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February 23, 1999
Kosovo Interim Agreement

CONTENTS

Framework
Article I: Principles
Article II: Confidence-Building Measures

Chapter 1: Constitution
Article I: Principles of Democratic Self-Government in Kosovo
Article II: The Assembly
Article III: President of Kosovo
Article IV: Government and Administrative Organs
Article V: Judiciary
Article VI: Human Rights and Fundamental Freedoms
Article VII: National Communities
Article VIII: Communes
Article IX: Representation
Article X: Amendment
Article XI: Entry into Force

Chapter 2: Police and Civil Public Security
Article I: General Principles
Article II: Communal Police
Article III: Interim Police Academy
Article IV: Criminal Justice Commission
Article V: Police Operations in Kosovo
Article VI: Security on International Borders
Article VII: Arrest and Detention
Article VIII: Administration of Justice
Article IX: Final Authority to Interpret

Chapter 3: Conduct and Supervision of Elections
Article I: Conditions for Elections
Article II: Role of the OSCE
Article III: Central Election Commission

Chapter 4a: Economic Issues
Article I
Article II

Chapter 4b: Humanitarian Assistance, Reconstruction and Economic Development

Chapter 5: Implementation I
Article I: Institutions
Article II: Responsibilities and Powers
Article III: Status of Implementation Mission
Article IV: Process of Implementation
Article V: Authority to Interpret

Chapter 6: Ombudsman
Article I: General
Article II: Jurisdiction
Article III: Powers and Duties

Chapter 7: Implementation II
Article I: General Obligations
Article II: Cessation of Hostilities
Article III: Redeployment, Withdrawal, and Demilitarization of Forces
Article IV: VJ Forces
Article V: Other Forces
Article VI: MUP
Article VII: Notification
Article VIII: Operations and Authority of the KFOR
Article IX: Border Control
Article X: Control of Air Movement
Article XI: Establishment of a Joint Military Commission
Article XII: Prisoner Release
Article XIII: Cooperation
Article XIV: Notification to Military Command
Article XV: Final Authority to Interpret
Article XVI: K-Day

Appendices
Appendix A: Approved VJ/MUP Cantonment Sites
Appendix B: Status of Multi-National Military Implementation Force

Chapter 8: Amendment, Comprehensive Assessment, and Final Clauses
Article I: Amendment and Comprehensive Assessment
Article II: Final Clauses



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

(1) 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

l. 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

l. 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 coiling 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

l. 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 MTJP 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 he 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 4a

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 4b

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 he 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

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

officials 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 IIKFORII) 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 COMKFOP,. 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: Redeplovment, 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

vi 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 Vi 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 S 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 13 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 provisions 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 (IAE)S) 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 423913NO210819E

b) Pristina Airfield 423412NO210040E

c) Vuctrin North 424936NO20575SE

d) Kosovska Mitrovica 425315NO2OS227E

e) Gnjilane NE 422807NO21284SE

f) Urosevac 422233NO2107S3E

g) Prizren 421315NO204SO4E

h) Djakovica SW 422212NO202530E

i) Pec 4239ION020172SE

j) Pristina Explosive Storage Fac 423636NO211225E

k) Pristina Ammo Depot SW 423518NO205923E

l) Pristina Ammo Depot 510 424211NO211056E

m) Pristina Headquarters facility 423938NO210934E

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 42530ON0205200E

1) Kosovska Mitrovica (2 locations)

2) Leposavic

3) Srbica

4) Vucitrn

5) Zubin Potok

b) Pristina SUP 42400ON0211000E

1) Pristina (6 locations)

2) Glogovac

3) Kosovo Polje

4) Lipjan

5) Obilic

6) Podujevo

c) Pec SUP 42390ON0201600E

1) Pec (2 locations)

2) Klina

3) Istok

4) Malisevo

d) Djakovica SUP 42230ON0202600E

1) Djakovica (2 locations)

2) Decani

e) Urosevac SUP 42220ON0211000E

1) Urosevac (2 locations)

2) Stimlje

3) Strpce

4) Kacanik

f) Gnjilane SUP 42280ON0212900E

1) Gnjilane (2 locations)

2) Kamenica

3) Vitina

4) Kosovska

5) Novo Brdo

g) Prizren SUP 42130ON0204500E

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

electromagnetic 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.

[signature lines]

 

For the Federal Republic of Yugoslavia

 

For the Republic of Serbia

 

For Kosovo

 

Witnessed by:

 

For the European Union

 

For the Russian Federation

 

For the United States of America

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