Rambouillet Agreement
Interim
Agreement for Peace and Self-Government in Kosovo
Interim Agreement for Peace and Self-Government
in Kosovo
The Parties to the present Agreement,
Convinced of the need for a peaceful and political
solution in Kosovo as a
prerequisite for stability and democracy,
Determined to establish a peaceful environment
in Kosovo,
Reaffirming their commitment to the Purposes
and Principles of the United Nations, as
well as to OSCE principles, including the
Helsinki Final Act and the Charter of Paris
for a new Europe,
Recalling the commitment of the international
community to the sovereignty and
territorial integrity of the Federal Republic
of Yugoslavia,
Recalling the basic elements/principles adopted
by the Contact Group at its ministerial
meeting in London on January 29, 1999,
Recognizing the need for democratic self-government
in Kosovo, including full
participation of the members of all national
communities in political decision-making,
Desiring to ensure the protection of the human
rights of all persons in Kosovo, as well
as the rights of the members of all national
communities, Recognizing the ongoing
contribution of the OSCE to peace and stability
in Kosovo,
Noting that the present Agreement has been
concluded under the auspices of the
members of the Contact Group and the European
Union and undertaking with respect
to these members and the European Union to
abide by this Agreement,
Aware that full respect for the present Agreement
will be central for the development
of relations with European institutions,
Have agreed as follows:
Framework
Article I: Principles
1. All citizens in Kosovo shall enjoy, without
discrimination, the equal rights and
freedoms set forth in this Agreement.
2. National communities and their members shall
have additional rights specified in
Chapter 1. Kosovo, Federal, and Republic authorities
shall not interfere with the
exercise of these additional rights. The national
communities shall be legally equal as
specified herein, and shall not use their
additional rights to endanger the rights of other
national communities or the rights of citizens,
the sovereignty and territorial integrity of
the Federal Republic of Yugoslavia, or the
functioning of representative democratic
government in Kosovo.
3. All authorities in Kosovo shall fully respect
human rights, democracy, and the
equality of citizens and national communities.
4. Citizens in Kosovo shall have the right
to democratic self-government through
legislative, executive, judicial, and other
institutions established in accordance with this
Agreement. They shall have the opportunity
to be represented in all institutions in
Kosovo. The right to democratic self-government
shall include the right to participate
in free and fair elections.
5. Every person in Kosovo may have access to
international institutions for the
protection of their rights in accordance with
the procedures of such institutions.
6. The Parties accept that they will act only
within their powers and responsibilities in
Kosovo as specified by this Agreement. Acts
outside those powers and
responsibilities shall be null and void. Kosovo
shall have all rights and powers set forth
herein, including in particular as specified
in the Constitution at Chapter 1. This
Agreement shall prevail over any other legal
provisions of the Parties and shall be
directly applicable. The Parties shall harmonize
their governing practices and
documents with this Agreement.
7. The Parties agree to cooperate fully with
all international organizations working in
Kosovo on the implementation of this Agreement.
Article II: Confidence-Building Measures
End of Use of Force
1. Use of force in Kosovo shall cease immediately.
In accordance with this
Agreement, alleged violations of the cease-fire
shall be reported to international
observers and shall not be used to justify
use of force in response.
2. The status of police and security forces
in Kosovo, including withdrawal of forces,
shall be governed by the terms of this Agreement.
Paramilitary and irregular forces in
Kosovo are incompatible with the terms of
this Agreement.
Return
3. The Parties recognize that all persons have
the right to return to their homes.
Appropriate authorities shall take all measures
necessary to facilitate the safe return of
persons, including issuing necessary documents.
All persons shall have the right to
reoccupy their real property, assert their
occupancy rights in state-owned property,
and recover their other property and personal
possessions. The Parties shall take all
measures necessary to readmit returning persons
to Kosovo.
4. The Parties shall cooperate fully with all
efforts by the United Nations High
Commissioner for Refugees (UNHCR) and other
international and non-governmental
organizations concerning the repatriation
and return of persons, including those
organizations monitoring of the treatment
of persons following their return.
Access for International Assistance
5. There shall be no impediments to the normal
flow of goods into Kosovo, including
materials for the reconstruction of homes
and structures. The Federal Republic of
Yugoslavia shall not require visas, customs,
or licensing for persons or things for the
Implementation Mission (IM), the UNHCR, and
other international organizations, as
well as for non- governmental organizations
working in Kosovo as determined by the
Chief of the Implementation Mission (CIM).
6. All staff, whether national or international,
working with international or
non-governmental organizations including with
the Yugoslav Red Cross, shall be
allowed unrestricted access to the Kosovo
population for purposes of international
assistance. All persons in Kosovo shall similarly
have safe, unhindered, and direct
access to the staff of such organizations.
Other Issues
7. Federal organs shall not take any decisions
that have a differential,
disproportionate, injurious, or discriminatory
effect on Kosovo. Such decisions, if any,
shall be void with regard to Kosovo.
8. Martial law shall not be declared in Kosovo.
9. The Parties shall immediately comply with
all requests for support from the
Implementation Mission (IM). The IM shall
have its own broadcast frequencies for
radio and television programming in Kosovo.
The Federal Republic of Yugoslavia
shall provide all necessary facilities, including
frequencies for radio communications, to
all humanitarian organizations responsible
for delivering aid in Kosovo.
Detention of Combatants and Justice Issues
10. All abducted persons or other persons held
without charge shall be released. The
Parties shall also release and transfer in
accordance with this Agreement all persons
held in connection with the conflict. The
Parties shall cooperate fully with the
International Committee of the Red Cross (ICRC)
to facilitate its work in accordance
with its mandate, including ensuring full
access to all such persons, irrespective of their
status, wherever they might be held, for visits
in accordance with the ICRC's standard
operating procedures.
11. The Parties shall provide information,
through tracing mechanisms of the ICRC, to
families of all persons who are unaccounted
for. The Parties shall cooperate fully with
the ICRC and the International Commission
on Missing Persons in their efforts to
determine the identity, whereabouts, and fate
of those unaccounted for.
12. Each Party:
(a) shall not prosecute anyone for crimes related
to the conflict in Kosovo, except for
persons accused of having committed serious
violations of international humanitarian
law. In order to facilitate transparency,
the Parties shall grant access to foreign experts
(including forensics experts) along with state
investigators;
(b) shall grant a general amnesty for all persons
already convicted of committing
politically motivated crimes related to the
conflict in Kosovo. This amnesty shall not
apply to those properly convicted of committing
serious violations of international
humanitarian law at a fair and open trial
conducted pursuant to international standards.
13. All Parties shall comply with their obligation
to cooperate in the investigation and
prosecution of serious violations of international
humanitarian law.
(a) As required by United Nations Security
Council resolution 827 (1993) and
subsequent resolutions, the Parties shall
fully cooperate with the International Criminal
Tribunal for the Former Yugoslavia in its
investigations and prosecutions, including
complying with its requests for assistance
and its orders.
(b) The Parties shall also allow complete,
unimpeded, and unfettered access to
international experts- including forensics
experts and investigators to investigate
allegations of serious violations of international
humanitarian law.
Independent Media
14. Recognizing the importance of free and
independent media for the development of
a democratic political climate necessary for
the reconstruction and development of
Kosovo, the Parties shall ensure the widest
possible press freedoms in Kosovo in all
media, public and private, including print,
television, radio, and Internet.
Chapter 1
Constitution
Affirming their belief in a peaceful society,
justice, tolerance, and reconciliation,
Resolved to ensure respect for human rights
and the equality of all citizens and
national communities,
Recognizing that the preservation and promotion
of the national, cultural, and linguistic
identity of each national community in Kosovo
are necessary for the harmonious
development of a peaceful society,
Desiring through this interim Constitution
to establish institutions of democratic
self-government in Kosovo grounded in respect
for the territorial integrity and
sovereignty of the Federal Republic of Yugoslavia
and from this Agreement, from
which the authorities of governance set forth
herein originate,
Recognizing that the institutions of Kosovo
should fairly represent the national
communities in Kosovo and foster the exercise
of their rights and those of their
members,
Recalling and endorsing the principles/basic
elements adopted by the Contact Group
at its ministerial meeting in London on January
29, 1999,
Article I: Principles of Democratic Self-Government in Kosovo
1. Kosovo shall govern itself democratically
through the legislative, executive, judicial,
and other organs and institutions specified
herein. Organs and institutions of Kosovo
shall exercise their authorities consistent
with the terms of this Agreement.
2. All authorities in Kosovo shall fully respect
human rights, democracy, and the
equality of citizens and national communities.
3. The Federal Republic of Yugoslavia has competence
in Kosovo over the following
areas, except as specified elsewhere in this
Agreement: (a) territorial integrity, (b)
maintaining a common market within the Federal
Republic of Yugoslavia, which
power shall be exercised in a manner that
does not discriminate against Kosovo, (c)
monetary policy, (d) defense, (e) foreign
policy, (f) customs services, (g) federal
taxation, (h) federal elections, and (i) other
areas specified in this Agreement.
4. The Republic of Serbia shall have competence
in Kosovo as specified in this
Agreement, including in relation to Republic
elections.
5. Citizens in Kosovo may continue to participate
in areas in which the Federal
Republic of Yugoslavia and the Republic of
Serbia
have competence through their
representation in relevant institutions, without
prejudice to the exercise of competence
by Kosovo authorities set forth in this Agreement.
6. With respect to Kosovo:
(a) There shall be no changes to the borders
of Kosovo;
(b) Deployment and use of police and security
forces shall be governed by Chapters
2 and 7 of this Agreement; and
(c) Kosovo shall have authority to conduct
foreign relations within its areas of
responsibility equivalent to the power provided
to Republics under Article 7 of the
Constitution of the Federal Republic of Yugoslavia.
7. There shall be no interference with the
right of citizens and national communities in
Kosovo to call upon appropriate institutions
of the Republic of Serbia for the
following purposes:
(a) assistance in designing school curricula
and standards;
(b) participation in social benefits programs,
such as care for war veterans,
pensioners, and disabled persons; and
(c) other voluntarily received services, provided
that these services are not related to
police and security matters governed by Chapters
2 and 7 of this Agreement, and that
any Republic personnel serving in Kosovo pursuant
to this paragraph shall be
unarmed service providers acting at the invitation
of a national community in Kosovo.
The Republic shall have the authority to levy
taxes or charges on those citizens
requesting services pursuant to this paragraph,
as necessary to support the provision
of such services.
8. The basic territorial unit of local self-government
in Kosovo shall be the commune.
All responsibilities in Kosovo not expressly
assigned elsewhere shall be the
responsibility of the communes.
9. To preserve and promote democratic self-government
in Kosovo, all candidates
for appointed, elective, or other public office,
and all office holders, shall meet the
following criteria:
(a) No person who is serving a sentence imposed
by the International Criminal
Tribunal for the Former Yugoslavia, and no
person who is under indictment by the
Tribunal and who has failed to comply with
an order to appear before the Tribunal,
may stand as a candidate or hold any office;
and
(b) All candidates and office holders shall
renounce violence as a mechanism for
achieving political goals; past political
or resistance activities shall not be a bar to
holding office in Kosovo.
Article II: The Assembly
General
1. Kosovo shall have an Assembly, which shall
be comprised of 120 Members.
(a) Eighty Members shall be directly elected.
(b) A further 40 Members shall be elected by
the members of qualifying national
communities.
(i) Communities whose members constitute more
than 0.5 per cent of the Kosovo
population but less than 5 per cent shall
have ten of these seats, to be divided among
them in accordance with their proportion of
the overall population.
(ii) Communities whose members constitute more
than 5 per cent of the Kosovo
population shall divide the remaining thirty
seats equally. The Serb and Albanian
national communities shall be presumed to
meet the 5 per cent population threshold.
Other Provisions
2. Elections for all Members shall be conducted
democratically, consistent with the
provisions of Chapter 3 of this Agreement.
Members shall be elected for a term of
three years.
3. Allocation of seats in the Assembly shall
be based on data gathered in the census
referred to in Chapter 5 of this Agreement.
Prior to the completion of the census, for
purposes of this Article declarations of national
community membership made during
voter registration shall be used to determine
the percentage of the Kosovo population
that each national community represents.
4. Members of the Assembly shall be immune
from all civil or criminal proceedings on
the basis of words expressed or other acts
performed in their capacity as Members of
the Assembly.
Powers of the Assembly
5. The Assembly shall be responsible for enacting
laws of Kosovo, including in
political, security, economic, social, educational,
scientific, and cultural areas as set
out below and elsewhere in this Agreement.
This Constitution and the laws of the
Kosovo Assembly shall not be subject to change
or modification by authorities of the
Republics or the Federation.
(a) The Assembly shall be responsible for:
(i) Financing activities of Kosovo institutions,
including by levying taxes and duties on
sources within Kosovo;
(ii) Adopting budgets of the Administrative
organs and other institutions of Kosovo,
with the exception of communal and national
community institutions unless otherwise
specified herein;
(iii) Adopting regulations concerning the organization
and procedures of the
Administrative Organs of Kosovo;
(iv) Approving the list of Ministers of the
Government, including the Prime Minister;
(v) Coordinating educational arrangements in
Kosovo, with respect for the authorities
of national communities and Communes;
(vi) Electing candidates for judicial office
put forward by the President of Kosovo;
(vii) Enacting laws ensuring free movement
of goods, services, and persons in Kosovo
consistent with this Agreement;
(viii) Approving agreements concluded by the
President within the areas of
responsibility of Kosovo;
(ix) Cooperating with the Federal Assembly,
and with the Assemblies of the
Republics, and conducting relations with foreign
legislative bodies;
(x) Establishing a framework for local self-
government;
(xi) Enacting laws concerning inter-communal
issues and relations between national
communities, when necessary;
(xii) Enacting laws regulating the work of
medical institutions and hospitals;
(xiii) Protecting the environment, where inter-
communal issues are involved;
(xiv) Adopting programs of economic, scientific,
technological, demographic, regional,
and social development, as well as urban planning;
(xv) Adopting programs for the development
of agriculture and of rural areas;
(xvi) Regulating elections consistent with
Chapters 3 and 5;
(xvii) Regulating Kosovo-owned property; and
(xviii) Regulating land registries.
(b) The Assembly shall also have authority
to enact laws in areas within the
responsibility of the Communes if the matter
cannot be effectively regulated by the
Communes or if regulation by individual Communes
might prejudice the rights of other
Communes. In the absence of a law enacted
by the Assembly under this
subparagraph that preempts communal action,
the Communes shall retain their
authority.
Procedure
6. Laws and other decisions of the Assembly
shall be adopted by majority of
Members present and voting.
7. A majority of the Members of a single national
community elected to the Assembly
pursuant to paragraph 1(b) may adopt a motion
that a law or other decision adversely
affects the vital interests of their national
community. The challenged law or decision
shall be suspended with regard to that national
community until the dispute settlement
procedure in paragraph 8 is completed.
8. The following procedure shall be used in
the event of a motion under paragraph 7:
(a) The Members making the vital interest motion
shall give reasons for their motion.
The proposers of the legislation shall be
given an opportunity to respond.
(b) The Members making the motion shall appoint
within one day a mediator of their
choice to assist in reaching an agreement
with those proposing the legislation.
(c) If mediation does not produce an agreement
within seven days, the matter may be
submitted for a binding ruling. The decision
shall be rendered by a panel comprising
three Members of the Assembly: one Albanian
and one Serb, each appointed by his
or her national community delegation; and
a third Member, who will be of a third
nationality and will be selected within two
days by consensus of the Presidency of the
Assembly.
(i) A vital interest motion shall be upheld
if the legislation challenged adversely affects
the community's fundamental constitutional
rights, additional rights as set forth in
Article VII, or the principle of fair treatment.
(ii) If the motion is not upheld, the challenged
legislation shall enter into force for that
community.
(d) Paragraph (c) shall not apply to the selection
of Assembly officials.
(e) The Assembly may exclude other decisions
from this procedure by means of a law
enacted by a majority that includes a majority
of each national community elected
pursuant to paragraph 1(b).
9. A majority of the Members shall constitute
a quorum. The Assembly shall
otherwise decide its own rules of procedure.
Leadership
10. The Assembly shall elect from among its
Members a Presidency, which shall
consist of a President, two Vice-Presidents,
and other leaders in accordance with the
Assembly's rules of procedure. Each national
community meeting the threshold
specified in paragraph 1(b)(ii) shall be represented
in the leadership. The President of
the Assembly shall not be from the same national
community as the President of
Kosovo.
11. The President of the Assembly shall represent
it, call its sessions to order, chair its
meetings, coordinate the work of any committees
it may establish, and perform other
tasks prescribed by the rules of procedure
of the Assembly.
Article III: President of Kosovo
1. There shall be a President of Kosovo, who
shall be elected by the Assembly by
vote of a majority of its Members. The President
of Kosovo shall serve for a
three-year term. No person may serve more
than two terms as President of Kosovo.
2. The President of Kosovo shall be responsible
for:
(i) Representing Kosovo, including before any
international or Federal body or any
body of the Republics;
(ii) Proposing to the Assembly candidates for
Prime Minister, the Constitutional
Court, the Supreme Court, and other Kosovo
judicial offices;
(iii) Meeting regularly with the democratically
elected representatives of the national
communities;
(iv) Conducting foreign relations and concluding
agreements within this power
consistent with the authorities of Kosovo
institutions under this Agreement. Such
agreements shall only enter into force upon
approval by the Assembly;
(v) Designating a representative to serve on
the Joint Commission established by
Article I.2 of Chapter 5 of this Agreement;
(vi) Meeting regularly with the Federal and
Republic Presidents; and
(vii) Other functions specified herein or by
law.
Article IV: Government and Administrative Organs
1. Executive power shall be exercised by the
Government. The Government shall be
responsible for implementing the laws of Kosovo,
and of other government authorities
when such responsibilities are devolved by
those authorities. The Government shall
also have competence to propose laws to the
Assembly.
(a) The Government shall consist of a Prime
Minister and Ministers, including at least
one person from each national community meeting
the threshold specified in
paragraph 1(b)(ii) of Article II. Ministers
shall head the Administrative Organs of
Kosovo.
(b) The candidate for Prime Minister proposed
by the President shall put forward a
list of Ministers to the Assembly. The Prime
Minister, together with the list of
Ministers, shall be approved by a majority
of those present and voting in the
Assembly. In the event that the Prime Minister
is not able to obtain a majority for the
Government, the President shall propose a
new candidate for Prime Minister within
ten days.
(c) The Government shall resign if a no confidence
motion is adopted by a vote of a
majority of the members of the Assembly. If
the Prime Minister or the Government
resigns, the President shall select a new
candidate for Prime Minister who shall seek
to form a Government.
(d) The Prime Minister shall call meetings
of the Government, represent it as
appropriate, and coordinate its work. Decisions
of the Government shall require a
majority of Ministers present and voting.
The Prime Minister shall cast the deciding
vote in the event Ministers are equally divided.
The Government shall otherwise
decide its own rules of procedure.
2. Administrative Organs shall be responsible
for assisting the Government in carrying
out its duties.
(a) National communities shall be fairly represented
at all levels in the Administrative
Organs.
(b) Any citizen in Kosovo claiming to have
been directly and adversely affected by the
decision of an executive or administrative
body shall have the right to judicial review
of the legality of that decision after exhausting
all avenues for administrative review.
The Assembly shall enact a law to regulate
this review.
3. There shall be a Chief Prosecutor who shall
be responsible for prosecuting
individuals who violate the criminal laws
of Kosovo. He shall head an Office of the
Prosecutor, which shall at all levels have
staff representative of the population of
Kosovo.
Article V: Judiciary
General
1. Kosovo shall have a Constitutional Court,
a Supreme Court, District Courts, and
Communal Courts.
2. The Kosovo courts shall have jurisdiction
over all matters arising under this
Constitution or the laws of Kosovo except
as specified in paragraph 3. The Kosovo
courts shall also have jurisdiction over questions
of federal law, subject to appeal to
the Federal courts on these questions after
all appeals available under the Kosovo
system have been exhausted.
3. Citizens in Kosovo may opt to have civil
disputes to which they are party
adjudicated by other courts in the Federal
Republic of Yugoslavia, which shall apply
the law applicable in Kosovo.
4. The following rules will apply to criminal
cases:
(a) At the start of criminal proceedings, the
defendant is entitled to have his or her trial
transferred to another Kosovo court that he
or she designates.
(b) In criminal cases in which all defendants
and victims are members of the same
national community, all members of the judicial
council will be from a national
community of their choice if any party so
requests.
(c) A defendant in a criminal case tried in
Kosovo courts is entitled to have at least
one member of the judicial council hearing
the case to be from his or her national
community. Kosovo authorities will consider
and allow judges of other courts in the
Federal Republic of Yugoslavia to serve as
Kosovo judges for these purposes.
Constitutional Court
5. The Constitutional Court shall consist of
nine judges. There shall be at least one
Constitutional Court judge from each national
community meeting the threshold
specified in paragraph 1(b)(ii) of Article
II. Until such time as the Parties agree to
discontinue this arrangement, 5 judges of
the Constitutional Court shall be selected
from a list drawn up by the President of the
European Court of Human Rights.
6. The Constitutional Court shall have authority
to resolve disputes relating to the
meaning of this Constitution. That authority
shall include, but is not limited to,
determining whether laws applicable in Kosovo,
decisions or acts of the President, the
Assembly, the Government, the Communes, and
the national communities are
compatible with this Constitution.
(a) Matters may be referred to the Constitutional
Court by the President of Kosovo,
the President or Vice-Presidents of the Assembly,
the Ombudsman, the communal
assemblies and councils, and any national
community acting according to its
democratic procedures.
(b) Any court which finds in the course of
adjudicating a matter that the dispute
depends on the answer to a question within
the Constitutional Court's jurisdiction shall
refer the issue to the Constitutional Court
for a preliminary decision.
7. Following the exhaustion of other legal
remedies, the Constitutional Court shall at
the request of any person claiming to be a
victim have jurisdiction over complaints that
human rights and fundamental freedoms and
the rights of members of national
communities set forth in this Constitution
have been violated by a public authority.
8. The Constitutional Court shall have such
other jurisdiction as may be specified
elsewhere in this Agreement or by law.
Supreme Court
9. The Supreme Court shall consist of nine
judges. There shall be at least one
Supreme Court judge from each national community
meeting the threshold specified in
paragraph 1(b)(ii) of Article II.
10. The Supreme Court shall hear appeals from
the District Courts and the
Communal Courts. Except as otherwise provided
in this Constitution, the Supreme
Court shall be the court of final appeal for
all cases arising under law applicable in
Kosovo. Its decisions shall be recognized
and executed by all authorities in the
Federal Republic of Yugoslavia.
Functioning of the Courts
11. The Assembly shall determine the number
of District and Communal Court judges
necessary to meet current needs.
12. Judges of all courts in Kosovo shall be
distinguished jurists of the highest moral
character. They shall be broadly representative
of the national communities of
Kosovo.
13. Removal of a Kosovo judge shall require
the consensus of the judges of the
Constitutional Court. A Constitutional Court
judge whose removal is in question shall
not participate in the decision on his case.
14. The Constitutional Court shall adopt rules
for itself and for other courts in
Kosovo. The Constitutional and Supreme Courts
shall each adopt decisions by
majority vote of their members.
15. Except as otherwise specified in their
rules, all Kosovo courts shall hold public
proceedings. They shall issue published opinions
setting forth the reasons for their
decisions.
Article VI: Human Rights and Fundamental Freedoms
1. All authorities in Kosovo shall ensure internationally
recognized human rights and
fundamental freedoms.
2. The rights and freedoms set forth in the
European Convention for the Protection of
Human Rights and Fundamental Freedoms and
its Protocols shall apply directly in
Kosovo. Other internationally recognized human
rights instruments enacted into law
by the Kosovo Assembly shall also apply. These
rights and freedoms shall have
priority over all other law.
3. All courts, agencies, governmental institutions,
and other public institutions of
Kosovo or operating in relation to Kosovo
shall conform to these human rights and
fundamental freedoms.
Article VII: National Communities
1. National communities and their members shall
have additional rights as set forth
below in order to preserve and express their
national, cultural, religious, and linguistic
identities in accordance with international
standards and the Helsinki Final Act. Such
rights shall be exercised in conformity with
human rights and fundamental freedoms.
2. Each national community may elect, through
democratic means and in a manner
consistent with the principles of Chapter
3 of this Agreement, institutions to administer
its affairs in Kosovo.
3. The national communities shall be subject
to the laws applicable in Kosovo,
provided that any act or decision concerning
national communities must be non-
discriminatory. The Assembly shall decide
upon a procedure for resolving disputes
between national communities.
4. The additional rights of the national communities,
acting through their democratically
elected institutions, are to:
(a) preserve and protect their national, cultural,
religious, and linguistic identities,
including by:
(i) inscribing local names of towns and villages,
of squares and streets, and of other
topographic names in the language and alphabet
of the national community in addition
to signs in Albanian and Serbian, consistent
with decisions about style made by the
communal institutions;
(ii) providing information in the language
and alphabet of the national community;
(iii) providing for education and establishing
educational institutions, in particular for
schooling in their own language and alphabet
and in national culture and history, for
which relevant authorities will provide financial
assistance; curricula shall reflect a spirit
of tolerance between national communities
and respect for the rights of members of all
national communities in accordance with international
standards;
(iv) enjoying unhindered contacts with representatives
of their respective national
communities, within the Federal Republic of
Yugoslavia and abroad;
(v) using and displaying national symbols,
including symbols of the Federal Republic
of Yugoslavia and the Republic of Serbia;
(vi) protecting national traditions on family
law by, if the community decides, arranging
rules in the field of inheritance; family
and matrimonial relations; tutorship; and
adoption;
(vii) the preservation of sites of religious,
historical, or cultural importance to the
national community in cooperation with other
authorities;
(viii) implementing public health and social
services on a non-discriminatory basis as to
citizens and national communities;
(ix) operating religious institutions in cooperation
with religious authorities; and
(x) participating in regional and international
non-governmental organizations in
accordance with procedures of these organizations;
(b) be guaranteed access to, and representation
in, public broadcast media, including
provisions for separate programming in relevant
languages under the direction of those
nominated by the respective national community
on a fair and equitable basis; and
(c) finance their activities by collecting
contributions the national communities may
decide to levy on members of their own communities.
5. Members of national communities shall also
be individually guaranteed:
(a) the right to enjoy unhindered contacts
with members of their respective national
communities elsewhere in the Federal Republic
of Yugoslavia and abroad;
(b) equal access to employment in public services
at all levels;
(c) the right to use their languages and alphabets;
(d) the right to use and display national community
symbols;
(e) the right to participate in democratic
institutions that will determine the national
community's exercise of the collective rights
set forth in this Article; and
(f) the right to establish cultural and religious
associations, for which relevant
authorities will provide financial assistance.
6. Each national community and, where appropriate,
their members acting individually
may exercise these additional rights through
Federal institutions and institutions of the
Republics, in accordance with the procedures
of those institutions and without
prejudice to the ability of Kosovo institutions
to carry out their responsibilities.
7. Every person shall have the right freely
to choose to be treated or not to be treated
as belonging to a national community, and
no disadvantage shall result from that
choice or from the exercise of the rights
connected to that choice.
Article VIII: Communes
1. Kosovo shall have the existing communes.
Changes may be made to communal
boundaries by act of the Kosovo Assembly after
consultation with the authorities of
the communes concerned.
2. Communes may develop relationships among
themselves for their mutual benefit.
3. Each commune shall have an Assembly, an
Executive Council, and such
administrative bodies as the commune may establish.
(a) Each national community whose membership
constitutes at least three percent of
the population of the commune shall be represented
on the Council in proportion to its
share of the communal population or by one
member, whichever is greater.
(b) Prior to the completion of a census, disputes
over communal population
percentages for purposes of this paragraph
shall be resolved by reference to
declarations of national community membership
in the voter registry.
4. The communes shall have responsibility for:
(a) law enforcement, as specified in Chapter
2 of this Agreement;
(b) regulating and, when appropriate, providing
child care;
(c) providing education, consistent with the
rights and duties of national communities,
and in a spirit of tolerance between national
communities and respect for the rights of
the members of all national communities in
accordance with international standards;
(d) protecting the communal environment;
(e) regulating commerce and privately-owned
stores;
(f) regulating hunting and fishing;
(g) planning and carrying out public works
of communal importance, including roads
and water supplies, and participating in the
planning and carrying out of Kosovo-wide
public works projects in coordination with
other communes and Kosovo authorities;
(h) regulating land use, town planning, building
regulations, and housing construction;
(i) developing programs for tourism, the hotel
industry, catering, and sport;
(j) organizing fairs and local markets;
(k) organizing public services of communal
importance, including fire, emergency
response, and police consistent with Chapter
2 of this Agreement; and
(l) financing the work of communal institutions,
including raising revenues, taxes, and
preparing budgets.
5. The communes shall also have responsibility
for all other areas within Kosovo's
authority not expressly assigned elsewhere
herein, subject to the provisions of Article
II.5(b) of this Constitution.
6. Each commune shall conduct its business
in public and shall maintain publicly
available records of its deliberations and
decisions.
Article IX: Representation
1. Citizens in Kosovo shall have the right
to participate in the election of:
(a) At least 10 deputies in the House of Citizens
of the Federal Assembly; and
(b) At least 20 deputies in the National Assembly
of the Republic of Serbia.
2. The modalities of elections for the deputies
specified in paragraph 1 shall be
determined by the Federal Republic of Yugoslavia
and the Republic of Serbia
respectively, under procedures to be agreed
with the Chief of the Implementation
Mission.
3. The Assembly shall have the opportunity
to present to the appropriate authorities a
list of candidates from which shall be drawn:
(a) At least one citizen in Kosovo to serve
in the Federal Government, and at least
one citizen in Kosovo to serve in the Government
of the Republic of Serbia; and
(b) At least one judge on the Federal Constitutional
Court, one judge on the Federal
Court, and three judges on the Supreme Court
of Serbia.
Article X: Amendment
1. The Assembly may by a majority of two-thirds
of its Members, which majority
must include a majority of the Members elected
from each national community
pursuant to Article II.1(b)(ii), adopt amendments
to this Constitution.
2. There shall, however, be no amendments to
Article I.3-8 or to this Article, nor shall
any amendment diminish the rights granted
by Articles VI and VII.
Article XI: Entry into Force
This Constitution shall enter into force upon
signature of this Agreement.
Chapter 2
Police and Civil Public Security
Article I: General Principles
1. All law enforcement agencies, organizations
and personnel of the Parties, which for
purposes of this Chapter will include customs
and border police operating in Kosovo,
shall act in compliance with this Agreement
and shall observe internationally
recognized standards of human rights and due
process. In exercising their functions,
law enforcement personnel shall not discriminate
on any ground, such as sex, race,
color, language, religion, political or other
opinion, national or social origin, association
with a national community, property, birth
or other status.
2. The Parties invite the Organization for
Security and Cooperation in Europe
(OSCE) through its Implementation Mission
(IM) to monitor and supervise
implementation of this Chapter and related
provisions of this Agreement. The Chief of
the Implementation Mission (CIM) or his designee
shall have the authority to issue
binding directives to the Parties and subsidiary
bodies on police and civil public
security matters to obtain compliance by the
Parties with the terms of this Chapter.
The Parties agree to cooperate fully with
the IM and to comply with its directives.
Personnel assigned to police-related duties
within the IM shall be permitted to wear a
uniform while serving in this part of the
mission.
3. In carrying out his responsibilities, the
CIM will inform and consult KFOR as
appropriate.
4. The IM shall have the authority to:
(a) Monitor, observe, and inspect law enforcement
activities, personnel, and facilities,
including border police and customs units,
as well as associated judicial organizations,
structures, and proceedings;
(b) Advise law enforcement personnel and forces,
including border police and
customs units, and, when necessary to bring
them into compliance with this
Agreement, including this Chapter, issue appropriate
binding directions in coordination
with KFOR;
(c) Participate in and guide the training of
law enforcement personnel;
(d) In coordination with KFOR, assess threats
to public order;
(e) Advise and provide guidance to governmental
authorities on how to deal with
threats to public order and on the organization
of effective civilian law enforcement
agencies;
(f) Accompany the Parties' law enforcement
personnel as they carry out their
responsibilities, as the IM deems appropriate;
(g) Dismiss or discipline public security personnel
of the Parties for cause; and
(h) Request appropriate law enforcement support
from the international community to
enable IM to carry out the duties assigned
in this Chapter.
5. All Kosovo, Republic and Federal law enforcement
and Federal military authorities
shall be obligated, in their respective areas
of authority, to ensure freedom of
movement and safe passage for all persons,
vehicles and goods. This obligation
includes a duty to permit the unobstructed
passage into Kosovo of police equipment
which has been approved by the CIM and COMKFOR
for use by Kosovo police,
and of any other support provided under subparagraph
4(h) above.
6. The Parties undertake to provide one another
mutual assistance, when requested,
in the surrender of those accused of committing
criminal acts within a Party's
jurisdiction, and in the investigation and
prosecution of offenses across the boundary
of Kosovo with other parts of the FRY. The
Parties shall develop agreed procedures
and mechanisms for responding to these requests.
The CIM or his designee shall
resolve disputes on these matters.
7. The IM shall aim to transfer law enforcement
responsibilities described in Article II
below to the law enforcement officials and
organizations described in Article II at the
earliest practical time consistent with civil
public security.
Article II: Communal Police
1. As they build up, communal police units,
organized and stationed at the communal
and municipal levels, shall assume primary
responsibility for law enforcement in
Kosovo. The specific responsibilities of the
communal police will include police
patrols and crime prevention, criminal investigations,
arrest and detention of criminal
suspects, crowd control, and traffic control.
2. Number and Composition. The total number
of communal police established by
this Agreement operating within Kosovo shall
not exceed 3,000 active duty law
enforcement officers. However, the CIM shall
have the authority to increase or
decrease this personnel ceiling if he determines
such action is necessary to meet
operational needs. Prior to taking any such
action, the CIM shall consult with the
Criminal Justice Administration and other
officials as appropriate. The national
communities in each commune shall be fairly
represented in the communal police unit.
3. Criminal Justice Administration.
a. A Criminal Justice Administration (CJA)
shall be established. It shall be an
Administrative Organ of Kosovo, reporting
to an appropriate member of the
Government of Kosovo as determined by the
Government. The CJA shall provide
general coordination of law enforcement operations
in Kosovo. Specific functions of
the CJA shall include general supervision
over, and providing guidance to, communal
police forces through their commanders, assisting
in the coordination between
separate communal police forces, and oversight
of the operations of the police
academy. In carrying out these responsibilities,
the CJA may issue directives, which
shall be binding on communal police commanders
and personnel. In the exercise of its
functions, the CJA shall be subject to any
directions given by CIM.
b. Within twelve months of the establishment
of the CJA, the CJA shall submit for
review by the CIM a plan for the coordination
and development of law enforcement
bodies and personnel in Kosovo within its
jurisdiction. This plan shall serve as the
framework for law enforcement coordination
and development in Kosovo and be
subject to modification by the CIM.
c. The IM will endeavor to develop the capacities
of the CJA as quickly as possible.
Prior to the point when the CJA is able to
properly carry out the functions described
in the preceding paragraph, as determined
by the CIM, the IM shall carry out these
functions.
4. Communal Commanders. Subject to review by
the CIM, each commune will
appoint, and may remove for cause, by majority
vote of the communal council, a
communal police commander with responsibility
for police operations within the
commune.
5. Service in Police.
(a) Recruitment for public security personnel
will be conducted primarily at the local
level. Local and communal governments, upon
consultation with communal Criminal
Justice Commissions, will nominate officer
candidates to attend the Kosovo Police
Academy. Offers of employment will be made
by communal police commanders, with
the concurrence of the academy director, only
after the candidate has successfully
completed the academy basic recruit course.
(b) Recruitment, selection and training of
communal police officers shall be conducted
under the direction of the IM during the period
of its operation.
(c) There shall be no bar to service in the
communal police based on prior political
activities. Members of the police shall not,
however, be permitted while they hold this
public office to participate in party political
activities other than membership in such a
party.
(d) Continued service in the police is dependent
upon behavior consistent with the
terms of this Agreement, including this Chapter.
The IM shall supervise regular
reviews of officer performance, which shall
be conducted in accordance with
international due process norms.
6. Uniforms and Equipment.
(a) All communal police officers, with the
exception of officers participating in crowd
control functions, shall wear a standard uniform.
Uniforms shall include a badge,
picture identification, and name tag.
(b) Communal police officers may be equipped
with a sidearm, handcuffs, a baton,
and a radio.
(c) Subject to authorization or modification
by the CIM, each commune may maintain,
either at the communal headquarters or at
municipal stations, no more than one
long-barreled weapon not to exceed 7.62 mm
for every fifteen police officers
assigned to the commune. Each such weapon
must be approved by and registered
with the IM and KFOR pursuant to procedures
established by the CIM and
COMKFOR. When not in use, all such weapons
will be securely stored and each
commune will keep a registry of these weapons.
(i) In the event of a serious law enforcement
threat that would justify the use of these
weapons, the communal police commander shall
obtain IM approval before
employing these weapons.
(ii) The communal police commander may authorize
the use of these weapons without
prior approval of the IM for the sole purpose
of self-defense. In such cases, he must
report the incident no later than one hour
after it occurs to the IM and KFOR.
(iii) If the CIM determines that a weapon has
been used by a member of a communal
police force in a manner contrary to this
Chapter, he may take appropriate corrective
measures; such measures may include reducing
the number of such weapons that the
communal police force is allowed to possess
or dismissing or disciplining the law
enforcement personnel involved.
(d) Communal police officers engaged in crowd
control functions will receive
equipment appropriate to their task, including
batons, helmets and shields, subject to
IM approval.
Article III: Interim Police Academy
1. Under the supervision of the IM, the CJA
shall establish an interim Police Academy
that will offer mandatory and professional
development training for all public security
personnel, including border police. Until
the interim police academy is established, IM
will oversee a temporary training program
for public security personnel including
border police.
2. All public security personnel shall be required
to complete a course of police
studies successfully before serving as communal
police officers.
3. The Academy shall be headed by a Director
appointed and removed by the CJA in
consultation with the Kosovo Criminal Justice
Commission and the IM. The Director
shall consult closely with the IM and comply
fully with its recommendations and
guidance.
4. All Republic and Federal police training
facilities in Kosovo, including the academy
at Vucitrn, will cease operations within 6
months of the entry into force of this
Agreement.
Article IV: Criminal Justice Commissions
1. The parties shall establish a Kosovo Criminal
Justice Commission and Communal
Criminal Justice Commissions. The CIM or his
designee shall chair meetings of these
Commissions. They shall be forums for cooperation,
coordination and the resolution
of disputes concerning law enforcement and
civil public security in Kosovo.
2. The functions of the Commissions shall include
the following:
(a) Monitor, review, and make recommendations
regarding the operation of law
enforcement personnel and policies in Kosovo,
including communal police units;
(b) Review, and make recommendations regarding
the recruitment, selection and
training of communal police officers and commanders;
(c) Consider complaints regarding police practices
filed by individuals or national
communities, and provide information and recommendations
to communal police
commanders and the CIM for consideration in
their reviews of officer performance;
and
(d) In the Kosovo Criminal Justice Commission
only: In consultation with designated
local, Republic and Federal police liaisons,
monitor jurisdiction sharing in cases of
overlapping criminal jurisdiction between
Kosovo, Republic and Federal authorities.
3. The membership of the Kosovo Criminal Justice
Commission and each Communal
Criminal Justice Commission shall be representative
of the population and shall
include:
(a) In the Kosovo Criminal Justice Commission:
(i) a representative of each commune;
(ii) the head of the Kosovo CJA;
(iii) a representative of each Republic and
Federal law enforcement component
operating in Kosovo (for example, Customs
police and Border police);
(iv) a representative of each national community;
(v) a representative of the IM, during its
period of operation in Kosovo;
(vi) a representative of the VJ border guard,
as appropriate;
(vii) a representative of the MUP, as appropriate,
while present in Kosovo; and
(viii) A representative of KFOR, as appropriate.
(b) In the Communal Criminal
Justice Commissions:
(i) the communal police commander;
(ii) a representative of any Republic and Federal
law enforcement component
operating in the commune;
(iii) a representative of each national community;
(iv) a civilian representative of the communal
government;
(v) a representative of the IM, during its
period of operation in Kosovo;
(vi) a representative of the VJ border guard,
who shall have observer status, as
appropriate; and
(vii) A representative of KFOR, as appropriate.
4. Each Criminal Justice Commission shall meet
at least monthly, or at the request of
any Commission member.
Article V: Police Operations in Kosovo
1. The communal police established by this
Agreement shall have exclusive law
enforcement authority and jurisdiction and
shall be the only police presence in Kosovo
following the reduction and eventual withdrawal
from Kosovo by the MUP, with the
exception of border police as specified in
Article VI and any support provided
pursuant to Article I(3)(h).
(a) During the transition to communal police,
the remaining MUP shall carry out only
normal policing duties, and shall draw down,
pursuant to the schedule described in
Chapter 7.
(b) During the period of the phased drawdown
of the MUP, the MUP in Kosovo
shall have authority to conduct only civil
police functions and shall be under the
supervision and control of the CIM. The IM
may dismiss from service, or take other
appropriate disciplinary action against, MUP
personnel who obstruct implementation
of this Agreement.
2. Concurrent Law Enforcement in Kosovo.
(a) Except as provided in Article V.1 and Article
VI, Federal and Republic law
enforcement officials may only act within
Kosovo in cases of hot pursuit of a person
suspected of committing a serious criminal
offense.
(i) Federal and Republic authorities shall
as soon as practicable, but in no event later
than one hour after their entry into Kosovo
while engaged in a hot pursuit, notify the
nearest Kosovo law enforcement officials that
the pursuit has crossed into Kosovo.
Once notification has been made, further pursuit
and apprehension shall be
coordinated with Kosovo law enforcement. Following
apprehension, suspects shall be
placed into the custody of the authorities
originating the pursuit. If the suspect has not
been apprehended within four hours, the original
pursuing authorities shall cease their
pursuit and immediately depart Kosovo unless
invited to continue their pursuit by the
CJA or the CIM.
(ii) In the event the pursuit is of such short
duration as to preclude notification,
Kosovo law enforcement officials shall be
notified that an apprehension has been
made and shall be given access to the detainee
prior to his removal from Kosovo.
(iii) Personnel engaged in hot pursuit under
the provisions of this Article may only be
civilian police, may only carry weapons appropriate
for normal civilian police duties
(sidearms, and long-barreled weapons not to
exceed 7.62mm), may only travel in
officially marked police vehicles, and may
not exceed a total of eight personnel at any
one time. Travel in armored personnel carriers
by police engaged in hot pursuit is
strictly prohibited.
(iv) The same rules shall apply to hot pursuit
of suspects by Kosovo law enforcement
authorities to Federal territory outside of
Kosovo.
(b) All Parties shall provide the highest degree
of mutual assistance in law enforcement
matters in response to reasonable requests.
Article VI: Security on International Borders
1. The Government of the FRY will maintain
official border crossings on its
international borders (Albania and FYROM).
2. Personnel from the organizations listed
below may be present along Kosovo's
international borders and at international
border crossings, and may not act outside
the scope of the authorities specified in
this Chapter.
(a) Republic of Serbia Border Police
(i) The Border Police shall continue to exercise
authority at Kosovo's international
border crossings and in connection with the
enforcement of Federal Republic of
Yugoslavia immigration laws. The total number
of border police shall be drawn down
to 75 within 14 days of entry into force of
this Agreement.
(ii) While maintaining the personnel threshold
specified in subparagraph (i), the ranks
of the existing Border Police units operating
in Kosovo shall be supplemented by new
recruits so that they are representative of
the Kosovo population.
(iii) All Border Police stationed in Kosovo
must attend police training at the Kosovo
police academy within 18 months of the entry
into force of this Agreement.
(b) Customs Officers
(i) The FRY Customs Service will continue to
exercise customs jurisdiction at
Kosovo's official international border crossings
and in such customs warehouses as
may be necessary within Kosovo. The total
number of customs personnel shall be
drawn down to 50 within 14 days of the entry
into force of this Agreement.
(ii) Kosovar Albanian officers of the Customs
Service shall be trained and
compensated by the FRY.
(c) The CIM shall conduct a periodic review
of customs and border police
requirements and shall have the authority
to increase or decrease the personnel
ceilings described in paragraphs (a)(i) and
(b)(i) above to reflect operational needs
and to adjust the composition of individual
customs units.
Article VII: Arrest and Detention
1. Except pursuant to Article V, Article I(3)(h),
and sections (a)-(b) of this paragraph,
only officers of the communal police shall
have authority to arrest and detain
individuals in Kosovo. (a) Border Police officers
shall have authority within Kosovo to
arrest and detain individuals who have violated
criminal provisions of the immigration
laws.
(b) Officers of the Customs Service shall have
authority within Kosovo to arrest and
detain individuals for criminal violations
of the customs laws.
2. Immediately upon making an arrest, the arresting
officer shall notify the nearest
Communal Criminal Justice Commission of the
detention and the location of the
detainee. He subsequently shall transfer the
detainee to the nearest appropriate jail in
Kosovo at the earliest opportunity.
3. Officers may use reasonable and necessary
force proportionate to the
circumstances to effect arrests and keep suspects
in custody.
4. Kosovo and its constituent communes shall
establish jails and prisons to
accommodate the detention of criminal suspects
and the imprisonment of individuals
convicted of violating the laws applicable
in Kosovo. Prisons shall be operated
consistent with international standards. Access
shall be provided to international
personnel, including representatives of the
International Committee of the Red Cross.
Article VIII: Administration of Justice
1. Criminal Jurisdiction over Persons Arrested
within Kosovo.
(a) Except in accordance with Article V and
subparagraph (b) of this paragraph, any
person arrested within Kosovo shall be subject
to the jurisdiction of the Kosovo
courts.
(b) Any person arrested within Kosovo, in accordance
with the law and with this
Agreement, by the Border Police or Customs
Police shall be subject to the
jurisdiction of the FRY courts. If there is
no applicable court of the FRY to hear the
case, the Kosovo courts shall have jurisdiction.
2. Prosecution of Crimes.
(a) The CJA shall, in consultation with the
CIM, appoint and have the authority to
remove the Chief Prosecutor.
(b) The IM shall have the authority to monitor,
observe, inspect, and when necessary,
direct the operations of the Office of the
Prosecutor and any and all related staff.
Article IX: Final Authority to Interpret
The CIM is the final authority regarding interpretation
of this Chapter and his
determinations are binding on all Parties
and persons.
Chapter 3
Conduct and Supervision of Elections
Article I: Conditions for Elections
1. The Parties shall ensure that conditions
exist for the organization of free and fair
elections, which include but are not limited
to:
a) freedom of movement for all citizens;
b) an open and free political environment;
c) an environment conducive to the return of
displaced persons;
d) a safe and secure environment that ensures
freedom of assembly, association, and
expression;
e) an electoral legal framework of rules and
regulations complying with OSCE
commitments, which will be implemented by
a Central Election Commission, as set
forth in Article III, which is representative
of the population of Kosovo in terms of
national communities and political parties;
and
f) free media, effectively accessible to registered
political parties and candidates, and
available to voters throughout Kosovo.
2. The Parties request the OSCE to certify
when elections will be effective under
current conditions in Kosovo, and to provide
assistance to the Parties to create
conditions for free and fair elections.
3. The Parties shall comply fully with Paragraphs
7 and 8 of the OSCE Copenhagen
Document, which are attached to this Chapter.
Article II: Role of the OSCE
1. The Parties request the OSCE to adopt and
put in place an elections program for
Kosovo and supervise elections as set forth
in this Agreement.
2. The Parties request the OSCE to supervise,
in a manner to be determined by the
OSCE and in cooperation with other international
organizations the OSCE deems
necessary, the preparation and conduct of
elections for:
a) Members of the Kosovo Assembly;
b) Members of Communal Assemblies;
c) other officials popularly elected in Kosovo
under this Agreement and the laws and
Constitution of Kosovo at the discretion of
the OSCE.
3. The Parties request the OSCE to establish
a Central Election Commission in
Kosovo ("the Commission").
4. Consistent with Article IV of Chapter 5,
the first elections shall be held within nine
months of the entry into force of this Agreement.
The President of the Commission
shall decide, in consultation with the Parties,
the exact timing and order of elections for
Kosovo political offices.
Article III: Central Election Commission
1. The Commission shall adopt electoral Rules
and Regulations on all matters
necessary for the conduct of free and fair
elections in Kosovo, including rules relating
to: the eligibility and registration of candidates,
parties, and voters, including displaced
persons and refugees; ensuring a free and
fair elections campaign; administrative and
technical preparation for elections including
the establishment, publication, and
certification of election results; and the
role of international and domestic election
observers.
2. The responsibilities of the Commission,
as provided in the electoral Rules and
Regulations, shall include:
a) the preparation, conduct, and supervision
of all aspects of the electoral process,
including development and supervision of political
party and voter registration, and
creation of secure and transparent procedures
for production and dissemination of
ballots and sensitive election materials,
vote counts, tabulations, and publication of
elections results;
b) ensuring compliance with the electoral Rules
and Regulations established pursuant
to this Agreement, including establishing
auxiliary bodies for this purpose as
necessary;
c) ensuring that action is taken to remedy
any violation of any provision of this
Agreement, including imposing penalties such
as removal from candidate or party lists,
against any person, candidate, political party,
or body that violates such provisions;
and
d) accrediting observers, including personnel
from international organizations and
foreign and domestic non-governmental organizations,
and ensuring that the Parties
grant the accredited observers unimpeded access
and movement.
3. The Commission shall consist of a person
appointed by the Chairman-in-Office
(CIO) of the OSCE, representatives of all
national communities, and representatives
of political parties in Kosovo selected by
criteria to be determined by the
Commission. The person appointed by the CIO
shall act as the President of the
Commission. The rules of procedure of the
Commission shall provide that in the
exceptional circumstance of an unresolved
dispute within the Commission, the
decision of the President shall be final and
binding.
4. The Commission shall enjoy the right to
establish communication facilities, and to
engage local and administrative staff.
Chapter 4
Economic Issues
Article I
1. The economy of Kosovo shall function in
accordance with free market principles.
2. The authorities established to levy and
collect taxes and other charges are set forth
in this Agreement. Except as otherwise expressly
provided, all authorities have the
right to keep all revenues from their own
taxes or other charges consistent with this
Agreement.
3. Certain revenue from Kosovo taxes and duties
shall accrue to the Communes,
taking into account the need for an equalization
of revenues between the Communes
based on objective criteria. The Assembly
of Kosovo shall enact appropriate
non-discriminatory legislation for this purpose.
The Communes may also levy local
taxes in accordance with this Agreement.
4. The Federal Republic of Yugoslavia shall
be responsible for the collection of all
customs duties at international borders in
Kosovo. There shall be no impediments to
the free movement of persons, goods, services,
and capital to and from Kosovo.
5. Federal authorities shall ensure that Kosovo
receives a proportionate and equitable
share of benefits that may be derived from
international agreements concluded by the
Federal Republic and of Federal resources.
6. Federal and other authorities shall within
their respective powers and
responsibilities ensure the free movement
of persons, goods, services, and capital to
Kosovo, including from international sources.
They shall in particular allow access to
Kosovo without discrimination for persons
delivering such goods and services.
7. If expressly required by an international
donor or lender, international contracts for
reconstruction projects shall be concluded
by the authorities of the Federal Republic
of Yugoslavia, which shall establish appropriate
mechanisms to make such funds
available to Kosovo authorities. Unless precluded
by the terms of contracts, all
reconstruction projects that exclusively concern
Kosovo shall be managed and
implemented by the appropriate Kosovo authority.
Article II
1. The Parties agree to reallocate ownership
and resources in accordance insofar as
possible with the distribution of powers and
responsibilities set forth in this
Agreement, in the following areas:
(a) government-owned assets (including educational
institutions, hospitals, natural
resources, and production facilities);
(b) pension and social insurance contributions;
(c) revenues to be distributed under Article
I.5; and
(d) any other matters relating to economic
relations between the Parties not covered
by this Agreement.
2. The Parties agree to the creation of a Claim
Settlement Commission (CSC) to
resolve all disputes between them on matters
referred to in paragraph 1.
(a) The CSC shall consist of three experts
designated by Kosovo, three experts
designated jointly by the Federal Republic
of Yugoslavia and the Republic of Serbia,
and three independent experts designated by
the CIM.
(b) The decisions of the CSC, which shall be
taken by majority vote, shall be final and
binding. The Parties shall implement them
without delay.
3. Authorities receiving ownership of public
facilities shall have the power to operate
such facilities.
Chapter 4 A
Humanitarian Assistance,
Reconstruction and Economic Development
1. In parallel with the continuing full implementation
of this Agreement, urgent attention
must be focused on meeting the real humanitarian
and economic needs of Kosovo in
order to help create the conditions for reconstruction
and lasting economic recovery.
International assistance will be provided
without discrimination between national
communities.
2. The Parties welcome the willingness of the
European Commission working with the
international community to co-ordinate international
support for the parties' efforts.
Specifically, the European Commission will
organize an international donors'
conference within one month of entry into
force of this Agreement.
3. The international community will provide
immediate and unconditional humanitarian
assistance, focusing primarily on refugees
and internally displaced persons returning to
their former homes. The Parties welcome and
endorse the UNHCR's lead role in
co-ordination of this effort, and endorse
its intention, in close co-operation with the
Implementation Mission, to plan an early,
peaceful, orderly and phased return of
refugees and displaced persons in conditions
of safety and dignity.
4. The international community will provide
the means for the rapid improvement of
living conditions for the population of Kosovo
through the reconstruction and
rehabilitation of housing and local infrastructure
(including water, energy, health and
local education infrastructure) based on damage
assessment surveys.
5. Assistance will also be provided to support
the establishment and development of
the institutional and legislative framework
laid down in this Agreement, including local
governance and tax settlement, and to reinforce
civil society, culture and education.
Social welfare will also be addressed, with
priority given to the protection of
vulnerable social groups.
6. It will also be vital to lay the foundations
for sustained development, based on a
revival of the local economy. This must take
account of the need to address
unemployment, and to stimulate the economy
by a range of mechanisms. The
European Commission will be giving urgent
attention to this.
7. International assistance, with the exception
of humanitarian aid, will be subject to
full compliance with this Agreement as well
as other conditionalities defined in
advance by the donors and the absorptive capacity
of Kosovo.
Chapter 5
Implementation I
Article I: Institutions
Implementation Mission
1. The Parties invite the OSCE, in cooperation
with the European Union, to constitute
an Implementation Mission in Kosovo. All responsibilities
and powers previously
vested in the Kosovo Verification Mission
and its Head by prior agreements shall be
continued in the Implementation Mission and
its Chief.
Joint Commission
2. A Joint Commission shall serve as the central
mechanism for monitoring and
coordinating the civilian implementation of
this Agreement. It shall consist of the Chief
of the Implementation Mission (CIM), one Federal
and one Republic representative,
one representative of each national community
in Kosovo, the President of the
Assembly, and a representative of the President
of Kosovo. Meetings of the Joint
Commission may be attended by other representatives
of organizations specified in
this Agreement or needed for its implementation.
3. The CIM shall serve as the Chair of the
Joint Commission. The Chair shall
coordinate and organize the work of the Joint
Commission and decide the time and
place of its meetings. The Parties shall abide
by and fully implement the decisions of
the Joint Commission. The Joint Commission
shall operate on the basis of consensus,
but in the event consensus cannot be reached,
the Chair's decision shall be final.
4. The Chair shall have full and unimpeded
access to all places, persons, and
information (including documents and other
records) within Kosovo that in his
judgment are necessary to his responsibilities
with regard to the civilian aspects of this
Agreement.
Joint Council and Local Councils
5. The CIM may, as necessary, establish a Kosovo
Joint Council and Local Councils,
for informal dispute resolution and cooperation.
The Kosovo Joint Council would
consist of one member from each of the national
communities in Kosovo. Local
Councils would consist of representatives
of each national community living in the
locality where the Local Council is established.
Article II: Responsibilities and Powers
1. The CIM shall:
(a) supervise and direct the implementation
of the civilian aspects of this Agreement
pursuant to a schedule that he shall specify;
(b) maintain close contact with the Parties
to promote full compliance with those
aspects of this Agreement;
(c) facilitate, as he deems necessary, the
resolution of difficulties arising in connection
with such implementation;
(d) participate in meetings of donor organizations,
including on issues of rehabilitation
and reconstruction, in particular by putting
forward proposals and identifying priorities
for their consideration as appropriate;
(e) coordinate the activities of civilian organizations
and agencies in Kosovo assisting
in the implementation of the civilian aspects
of this Agreement, respecting fully their
specific organizational procedures;
(f) report periodically to the bodies responsible
for constituting the Mission on
progress in the implementation of the civilian
aspects of this Agreement; and
(g) carry out the functions specified in this
Agreement pertaining to police and security
forces.
2. The CIM shall also carry out other responsibilities
set forth in this Agreement or as
may be later agreed.
Article III: Status of Implementation Mission
1. Implementation Mission personnel shall be
allowed unrestricted movement and
access into and throughout Kosovo at any time.
2. The Parties shall facilitate the operations
of the Implementation Mission, including
by the provision of assistance as requested
with regard to transportation, subsistence,
accommodation, communication, and other facilities.
3. The Implementation Mission shall enjoy such
legal capacity as may be necessary
for the exercise of its functions under the
laws and regulations of Kosovo, the Federal
Republic of Yugoslavia, and the Republic of
Serbia. Such legal capacity shall include
the capacity to contract, and to acquire and
dispose of real and personal property.
4. Privileges and immunities are hereby accorded
as follows to the Implementation
Mission and associated personnel:
(a) the Implementation Mission and its premises,
archives, and other property shall
enjoy the same privileges and immunities as
a diplomatic mission under the Vienna
Convention on Diplomatic Relations;
(b) the CIM and professional members of his
staff and their families shall enjoy the
same privileges and immunities as are enjoyed
by diplomatic agents and their families
under the Vienna Convention on Diplomatic
Relations; and
(c) other members of the Implementation Mission
staff and their families shall enjoy
the same privileges and immunities as are
enjoyed by members of the administrative
and technical staff and their families under
the Vienna Convention on Diplomatic
Relations.
Article IV: Process of Implementation
General
1. The Parties acknowledge that complete implementation
will require political acts
and measures, and the election and establishment
of institutions and bodies set forth in
this Agreement. The Parties agree to proceed
expeditiously with these tasks on a
schedule set by the Joint Commission. The
Parties shall provide active support,
cooperation, and participation for the successful
implementation of this Agreement.
Elections and Census
2. Within nine months of the entry into force
of this Agreement, there shall be elections
in accordance with and pursuant to procedures
specified in Chapter 3 of this
Agreement for authorities established herein,
according to a voter list prepared to
international standards by the Central Election
Commission. The Organization for
Security and Cooperation in Europe (OSCE)
shall supervise those elections to ensure
that they are free and fair.
3. Under the supervision of the OSCE and with
the participation of Kosovo
authorities and experts nominated by and belonging
to the national communities of
Kosovo, Federal authorities shall conduct
an objective and free census of the
population in Kosovo under rules and regulations
agreed with the OSCE in
accordance with international standards. The
census shall be carried out when the
OSCE determines that conditions allow an objective
and accurate enumeration.
(a) The first census shall be limited to name,
place of birth, place of usual residence
and address, gender, age, citizenship, national
community, and religion.
(b) The authorities of the Parties shall provide
each other and the OSCE with all
records necessary to conduct the census, including
data about places of residence,
citizenship, voters' lists, and other information.
Transitional Provisions
4. All laws and regulations in effect in Kosovo
when this Agreement enters into force
shall remain in effect unless and until replaced
by laws or regulations adopted by a
competent body. All laws and regulations applicable
in Kosovo that are incompatible
with this Agreement shall be presumed to have
been harmonized with this Agreement.
In particular, martial law in Kosovo is hereby
revoked.
5. Institutions currently in place in Kosovo
shall remain until superseded by bodies
created by or in accordance with this Agreement.
The CIM may recommend to the
appropriate authorities the removal and appointment
of officials and the curtailment of
operations of existing institutions in Kosovo
if he deems it necessary for the effective
implementation of this Agreement. If the action
recommended is not taken in the time
requested, the Joint Commission may decide
to take the recommended action.
6. Prior to the election of Kosovo officials
pursuant to this Agreement, the CIM shall
take the measures necessary to ensure the
development and functioning of
independent media in keeping with international
standards, including allocation of
radio and television frequencies.
Article V: Authority to Interpret
The CIM shall be the final authority in theater
regarding interpretation of the civilian
aspects of this Agreement, and the Parties
agree to abide by his determinations as
binding on all Parties and persons.
Chapter 6
The Ombudsman
Article I: General
1. There shall be an Ombudsman, who shall monitor
the realization of the rights of
members of national communities and the protection
of human rights and fundamental
freedoms in Kosovo. The Ombudsman shall have
unimpeded access to any person or
place and shall have the right to appear and
intervene before any domestic, Federal,
or (consistent with the rules of such bodies)
international authority upon his or her
request. No person, institution, or entity
of the Parties may interfere with the functions
of the Ombudsman.
2. The Ombudsman shall be an eminent person
of high moral standing who possesses
a demonstrated commitment to human rights
and the rights of members of national
communities. He or she shall be nominated
by the President of Kosovo and shall be
elected by the Assembly from a list of candidates
prepared by the President of the
European Court of Human Rights for a non-renewable
three-year term. The
Ombudsman shall not be a citizen of any State
or entity that was a part of the former
Yugoslavia, or of any neighboring State. Pending
the election of the President and the
Assembly, the CIM shall designate a person
to serve as Ombudsman on an interim
basis who shall be succeeded by a person selected
pursuant to the procedure set
forth in this paragraph.
3. The Ombudsman shall be independently responsible
for choosing his or her own
staff. He or she shall have two Deputies.
The Deputies shall each be drawn from
different national communities.
(a) The salaries and expenses of the Ombudsman
and his or her staff shall be
determined and paid by the Kosovo Assembly.
The salaries and expenses shall be
fully adequate to implement the Ombudsman's
mandate.
(b) The Ombudsman and members of his or her
staff shall not be held criminally or
civilly liable for any acts carried out within
the scope of their duties.
Article II: Jurisdiction
1. The Ombudsman shall consider:
(a) alleged or apparent violations of human
rights and fundamental freedoms in
Kosovo, as provided in the Constitutions of
the Federal Republic of Yugoslavia and
the Republic of Serbia, and the European Convention
for the Protection of Human
Rights and Fundamental Freedoms and the Protocols
thereto; and
(b) alleged or apparent violations of the rights
of members of national communities
specified in this Agreement.
2. All persons in Kosovo shall have the right
to submit complaints to the Ombudsman.
The Parties agree not to take any measures
to punish persons who intend to submit or
who have submitted such allegations, or in
any other way to deter the exercise of this
right.
Article III: Powers and Duties
1. The Ombudsman shall investigate alleged
violations falling within the jurisdiction set
forth in Article II.1. He or she may act either
on his or her own initiative or in
response to an allegation presented by any
Party or person, non-governmental
organization, or group of individuals claiming
to be the victim of a violation or acting
on behalf of alleged victims who are deceased
or missing. The work of the
Ombudsman shall be free of charge to the person
concerned.
2. The Ombudsman shall have complete, unimpeded,
and immediate access to any
person, place, or information upon his or
her request.
(a) The Ombudsman shall have access to and
may examine all official documents, and
he or she can require any person, including
officials of Kosovo, to cooperate by
providing relevant information, documents,
and files.
(b) The Ombudsman may attend administrative
hearings and meetings of other
Kosovo institutions in order to gather information.
(c) The Ombudsman may examine facilities and
places where persons deprived of
their liberty are detained, work, or are otherwise
located.
(d) The Ombudsman and staff shall maintain
the confidentiality of all confidential
information obtained by them, unless the Ombudsman
determines that such
information is evidence of a violation of
rights falling within his or her jurisdiction, in
which case that information may be revealed
in public reports or appropriate legal
proceedings.
(e) The Parties undertake to ensure cooperation
with the Ombudsman's investigations.
Willful and knowing failure to comply shall
be a criminal offense prosecutable in any
jurisdiction of the Parties. Where an official
impedes an investigation by refusing to
provide necessary information, the Ombudsman
shall contact that official's superior or
the public prosecutor for appropriate penal
action to be taken in accordance with the
law.
3. The Ombudsman shall issue findings and conclusions
in the form of a published
report promptly after concluding an investigation.
(a) A Party, institution, or official identified
by the Ombudsman as a violator shall,
within a period specified by the Ombudsman,
explain in writing how it will comply
with any prescriptions the Ombudsman may put
forth for remedial measures.
(b) In the event that a person or entity does
not comply with the conclusions and
recommendations of the Ombudsman, the report
shall be forwarded for further action
to the Joint Commission established by Chapter
5 of this Agreement, to the President
of the appropriate Party, and to any other
officials or institutions that the Ombudsman
deems proper.
Chapter 7
Implementation II
Article I: General Obligations
1. The Parties undertake to recreate, as quickly
as possible, normal conditions of life
in Kosovo and to co- operate fully with each
other and with all international
organizations, agencies, and non-governmental
organizations involved in the
implementation of this Agreement. They welcome
the willingness of the international
community to send to the region a force to
assist in the implementation of this
Agreement.
a. The United Nations Security Council is invited
to pass a resolution under Chapter
VII of the Charter endorsing and adopting
the arrangements set forth in this Chapter,
including the establishment of a multinational
military implementation force in Kosovo.
The Parties invite NATO to constitute and
lead a military force to help ensure
compliance with the provisions of this Chapter.
They also reaffirm the sovereignty and
territorial integrity of the Federal Republic
of Yugoslavia (FRY).
b. The Parties agree that NATO will establish
and deploy a force (hereinafter
"KFOR") which may be composed of ground, air,
and maritime units from NATO
and non-NATO nations, operating under the
authority and subject to the direction
and the political control of the North Atlantic
Council (NAC) through the NATO
chain of command. The Parties agree to facilitate
the deployment and operations of
this force and agree also to comply fully
with all the obligations of this Chapter.
c. It is agreed that other States may assist
in implementing this Chapter. The Parties
agree that the modalities of those States'
participation will be the subject of agreement
between such participating States and NATO.
2. The purposes of these obligations are as
follows:
a. to establish a durable cessation of hostilities.
Other than those Forces provided for
in this Chapter, under no circumstances shall
any armed Forces enter, reenter, or
remain within Kosovo without the prior express
consent of the KFOR Commander
(COMKFOR). For the purposes of this Chapter,
the term "Forces" includes all
personnel and organizations with military
capability, including regular army, armed
civilian groups, paramilitary groups, air
forces, national guards, border police, army
reserves, military police, intelligence services,
Ministry of Internal Affairs, Local,
Special, Riot and Anti-Terrorist Police, and
any other groups or individuals so
designated by COMKFOR. The only exception
to the provisions of this paragraph is
for civilian police engaged in hot pursuit
of a person suspected of committing a serious
criminal offense, as provided for in Chapter
2;
b. to provide for the support and authorization
of the KFOR and in particular to
authorize the KFOR to take such actions as
are required, including the use of
necessary force, to ensure compliance with
this Chapter and the protection of the
KFOR, Implementation Mission (IM), and other
international organizations, agencies,
and non- governmental organizations involved
in the implementation of this
Agreement, and to contribute to a secure environment;
c. to provide, at no cost, the use of all facilities
and services required for the
deployment, operations and support of the
KFOR.
3. The Parties understand and agree that the
obligations undertaken in this Chapter
shall apply equally to each Party. Each Party
shall be held individually responsible for
compliance with its obligations, and each
agrees that delay or failure to comply by one
Party shall not constitute cause for any other
Party to fail to carry out its own
obligations. All Parties shall be equally
subject to such enforcement action by the
KFOR as may be necessary to ensure implementation
of this Chapter in Kosovo and
the protection of the KFOR, IM, and other
international organizations, agencies, and
non- governmental organizations involved in
the implementation of this Agreement.
Article II: Cessation of Hostilities
1. The Parties shall, immediately upon entry
into force of this Agreement (EIF), refrain
from committing any hostile or provocative
acts of any type against each other or
against any person in Kosovo. They shall not
encourage or organize hostile or
provocative demonstrations.
2. In carrying out the obligations set forth
in paragraph 1, the Parties undertake in
particular to cease the firing of all weapons
and explosive devices except as
authorized by COMKFOR. They shall not place
any mines, barriers, unauthorized
checkpoints, observation posts (with the exception
of COMKFOR-approved border
observation posts and crossing points), or
protective obstacles. Except as provided in
Chapter 2, the Parties shall not engage in
any military, security, or training-related
activities, including ground, air, or air
defense operations, in or over Kosovo, without
the prior express approval of COMKFOR.
3. Except for Border Guard forces (as provided
for in Article IV), no Party shall have
Forces present within a 5 kilometer zone inward
from the international border of the
FRY that is also the border of Kosovo (hereinafter
"the Border Zone"). The Border
Zone will be marked on the ground by EIF +
14 days by VJ Border Guard personnel
in accordance with direction from IM. COMKFOR
may determine small scale
reconfigurations for operational reasons.
4. a. With the exception of civilian police
performing normal police duties as
determined by the CIM, no Party shall have
Forces present within 5 kilometers of the
Kosovo side of the boundary of Kosovo with
other parts of the FRY.
b. The presence of any Forces within 5 kilometers
of the other side of that boundary
shall be notified to COMKFOR; if, in the judgment
of COMKFOR, such presence
threatens or would threaten implementation
of this Chapter in Kosovo, he shall
contact the authorities responsible for the
Forces in question and may require those
Forces to withdraw from or remain outside
that area.
5. No Party shall conduct any reprisals, counter-attacks,
or any unilateral actions in
response to violations of this Chapter by
another Party. The Parties shall respond to
alleged violations of this Chapter through
the procedures provided in Article XI.
Article
III: Redeployment, Withdrawal, and Demilitarization of Forces
In order to disengage their Forces and to avoid
any further conflict, the Parties shall
immediately upon EIF begin to re-deploy, withdraw,
or demilitarize their Forces in
accordance with Articles IV, V, and VI.
Article IV: VJ Forces
1. VJ Army Units
a. By K-Day + 5 days, all VJ Army units in
Kosovo (with the exception of those
Forces specified in paragraph 2 of this Article)
shall have completed redeployment to
the approved cantonment sites listed at Appendix
A to this Chapter. The senior VJ
commander in Kosovo shall confirm in writing
to COMKFOR by K-Day + 5 days
that the VJ is in compliance and provide the
information required in Article VII below
to take account of withdrawals or other changes
made during the redeployment. This
information shall be updated weekly.
b. By K-Day + 30 days, the Chief of the VJ
General Staff, through the senior VJ
commander in Kosovo, shall provide for approval
by COMKFOR a detailed plan for
the phased withdrawal of VJ Forces from Kosovo
to other locations in Serbia to
ensure the following timelines are met:
1) By K-Day + 90 days, VJ authorities must,
to the satisfaction of COMKFOR,
withdraw from Kosovo to other locations in
Serbia 50% of men and materiel and all
designated offensive assets. Such assets are
taken to be: main battle tanks; all other
armored vehicles mounting weapons greater
than 12.7mm; and, all heavy weapons
(vehicle mounted or not) of over 82mm.
2) By K-Day + 180 days, all VJ Army personnel
and equipment (with the exception
of those Forces specified in paragraph 2 of
this Article) shall be withdrawn from
Kosovo to other locations in Serbia.
2. VJ Border Guard Forces
a. VJ Border Guard forces shall be permitted
but limited to a structure of 1500
members at pre- February 1998 Border Guard
Battalion facilities located in
Djakovica, Prizren, and Urosevac and subordinate
facilities within the 5 kilometer
Border Zone, or at a limited number of existing
facilities in the immediate proximity of
the Border Zone subject to the prior approval
of COMKFOR, with that number to
be reached by K-Day + 14 days. An additional
number of VJ personnel -- totaling no
more than 1000 C2 and logistics forces --
will be permitted to remain in the approved
cantonment sites listed at Appendix A to fulfill
brigade-level functions related only to
border security. After an initial 90 day period
from K- Day, COMKFOR may at any
time review the deployments of VJ personnel
and may require further adjustments to
force levels, with the objective of reaching
the minimum force structure required for
legitimate border security, as the security
situation and the conduct of the Parties
warrant.
b. VJ elements in Kosovo shall be limited to
weapons of 82mm and below. They shall
possess neither armored vehicles (other than
wheeled vehicles mounting weapons of
12.7mm or less) nor air defense weapons.
c. VJ Border Guard units shall be permitted
to patrol in Kosovo only within the
Border Zone and solely for the purpose of
defending the border against external
attack and maintaining its integrity by preventing
illicit border crossings. Geographic
terrain considerations may require Border
Guard maneuver inward of the Border
Zone; any such maneuver shall be coordinated
with and approved by COMKFOR.
d. With the exception of the Border Zone, VJ
units may travel through Kosovo only
to reach duty stations and garrisons in the
Border Zone or approved cantonment sites.
Such travel may only be along routes and in
accordance with procedures that have
been determined by COMKFOR after consultation
with the CIM, VJ unit
commanders, communal government authorities,
and police commanders. These
routes and procedures will be determined by
K-Day + 14 days, subject to re-
determination by COMKFOR at any time. VJ forces
in Kosovo but outside the
Border Zone shall be permitted to act only
in self-defense in response to a hostile act
pursuant to Rules of Engagement (ROE) which
will be approved by COMKFOR in
consultation with the CIM. When deployed in
the Border Zone, they will act in
accordance with ROE established under control
of COMKFOR.
e. VJ Border Guard forces may conduct training
activities only within the 5 kilometer
Border Zone, and only with the prior express
approval of COMKFOR.
3. Yugoslav Air and Air Defense Forces (YAADF)
All aircraft, radars, surface-to-air missiles
(including man-portable air defense systems
{MANPADS}) and anti-aircraft artillery in
Kosovo shall immediately upon EIF begin
withdrawing from Kosovo to other locations
in Serbia outside the 25 kilometer
Mutual Safety Zone as defined in Article X.
This withdrawal shall be completed and
reported by the senior VJ commander in Kosovo
to the appropriate NATO
commander not more than 10 days after EIF.
The appropriate NATO commander
shall control and coordinate use of airspace
over Kosovo commencing at EIF as
further specified in Article X. No air defense
systems, target tracking radars, or
anti-aircraft artillery shall be positioned
or operated within Kosovo or the 25
kilometer Mutual Safety Zone without the prior
express approval of the appropriate
NATO commander.
Article V: Other Forces
1. The actions of Forces in Kosovo other than
KFOR, VJ, MUP, or local police
forces provided for in Chapter 2 (hereinafter
referred to as "Other Forces") shall be in
accordance with this Article. Upon EIF, all
Other Forces in Kosovo must immediately
observe the provisions of Article I, paragraph
2, Article II, paragraph 1, and Article
III and in addition refrain from all hostile
intent, military training and formations,
organization of demonstrations, and any movement
in either direction or smuggling
across international borders or the boundary
between Kosovo and other parts of the
FRY. Furthermore, upon EIF, all Other Forces
in Kosovo must publicly commit
themselves to demilitarize on terms to be
determined by COMKFOR, renounce
violence, guarantee security of international
personnel, and respect the international
borders of the FRY and all terms of this Chapter.
2. Except as approved by COMKFOR, from K-Day,
all Other Forces in Kosovo
must not carry weapons:
a. within 1 kilometer of VJ and MUP cantonments
listed at Appendix A;
b. within 1 kilometer of the main roads as
follows:
1) Pec - Lapusnik - Pristina
2) border - Djakovica - Klina
3) border - Prizren - Suva Rika - Pristina
4) Djakovica - Orahovac - Lapusnik - Pristina
5) Pec - Djakovica - Prizren - Urosevac -
border
6) border - Urosevac - Pristina - Podujevo
- border
7) Pristina - Kosovska Mitrovica - border
8) Kosovka Mitrovica - (Rakos) - Pec
9) Pec - Border with Montenegro (through Pozaj)
10) Pristina - Lisica - border with Serbia
11) Pristina - Gnjilane - Urosevac
12) Gnjilane - Veliki Trnovac - border with
Serbia;
13) Prizren - Doganovic
c. within 1 kilometer of the Border Zone;
d. in any other areas designated by COMKFOR.
3. By K-Day + 5 days, all Other Forces must
abandon and close all fighting positions,
entrenchments, and checkpoints.
4. By K-Day + 5 days, all Other Forces' commanders
designated by COMKFOR
shall report completion of the above requirements
in the format at Article VII to
COMKFOR and continue to provide weekly detailed
status reports until
demilitarization is complete.
5. COMKFOR will establish procedures for demilitarization
and monitoring of Other
Forces in Kosovo and for the further regulation
of their activities. These procedures
will be established to facilitate a phased
demilitarization program as follows:
a. By K-Day + 5 days, all Other Forces shall
establish secure weapons storage sites,
which shall be registered with and verified
by the KFOR;
b. By K-Day + 30 days, all Other Forces shall
store all prohibited weapons (any
weapon 12.7mm or larger, any anti-tank or
anti-aircraft weapons, grenades, mines or
explosives) and automatic weapons in the registered
weapons storage sites. Other
Forces commanders shall confirm completion
of weapons storage to COMKFOR no
later than K-Day + 30 days;
c. By K-Day + 30 days, all Other Forces shall
cease wearing military uniforms and
insignia, and cease carrying prohibited weapons
and automatic weapons;
d. By K-Day + 90 days, authority for storage
sites shall pass to the KFOR. After this
date, it shall be illegal for Other Forces
to possess prohibited weapons and automatic
weapons, and such weapons shall be subject
to confiscation by the KFOR;
e. By K-Day + 120 days, demilitarization of
all Other Forces shall be completed.
6. By EIF + 30 days, subject to arrangements
by COMKFOR if necessary, all Other
Forces personnel who are not of local origin,
whether or not they are legally within
Kosovo, including individual advisors, freedom
fighters, trainers, volunteers, and
personnel from neighboring and other States,
shall be withdrawn from Kosovo.
ARTICLE VI: MUP
1. Ministry of Interior Police (MUP) is defined
as all police and public security units
and personnel under the control of Federal
or Republic authorities except for the
border police referred to in Chapter 2 and
police academy students and personnel at
the training school in Vucitrn referred to
in Chapter 2. The CIM, in consultation with
COMKFOR, shall have the discretion to exempt
any public security units from this
definition if he determines that it is in
the public interest (e.g. firefighters).
a. By K-Day + 5 days, all MUP units in Kosovo
(with the exception of the border
police referred to in Chapter 2) shall have
completed redeployment to the approved
cantonment sites listed at Appendix A to this
Chapter or to garrisons outside Kosovo.
The senior MUP commander in Kosovo or his
representative shall confirm in writing
by K-Day + 5 days to COMKFOR and the CIM that
the MUP is in compliance and
update the information required in Article
VII to take account of withdrawals or other
changes made during the redeployment. This
information shall be updated weekly.
Resumption of normal communal police patrolling
will be permitted under the
supervision and control of the IM and as specifically
approved by the CIM in
consultation with COMKFOR, and will be contingent
on compliance with the terms
of this Agreement.
b. Immediately upon EIF, the following withdrawals
shall begin:
1) By K-Day + 5 days, those MUP units not assigned
to Kosovo prior to 1 February
1998 shall withdraw all personnel and equipment
from Kosovo to other locations in
Serbia.
2) By K-Day + 20 days, all Special Police,
including PJP, SAJ, and JSO forces, and
their equipment shall be withdrawn from their
cantonment sites out of Kosovo to other
locations in Serbia. Additionally, all MUP
offensive assets (designated as armored
vehicles mounting weapons 12.7mm or larger,
and all heavy weapons {vehicle
mounted or not} of over 82mm) shall be withdrawn.
c. By K-Day + 30 days, the senior MUP commander
shall provide for approval by
COMKFOR, in consultation with the CIM, a detailed
plan for the phased drawdown
of the remainder of MUP forces. In the event
that COMKFOR, in consultation with
the CIM, does not approve the plan, he has
the authority to issue his own binding plan
for further MUP drawdowns. The CIM will decide
at the same time when the
remaining MUP units will wear new insignia.
In any case, the following time-table must
be met:
1) by K-Day + 60 days, 50% drawdown of the
remaining MUP units including
reservists. The CIM after consultations with
COMKFOR shall have the discretion to
extend this deadline for up to K-Day + 90
days if he judges there to be a risk of a law
enforcement vacuum;
2) by K-Day + 120 days, further drawdown to
2500 MUP. The CIM after
consultations with COMKFOR shall have the
discretion to extend this deadline for up
to K-Day + 180 days to meet operational needs;
3) transition to communal police force shall
begin as Kosovar police are trained and
able to assume their duties. The CIM shall
organize this transition between MUP and
communal police;
4) in any event, by EIF + one year, all Ministry
of Interior Civil Police shall be drawn
down to zero. The CIM shall have the discretion
to extend this deadline for up to an
additional 12 months to meet operational needs.
d. The 2500 MUP allowed by this Chapter and
referred to in Article V.1(a) of
Chapter 2 shall have authority only for civil
police functions and be under the
supervision and control of the CIM.
Article VII: Notifications
1. By K-Day + 5 days, the Parties shall furnish
the following specific information
regarding the status of all conventional military;
all police, including military police,
Department of Public Security Police, special
police; paramilitary; and all Other
Forces in Kosovo, and shall update the COMKFOR
weekly on changes in this
information:
a. location, disposition, and strengths of
all military and special police units referred to
above;
b. quantity and type of weaponry of 12.7 mm
and above, and ammunition for such
weaponry, including location of cantonments
and supply depots and storage sites;
c. positions and descriptions of any surface-to-air
missiles/launchers, including mobile
systems, anti-aircraft artillery, supporting
radars, and associated command and
control systems;
d. positions and descriptions of all mines,
unexploded ordnance, explosive devices,
demolitions, obstacles, booby traps, wire
entanglements, physical or military hazards
to the safe movement of any personnel in Kosovo,
weapons systems, vehicles, or any
other military equipment; and
e. any further information of a military or
security nature requested by the
COMKFOR.
Article VIII: Operations and Authority of the KFOR
1. Consistent with the general obligations
of Article I, the Parties understand and
agree that the KFOR will deploy and operate
without hindrance and with the authority
to take all necessary action to help ensure
compliance with this Chapter.
2. The Parties understand and agree that the
KFOR shall have the right:
a. to monitor and help ensure compliance by
all Parties with this Chapter and to
respond promptly to any violations and restore
compliance, using military force if
required. This includes necessary action to:
1) enforce VJ and MUP reductions; 2) enforce
demilitarization of Other Forces; 3)
enforce restrictions on all VJ, MUP and Other
Forces' activities, movement and
training in Kosovo;
b. to establish liaison arrangements with IM,
and support IM as appropriate;
c. to establish liaison arrangements with local
Kosovo authorities, with Other Forces,
and with FRY and Serbian civil and military
authorities;
d. to observe, monitor, and inspect any and
all facilities or activities in Kosovo,
including within the Border Zone, that the
COMKFOR believes has or may have
military capability, or are or may be associated
with the employment of military or
police capabilities, or are otherwise relevant
to compliance with this Chapter;
e. to require the Parties to mark and clear
minefields and obstacles and to monitor
their performance;
f. to require the Parties to participate in
the Joint Military Commission and its
subordinate military commissions as described
in Article XI.
3. The Parties understand and agree that the
KFOR shall have the right to fulfill its
supporting tasks, within the limits of its
assigned principal tasks, its capabilities, and
available resources, and as directed by the
NAC, which include the following:
a. to help create secure conditions for the
conduct by others of other tasks associated
with this Agreement, including free and fair
elections;
b. to assist the movement of organizations
in the accomplishment of humanitarian
missions;
c. to assist international agencies in fulfilling
their responsibilities in Kosovo;
d. to observe and prevent interference with
the movement of civilian populations,
refugees, and displaced persons, and to respond
appropriately to deliberate threat to
life and person.
4. The Parties understand and agree that further
directives from the NAC may
establish additional duties and responsibilities
for the KFOR in implementing this
Chapter.
5. KFOR operations shall be governed by the
following provisions:
a. KFOR and its personnel shall have the legal
status, rights, and obligations specified
in Appendix B to this Chapter;
b. The KFOR shall have the right to use all
necessary means to ensure its full ability to
communicate and shall have the right to the
unrestricted use of the entire
electromagnetic spectrum. In implementing
this right, the KFOR shall make
reasonable efforts to coordinate with the
appropriate authorities of the Parties;
c. The KFOR shall have the right to control
and regulate surface traffic throughout
Kosovo including the movement of the Forces
of the Parties. All military training
activities and movements in Kosovo must be
authorized in advance by COMKFOR;
d. The KFOR shall have complete and unimpeded
freedom of movement by ground,
air, and water into and throughout Kosovo.
It shall in Kosovo have the right to
bivouac, maneuver, billet, and utilize any
areas or facilities to carry out its
responsibilities as required for its support,
training, and operations, with such advance
notice as may be practicable. Neither the
KFOR nor any of its personnel shall be
liable for any damages to public or private
property that they may cause in the course
of duties related to the implementation of
this Chapter. Roadblocks, checkpoints, or
other impediments to KFOR freedom of movement
shall constitute a breach of this
Chapter and the violating Party shall be subject
to military action by the KFOR,
including the use of necessary force to ensure
compliance with this Chapter.
6. The Parties understand and agree that COMKFOR
shall have the authority,
without interference or permission of any
Party, to do all that he judges necessary and
proper, including the use of military force,
to protect the KFOR and the IM, and to
carry out the responsibilities listed in this
Chapter. The Parties shall comply in all
respects with KFOR instructions and requirements.
7. Notwithstanding any other provision of this
Chapter, the Parties understand and
agree that COMKFOR has the right and is authorized
to compel the removal,
withdrawal, or relocation of specific Forces
and weapons, and to order the cessation
of any activities whenever the COMKFOR determines
such Forces, weapons, or
activities to constitute a threat or potential
threat to either the KFOR or its mission, or
to another Party. Forces failing to redeploy,
withdraw, relocate, or to cease
threatening or potentially threatening activities
following such a demand by the KFOR
shall be subject to military action by the
KFOR, including the use of necessary force,
to ensure compliance, consistent with the
terms set forth in Article I, paragraph 3.
Article IX: Border Control
The Parties understand and agree that, until
other arrangements are established, and
subject to provisions of this Chapter and
Chapter 2, controls along the international
border of the FRY that is also the border
of Kosovo will be maintained by the existing
institutions normally assigned to such tasks,
subject to supervision by the KFOR and
the IM, which shall have the right to review
and approve all personnel and units, to
monitor their performance, and to remove and
replace any personnel for behavior
inconsistent with this Chapter.
Article X: Control of Air Movements
The appropriate NATO commander shall have sole
authority to establish rules and
procedures governing command and control of
the airspace over Kosovo as well as
within a 25 kilometer Mutual Safety Zone (MSZ).
This MSZ shall consist of FRY
airspace within 25 kilometers outward from
the boundary of Kosovo with other parts
of the FRY. This Chapter supersedes the NATO
Kosovo Verification Mission
Agreement of October 12, 1998 on any matter
or area in which they may contradict
each other. No military air traffic, fixed
or rotary wing, of any Party shall be permitted
to fly over Kosovo or in the MSZ without the
prior express approval of the
appropriate NATO commander. Violations of
any of the provisions above, including
the appropriate NATO commander's rules and
procedures governing the airspace
over Kosovo, as well as unauthorized flight
or activation of FRY Integrated Air
Defense (IADS) within the MSZ, shall be subject
to military action by the KFOR,
including the use of necessary force. The
KFOR shall have a liaison team at the FRY
Air Force HQ and a YAADF liaison shall be
established with the KFOR. The Parties
understand and agree that the appropriate
NATO commander may delegate control
of normal civilian air activities to appropriate
FRY institutions to monitor operations,
deconflict KFOR air traffic movements, and
ensure smooth and safe operation of the
air traffic system.
Article XI: Establishment of a Joint Military Commission
1. A Joint Military Commission (JMC) shall
be established with the deployment of the
KFOR to Kosovo.
2. The JMC shall be chaired by COMKFOR or his
representative and consist of the
following members:
a. the senior Yugoslav military commander of
the Forces of the FRY or his
representative;
b. the Ministers of Interior of the FRY and
Republic of Serbia or their representatives;
c. a senior military representative of all
Other Forces;
d. a representative of the IM;
e. other persons as COMKFOR shall determine,
including one or more
representatives of the Kosovo civilian leadership.
1. The JMC shall:
a. serve as the central body for all Parties
to address any military complaints,
questions, or problems that require resolution
by the COMKFOR, such as allegations
of cease-fire violations or other allegations
of non-compliance with this Chapter;
b. receive reports and make recommendations
for specific actions to COMKFOR to
ensure compliance by the Parties with the
provisions of this Chapter;
c. assist COMKFOR in determining and implementing
local transparency measures
between the Parties.
4. The JMC shall not include any persons publicly
indicted by the International
Criminal Tribunal for the Former Yugoslavia.
5. The JMC shall function as a consultative
body to advise COMKFOR. However,
all final decisions shall be made by COMKFOR
and shall be binding on the Parties.
6. The JMC shall meet at the call of COMKFOR.
Any Party may request
COMKFOR to convene a meeting.
7. The JMC shall establish subordinate military
commissions for the purpose of
providing assistance in carrying out the functions
described above. Such commissions
shall be at an appropriate level, as COMKFOR
shall direct. Composition of such
commissions shall be determined by COMKFOR.
Article XII: Prisoner Release
1. By EIF + 21 days, the Parties shall release
and transfer, in accordance with
international humanitarian standards, all
persons held in connection with the conflict
(hereinafter "prisoners"). In addition, the
Parties shall cooperate fully with the
International Committee of the Red Cross (ICRC)
to facilitate its work, in accordance
with its mandate, to implement and monitor
a plan for the release and transfer of
prisoners in accordance with the above deadline.
In preparation for compliance with
this requirement, the Parties shall:
a. grant the ICRC full access to all persons,
irrespective of their status, who are being
held by them in connection with the conflict,
for visits in accordance with the ICRC's
standard operating procedures;
b. provide to the ICRC any and all information
concerning prisoners, as requested by
the ICRC, by EIF + 14 days.
2. The Parties shall provide information, through
the tracing mechanisms of the ICRC,
to the families of all persons who are unaccounted
for. The Parties shall cooperate
fully with the ICRC in its efforts to determine
the identity, whereabouts, and fate of
those unaccounted for.
Article XIII: Cooperation
The Parties shall cooperate fully with all
entities involved in implementation of this
settlement, as described in the Framework
Agreement, or which are otherwise
authorized by the United Nations Security
Council, including the International Criminal
Tribunal for the former Yugoslavia.
Article XIV: Notification to Military Commands
Each Party shall ensure that the terms of this
Chapter and written orders requiring
compliance are immediately communicated to
all of its Forces.
Article XV: Final Authority to Interpret
1. Subject to paragraph 2, the KFOR Commander
is the final authority in theater
regarding interpretation of this Chapter and
his determinations are binding on all
Parties and persons.
2. The CIM is the final authority in theater
regarding interpretation of the references in
this Chapter to his functions (directing the
VJ Border Guards under Article II,
paragraph 3; his functions concerning the
MUP under Article VI) and his
determinations are binding on all Parties
and persons.
Article XVI: K-Day
The date of activation of KFOR -- to be known
as K-Day -- shall be determined by
NATO.
Appendices:
A. Approved VJ/MUP Cantonment Sites
B. Status of Multi-National Military Implementation
Force
Appendix A: Approved VJ/MUP Cantonment Sites
1. There are 13 approved cantonment sites in
Kosovo for all VJ units, weapons,
equipment, and ammunition. Movement to cantonment
sites, and subsequent
withdrawal from Kosovo, will occur in accordance
with this Chapter. As the phased
withdrawal of VJ units progresses along the
timeline as specified in this Chapter,
COMKFOR will close selected cantonment sites.
2. Initial approved VJ cantonment sites:
a) Pristina SW
423913N0210819E
b) Pristina Airfield
423412N0210040E
c) Vuctrin North
424936N0205755E
d) Kosovska Mitrovica
425315N0205227E
e) Gnjilane NE
422807N0212845E
f) Urosevac
422233N0210753E
g) Prizren
421315N0204504E
h) Djakovica SW
422212N0202530E
i) Pec
423910N0201728E
j) Pristina Explosive Storage Fac
423636N0211225E
k) Pristina Ammo Depot SW
423518N0205923E
l) Pristina Ammo Depot 510
424211N0211056E
m) Pristina Headquarters facility
423938N0210934E
3. Within each cantonment site, VJ units are
required to canton all heavy weapons
and vehicles outside of storage facilities.
4. After EIF + 180 days, the remaining 2500
VJ forces dedicated to border security
functions provided for in this Agreement will
be garrisoned and cantoned at the
following locations: Djakovica, Prizren, and
Ursoevac; subordinate border posts
within the Border Zone; a limited number of
existing facilities in the immediate
proximity of the Border Zone subject to the
prior approval of COMKFOR; and
headquarters/C2 and logistic support facilities
in Pristina.
5. There are 37 approved cantonment sites for
all MUP and Special Police force units
in Kosovo. There are seven (7) approved regional
SUPs. Each of the 37 approved
cantonment sites will fall under the administrative
control of one of the regional SUPs.
Movement to cantonment sites, and subsequent
withdrawal of MUP from Kosovo,
will occur in accordance with this Chapter.
6. Approved MUP regional SUPs and cantonment
sites:
a) Kosovska Mitrovica SUP
425300N0205200E
1) Kosovska Mitrovica (2 locations)
2) Leposavic
3) Srbica
4) Vucitrn
5) Zubin Potok
b) Pristina SUP
424000N0211000E
1) Pristina (6 locations)
2) Glogovac
3) Kosovo Polje
4) Lipjan
5) Obilic
6) Podujevo
c) Pec SUP
423900N0201800E
1) Pec (2 locations)
2) Klina
3) Istok
4) Malisevo
d) Djakovica SUP
422300N0202600E
1) Djakovica (2 locations)
2) Decani
e) Urosevac SUP
422200N0211000E
1) Urosevac (2 locations)
2) Stimlje
3) Strpce
4) Kacanik
f) Gnjilane SUP
422800N0212900E
1) Gnjilane (2 locations)
2) Kamenica
3) Vitina
4) Kosovska
5) Novo Brdo
g) Prizren SUP
421300N0204500E
1) Prizren (2 locations)
2) Orahovac
3) Suva Reka
4) Gora
7. Within each cantonment site, MUP units are
required to canton all vehicles above 6
tons, including APCs and BOVs, and all heavy
weapons outside of storage facilities.
8. KFOR will have the exclusive right to inspect
any cantonment site or any other
location, at any time, without interference
from any Party.
Appendix B: Status
of Multi-National Military Implementation Force
1. For the purposes of this Appendix, the following
expressions shall have the
meanings hereunder assigned to them:
a. "NATO" means the North Atlantic Treaty Organization
(NATO), its subsidiary
bodies, its military Headquarters, the NATO-led
KFOR, and any elements/units
forming any part of KFOR or supporting KFOR,
whether or not they are from a
NATO member country and whether or not they
are under NATO or national
command and control, when acting in furtherance
of this Agreement.
b. "Authorities in the FRY" means appropriate
authorities, whether Federal, Republic,
Kosovo or other.
c. "NATO personnel" means the military, civilian,
and contractor personnel assigned
or attached to or employed by NATO, including
the military, civilian, and contractor
personnel from non-NATO states participating
in the Operation, with the exception of
personnel locally hired.
d. "the Operation" means the support, implementation,
preparation, and participation
by NATO and NATO personnel in furtherance
of this Chapter.
e. "Military Headquarters" means any entity,
whatever its denomination, consisting of
or constituted in part by NATO military personnel
established in order to fulfill the
Operation.
f. "Authorities" means the appropriate responsible
individual, agency, or organization
of the Parties.
g. "Contractor personnel" means the technical
experts or functional specialists whose
services are required by NATO and who are
in the territory of the FRY exclusively to
serve NATO either in an advisory capacity
in technical matters, or for the setting up,
operation, or maintenance of equipment, unless
they are:
(1) nationals of the FRY; or
(2) persons ordinarily resident in the FRY.
h. "Official use" means any use of goods purchased,
or of the services received and
intended for the performance of any function
as required by the operation of the
Headquarters.
i. "Facilities" means all buildings, structures,
premises, and land required for
conducting the operational, training, and
administrative activities by NATO for the
Operation as well as for accommodation of
NATO personnel.
2. Without prejudice to their privileges and
immunities under this Appendix, all NATO
personnel shall respect the laws applicable
in the FRY, whether Federal, Republic,
Kosovo, or other, insofar as compliance with
those laws is compatible with the
entrusted tasks/mandate and shall refrain
from activities not compatible with the nature
of the Operation.
3. The Parties recognize the need for expeditious
departure and entry procedures for
NATO personnel. Such personnel shall be exempt
from passport and visa regulations
and the registration requirements applicable
to aliens. At all entry and exit points
to/from the FRY, NATO personnel shall be permitted
to enter/exit the FRY on
production of a national identification (ID)
card. NATO personnel shall carry
identification which they may be requested
to produce for the authorities in the FRY,
but operations, training, and movement shall
not be allowed to be impeded or delayed
by such requests.
4. NATO military personnel shall normally wear
uniforms, and NATO personnel may
possess and carry arms if authorized to do
so by their orders. The Parties shall accept
as valid, without tax or fee, drivers' licenses
and permits issued to NATO personnel
by their respective national authorities.
5. NATO shall be permitted to display the NATO
flag and/or national flags of its
constituent national elements/units on any
NATO uniform, means of transport, or
facility.
6. a. NATO shall be immune from all legal process,
whether civil, administrative, or
criminal.
b. NATO personnel, under all circumstances
and at all times, shall be immune from
the Parties' jurisdiction in respect of any
civil, administrative, criminal, or disciplinary
offenses which may be committed by them in
the FRY. The Parties shall assist States
participating in the Operation in the exercise
of their jurisdiction over their own
nationals.
c. Notwithstanding the above, and with the
NATO Commander's express agreement
in each case, the authorities in the FRY may
exceptionally exercise jurisdiction in such
matters, but only in respect of Contractor
personnel who are not subject to the
jurisdiction of their nation of citizenship.
7. NATO personnel shall be immune from any
form of arrest, investigation, or
detention by the authorities in the FRY. NATO
personnel erroneously arrested or
detained shall immediately be turned over
to NATO authorities.
8. NATO personnel shall enjoy, together with
their vehicles, vessels, aircraft, and
equipment, free and unrestricted passage and
unimpeded access throughout the FRY
including associated airspace and territorial
waters. This shall include, but not be
limited to, the right of bivouac, maneuver,
billet, and utilization of any areas or facilities
as required for support, training, and operations.
9. NATO shall be exempt from duties, taxes,
and other charges and inspections and
custom regulations including providing inventories
or other routine customs
documentation, for personnel, vehicles, vessels,
aircraft, equipment, supplies, and
provisions entering, exiting, or transiting
the territory of the FRY in support of the
Operation.
10. The authorities in the FRY shall facilitate,
on a priority basis and with all
appropriate means, all movement of personnel,
vehicles, vessels, aircraft, equipment,
or supplies, through or in the airspace, ports,
airports, or roads used. No charges may
be assessed against NATO for air navigation,
landing, or takeoff of aircraft, whether
government-owned or chartered. Similarly,
no duties, dues, tolls or charges may be
assessed against NATO ships, whether government-owned
or chartered, for the mere
entry and exit of ports. Vehicles, vessels,
and aircraft used in support of the Operation
shall not be subject to licensing or registration
requirements, nor commercial
insurance.
11. NATO is granted the use of airports, roads,
rails, and ports without payment of
fees, duties, dues, tolls, or charges occasioned
by mere use. NATO shall not,
however, claim exemption from reasonable charges
for specific services requested
and received, but operations/movement and
access shall not be allowed to be
impeded pending payment for such services.
12. NATO personnel shall be exempt from taxation
by the Parties on the salaries and
emoluments received from NATO and on any income
received from outside the
FRY.
13. NATO personnel and their tangible moveable
property imported into, acquired in,
or exported from the FRY shall be exempt from
all duties, taxes, and other charges
and inspections and custom regulations.
14. NATO shall be allowed to import and to
export, free of duty, taxes and other
charges, such equipment, provisions, and supplies
as NATO shall require for the
Operation, provided such goods are for the
official use of NATO or for sale to
NATO personnel. Goods sold shall be solely
for the use of NATO personnel and not
transferable to unauthorized persons.
15. The Parties recognize that the use of communications
channels is necessary for the
Operation. NATO shall be allowed to operate
its own internal mail services. The
Parties shall, upon simple request, grant
all telecommunications services, including
broadcast services, needed for the Operation,
as determined by NATO. This shall
include the right to utilize such means and
services as required to assure full ability to
communicate, and the right to use all of the
electro-magnetic spectrum for this
purpose, free of cost. In implementing this
right, NATO shall make every reasonable
effort to coordinate with and take into account
the needs and requirements of
appropriate authorities in the FRY.
16. The Parties shall provide, free of cost,
such public facilities as NATO shall require
to prepare for and execute the Operation.
The Parties shall assist NATO in obtaining,
at the lowest rate, the necessary utilities,
such as electricity, water, gas and other
resources, as NATO shall require for the Operation.
17. NATO and NATO personnel shall be immune
from claims of any sort which arise
out of activities in pursuance of the Operation;
however, NATO will entertain claims
on an ex gratia basis.
18. NATO shall be allowed to contract directly
for the acquisition of goods, services,
and construction from any source within and
outside the FRY. Such contracts, goods,
services, and construction shall not be subject
to the payment of duties, taxes, or
other charges. NATO may also carry out construction
works with their own
personnel.
19. Commercial undertakings operating in the
FRY only in the service of NATO shall
be exempt from local laws and regulations
with respect to the terms and conditions of
their employment and licensing and registration
of employees, businesses, and
corporations.
20. NATO may hire local personnel who on an
individual basis shall remain subject to
local laws and regulations with the exception
of labor/employment laws. However,
local personnel hired by NATO shall:
a. be immune
from legal process in respect of words
spoken or written and all acts performed by
them in
their official capacity;
b. be immune from national services and/or national
military service obligations;
c. be subject only to employment terms and
conditions established by NATO; and
d. be exempt from taxation on the salaries and
emoluments paid to them by NATO.
21. In carrying out its authorities under this
Chapter, NATO is authorized to detain
individuals and, as quickly as possible, turn
them over to appropriate officials.
22. NATO may, in the conduct of the Operation,
have need to make improvements
or modifications to certain infrastructure
in the FRY, such as roads, bridges, tunnels,
buildings, and utility systems. Any such improvements
or modifications of a
non-temporary nature shall become part of
and in the same ownership as that
infrastructure. Temporary improvements or
modifications may be removed at the
discretion of the NATO Commander, and the
infrastructure returned to as near its
original condition as possible, fair wear
and tear excepted.
23. Failing any prior settlement, disputes
with the regard to the interpretation or
application of this Appendix shall be settled
between NATO and the appropriate
authorities in the FRY.
24. Supplementary arrangements with any of
the Parties may be concluded to
facilitate any details connected with the
Operation.
25. The provisions of this Appendix shall remain
in force until completion of the
Operation or as the Parties and NATO otherwise
agree.
Chapter 8
Amendment, Comprehensive Assessment, and Final Clauses
Article I: Amendment and Comprehensive Assessment
1. Amendments to this Agreement shall be adopted
by agreement of all the Parties,
except as otherwise provided by Article X
of Chapter 1.
2. Each Party may propose amendments at any
time and will consider and consult
with the other Parties with regard to proposed
amendments.
3. Three years after the entry into force of
this Agreement, an international meeting
shall be convened to determine a mechanism
for a final settlement for Kosovo, on the
basis of the will of the people, opinions
of relevant authorities, each Party's efforts
regarding the implementation of this Agreement,
and the Helsinki Final Act, and to
undertake a comprehensive assessment of the
implementation of this Agreement and
to consider proposals by any Party for additional
measures.
Article II: Final Clauses
1. This Agreement is signed in the English
language. After signature of this Agreement,
translations will be made into Serbian, Albanian,
and other languages of the national
communities of Kosovo, and attached to the
English text.
2. This Agreement shall enter into force upon
signature.
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