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  • 20. April 2024, 00:29:40
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Autor Thema: Sicherheitsüberprüfung mit Sicherheitsermittlung (SÜ 3) and §§316 (Auf English)  (Gelesen 3451 mal)

karmakoma

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Halo everybody,
sorry if I write you in english but my german for legal/burocratic context is very bad.
Here's the premise:

• I am an Italian citizen resident in Monaco for 4 years and 2 months, writing AIRE. I have 36 years and are employed for 4 years and 2 months in Bavaria.
• I was sentenced on 02/13/2015 to the negligent driving offense in a state of Alcool intoxication (§§ 316 co. 1,2,69 and 69a StGB), with levels of 1.16 promille, from Monaco court
• The punishment was of 45 daily rates (45 tagessätze) )and driving license withdrawn for 9 months and a driver's license document confiscated

After 9 month I got back driving license, and I have not had any MPU. This was my first penal punishment, and the unique criminal record in my entire life.



Here the question:
I have found a new job but it is required the SÜ 3: . If this will have a negative response from BMWi (German federal ministry for economic affairs and energy), this "may justify termination of employment contract".
Of course BMWi will see everything because they access to the Federal Register, but I ask myself if the crime I committed will be relevant or not for releasing this certificate.
What do you suggest me to do? Do I ask now to the company, explaining my situation, and telling them of the 9 months ban driving license received 2 years ago almost?

I did not find similar situation on the forum/web. The company is private but they produce Military items.
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Thufir

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The only thing to do is to fill out the appropriate forms for the "Sicherheitsüberprüfung" correctly. If your are asked, mention your conviction. You will see whatever the consequence turns out to be.

Your company has nothing to do with it. If your "Sicherheitsüberprüfung" is negative, they probably are obliged to fire you. Unless they can find another position somewhere else. But you'll cross that bridge once you come to it.
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Gerd

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What do you suggest me to do? Do I ask now to the company, explaining my situation, and telling them of the 9 months ban driving license received 2 years ago almost?

I did not find similar situation on the forum/web. The company is private but they produce Military items.

Hallo karmakoma,

at first I would like to apologize for the delay in answering. Let me just transfer some ideas concerning the aims and the process of granting the equivalent clearance.
Which can be compared to the US version but AFAIK the number of "levels" is not so extensive like in the States.

The main ideas behind the security vetting:
+ It is a kind of mutual agreement between you and the Federal Republic of Germany: They entrust you a lots of sensible information and in return can expect confidentiality. Additionally a positive attitude and a valuation of the freedom of the lifestyle of the West doesn't hurt.  ;)
+ Don't put your colleagues at risk: If you have financial problems, e.g. due to gambling addiction it would be no good idea to hire a person to work with valuables
(e.g. cash at a bank) or confidential information (regard less if security related or not). With financial problems you would be the perfect gate for recruitment by any third force (or whoever wants to damage our country).
+ What I realized very late: In Germany there are many persons who really have no empathy for the country, the constitution or basic law. It would be not a good choice to confide confidential information to them.

That said it is a contrast if you make one failure in your life or if you deliberately drink every Sunday and then would drive from the restaurant to home.
Although I am not a specialist with this kind of procedure I wouldn't see a red light.

My approach to any of those procedures is: Openly and honestly communicate the vast array of facts and you also may add that you have realized that this was your own fault.

This would also be valid for job-seekers seeking for their first employment or a subsequent apppointment. It is more clearly to state that your income now is low. You can emphasize that you may have a low income before the new position but have no exorbitant loans.

Hope this helps & Good luck!

Gerd
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karmakoma

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Thank you for the answer. I am in the case first (and unique error) done: never had any fines before, neither for a wrong parking, but unfortunately sometime burocracy doesn't see over the rules.
Over this I add that neither I drink weekly so..

Yeah I accepted the work and let see if the SU will be required. What can I add is that I wanted to be immediately totally transparent with the company also, and tell them everything. And unfortunately I think every country sufdera a small bunch people they do not care about anything
..:/


But thank you again for the answer!
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Gerd

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Keeping my fingers crossed.  :)

Just let me add an observation with a tiny pinch of humour: All these people devoting the life for keeping the security of a country
intact don't bite anyone.  ;D

That means: If they want to talk about something this is only to get a personal impression. In addition/amendment to the documents provided.

I have survived these talks which were mandatory for my kind of compulsory military service.

Normally the dangers for the democracy are obvious at a first glance - if you look on the new right-wing political parties and
their endeavors. So they have really many things to do. Therefore some months for completion of the SÜ is not unusual.
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karmakoma

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Thank you!!!...and beh...for me it will be a pleasure to be part of a NATO company :D

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