The report on the Minor Inquiry Danger from Scientology not being played down Berlin, Germany
November 22, 2000
Heute im Bundestag (Press agency of the German
Bundestag)
http://www.bundestag.de
Berlin: (hib/MAR) The federal government denied what in its opinion was an "imputation" contained in a Minor Inquiry from the CDU/CSU (14/4358), that the Families Ministry played down the risks caused by the Scientology organization. On the contrary, as the federal government went on to say in its answer (14/4541), their assessment of the Scientology organization (SO) had been presented in detail in the booklet, "Die Scientology Organisation - Gefahren, Ziele und Praktiken" ["The Scientology Organization - Risks, Goals and Practices"]. Specifically the objectionable and conflict-prone practices of a group disguised as a religious denomination had been worked out.

The Union had found that the Ministry treated the SO like a "harmless meditation group" while the Enquete Commissioner on "So-called Sects and Psychogroups" had described it as an organization with a high potential for risk and that criminal acts were typical of the organization. To the question of a French-German initiative at the EU level with the goal of bringing about a coordinated, common treatment by the European member states against the dangers arising from Scientology, the government stated that it would welcome an EU-wide process and was prepared to cooperate with all EU member states in this connection.

The government stated that it was also taking determined action on the SO at the international level. For instance, it has repeatedly expressed the German position at all levels of the US administration and the Congress, including on the so-called security clause, in order to convince the American side that this was not a matter of discrimination against American firms. Nevertheless the federal government would not, in its own words, exclude a permanence of the political economic dispute with the continued use of the existing security clause. Therefore it puts great value on conformity with the WTO.

The establishment of a "Scientology Commissioner" as requested by the Union for the coordination of research and containment of the SO system would be superfluous according to the government, because that function is already being fulfilled by the Interministerial Work Group on Scientology.

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The federal administration denies the imputation in the preliminary comments of the Minor Inquiry that the Federal Ministry for Family, Seniors, Women and Youth is not effective in dealing with the potential risks associated with the Scientology organization. The brochure published on commission of the Federal Ministry for Family, Seniors, Women and Youth, "Die Scientology-Organization - Gefahren, Ziele und Praktiken" of November 1998, extensively presents the character and the risks associated with the organization.

Question 1:

Why does the topic area of the SO fall within the jurisdiction of the BMFSFJ in the federal administration and not within the Federal Ministry of the Interior (BMI)?

Answer:

Since 1994 (after the merger of the Ministry of Women and Youth and of Family and Seniors), the Scientology organization has fallen under the jurisdiction of the general area of "so-called sects and psychogroup" at the Ministry of Family, Seniors, Women and Youth.

Question 2:

Does the federal government share the position of the French Executive Agency to Combat Sects in its current report to the French Prime Minister (see articles of the Sueddeutschen Zeitung of 8 and 9 February 2000), according to which the SO (cited from the French report) - threatens human rights and social balance, - is an organization with a totalitarian structure, - disregards human dignity and presents a detriment to public order, - can be counted as a group that attempts gradually and with a certain degree of success to infiltrate democratic institutions and official, international and private organizations, - and in doing so consistently disregards the law of the land in which it is active, including lying to and coercing SO customers?

Answer:

The brochure, "Die Scientology-Organization - Gefahren, Ziele und Praktiken" of November 1998, presents the federal administration's assessment of the Scientology organization in detail. Special attention was paid to the objectionable and conflict-bearing practices under guise of religion. There are no new findings which require another evaluation.

Question 3:

Is the federal government ready, based on the French government's evaluation of the SO, to take up a joint French-German initiative at the EU level with the goal of bringing about a coordinated, standard treatment by its European member states of risks arising from the SO?

Answer:

The federal administration would welcome an EU procedure and, in this connection, is prepared to work together with all EU member states.

Question 4:

What conclusion does the federal government draw from the acknowledgment of the SO as a "confessional denomination" in Sweden as the equivalent to a church?

Answer:

The federal administration sees no reason to alter its assessment of the Scientology organization because of a decision by a Swedish state organ.

Question 5:

Is it true that the findings of the federal government include, after secret intelligence operations against individual members of the American Internal Revenue Service (IRS), that recognition of tax-exemption for the SO finally came about abruptly on October 8, 1993, after the IRS had previously found for over 25 years (including successes in court) that the SO was not a religious denomination, but a commercial corporation which should not be entitled to tax-exemption (see the New York Times of March 3, 1997) and what conclusions does the federal government draw from that in regards to the tax treatment of the SO in Germany?

Answer:

The federal administration is aware of the agreement between the IRS and Scientology and the associated article from the New York Times which is available over the internet. An estimation of the facts of the matter could not be obtained from official agencies in the USA.

Question 6:

Is it true that the U.S. government, without having tried to make use of the usual diplomatic routes, exerted influence in Germany to the good of the SO (see Hamburg Morgenpost of 12 February 2000), and how does the federal government react to that?

Answer:

The federal administration has no findings of its own about the facts of the matter described in the Hamburg Morgenpost newspaper.

The conclusions contained therein appear irrelevant.

The missions accredited in Germany are familiar with the applicable procedures of diplomatic communication. It is up to the state agencies to report any deviations from the normal route by the diplomatic missions to the Foreign Office.

Question 7:

What conclusion does the federal government draw from the circumstance that the USA criticizes measures for the protection of our country's democratic Constitution (including so-called security clauses) under the viewpoint of non-tariff trade restrictions ("discriminatory policy") (The Trade Representative's Annual Report 1999, issued from the Executive Office of the President, Title VII Report, in accordance to President's Executive Order 13116, signed on 31. 3. 1999, to identify "in [foreign] government procurement, a significant pattern or practice of discrimination against U.S. products or services which results in identifiable harm to U.S. businesses")?

Answer:

The federal administration is aware of the inclusion of the key clause in the so-called Title VII Report and the problems associated with it.

The key clause has been the theme of bilateral consultation with the USA on multiple occasion and its background was mentioned. This will also happen in the future with the goal of convincing the American side that this does not have to do with discrimination against American companies.

Question 8:

What special measures has the federal government undertaken to make the government of the United States of America aware of Germany's evaluation of the risk arising from the SO to the liberal-democratic basic system of the Federal Republic of Germany and gain understanding for the the conduct which results from its position?

Answer:

The federal administration has, at all levels, repeatedly expressed the German position on the Scientology organization to the American government and to the American Congress. The assertions by the Scientology organization to the American administration, to the Congress and to the American public about alleged persecution against religious minorities in Germany have been refuted or contradicted by facts accordingly. The federal administration is also taking a determined position on the Scientology organization at the international level.

Question 9:

Is the federal government ready to initiate research into totalitarian methods in the field of commercial life-management assistance and into totalitarian training, management and organizational techniques in regard to the risks which those present to an open, democratic society in the long term?

Answer:

There is no intention to initiate new plans for research.

Question 10:

Does the federal government believe it is sensible to establish a central position ("Scientology Commissioner") to coordinate the research of and stem the flow of the entire Scientology system, its management structures, organizational branches and the operations it spawns on German soil?

Answer:

The Interministerial Work Group on Scientology is already fulfilling the functions of the issue so the establishment of a new post would be superfluous.

Question 11:

From the position of the federal government, is it true that that the SO has created illicit, competitive advantages over professional providers in the sector of therapy, continuing education, franchise/organizational technology and management training (see Federal Labor Court decision of 22 March 1995) and what legal business, trade and association alternatives is the federal government looking at to prevent use of the label of "church" by and for the SO?

Answer:

The federal administration has no information about the Scientology organization having illicit commercial, competitive advantages.

Moreover the federal administration has no legal options available to stop the Scientology organization from using the designation of "church."

Question 12:

Does the federal government share the estimate that the SO, based on its structure and goals, systematically violates labor laws, child protection laws (including required schooling), laws to combat tax evasion (evading rendering of business accounts), fraud (against customers and staff) and medical practice laws, and it is ready to document criminally relevant conduct in reference to a possible association ban in all areas of the country? What steps does it think should be undertaken to prevent our constitutional system from being undermined?

Answer:

According to current findings, the full-time staff in Scientology establishments work, as a rule, between 60 and 70 hours a week over six days at minimum wage. So far the use of children for Scientology's purposes in unheard of in Germany. Neither does the Scientology organization maintain any recognized schools in Germany under its own name. It is known, however, that the Scientology organization operates a school in Denmark whose children include those of German Scientologists.

Determining violations of the law and the investigation of criminal acts with the associated documentation falls under the jurisdiction of the states who, in case they deem it necessary, could agree on establishing a documentation center in a state. So far the federal government has obtained no information about criminally relevant behavior by the Scientology organization.

Question 13:

What conclusions does the federal government draw from legal violations of the laws including medical practice, social security (e.g., no social security paid for overtime performed by full-time workers who have to report the performance of overtime as "voluntary activity" at the SO's direction) and of the ban on coercion (reports on instigation by the SO of its adherents to terroristic activity against former members and critics of the SO)?

Answer:

The medical practice law is enforced by the states. Concrete information about violations of that law are not available to the federal government. The states have no requirements to apply to the federal government in this connection.

The German Social Security Administration has reviewed the operations of the Scientology organization as they have all employers and found that business activities were not being reported in accordance with regulations. After Social Security required the Scientology organization to report their business activities, Scientology filed a law suit in the welfare courts. The outcome of the process is pending.

According to German law currently in effect, only natural persons may be punished. To that degree, general criminal laws also apply to members of the Scientology organization.

Question 14:

Does the federal government share the assessment that in view of the SO's organizationally typical crimes that a deficit exists in performance by state agencies, and what conclusions does it draw from that?

Answer:

The federal government operates on the assumption that all competent agencies will completely meet their obligations within the scope of their responsibility and on the basis of of the foundation laid down by law so that no deficit in performance exists.

Question 15:

Is it true that the findings of the federal government include that members of the OSA ("Office of Special Affairs"; SO intelligence service) and of the Sea Org (paramilitary cadre organization for special missions) have been trained in methods of chicanery, destruction and psychological torture ("fair game policy" / "harassment techniques"), and what conclusions does it draw from that for the treatment of the SO in Germany?

Answer:

The Scientology organization presents its German institution of the "Office of Special Affairs" (OSA), headquartered in Munich, to the public as "Office of Public Affairs" or as the "Press and Legal Office." The people employed and their objectives are known to the Constitutional Security agencies. There are indications that OSA's partial organization in Germany essential fulfills three functions:

Missions and operations of a classic intelligence agency, Monitoring and directing parts of the Scientology organizations social areas, public information work, currently operating under the designation of "DAS" or "Press and Legal Office."

Training documents for OSA members have surfaced. They, in essence, are descriptions of the ways and means of carrying out overt and covert investigations, and the so-called "Black Propaganda" methods of damaging the credibility of critics and opponents of the Scientology Organization. Documents which describe methods of "disintegration and psycho-torture" have been made know to the federal government. The training of OSA members occurs - as with all high-ranking management personnel - not in Germany, but in the organization's European headquarters in Copenhagen, in Great Britain or the USA.

There are no Sea Org establishments in Germany. Nevertheless, it is known that various units of uniformed Sea Org staff exist which come in from overseas - from the USA or Denmark - to temporarily take over the business of the German establishments which have demonstrated a strong downtrend in profits.

Question 16:

Does the federal government see enough of an initial suspicion of criminal conduct by SO members to introduce a legal investigation process on the association level against the SO to review a prohibition of this organization, especially when the latest criminal decisions against the SO from France and Canada or taken considered?

Answer:

One of the constant practices of the federal government to refrain from publicly asking that sort of question.

Question 17:

Does the federal government share the view that an investigative process on the association level against the SO would result in significantly improved investigative possibilities regarding the SO?

Answer:

The possibilities which an association investigative proceedings would open can be found in =A7 4 of Association Law. As to the rest, refer to the answer to question 16.

Question 18:

Does the federal government think it should follow the recommendation of the Enquete Commission and include religious communities in the area of jurisdiction covered by association law, which would thereby open improved alternatives in law to prohibit sects, psychogroups and "religious" communities from systematically violating laws?

Answer:

There is no current intention of modifying =A7 2 para. 2 nbr. 3 of Association Law.

Question 19:

How would the federal government like to prevent the award of public contracts to companies directly controlled by "Scientology"

and those companies which use operational techniques developed by "Scientology and/or totalitarian personal training methods marketed by Scientology trainers?

Answer:

In the future, the federal government intends to prevent the award of public contracts for consultation or training services which contain an internal connection to the Scientology teachings to these sort of corporations (WISE corporations), by requiring the corporation bidding for consultation or training service sign a statement that the people fulfilling the contract will not use, teach or otherwise disseminate the "technology of L. Ron Hubbard" (security clause).

Should the signing of the security clause/statement in connection with the offer be refused, the bidder can be excluded from the contract in accordance with =A7 25 nbr. 1 para 2 letter a) VOL/A of the application.

Question 20:

Would the federal government consider a strengthening of the so-called security clause against the SO in award of contracts?

Answer:

In view of the problems associated with the laws regarding awarding of contracts and foreign economic politics of the current security law, the federal government will not be strengthening the security clause.

Question 21:

Does the federal government, in continuing to use the existing security clause, fear reprisals from the side of American legal or natural persons in regard to the SO claiming the security clause serves as a so-called "sect filter" instead of protecting its own members and customers from totalitarian and cynical organizational and conditioning techniques?

Answer:

The federal government does not rule out permanence of the political economic dispute in the existing security clause. Therefore the federal government puts a great value on the conformity of the security clause with the WTO.

Question 22:

How long before the federal government introduces a uniform, nationwide security clause?

Answer:

Whether the federal government manages to introduce the desired internationally uniform security clause depends on the readiness of the states which work in the "Interministerial Work Group on the Scientology Organization" under the guidance of the BMWi to apply security clauses in their states which conform to the WTO. The federal government therefore first intends to wait for the decision of the States Commerce Ministries Conference in Spring 2001 about the re-worded security clause.

Question 23:

For data security reasons and to avert damage to the German economy, how does the federal government plan to regulate the security aspects on the German market of software products which might include covert, illegal data collection from customers (so-called "Trojan horses")?

Answer:

According to =A7 202a of StGB, covert collection of data is punishable by law. That includes, in particular, the covert collection of data from routines hidden in programs (so-called "Trojan Horses"). In addition, punishment may occur under the standardized provisions of =A717 (2) Nr. 1a of the UWG. As concerns the operation or the traffic as such, the federal government participates in the deliberations in the European Council for the agreement on a convention to fight data network crime. By this convention, the production, operation and ownership of malicious software, which includes Trojan Horses, is punishable in the member states.

Besides that the federal government recommends taking certain security measures to protect sensitive data (e.g., encryption mechanisms) and also testing and verification of security components. In addition, IT (Information Technology) security products can be obtained from the Federal Office of Security in Information Technology which have been checked and certified as to suitability and trustworthiness according to set security criteria.

Question 24:

Would the federal government consider using, in the long term, only open-source programs for the state?

Answer:

In programs whose source code is open an independent review of this code may result, that includes in regard to their security. The federal government sees advantages in the use of such programs.

The agency responsible for the coordination of IT implementation in the federal government is the Federal Coordinating and Advising Center of Information Technology (KBSt) in the Federal Ministry of the Interior, which has provided information in a KBSt letter "Open Source Software in der Bundesverwaltung." They will publish further recommendations. Insofar as whether only such programs could or would be used in the long term, first the results of further development could be evaluated.

Question 25:

In view of the Diskeeper defragmentation program from a high-ranking Scientologist, does the federal government have the view that this software program should only be permitted if the Federal Office of Security in Information Technology (BSI) has looked at the source code and has obtained the option of reviewing the subsequent versions of the program first (see computer trade magazine c't Nbr. 25 / 1999, p. 58)?

Answer:

The Federal Office of Security in Information Technology (BSI) was requested to establish contact with Diskeeper's distribution company to research the possibility of Diskeeper containing malicious routines and clear up any suspicions of manipulation.

The federal government operates on the assumption that security risks associated with Diskeeper are rather improbably, but could not be ruled out altogether. Investigations by computer experts (including in the BSI) have so far yielded no indices of risk (e.g., unpredictable data transmission).

Question 26:

How many commercial corporations are controlled by the SO and its sub-organizations in the Federal Republic of Germany directly through capital partnership and contracts or indirectly through management personnel who belong to the SO or its sub-organizations?

Answer:

The Scientology organization operates in Germany with its own publishing company, "Theta Books GmbH" and "New Era Publications Deutschland GmbH." Undue influence by the Scientology organization in the economy has not been found.

Question 27:

Is it true that the numbers cited for the companies in Germany controlled by the SO, especially the number from the Information Service of Bavarian Commerce (ibw-report of 18 May 2000), of 300 is the right number, and, if so, which corporations are they?

Answer:

The "World Institute of Scientology Enterprises" (WISE) states that its mission includes the sale of courses and publications on business management to generally bring "LRH management technology into every branch, organization and government on the planet." Not including the companies mentioned in the answer to question 26, the only companies known are those managed by Scientologists or according to Scientology processes. Those especially include companies from the areas of real estate, business consultation, finance/money consultation, management training and EDP [electronic data processing]. In 1999 there was an English-language WISE INTERNATIONAL DIRECTORY put together. In its chapter GEOGRAPHICAL LISTING - WISE MEMBERS, there were 166 entries for German members.

Question 28:

What legal alternatives does the federal government see to prevent infiltration of the German economy by SO members, especially in the forming of inter-area cartels?

Answer:

The German cartel agencies, based on the law against restrictions on competition, have the legal instruments to intervene against competition violations when necessary. That applies not only to cartels, but also to other counter-competitive methods of operation, e.g. for geographically restrictive or discriminating practices. If a violation of cartel law is detected, the the cartel agencies can impose sanctions (interdiction orders, tariffs); besides that civil law suits can be filed for damages and for cease-and-desist. The implementation of these legal instruments is not dependent upon which motive the violation of cartel law is based on.

Question 29:

Does the federal government plan to increase allotment of personnel in the sect departments of the federal government offices?

Answer:

The personnel assigned are sufficient for the present mission. When things get to the point of mission expansion outlined by the Enquete Commissioner, the personnel complement will be adjusted accordingly.

Cordially, Dr. Edith Niehuis --- Unofficial translations of German media, For non-commercial use only
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