Headquarters
United States Army Europe
United States Army Installation Management Command
    Europe Region
Heidelberg, Germany

Army in Europe
Regulation 210-70*

5 July 2010

Installations

On-Post Commercial Solicitation


*This regulation supersedes AE Regulation 210-70, 23 November 2009;
and rescinds AE Form 210-70E.



For the Director:

DONALD A. BIRD
Chief of Staff

Official:

DWAYNE J. VIERGUTZ
Chief, Army in Europe
    Document Management



Summary. This regulation governs companies and individuals who engage in commercial solicitation on Army installations in Europe.

Summary of Change. This revision rescinds AE Form 210-70E. AE Form 210-70F and AE Form 210-70G will be used in place of AE Form 210-70E.

Applicability. This regulation applies to—

  • Companies or individuals engaged in commercial solicitation on Army installations in Europe.


  • Members of the civilian component, family members of military and civilian sponsors, and other persons with authorized access to military installations in the European theater. Violations of this regulation may subject offenders to appropriate adverse administrative actions that include but are not limited to disciplinary action, loss of individual logistic support, denial of access to Army installations in Europe, or removal from housing.
  • Supplementation. Organizations will not supplement this regulation without IMCOM-Europe (IMEU-HMT) approval.

    Forms. This regulation prescribes AE Form 210-70A, AE Form 210-70B, AE Form 210-70D, AE Form 210-70F, and AE Form 210-70G. AE and higher level forms are available through the Army in Europe Library and Publishing System at https://aepubs.army.mil/.

    Suggested Improvements. The proponent of this regulation is IMCOM-Europe (IMEU-HMT, DSN 379-6029). Users may suggest improvements to this regulation by sending DA Form 2028 to IMCOM-Europe (IMEU-HMT), Unit 29055, APO AE 09081-9055.

    Distribution. C (AEPUBS).



    CONTENTS


    SECTION I
    GENERAL


    SECTION II
    POLICY


    SECTION III
    INSURANCE, SECURITIES, AND REAL ESTATE


    SECTION IV
    CORRESPONDENCE AND MULTIMEDIA-MODE COURSES AND OTHER VENDORS


    SECTION V
    HOME-BASED BUSINESSES


    SECTION VI
    DENIAL, SUSPENSION, AND REVOCATION OF PRIVILEGES


    Appendixes
    A. References
    B. Installation Solicitation Authorization for Vendors of Miscellaneous Items
    C. Sample Letters for Insurance and Securities Agents or Self-Employed Vendors
    D. Sample Letters for Company and Vendor Accreditation
    E. Special Instructions Regarding Correspondence and Multimedia-Mode Courses Solicitation
    F. Sample Letters for Home-Based Businesses

    Figures
    B-1. Sample Garrison Commander’s or Designated Official’s Letter of Authorization
    C-1. Sample Letter Designating European General Agent
    C-2. Sample Letter Designating Registered Principal
    C-3. Sample Notarized Letter of Responsibility for Soliciting Life Insurance Only
    C-4. Statement of Experience
    C-5. Sample Notarized Certificate of Understanding From Life Insurance Agent or Self-Employed Vendor
    C-6. Format for DOD Addition Request
    C-7. Sample Notarized Letter of Responsibility From Life Insurance Company to Acknowledge Sale of Securities
    C-8. Sample Notarized Letter of Responsibility From Broker or Dealer to Acknowledge Sale of Life Insurance
    C-9. Sample Request for Waiver of State Insurance License
    C-10. Sample Notarized Letter of Responsibility From Broker or Dealer to Solicit Securities Only
    D-1. Sample Request for Company Accreditation
    D-2. Sample Company Introduction Letter for Vendor
    D-3. Sample Request for Self-Employed Applicant
    E-1. Statement for Correspondence Course Contracts
    F-1. Sample Letter to Request to Operate a Home-Based Business
    F-2. Sample Letter for Local AAFES Coordination for a Home-Based Business
    F-3. Sample Letter for Director of Community Activities/FMWR Coordination for a Home-Based Business
    F-4. Sample Letter for Housing Manager Concurrence for a Home-Based Business
    F-5. Sample Letter for SJA Opinion Request for a Home-Based Business
    F-6. Garrison Commander’s or Designated Official’s Approval Letter for a Home-Based Business
    F-7. Garrison Commander’s or Designated Official’s Disapproval Letter for a Home-Based Business

    Glossary



    SECTION I
    GENERAL


    1. PURPOSE


    2. REFERENCES
    Appendix A lists references.


    3. EXPLANATION OF ABBREVIATIONS AND TERMS
    The glossary defines abbreviations and terms.


    4. RESPONSIBILITIES


    SECTION II
    POLICY


    5. GENERAL PROVISIONS

    “If you have any questions or concerns about the purchase and financial commitment you are about to make, you may be entitled to free legal advice from the local legal assistance office. This advice will help you understand the terms of the contract or agreement being offered by the sales agent. If you have any questions or concerns, you should contact the local legal assistance office before you sign anything.”


    6. PERMISSIBLE GOODS AND SERVICES


    7. AUTHORIZED VENDORS
    Vendors may be—


    8. PROHIBITED ACTIVITIES
    The following practices are prohibited:

    NOTE: The only individuals allowed to give presentations on the topics in subparagraph g above (and then only at the express request of the appropriate commander) are representatives of credit unions or banks, qualified members of the military community (for example, ACS financial assistance, SJA office), and bona fide educators (for example, instructors at accredited universities or colleges).


    9. ALLOTMENTS


    10. ADVERTISING


    11. BAZAARS


    SECTION III
    INSURANCE, SECURITIES, AND REAL ESTATE


    12. MINIMUM REQUIREMENTS FOR INSURANCE AGENCIES AND SECURITIES BROKERAGES


    13. MINIMUM REQUIREMENTS FOR INSURANCE AGENTS AND SECURITIES BROKERS


    14. APPLICATION PROCEDURES

    NOTE: An agent or RR who transfers to a new agency or brokerage may be required under State law or NASD regulations to obtain a new insurance license or NASD registration number. If so, the agent or RR will not be granted commercial solicitation privileges until he or she provides an original and one copy of the new insurance license or new NASD registration number, as appropriate.


    15. REAL-ESTATE AGENCIES AND AGENTS

    The buyer may cancel the contract within 14 days after the date of the contract without penalty or obligation. The contract must be canceled by giving written notice to [insert name and address of the commercial enterprise or self-employed vendor] by mail, telegram, or personal delivery. Mailing the cancellation notice within 14 days meets the conditions of this term.

    Permission by Army in Europe for this company to sell property does not constitute any official approval of this property or that Army in Europe has determined or agrees with the merits or value of the property to be sold.


    SECTION IV
    CORRESPONDENCE AND MULTIMEDIA-MODE COURSES AND OTHER VENDORS


    16. CORRESPONDENCE AND MULTIMEDIA-MODE COURSES


    17. APPLICATION PROCEDURES FOR VENDORS

    The buyer may cancel the contract within 14 days after the date of the contract without penalty or obligation. The contract must be canceled by giving written notice to [insert name and address of the commercial enterprise or self-employed vendor] by mail, telegram, or personal delivery. Mailing the cancellation notice within 14 days meets the conditions of this term.


    SECTION V
    HOME-BASED BUSINESSES


    18. AUTHORIZED HOME-BASED BUSINESSES


    19. APPLICATIONS TO OPERATE A HOME-BASED BUSINESS
    Individuals may not operate an HBB in Government-owned or -leased quarters until they have received written approval to do so from the garrison commander. An individual who wishes to operate an HBB must submit, as a minimum, the following documents to the local ICAO at least 30 days before beginning operations:

    The buyer may cancel the contract within 14 days after the date of the contract without penalty or obligation. The contract must be canceled by giving written notice to [insert name and address of the commercial enterprise or self-employed vendor] by mail, telegram, or personal delivery. Mailing the cancellation notice within 14 days meets the conditions of this term.

    NOTE: Dependents of Soldiers or members of the civilian component do not need a residence permit.


    20. ADDITIONAL PROHIBITED ACTIVITIES FOR HOME-BASED BUSINESSES
    Individuals may operate an HBB in Government-owned or -leased quarters provided they comply with paragraph 8 and the following additional limitations:


    21. STRUCTURAL CHANGES TO FAMILY QUARTERS
    Structural changes to Government-owned quarters are not authorized to meet the needs of an HBB. The authority to make structural changes to Government- or privately leased quarters depends on the terms of the lease for those quarters. Garrison commanders may, when practical and feasible, allow residents to make minor modifications to Government-owned quarters according to local housing policy. Garrison commanders may not allow residents to make any modifications to Government-leased quarters until the property owner has granted permission in writing for the specific changes to the property. The costs of such modifications and restoration to original condition will be borne by the sponsor.


    SECTION VI
    DENIAL, SUSPENSION, AND REVOCATION OF PRIVILEGES


    22. DENIAL, SUSPENSION, AND REVOCATION OF PRIVILEGES


    23. COMPLAINTS


    24. PRELIMINARY INVESTIGATIONS


    25. SHOW-CAUSE HEARINGS


    26. APPEALS OF DENIAL, SUSPENSION, OR REVOCATION OF PRIVILEGES


    27. REPORTING COMMERCIAL SOLICITATION ACTIONS


     

    APPENDIX A
    REFERENCES


    SECTION I
    AGREEMENTS, LAWS, AND PUBLICATIONS

    United States Code, Title 15, Sections 1601-1665, Commerce and Trade

    United States Code, Title 26, Section 501, Internal Revenue Code

    Code of Federal Regulations, Title 12, Part 226, Regulation Z (Truth in Lending)

    Code of Federal Regulations, Title 24, Subtitle B, Chapter X, Department of Housing and Urban Development (Interstate Land Sales Registration Program)

    DODI 1000.11, Financial Institutions on DOD Installations

    DODI 1344.07, Personal Commercial Solicitation on DOD Installations

    DOD 5500.7-R, Joint Ethics Regulation (JER)

    DOD 7000-14-R, Department of Defense Financial Management Regulations (FMRs)

    DOD 4525.6-M, Department of Defense Postal Manual

    AR 15-6, Procedures for Investigating Officers and Boards of Officers

    AR 25-400-2, The Army Records Information Management System (ARIMS)

    AR 210-7, Personal Commercial Solicitation on Army Installations

    AR 215-1, Military Morale, Welfare, and Recreation Programs and Nonappropriated Fund Instrumentalities

    AR 215-4, Nonappropriated Fund Contracting

    AR 215-8/Air Force Instruction 34-211(1), Army and Air Force Exchange Service Operations

    AR 608-10, Child Development Services

    AE Regulation 190-16, Installation-Access Control

    AE Regulation 190-24, Armed Forces Disciplinary Control Board, Europe, and Off-Limits Procedures for Firms, Establishments, Organizations, and Areas Within the United States European Command

    AE Regulation 210-22, Private Organization and Fundraising Policy

    AE Regulation 600-700, Identification Cards and Individual Logistic Support


    SECTION II
    FORMS

    DD Form 2558, Authorization to Start, Stop or Change an Allotment

    DD Form 2885, Personal Commercial Solicitation Evaluation

    DA Form 1574, Report of Proceedings by Investigating Officer/Board of Officers

    DA Form 2028, Recommended Changes to Publications and Blank Forms

    AE Form 210-70A, Certificate of Understanding for U.S. Forces Family Members to Engage in Commercial Activities

    AE Form 210-70B, Statement of Understanding for Solicitation/Gewerbevereinbarung

    AE Form 210-70D, Statement of Understanding for Life Insurance/Mutual Funds/Securities

    AE Form 210-70F, Application for United States Forces, Europe, Commercial Activity Authorization

    AE Form 210-70G, Application for U.S. Forces, Europe, Commercial Solicitation Accreditation Life Insurance/Mutual Funds/Variable Products/Securities

    AE Form 550-175A, Application for Import/Export Certificate/Purchase Permit


     

    APPENDIX B
    INSTALLATION SOLICITATION AUTHORIZATION FOR VENDORS OF MISCELLANEOUS ITEMS


    This appendix provides a sample of a garrison commander or designated official letter of authorization.


     


    (Garrison Letterhead)

    Office symbol Date

    MEMORANDUM FOR MEMBERS OF THE (COMMUNITY NAME) MILITARY COMMUNITY

    SUBJECT: Authorization for Solicitation


    1. According to AE Regulation 210-70, permission to solicit on (name of kaserne, installation, room, or housing areas) has been granted to (full name of vendor or registered representative (RR)). (Vendor or RR’s name) is accredited by the U.S. Forces in Europe to sell the following products or services:

    (Product/service) for (company name)___________________________________________.
    (Product/service) for (company name)___________________________________________.

    2. (Vendor’s name) is authorized to solicit only during the hours (include time) and only in the areas (list rooms or places).

    3. (Vendor’s name) will present a copy of his or her passport or another appropriate official picture identification, on request.

    4. Expiration Date: (Enter expiration date noted on AE Form 210-70F or AE Form 210-70G).




      Garrison Commander or designated official


     

    Figure B-1. Sample Garrison Commander’s or Designated Official’s Letter of Authorization

     

    APPENDIX C
    SAMPLE LETTERS FOR INSURANCE AND SECURITIES AGENTS OR SELF-EMPLOYED VENDORS


    This appendix provides samples of letters designating a European general agent and a registered principal, letters of responsibility, a statement of experience, a certificate of understanding for an agent, a request for waiver, and a format requesting addition to the DOD accreditation list.


     

    (Company Letterhead)

    (Date)

    Director
    IMCOM-Europe
    Zengerstrasse 1
    69126 Heidelberg
    Germany

    SUBJECT: Appointment of a General Agent

    Dear (Sir or Madam):

    Effective today, I designate (person’s name) as the (company name) general agent for Europe. I attest (person’s name) is the sole agent with fiduciary responsibility for business conducted in (identify specific countries) by all agents of (company name) in Europe.

    The local address and telephone number of the general agent are as follows: (local European address, telephone number).




      Sincerely yours,

     

    (Original signature in ink)
    Company president or vice president


    (Notary statement, signature, and seal)

    CF:
    Office of the Deputy Under Secretary of Defense
    for Military Community and Family Policy
    4000 Defense Pentagon, Room 3A119
    Washington, DC 20301-4000

     

    Figure C-1. Sample Letter Designating European General Agent


     

    (Company Letterhead)

    (Date)

    Director
    IMCOM-Europe
    Zengerstrasse 1
    69126 Heidelberg
    Germany

    SUBJECT: Appointment of a Registered Principal

    Dear (Sir or Madam):

    Effective today, I designate (person’s name) as the registered principal (RP) for (company name). I attest (person’s name) is the RP with fiduciary responsibility for business conducted in (identify specific countries) by all agents of (company name) in Europe.

    The local address and telephone number of the RP are as follows: (local European address, telephone number).




      Sincerely yours,

     

    (Original signature in ink)
    Company president or vice president


    (Notary statement, signature, and seal)

     

    Figure C-2. Sample Letter Designating Registered Principal


     

    (Company Letterhead)

    (Date)

    Director
    IMCOM-Europe
    Zengerstrasse 1
    69126 Heidelberg
    Germany

    Dear (Sir or Madam):

    Application is made for Army in Europe accreditation for (name of agent) to solicit life insurance for (name of insurance company) on Army installations Europe.

    This company assumes responsibility for the agent’s activities while the agent conducts company transactions.

    This agent will solicit the policies and products of (name of insurance company or companies) and no other company.

    The policies and products offered by this company comply with DOD Instruction 1344.7, enclosure 3.

    None of the insurance policies offered to Soldiers will include restrictive clauses that limit company liability with respect to war, geographic limitations, or aviation exclusion provisions. If a policy is restricted, the company will indicate applicable restrictions on the face of the policy with a rubber stamp.




      Sincerely,

     

    (Original signature in ink)
    Company president or vice president


    (Notary statement, signature, and seal)

     

    Figure C-3. Sample Notarized Letter of Responsibility for Soliciting Life Insurance Only


     

    STATEMENT OF PREVIOUS EXPERIENCE

    I (name of agent, last four numbers of social security number)—

    Have successfully sold life insurance for (name and address of company) from (month and year) until (month and year).

    Have not been the subject of an investigation regarding my sales practices during the course of my life-insurance sales career, except as noted below:

    Agree to provide every customer a DD Form 2558 and a written reminder of available free legal assistance.




      (Original signature in ink)
    Agent


    (Notary statement, signature, and seal)

     

    Figure C-4. Statement of Experience


     

    CERTIFICATE OF UNDERSTANDING FOR AGENT/VENDOR

    I have read and understand AR 210-7 and AE Regulation 210-70. I am familiar with and understand the commercial solicitation policy applicable in the Army in Europe and the directives issued by the community commander. I understand that any violation of these regulations could result in withdrawal of the privilege of solicitation for me or the company I represent.

    In consideration of the privilege to solicit on military installations in Europe, I agree and pledge to be bound by DOD Instruction 1344.07, AR 210-7 (including the Standards of Fairness), AE Regulation 210-70, and U.S. and local consumer-protection laws. In the case of a conflict between these bodies of law, the one with the provisions more beneficial to the consumer will apply.




    Date: ____________________ Signature of agent/vendor: _____________________________________________
     

    Figure C-5. Sample Notarized Certificate of Understanding From Life Insurance Agent or Self-Employed Vendor


     

    (Company Letterhead)

    (Date)

    DOD ADDITION REQUEST

    Name:________________________________________________________________________________________________________________________________________
      Last nameFirst nameMiddle name

    Legal residence:

    Citizenship:

    States in which licensed:

    Dates and expiration dates of licenses:

    Overseas area where agent will solicit: (cite one of the following, as applicable: Europe, Middle East, North Africa)

    Employment report for last 5 years:

    Name of employer and inclusive dates and places of 1 year of successful life-insurance underwriting in the United States or its territories:

    Request the above-named agent be added to your list of accredited life insurance agents as representing this company.




      (Original signature in ink)
    European general agent


     

    Figure C-6. Format for DOD Addition Request


     

    (Company Letterhead)

    (Date)

    Director
    IMCOM-Europe
    Zengerstrasse 1
    69126 Heidelberg
    Germany

    Dear (Sir or Madam):

    Application is made for Army in Europe accreditation for (name of agent) to solicit life-insurance contracts for (name of life-insurance company) on Army installations in Europe.

    This company assumes responsibility for the agent’s activities while the agent conducts company transactions.

    This agent also will solicit for the policies and products of (name of broker or dealer) as well as (name of insurance company or companies) and no other broker, dealer, or insurance company.

    This company’s policies and products comply with DOD Instruction 1344.7, enclosure 3.

    Restrictive clauses that limit company liability with respect to war, geographic limitations, or aviation exclusion provisions are prohibited, however, if a policy has one, the company will clearly indicate applicable restrictions on the face of the policy with a rubber stamp.




      Sincerely,

     

    (Original signature in ink)
    Company president or vice president


    (Notary statement, signature, and seal)

     

    Figure C-7. Sample Notarized Letter of Responsibility From Life Insurance Company to Acknowledge Sale of Securities


     

    (Company Letterhead)

    (Date)

    Director
    IMCOM-Europe
    Zengerstrasse 1
    69126 Heidelberg
    Germany

    Dear (Sir or Madam):

    Application is made for Army in Europe accreditation for (name of agent), registered representative, to solicit for (name of broker or dealer) on Army installations in Europe.

    This company assumes responsibility for the agent’s activities while the agent conducts company transactions.

    This agent will solicit the policies and products of (name of insurance company or companies) and (name of broker or dealer) and no other company.

    The products and services offered by this company comply with National Association of Securities Dealers (NASD) rules and regulations and Securities and Exchange Commission (SEC) filing requirements.

    Solicited products and services are limited to items specified by NASD member firm filing status and the individual’s approved NASD registration. Only the following products and services will be solicited: (list products to be solicited).

    A copy of Form ADV (includes information about a registered investment adviser) filed with the Securities and Exchange Commission is enclosed to support registered investment advisory status.




      Sincerely,

     

    (Original signature in ink)
    Company president or vice president

    Enclosure


    (Notary statement, signature, and seal)

     

    Figure C-8. Sample Notarized Letter of Responsibility From Broker or Dealer to Acknowledge Sale of Life Insurance


     

    (Company Letterhead)

    (Date)

    REQUEST FOR WAIVER

    Request a waiver of the requirement that a State license be granted (agent’s name) under the provisions in DOD Instruction 1344.07, enclosure 4, paragraph E4.3.

    (Agent’s name) has been continuously residing in and successfully soliciting life insurance for foreign areas. (Agent’s name), through no fault of (his or her) own, has forfeited eligibility for a State license because of the (State’s name) State law (or regulation) governing residence or domicile requirements, or the requirement that the agent’s company be licensed to do business in that State.

    Enclosed is a copy of the old license on file at the Personal Commercial Affairs Office, IMCOM-Europe (IMEU-HMT).




      (Original signature in ink)
    Company president or vice president


    (Notary statement, signature, and seal)

     

    Figure C-9. Sample Request for Waiver of State Insurance License


     

    (Company Letterhead)

    (Date)

    Director
    IMCOM-Europe
    Zengerstrasse 1
    69126 Heidelberg
    Germany

    Dear (Sir or Madam):

    Application is made for Army in Europe accreditation for (name of agent), registered representative, to solicit for (name of broker or dealer) on Army installations in Europe.

    This company assumes responsibility for the agent’s activities while the agent conducts company transactions.

    This agent will solicit for the policies and products of (name of broker or dealer) and no other broker or dealer.

    The products and services offered by this company comply with National Association of Securities Dealers (NASD) rules and regulations and Securities and Exchange Commission filing requirements.

    Solicited products and services are limited to items specified by NASD member firm filing status and the individual’s approved NASD registrations. Only the following products and services will be solicited: (list products to be solicited).




      Sincerely,

     

    (Original signature in ink)
    Company president or vice president

    Enclosure


    (Notary statement, signature, and seal)

     

    Figure C-10. Sample Notarized Letter of Responsibility From Broker or Dealer to Solicit Securities Only


     

    APPENDIX D
    SAMPLE LETTERS FOR COMPANY AND VENDOR ACCREDITATION


     

    (Company Letterhead)

    (Date)

    Director
    IMCOM-Europe
    Zengerstrasse 1
    69126 Heidelberg
    Germany

    Dear (Sir or Madam):

        (Name of company) currently has no vendor who possesses solicitation privileges issued by your headquarters. This letter introduces authorized vendors of this company and requests that these vendors be assisted in whatever manner necessary to obtain authorization to solicit using AE Form 210-70F. This company will notify your headquarters, in writing, of any change in status of the individuals listed below who may be hired or transferred to solicit in your command area. The following is a list of the names and addresses of the officers of (name of company):

        President or owner:
    __________________________________________________________________

        Vice president:
    ______________________________________________________________________

        (Name) is the (name of company’s) European manager and is the only person authorized to act for (name of company) in all matters. The European manager has the authority to hire and dismiss employees and will notify your office immediately, in writing, of any change in status of vendor employees. The address and main office of (name of company) is indicated above. This company will notify your headquarters, in writing, of a name or address change.

        I assume full financial responsibility for my representations and activities in soliciting USEUCOM military personnel, civilian personnel, and their Family members. (Name of company) assumes full financial responsibility to injured parties for any loss or damage that our vendors cause USEUCOM personnel by fraud, deception, or failure to account for deposits and other monies or property received. This company is also responsible for contracts of its vendors while engaged in business for this company. All acts, representations, and contracts bind this company and its vendors.

        This responsibility will be applicable until a written notice of termination of employment is filed and the vendor’s AE Form 210-70F is returned to the Director, IMCOM-Europe, IMEU-HMT, Unit 29055, APO AE 09081-9055.

        The undersigned will personally ensure company vendors are properly registered with the appropriate agencies of the foreign government and are legally authorized to solicit in Europe. A copy of the contracts used by vendors of (name of company) is enclosed for your approval. Contracts used will correspond exactly to the enclosed examples.

        I understand that failure to carry out the above requirements may cause (name of company) and its vendors’ solicitation privileges to be permanently revoked. By signing here, I affirm these statements are true and correct to the best of my knowledge.




      Sincerely,

     

    (Original signature in ink)
    Company president or owner

    Enclosure


    (Notary statement, signature, and seal)

     

    Figure D-1. Sample Request for Company Accreditation


     

    (Company Letterhead)

    (Date)

    Director
    IMCOM-Europe
    Zengerstrasse 1
    69126 Heidelberg
    Germany

    Dear (Sir or Madam):

    Reference our letter of (date).

    This is to introduce (name), who is an authorized vendor of this company but does not have solicitation privileges. I ask that you assist this agent in whatever manner necessary to obtain authorization and AE Form 210-70F to sell (indicate commodity or service) to USEUCOM personnel.

    I assure you this vendor is properly registered with the appropriate agencies of the local government and is legally authorized to solicit in (country).




      Sincerely,

     

    (Original signature in ink)
    Company president or owner


    (Notary statement, signature, and seal)

     

    Figure D-2. Sample Company Introduction Letter for Vendor


     

    (Company Letterhead)

    (Date)

    Director
    IMCOM-Europe
    Zengerstrasse 1
    69126 Heidelberg
    Germany

    Dear (Sir or Madam):

    I am providing this statement of assurance and my AE Form 210-70F to sell (indicate commodity or service).

    I assume full financial responsibility for my representations and activities concerning U.S. military or civilian personnel and their family members while I solicit. I assume full financial responsibility for any loss or damage that I, in my dealings with U.S. military and civilian personnel or their family members, cause them by fraud, deception, or failure to account for deposits and other moneys or property received. This responsibility will apply to such activities in which I engage during the clearance period. My responsibility will end only after I return my AE Form 210-70F to IMCOM-Europe (IMEU-HMT), Unit 29055, APO AE 09081-9055.

    I will immediately notify your headquarters in writing of changes in my name, address, or the goods or services I sell. I understand that failure to notify you of these changes may cause my solicitation privileges to be permanently revoked.

    By signing here, I affirm these statements are true and correct to the best of my knowledge.




      Sincerely,

     

    (Original signature in ink)
    Self-employed person


    (Notary statement, signature, and seal)

     

    Figure D-3. Sample Request for Self-Employed Applicant

     

    APPENDIX E
    SPECIAL INSTRUCTIONS REGARDING CORRESPONDENCE AND MULTIMEDIA-MODE COURSES SOLICITATION


    E-1. PURPOSE
    This appendix prescribes policy and procedures governing the sale of correspondence and multimedia-mode courses on Army installations in Europe.


    E-2. POLICY
    Correspondence and multimedia-mode course contracts will not be signed until a member of the local Army education center has counseled the purchaser and completed the statement below.


     

    STATEMENT

    I was counseled on this date by the below-named member of the (name of Army education center) concerning the (name of course) being offered to me by (name of solicitor), representing (name of company).




    ____________________________________________________________________________________
    Typed name and signature of Army education
    center member and date
    Typed name and signature of customer and date


     

    Figure E-1. Statement for Correspondence Course Contracts


    E-3. PROCEDURES


     

    APPENDIX F
    SAMPLE LETTERS FOR HOME-BASED BUSINESSES


     

    MEMORANDUM THRU Installation Commercial Affairs Officer, USAG _______________________

    FOR Commander, USAG _______________________

    SUBJECT: Request to Operate a Home-Based Business (HBB)


    1. I request authorization to operate an HBB in my quarters. The following information is provided:

    Type of business (service or product) ____________________________________________________

    Name of business ___________________________________________________________________

    Home telephone number ______________________________________________________________

    Address and location of quarters ________________________________________________________

    2. Enclosures:




    4 Encls Signature block and signature


     

    Figure F-1. Sample Letter to Request to Operate a Home-Based Business


     

    (Installation Letterhead)

    Office symbolDate


    MEMORANDUM FOR Manager, Army and Air Force Exchange Service (AAFES), ________________________.

    SUBJECT: Coordination Request for a Home-Based Business (HBB)


    1. Mr./Mrs. ________________________ is requesting to operate an HBB in his or her quarters at ___________________________________________ to provide (list the service or product).

    2. AE Regulation 210-70 requires prior coordination with AAFES.

    3. Enclosed is the application, business plan, catalogs, and brochures or pictures with prices or estimated prices.

    4. Please return the enclosures with your answer.

    5. The POC is _____________________________ at telephone __________________.




    4 Encls Installation Commercial Affairs Officer signature


     

    Figure F-2. Sample Letter for Local AAFES Coordination for a Home-Based Business


     

    (Installation Letterhead)

    Office symbolDate


    MEMORANDUM FOR Manager, Director, Community Activities (FMWR), ______________________

    SUBJECT: Coordination Request for a Home-Based Business (HBB)


    1. Mr./Mrs. _________________ is requesting to operate an HBB in his or her quarters at __________________________________ to provide (list the service or product).

    2. AE Regulation 210-70 requires prior coordination with FMWR activities.

    3. Enclosed is the application, business plan, catalogs, brochures or pictures with prices or estimated prices.

    4. Please return the enclosures with your answer.

    5. The POC is ______________________________ at telephone ______________________.




    4 Encls Installation Commercial Affairs Officer signature


     

    Figure F-3. Sample Letter for Director of Community Activities/FMWR Coordination for a Home-Based Business


     

    (Installation Letterhead)

    Office symbolDate


    MEMORANDUM FOR Manager, Housing Office, ______________________________________

    SUBJECT: Home-Based Business (HBB)


    1. Reference AE Supplement 1 to AR 420-1, Army Facilities Management, paragraph 3-17a.

    2. Mr./Mrs. ____________________ is requesting to operate an HBB in his/her quarters at ______________________________ to provide (list service or product).

    3. Enclosed is the application and business plan.

    4. In considering approval of the above HBB, please verify that the following conditions are met:

    5. Please return the enclosures with your answer.

    6. The POC is ____________________________ at telephone _______________________.




    2 Encls Installation Commercial Affairs Officer signature


     

    Figure F-4. Sample Letter for Housing Manager Concurrence for a Home-Based Business


     

    (Installation Letterhead)

    Office symbolDate


    MEMORANDUM FOR Staff Judge Advocate, _______________________________

    SUBJECT: Request Opinion for a Home-Based Business (HBB)


    1. Reference AE Regulation 210-70, On-Post Commercial Solicitation.

    2. Mr./Mrs. ________________ is requesting to operate an HBB in his/her quarters at______________ __________________________________ to provide (list service or product).

    3. Enclosed is the application, business plan, catalogs and brochures, or pictures with prices or estimated prices.

    4. In considering approval of the enclosed HBB application please provide an opinion as to whether or not the business will comply with current regulations, Status of Forces Agreement (SOFA), and host-nation laws.

    5. Please return the enclosures with your answer.

    6. The POC is _____________________________ at telephone _____________________.




    Encl Installation Commercial Affairs Officer signature


     

    Figure F-5. Sample Letter for SJA Opinion Request for a Home-Based Business


     

    (Garrison Letterhead)

    Office symbolDate


    MEMORANDUM FOR Mr./Mrs. (Name and civilian address)

    SUBJECT: Approval of Home-Based Business (HBB) Application


    1. Reference AE Regulation 210-70, On-Post Commercial Solicitation.

    2. Approval is granted to Mr./Mrs. ____________________, a valid ID cardholder, to operate an HBB to (list service or product) in his/her quarters located at _________________________________________________________.

    3. The enclosed copy of AE Form 210-70A bearing your signature certifies you understand all the requirements necessary to engage in commercial activities. Failure to comply with any of the directives will result in a loss of your privileges to conduct business on this installation. In addition, you are advised that you may not use your U.S. Forces-registered privately owned vehicle, tax-free fuel, any items purchased from Army and Air Force Exchange Service (AAFES) stores, AAFES catalog, the commissary, or products purchased tax free or imported duty free through the Army post office (APO) or by any other means in support of this business. The use of such tax-exempt facilities, products, or conveniences constitutes a violation of German customs and tax laws.

    4. The posting or distribution of flyers must be coordinated with the United States Army garrison commander or a designated official. Posting or distributing flyers in Government housing must be approved by each building and stairwell coordinator. You may advertise your enterprise in the Stars and Stripes and local military community papers and magazines.

    5. This authorization expires 1 year after the date of this memorandum.

    6. The POC is __________________________________________.




    Encl Garrison commander
    or designated official’s signature


     

    Figure F-6. Garrison Commander’s or Designated Official’s Approval Letter for a Home-Based Business


     

    (Garrison Letterhead)

    Office symbolDate


    MEMORANDUM FOR Mr./Mrs. (Name and civilian address)

    SUBJECT: Disapproval of a Home-Based Business (HBB) Application


    1. Reference AE Regulation 210-70, On-Post Commercial Solicitation.

    2. Your application to operate an HBB (list service or product) is not approved for the following reasons:

    3. The POC is __________________________, telephone ____________.




      Garrsion commander or
    designated official’s signature


     

    Figure F-7. Garrison Commander’s or Designated Official’s Disapproval Letter for a Home-Based Business

     

    GLOSSARY


    SECTION I
    ABBREVIATIONS


    AAFES

    Army and Air Force Exchange Service

    AAFES-Eur

    Army and Air Force Exchange Service, Europe

    ACS

    Army Community Service

    AE

    Army in Europe

    APO

    Army post office

    AR

    Army regulation

    CD-ROM

    compact disk, read-only memory

    CF

    copy furnished

    CFR

    (U.S.) Code of Federal Regulations

    DA

    Department of the Army

    DCG, USAREUR

    Deputy Commanding General, United States Army Europe

    DD

    Department of Defense

    DECA

    Defense Commissary Agency

    DOD

    Department of Defense

    DODI

    Department of Defense instruction

    FCC

    family childcare

    FMWR

    family and morale, welfare, and recreation

    HBB

    home-based business

    HN

    host nation

    ICAO

    installation commercial affairs officer

    ID

    identification

    IMCOM-Europe

    United States Army Installation Management Command, Europe Region

    IO

    investigating officer

    ITT

    Information, Tours, and Travel

    MPD

    military personnel detachment

    MPS

    Military Postal Service

    NAFI

    nonappropriated fund instrumentality

    NASD

    National Association of Securities Dealers

    NATO

    North Atlantic Treaty Organization

    PCAO

    personal commercial affairs officer

    PDUSD (P&R)

    Principal Deputy Under Secretary of Defense (Personnel and Readiness)

    PO

    private organization

    POC

    point of contact

    POV

    privately owned vehicle

    RP

    registered principal

    RR

    registered representative

    SEC

    Securities and Exchange Commission

    SGLI

    Servicemembers’ Group Life Insurance

    SJA

    staff judge advocate

    SOFA

    Status of Forces Agreement

    U.S.

    United States

    USAFE

    United States Air Forces in Europe

    USAREUR

    United States Army Europe

    USC

    United States Code

    USEUCOM

    United States European Command

    VA

    Department of Veterans Affairs

    VAT

    value-added tax


    SECTION II
    TERMS


    Abwicklungsschein
    The form required for requesting value-added tax (VAT) relief in Germany.

    agent
    Anyone who solicits the ordering or purchasing of goods, services, or commodities in exchange for money. In this regulation, “agent” primarily refers to an individual who sells insurance or real estate, but it may include any individual who is appointed, in accordance with applicable law, as an agent of a company or individual.

    Army and Air Force Exchange Service (AAFES) vendor
    A person who contracts directly with AAFES to sell goods or services.

    Aufenthaltstitel
    Residence permit for foreigners in Germany.

    commercial enterprise publications
    A publication (for example, guide, installation map, newspaper) authorized by a DOD component or subordinate command but prepared and published under a contract with a commercial publisher. These publications may include advertising sold by the commercial publisher, because this right to sell advertising constitutes the contractual consideration paid by the authorizing DOD component. Commercial enterprise publications become the property of the command, installation, or intended recipient on delivery.

    commercial solicitation
    Conducting any private business, including the offering and sale of insurance, goods, services, and commodities, on a military installation. Solicitation includes all transactions, whether initiated by the seller or the buyer, as well as the mere attempt to conduct business. This includes but is not limited to advertising, telephoning, or initiating a conversation to arrange an appointment; distributing business cards; asking personnel whether they are interested in reviewing their personal finances or their military benefits; explaining investments or insurance in general terms with the intent of generating a request for an appointment; or delivering a contract or investment documents.

    NOTE 1: Infrequent, nonrecurring sales of personal goods (for example, a spring sale, a permanent change of station sale, the sale of one’s privately-owned vehicle) are not commercial solicitation. However, frequent and recurring activities (for example, making monthly trips to an outlet store and reselling that property at a purported “yard sale,” purchasing and reselling automobiles) constitute commercial solicitation.

    NOTE 2: Services normally performed by minors (for example, babysitting, pet-sitting) are not commercial solicitation; however, when an adult routinely and frequently performs these services (for example, serving as a nanny or tutor), the service constitutes commercial solicitation.

    NOTE 3: Companies or individuals who contract with private organizations (for example, parent-teacher-student associations) to provide goods and services (for example, high-school rings, prom photographs, yearbooks) are governed by this regulation. For the Army in Europe, companies or individuals who provide goods or services as part of fundraising by a private organization (for example, art auctioneers) are governed by AE Regulation 210-22 and related Army regulations.

    company
    A commercial enterprise, agency, brokerage, firm, partnership, sole proprietorship, association, corporation, or any other commercial organization operating for profit.

    Einkommensteuer
    German income tax.

    family and morale, welfare, and recreation (FMWR) vendor
    A company or individual who contracts directly with a family and morale, welfare, and recreation (FMWR) activity to sell goods or services.

    family members
    A military or civilian sponsor’s lawful spouse, legitimate children, legitimate stepchildren, illegitimate children, illegitimate stepchildren, adopted children, parents, parents-in-law, adoptive parents, adoptive parents-in-law, children over 21 years old who are mentally or physically incapacitated and whose incapacitation began before their 21st birthday, and unmarried children who are attending an accredited institution of higher learning on a full-time basis until they are 23 years old.

    Finanzamt
    The German Federal Ministry of Finance.

    Führungszeugnis
    German Police Certificate of Good Conduct.

    general agent
    A person who has a legal contract to represent a company solely and exclusively and who is specifically designated by a company as solely responsible for managing the business of that company in an overseas area.

    Gewerbeamt
    Local German trade office.

    Gewerbesteuer
    German business or trade tax.

    Handelsregister
    German Trade Register.

    Handwerkskammer
    Local German chamber of handicrafts.

    hobby
    A pursuit outside of one’s regular occupation engaged in especially for relaxation.

    home-based business (HBB)
    Any private business conducted out of the home for profit. An HBB includes businesses where the services are performed or goods are sold outside of the home (for example, an artist who paints at home but sells paintings, by appointment, at the customer’s home; a tutor who operates at the customer’s home but maintains business records at home). An HBB also includes any business that arranges personal demonstrations of goods (for example, lingerie, cookware), advises potential customers on the use of those goods, and solicits individual orders at social gatherings, even if orders are mailed directly from a wholesaler to the customers. An HBB also includes activities normally performed as a hobby if an individual, on a frequent and recurring basis, sells the goods produced or performs services for profit.

    installation
    Any post, base, station, depot, hospital, kaserne, Government-owned or -leased housing facility, troop billet, nonappropriated fund facility, United States Army Reserve training school, Department of Defense Dependents School, or other facility allotted to exclusive Army in Europe use or control.

    garrison commander
    For the purposes of this regulation, the commander with responsibility for the post, base, station, depot, hospital, kaserne, Government-owned or -leased housing, troop billets, nonappropriated fund facilities, United States Amy Reserve training schools, Department of Defense Dependents Schools, or other facilities in question.

    National Association of Securities Dealers
    A voluntary association of “over-the-counter” securities brokers and dealers.

    National Association of Securities Dealers (NASD) member
    A securities broker or dealer with membership in the NASD or any officer, partner, or executive representative as defined by NASD bylaws.

    nonappropriated fund instrumentality (NAFI) vendor
    A vendor who contracts directly with a NAFI to sell goods or services.

    Personalausweis
    German ID card.

    personal commercial solicitation
    Personal contact, including meetings, meals, and telecommunications contact, for the purpose of seeking private business or trade.

    registered principal
    A person who is associated with a member of the National Association of Securities Dealers (NASD) and who manages the NASD member’s business. Management includes supervising, soliciting, conducting business, or training persons associated with the NASD member for any of these functions. Registered principals may include sole proprietors, partners, managers, directors, and officers of corporations.

    registered representative
    Any person who is associated with a member of the National Association of Securities Dealers and who is qualified to engage in the securities business, either as a principal or as a representative.

    Reisegewerbekarte
    Itinerant trade license.

    Reisepass
    German passport.

    Stadtverwaltung
    Local German municipality or city government, or town administration.

    Steuerberater
    German tax accountant or tax adviser.

    Steuernummer
    Tax number in Germany.

    Steuerkarte
    Tax card in Germany showing taxes and social security contributions paid by an employee in a particular year.

    successful life-insurance underwriting
    One continuous year in which an individual earns at least 50 percent of his or her annual income through the sale of life insurance.

    Umsatzteuer or Mehrwersteuer
    Turnover or sales tax or valued-added tax in Germany.

    unfavorable information
    Any credible information that may, to a reasonable person, give an unfavorable impression of a company’s or individual’s character, integrity, trustworthiness, reliability, professionalism, or compliance with ethical business practices. This includes but is not limited to reports on prior sanctions, warnings, suspensions, reprimands, or other actions administered by a Government agency or Better Business Bureau as a result of an inquiry into alleged illegal, improper, or unprofessional business practices by the company or individual.

    U.S. Forces personnel

  • U.S. Army commissioned officers, warrant officers, enlisted personnel on active duty, and their family members.


  • Appropriated and nonappropriated-fund civilian employees employed by DOD or the Army in Europe, contractor personnel authorized individual logistic support (AE Reg 600-700), and their family members.
  • NOTE: Employees who are stateless persons (not citizens of any country), nationals of any state that is not a party to NATO, German nationals, and persons ordinarily resident in Germany are not considered to be U.S. Forces personnel.

    vendor
    An individual, whether an employee or self-employed, who offers goods or services for sale, whether at a designated location (for example, a massage therapist offering services at a gym, an insurance agent offering information at a location designated by the garrison commander) or by appointment (for example, an encyclopedia sales representative, securities broker). “Vendor” should be construed broadly throughout this regulation and, unless otherwise noted, includes the terms “solicitor” (a term used in previous versions of this regulation), “securities broker” (vendor who sells only securities), and “agent” (vendor who sells insurance or real estate).