Germany Agreement and foreign pension information 106-04015000
This document outlines information about the Agreement including the process of making a claim for Australian payment under the agreement and coding of German payments.
General information
Social Security Agreement between Australia and Germany
Category title |
Description |
German Social Security System |
German Social Security System + Read more ... In Germany, federal legislation needs the compulsory payment of social security contributions usually through deductions from paid employment. The pension insurance covers most workers and the self-employed. Contributions insure individuals against disability and death and provides for income in the form of a pension once the person reaches retirement age. Separate legislation also provides insurance for unemployment, work-related accidents and health and long-term care requirements. A social assistance scheme provides support for those with low income. The legislation is the responsibility of the German federal government but administration and payment of pensions is the responsibility of the centralised German funds. |
History and previous Agreements |
Widow B Pension, Wife Pension and Bereavement Allowance + Read more ... Widow B Pension and Wife Pension were sunsetted in 1995 and, along with Bereavement Allowance, stopped being paid from 2020. See: History and previous Agreements + Read more ... The Agreement with Germany started on 1 January 2003. A Supplementary Agreement introduced double coverage provisions starting from 1 October 2008 but did not change the original Agreement. |
Authorities, Institutions and Liaison Agencies |
Contact details for foreign pension authorities are available in the CODES facility. Competent authorities + Read more ... For Australia: Department of Social Services (DSS) For Germany: Bundesministerium für Arbeit und Soziales (BMAS) - Federal Ministry of Labour and Social Affairs Competent institutions + Read more ... For Australia: Services Australia Note: the Australian Taxation Office (ATO) is responsible for double coverage provisions. For Germany: Deutsche Rentenversicherung (DRV) Liaison agencies + Read more ... For Australia: Centrelink International Services (CIS) Note: the Australian Taxation Office (ATO) is responsible for double coverage provisions. For Germany:
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Exchange of information and liaison forms |
Samples of forms, foreign documents and translations are available through the Residence and International program homepage. Exchange of information + Read more ... Under the Agreement with Germany, information held about customers may be exchanged between the liaison agencies to determine entitlement to payments under the Agreement and under either country's domestic legislation (Article 10.4). However, information may only be exchanged (Article 15.1) if a person:
For more information on bulk data exchange, see International Data Exchange Program and auto-indexation of foreign pensions. Australian liaison form + Read more ... The following liaison form is completed by Centrelink International Services (CIS) and sent to Germany:
For help with creating and completing the liaison form, see Agreement liaisons, NZ CICs and exchange of information. German liaison forms + Read more ... The following liaison forms are completed by Germany and are sent to Centrelink International Services (CIS):
This form is used in all communication from Germany.
Note: where Germany requests an AUS/D 6, this indicates a request for confirmation of employment periods. See German employment periods. German Insurance Record (Deutscher Versicherungsverlauf) – D/AUS 4 This form provides information on German insurance periods.
Information Form 2 (Mitteilungsformblatt 2) - D/AUS5 (A9806-00) This form contains the outcome of the German pension claim.
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Medical assessments |
Medical assessments + Read more ... Under the Administrative Arrangements, each country will arrange for an agreed report to be and sent with claims for invalidity/disability pensions. Medical examinations may also be undertaken upon request for foreign pension claim purpose. Generally, the liaison agency will contact Services Australia with the request. There is no provision for reimbursement of costs to either country. The customer should contact Services Australia if they receive a direct request from the liaison agency to undertake a medical examination. Advise the customer to go through Services Australia’s foreign pension medical assessment process. Where the customer has already undertaken a medical examination based on a direct request from the Agreement partner without consulting Services Australia, the customer should contact the liaison agency to discuss any possible reimbursement options. If a customer is claiming reimbursement of costs based on undertaking a medical examination requested by Services Australia for foreign pension purpose, consider all evidence provided. For example, if incorrect advice was provided to the customer by Services Australia that caused them to seek an independent medical examination which caused the customer to be out of pocket. See Customer compensation and Act of Grace. Samples of forms, foreign documents and translations are available through the Residence and International program homepage. |
Double coverage/ Taxation and Healthcare |
See general information about early release of superannuation, refunds of contributions, double coverage, taxation and health insurance. Double coverage/certificates of coverage + Read more ... The Agreement with Germany includes double coverage provisions. Certificates of coverage are used to confirm exceptions. Any enquiries about double coverage or certificates of coverage should be directed to the Australian Taxation Office (ATO) website. Taxation + Read more ... Any queries about taxation of pensions or the requirement to lodge a tax return should be directed to:
See general information on taxation, including issuing Australian payment summaries. Tax treaty Australia has a double tax agreement with Germany, which avoids the need for the customer to pay tax in both countries. A person who is 'resident' in one country (according to the definition in the tax agreement) generally only pays tax on pensions in that country. Tax deductions from income by one country may be allowed as a credit against tax payable in the other country. Tax deduction German pensions may be taxed (Steuer) at the source. The gross rate of German pension, before any deduction, is maintained. German tax year Germany uses the calendar year (1 January - 31 December) as the tax year. Health Insurance/Medicare + Read more ... Australia does not have a Reciprocal Health Care Agreement (RHCA) with Germany. See general information on health insurance and Medicare coverage. Any queries about:
Pensioners in Germany may have a health insurance deduction (Krankenversicherung) taken out of their German pension. The gross rate of German pension, before any deduction, is maintained. Note: Krankenversicherung der Rentner (KVdR) is exempt. |
Additional information |
Languages + Read more ... The official language of Germany is German. See German naming conventions and pronunciation. Address and contact details + Read more ... Telephone country code is +49. Street address Title FirstName Surname [Addressee] Schulstrasse 4 [Street address + number] 32547 Bad Oyenhausen [Postal code + city/town] GERMANY Post Office Box address Title FirstName Surname [Addressee] Postfach 10 01 65 [PO Box + number] 32547 Bad Oyenhausen [Postal code + city/town] GERMANY Note: postal code example 26133:
Same-sex relationships + Read more ... Same-sex marriage has been legal since 1 October 2017, after the Bundestag passed legislation giving same-sex couples full marital and adoption rights on 30 June 2017. Prior to that, registered life partnerships (eingetragene Lebenspartnerschaft) were available to same-sex couples. These partnerships provided most though not all the same rights as marriages, and they ceased to be available after the introduction of same-sex marriage. |
Australian payments
Rules for Australian payments
Category title |
Description |
Australian payments |
Payments covered under the Agreement + Read more ... For Australia, the Agreement with Germany (Article 2.1) covers:
Note:
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Australian claim forms and processes |
Samples of forms, foreign documents and translations are available through the Residence and International program homepage. In Australia + Read more ... Claims for Australian payments under International Agreements use the same methods and processes as domestic claims. In Germany + Read more ... Forms to claim an Australian payment in Germany can be obtained by:
Australian forms needed The customer is to complete and provide the following: All claims:
DSP only:
Note: Germany sends copies of German medical information to Australia. CP only:
Forms can be lodged at any German social security office. Under Sections 3 and 4 of the Administrative Arrangements, the German liaison agency will:
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Lodgement rules and start day |
All claims for Australian payments under International Agreements are assessed by Centrelink International Services (CIS). Residence rules for claims + Read more ... If a person is not an Australian resident and in Australia on the date the claim is made, they may use the Agreement to meet the residence rules for claims if, on that date, they are:
Note: only severely disabled DSP customers can be granted or transferred under the Agreement outside Australia. Non-severely disabled (DSP) customers may be granted/transferred only if they are an Australian resident and in Australia (Concluding Protocol – Point 3(d)). Claim lodgement + Read more ... Claims under the German Agreement Claims for Australian payments under the German Agreement may be lodged in certain other Australian Agreement countries. See the Claim lodgement matrix. Accepting other Agreement claims Germany will accept claims for Australian benefits under other Australian social security agreements. Claim lodgement consideration The customer must also satisfy any other rules under the other agreement and social security law provisions, including portability. For example, DSP can be claimed in a third country, but the Agreement portability requirements must continue to be met for payments to be made. See Portability. Date the claim is 'made' and start day + Read more ... The normal rules for working out the dare a claim is 'made' and the start day apply to claims under the Agreement with Germany. However, the Agreement also allows:
Note: Deutsche Rentenversicherung (DRV) may send a liaison indicating lodgement of a claim for German pension. Policy advice is that this or similar notification is taken to be evidence of a claim and so meets the requirements of this provision. In this case, contact the customer to make sure the German claim process is in progress. For coding help, see: |
Qualification/Totalisation |
Qualification/Totalisation + Read more ... The Agreement allows:
The Agreement covers several German occupational pension funds however, contributions from the following 2 German funds cannot be used to totalise for Australian payments (Concluding Protocol - Point 1(a)):
Note:
See Resources in International Social Security Agreements for examples of totalisation. German periods of coverage + Read more ... German period of coverage:
Minimum Working Life Residence (WLR) to totalise + Read more ... To be able to use the totalisation provisions, a person who is not an Australian resident at the date of lodgement must have at least 12 months Australian Working Life Residence (WLR) in Australia of which 6 months must be continuous (Article 7.5(a)). Note: unlike WLR for rate, this period cannot be rounded. No minimum WLR is needed if the person is an Australian resident at the date of lodgement (Article 7.5(b)). Carer Payment (CP) + Read more ... CP has no qualifying residence periods but does have a Newly Arrived Resident's Waiting Period (NARWP). Beside normal exemptions, a NARWP only applies to a person who has ‘entered Australia'. See: Newly Arrived Resident's Waiting Period (NARWP) and Qualifying Residence Period. A person who is resident and present outside Australia has not entered Australia and therefore does not have a NARWP. To avoid granting CP to a person who has never been to Australia, the Agreement needs a person to have been an Australian resident at some time (Article 5.1). Ongoing residence requirements + Read more ... The Agreement allows the ongoing residence requirement for DSP, PPS and CP to be met by customers who in Germany (Article 9.1). |
Rate calculation |
The rate of payment may be affected by the Agreement with New Zealand. Outside Australia + Read more ... For customers outside Australia, the Agreement with Germany (Article 8.1) refers to the overall rate calculation contained in section 12(1) of the Social Security (International Agreements) Act 1999. This means customers paid under the Agreement have:
Note:
Non-proportional rate extension Customers paid under the Agreement and temporarily outside Australia, cannot have their non-proportional portability rate extended if they are unable to return to Australia. Returns to Australia The proportional rate continues to apply for the first 26 weeks of a temporary return to Australia (Article 8.5).
Inside Australia + Read more ... Customers in Australia under the Agreement are generally paid a direct deduction rate (Article 8.6). The Agreement does not include a comparison rate in Australia. Departures from Australia The inside Australia rate continues to be paid for the first 26 weeks of a temporary departure from Australia (Article 8.7). |
Portability |
Payments other than DSP + Read more ... Payments under the Agreement Under the Agreement, provided the customer remains qualified, Australian payments are payable indefinitely in both countries, that is, for temporary or permanent absences (Article 9.1). Third country portability under the Agreement Portability to third countries (from Australia or Germany) for a customer paid under the Agreement is the same as for an autonomous customer leaving Australia (Article 9.2). See Portability of payments. Portability of DSP payments + Read more ... Under the Agreement, DSP may be paid for up to 26 weeks to a person who is not severely disabled and is travelling to Germany (Concluding Protocol - Point 5). See Portability of Disability Support Pension (DSP) payments table for all DSP portability conditions under the German Agreement. Note: in all below examples, if the customer ceases to be payable for any reason, including for exceeding the allowable portability period, they will not be able to claim again until they return to Australia or Germany. Examples of DSP portability - non-severely disabled customers The following examples assume the customer has not left Australia or Germany within the last 12 months and has, unless otherwise stated, as a maximum portability period of 4 weeks in a rolling 12 months available. Example 1: A non-severely disabled DSP customer paid under the German Agreement leaves Australia temporarily to travel to Germany:
Under ordinary rules, DSP is portable for the first 4 weeks of the customer’s departure to Luxembourg. After 3 weeks in the third country, however, the customer will reach the 26-week outside Australia payment limit. The customer can only be paid for 3 weeks after they depart Germany. Example 2: A non-severely disabled DSP customer paid under the German Agreement leaves Australia temporarily to travel to Germany:
Under ordinary rules, DSP is portable for the first 4 weeks of the customer’s departure to Sweden. After 4 weeks in the third country, the customer will have been absent from Australia for 24 weeks only, and not have reached the 26-week outside Australia payment limit. The customer can be paid for 4 weeks after they depart German. Example 3: A non-severely disabled DSP customer paid under the German Agreement leaves Australia to travel to Austria (an Agreement country) temporarily. Under ordinary rules, DSP is portable for the first 4 weeks of the customer’s departure to Austria. After 4 weeks in the third country, the customer will have been absent from Australia for 4 weeks only, and not have reached the 26-week outside Australia payment limit. The customer can be paid for 4 weeks after they depart Australia. Examples of DSP portability to a third country - severely disabled customers + Read more ... The following examples assume the customer has not left Australia or Germany within the last 12 months and has, unless otherwise stated, as a maximum portability period of 4 weeks in a rolling 12 months available. Example 1: A severely disabled DSP customer paid under the German Agreement who has not been assessed as having No Work Capacity (NWC) leaves Australia to travel to Germany temporarily:
Under ordinary rules, DSP is portable for the first 4 weeks of the customer’s departure to Turkey. For Severely Disabled DSP customers, the 26-week outside Australia payment limit does not apply. The customer can be paid for 4 weeks after they depart Germany. Example 2: A severely disabled DSP customer paid under the German Agreement who has not been assessed as having NWC, leaves Australia to travel to Croatia temporarily. Under ordinary rules, DSP is portable for the first 4 weeks of the customer’s departure to Croatia. For Severely Disabled DSP customers, the 26-week outside Australia payment limit does not apply. The customer can be paid for 4 weeks after they depart Australia. Example 3: A severely disabled DSP customer paid under the German Agreement who is assessed as having NWC, leaves Australia to travel to the United Kingdom for residence. Under ordinary rules, DSP is portable indefinitely for customers with No Work Capacity. For Severely Disabled DSP customers, the 26-week outside Australia payment limit does not apply. The customer can be paid can be paid indefinitely. |
Transfers to/from Agreement |
Transfers to the German Agreement + Read more ... If necessary, a customer who receives an autonomous payment that stops being payable due to portability reasons can transfer to the Agreement to continue payment if:
If transferred to the Agreement, all Agreement rules apply to the customer, including portability and rate of payment. Transfers to autonomous + Read more ... A person who would be autonomously qualified but is paid under the Agreement can transfer from the Agreement to autonomous only if they are an Australian resident and in Australia. On return to Australia, system processing will automatically transfer from the Agreement to autonomous if the person is an Australian resident who has only used the Agreement to extend their portability while outside Australia. Former resident provisions may affect customers who transfer to autonomous if they leave Australia again within 2 years of becoming an Australian resident. |
Paying customers in Germany |
Australian payments to overseas bank account Read more ... Australian payments may be issued to customers outside of Australia. If the customer intends to be outside of Australia:
See Delivery of payments to Centrelink customers outside Australia. |
German payments
Rules for German payments
Category title |
Description |
German payments |
Payments covered under the Agreement + Read more ... For Germany, the Agreement covers pension insurance for:
On 1 October 2005 there was an organisational reform in Germany. Since then, there is no longer a distinction between occupational pension funds. The are all known as the Deutsche Rentenversicherung (DRV). The Agreement also covers the following pension funds:
Totalisation and calculation provisions as per (Articles 6 to 9) do not apply to payments from these funds (Concluding Protocol - Point 1(a)). Main payments + Read more ...
Note: SUR pension may be paid at a higher rate for up to 2 years from grant, then may reduce to a lower rate or cease altogether. Supplementary payments/Allowances + Read more ...
German social assistance payments:
Other known payments + Read more ... The following known payments are paid by the German authorities but are not covered under the Agreement:
For help with:
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Comparable Foreign Payment (CFP) |
Requirement to claim CFP + Read more ... The requirement to claim German pensions applies to German AGE and INV.
Eligibility for German payments + Read more ... Eligibility and coding of foreign pensions tab contains detailed information on German payments that are subject to CFP legislation |
German claim forms and processes |
Samples of forms, foreign documents and translations are available through the Residence and International program homepage. In Australia + Read more ... Claim packs are available for AGE, INV and SUR. Claim packs are issued through the Foreign Pension System (FPS). See Assisting customers to claim a foreign pension. Specific requirements for German claims The customer is to complete and provide the following: All claims:
AGE/INV only:
SUR only:
Requests for additional information If information provided with the claim for German pension is incomplete, Germany will send requests for information in German direct to customers. Employment periods + Read more ... Under the Agreement with Germany, Germany may request confirmation of employment periods in Australia during AWLR for customers that worked in any of the following areas:
Periods of self-employment can be counted. See Working Life Residence (WLR). The Verification of Working life residence and employment in Australia (AUS027US) form may be sent to the customer requesting verification. Note:
Receipt of foreign pension claim by Services Australia + Read more ... Under the Administrative Arrangements, German forms can be lodged in Australia at any service centre. See Processing a foreign pension claim.
Centrelink International Services (CIS) only: CIS will complete the following or arrange for the following to be completed as necessary and attach the documents to the foreign pension claim to send to the agreement country. See Agreement Liaison Detail (ALD) for method of transmission. All claims:
For help with creating and completing the liaison form, see Agreement liaisons, NZ CICs and exchange of information. CIS staff are required to sign the relevant section of the claim form. INV only:
In Germany + Read more ... Enquiries about claims for German payments in Germany or a third country should be directed to the German social security authorities |
Payment method and Indexation (CPI) |
Payment method + Read more ... German payments are paid by direct deposit in Australia. In Germany payments are made through Deutsche Post. German pensions are generally paid on the last Friday of the month to customers in Australia. Any queries about the non-payment of German pension should be directed to the German pension authorities. Frequency + Read more ... Agreement pensions are paid as 12 regular monthly payments. There are no bonus payments. Currency + Read more ... German pensions must be recorded in the source currency - Euro (EUR). Official statements provide the foreign currency amounts. Amounts recorded in source currency on the Foreign Pensions Details (FPD) screen must not be changed to the Australian dollar amount. Note: payments into Australia are made in Australian dollars. Indexation (CPI) + Read more ... German payments are increased for Consumer Price Index (CPI or cost of living) changes from 1 July each year. For more information on bulk exchanges and auto adjusted CPI increases, see International Data Exchange Program and auto-indexation of foreign pensions. |
Assessment |
The assessment and coding of German pensions may be affected by the Agreement with New Zealand. Agreement pensions (AGE/INV/SUR/CRP) are generally: + Read more ...
See Rate Calculation for when a direct deduction or proportional rate is applied. Note:
The following payments are assessed as ordinary income: + Read more ...
Known German pension funds include:
Bayerische Versorgungskammer is an umbrella Bavarian pension organisation that administers a number of occupational pension schemes and funds including:
BeamtVG administers the pensions of federal civil servants and judge The following payments are exempt: + Read more ... These payments are exempt income test for customers under the agreement or autonomous. German social assistance payments German social assistance payments are exempt from the income test for customers who are residing in Germany and for the first 26 weeks of a temporary return to Australia (Article 8.4). These payments generally cannot be paid outside of Germany:
Kriegsopferfürsorgeleistungen are welfare benefits for war under the Federal War Victims Relief Act (Bundesversorgungsgesetz (BVG)). Numerous benefits can be paid under BVG however only the following war victims’ welfare benefits are exempt:
Volume XIV of the Social Code (SGB XIV) From 1 January 2024, social compensation benefits (Soziale Entschädigung) is regulated under Volume XIV of the Social Code (SGB XIV, replacing the BVG and Victims Compensation Act (OEG)). In addition to the victims of the war, their survivors can receive any of the following benefits which is assessed as exempt income:
KVdR is an additional payment for customers who choose to pay compulsory health insurance. It is exempt from the income test.
Restitution payments paid for National Socialist (Nazi) persecution are exempt income (s8(8)(n) Social Security Act 1991). Otherwise, payment is assessed as ordinary income. Exempt restitution payments are generally identified by:
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Arrears debts and embargo |
The assessment and coding of German pensions may be affected by the Agreement with New Zealand. Arrears debts and embargo + Read more ... The Agreement includes embargo provisions (Article 14.3) but they are not used. Arrears debts for customers and their partners are raised under s1228A Social Security Act 1991 and recovered via normal methods under the Act. See Comparable foreign payment lump sum arrears. When an arrears period is not provided, the arrears period end date may be assumed to be the end of the month before the date on the notice or liaison form. A contravention debt may also occur if the customer does not advise of the grant of their German payment within their notification period. See Foreign Pension coding. |
Life certificates, notices and documents |
Samples of forms, foreign documents and translations are available through the Residence and International program homepage. Life certificates + Read more ... Customers will no longer need to provide a life certificate to Germany, if they are:
Living status will be provided via the International Data Exchange Program. Customers who do not receive an Australian pension and/or 95 years of age or older will need to continue to provide a life certificate to Germany by October, if requested. German life certificates (Certificate of Being Alive - Lebenstätigung) are in German, French and English. German Life Certificates can be certified by an officer of Services Australia. Apart from the paper life certificate, Germany also offers customers the option of verifying their proof of life digitally via Deutsche Post. See German Digital Proof of Life Process link on the Resources page for further information For information on helping customers with life certificates, see Assisting customers to maintain an existing foreign pension. Notices and documents + Read more ... Customers in Australia are sent notices at grant and will receive an annual statement each year in July. |
Eligibility and coding of foreign pensions
Eligibility Criteria for Altersrenten - Old Age Pension (AGE)
Table 1
Eligibility Criteria for Erwerbsminderung/Erwerbsfähigkeit - Invalidity Pension (INV)
Table 2
Eligibility Criteria for Hinterbliebenenrente - Survivor Pension (SUR)
Table 3
Agreement pension coding
Table 4: This table contains coding of German Agreement pensions on the Foreign Pensions Details (FPD) screen.
Category title |
Description |
Country |
GE |
Type |
For:
Note: if any part of a German pension is paid based on deemed contributions due to persecution by National Socialist (Nazi) Party, the whole payment must be coded as exempt restitution payment. See Table 6. Do not code exempt Krankenversicherung der Renter (KVdR) payment. |
Description 1 |
Only code this field if ref 1 is blank. If necessary, code the appropriate German pension name from the statement provided. |
Ref 1 |
Code the German reference number provided by the German pension fund in order of preference:
Note:
|
Description 2 |
Leave blank (to be used for DEX purposes) |
Ref 2 |
Leave blank (to be used for DEX purposes) |
Currency |
Euro (EUR) Note: for arrears period coding, see Arrears debts and embargo. |
Frequency |
MTH |
Basic Amount |
Code the gross monthly amount as shown on the Notice of Grant or official pension statement. For Rentenzuschlag (Adjustment payment), add amount to existing main payment (AGE/INV/SUR) amount. |
Social/Welfare Amt |
Code German social assistance payments if paid with main payment. Otherwise, leave blank. |
Child Rearing |
Code child rearing component if paid with main payment. Otherwise, leave blank. |
Other payment coding
Table 5: This table contains coding details of other German payments on the Foreign Pensions Details (FPD) screen.
Category title |
Description |
Country |
GE |
Type |
For:
|
Description 1 |
Only code this field if Ref 1 is blank. If necessary, code the appropriate German pension name from the statement provided. |
Ref 1 |
Code the German reference number provided by the German pension fund in order of preference:
Note:
|
Description 2 |
Leave blank |
Ref 2 |
Leave blank |
Currency |
Euro (EUR) Note: for arrears period coding, see Arrears debts and embargo |
Frequency |
MTH Note: for non-standard frequencies, see Payment method and Indexation (CPI). |
Basic Amount |
Code gross monthly amount as shown on Notice of Grant or official pension statement. |
Social/Welfare Amt |
Leave blank |
Restitution payments coding
Table 6: This table contains coding details of German Restitution payments on the Foreign Pensions Details (FPD) screen.
Category title |
Description |
Country |
GE |
Type |
RSP |
Description 1 |
Only code this field if Ref 1 is blank. If necessary, code the appropriate German pension name from the statement provided. |
Ref 1 |
Code the German reference number provided by the German pension fund in order of preference:
Note:
|
Description 2 |
Leave blank |
Ref 2 |
Leave blank |
Currency |
Euro (EUR) Note: for arrears period coding, see Arrears debts and embargo. |
Frequency |
MTH Note: for non-standard frequencies, see Frequency. |
Exempt Restitution field |
Yes |