The Rambouillet Accords
Interim Agreement for Peace and Self-Government in Kosovo
February 23, 1999
Article II: Confidence-Building Measures
Chapter 1: Constitution
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
XI: Entry into Force
Chapter 2: Police
and Civil Public Security
I: General Principles
Article II: Communal Police
Article III: Interim Police
Article IV: Criminal Justice
Article V: Police Operations
Article VI: Security
on International Borders
Article VII: Arrest and Detention
Article VIII: Administration
Final Authority to Interpret
Chapter 3: Conduct
and Supervision of Elections
I: Conditions for Elections
Article II: Role of the OSCE
III: Central Election Commission
4b: Humanitarian Assistance, Reconstruction and Economic Development
Chapter 5: Implementation
Article II: Responsibilities
Article III: Status
of Implementation Mission
Article IV: Process of Implementation
V: Authority to Interpret
Chapter 6: Ombudsman
Article II: Jurisdiction
III: Powers and Duties
Chapter 7: Implementation
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
Operations and Authority of the KFOR
Article IX: Border Control
Article X: Control of Air Movement
XI: Establishment of a Joint Military Commission
Article XII: Prisoner Release
Article XIII: Cooperation
Article XIV: Notification
to Military Command
Article XV: Final Authority
Article XVI: K-Day
A: Approved VJ/MUP Cantonment Sites
B: Status of Multi-National Military Implementation Force
Chapter 8: Amendment,
Comprehensive Assessment, and Final Clauses
I: Amendment and Comprehensive Assessment
II: Final Clauses
Interim Agreement for
Peace and Self-Government
February, 23 1999
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
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:
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.
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.
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.
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
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
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.
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.
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,
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.
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
(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.
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
(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
(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.
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
(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.
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
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
(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.
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
(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
(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
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
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
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
(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
8. The Constitutional Court shall have such other jurisdiction as may be specified
elsewhere in this Agreement or by law.
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.
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.
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
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,
(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
(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;
(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
(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;
(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.
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
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
(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.
1. Citizens in Kosovo
shall have the right to participate in the election of:
(a) At least 10 deputies in the House of Citizens of the Federal Assembly; and
(b) At least 20 deputies in the National Assembly of the Republic of Serbia.
2. The modalities of elections for the deputies specified in paragraph 1 shall
be determined by the Federal Republic of Yugoslavia and the Republic of Serbia
respectively, under procedures to be agreed with the Chief of the Implementation
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;
(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.
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.
XI: Entry into Force
This Constitution shall enter into force upon signature of this Agreement.
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
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
(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
(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;
(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.
II: Communal Police
1. As they build up, Communal police units, organized and stationed at the communal
and municipal levels, shall assume primary responsibility for law enforcement
in Kosovo. The specific responsibilities of the communal police will include police
patrols and crime prevention, criminal investigations, arrest and detention of
criminal suspects, crowd control, and traffic control.
2. Number and Composition. The total number of communal police established
by this Agreement operating within Kosovo shall not exceed 3,000 active duty law
enforcement officers. However, the CIM shall have the authority to increase or
decrease this personnel 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
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
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
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
(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
III: Interim Police Academy
1. Under the supervision of the IM, the CJA shall establish an interim Police
Academy that will offer mandatory and professional development training for all
public security personnel, including border police. Until the interim police academy
is established, IM will oversee a temporary training program for public security
personnel including border police.
2. All public security personnel shall be required to complete a course of police
studies successfully before serving as communal police officers.
3. The Academy shall be headed by a Director appointed and removed by the CJA
in consultation with the Kosovo Criminal Justice Commission and the IM. The Director
shall consult closely with the IM and comply fully with its recommendations and
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.
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
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
(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.
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
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.
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.
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.
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
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.
and Supervision of Elections
Article I: Conditions
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,
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.
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.
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
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
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
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.
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
II1. 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.
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.
Article I: Institutions
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.
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
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
2. The CIM shall also carry out other responsibilities set forth in this Agreement
or as may he later agreed.
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
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
IV: Process of Implementation
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
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.
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
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
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.
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.
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.
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
(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.
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
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.
III: Redeployment, Withdrawal, and Demilitarization of Forces
In order to disengage
their Forces and to avoid any further conflict, the Parties shall immediately
upon EIF begin to re-deploy, withdraw, or demilitarize their Forces in accordance
with Articles IV, V, and VI.
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.
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
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
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.
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
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
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
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.
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
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.
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
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
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,
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.
X: Control of Air Movements
NATO commander shall have sole authority to establish-rules and procedures governing
command and control of the airspace over Kosovo as well as within a 25 kilometer
Mutual Safety Zone (MSZ). This MSZ shall consist of FRY airspace within 25 kilometers
outward from the boundary of Kosovo with other parts of the FRY. This Chapter
supersedes the NATO Kosovo Verification Mission Agreement of October 12, 1998
on any matter or area in which they may contradict each other. No military air
traffic, fixed or rotary wing, of any Party shall be permitted to fly over Kosovo
or in the MSZ without the prior express approval of the appropriate NATO commander.
violations of any of the provisions above, including the appropriate NATO commander's
rules and procedures governing the airspace over Kosovo, as well as unauthorized
flight or activation of FRY Integrated Air Defense (IADS) within the MSZ, shall
be subject to military action by the KFOR, including the use of necessary force.
The KFOR shall have a liaison team at the FRY Air Force HQ and a YAADF liaison
shall be established with the KFOR. The Parties understand and agree that the
appropriate NATO commander may delegate control of normal civilian air activities
to appropriate FRY institutions to monitor operations, deconflict KFOR air traffic
movements, and ensure smooth and safe operation of the air traffic system.
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
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.
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.
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.
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.
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.
The date of activation of KFOR -- to be known as K-Day -- shall be determined
A. Approved VJ/MUP Cantonment Sites
B. Status of Multi-National Military Implementation Force
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
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.
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
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
6. a. NATO shall be immune from all legal process, whether civil, administrative,
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
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
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
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.
Amendment, Comprehensive Assessment, and Final Clauses
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 the European Union
For the Russian Federation
For the United States of America