The Government of the Federal Republic of Germany and the Government of Ukraine, guided by the mutual desire to grant the war dead of both sides a dignified final resting place, in the knowledge that the maintenance of the graves of the war dead on German and Ukrainian soil represents a tangible expression of understanding and reconciliation between the German and Ukrainian people, in execution of number 14 of the Joint Declaration of June 9, 1993, on the foundations of relations between the Federal Republic of Germany and Ukraine, Desiring to create a final settlement for the war graves of the dead of the respective other side from the First and Second World Wars located in the territory of the Contracting Parties, Striving to ensure the preservation and maintenance of these graves in a dignified manner and in accordance with the provisions of applicable international humanitarian law, Have agreed as follows:
Article 1
This Agreement governs the preservation and maintenance of the war graves of the Contracting Parties in the other State.
Article 2
For the purposes of this Agreement, the following terms shall have the following meanings:
a) “German war dead”:
- members of the German armed forces,
- persons equated with them under German law,
- other persons of German nationality who died in connection with the events of the 1914/1918 war or the 1939/1945 war or after their deportation;
b) “German war graves”:
- the graves of German war dead located in the territory of Ukraine;
c) “German war cemeteries”
- cemeteries or parts of cemeteries in which German war dead are buried, which exist, can be found or are to be newly established in the territory of Ukraine;
d) “Ukrainian war dead”:
- Ukrainian members of the Soviet armed forces who died on German soil in connection with the Second World War;
- Ukrainians who died while held as prisoners of war by Germany or as a result of their captivity until March 31, 1952;
Ukrainians who died in German internment camps between September 1, 1939, and May 8, 1945;
Ukrainians who were deported to Germany or held against their will in this territory between September 1, 1939, and May 8, 1945, to perform forced labor and died during that time;
Ukrainians who were cared for by a recognized international refugee organization in transit camps and died there or after transfer to a hospital in the period from May 9, 1945 to June 30, 1950. If administration of the assembly camp was transferred to German authorities after July 1, 1950, June 30, 1950 shall be replaced by the day before the camp was taken over by the German administration;
e) “Ukrainian war graves” shall mean graves of Ukrainians who died in the war and lie in the territory of the Federal Republic of Germany;
f) “Ukrainian war gravesites”; areas of land within the territory of the Federal Republic of Germany on which the war dead of Ukraine are buried.
Article 3
(1) The Government of the Federal Republic of Germany and the Government of Ukraine shall ensure the protection of war graves and the permanent right of rest for the war dead of the other side in their respective territories and shall endeavor to keep the surroundings of the war graves free of any installations that are incompatible with the dignity of these sites.
(2) The Government of the Federal Republic of Germany shall have the right to design and maintain German war graves and German war cemeteries in Ukraine at its own expense.
(3) The Government of the Federal Republic of Germany shall guarantee the maintenance and care of Ukrainian war graves in the territory of the Federal Republic of Germany at its own expense.
Article 4
(1) The Government of the Federal Republic of Germany and the Government of Ukraine, or their local executive bodies or regional authorities, respectively, shall provide the respective other side with the areas serving as war gravesites as permanent resting places for their war dead, free of charge and for an unlimited period of time. Both sides agree not to impose fees for the past or future use of these areas as war gravesites.
(2) This Agreement shall not affect ownership of land. Any changes deemed necessary to the boundaries of areas used as war gravesites shall be resolved by mutual agreement between the Parties or their designated agencies. If the Parties agree that a site is no longer used, in whole or in part, for its intended purpose, this change shall result in the loss of the right of use for the government of the respective beneficiary state.
(3) Should a site under paragraph 1 be required for another use for compelling public reasons, another suitable site shall be provided instead. The Party which requires the use of the former area for another purpose shall bear the costs of reburial of the dead and of the preparation of the new graves. The selection of the new area, its preparation and the reburial shall be carried out by mutual agreement. Reburial shall preferably be carried out by consolidating war graves into already existing war grave sites.
Article 5
(1) The Government of the Ukraine, without incurring any costs and after having submitted a plan for prior approval to the Government of the Federal Republic of Germany, shall allow the graves of German war dead whose reburial the Government of the Federal Republic of Germany considers necessary to be combined. The reburial of German war dead shall be carried out by forces named by the German side.
(2) A record shall be kept of every reburial of a German war dead, stating the old and new grave location, personal details, the inscription on the dog tag or other identifying features. A copy of this record shall be sent to the Government of Ukraine.
(3) Insofar as it can be proven that formerly existing German war gravesites on Ukrainian soil have been abandoned due to infrastructural changes that have taken place in the meantime and the German dead buried there can no longer be recovered, the government of Ukraine shall, upon application by the German government, permit the erection of memorials in a simple and dignified form at these former sites. The government of Ukraine shall provide suitable terrain for this purpose.
(4) In the event that Ukrainian war dead are found on German soil at a later date, the government of the Federal Republic of Germany shall ensure that they are properly and honorably buried and that these graves are marked.
Article 6
Insofar as graves of war dead from other countries are found at German or Ukrainian war gravesites, in addition to war graves of the other side, this fact is to be given appropriate consideration in decisions regarding the preservation and maintenance of these graves.
Article 7
(1) The repatriation of German war dead from the territory of Ukraine to the Federal Republic of Germany requires the prior consent of the Government of the Federal Republic of Germany. The Government of Ukraine will only allow such repatriation if this consent has been obtained.
(2) The consent of the Government of the Federal Republic of Germany is also required for applications to the Government of Ukraine for the transfer of German war dead to third countries.
(3) Paragraphs 1 and 2 shall apply mutatis mutandis to the transfer of Ukrainian war dead to Ukraine or to third countries.
(4) All costs and fees for the disinterment and transfer of German or Ukrainian war dead to other countries shall be borne by the applicants.
(5) Representatives of the competent authorities of both Parties may be present at the disinterment of war dead for transfer.
Article 8
(1) The Government of the Federal Republic of Germany commissions the “Volksbund Deutsche Kriegsgräberfürsorge e.V.” (hereinafter referred to as “Volksbund”) with the technical implementation of the tasks in Ukraine arising from this Agreement for the German side.
(2) The Government of Ukraine commissions the “State Committee for Local Self-Government” (hereinafter referred to as the “State Committee”) to coordinate the technical implementation of the tasks arising from this Agreement for the Ukrainian side.
(3) In the event that one of the Contracting Parties wishes to commission another organization, agreement shall be reached between the Contracting Parties.
Article 9
(1) The Government of Ukraine shall afford the Volksbund every possible assistance, in particular access to records held by the authorities and other institutions concerning German war graves and deceased German soldiers, both now and in the future. This shall be without prejudice to other agreements and arrangements.
(2) The Government of the Federal Republic of Germany and the Commission shall also provide support to the Government of Ukraine and the State Committee it has commissioned, in particular in providing documents that provide information about the identity and grave location of Ukrainian war dead. At the request of the government of the Republic of Ukraine, the government of the Federal Republic of Germany shall obtain from the relevant German authorities information about the condition of such war gravesites in Germany where it is assumed that Ukrainian war dead are buried.
(3) In order to carry out its tasks, the Commission may send representatives, specialists and other personnel to Ukraine.
(4) The State Committee may send representatives to Germany to inform themselves about the state of the Ukrainian war graves.
Article 10
(1) In carrying out the work arising from the implementation of this Agreement, the Volksbund shall, as far as possible, use local labor and materials in accordance with the conditions customary in free competition.
(2) The Volksbund may also import into and re-export from the Federal Republic of Germany or another Member State of the European Union equipment, means of transport, materials and accessories that are necessary for the work mentioned in this Agreement.
(3) The following shall apply to the customs clearance of these items:
(a) equipment and means of transport temporarily imported shall be cleared for import into Ukraine with the reservation that the said equipment and means of transport shall be re-exported after completion of the work;
(b) materials and equipment intended solely for the construction, ornamentation or maintenance of graves, memorials or cemeteries shall be exempt from import duties if, in addition to the regular import declaration, the customs authorities are provided with:
- a detailed list of the imported goods,
- a signed undertaking from a duly authorized person of the institution commissioned in Article 8, paragraph 1, containing the binding assurance that the goods mentioned will be used only for the purposes provided for in this letter b of this paragraph.
Article 11
(1) The transfer of the land serving as German war graves sites, agreed in accordance with Article 4, paragraph 1, gives the Volksbund the authority to carry out all work on the war graves sites, as well as the construction of suitable access roads and facilities for visitors, directly within the framework of the relevant Ukrainian legislation.
(2) The Commission shall ensure that all legal requirements concerning hygiene and health are observed during construction work, as provided for by Ukrainian law. It shall comply with the relevant legal and administrative regulations or cemetery regulations.
Article 12
The Commission and the State Committee shall cooperate closely in the fulfillment of their tasks. They shall directly regulate the details of the professional and technical implementation of this Agreement.
Article 13
This Agreement shall enter into force one month after the date on which the Contracting Parties have notified each other that the necessary domestic requirements for entry into force have been met.
Done at Bonn, 29 May 1996, in two copies, each in the German and Ukrainian languages, each text being equally authentic.
For the Government of the Federal Republic of Germany: Hans v. Ploetz
For the Government of Ukraine: I. Kypac