REGULATION NO.  2000/44

UNMIK/REG/2000/44

10 August 2000

 

 

ON THE PRIVILEGES AND IMMUNITIES OF THE WORLD BANK GROUP AND ITS OFFICIALS 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,

 

Recalling paragraph 13 of the resolution whereby the Security Council encouraged Member States and international organizations, inter alia, to contribute to the economic and social reconstruction in Kosovo,

 

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 implementing the Agreement between the World Bank Group and UNMIK on the Privileges, Immunities and Exemptions of the World Bank Group in Kosovo of 4 May 2000,

 

Hereby promulgates the following:

 

 

Section 1

Definitions

 

For the purpose of the present regulation:

 

"The World Bank Group (WBG)" refers to the International Bank for Reconstruction and Development (IBRD), the International Development Association (IDA), the International Finance Corporation (IFC) and the Multilateral Investment Guarantee Agency (MIGA);

 

"An organization of the WBG" refers to any one of, the International Bank for Reconstruction and Development (IBRD), the International Development Association (IDA), the International Finance Corporation (IFC) and the Multilateral Investment Guarantee Agency (MIGA); and

 

"Officials of the WBG and/or of an organization of the WBG" refers to all governors, executive directors, alternates, officers and employees serving with the WBG and/or an organization of the WBG in Kosovo.

 

 


Section 2

Scope of Privileges and Immunities

 

Without prejudice to any existing privileges and immunities and exemptions under international law and applicable conventions, in their activities in Kosovo, the IBRD, IDA, IFC and MIGA, and their officials, shall enjoy privileges, immunities and exemptions equivalent to those specified in their constituent instruments, namely, Article VII of IBRD's Articles of Agreement, Article VIII of IDA's Articles of Agreement, Article VI of IFC's Article of Agreement and Chapter VII of MIGA's Convention, respectively.

 

 

Section 3

Field Offices of an Organization of the WBG

 

Each field office of an organization of the WBG shall be inviolable and subject to the authority and control of the head of the office in question. At the request of the head of the field office of an organization of the WBG, UNMIK shall provide security assistance within its resources and ability.

 

 

Section 4

Correspondence and Other Official Communications

 

No censorship shall be applied to the official correspondence and other official communications with the field office of an organization of the WBG. The field office shall have the right to use codes and to dispatch and receive correspondence by courier or in sealed bags, which shall have the same privileges and immunities as diplomatic courier and bags. If the field office so requests, UNMIK shall, at no cost to the field office, provide the necessary permits, licenses or other authorizations to enable the field office to connect to, and to utilize fully, the private telecommunications network of the organization of the WBG in question.

 

 

Section 5

Assets, Income and Other Property

 

Each organization of the WBG, its assets, income and other property shall be:

 

(a)    Exempt from prohibitions and restrictions on imports and exports in respect of articles imported or exported by the organization of the WBG in question for its official use to or from Kosovo. Articles imported under such exemption shall not be sold in Kosovo except under conditions agreed with UNMIK; and

 

(b)   Exempt from prohibitions and restrictions on imports and exports in respect of its publications.

 

 


Section 6

Officials of an Organization of the WBG

 

6.1       The officials of an organization of the WBG, serving in the field office, shall enjoy privileges, immunities and exemptions not less favourable than those accorded to officials of comparable rank of other international organizations in Kosovo, including repatriation facilities in time of crisis, immunity from immigration restrictions and alien registration, and exemptions from taxation and mandatory charges such as social security.

 

6.2       In addition to the privileges, immunities and exemptions enjoyed by all other officials, the head of the field office of an organization of the WBG, including any official acting on behalf of the head of a field office during the latter's absence from duty, shall enjoy the privileges, immunities and exemptions enjoyed by diplomatic envoys in accordance with international law.

 

6.3       The President of the WBG, and officials of an organization of the WBG serving in the field office, shall cooperate at all times with UNMIK to facilitate the proper administration of justice, secure the observance of police regulations and prevent the occurrence of any abuse in connection with the relevant privileges and immunities and exemptions.

 

6.4       The officials of an organization of the WBG, serving with a field office, shall be provided by UNMIK with an identity card certifying that they are officials of that organization of the WBG and they are entitled to the privileges, immunities and exemptions provided for or referred to in this regulation.

 

 

Section 7

Waiver of Immunity

 

7.1       The immunity from legal process of officials of the WBG is in the interest of the WBG and not for the benefit of the individual officers themselves.

 

7.2       Requests to waive immunity of officials of the WBG shall be addressed by the Special Representative of the Secretary-General to the President of the WBG.

 

 

Section 8

Implementation

 

The Special Representative of the Secretary-General may issue administrative directions in connection with the implementation of the present regulation.

 

 

Section 9

Applicable Law

 

The present regulation shall supersede any provision in the applicable law which is inconsistent with it.

 

 


Section 10

Entry into Force

 

The present regulation shall be deemed to have entered into force on 4 May 2000.

 

 

 

Bernard Kouchner

Special Representative of the Secretary-General