UNMIK/REG/2000/8

29 February 2000

REGULATION NO. 2000/8

ON THE PROVISIONAL REGISTRATION OF BUSINESSES 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 regulating the provisional registration of businesses in Kosovo,

Hereby promulgates the following:

Section 1

Scope

1.1 The present regulation shall govern the provisional registration of businesses in Kosovo.

1.2 The term "business" as used in the present regulation means any entity that engages in lawful economic activity for the purpose of making a profit. Businesses shall be further classified for the purposes of provisional registration according to provisions of the "Matrix of Classification" which shall be specified in an administrative direction.

1.3 This regulation shall extend to the registration of any business currently established in Kosovo or any business seeking to be established in Kosovo.

Section 2

Application for the Provisional Registration of Businesses

2.1 According to the deadlines for registration given by administrative direction, all businesses shall apply for provisional registration on application forms to be obtained from UNMIK, together with a non-refundable administrative fee. The administrative fee shall be specified in an administrative direction.

2.2 Provisional registration shall be effected by UNMIK until the Special Representative of the Secretary-General establishes, pursuant to UNMIK Regulation No. 2000/1 of 14 January 2000, the competent administrative department at which time authority to effect business registration will be transferred to that administrative department.

2.3 Applicants shall be responsible for submitting all information and supporting documentation for provisional registration as required in the application forms.

2.4 Within five (5) working days of the filing of the application for provisional registration, UNMIK shall issue a written Confirmation of receipt of the application that shall contain an application filing number.

Section 3

Issuance of the Certificate of Provisional Business Registration

3.1 Within twenty (20) working days of the issuance of the Confirmation, UNMIK shall issue either a Certificate of Provisional Business Registration containing a Provisional Business Registration Number or a written Decision denying provisional registration.

3.2 A certification fee shall be payable upon issuance of the Certificate of Provisional Business

Registration. The certification fee shall be specified in an administrative direction.

3.3 A Certificate of Provisional Business Registration may not be transferred.

3.4 The original Certificate of Provisional Business Registration shall be kept with the books and accounts of the business and shall be available for inspection by the relevant authorities during regular business hours. A copy of the Certificate of Provisional Business Registration shall be prominently displayed in each location where operations are conducted by the business. Further details regarding such display in the locations of branch or subsidiary operations of a business shall be contained in an administrative direction.

3.5 All correspondence and other business documents such as invoices, orders, acknowledgments of orders, contracts, etc. issued by a business shall contain the registered full name and address of the business, the nature of its organization and types of economic activity conducted, the name of the authorized representative(s) and the Provisional Business Registration Number.

3.6 The issuance of a Certificate of Provisional Business Registration shall not be construed as endorsement by UNMIK of the activities carried out by the business, nor is it evidence of the truth of the information submitted by applicants to obtain such registration.

Section 4

Grounds for Rejecting, Suspending or Revoking Registration of Businesses

4.1 UNMIK may reject an application on the following grounds:

(a) the information and/or documentation submitted by an applicant is incomplete or does not comply with the information required for registration in which case the applicant shall be given a reasonable period of time to submit an amended application;

(b) the purpose of the business activity(ies) is inconsistent with the provisions of United Nations Security Council Resolution 1244 (1999) or with any UNMIK regulation or any provision of applicable law;

(c) the business has the same name or a name similar to a previously registered or established business, which is likely to cause confusion;

(d) any other legitimate reason pertaining to public peace and order which the Special Representative of the Secretary-General deems sufficient.

4.2 UNMIK may in writing suspend or revoke the registration of a business for good cause specifying the reasons for such suspension or revocation. Except in the case of violations posing a threat of harm to the public and/or posing an environmental hazard, UNMIK shall give the business an opportunity to respond prior to suspending or revoking the registration.

4.3 A business that is denied registration on any of the grounds in section 4.1 or has its registration suspended or revoked under section 4.2 of this regulation shall have the right to submit an appeal to UNMIK through the Office of the Municipality in which it is located within fourteen (14) days of the date of the Decision citing the grounds for rejection of the application under section 4.1 or the notice of revocation or suspension issued pursuant to section 4.2.

4.4 A business affected by the determination made by UNMIK under section 4.3 may apply for review of that determination to a court of competent jurisdiction in Kosovo.

Section 5

Modification and Cessation of Businesses

5.1 Any subsequent change of circumstances related to information required and submitted for registration by businesses shall be reported to UNMIK within seven (7) working days, on forms to be obtained from UNMIK.

5.2 The cessation of a business shall be reported by its authorized representative(s) to UNMIK within seven (7) working days on forms to be obtained from UNMIK.

Section 6

Prohibitions

6.1 From 30 June 2000, a business shall not operate unless registered in accordance with the present Regulation and any applicable administrative directions and laws, with the exception of operations necessary to the creation and establishment of a new business.

6.2 After 30 June 2000, all new businesses shall be required to register within fourteen (14) days of the date of commencement of operation.

6.3 A business shall not operate after its registration has been suspended or revoked under section 4 of the present Regulation.

6.4 Violations of the present section shall result in closure of the business by the police authorities until a Certificate of Provisional Business Registration has been issued or restored.

Section 7

Provisional Register of Businesses

UNMIK shall maintain a Provisional Register of Businesses which shall state the name, address, nature of organization and type of activities of each business, as well as the name, address and other contact information of its authorized representative(s). The register shall be available to the public in a location and at times to be specified in an administrative direction.

Section 8

Implementation

The Special Representative of the Secretary-General may give 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 relating to the registration of businesses in Kosovo that is inconsistent with it.

Section 10

Entry into Force

The present regulation shall enter into force on 1 March 2000.

Bernard Kouchner

Special Representative of the Secretary-General