REGULATION NO. 2000/42

UNMIK/REG/2000/42

10 July 2000

 

 

ON THE ESTABLISHMENT AND FUNCTIONING OF LIAISON OFFICES IN KOSOVO

 

 

The Special Representative of the Secretary-General,

 

Pursuant to the authority given to him under United Nations Security Council resolution 1244 (1999) of 10 June 1999,

 

Taking into account United Nations Interim Administration Mission in Kosovo (UNMIK) Regulation No. 1999/1 of 25 July 1999, as amended, on the Authority of the Interim Administration in Kosovo,

 

For the purpose of facilitating contacts between the international civil and security presences in Kosovo and governments that contribute to the fulfillment of the mandate given to these presences under the resolution,

 

Hereby promulgates the following:

 

 

Section 1

Definitions

 

1.1       “Liaison Offices” means liaison offices of foreign governments in Kosovo which contribute to the fulfillment of the mandate given to the civil and security presences under the resolution.

 

1.2       “Personnel” means personnel assigned by foreign governments to serve with Liaison Offices to contribute to the fulfillment of the mandate given to the civil and security presences under the resolution.   Such personnel, whose names shall be communicated to the Special Representative of the Secretary-General, do not include locally-recruited personnel.

 

 

Section 2

Privileges and Immunities of Liaison Offices and their Personnel

 

2.1       Liaison Offices and their personnel shall enjoy privileges and immunities as are provided for in this Regulation.

 

2.2       Liaison Offices may perform the following functions:

 

(a)        Conducting the relations of the Government concerned with the international civil presence and with the international security presence, and with interim institutions as established by the international civil presence in order to contribute to the fulfillment of the mandate given to the international civil and security presences under the resolution;

 

(b)        Protecting in Kosovo the interests of the Government concerned and of its nationals, including corporate entities, within the limits permitted by international law; and

 

(c)        Performing any other functions entrusted to the Liaison Office by the Government concerned which are not prohibited by the applicable law in Kosovo and to which no objection is taken by the relevant authorities in Kosovo.

 

2.3       The premises of the Liaison Offices shall be inviolable.  The property and assets of the Liaison Offices shall be immune from search, requisition, attachment or execution and any form of interference, whether by executive, administrative, judicial or legislative action.

 

2.4       The private residences and property of all personnel shall be inviolable.

 

2.5       The archives of the Liaison Offices and all documents belonging to it or held by it, shall be inviolable.

 

2.6       The premises of a Liaison Office shall not be used in any manner incompatible with the functions of such Office.

 

2.7       Personnel shall enjoy the following privileges and immunities:

 

(a)       Immunity from personal arrest or detention and from seizure of their personal baggage;

 

(b)       Immunity from local criminal, civil and administrative jurisdiction of the territory of Kosovo;

 

(c)       Inviolability for all papers and documents;

 

(d)       For the purposes of communications with their governments the right to use codes and to receive papers or correspondence by courier or in sealed bags;

 

(e)       Exemption from taxation on the salaries and emoluments paid to them by their respective government as well as from all dues and taxes, personal or real;

 

(f)        Right to import, free of duty or other restrictions, equipment, provisions, supplies and other goods which are for the exclusive and official use of the Liaison Offices and their personnel; and

 

(g)       Freedom of movement throughout Kosovo and entry in and exit out of Kosovo, including for the property, supplies and goods of the Liaison Offices.

 

2.8       Members of the personnel of a Liaison Office entitled to privileges and immunities shall enjoy such privileges and immunities in Kosovo from the moment he or she enters the territory of Kosovo on proceeding to take up his or her appointment or, if already in Kosovo, from the moment his or her appointment is notified to the Special Representative of the Secretary-General.  When the functions of such personnel come to an end the privileges and immunities shall cease upon departure from Kosovo, which departure shall be within 30 days of ceasing to discharge official functions.  However, with respect to acts performed by such personnel in the exercise of their functions immunity shall continue to subsist.

 

2.9       The Special Representative of the Secretary-General shall provide personnel of Liaison Offices with special identity cards.

 

 

Section 3

Request for Recall

 

If the Special Representative of the Secretary-General has reasonable grounds to believe that a member of the personnel of a Liaison Office entitled to privileges and immunities under the present regulation is performing functions other than those set out in section 2.2 above or is undertaking activities which are detrimental to the mandate of the international civil and security presences under Security Council resolution 1244 (1999) of 10 June 1999, he may request in a notification to the Government concerned that the member of the personnel of the Liaison Office be recalled within a specific period of time. If the person has not been recalled by the specified date, the person concerned shall not be recognized as a member of the personnel of the Liaison Office.

 

 

Section 4

Locally-recruited Personnel

 

Locally-recruited personnel of the Liaison Offices shall be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity.  This immunity from legal process shall continue to be accorded notwithstanding that the persons concerned are no longer employed by the Government concerned.

 

 

Section 5

Respect for Local Laws and Regulations

 

Personnel and locally-recruited personnel shall respect the laws applicable in Kosovo.

 

 

Section 6

Flag and Emblem

 

The Liaison Offices and the heads of such Offices shall have the right to use their national flag and emblem on the premises of the Liaison Offices, including the residence of the head of the Office, and his or her means of transport.

 

 

Section 7

Entry into force

 

The present regulation shall be deemed to have entered into force as of 10 June 1999.

 

 

 

Bernard Kouchner

Special Representative of the Secretary-General