(UNTITLED)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP69B00369R000100130075-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 15, 2016
• Document Release Date: May 10, 2004
• Sequence Number: 75
• Publication Date: June 3, 1965
• Content Type: MEMO

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Vice President, Radio Liberty Ocs ittes
European Counsel
Pideral Alien Law
The German Pederal Government has adoptet
a new law relating to aliens in the Pederal Republic.
The-statute is called "Auslgndergesets , is dated
April 28, 1965 was published in the Federal Register.,
(Bundeegeeetsbiatt) part I. number 19, page 353 st seq*
on May 8, 1965 and will go into effect on October 1,
1965 except for certain provisions which became effeo-
tine on May 9, 1965. It replaces the Alien Registration
Act of May 11, 1937, the Alien Police Regulation of
August 22, 1938, and the Asylum Regulation of Janu-
ary 6, 1953 all of which are repealed or rescinded.
The Passport tot of March 4, 1955 as amended is no
longer applicable to aliens. Certain other regulati-.
ons concerning travel documents oontinus in effect
until replaced by appropriate new regulations.
Following is a summary of the principal
rovisions of the new statute which determines the
p
conditions for the entry and presence in the federal*,
territory of aliens that is persons who are not Ger-
mans pursuant to Az4iols 116 subsection I of the 3s-'
sic Law (Para.1).
Aliens who desire to enter or reside i*
the federal territory require a residence permit
which may be issued if the presence of the alien
does not impair the interests of the federal Re-
public. Aliens below the site of 16, displaced parw
sons or persons for whom the Minister of Interior
creates exceptions require no such permit. A duty
to register may be imposed UPOU, aliens who need stok
residence permit (Para.2). iens entering or re
siding in or leaving the territory must identify
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themselves by means of a passport. Individual exotptims
are permitted. By regulation the xinister of Intl or
may exempt from this requirement aliens whose readait-
tanoe is assured, and may permit or introduce passport.
substitutes (Para.3). Paragraph 4 provides that an ales
passport (Fremdenpass) may be issued to aliens who bavr
neither a passport nor a substitute.
The residence permit ssy be Issued before-
or after entry. The Minister of Interior Wpre scribe
that the residence permit shall be secured prior to
entry (Para.5). The residence permit may be restric-
ted with regard to time, place or otherwise.
The statute declares in paragraph 6 that
the aliens shall enjoy all basic rights which are not
expressly limited to German nationals. Political ac-
tivities may be curtailed or prohibited in the Interest
of the public order of the Federal Re ublic. Alisev~, .
not engage in political activity which is incompatible
with international law, 3eopardisee the liberal demo-
oratic order of the Pederal Republic or'intends to sup-
port institutions or aspirations outside of the federal"
territory which are incompatible with the Federal Coa-?
stitution.
A significant innovation is paragraph 8
which provides that aliens who have lawfully resided
in the federal territory at least for 5 years and have
integrated themselves into the economic and social life
of.the Federal Republic may be granted a residence per-
mit in the form of a t to reside which is unlimited
and unconditional. Residence permits and residence sto
terminate if the alien loses his valid passport or
stitute, changes his nationality, leaves the federal tom
ritory other than temporarily or is expelled Pars.9).
The statute sets forth in some detail the
circumstances and conditions of expulsion and depor-
tation. Theee provisions constitute'a considerable
liberalization of past practice and reflect the rnlimja,
of the administrative courts in a number of deportation
cases which have usually irritated the authorities oh*r'
gad with thr administration of the alien lice laws. ~^
190
-
l police in .
These authorities in general are the l ca
alen a s1teaI the
whose district the re
absence of a residence the police Vhoae 41M U010
action aunt first be taken shall have $ri.diotio*.
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An alien who enters the country in possession of a
residence permit must report his residence= an alien 4,
who arrives without a residence permit lust apply for,;
one without delay after his entry. Prescribed forms
shall be used, and the alien must appear in person
to supply all pertinent information on request, ?p-
peals from denials of applications have no delaylsg
effect.
the new statute simplifies the procedures
in that it consolidates the provisions which are now
in force. In Bavaria there has been a merger of the.
offices in the Ministry of Internal Affairs which
previously had cognisance of our problems; this too
should lead to simplification. The great innovation.
of course$ are the possibility - introduced here for,
the first time though necessarily as 1- disoretio :.
measure - to allow an alien to settle permanently im
the Federal Republic as a matter of right, the - if
somewhat limited - extension of the Bill of Rights
to an alien, and the permission for aliens to engage
in political activities in the Federal Republic.-In
the latter respect the' Ddaseldorf "Handelablatt" in
its issue'of February 11, 1965 stated in part as fol.
Iowa:
"In international law there is no provision
ting to foreigners the right to exercise tical
activities in their respective host countries. This
fact is also confirmed the 1950 'European Raman
Rights Convention'. Nei er does the constitution
of the Federal Republic permit per as such polio
sal activities, The base rights' - guaranteed":'
the constitution, such as the freedom to assemble
and to associate are solely intended-for German
'citizens. Moreover, it is also impossible to de-
duct the right to political activities from the
basic right of freedom of expression because the
concepts of freedom of expression and political.
activity are not identical. In apits of this the
framework of the new provision (in the Ansidader'
gesets') will be flexible and wide enough to per.
=it foreigners to exercise political activities
although, by international law sad the constitu' "'
tion, they are not privileged to do so. ?
After discussing the legal limitations which are still)
t
iet,
placed upon the aliens domestic political aotiti
the "Handelsblatt" addedt
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"With these restrictions (the lawmakers) int dsd
to take into consideration pertain ohang~rs in Ea-
stern Europe In the course of vhioh not Gay "a%%&
secuted democrats have come into the Ped?
public but also members of extreme left and ex'
trams rightwing groups. The Oovrnsent intends
to take measures preventing the latter to hsrm ..~
the interests of the states*
PE Kish
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