UNMIK/REG/2000/47

18 August 2000

REGULATION NO. 2000/47

ON THE STATUS, PRIVILEGES AND IMMUNITIES OF KFOR AND UNMIK AND THEIR PERSONNEL 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 7 of the resolution whereby the Security Council authorized Member States and relevant international organizations to establish the international security presence in Kosovo, constituted as KFOR,

Recalling paragraph 10 of the resolution whereby the Security Council authorized the Secretary-General to establish the interim civil administration 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, within the territory of Kosovo, the Joint Declaration on the status of KFOR and UNMIK and their personnel, and the privileges and immunities to which they are entitled,

Hereby promulgates the following:

Section 1

Definitions

For the purpose of this regulation:

"KFOR" means the specially constituted force, composed by the North Atlantic Treaty Organization, including its member States, its subsidiary bodies, its military Headquarters and national elements/units, and non-NATO contributing countries;

"KFOR personnel" means all military and civilian personnel of KFOR, such personnel shall be issued a distinctive ID card by or under the authority of the KFOR Force Commander;

"UNMIK" means the international civil presence established pursuant to Security Council resolution 1244 (1999) in the territory of Kosovo, integrating the Interim Civil Administration (United Nations); Humanitarian Affairs (UNHCR); Institution-building (OSCE) and Reconstruction (EU) components; and

"UNMIK personnel" means United Nations officials, experts and other persons assigned to serve in any of the components of UNMIK and holding an ID card, which indicates that the holder is a member of UNMIK, issued by or under the authority of the Special Representative of the Secretary-General.

Section 2

Status of KFOR and its Personnel


KFOR, its property, funds and assets shall be immune from any legal process.

2.2 All KFOR personnel shall respect the laws applicable in the territory of Kosovo and regulations issued by the Special Representative of the Secretary-General insofar as they do not conflict with the fulfilment of the mandate given to KFOR under Security Council resolution 1244 (1999).

2.3 Locally recruited KFOR personnel shall be immune from legal process in respect of words spoken or written and acts performed by them in carrying out tasks exclusively related to their services to KFOR.

2.4 KFOR personnel other than those covered under section 2.3 above shall be:


immune from jurisdiction before courts in Kosovo in respect of any administrative, civil or criminal act committed by them in the territory of Kosovo. Such personnel shall be subject to the exclusive jurisdiction of their respective sending States; and


immune from any form of arrest or detention other than by persons acting on behalf of their respective sending States. If erroneously detained, they shall be immediately turned over to KFOR authorities.

Section 3

Status of UNMIK and its Personnel


UNMIK, its property, funds and assets shall be immune from any legal process.

3.2 The Special Representative of the Secretary-General, the Principal Deputy, and the four Deputy Special Representatives of the Secretary-General, the Police Commissioner, and other high-ranking officials as may be decided from time to time by the Special Representative of the Secretary-General, shall be immune from local jurisdiction in respect of any civil or criminal act performed or committed by them in the territory of Kosovo.

3.3 UNMIK personnel, including locally recruited personnel, shall be immune from legal process in respect of words spoken and all acts performed by them in their official capacity.

3.4 UNMIK personnel shall be immune from any form of arrest or detention. If erroneously detained, they shall be immediately turned over to UNMIK authorities.

3.5 UNMIK personnel shall respect the laws applicable in the territory of Kosovo and regulations issued by the Special Representative of the Secretary-General, in the fulfilment of the mandate given to UNMIK by Security Council resolution 1244 (1999). They shall refrain from any action or activity incompatible therewith.

Section 4

Contractors

4.1 UNMIK and KFOR contractors, their employees and sub-contractors shall not be subject to local laws or regulations in matters relating to the terms and conditions of their contracts. UNMIK and KFOR contractors other than local contractors shall not be subject to local laws or regulations in respect of licensing and registration of employees, business and corporations.

4.2 KFOR contractors, their employees and sub-contractors shall be immune from legal process within Kosovo in respect of acts performed by them within their official activities pursuant to the terms and conditions of a contract between them and KFOR.

Section 5

Duration of Immunity from Legal Process

The immunity from legal process provided by the present regulation to UNMIK and KFOR personnel including their locally recruited personnel as well as KFOR contractors, their employees and subcontractors shall continue after UNMIK and KFOR's mandate expires or after such entities and/or personnel are no longer employed by UNMIK or KFOR.

Section 6

Waiver of Immunity

6.1 The immunity from legal process of KFOR and UNMIK personnel and KFOR contractors is in the interests of KFOR and UNMIK and not for the benefit of the individuals themselves. The Secretary-General shall have the right and the duty to waive the immunity of any UNMIK personnel in any case where, in his opinion, the immunity would impede the course of justice and can be waived without prejudice to the interest of UNMIK. In relation to personnel of the Institution-building and Reconstruction components, any waiver of immunity shall be carried out in consultation with the heads of those components.

6.2 Requests to waive jurisdiction over KFOR personnel shall be referred to the respective commander of the national element of such personnel for consideration.

6.3 Requests to waive the immunities of KFOR contractors set forth in section 4 of the present regulation shall be referred to the respective commander of the national element with which the KFOR contractor has contracted.

Section 7

Third Party Liability

Third party claims for property loss or damage and for personal injury, illness or death arising from or directly attributed to KFOR, UNMIK or their respective personnel and which do not arise from "operational necessity" of either international presence, shall be settled by Claims Commissions established by KFOR and UNMIK, in the manner to be provided for.

Section 8

Premises for KFOR

UNMIK shall use its reasonable efforts to place at the disposal of KFOR and its personnel, free of charge, public premises and facilities needed for the accomplishment of their mission.

Section 9

Applicability of the Convention on the Privileges and Immunities of

the United Nations

The provisions of the present regulation are without prejudice to the privileges and immunities enjoyed by UNMIK under the Convention on the Privileges and Immunities of the United Nations.

Section 10

Applicable Law

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

Section 11

Entry into Force

This regulation shall be deemed to have entered into force on 10 June 1999.

Bernard Kouchner

Special Representative of the Secretary-General