal Law Gazette I no. 164/2004, 38/2007 and 112/2007, lastly amended with Federal Law Gazette I no. 182/2023), which implements Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States into Austrian law.

Section 20 § 3 (confiscation of profits) of the Austrian Criminal Code provides for the possibility of condemnation to payment of an amount of money fixed by court corresponding to economic benefits of a perpetrator which were gained during the period of their membership in a criminal organisation (sec 278a CC) or in a terrorist association (sec 278b CC), if there is obvious suspicion that these profits derive from offences and their legal acquisition cannot be made credible. Sec 20b (forfeiture) CC provides for the forfeiture of property being at the disposal of a criminal organisation or a terrorist group or which has been provided or collected as a means for financing terrorism.

For the purpose of ensuring that immigrants and asylum seekers have not engaged in terrorist activities, Austria relies on the Aliens Police Act of 2005 (Federal Law Gazette I No. 2005/100) and on a special screening process for nationals of certain countries. The Aliens Police Act regulates the entry, stay and residence of foreigners. It does not directly list terrorist offences. Instead, it includes the provision of posing a threat to public order and safety, which under § 21 will lead to the denial of a visa and under § 60, entails a ban on residence. In accordance with the relevant UN resolutions and other international legal instruments, the Austrian authorities may issue visas for nationals of certain states only upon explicit authorization by the Ministry of the Interior. These individuals are subject to additional scrutiny when entering Austrian territory.

Changes to the Citizenship Law (1985): Due to the introduction of a new provision for withdrawal in the Citizenship Law of 1985, it is possible for an Austrian authority to withdraw an Austrian citizen’s citizenship, if said citizen willingly plays an active part in combat operations in a foreign country for a weaponized group within a militarized conflict. A person cannot be stateless after withdrawal of the Austrian citizenship, therefore this legislation only applies to people with dual citizenship. This change has been operative since January 1 2015 (Federal Law Gazette I No. 104/2014).

Changes to the Law on Border Control (GrekoG): Due to a change in the Law on Border Control, border control agents can now review whether minors have the necessary consent for a border crossing from a representative legally in charge of their care and upbringing. Law enforcement agents have to have reasonable doubt regarding the existence of such a consent or there need to be indications that the minor is intending to take part in or support combat actions abroad. Until such doubts are cleared up, security agents are empowered to prohibit the minor’s exit and to confiscate their travel documents. This change has been operative since January 1 2015 (Federal Law Gazette I No. 104/2014).

Furthermore, law enforcement agents are empowered to refuse border crossing to all those persons whose travel documents (i.e. passport, identity card, alien passport) have already been  8

withdrawn or who did not receive permission for the issue of such documents. This change has been operative since January 1 2015 (Federal Law Gazette I No. 104/2014).

Decree of a Political Symbol Law: Due to the decree of a new political symbol law, the use and dissemination of symbols associated with specific groups, for example the group Islamic State (IS), Al Qaeda, or the partner or follow-on organizations of these two groups or groups, who are associated with them, were prohibited in accordance with administrative penal law. This change has been operative since January 1 2015 (Federal Law Gazette I No. 103/2014, last amendment with Federal Law Gazette I No. 177/2023).

Development of a Political Symbol Description Regulation: Based on the Political Symbol Law, a new regulation was developed by the minister for internal affairs, regarding the description of symbols whose use is prohibited (Political Symbol Description Regulation). Considering the prohibition of the use of symbols, this regulation aims to prevent the spread of certain symbols of certain (terrorist) organizations within Austria. (Federal Law Gazette II No. 23/2015).

Changes to the Law on Chemicals (1996): Due to changes to the Law on Chemicals from 1996, the anonymous purchase of certain chemicals, who also find uses in private, will be made illegal to prevent the abuse of precursor chemicals for the production of explosives, particularly through private consumers (members of the general public), through the introduction of prohibitions and restrictions on delivery.

Furthermore, a focal point will be created within the Federal Criminal Agency to which commercial agents are obliged to report suspicious transactions with precursor chemicals for explosives, as well as their loss and theft will be introduced, to prevent the illegal production of explosives and permit investigations. These changes were decided in the Federal Council on December 10, 2014. Since dec. 2018 this point of contact was established within the “Criminal Intelligence Service Austria” (Bundeskriminalamt BKA). The mentioned task is covered by agents engaged in the “Precursor-Competence-Centre” to monitor tradings with precursor chemicals for explosives.

1.3 What are the roles and missions of military, paramilitary and security forces and the police in preventing and combating terrorism in your State?

The tasks of the Federal Armed Forces are (directly and finally) defined within the Federal Constitutional Law (Article 79). According to this provision the Federal Armed Forces’ first and foremost task is the country’s military defence. Other tasks laid down in the Constitution include the so-called “assistance missions”, which consist in “the protection of the constitutionally established institutions and their capacity to operate as well as the population’s democratic freedoms”, “the maintenance of order and security inside the country in general” and “assistance in the case of natural catastrophes and disasters of exceptional magnitude”. In general, these tasks may only be fulfilled in assistance and upon request of a civil authority. Due to this necessary request by the competent civil authority, the Federal Armed Forces have only a very limited role in preventing and combating terrorism.  9

Based on the security police law, the Federal Ministry of the Interior and its Directorate State Protection and Intelligence Service (Direktion Staatsschutz und Nachrichtendienst/DSN), which has replaced and succeeded the Federal Agency for State Protection and Counter Terrorism (Bundesamt für Verfassungsschutz und Terrorismusbekämpfung/BVT) as of December 2021 assess threats to public safety and have to counter threats and preventative secure legal interests. The protection of constitutional institutions and to ensure their capacity to function is one priority. The Law on State Protection and Intelligence Service (Federal Law Gazette I No. 148/2021) entered into force in December 2021. In this legal framework, tasks pertaining to state protection services and intelligence services were structurally separated from one another in order to strengthen the detection and prevention of crimes.

The purpose of the protection of the constitution is to protect constitutional institutions and their capacity to act, representatives of foreign states, international organisations and other subjects of international law in accordance with the obligations under international law; critical infrastructure; the population against crimes driven by terrorist, ideological or religious motives and against threats emanating from espionage, intelligence activities and proliferation; and to carry out key functions in international cooperation in these areas.

In order to act preventatively, the DSN is in charge of monitoring certain groups regarding their structures in place and developments in their surroundings. Therefore, they are, amongst others, in charge of assessing whether a group constitutes a major threat to public security (extended threat investigation). Extended threat investigation is the surveillance of a group if, considering its existing structures and the expected developments in its environment, it is to be expected that criminal activity involving a serious threat to public security, in particular crimes driven by ideological or religious motives, will occur. A further task of the DSN is the prevention of attacks endangering the constitution by a person, provided that there is reason to suspect that the danger of such an attack exists. In this context, the DSN has authorized competences such as concealed investigations, the (concealed) use of image recording devises and phonographs and observation.

1.4 Provide any additional relevant information on national efforts to prevent and combat terrorism, e.g., those pertaining inter alia to:

— Financing of terrorism:

Money or value transfer services are regulated. Banking businesses in Austria require a banking licence. Thus, providers of such services are subject to the full set of AML/CFT legislation applicable to credit and financial institutions as mentioned above.

The obligations under FATF Special Recommendation VII, which was developed with the objective of preventing terrorists and other criminals from having unfettered access to wire transfers for moving their funds was implemented through Regulation (EC) No. 1781/2006, which is directly applicable in all EU Member States and requires financial institutions to ensure that all wire transfers are accompanied by "complete information on the payer".  10

The obligation to freeze funds or other assets under UNSCR 1267 (1999) has been implemented through Council Regulation (EC) No. 881/2002, amended by Council Regulation (EU) 2016/363 in order to take into account UNSCR 2253 (2015), which is directly applicable to EU Member States. The obligations under UNSCR 1373 (2001) have been implemented through Council Regulation (EC) No. 2580/2001, also directly applicable to EU Member States, and through a national law called "Foreign Exchange Act".

In August 2006, the Federal Agency for State Protection and Counter Terrorism (BVT) of the Austrian Federal Ministry of Interior installed a special group that exclusively deals with countering terrorism financing. The DSN has a special unit for dealing with countering terrorism financing as well. This group works closely with the Austrian Financial Intelligence Unit. In 2008, the third EU Directive on Money Laundering was implemented into national legislation, including important provisions on the prevention of terrorism financing. The EU’s sixth Anti-Money-Laundering Directive, which came into effect 3 December 2020 and was implemented by regulated entities by 3 June 2021, aims to strengthen anti-money laundering rules in the EU and place higher responsibility on regulated entities to fight financial crime. In trainings for the private sector, reference is always made to the Austrian legal framework as well as to the guidelines issued by the Financial Action Task Force (FATF).

In addition to existing relevant provisions of the EU, the law on governing banking institutions and the law on surveillance of insurance institutions, in 2010 the law on sanctions entered into force. This law regulates the freezing of assets in connection with UN- or. EU-sanctions. In 2025, a revised sanctions law came into force in Austria (FATF-Prüfungsanpassungsgesetz 2024, Federal Law Gazette I No. 5/2025).

The Federal Ministry of the Interior and the DSN analyse different methods of financing of terrorism (such as NPO’s, cash courier etc.) and act in cases of requests from the AFIU. There exists a well-established cooperation with the compliance departments of financial institutions seated in Austria. Based on a judicial request this allows for access to information on financial transactions:

• Reduction of measures for the identification of customers (Financial Supervision Authority regulation regarding the identification of members of savings associations (Savings Association Regulation – “Sparvereinsverordnung”, SpVV), Federal Law Gazette Vol. II No. 62/2015, lastly amended with Federal Law Gazette II No. 3/2017.

• Federal Act on alternative means of financing (Alternative Financing Act – “Alternativfinanzierungsgesetz”, AltFG) – Obligations for issuing bodies as well as operators of internet platforms (“crowdfunding”) regarding the financing of terrorism (sec. 4, para. 114/2015, lastly amended with Federal Law Gazette I No. 225/2021.

• Insurance Supervision Act 2016, Federal Law Gazette Vol. I No. 34/2015 (lastly amended with Federal Law Gazette I No. 112/2024) – Implementation of various provisions on the prevention of financing of terrorism; according to the explanatory notes, these have, however, remained largely unchanged in comparison to the inoperative Insurance Supervision Act 1978 (see explanatory notes on bill 354, p. 11 et seqq.)  11

— Border controls:

In accordance with the Schengen Agreement, in Austria border controls are carried out according to the regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code).

The elimination of the border control as control filter is compensated by the police through other means in mobile form (compensatory measures). These measures are carried out in the entire federal territory and at the major traffic routes (road and railway) in particular.

Within the framework of FRONTEX Joint Operations at “Air Borders” Austria is hosting guest officers from other EU-Member states and observers from Third Countries. The exchange of information is done on a regular monthly basis in FRAN (Frontex Risk analysis Network) and EDF (European document Fraud).

In some countries, Austria has installed document advisors at Austrian Embassies and/or Consulates as well as at airports in order to support the staff of airlines in document screening and verification of individuals.

Further legal regulations – besides the Schengen Borders Code – for the border control are „Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code)“, the regulation (EC) No. 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation). The Smart Borders Package, in particular regulation (EU) 2017/2226 establishing an Entry/Exit System (EES) and the regulation (EU) 2018/1240 establishing a European Travel Information and Authorization System (ETIAS) will have a major impact on the border procedures in the future. National regulations that are considered as well are the security police law, the law on border control, the aliens’ police law 2005, the regulation on the enforcement for aliens’ police, the law on police cooperation and appropriate bilateral agreements.

Austria has initiated bilateral agreements with neighboring countries with regard to police cooperation, which provide for the establishment of police cooperation centres. Furthermore, there is cross-border cooperation in the fields of security police, criminal and border police.

Due to the current challenges in the area of asylum and basic services, the high migratory pressure in border areas and at internal borders, as well as an increased threat to internal security caused by more frequent terrorism-related incidents and the war-induced instability within the EU, Austria – like many other Member States – has introduced internal border controls. Currently, internal border controls are in place with Slovakia and the Czech Republic until 15 October 2025, and with Hungary and Slovenia until 11 May 2025. These measures are based on the new Article 25a of the Schengen Borders Code.  12

At present seven (since August 2018) Austrian document advisors are deployed to international airports in 3rd countries. In addition, two document advisors are currently deployed to Athens (the second one is deployed since November 2019). As part of the operations of EU European Border and Coast Guard Agency Frontex, Austrian police officers participated in several Joint Operations in 2020: • Due to the current challenges in the area of asylum and basic services, the high migratory pressure in border areas and at internal borders, as well as an increased threat to internal security caused by more frequent terrorism-related incidents and the war- induced instability within the EU, Austria – like many other Member States – has introduced internal border controls. Currently, internal border controls are in place with Slovakia and the Czech Republic until 15 October 2025, and with Hungary and Slovenia until 11 May 2025. These measures are based on the new Article 25a of the Schengen Borders Code. At present seven (since August 2018) Austrian document advisors are deployed to international airports in 3rd countries. In addition, two document advisors are currently deployed to Athens (the second one is deployed since November 2019). “Focal Points Land 2020”: 37 officers participated in several Joint Operations in 2024:

Short term deployments Frontex Category 3:

 292 Officers were deployed as Border Guard Officers in border surveillance and Border Check activities.  38 Officers were deployed as Motorvehicle Crime Detection Officers at Border Crossing Points.  77 Officers were deployed as Advanced Level Document Officers at Border Crossing Points and Airports.  14 Officers were deployed as Debriefer and Screener at Sea Border Crossing Points.  8 Officers were deployed as Information Officers in Local Coordination Centers.  21 Officers were deployed as Frontex Tactical Support Officers at Border Crossing Points.  4 Officers were deployed as Return Specialists in Return Centers.

Long term deployments Frontex Category 2:

 17 Officers were deployed up to 4 years in different profiles and deployment areas.  The Vienna Airport hosted 38 Guest officers regarding Joint Operation Focal Points Air 2024.

— Travel document security:

On 16 June 2006 Austria started issuing electronic passports with an integrated chip. The biographic data and the picture of the passport holder were printed in the passport booklet and securely stored on the chip according to ICAO Doc 9303. Passports for children under the age of 12 years didn’t have an integrated chip at the beginning.  13

On 28 August 2006 Austria also switched to electronic passports for diplomatic, service and alien's passports as well as for "travel documents according to the convention of 28 July1951".

On 26 October 2006 Austria also offered children's passports with chips additionally to the already existing children passports without a chip (optional under the age of 12 years).

Since 30 March 2009 Austria is issuing electronic passports with two fingerprints (2nd biometric identifier) stored on the chip as images according to ICAO Doc 9303. Exemption: Persons under the age of 12 years und persons who are physically unable to enroll fingerprints.

Since 15 June 2010 passports for children under the age of 12 years with an integrated chip are mandatory.

From 15 of June 2012 on all existing entries of children in one of its parent’s passports became invalid by law.

Implementing the EU Regulation 2019/1157, since 2 August 2021 Austria started issuing ID cards with an electronic chip containing the holder’s data, a photograph and two fingerprints. The residence permit card has a contactless chip according to the relevant EU standards as well as the face and two fingerprints stored on the chip as a biometric identifier.

On May 1, 2022 a new emergency passport was launched and since December 1, 2023 a new generation of passports with a polycarbonate data page and new security features is in circulation.

All Documents are personalized in the secure facility of the Austrian State Printing House and shipped directly from there. The responsibility of the Ministry of Interior is to make sure that these processes are secure, that they have a legal framework and that they are improved constantly. The Austrian State Printing House is closely involved in the developments of secure documents on the ICAO and the EU level to ensure maximum standard compliance.

Austria became a PKD Member; the system became operational at the end of 2012.

Lost and stolen passports are reported to national and international databases, e.g. the Interpol’s database on Lost and Stolen Travel Documents (SLTD).

If an individual is suspected of being a member of a terrorist organization, Austrian passport law provides the possibility to refuse a passport application or to revoke an already issued travel document after an administrative procedure.

In 2014 Austria introduced a national database, where personal data of all inhabitants of Austria are stored (Central register of civil status). The passport authorities, who have access to this database, are able to check the claimed identity better. This database is in addition to the already existing databases for id-documents (Identity document register) and citizens home addresses (Central register of residence).

In this regard, the European Commission announced in October 2024 its proposal to digitalize passports and identity cards for everyone entering or leaving the Schengen area. The purpose  14

of these plans is not only to speed up border controls, but also to ensure smoother and more secure travel. According to the proposal, which provides a common framework for the use of digital travel credentials and a new ‘EU Digital Travel' app, it will be harder for fraudsters – and possible terrorists – to use fake documents or pass through Schengen borders undetected.

— Container and supply chain security:

The Federal Ministry of the Interior and the DSN offer specific transport surveillance services (mostly for trucks). In the context of terrorism, no specific threats to transport security have been detected so far.

— Security of radioactive sources:

The Federal Law for a Nonnuclear Austria entered into force on 14 August 1999. This law stipulates that it is prohibited to produce, stock, transport, test or use nuclear weapons. Likewise, it is prohibited to build facilities with the aim of production of energy through nuclear fission. Furthermore, Austria has ratified the Agreement on physical protection of nuclear material. In the Federal Law of the establishment of a security control system, the security of nuclear material and facilities and the export control to guarantee peaceful utilization of nuclear energy implemented adequate legal regulations for the security of nuclear material. The law on the protection against radiation as well as the CC contain relevant additional provisions.

— Use of the Internet and other information networks for terrorist purposes:

The BMI/DSN generates information threw open sources analysis and use of specific open databases. It participates in international projects that serve the monitoring and the exchange of experiences in this field, e.g. “Check the Web” by EUROPOL.

Amendment of sec. 283 Penal Code (StGB) (see Federal Law Gazette Vol. I No. 1123/2015), in order to be able to define a group on the basis of positive and negative features (e.g. “All Swiss are bad” or “Everyone who is not Swiss is bad”): The purpose of this amendment is to make it possible to include “infidels” and “foreigners” in the groups worthy of protection. Furthermore, a standard definition of “public” was introduced for the basic element of crime (“public in a way that it becomes accessible to many people”), and the constituent element of “broad public” was introduced as qualifying element (see explanatory notes on bill 689, p. 41 et seqq).

— Legal co-operation including extradition:

The security police law entitles the security agencies to demand information from departments of the area municipalities and other statutory corporations needed for certain missions.  15

Territorial cooperation: The article 22 of the Federal Constitution Law obliges all agencies of the government, the “Länder” and the municipalities to mutual administrative assistance within their constitutional sphere of action.

The security police law entitles the security agencies to demand information from departments of the municipalities and other statutory corporations needed for certain missions.

International co-operation: The international police co-operation operates on the basis of the police cooperation law and serves the purpose of security police, criminal police, travel documents unit, aliens’ police and border control. The international police cooperation contains international administrative assistance and the intervention of security agencies and their departments abroad as well as foreign security agencies and their departments in the federal territory.

— Safe havens and shelter to terrorists and terrorist organizations:

In the procedure of granting the right of asylum, the person applying for asylum should be checked on a terroristic background. It cannot be ruled out that criminals or terrorist use such procedures and gain asylum. Until now, such cases have not emerged. The Federal Ministry of the Interior and the DSN cooperate closely with other ministries and institutions in order to prevent terrorist groups from spreading their ideological messages.

Within the Federal Ministry of the Interior, there is close cooperation between the DSN and the Criminal Intelligence Service (“Bundeskriminalamt”). Furthermore, the DSN also carries out prevention programmes in close cooperation with prisons. The Federal Ministry for Family and Youth – in cooperation with the Federal Ministry of Interior – runs an Information Centre on Extremism, including a hotline.

2. Stationing of armed forces on foreign territory

2.1 Provide information on stationing of your States armed forces on the territory of other participating States in accordance with freely negotiated agreements as well as in accordance with international law.

Any deployment of Austrian troops abroad is regulated by the “Federal Constitutional Law on Cooperation and Solidarity in Deploying Units and Individuals Abroad”, adopted in 1997.

According to its provisions, the possibility of deploying military (as well as civilian) personnel abroad is limited to peace operations in the framework of an international organisation, measures of humanitarian assistance (including disaster relief), search and rescue missions and training purposes. Decisions on deployments in the framework of peace operations have to be taken unanimously by the Council of Ministers (the Federal Government) and need to be approved, before the planned deployment actually takes place, by a majority decision of the Main Committee of Parliament. Simplified procedures of decision and approval apply to humanitarian missions, search and rescue operations and training activities. The law also  16

specifically mentions that decisions on all deployments must take into account Austria’s obligations under international law as well as the principles of the UN Charter and the Helsinki Final Act.

Since 1995 Austria has been participating in NATO’s Partnership for Peace programme. In this context, Austria has also signed the „Agreement among the States Parties to the North Atlantic Treaty and the other States Participating in the Partnership for Peace regarding the Status of their Forces“(PfP-SOFA), which entered into force on 2 September 1998 (Federal Law Gazette, Vol. III, No. 136/1998). The agreement forms the basis for the legal status of troops from partner countries sent to another partner country to engage in PfP activities. Austria has also signed a number of bi- and multilateral agreements with other states, which regulate, among others, the legal status of troops abroad.

EU-SOFA which entered into force on 1 April 2019 – cmp. https://www.consilium.europa.eu/de/documents-publications/treaties- agreements/agreement/?id=2003102

3. Implementation of other international commitments related to the Code of Conduct

3.1 Provide information on how your State ensures that commitments in the field of arms control, disarmament and confidence- and security-building as an element of indivisible security are implemented in good faith.

Austria has been a longstanding advocate for disarmament, non-proliferation arms control, and confidence- and security-building measures, and attaches particular importance to the adherence to and implementation of such instruments and commitments by as many states as possible. It consequently seeks to further this aim in bi- and multilateral fora. Numerous initiatives have been undertaken in this regard, such as the negotiations on a political declaration on Explosive Weapons in Populated Areas, the humanitarian initiative on the consequences and risks of nuclear weapons and the negotiation and adoption of the Treaty Prohibiting Nuclear Weapons, which entered into force on 22 January 2021.

At the national level, Austria has a wide range of legislative measures in place to ensure compliance with its international commitments in the field of disarmament, non-proliferation, arms control, and confidence- and security building. Relevant national legislation also includes policy areas such as Austria’s neutrality and “nuclear-free” status. As an EU Member State, Austria also supports and implements any of the EU positions and regulations.

3.2 Provide information on how your State pursues arms control, disarmament and confidence - and security-building measures with a view to enhancing security and stability in the OSCE area.

Disarmament, non-proliferation arms control, and confidence- and security-building measures, are key elements to enhancing security and stability in the OSCE area and  17

beyond. Therefore, Austria has continuously supported initiatives aimed at the universalization of the relevant international treaties.

As a longstanding advocate of nuclear disarmament and non-proliferation of nuclear weapons, Austria fully supports the NPT and emphasizes the importance of the implementation of the conclusions and recommendations for follow-on actions adopted by the 2010 Review Conference. Austria also underscores its firm commitment with respect to the 1995 principles and objectives for nuclear non-proliferation and disarmament and the practical steps agreed to at the 2000 Review Conference.

In particular, Austria underscores the importance of the recognition of “the catastrophic humanitarian consequences of any use of nuclear weapons” and “the need for all States at all times to comply with applicable international law, including international humanitarian law”, as contained in the conclusions and recommendations for follow-on actions of the NPT 2010 Final Document. On the occasion of the Vienna Conference on the Humanitarian Impact of Nuclear Weapons held on December 8 and 9, 2014, in which delegations from 158 States participated, Austria pledged to present the findings of the conference to the NPT Review Conference 2015 and other relevant fora, called on all States Parties to the NPT to urgent and full implementation of Article VI in particular by identifying and pursuing effective measures to fill the legal gap for the prohibition and elimination of nuclear weapons, and called on all nuclear weapons possessor states to take concrete interim measures to reduce the risk of nuclear weapon detonations. On the occasion of the 2015 NPT Review Conference Austria played an important role as the coordinator of the humanitarian group representing 159 States and as the originator of the humanitarian pledge endorsed to date by 126 States. Austria also played a leading role in the elaboration of the Treaty on the Prohibition of Nuclear Weapons, which contains a legal prohibition norm necessary to implement the NPT’s Article VI disarmament obligation and strengthens the existing nuclear disarmament and non- proliferation architecture. Austria is chairing the First Meeting of States Parties of the TPNW on 21-23 June 2022 in Vienna, as well as its preparatory process.

The early entry into force of the Comprehensive Test Ban Treaty (CTBT) is a top priority. Austria sees the CTBT as a key non-proliferation and disarmament instrument. Austria actively supports universalization efforts and considers the ratification of the remaining Annex 2 states to be of particular importance.

Austria supports the universal implementation of the UN-resolution 1540 to reinforce the collective efforts to eliminate nuclear weapons.

Austria is party to the Chemical Weapons Convention (CWC) and its annexed Protocols, and the Biological Weapons Convention (BWC) and supports the universalization and full implementation of the two conventions.

Austria continues its efforts against Anti-personnel Mines by seeking to promote the universality of the Anti-Personnel Mine Ban Convention (APMBC). Austria is also active in the promotion of the Convention on Cluster Munitions, which entered into force on 1 August 2010. Both conventions are important steps for the strengthening of international humanitarian law and an important contribution to the protection of civilians in armed conflicts. On small arms and light weapons (SALW), Austria has been actively engaged in  18

promoting further work on the implications of new developments in SALW manufacturing, technology and design for the effective marking, record-keeping and tracing of SALW in relevant meetings regarding United Nations Programme of Action on SALW, most recently the seventh Biennial Meeting of States Parties in 2021. In the field of conventional ammunition, an Austrian expert participated in the Group of Governmental Experts on problems arising from the accumulation of conventional ammunition stockpiles in surplus, which was able to agree on a substantive final report in 2021. Austria will work actively in implementing this report’s recommendation, including in the newly established Open-Ended Working Group on Ammunition, due to take up its substantive work in May 2022. In addition, Austria continued to contribute to international projects aiming specifically at improving standards pf physical security and stockpile management of SALW in a number of countries, among them OSCE member States. Furthermore, Austria was actively engaged in the initiative to better protect civilians from the use of explosive weapons in populated areas, hosting the Vienna Conference on Protecting Civilians in Urban Warfare in 2019, which was attended by more than 500 international participants from 133 States, UN entities, international organisations and civil society.

Austria ratified the Arms Trade Treaty on June 3, 2014. Austria will remain actively engaged in implementing the Arms Trade Treaty and making it as universally applicable as possible.

Section II: Intra-State elements

1. National planning and decision-making process

1.1 What is the national planning and decision-making process in determining/approving military posture and defence expenditures in your State?

The role of the executive, including the head of state and/or government, as well as key governmental security and defence advisory bodies?

According to the Austrian constitution, the Austrian Armed Forces (AAF) are part of the Austrian public administration. The constitutional regulations concerning public administration thus also apply to the AAF (principle of rule of law).

The Federal President is the Commander-in-Chief of the AAF (Art. 80 Federal Constitutional Law). The Supreme Command of the AAF is divided between the Federal President and the Federal Minister of Defence. The Minister of Defence holds the command authority over the AAF.

Institutions and procedures ensuring democratic oversight and public scrutiny?

Legislation related to defence matters is the responsibility of the Federal State. Parliament discusses defence issues at its National Defence Committee, a special parliamentary body with competence for examining legislative proposals in the defence sector, and at plenary meetings.  19

Moreover, Parliament exercises political control over governmental action: It may address queries concerning governmental action (i.e. the action of each member of government and of the public institutions under their authority) to government or to individual ministers. Parliament may also express itself on how to conduct governmental action by means of a resolution. Furthermore, Parliament may establish investigating committees to conduct enquiries on governmental action. The two military intelligence services are subject to parliamentary control within the Permanent Subcommittee of the National Defence Committee mentioned above.

Checks and balances and chain of command in relation to democratic accountability and transparency?

Austria's constitution regarding the armed forces is characterised by a far-reaching integration into the administrative apparatus of the state. The armed forces are thus a complex organ of the public administration, which is shown not only by a systematic definition of its set-up and tasks under constitutional law but also by the fact that it is subject to the command authority of some of the highest administrative organs. Being part of the public administration, the armed forces are also subject to the control mechanism established by constitutional law.

The control organs include in particular: the Constitutional Court and Administrative Court (Articles 130 to 148 of the Federal Constitution), the Court of Audit (Articles 121 to 128 of the Federal Constitution), nine Administrative Courts of the Land, the Federal Court of Administration and the Federal Financial Court (Articles 129 to 136 of the Federal Constitution) the Ombudsman Board (Articles 148a to 148j loc. cit.) and the Data Protection Commission (section 35 et seq. of the Data Protection Act). Moreover, a Parliamentary Armed Forces Commission has been established under Section 4 of the Military Service Act 2001, whose first and foremost task is to make recommendations for dealing with complaints brought before the Federal Minister of Defence; the Commission is also entitled to review ex officio suspected deficiencies and grievances in the military service.

In the military field, two Austrian intelligence agencies are operating which are both part of the Austrian Armed Forces. The “Heeres-Nachrichtenamt” is a strategic foreign intelligence agency, which procures information on regions, countries and organizations. The “Abwehramt” is a military intelligence agency, which provides counterintelligence services for the Austrian Armed Forces. Its task is to gather and evaluate information about activities endangering or directed against the Austrian Armed Forces and military security, e.g. activities against military personnel, military secrets, military compounds and military goods.

In civil affairs the “Directorate State Protection and Intelligence Service” (DSN) and the nine regional “Offices for State Protection and Counter Extremism” are the civil intelligence service and law enforcement agency. In organisational matters the DSN is part of the Ministry of Interior and is entrusted with competences in the field of counter-terrorism, counter- extremism, counter-espionage and non-proliferation. The DSN is also responsible for personal and physical security of high ranking officials and international institutions.

In a democratic constitutional state, as outlined in the Austrian federal constitution, the state monopoly on the legitimate use of force draws its legitimation out of its function to ensure the legislation. This exercise is carried out through the executive authority of security. A  20

democratic political control of the constitutional proceedings is carried out in Austria through following institutions/organizations:

• parliament (committees, in particular committees for the Interior and for Human Rights) • public attorney’s office • ordinary courts • nine Administrative Courts of the Land; • Federal Court of Administration; • Federal Financial Court; • Austrian Ombudsman Board (AOB) – its task is to monitor the public administration and to assess whether the administration is acting within the law and complies with human rights standards. In that regard the AOB is entitled to undertake, on its own initiative, inquiries on suspected deficiencies and grievances in federal administration and make recommendations for dealing with complaints brought before the authorities. Furthermore, the AOB deals with complaints brought before itself to the extent, that the applicants are personally affected and provided that no other remedies are available. The AOB consists of three members, who are elected for a term of six years by the Austrian Parliament. The legal regulations are found in Article 148a to 148j of the Austrian Federal Constitution and in the Federal Law on the Austrian Ombudsman Board (“Volksanwaltschaftsgesetz 1982”).

• Federal disciplinary commission (with judicial guarantees)

• The Federal Bureau of Anti-Corruption (“Bundesamt zur Korruptionsprävention und Korruptionsbekämpfung”, BAK) was established with the entry into force of the Federal Act on the Establishment and Organization of the Federal Bureau of Anti- Corruption (Bundesgesetz über die Einrichtung und Organisation des Bundesamts zur Korruptionsprävention und Korruptionsbekämpfung (BAK-G) as of 1 January 2010. It is an institution of the Austrian Federal Ministry of the Interior. Organizationally speaking, it is, de jure, established outside the Directorate-General for Public Security and has nationwide jurisdiction in o the prevention of and the fight against corruption, o the investigation of allegations of mistreatment within the responsibility of the Federal Ministry of the Interior (BMI) and performing other tasks assigned by federal law and o security police and criminal police cooperation with foreign and international anti- corruption institutions.

Corruption is a complex phenomenon which must be tackled in a holistic way. According to its legal mandate, the BAK follows a 4-pillar approach.

o Prevention – includes, inter alia, the analysis of corruption phenomena and the development of adequate preventive measures. o Education – through information transfer as well as educational and awareness raising campaigns.  21

o Law enforcement – i.e. security police and criminal police investigations. o Cooperation – with national and international institutions working in the field of preventing and combating corruption, as well as exchange of best practices.

Regarding the admission to the police, it has to be pointed out that in the Austrian public administration and therefore in the service of the executive authority applicants with Austria’s nationality regardless of their ethnic origin will be affiliated if the designated selection procedures (education, health, record) are passed.

The admissions take place in accordance with existing legal regulations of the federal constitution, the law on tender, the public service law for civil servants and the federal Equal Treatment Act.

Relationship between defence policy and the military posture?

Austria’s defence policy is an integral element of its comprehensive national security provisions. In conjunction with its foreign policy and domestic security policy, these serve to • maintain full national sovereignty and integrity, • protect constitutional institutions and critical infrastructure, • protect the population, e.g. by way of disaster relief, • support the national capacity to act in crisis situations of strategic magnitude, • contribute militarily, on the basis of solidarity, to the EU’s Common Security and Defence Policy activities.

Furthermore, the AAF play an important role in the maintenance of domestic security. They must be able to cope with any tasks that may arise when civilian authorities request assistance, e.g. in the areas of law enforcement, disaster relief and the protection of critical infrastructure.

The AAF will have at least 12,500 soldiers available for national disaster relief tasks at all times. The Austrian Security Strategy of 28 August 2024 states that Austria will contribute to stabilisation and conflict resolution within the framework of international organisations and in support of partner states to the best of its ability, in order to strengthen Austrian and European security, when national security interests are affected. Within their available capacities, the AAF will continue to make high-quality contributions with the highest possible functional scope.

Planning and accounting processes in the defence sector? The Austrian Ministry of Defence (MoD) has introduced a guideline for the defence planning process detailing the force planning and procurement process. The planning and procurement process is accompanied by an internal controlling as well as an audit process. Besides that, and according to the parliamentary and democratic values, the AAF are also regularly verified by the Austrian Court of Audit. The overall defence planning is based on the Austrian National Security Strategy (ANSS). The ANSS, as adopted by the Austrian government on 28 August 2024, emphasizes Austria’s  22

determination to shape security with partners based on our interests and values at the EU and international level. Russia is no longer seen as an essential partner, but as an actor that poses a military threat to Europe and seeks to destabilise it. The ANSS also includes responses to new threats such as strengthening the resilience against cyberattacks, hybrid threats and disinformation as a whole-of-government priority. Diplomacy and the engagement in initiatives for the rule of law, human rights, sustainable development and humanitarian disarmament are at the centre of our ambition to strengthen human security. “De-risking” is the new approach for economic security and prosperity championed in the ANSS. The goal is to strengthen the economy by diversifying trade relations and reducing security risks from dependencies on critical raw materials, high technology and supply chains. The Strategic Directive of the Minister of Defence of 28th December 2020 underlines the validity of previous political guidelines. Additionally, it tasks to improve existing capabilities especially in the areas of fight against terrorism, assistance operations, Cyber Defence, autarky and fulfilment of international obligations.

Figures on the defence budget and expenditures? Austria’s economy faced a 1.0% decline in 2023 and is expected to shrink further by 0.9% in 2024. However, it is projected to recover with 0.6% growth in 2025 and 1.2% in 2026. Inflation reached 7.8% in 2023 before dropping to 2.9%2 in 2024. Projections indicate a continued decline to 2.3% in 2025 and 2.0% by 2026. The annual ratio of the defence budget (including pensions) to the GDP is as follows (in million €):

2023 2024 2025 2026 Budget 4,120.8 4,861.01 5,187.6 5,692.1 % 0.87% 1.00% 1.03% 1.10% relative to GDP

Federal Medium-Term Expenditure Framework The Federal Medium-Term Expenditure Framework (MTEF) enables the government to plan the budget over the medium term. The MTEF contains legally binding expenditure ceilings four years in advance on a rolling basis. The draft of the MTEF was presented to Parliament in November 2023 together with the annual budget for 2024. The annual budget, which must respect the boundaries of the MTEF, contains the details for each chapter. One chapter is “military and defence”. Due to ongoing government negotiations, the annual budget for 2025 has not yet been approved.

Restructuring, modernization and privatization programmes in the defence sector? The “Directive for Prioritization and Implementation 2024-2029” defines the short-term defence planning and determines, in accordance with mid- and long-term objectives, the  23

essential guidelines for the realization of the forces development. The focus lies on the enhancement of the capabilities to fight hybrid threats in the land and air domain as well as within the cyber space. Intended is the further strengthening of the air defence forces, anticipation, and early warning and ISR capabilities, as well as the improvement of capabilities for military operations in urban terrain and for countering propaganda and affection in the information domain. Also planned in addition, is the utilization of further UAV and countering emerging air-threats (C-EAT).

Based on the Ministerial Guideline dated 30 June 2021 the Ministry of Defence is currently undergoing a major restructuring, with the purpose of increasing efficiency by better delineating administrative and military tasks at ministerial level.

The Russian war of aggression against Ukraine has fundamentally changed the global and European security orders. Military national defence and the capability to conduct efficient combat operations within the framework of all the constitutional tasks of the Austrian Armed Forces have great importance beyond the hybrid and sub-conventional threats that have been in the fore for a long time. This requires enhancing rapidly the robust military capabilities of the Austrian Armed Forces. The Austrian Armed Forces' profile as described in ‘Unser Heer’ [Our Armed Forces] focuses on military national defence against predominantly non-conventional opponents in Austria and on a more reactive stabilisation of Austria and the EU's environment by steadying conflicts with an impact on Austria. It requires a fundamental shift towards the military protection of Austria's sovereignty against forces attacking with military means, with the focus on the country's own territory and airspace – unlike the Austrian Armed Forces’ previous orientation. The armed forces profile ‘Unser Heer’ thus functions as a basis for the planning and development of the future Austrian Armed Forces with 2032+ as the planning horizon. The “Austrian Armed Forces Development Plan 2032+” foresees investments in the following main areas: • Improved mobility of all forces • Armoured and protected mobility of all forces (infantry, engineer, logistics …) • Mechanized combat troops (armoured infantry brigade) • Replacement of the aging transport aircrafts C-130 Hercules • Modernisation of the transport helicopter fleet • Strengthening of the airspace surveillance • Increased force protection and effectiveness of all soldiers • More training and exercises • Ground based air defence, C-EAT • Reconnaissance systems, ISTAR and other sensors • Command and control • Cyber • Electronic warfare  24

• Self-sufficiency and sustainability in order to strengthen defence readiness • Logistics and medical troops, Storage • Infrastructure

1.2 How does your State ensure that its military capabilities take into account the legitimate security concerns of other States as well as the need to contribute to international security and stability? Doctrine, strategy, national legal framework of decision-making process (security policy guidelines and procedures)?

Pursuant to section 7 § 1 of the Austrian Military Service Act of 2001, the Federal Government determines the fundamental issues concerning the organisation of the armed forces, armament, deployment and designation of troops. The financial resources provided for national defence are laid down in the Federal Finance Act.

In August 2024 the Federal Government agreed on a new security strategy. This strategy takes into account and makes reference to the changes in the emerging security challenges, especially since the Russian aggression against Ukraine

Austria’s security policy is based on the Austrian participation in the Common Security and Defence policy, the constitution and its neutrality law, the pillars of the Charter of the United Nations and the Common Security and Defence Policy of the EU. It is supported by the principles of comprehensive and preventive security, human security and European solidarity.

A central element within the legal and political framework of the decision-making process is the National Security Council (NSC). It is comprised of key government decision-makers, the parliament and provinces coordinated by the Federal Chancellery, where the Secretariat of the NSC is located. The NSC’s functions are to advise and coordinate fundamental issues relevant to the national security of Austria. In cases of emergency the NSC may decide on concrete actions to adequately address a crisis.

A new legal basis for crisis preparedness and management came into force on 1 January 2024 with the approval of the new Federal Crisis Security Act. The new law aims to improve the coordination before and during crisis situations and to strengthen the resilience of the country. It foresees the establishment of the a governmental advisor and a deputy governmental advisor at the Federal Chancellery, responsible for providing overall strategic advice to the government on matters of crisis preparedness, crisis management, comprehensive national defense, national security and state resilience. This includes the regular update of a whole-of- government strategic situation analysis as well as measures and cooperation with the different line ministries and federal provinces, entities of critical infrastructure and strategic guidance when a crisis is declared. A government-level Federal Situation Centre established in the Ministry of the Interior will further ensure the coordination among all relevant ministries in matters of crisis preparedness and crisis management.

The current government program 2025-2029 pledges support for further participation in the development of the EU’s Common Security and Defence Policy and Austria’s intent to uphold  25

its commitment of participation in missions and operations in the framework of the UN, the EU, the OSCE and NATO’s Partnership for Peace. In 2024, a national situation centre was established in order to ensure a whole-of-government approach to security. All relevant information will converge at the centre and be evaluated continuously in the future. This will allow to identify key developments quickly, react at an early stage, and coordinate the efforts of all relevant institutions. In the event of a crisis, the centre will provide the responsible ministers with relevant information and enable state institutions to inform the public accordingly.

Enhancement of institutional crisis management capacity, contribution to prevention of conflicts, peace-building, peace-enforcement, post-conflict stabilization and development?

Austria maintains its comprehensive approach for its security and defence policy in accordance with its constitution, based on neutrality. This policy is consistent with Austria’s internal, foreign and development policies. Austria’s main defence policy objectives remain unchanged: provision of military capability to maintain Austria’s sovereignty and territorial integrity; military assistance to civil authorities; and participation in crisis management missions abroad.

The Austrian Armed Forces (AAF) should be able to provide and sustain contributions to stabilisation and conflict resolution within the framework of international organisations and in support of partner states to the best of its ability. Within their available capacities, the AAF will continue to make high-quality contributions with the highest possible functional scope.

Adherence to pertinent international obligations, initiation or promotion of advanced global and regional security undertakings? Austria is a member of the European Union, the United Nations, the Organisation for Security and Co-operation in Europe and a Partner of NATO in its Partnership for Peace Programme. Additionally, Austria co-operates closely with its neighbors, both bilaterally and within a regional setting. Austria sees a primary responsibility for global security within the framework of the United Nations. A UN mandate can add legitimacy to a mission that is authorized by a regional organization. However, the Austrian constitution allows for partaking in missions based on the mandate of an international organisation, the OSCE or an EU decision. The mutual assistance clause under Article 42 (7) of the Treaty on the European Union is based on Article 51 of the UN Charter. Austria acknowledges the duty to provide assistance pursuant to Article 42 (7) without prejudice to the specific character of its security and defence policy. The EU’s mutual assistance clause only creates legal obligations for Austria to the extent that these are compatible with its neutrality. It also follows from the Treaty that assistance does not necessarily have to be provided by military means.

National traditions and/or subregional security co-operation? Austria’s security policy is based on its full and active participation in the EU’s Common Security and Defence Policy (CSDP) in line with the constitution and on its commitment to  26

effective multilateralism with the UN at the centre. This commitment is underlined by Austria’s role as the seat country of the United Nations and of the Organisation for Security and Co-operation in Europe as well as by its engagement for dialogue and mediation in international conflicts. Specifically in the context of military capability development, Austria is interested in elaborating formats and possibilities for enhanced co-operation, mainly in a regional context (e.g. Central European Defence Cooperation – CEDC). Operations in Southeast and Eastern Europe as well as the Middle East, Northern and Western Africa will continue to be of top priority for Austria given its geopolitical situation, the security policy relevance these regions have for Austria and the expertise and network of relations it has acquired. Depending on international developments, commitment may have to be adapted or even extended, e.g. from the Balkan to the Danube and Black Sea region or to parts of the Middle East or Northern and Western Africa.

Multilateral co-operation, indivisible security, international transparency, and arms control?

In the spirit of solidarity, Austria provides capabilities for adequate contributions to international crisis management operations in the framework of the UN, EU, NATO and OSCE, based on its constitution, relevant constitutional laws and the respective chapters of the Lisbon treaty, preferably with a UN mandate. In addition, Austria participates in different kinds of agreements, conventions and initiatives in the field of arms control, non-proliferation and confidence and security building measures in the framework of the EU, the UN and the OSCE.

Contribution to international peace and constabulary missions?

Currently, the AAF participate in two NATO-led operations (KFOR and NMI, as well as the capacity-building initiative of NATO in Jordan, UN-led operations (UNIFIL and MINUSMA), EU-led operations (EUFOR ALTHEA, EUNAVFOR ASPIDES, EUNAVFOR Med Irini, EUMAM Mozambique) and in several smaller UN-, EU- and OSCE-led civil, training, observer and monitoring missions, partly with only a few officers participating.

Participation of the Federal Ministry of Defence: KFOR The Austrian contribution in the actual operation phase “DETERRENT PRESENCE” includes up to 250 troops: • Staff personnel to HQ/KFOR, RC-W and JLSG • 1 RECCE COY with 2 PLT • 1 MP-PLT

NMI IRAQ The Austrian contribution includes up to 10 troops  27

DCB-I JOR The Austrian contribution includes up to 40 troops

Operational Reserve Force to KFOR and EUFOR Althea (ORF) The Austrian contribution includes up to 150 troops

EUFOR ALTHEA  The AUT contribution includes up to 400 troops:  Staff personnel to EU Staff Group at SHAPE, EUCE at JFC NP and FHQ in SARAJEVO  1 Inf-COY from September 2024 to September 2025 (yearly Rotation with Hungary)  3 LOT  1 Role 1 Medical Facility in Camp BUTMIR

UNIFIL The AUT contribution includes up to 250 troops • Staff personnel to HQ/UNIFIL • 1 Force Multi Role Logistic Unit (maintenance, storage, fuel-support, fire-fighting and transportation within UNIFIL AOO)

UNFICYP Up to 8 staff personnel can be deployed.

MINURSO Up to 15 military observers can be deployed.

UNTSO Up to 14 staff personnel and military observers can be deployed.

EUMM ARMENIA Up to 5 staff personnel and military observers can be deployed

EUMM GEORGIA Up to 5 military observers can be deployed.

EUPM Moldova Up to 5 military observers can be deployed.

EUSDI GoG Up to 30 military observers can be deployed. staff personnel

EUNAVFOR ASPIDES Up to 5 staff personnel can be deployed.  28

EUMAM Mozambique Up to 30 military observers can be deployed.

EUNAVFOR MED Operation IRINI Up to 15 staff personnel can be deployed.

OSCE MOLDOVA Up to 10 experts can be deployed.

OSCE MONTENEGRO Up to 10 experts can be deployed.

OSCE KYRGYZSTAN Up to 10 experts can be deployed.

Participation of the Federal Ministry of the Interior:

EUMM GEORGIA Up to 3 police officers can be deployed.

EU Rule of Law Mission in Kosovo (EULEX Kosovo) Up to 13 police officers can be deployed.

EU Advisory Mission to the Ukraine (EUAM Ukraine) Up to 5 police officers can be deployed.

EU Integrated Border Management Mission (EUBAM Libya) Up to 5 police officers can be deployed.

EU Mission in Armenia (EUMA Armenia) Up to 3 police officers can be deployed.

EU Partnership Mission in Moldova (EUPM Moldova) Up to 5 police officers can be deployed.

United Nations Mission on Kosovo (UNMIK Kosovo) Up to 1 police officer can be deployed  29

Participation of the Federal Ministry of European and International Affairs in the following OSCE field missions: Albania, Astana, Bishkek, Dushanbe, Bosnia and Herzegovina, Moldova, Montenegro, Serbia, Skopje and the SPU.

2. Existing structures and processes

2.1 What are the constitutionally established procedures for ensuring democratic political control of military, paramilitary and internal security forces, intelligence services and the police?

In accordance with the principles of a democratic state governed by the rule of law enshrined in the Austrian Federal Constitution, democratic political control of the security forces is entrusted above all to the following institutions; • parliament (legislative prerogatives incl. adoption of the federal budget, control of the executive branch through instruments such as the approval of international treaties, interpellation of members of government, commissions of enquiry, investigating committees, no confidence motions) • the ordinary judiciary (civilian and criminal courts) • the Constitutional Court and the Administrative Court • Federal Court of Administration • the Public Audit Office • the Ombudsman Board • the Data Protection Authority

For the Federal Ministry of Interior, the civil control is supported by the Legal Protection Commissioner and the Federal Bureau of Anti-Corruption.

Through the new State Protection Act (amended in December 2021 in State Protection and Intelligence Act – Staatsschutz- und Nachrichtendienst-Gesetz, SNG (out of force since 30.11.2021) the Federal Ministry of the Interior provided for the instalment of a Legal Protection Commissioner (“Rechtsschutzbeauftragter”, RSB) regulated in sec 91a to d Security Police act (Bundesgesetz über die Organisation der Sicherheitsverwaltung und die Ausübung der Sicherheitspolizei (Sicherheitspolizeigesetz – SPG) and sec 14 to 17 SNG (Staatsschutz- und Nachrichtendienst-Gesetz). The RSB is an independent expert appointed by the President of the Republic for a period of five10ten years. Its mission is to examine investigative measures implemented by the National Security Authorities. This counters the deficiency of remedies against such measures, which are often carried out without knowledge of the people affected. In some cases, investigative measures have to be authorised by a Legal Protection Senate (sec. 14, para. 3 SNG).

With the entry into force of the BAK-G as of 1 January 2010, the Federal Bureau for Internal Affairs (BIA) was transformed into the BAK. The act provides the legal basis for the BAK and was last amended by BGBl. (Federal Law Gazette) I Nr. 107/2023 (which constitutes i.a. the legal basis for department 4 “Investigation and Complaints Office for Allegations of  30

Police Ill-treatment – EBM). By approving this federal act, Austria met international requirements and obligations concerning the setting-up of independent national anti- corruption bodies. In particular, the United Nations Convention against Corruption (UNCAC), in its articles 6 and 36, calls upon the States Parties to create such authorities. The BAK is thus both a preventive body in accordance with article 6 and a law enforcement institution in accordance with article 36 of the UNCAC. The BAK is an institution of the Austrian Federal Ministry of the Interior. Organizationally speaking, it is, de jure, established outside the Directorate-General for Public Security and has nationwide jurisdiction in • the prevention of and the fight against corruption, • the investigation of allegations of mistreatment within the responsibility of the Federal Ministry of the Interior (BMI) and performing other tasks assigned by federal law and • security police and criminal police cooperation with foreign and international anticorruption institutions.

Furthermore, measures for the protection of constitutional institutions/bodies and their capacity to act are controlled by the Permanent Subcommittee of the Committee for Internal Affairs (Rules of Procedures Act GOG-NR, sec. 31).

On 16 November 2001, a law on the formation of the National Security Council entered into force. This Council, chaired by the Federal Chancellor, must be heard in all fundamental matters of foreign, security and defence policy. It advises the Federal Government and the individual Federal Ministers. Its other members include the Vice-Chancellor, the Federal Minister for European and International Affairs, the Federal Minister of Defence, the Federal Minister of Interior, the Federal Minister of Constitutional Affairs, Reforms, Deregulation and Justice and representatives of the political parties. Moreover, several senior civil servants participate in the National Security Council as advisors: a representative from the President’s Office, a representative from the Presidency of the Governors of the “Länder”, the Secretary General for European and International Affairs, the Chief of Defence, the Director General for Public Security and respectively one civil servant appointed by the Federal Chancellor, the Vice-Chancellor, the Federal Minister for European and International Affairs and the Federal Minister of Defence.

For the purpose of reviewing the measures for the safeguard of constitutionally established agencies and their operative capacity, as well as for the purpose of reviewing intelligence measures to secure the country’s military defence, the Austrian Constitution provides for two standing sub-committees of the Austrian Parliament.

The two standing sub-committees are entitled to request all relevant information and insight into relevant documents. This does not apply to information and documents whose disclosure would endanger national security or the safety of individuals. Section 57 of the Austrian Military Powers Act installs a representative for legal protection, who is authorised to examine the lawfulness of measures of the intelligence agencies.

Austria’s constitutional framework does not foresee a role or mission for private military and security companies (PMSC) for our countries military defence. In case of receiving services from private sector e.g. PMSC; these would be subordinated under proper democratic political control in order to ensure that they act solely within Austria’s constitutional framework.  31

2.2 How is the fulfillment of these procedures ensured, and which constitutionally established authorities/institutions are responsible for exercising these procedures?

The compliance with regulations through civil servants is regardless of the responsibility under criminal law, ensured through the public services law and the disciplinary laws. A violation of official duties through a civil servant will be punished by disciplinary-juridical measures. The penalty depends on the severity of the violation of official duties and can lead to dismissal.

For contract agents there is the possibility of admonition as well as the possibility of termination of the service through suspension or dismissal for violation of official duties.

2.3 What are the roles and missions of military, paramilitary and security forces, and how does your State control that such forces act solely within the constitutional framework?

Under Article 79 of the Austrian Constitution, the Federal Armed Forces' first and foremost task is the „country's military defence“. Other tasks laid down in the Constitution include the “protection of the constitutionally established institutions as well as their capacity to operate and the population's democratic freedoms”, „the maintenance of order and security inside the country in general“, „rendering assistance in the case of natural catastrophes and disasters of exceptional magnitude“. Additional tasks are stipulated by federal constitutional law. The only constitutional law enacted so far in that respect is the „Federal Constitutional Law on Cooperation and Solidarity When Despatching Units and Individuals Abroad“ (KSE-BVG) (Federal Law Gazette Vol. I, No. 38/1997).

The powers of military organs are extensively regulated in the “Military Powers Act” (“Militärbefugnisgesetz”), which entered into force on 1 July 2001 (Federal Law Gazette, Vol. 1, No. 86/2000). This Act covers in a comprehensive way inter alia requests for information, control of persons, instructions to leave a certain place, body search, entering premises, seizure of property, use of weapons and data processing.

3. Procedures related to different forces personnel

3.1 What kind of procedures for recruitment and call-up of personnel for service in your military, paramilitary and internal security forces does your State have?

Male citizens liable and not unfit for military service as well as any other citizens (female, intersex) may volunteer for a kind of military service called “training service,” in order to prepare them for a career as an officer, a non-commissioned officer or a member of a unit of the Forces for International Operations. Pursuant to section 11 of the Military Service Act 2001 compulsory military service means the duty to appear before a draft board and to participate in the necessary physical and psychological evaluation, the duty to serve in the Austrian Armed Forces, the duty to fulfill the obligations as member of the ready reserve and  32

the duty to notify the military authorities of facts with relevance to the service in the military e.g. change of residence etc.

Section 12 of the Military Service Act 2001 divides the Austrian territory into recruitment areas in order to facilitate the registration, evaluation and induction of persons liable for military service. These areas correspond to the territories of the nine Austrian Federal Provinces. Pursuant to section 13 of the Military Service Act 2001 a military command is to be established for each recruitment area, which is responsible for the recruitment of conscripts.

The particulars and other relevant data of persons liable for military service (i.e. name, date and place of birth, place of residence etc.) must, upon request, be communicated to the respective military command by the competent civilian administrative authorities.

After their registration, conscripts are subjected to an evaluation procedure in the year in which they attain the age of 18. Pursuant to section 17 § 1 of the Military Service Act 2001 the examination may only be carried out by evaluation centres (draft boards), which - according to section 15 § 2 of the Military Service Act 2001 - consist of an officer (superior), a doctor and a psychologist. The purpose of the examination is to determine whether a person liable for military service has the physical and mental fitness required for military service. The evaluation procedure usually lasts for 1 1/2 days and is concluded by a written decision declaring him „FIT“, „UNFIT“ or „TEMPORARILY UNFIT“ for military service.

Pursuant to section 9 of the Austrian Military Service Act 2001 only Austrian nationals that have attained the age of 18 (on a voluntary basis this is possible also after having attained the age of 17) and whose physical and mental fitness for military service has been established by the decision „FIT FOR MILITARY SERVICE“ may be called up for military service. Under section 24 of the Military Service Act they are called-up for national service in accordance with military interests by means of a decree in the form of a draft notice (or where military conditions so require, also by a general announcement by the Federal Minister of Defence). The draft notice essentially states the type and duration of the military service to be rendered, as well as the place and time at which the person concerned is to report for duty.

Persons liable for military service are assigned to the individual units by taking into account their aptitudes and military requirements and in the absence of any military requirements to the contrary, also by taking into account their profession and other certified expert knowledge, the place of residence, and any wishes regarding the place of duty, type of force and date of call-up.

The induction into the Austrian armed forces occurs at 00.00 hrs of the day stated in the draft notice, even if a draftee fails to comply with it.

For the admission to the police it has to be pointed out that in the Austrian public administration and therefore also in the service of the executive authority applicants with Austrian nationality regardless of their ethnic origin will be affiliated if the designated selection procedures (education, health, record) are passed (Psychological Test, Clinical – Psychiatric Testing Procedure, Clinical Examination, Admission Interview). At the same time, all application and recruitment requirements (for example the full ability to act, personal and professional suitability, an impeccable reputation or a minimum age of 18 years upon the admission to the police academy) must be met.  33

The admissions take place in accordance with existing legal regulations of the federal constitution, the law on tender, the public service law for civil servants and the federal Equal Treatment Act.

For the admission to the police it has to be pointed out that in the Austrian public administration and therefore also in the service of the executive authority applicants with Austrian nationality regardless of their ethnic origin will be affiliated if the designated selection procedure (Psychological Test, Clinical – Psychiatric Testing Procedure , Clinical Examination, Admission Interview) is passed. At the same time, all application and recruitment requirements (for example the full ability to act, personal and professional suitability, an impeccable reputation or a minimum age of 18 years upon the admission to the police academy) must be met.

At the end of the admission procedure, all applicants, who have successfully completed the whole process, will be ranked based on legal requirements.

Recruitment and call up for voluntary military service: Female Citizens as well as male citizens liable and not unfit for military service may volunteer for a kind of military service called “training service,” in order to prepare them for a career as an officer, a non-commissioned officer or a member of a unit of the Forces for International Operations. The period of this service can range from a minimum of twelve months up to four years. If imperative military interests so require and upon the written consent of the person concerned, this training service may be extended by a period of up to two years. Personnel applying for this service have to pass an aptitude test including a special medical check-up, a psychological screening and a physical fitness test conducted by the Armed Forces Personnel Agency. Call-up of these personnel is similar to compulsory military service, procedures for the subsequent different employments are numerous and varying. The admission in the service of the executive authority takes place within the framework of a comprehensive admission procedure. After applying for free positions, the applicants must undergo a security check and a medical examination; complete a written acceptance test as well as an admission interview and athletic test.

3.2 What kind of exemptions or alternatives to military service does your State have?

Under Article 9a § 3 of the Constitution every male citizen is liable for general military service. According to Article 9a § 4 of the Constitution, any person who has refused to fulfill the compulsory military service and has been dispensed from it, is obliged to render an alternative (civilian) service.

The detailed provisions governing military service are regulated in the Military Service Act 2001 and those governing the civilian alternative service in the Civilian Alternative Service Act 1986 Federal Law Gazette No. 679/1986.

Exemption from the duty to undergo an evaluation procedure: All persons liable for military service must in any event undergo an evaluation procedure unless they are exempt by law from doing so. Pursuant to section 18 § 3 of the Military Service  34

Act 2001, the following members of a legally recognised church or religious community are exempt from this duty: • Ordained priests • Persons who have completed their theological studies and are now engaged in spiritual welfare work for the church or teach theology in schools • Monks • Students of theology preparing for the priesthood

Exclusion from the call-up for military service: Pursuant to section 25 of the Military Service Act 2001 the following persons are excluded from the call-up for military service: • Persons liable for military service on whom a prison sentence has been imposed and who have been granted a postponement or interruption of serving their sentence, are excluded during the period of postponement or interruption. • Persons liable for military service that are imprisoned or otherwise detained by order of a public authority are excluded during the period of imprisonment or detainment. • Persons liable for military service who fulfil the exemption requirements of p. 18 § 3 of the Military Service Act 2001 unless they have expressly agreed to the call-up. • Persons liable for military service excluded due to international law obligations unless they have expressly agreed to the call-up. Moreover, persons liable for military service who have rendered at least two years of service in development assistance abroad, are also exempt from the call-up for military service, unless they have expressly agreed to the call-up.

Exemption from compulsory military service: Pursuant to section 26 § 1 of the Military Service Act 2001, persons liable for military service are exempt from compulsory military service: • ex-officio, if and as long as military considerations or other public interests, in particular overall economic or family policy interests, so require, and • upon their request, if and as long as economic and family interests, that are to be especially taken into account, so require.

Postponement of basic military service: Unless military interests require otherwise, section 26 § 3 of the Military Service Act 2001 provides for the postponement of basic military service upon a request by persons declared fit for military service, if • they were attending school or university or were receiving other preparatory professional training at the beginning of the calendar year during which the induction procedure declaring them fit for the first time or fit again after being found „temporarily unfit“ or „unfit“ began. • they were not called-up for compulsory military service at a certain date within one year after they were in a position to render basic military service, and they would be put at a severe disadvantage as a result of an interruption of their educational or university training or other preparatory professional training A postponement may in any case be granted until they have completed their respective training but must not exceed the date of 15 September of the calendar year during which they attain the age of 28.  35

Duty to render alternative service (civilian alternative service) for conscientious objectors: The constitutional provision of section 2 § 1 of the Civilian Alternative Service Act in the current version gives all persons liable to military service a subjective right guaranteed by constitutional law to refuse military service for reasons of conscience, requiring them at the same time to render alternative service („civilian alternative service“). According to this provision, persons liable to military service who within the meaning of the Military Service Act have been found fit for the first time may declare: • that they are unable to comply with their duty to render military service because - apart from acting in self-defence or assisting in an emergency - they refuse to use arms against other people for reasons of conscience and would thus be faced with a moral dilemma in the military service, and • therefore wish to render civilian alternative service. The right to submit a declaration to that effect is at any rate guaranteed for at least six months following the completion of the pre-induction procedure during which the person liable to military service was for the first time found fit to render such service. In addition, he may submit his declaration until the second day prior to being called-up for compulsory military service. Civilian alternative service lasts for nine months.

3.3 What are the legal and administrative procedures to protect the rights of all forces personnel as well as conscripts?

Administrative Courts: Since January 1, 2014 exist nine “Administrative Courts of the Land”, one for each of the nine “Länder” as well as an Administrative Court of the Federation, to be named “Federal Court of Administration” and an Administrative Court of the Federation for Finance to be named “Federal Financial Court”. All disciplinary actions or measures under the relevant provisions of the service law must be issued in the form of administrative decisions. All soldiers (conscripts as well as civil servants) now have the possibility to challenge any decision in disciplinary proceedings before the Federal Court of Administration. Also any other decision in administrative proceedings (i.e. ordering a transfer or qualified change of assignment) may now be challenged before these administrative courts, depending on the subject matter before an “Administrative Court of the Land” or the “Federal Court of Administration” or the “Federal Financial Court”. The Administrative Courts also replace the former “Independent Administrative Tribunals” and therefore have the competence to judge on complaints from persons who claim an infringement of their rights by a measure of direct coercion.

Appeals to the Constitutional Court or to the Administrative Court: After exhaustion of available remedies, which include the above-mentioned “Administrative Courts”, the final decision can in certain cases be challenged by an appeal against that decision with the Constitutional Court or with the Administrative Court. If the appeal is granted, the impugned judgement is repealed.

Grounds for exemption from Punishment under the Code of Military Offences: Competence for penalising criminal offences committed by soldiers lies with the general courts of criminal justice. In addition to the penal laws applicable to all citizens, the Code of  36

Military Offences also contains provisions governing a number of other offences, including court sentences for violations of the military duty to obey. Any conflict between the soldier's duty to obey, on the one hand, and his or her rights and the obligation to observe the general penal laws, on the other, is avoided with the possibility of exemption from punishment explicitly listed in section 17 of Code of Military Offences. A violation of the duty to obey is not liable to punishment under the Code if the instruction constitutes a violation of human dignity; if it is issued by an incompetent person or agency; if it is invalidated by another instruction; if it is rendered redundant by a change of situation and if obeying the instruction would entail a significant drawback; if it is entirely unrelated to national service; or if it orders the perpetration of a criminal offence. Offences which are committed by superiors or subordinates in violation of the rights of other soldiers are also subject to special punishment under the Code of Military Offences.

Issuance of instructions in writing: A part from the right to refuse to obey an instruction if one of the reasons above applies, a subordinate is also entitled to request a written version of an oral instruction prior to its execution if the instruction relates to facts, news or projects of military relevance, or if he or she has raised objections to the instruction which were not considered. A superior is obliged to comply with such a request unless this is not feasible for service-related reasons.

Regular complaints: Under the general service regulations for the Armed Forces, every soldier has the right to complain orally or in writing about any defects or flaws, in particular any injustice or interference with service competences, affecting him or her in the performance of national service. Regular complaints must be addressed to the competent superior, who is obliged to deal with them expeditiously, however no more than six weeks later. If the complaint is about the superior to whom it would normally be addressed, it may be submitted to the next higher superior. No superior is authorised to deal himself with an ordinary complaint directed against him. If an ordinary complaint is incompletely or not at all granted or dealt with in due time, it may be submitted to the next higher superior within a specified time.

Extraordinary complaint: A soldier may also lodge a grievance in the form of an extraordinary complaint to the Parliamentary Armed Forces Complaints Commission at the Federal Ministry of Defence. Extraordinary complaints filed with the competent national service authority must be forwarded, without delay or compliance with official channels, to the Parliamentary Armed Forces Complaints Commission.

The Parliamentary Armed Forces Commission for Complaints has been established under a constitutional provision of the Military Service Act and is composed of three chairpersons appointed by the Federal Parliament and six members nominated by the political parties in relation to their number of seats in the Main Committee of the Parliament.

Advisory members of the Commission are the Inspector General of the Armed Forces and a civil servant nominated by the Federal Minister of Defence. The tasks of the Parliamentary Armed Forces Complaints Commission are to receive, examine and decide on a recommendation to settle extraordinary complaints from persons who are: undergoing voluntary pre-induction or voluntary military training, liable to pre-induction or national  37

service, soldiers, or members of the militia or reserve who are liable to further service after completion of basic national service.

The Commission is also competent to perform ex-officio examinations of suspected flaws and grievances of national service operations. The Commission is authorised to conduct any investigations required under its mandate directly at the site of the grievance, if necessary, and to obtain all relevant information from the competent authorities.

By 1st of March the Parliamentary Armed Forces Complaints Commission submits an annual report on its activities and recommendations for the previous year, which must be presented every other year to Parliament by the Federal Minister of Defence along with a statement on the recommendations contained in the report.

Complaints to the Ombudsman Board: In addition, soldiers, as all other citizens, have the right to complain about alleged grievances in the federal administration to the Ombudsman Board, established under a constitutional law, to the extent that they are personally affected and provided that no other remedies are available. The Ombudsman Board is obliged to examine each and every complaint that is submitted to it and to inform the appellant about the result of the examination and about the measures taken, if any.

Reports: In conformity with the General Service Regulations, every soldier is obliged to report to his or her superior, without an invitation, any facts, events, news or projects that are relevant to the service operation, in order to enable the superior to take the necessary measures.

Requests: Every soldier has the right to submit, orally or in writing, requests to his or her superior (starting at the level of unit commander). Such requests must list specific reasons. Report meetings during which requests or complaints may be submitted orally are held daily by service units and occasionally by superior command units. Requests or complaints may also be presented in a personal interview which must be granted by the superior subject to service schedules.

Requests must be dealt with by the superior after a thorough examination. If the matter is not within his purview, the superior must immediately transmit the request along with his comments to the competent authority. If a request is not approved, a reason for that decision must be provided. If a request is rejected or insufficiently granted, the soldier has the right to submit the request to the officer who is superior to the one having competence for dealing with the request. Soldiers' representatives and personnel representatives are authorised within their statutory scope of action to submit requests and complaints. They may be asked by soldiers to offer assistance in drafting requests and complaints and to be present during personal talks.

Interferences in the subjective rights of the civil servants or the applicants are just allowed on the base of legal regulations. The violation of subjective rights of the civil servant can be enforced by the person concerned in the proceedings of the civil servant law through a formal declaratory procedure in writing. Moreover, the civil servant and the applicant as person  38

concerned can enforce a possible claim of occurred claims through civil liability in front of an ordinary court

4. Implementation of other political norms, principles, decisions and international humanitarian law

4.1 How does your State ensure that International Humanitarian Law and Law of War are made widely available, e.g., through military training programmes and regulations?

With the current law (Military Service Act 2001, Code of Military Offences, Civilian Alternative Service Act) and the relevant ordinances (General Service Regulations), decrees (Code of Conduct for Soldiers) and training instructions, the prerequisites of the OSCE Code of Conduct are generally considered to be fully complied with.

Moreover, legal advisers are embedded at the Land Forces Command, the Logistics Command, the nine Provincial Military Commands, the Austrian Strategic Intelligence Agency and the Armed Forces Security Agency of the AAF. Legal teachers are embedded at the three main AAF training institutions, namely the National Defence Academy, the Theresian Military Academy and the NCO and Warrant Officer Academy. In order to ensure availability and dissemination of international humanitarian law, the Ministry of Defence created a compilation of the relevant legally binding documents and distributed it among the legal advisers and legal teachers of the AAF, as well as the concerned legal consultants of the Ministry of Defence.

In this respect, also the Austrian National Commission for the Implementation of International Humanitarian Law, which advises the Austrian government on matters relating to IHL, contributes to the implementation and dissemination of IHL in Austria, including through seminars and conferences in cooperation with Austrian universities.

4.2 What has been done to ensure that armed forces personnel are aware of being individually accountable under national and international law for their actions?

Legal basic principles such as international humanitarian law and other international regulations (including e.g. UN Security Council Resolutions), respective conventions and commitments concerning armed conflicts are part of the training within the Austrian Armed Forces (AAF). For this reason, these topics are explicitly included in the curricula of Officers´, NCOs and civil servants basic training. Moreover, national conscript training covers basic instructions regarding international humanitarian law complementing guidelines for the use of military force/ rules of engagement (ROE).

Accordingly, international humanitarian law and other international rules, conventions and commitments concerning armed conflicts are fundamental elements of the advanced and further training of Officers, NCOs and civil servants within the MOD. For instance training  39

courses for senior officers, as well as specialized training for Legal Advisors, place high emphasis on applying these rules in military missions.

During pre-deployment training legal aspects obtain particular attention and designated forces receive a specific, additional education and practical training related to relevant contents and in reference to the conditions in theatre.

Furthermore, these contents and the respective legal principles of international law are also included in various regulations (compliance) throughout the AAF.

The Ministry of Defence is co-organising and conducting two training courses supporting the implementation of regulations, principles and decisions regarding international humanitarian law.

The first course, “International Law for Military Legal Advisers”, is held on a bi-annual basis by the Austrian Ministry of Defence under the auspices of the European Security and Defence College (ESDC), and supported by the International Committee of the Red Cross (ICRC). This course is open to legal advisers of the Armed Forces or of the Ministry of Defence of Austria and other European States. The course is divided into three parts, namely “International Operational Law”, “International Humanitarian Law” and an “Extended Practical Exercise”. Among other issues, the question of accountability of individuals with regard to national and international criminal law and national disciplinary regulations is covered in this course.

The second course, “Protection of Civilians in Armed Conflict”, is held on a yearly basis in cooperation with the Ministry of the Interior, the Ministry of European and International Affairs and the Austrian Study Center for Peace and Conflict Resolution and is open to national as well as international military personnel.

Within the context of international operations, participants are also taught and trained in fundamentals concerning legal and personal responsibility in cases of violations of international provisions to ensure awareness of individual accountability and compliance with national and international criminal law.

4.3 How does your State ensure that armed forces are not used to limit the peaceful and lawful exercise of human and civil rights by persons as individuals or as representatives of groups nor to deprive them of national, religious, cultural, linguistic or ethnic identity?

Trough relevant ordinances (General Service Regulations), decrees (Code of Conduct for Soldiers) and training instructions military personnel is made aware in particular to limit military actions in a way not to harm the peaceful and lawful exercise of human and civil rights by persons as individuals or as representatives of groups nor to deprive them of national, religious, cultural, linguistic or ethnic identity. Austrian military personnel are aware of their personal responsibility and accountability for all actions during military service in national and international duties.  40

Concerning the Armed Forces, a Parliamentary Armed Forces Commission for Complaints has been established under Section 4 of the Military Service Act 2001, whose first and foremost task is to make recommendations for dealing with complaints brought before the Federal Minister of Defence. Furthermore, the Commission is also entitled to undertake, on its own initiative, inquiries on suspected deficiencies and grievances regarding national service.

Concerning the police a Legal Protection Commissioner (“Rechtsschutzbeauftragter”, RSB) was installed to examine and in certain cases to authorize investigative measures implemented by the National Security Authorities (as explained under Section II 2.1). At the same time the Austrian legal framework provides with several possibilities to challenge illegal administrative decisions and law enforcement actions. Such cases can be brought before the administrative courts and under certain conditions before the Constitutional Court and the Administrative Court. Furthermore, the Austrian Ombudsman Board is entitled to undertake, on its own initiative, inquiries on suspected deficiencies and grievances regarding the police as well as national service and make recommendations for dealing with complaints brought before the authorities or before the AOB itself.

Furthermore, officers deployed in the framework of Frontex operations must adhere not only to the OSCE Code of Conduct but also to the Frontex Code of Conduct.

In addition, the Federal Bureau of Anti-Corruption (BAK) of the Ministry of Interior conducts, inter alia, security police and criminal police investigations in the area of combating and preventing corruption. In particular it has nationwide jurisdiction in security and criminal police matters concerning several criminal offences in the context of violations of official duties, corruption and related offences, which are listed in section 4 of BAK-G. Moreover, according to section 4, para. 1, no. 15 BAK-G, the BAK has jurisdiction concerning acts punishable pursuant to the Austrian Criminal Code as well as to laws relevant to criminal law concerning public employees of the Federal Ministry of the Interior, to the extent that they shall be prosecuted by the BAK upon written order by a court or public prosecutor’s office.

Furthermore, the BAK is responsible for cooperation in investigations within the framework of international police cooperation and administrative assistance in cases within its remit. Additionally, the BAK is also responsible for cooperation with foreign authorities and international institutions in the field of prevention of and fight against corruption in general, and exchange of experience in this area. According to section 4, para. 3, of the BAK-G, the BAK has to analyse corruption phenomena, gather information on preventing and combating them and develop appropriate preventive measures. Moreover, to ensure specific legal protection regarding issues arising from the activities of the BAK, a Commission for Legal Protection, subordinate to the Federal Minister of the Interior and consisting of the Legal Protection Officer defined in section 91a of the Austrian Security Police Act (SPG) as well as of two additional members, is established. According to section 9, paragraph 1 BAK-G, the Commission shall investigate allegations concerning the activities of the BAK that are not manifestly unfounded if the persons concerned do not have a legal remedy at their disposal. Paragraph 2 provides that the members of the Commission for Legal Protection are independent in the performance of their duties and not bound by instructions. They are subject to official secrecy. The Commission is neither responsible for tasks of the security police or  41

criminal police, nor is it an administrative or disciplinary authority. It shall report relevant facts to the competent authorities.

An amendment to the BAK Act in 2023 created the legal basis for the establishment of the Investigation and Complaints Office for Allegations of Police Ill-treatment (Ermittlungs- und Beschwerdestelle Misshandlungsvorwürfe – EBM), which began its work on 22 January 2024 (paragraphs 4 ,4a and 5 of the BAK-G). EBM investigates every alleged or possible case of ill-treatment within the area of responsibility of the Federal Ministry of the Interior. Due to the particularly sensitive nature of these investigations, EBM also employs specialised staff from other disciplines, such as psychology, in addition to law enforcement officers and lawyers. EBM is part of the Federal Bureau of Anti-Corruption (BAK), i.e. within the Federal Ministry of the Interior, but outside the Directorate General for Public Security. In order to guarantee the independence of EBM's activities and the fulfilment of its tasks in accordance with the law, an independent advisory board is established at the Federal Ministry of the Interior, which is not bound by instructions. Establishing this advisory board places a special focus on the protection of the constitutional and democratic basic order. The EBM Advisory Board is primarily responsible for the accompanying structural and transparent monitoring of EBM's activities.

Finally, the BAK shall perform its tasks concerning the prevention of and fight against corruption according to its mission statement, which includes the following values: integrity, objectivity, discretion, trust and appreciation.

4.4 What has been done to provide for the individual service member’s exercise of his or her civil rights and how does your State ensure that the country’s armed forces are politically neutral?

Under the Federal Constitution Act and the Military Service Act 2001, all members of the Federal Armed Forces generally have the same civic rights as all other citizens.

At the same time, section 43 of the Military Service Act 2001 provides that the members of armed forces must refrain from any partisan political activity during the duty hours and within the area of national service, such as promoting the aims and objectives of a political party or in an election campaign, or the organisation of meetings and rallies on military premises. Section 43 § 3 of the Military Service Act 2001 prohibits soldiers from taking part in public meetings, manifestations or demonstrations while in uniform.

In the field of basic rights, there are legal restrictions on the right to freedom of expression regarding the duty to preserve official confidentiality and military secrets. Finally, the rights of soldiers are limited by such duties as provided for by laws and ordinances and specifically necessitated by the peculiarities of a military service operation.

4.5 How does your State ensure that its defence policy and doctrine are consistent with international law?  42

– Regular review of strategic and doctrinal documents, rules of engagement and operation plans; The basic document that sets the foundations for Austria’s defence policy and doctrine is the Austrian Security Strategy, (ATSS), which was updated and adopted by Parliament the Federal Government in July 2013August 2024. The Austrian Security Strategy ensures due diligence by legal experts with regard to constitutional as well as international law. In many cases (where security policy is concerned in a general sense) experts are consulted not only from the ATSS was discussed on working level and on the Ministry highest political levels of Defence but also from other various government agencies such as the Federal Chancellery, the Federal Ministry for Europe, Integration of European and Foreign International Affairs, the Federal Ministry of the Interior and the Federal Ministry of the Defence. In addition to this, various experts were consulted in many cases, and in particular where security policy was concerned in a general sense.

The dispositions of the “Federal Constitutional Law on Cooperation and Solidarity in Deploying Units and Individuals Abroad” regarding the necessity of troop deployments abroad to be undertaken in accordance with international law as well as the principles of the UN Charter and the Helsinki Final Act have already been mentioned in the answer to question 2.1. Section I.

Furthermore, the structures of democratic control referred to in the answer to question 2.1. of Section II can also be considered as important guarantors for the consistency of national defence policy and doctrine with international law.

In addition, the Republic of Austria accepted the obligation to establish legal advisers in its armed forces by ratifying the First Additional Protocol to the Geneva Conventions of 12 August 1949 for the Protection of Victims of International Armed Conflicts (CP I), Federal Law Gazette No. 527/1982. In order to be appointed as a legal adviser in the armed forces, the successful completion of a department-specific training programme in international law is a mandatory requirement (the “International Law for Military Legal Advisers Course” as described above). As a result of their extensive training, they are experts not only in national law, but also in international humanitarian and operational law. The duties of the legal advisors include consulting military commanders on the application of international humanitarian law, instructing the armed forces on international humanitarian law and advising on other legal matters relating to the respective command level.

Section III: Public access and contact information

1. Public Access

1.1 How is the public informed about the provisions of the Code of Conduct?

The implementation of relevant provisions of the Code of Conduct is pursued by the respective Federal Ministries. These Ministries are providing information according to their public policy information on defence and security policy issues through their press and public  43

division on a regularly basis. This is done by press releases or by posting relevant information on the internet homepages of these Ministries, whereas requests for additional information could be made by everyone;

https://www.bmeia.gv.at/das-ministerium/presse/ https://www.bundeskanzleramt.gv.at/bundeskanzleramt/nachrichten-der- bundesregierung/2020.html https://www.bmeia.gv.at/das-ministerium/presse/ https://www.bundeskanzleramt.gv.at/bundeskanzleramt/nachrichten-der- bundesregierung/2020.html https://www.bmi.gv.at/news.aspx https://www.bak.gv.at/start.aspx http://www.bmlv.gv.at/journalist/pa_menu.php http://www.bmj.gv.at/buergerinfo/index.php?nav=68

In addition, public broadcasting stations and selected newspaper are contracted to publish changes and updates on national regulations and laws. Among those also information on national policies related to provisions of the Code of Conduct is provided to the public.

1.2 What additional information related to the Code of Conduct, e.g., replies to the Questionnaire on the Code of Conduct, is made publicly available in your State?

(See answer 1.3 of the same section)

1.3 How does your State ensure public access to information related to your State’s armed forces?

Public access to information on the Austrian Armed Forces is ensured by the fact that all politically or legally relevant documents and decisions are published and easily made available. This is achieved by using different modes to provide related information;

Internet: www.bmlv.gv.at, www.bundesheer.at, Periodika: “TRUPPENDIENST” and “ÖMZ-Österreichische Militärische Zeitschrift” Events: Presentation of the Austrian Armed Forces on National Holiday 26 October as well as open days at barracks. Seminars: Regular presentation and discussion of military related topics at National Defence Academy and National Military Academy.

In addition, the Ministry of Defence is providing videos, leaflets as well as posters on military activities and missions. Finally, military officers are visiting schools on request and provide information on the military system in Austria.

The rules concerning the access to classified information received by Austria from international organizations and other states are contained in the “Law on Information Security”. It restricts the information access to public officials and other persons if they need  44

access to enable them to fulfil their official duties or for an activity in the public interest (“need to know principle”). The law does not apply in relation to the Austrian Parliament, which has its internal procedures for the protection of classified documents. It stipulates that the Austrian classification has to guarantee the level of protection envisaged by international organizations or other states and would not provide a basis for a higher classification.

2. Contact information

2.1 Provide information on the national point of contact for the implementation of the Code of Conduct.

Austrian Federal Ministry for Europe, Integration and European Affairs

Unit II.4 – Military Affairs and non-military Security Affairs in the framework of the OSCE

BMEIA, Pestalozzigasse 2, A-1010 Wien Tel.: +43 (0)5 01150-4310, E-mail: AbtII4@bmeia.gv.at

https://www.bmeia.gv.at/das-ministerium/presse/  45

Voluntary reporting on the Implementation of OSCE MC.DEC 14/05 and UNSCR 1325 on Women, Peace and Security

1. Implementation of UNSCR 1325 through Austria’s National Action Plan

Austria was one of the first countries to develop a National Action Plan (NAP) on the Implementation of UN Security Council Resolution 1325 (UNSCR 1325), which was adopted in 2007. A comprehensive revision of the NAP’s goals and activities was carried out in 2011 in close cooperation with all relevant ministries and civil society. As a result of this process, a revised NAP was adopted by the Austrian Government in January 2012. The revised NAP reflects the commitment of the Austrian Government to implement UNSCR 1325 in the context of Austria’s humanitarian, diplomatic, crisis management and development cooperation activities. It aims at strengthening inter-ministerial cooperation and takes account of the follow-up resolutions to UNSCR 1325 as well as the indicators that were developed by both the United Nations and the European Union to track and assess progress on the implementation of UNSCR 1325.

The most important objectives pursued by the Austrian NAP include:

Increasing the share and representation of women in peace operations as well as enhanced consideration of the objectives defined in UNSCR 1325 in training activities for international peace operations;

Strengthening the increased participation of women in all stages of peace processes and conflict prevention, especially by promoting local peace initiatives by women and increasing the share of women in decision-making positions in international and European organisations;

Preventing gender-specific violence, protecting women’s rights and accounting for protection and security needs of women and girls within the scope of peace support operations and humanitarian missions and in camps for refugees and internally displaced persons (IDP).

Measures to be taken to this end include: Implementing a targeted staffing policy aimed at increasing the share and representation of women among the military, police and civilian personnel deployed by Austria;

Strengthen the position and establishment of the “mentoring program” dedicated to female recruits within the Austrian armed forces. This program aims at establishing a low dropout rate of women in basic training by providing guidance trough experienced female personnel across all ranks. Including the content and objectives of UNSCR 1325 as an integral part of training and education activities;

Pursuing a consistent zero-tolerance policy on sexual exploitation and abuse as well as conducting respective awareness raising and training for military, police and civilian personnel deployed by Austria;  46

Continuing Austria’s relevant political commitment and advocacy related to the implementation of UNSCR 1325 at international and regional levels; Launching specific activities and supporting projects and programmes aimed at empowering women and girls in conflict and post-conflict regions.

The implementation of the revised NAP is monitored and supervised by a working group led by the Federal Ministry for Europe, Integration and Foreign Affairs, composed of representatives of all relevant ministries and agencies as well as the Austrian Development Agency (ADA). This working group reviews the NAP’s implementation and further development and documents its findings in detailed annual implementation reports that are submitted to the Austrian Government and forwarded to the Parliament. The annual reports are prepared by the working group in consultation with civil society representatives (from non-governmental organisations, research institutions, etc.) on the basis of joint meetings held at least once a year. In 2021, the Austrian NAP was reviewed for its effectiveness, which lead to adaptations of the implementation report for better readability. Thus, important goals, measures and indicators from the Austrian NAP as well as the EU Action Plan for the WPS Agenda 2019 – 2024 were added to the implementation report.

The 12th annual NAP implementation report – covering the period 1 January 2020 until 31 December 2020 – was adopted by the Austrian Government on 15 December 2021 and subsequently forwarded to the Parliament for information. The implementation process is a transparent one, with the full report being published (in German language) on the website of the Federal Ministry for Europe, Integration and Foreign Affairs, where the NAP itself (in German and English language) and the previous annual reports made publicly available as well: https://www.bmeia.gv.at/en/european-foreign-policy/human-rights/priorities-of- austrian-human-rights-policy/womens-rights/women-peace-and-security-sc-res-1325/

The 13th annual NAP implementation report, covering the period 1 January 2021 until 31 December 2021, is currently being prepared. has been published here.

The 14th annual NAP implementation report, covering the period 1 January 2022 until 31 December 2022, has been published here.

2. Implementation of UNSCR 1325 in the Austrian Armed Forces

Prevention – Education and Pre-deployment Training Specific steps have been taken by the Ministry of Defence in the field of education and training to support the implementation of the women, peace and security agenda. Following findings of a qualitative study in 2010 on the status of implementation of UNSCR 1325, Austria identified the necessity to conduct specific training for military and civilian personnel on the provisions and objectives of UNSCR 1325, including as part of the national pre- deployment training for military personnel. Since 2012 training courses for military officers of the Austrian Armed Forces include a compulsory four-hour teaching unit on gender- perspectives in military operations. Additionally, a voluntary two-day in -depth seminar on gender mainstreaming is offered by the Austrian Armed Forces, aiming to increase the level of knowledge. Furthermore, training contents of the UN Core Pre-Deployment Training  47

Materials (UN CPTM) such as “Prevention of Sexual Exploitation and Abuse”, “Gender Equality in Peacekeeping”, “Code of Conduct”, and “Child Protection” were made an integral part of Austria’s national pre-deployment training for UN missions. In addition, lectures on International Humanitarian Law and Cultural Awareness are provided for peacekeeping personnel with specific mission tasks.

Within the broader context of the Protection of Civilians (PoC), Austria has developed and conducted several courses, which include a special focus on UNSCR 1325, dealing with conflict-related sexual violence as well as gender-specific protection needs. The UN- and EU-certified interdisciplinary training course on comprehensive PoC for operational level personnel takes place twice a year. The course was conducted for the 15th time in November 2021. Due to the current COVID-19 pandemic, both courses in 2021 were conducted in an online format. Until November 2021, 420 national and international participants have been trained (29 % female).

In October 2017, the Ministry of Defence hosted the “United Nations Comprehensive Protection of Civilians Training of Trainers Course” (UN ToT) for the fourth time. This course is designed to enable trainers, instructors and teachers of military units and officers from defence or security structures or civilian equivalents, to successfully plan and conduct education, training and exercises in the field of PoC, including conflict-related sexual violence and gender-specific protection needs.

In 2016, the UN ToT was replaced by an “UN Integrated Protection of Civilians training materials Development Workshop” (IPOC Workshop) aiming to integrate guidance on the Protection of Civilians, Child Protection and Conflict-Related Sexual Violence in UN peacekeeping into one set of training materials. The IPOC training materials thus highlight the inherent linkages between the three areas and provide a single comprehensive training package to member states.

In addition, the Ministry of Defence has developed an “Interdisciplinary course for senior personnel in crisis management for the protection of civilians in armed conflicts on a tactical level” (Tactical Level Protection of Civilians Course), which includes a segment specifically on UNSCR 1325. The first course took place in April 2017 and has been conducted a second time in the following year (with 26 national and international participants; 19% female).

Participation Austria is committed to increase the share of women in the armed forces, including in decision-making positions, as well as the number of female personnel deployed to international missions. To this end, specific measures have been taken by the Ministry of Defence to recruit and retain women in the organisation. Among others, a family-friendly work environment with flexible working hours and child care arrangements has been implemented. The number of women in the Austrian Armed Forces has slightly increased compared with the previous year: Roughly 4.06 % of the personnel are female with a total of 86 women participating in international peace operations in 2020. Austria strives to increase the number of Austrian women deployed to OSCE field missions as well as the number of female military personnel participating in international peace operations.  48

On the occasion of the 10th anniversary of the adoption of UNSCR 1325 in October 2010, Austria committed itself to train and deploy Gender Advisors to peace operations. Within a year, Austria successfully deployed the first Gender Field Advisor to the NATO-led Kosovo Force (KFOR) in 2011. Gender Advisors act as support and direct advisor to the commander, as well as to the rest of the operational organisation, and thereby contribute essentially to the implementation of a Gender Perspective into the planning, execution and evaluation of KFOR’s operations. Furthermore, it is the task of Gender Advisors to ensure that KFOR’s strategic, operational and tactical level personnel are trained on the provisions and objectives of UNSCR 1325 as well as on ways to identify and integrate Gender Dimensions in their daily work. The Gender Advisor of KFOR has been provided by Austria on a regular basis in 2011, 2012, 2013, 2015, 2017, 2019, 2020, and 2021.

From May 2018 until May 2019, Austria deployed a female Gender Advisor to the United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA). Furthermore, Austria deployed the first Gender Adviser to the European Union Training Mission in Mali (EUTM Mali) in 2019 and again in 2021.

Altogether, the Austrian Armed Forces have deployed Gender Advisors to UN, EU and NATO peace operations, which makes it possible to draw on a wide range of experience. In order to sustain the deployment of Gender Advisors by Austria, the Ministry of Defence continues to work on the establishment of a pool of experts, including adequately trained and qualified Gender Advisors. To this end, Austrian personnel has participated in the following international courses:

• “SWEDINT Gender Advisor/Gender Field Advisor Course”: two participants in 2021 (total of 20 participants) • “SWEDINT Gender Focal Point”: one participant in 2021 • “SWEDINT Gender Training of Trainers Course”: total of five participants • “SWEDINT Commanding Officer Seminar on Gender Perspective in Military Operations”: total of four participants • “ESDC A Comprehensive Approach to Gender in Operations” Course: total of seven participants.

In implementation of the UNSCR 1325 and the UN Gender Parity Strategy, the Austrian Armed Forces also put a special focus on the training and deployment of female Military Observers. In 2020, Austria deployed its first female Military Observers. Since then, female Military Observes have been deployed to the following missions: • 2020: United Nations Truce Supervision Organization (UNTSO) • 2020 and 2021: United Nations Mission for the Referendum in Western Sahara (MINURSO).

Activities and Engagement in International, Regional and Sub-regional Organisations In all bi- and multilateral contacts as well as international, regional, and sub-regional organisations, Austria is committed to promoting the implementation of the provisions and objectives of UNSCR 1325, thereby encouraging the increased involvement of women in all stages of peace processes and conflict prevention. Within the framework of the European  49

Union (EU), Austria therefore continues to support the joint efforts to strengthen human rights and gender equality in the EU’s Security and Defence Policy Missions.

In 2017 Austria signed the voluntary „Compact between the Secretary-General of the United Nations and the Government of Austria: Commitment to eliminate sexual exploitation and abuse”. The Compact sets out a statement of commitment by the United Nations and the government of Austria, which affirms that sexual exploitation and abuse in peace operations runs counter to our common values, and pledges to take all possible measures to uphold the right of every person to be free from such deplorable acts without discrimination, with the victim being at the center of concerns. The Compact also includes specific commitments made by the United Nations and the government of Austria to ensure support and assistance to victims, to maintain efforts to prevent sexual exploitation and abuse in peace operations and to strengthen accountability measures. In 2018, at a side-event of the 73rd United Nations General Assembly, a Collective Statement of the Members of the Secretary-General’s Circle of Leadership on the Prevention of and Response to Sexual Exploitation and Abuse in United Nations Operations was issued. The Federal President of Austria joined the Circle of Leadership in 2017.

In the working programme of Austria’s cooperation with NATO in the framework of the NATO Partnership for Peace (PfP) 2021-2024, a Partnership Goal (PG) “Human Security” also included the women, peace and security agenda as a focus. The PG states that Austria develops and implements policies and standards on the cross -cutting Human Security topics of Protection of Civilians (PoC), Children and Armed Conflict (CAAC), Cultural Property Protection (CPP), Human Trafficking (THB), and Conflict Related Sexual Violence (CRSV). According to the definition set out in the PG, Human Security is a population-centric approach to security that is underpinned by the values on which NATO is founded – democracy, individual liberty and the rule of law. Being prevention-oriented, Human Security in part deals with the development of early warning mechanisms that help mitigate the impact of current and upcoming threats to women, men, boys and girls, and help prevent possible occurrence of future challenges. To achieve these goals in the Austrian Armed Forces, a new Unit was established in 2021 that focuses on Human Security in peace operations and as such will deal with the above-mentioned cross cutting Human Security topics as well as Women, Peace and Security and Sexual Exploitation and Abuse (SEA) in the operational context.

In November 2024, Austria as a partner to NATO endorsed the new NATO policy on Women Peace and Security, which is modelled closely on UN SR 1325 and subsequent Resolutions and has four aims: Gender-responsive leadership and accountability, strengthening of participation of women, prevention of threats that disproportionately impact women and girls and the promotion of protection from gender-based violence. Associated partners receive annual progress reports and are included in the discussion on the further development on the WPS-Agenda in NATO.

Within the OSCE, Austria, Finland, and Turkey launched a joint initiative for the adoption of an OSCE-wide Action Plan on the Implementation of Resolution 1325 (WAP) at the OSCE Ministerial Council in Dublin in December 2012. The draft aims at mainstreaming the resolution’s contents and objectives in all relevant areas of work of the OSCE as well as promoting the development of National Actions Plans by OSCE Member States. In June  50

2013, Austria, together with Finland, Kazakhstan and Turkey, presented a revised version of the draft WAP. Since then, Austria, has continued to promote and call for the adoption of an OSCE-wide action plan in the OSCE, including through a joint statement with Finland, Kazakhstan and Turkey at the 832th OSCE Forum for Security Cooperation (FSC) and a statement by the OSCE Men Engage Network at the 487th OSCE FSC. Moreover, Austria has made the implementation of UNSCR 1325 a priority under the Austrian OSCE Chairmanship 2017, with a specific focus on mainstreaming a gender perspective and increasing women’s participation across all elements of the conflict cycle, as well as the role of the media in implementing UNSCR 1325. Among the activities on UNSCR 1325 organized and supported by the Austrian OSCE Chairmanship are an event on gender in operations, a high-level retreat on successful peace processes and inclusion of women, and a gender equality review conference, which among other topics will address ways to increase women’s participation in the security sector.

Continuing Austria’s efforts to promote the implementation of UNSCR 1325, in preparation of the High-level Review on UNSCR 1325 and as a contribution to the Global Study on UNSCR 1325 and the Beijing +20 campaign of UN Women, the symposium “Enhancing Women’s Share in Peace and Security” was organized. The two-day symposium, which took place in November 2014 in Vienna, brought together international experts from politics, governments, the military, academia, the media and civil society and set out to discuss major achievements, remaining challenges and emerging priorities in the implementation of UNSCR 1325, as well as providing recommendations for the way ahead. The key findings of the symposium are reflected in a policy paper, which has also been circulated as a Security Council document on 27 February 2015 under the symbol S/2015/142 and which even five years later is highly remains highly topical.

3. Other Information

Gender equality and the empowerment of women are underlying principles of Austria’s bi- and multilateral development cooperation. In terms of targeted international financing, the Austrian Development Agency (ADA) has been supporting projects and programmes abroad at different levels to strengthen the implementation of Resolution 1325 and subsequent resolutions. This included projects and programmes that supported gender mainstreaming and women´s participation in political and administrative decision making processes as well as gender sensitive transitional justice processes through specific contributions to the Justice Law and Order Sector. Moreover support was given to programs of the Women, Gender and Development Directorate of the African Union Commission and to regional programmes in cooperation with international and local NGOs in the South Caucasus, Africa and South East Asia. In 2016, the Association of Austrian Peacekeepers organized the annual Blue Helmet Forum Austria (BHFA) on the topic of “Women in Peace Operations”. As part one of a three year-long series, the 2016 BHFA looked at the “Mission Experience” of military, police and civilian members of past and current peace operations. During the course of four panels, the participants of the 2016 BHFA discussed the topic of women in peace operations, covering a Historical Review and Future Challenges of Peace Operations, the Civilian and Police Perspective, the Military Perspective as well as Gender Issues in Peace Operations. The BHFA 2017 on “Women in Peace Building and Reconciliation” further discussed women’s participation in economic recovery, women’s role for social cohesion and women’s role in achieving political legitimacy in the context of the seven-point Action Plan, the commitment  51

of the United Nations’ to improve women’s situations in post-conflict countries. In four panels participants discussed the role of UNSCR 1325 for peacebuilding, the role of UN peace operations for women’s peacebuilding Efforts, practical experiences of women as peacebuilders, reflected on lessons learned and presented an outlook on the way ahead. The third and last event of the event series on “Women in Peace Operations” of the BHFA focused on “Women’s Participation and Leadership in Military Components of Peace Operations”. In the BHFA 2021 the necessity of including women in Peacekeeping Operations was also stressed out. The need to increase adequate quotas for women in UN peacekeeping operations was highlighted and was described as an issue of strategic importance.

Voluntary reporting on the democratic and political control of private military and security companies

Austria mainly uses services of private military and security companies (PMSC) to meet specific logistics and support requirements. Companies wishing to establish as PMSC in Austria need to comply with the relevant legal provisions, in particular of corporate law, industry and crafts law, tax law as well as weapons law. These restrictive provisions are sufficient in order to allow the control of the registration and operation of PMSCs on Austria’s territory.

Section 321 of the Austrian Criminal Code contains a definition of the crime of genocide. Furthermore, the Federal Law amending the Criminal Code and the Code of Criminal Procedure, Federal Law Gazette Nr. 106/2014 incorporated all the crimes set out in the Rome Statute, including war crimes and crimes against humanity in a new section 321a – f of the Austrian Criminal Code.

In accordance with the Austrian Criminal Code civilian as well as military persons may be prosecuted. Section 64 of the Austrian Criminal Code also provides for the jurisdiction of Austrian Courts over certain crimes not committed on Austria’s territory even if the act is not subject to prosecution in the country concerned (e.g. extortive abduction, slave trade, trafficking in human beings, organized crime, drug-related crimes, air piracy, terrorism- related crimes, genocide, war crimes, crimes against humanity, enforced disappearance and torture). According to Section 65 of the Austrian Criminal Code, Austrian courts also have jurisdiction over certain crimes committed outside Austria’s territory, if the act is subject to prosecution in the country concerned and if the perpetrator is caught on Austrian territory and cannot be extradited for a reason other than the nature or feature of his act.

Austria is supporting the Montreux document since its launch in 2008 and participates regularly in the meetings of the Montreux Document Forum.

Annex I: List of international agreements and arrangements

Please indicate if your State is party to the following universal and regional legal instruments relevant to preventing and combating terrorism and related co-operation in criminal matters. If your State is not a party to a treaty, but considers becoming a party, kindly indicate at which stage is such consideration (e.g. undergoing inter-ministerial coordination, approved by  52

government and sent to parliament, approved by parliament and awaiting enactment by president, etc).

Name of the treaty Party by: Law and date ratification of ratification, P(R), accession accession, P(a), succession, succession acceptance, or P(s), approval acceptance P(A), approval P(AA), or Not party

Universal legal instruments 1 Convention on Offences and Certain Other Acts a 07.02.1974 Committed on Board Aircraft (1963) BGBl. Nr. 247/1974 2 Convention for the Suppression of Unlawful R 11.02.1974 Seizure of Aircraft (1970) BGBl. Nr. 249/1974 3 Convention for the Suppression of Unlawful Acts R 11.02.1974 against the Safety of Civil Aviation (1971) BGBl. Nr. 248/1974 4 Convention on the Prevention and Punishment of a 03.08. 1977 Crimes Against Internationally Protected Persons BGBl. Nr. (1973) 488/1977 5 International Convention against the Taking of R 22.08.1986 Hostages (1979) BGBl. Nr. 600/1986 6 Convention on the Physical Protection of Nuclear R 22.12.1988 Material (1979) BGBl. Nr. 53/1989 7 Protocol for the Suppression of Unlawful Acts of R 28.12.1989 Violence at Airports Serving International Civil BGBl. Nr. Aviation, supplementary to the Convention for the 63/1990 Suppression of Unlawful Acts against the Safety of Civil Aviation (1988) 8 Convention for the Suppression of Unlawful Acts R 28.12.1989 against the Safety of Maritime Navigation (1988) BGBl. Nr. 406/1992 9 Protocol for the Suppression of Unlawful Acts a 28.12.1989 Against the Safety of Fixed Platforms Located on BGBl. Nr. the Continental Shelf (1988) 406/1992 10 Convention on the Marking of Plastic Explosives R 31.05.1999  53

for the Purpose of Detection (1991 ) BGBl. III Nr. 135/1999 11 International Convention for the Suppression of R 06.09.2000 Terrorist Bombings (1997) BGBl. III Nr. 168/2001 12 International Convention for the Suppression of the R 15.04.2002 Financing of Terrorism (1999) BGBl. Nr. 77/2007 13 International Convention for the Suppression of R 14.09.2006 Acts of Nuclear Terrorism (2005) BGBl. III Nr. 77/2007 14 Amendment to the Convention on the Physical R 18.09.2006 Protection of Nuclear Material (2005) 15 Protocol to the Convention for the Suppression of R 18.06.2010 Unlawful Acts against the Safety of Maritime BGBl. III Nr. Navigation (2005) 85/2010 16 Protocol to the Protocol for the Suppression of R 18.06.2010 Unlawful Acts against the Safety of Fixed Platforms BGBl. III Nr. Located on the Continental Shelf (2005) 85/2010 17 Convention on the Suppression of Unlawful Acts Not party Relating to International Civil Aviation (2010) 18 Protocol Supplementary to the Convention for the Not party Suppression of Unlawful Seizure of Aircraft (2010) 19 The United Nations Convention Against R 23.09.2004 Transnational Organized Crime (2000) BGBl. III Nr. 84/2005

The Council of Europe legal instruments 20 European Convention on the Suppression of R 04.08.1978 Terrorism (1977) CETS No: 090 BGBl. Nr. 446/1978 21 Protocol amending the European Convention on the Not party Signed on Suppression of Terrorism (2003) CETS No: 190 15.05.2003 22 Council of Europe Convention on the Prevention of R 15.12.2009 Terrorism (2005) CETS No: 196 BGBl. III Nr. 34/2010 23 Council of Europe Convention on Laundering, R 01.11.2020 Search, Seizure and Confiscation of the Proceeds BGBl. III Nr. from Crime and on the Financing of Terrorism 48/2020 (2005) CETS No: 198 24 European Convention on Extradition (1957) CETS R 21.05.1969 No: 024 BGBl. Nr. 320/1969 25 Additional Protocol to the European Convention on Not party Extradition (1975) CETS No: 086 26 Second Additional Protocol to the European R 02.05.1983 Convention on Extradition (1978) CETS No: 098 BGBl. Nr. 297/1983  54

27 European Convention on Mutual Legal Assistance R 02.10.1968 in Criminal Matters (1959) CETS No: 030 BGBl. Nr. 41/1969 28 Additional Protocol to the European Convention on R 02.05.1983 Mutual Legal Assistance in Criminal Matters (1978) BGBl. Nr. CETS No: 099 296/1983 29 Second Additional Protocol to the European R 10.11.2017 Convention on Mutual Legal Assistance in BGBl. III Nr. Criminal Matters (2001) CETS No: 182 22/2018 30 European Convention on the Transfer of R 01.04.1980 Proceedings in Criminal Matters (1972) CETS No: BGBl. Nr. 073 250/1980 31 Convention on Laundering, Search, Seizure and R 07.07.1997 Confiscation of the Proceeds from Crime (1990) BGBl. III CETS No: 141 Nr.153/1997 32 Convention on Cybercrime (2001) CETS No: 185 R 13.06.2012 BGBl. III Nr.140/2012

Please list below any other regional, sub-regional or bi-lateral agreements or arrangements relevant to preventing and combating terrorism and related co-operation in criminal matters, to which your country is a party. Police Cooperation Convention for Southeast R 13.06.2019 33 Europe BGBl. III Nr. 152/2011 Agreement between the Parties to the Police Not party Signed on 34 Cooperation of Southeast Europe on the Automated 13.09.2018; Exchange of DNA Data, Dactyloscopic Data and Undergoing Vehicle Registration Data ratification

Bilateral Treaties Arbeitsübereinkommen zur Bekämpfung von Terrorismus und Drogenhandel zwischen dem österreichischen Bundesminister für Inneres und dem ägyptischen Minister des Inneren  55

Land Ägypten Gegenstand polizeiliche Zusammenarbeit Ort d. Unterzeichnung Wien Datum d. Unterzeichnung 26.02.1988 In-Kraft 26.02.1988 BGBl. Nr. nicht kundgem.

Abkommen zwischen der Österreichischen Bundesregierung und dem Ministerrat der Republik Albanien über die polizeiliche Zusammenarbeit

Land Albanien Gegenstand polizeiliche Zusammenarbeit Ort d. Unterzeichnung Tirana Datum d. Unterzeichnung 29.06.2007 In-Kraft 01.02.2008 BGBl. III Nr. 134/2007

Abkommen über die polizeiliche Zusammenarbeit zwischen der Bundesministerin für Inneres der Republik Österreich und dem Minister für Innere Angelegenheiten der Republik Aserbaidschan

Land Aserbaidschan Gegenstand Polizeibehörden Ort d. Unterzeichnung Wien Datum d. Unterzeichnung 14.07.2005 In-Kraft 01.01.2006 BGBl. III Nr. 44/2006

Abkommen zwischen dem Bundesministerium für Inneres der Republik Österreich und dem Sicherheitsministerium von Bosnien und Herzegowina über die polizeiliche Zusammenarbeit

Land Bosnien und Herzegowina Gegenstand Polizeibehörden Ort d. Unterzeichnung Wien Datum d. Unterzeichnung 05.05.2006 In-Kraft 01.09.2007 BGBl. III Nr. 99/2007

Abkommen zwischen der Österreichischen Bundesregierung und der Regierung der Republik Bulgarien betreffend polizeiliche Zusammenarbeit

Land Bulgarien Ort d. Unterzeichnung Wien Datum d. Unterzeichnung 29.05.2002 In-Kraft 01.08.2002 BGBl. III Nr. 206/2002  56

Vereinbarung zwischen dem Bundesminister für Inneres der Republik Österreich und dem Bundesminister des Inneren der Bundesrepublik Deutschland über die Zusammenarbeit bei der Bekämpfung des internationalen Terrorismus, der organisierten internationalen Kriminalität, des internationalen Suchtgifthandels und der unerlaubten Einreise

Land Deutschland Ort d. Unterzeichnung Wien Datum d. Unterzeichnung 13.04.1988 In-Kraft 13.04.1988 BGBl. Nr. nicht kundgem.

Vertrag zwischen der Republik Österreich und der Bundesrepublik Deutschland über die grenzüberschreitende Zusammenarbeit zur polizeilichen Gefahrenabwehr und in strafrechtlichen Angelegenheiten

Land Deutschland Gegenstand Polizeibehörden Ort d. Unterzeichnung Berlin Datum d. Unterzeichnung 10.11.2003 / 19.12.2003 In-Kraft 01.12.2005 BGBl. III Nr. 210/2005

Vereinbarung zwischen dem Bundesminister für Inneres der Republik Österreich und dem Ministerium für Inneres der Republik Estland über die Zusammenarbeit bei der Bekämpfung der internationalen organisierten Kriminalität, des internationalen illegalen Suchtgifthandels und des internationalen Terrorismus

Land Estland Gegenstand Kriminalität, Suchtgifthandel und Terrorismus Ort d. Unterzeichnung Wien Datum d. Unterzeichnung 07.07.1998 In-Kraft 07.07.1998 BGBl. Nr. nicht kundgem.

Abkommen zwischen der Bundesministerin für Inneres der Republik Österreich und dem Ministerium für innere Angelegenheiten von Georgien über die polizeiliche Zusammenarbeit

Land Georgien Gegenstand Polizeibehörden Ort d. Unterzeichnung Wien Datum d. Unterzeichnung 22.02.2010 In-Kraft 01.01.2011 BGBl. III Nr. 124/2010  57

Vereinbarung zwischen der Österreichischen Bundesregierung und der Regierung der Italienischen Republik über die polizeiliche Zusammenarbeit

Land Italien Gegenstand Grenzverkehr Ort d. Unterzeichnung Wien Datum d. Unterzeichnung 15.12.1997 In-Kraft 01.03.2000 BGBl. III Nr. 52/2000

Vertrag zwischen der Regierung der Republik Österreich und der Regierung der Italienischen Republik über die polizeiliche Zusammenarbeit

Land Italien Gegenstand Polizeibehörden u. Zollverwaltungen Ort d. Unterzeichnung Wien Datum d. Unterzeichnung 11.07.2014 In Kraft 01.04.2017BGBl. III Nr. 47/2017

Übereinkommen zwischen dem Bundesminister für Inneres der Republik Österreich und dem Minister für Innere Angelegenheiten des Haschemitischen Königreichs Jordanien

Land Jordanien Gegenstand Sicherheits- u. Zollbehörden, Zusammenarbeit Ort d. Unterzeichnung Amman Datum d. Unterzeichnung 04.10.2001 In-Kraft 01.09.2018 BGBl. III Nr. 179/2019

Abkommen zwischen der Bundesministerin für Inneres der Republik Österreich und dem Minister für Inneres der Republik Kosovo über die polizeiliche Zusammenarbeit

Land Kosovo, Republik Gegenstand Polizeibehörden Ort d. Unterzeichnung Pristina Datum d. Unterzeichnung 12.08.2009 In-Kraft 01.10.2010 BGBl. III Nr. 65/2010

Vertrag zwischen der Republik Österreich und der Republik Kroatien über die polizeiliche Zusammenarbeit

Land Kroatien Gegenstand Polizeibehörden Ort d. Unterzeichnung Wien  58

Datum d. Unterzeichnung 14.11.2007 In-Kraft 01.10.2008 BGBl. III Nr. 141/2008

Abkommen zwischen der Österreichischen Bundesregierung und der Regierung der Republik Lettland betreffend die polizeiliche Zusammenarbeit

Land Lettland Gegenstand Polizeibehörden Ort d. Unterzeichnung Riga Datum d. Unterzeichnung 20.01.2004 In-Kraft 01.04.2004 BGBl. III Nr. 19/2004

Abkommen zwischen der Österreichischen Bundesregierung und der Regierung der Libanesischen Republik über die polizeiliche Zusammenarbeit

Land Libanon Gegenstand polizeiliche Zusammenarbeit Ort d. Unterzeichnung Beirut Datum d. Unterzeichnung 10.07.2003

Vertag zwischen der Republik Österreich, der Schweizerischen Eidgenossenschaft und dem Fürstentum Liechtenstein über die grenzüberschreitende polizeiliche Zusammenarbeit

Länder Liechtenstein und Schweiz Gegenstand Polizeibehörden Ort d. Unterzeichnung Vaduz Datum d. Unterzeichnung 04.06.2012 In-Kraft 01.07.2017 BGBl. III Nr. 78/2017

Abkommen zwischen dem Bundesminister für Inneres der Republik Österreich und dem Ministerium für innere Angelegenheiten der Republik Mazedonien über die polizeiliche Zusammenarbeit

Land Mazedonien Gegenstand Polizeibehörden Ort d. Unterzeichnung Brdo-Kranj Datum d. Unterzeichnung 25.01.2008 In-Kraft 01.01.2009 BGBl. III Nr. 94/2011

Abkommen zwischen der Österreichischen Bundesregierung und der Regierung der  59

Republik Moldau über die Zusammenarbeit im Bereich der Bekämpfung der Kriminalität

Land Moldau Gegenstand Kriminalität, Suchtgifthandel und Terrorismus Ort d. Unterzeichnung Chisinau Datum d. Unterzeichnung 25.09.2010 In-Kraft 01.02.2011 BGBl. III Nr. 99/2011

Abkommen zwischen dem Bundesministerium für Inneres der Republik Österreich und dem Ministerium für Inneres der Republik Montenegro über die polizeiliche Zusammenarbeit

Land Montenegro Gegenstand Polizeibehörden Ort d. Unterzeichnung Wien Datum d. Unterzeichnung 11.11.2004 In-Kraft 01.03.2005 BGBl. Nr. III 10/2005, außer Kraft gesetzt durch BGBl. III Nr. 136/2015

Abkommen zwischen dem Bundesminister für Inneres der Republik Österreich und dem Minister für Innere Angelegenheit der Republik Peru über die polizeiliche Zusammenarbeit

Land Peru Gegenstand Polizeibehörden Ort d. Unterzeichnung Lima Datum d. Unterzeichnung 08.03.2002

Abkommen zwischen der Österreichischen Bundesregierung und der Regierung der Republik Polen betreffend die Zusammenarbeit bei der Vorbeugung und Bekämpfung der Kriminalität

Land Polen Gegenstand polizeiliche Zusammenarbeit Ort d. Unterzeichnung Wien Datum d. Unterzeichnung 10.06.2002 In-Kraft 01.12.2003 BGBl. III Nr. 139/2003

Abkommen zwischen der Österreichischen Bundesregierung und der Regierung Rumäniens über die Zusammenarbeit bei der Bekämpfung der internationalen organisierten Kriminalität, des internationalen illegalen Suchtgifthandels, des internationalen Terrorismus sowie für sonstige Zwecke im Dienste der Strafrechtspflege  60

Land Rumänien Gegenstand Kriminalität, Suchtgifthandel und Terrorismus Ort d. Unterzeichnung Bukarest Datum d. Unterzeichnung 18.03.1999 In-Kraft 01.01.2000 BGBl. Nr. nicht kundgem.

Protokoll betreffend die Zusammenarbeit zwischen dem Bundesministerium für Inneres der Republik Österreich und dem Ministerium für Verwaltung und Inneres von Rumänien im Bereich der Korruptionsbekämpfung

Land Rumänien Gegenstand Kriminalität, Suchtgifthandel und Terrorismus Ort d. Unterzeichnung Budapest Datum d. Unterzeichnung 17.03.2005 In-Kraft 19.05.2005

Abkommen zwischen dem Bundesministerium für Inneres der Republik Österreich und dem Ministerium für Inneres der Republik Serbien über die Zusammenarbeit bei der Bekämpfung der internationalen organisierten Kriminalität, des internationalen illegalen Suchtgifthandels und des internationalen Terrorismus

Land Serbien Gegenstand Terrorismus, Drogenhandel, organis. Kriminalität Ort d. Unterzeichnung Wien Datum d. Unterzeichnung 11.11.2004 In-Kraft 01.03.2005 BGBl. III Nr. 20/2005

Vereinbarung zwischen dem Bundesminister für Inneres der Republik Österreich und dem Ministerium des Inneren der Slowakischen Republik über die Zusammenarbeit bei der Bekämpfung der internationalen organisierten Kriminalität, des internationalen illegalen Suchtgifthandels und des internationalen Terrorismus

Land Slowakei Gegenstand polizeiliche Zusammenarbeit Ort d. Unterzeichnung Pressburg Datum d. Unterzeichnung 30.06.1993 In-Kraft 30.06.1993 BGBl. Nr. nicht kundgem.

Vertrag zwischen der Republik Österreich und der Slowakischen Republik über die polizeiliche Zusammenarbeit

Land Slowakei Gegenstand Polizeibehörden Ort d. Unterzeichnung Wien Datum d. Unterzeichnung 13.02.2004  61

In-Kraft 01.07.2005 BGBl. III Nr. 72/2005

Vertrag zwischen der Republik Österreich und der Republik Slowenien über die polizeiliche Zusammenarbeit

Land Slowenien Gegenstand polizeiliche Zusammenarbeit Ort d. Unterzeichnung Brdo Datum d. Unterzeichnung 28.10.2003 In-Kraft 01.05.2005 BGBl. III Nr. 51/2005

Übereinkommen zwischen dem Bundesminister für Inneres der Republik Österreich und dem Innenminister des Königreiches Spanien über die Zusammenarbeit bei der Bekämpfung des Terrorismus, des Internationalen illegalen Suchtgifthandels und der organisierten Kriminalität

Land Spanien Ort d. Unterzeichnung Madrid Datum d. Unterzeichnung 09.07.1987 In-Kraft 09.07.1987 BGBl. Nr. nicht kundgem.

Übereinkommen zwischen der Österreichischen Bundesregierung und der Regierung der Türkei über die Zusammenarbeit bei der Bekämpfung des internationalen illegalen Suchtgifthandels, des internationalen Terrorismus und der internationalen organisierten Kriminalität

Land Türkei Gegenstand polizeiliche Zusammenarbeit Ort d. Unterzeichnung Wien Datum d. Unterzeichnung 11.03.1993 In-Kraft 15.07.1993 BGBl. Nr. nicht kundgem.

Vereinbarung zwischen dem Bundesminister für Inneres der Republik Österreich und dem Ministerium für innere Angelegenheiten der Ukraine über die Zusammenarbeit bei der Bekämpfung des illegalen Suchtgifthandels und der organisierten Kriminalität

Land Ukraine Gegenstand polizeiliche Zusammenarbeit Ort d. Unterzeichnung Wien Datum d. Unterzeichnung 08.09.1992 In-Kraft 08.09.1992 BGBl. Nr. nicht kundgem.  62

Vertrag zwischen der Republik Österreich und der Republik Ungarn über die Zusammenarbeit bei der Vorbeugung und Bekämpfung der grenzüberschreitenden Kriminalität

Land Ungarn Gegenstand polizeiliche Zusammenarbeit Ort d. Unterzeichnung Heiligenkreuz Datum d. Unterzeichnung 06.06.2004 In-Kraft 01.06.2006 BGBl. III Nr. 99/2006

Berichtigt durch Protokoll über die Berichtigung des Vertrages zwischen der Republik Österreich und der Republik Ungarn über die Zusammenarbeit bei der Vorbeugung und Bekämpfung der grenzüberschreitenden Kriminalität

Ort d. Unterzeichnung Budapest Datum der Unterzeichnung 12.07.2005

Abkommen zwischen der Österreichischen Bundesregierung und der Regierung der Republik Usbekistan über Zusammenarbeit im Sicherheitsbereich und im Kampf gegen Kriminalität

Land Usbekistan Gegenstand polizeiliche Zusammenarbeit Ort d. Unterzeichnung Taschkent Datum d. Unterzeichnung 02.11.2001 In-Kraft 18.05.2002 BGBl. III Nr. 91/2002

Abkommen zwischen der Regierung der Republik Österreich und der Regierung der Vereinigten Staaten von Amerika über die Vertiefung der Zusammenarbeit bei der Verhinderung und Bekämpfung schwerer Straftaten (PCSC-Abkommen)

Land Vereinigte Staaten von Amerika Gegenstand Datenaustausch Ort d. Unterzeichnung Wien Datum d. Unterzeichnung 15.11.2010 In-Kraft 04.05.2012 BGBl. III Nr. 89/2012 siehe auch BGBl. III Nr. 126/2013

Durchführungsvereinbarung zur verwaltungsmäßigen und technischen Umsetzung zwischen der Österreichischen Bundesregierung und der Regierung der Vereinigten Staaten von Amerika zum Abkommen zwischen der Regierung der Republik Österreich und der Regierung der Vereinigten Staaten von Amerika über die Vertiefung der  63

Zusammenarbeit bei der Verhinderung und Bekämpfung schwerer Straftaten für den elektronischen Austausch von daktyloskopischen Daten (ATIA-Vereinbarung)

Land Vereinigte Staaten von Amerika Gegenstand Datenaustausch Ort d. Unterzeichnung Washington Datum d. Unterzeichnung 13.05.2013 In-Kraft 01.07.2013 BGBl. III Nr 145/2013

Vereinbarung zwischen der Österreichischen Bundesregierung und der Regierung der Republik Moldau zur Durchführung der Konvention über polizeiliche Zusammenarbeit in Südosteuropa

Land: Moldau Gegenstand Polizeibehörden u. Zollverwaltungen Ort d. Unterzeichnung Chisinau Datum d. Unterzeichnung 03.08.23 In-Kraft 01.01.24 BGBl. Nr. III 197/2023