REGULATION NO. 1999/22
UNMIK/REG/1999/22
15 November 1999
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 on the Authority of the
Interim Administration in Kosovo,
For the purpose of regulating non-governmental organizations in Kosovo,
Hereby promulgates the following:
Section 1
1.1 The present regulation shall govern the founding, registration, activities and dissolution of legal persons organized as Non-Governmental Organizations in Kosovo.
1.2 The term Non-Governmental
Organization (“NGO”) as used in the present regulation shall encompass domestic
associations and foundations as defined in section 2 of the present regulation,
and foreign and international organizations as defined in section 3. The present regulation does not seek to
limit the right of individuals to freedom of association.
1.3 An NGO shall not distribute
any net earnings or profits as such to any person. The assets, earnings and profits of an NGO shall be used to
support the not-for-profit purposes of the organization and shall not be used
to provide benefits, directly or indirectly, to any founder, director, officer,
member, employee or donor of the NGO.
This section does not preclude the payment of reasonable compensation to
such persons for work performed for the organization.
Section 2
2.1 A domestic NGO is an association or foundation established in Kosovo to accomplish any lawful purpose, whether for public benefit or mutual interest.
2.2 An association is a membership organization. An association may be established by at least three domestic or foreign legal or natural persons (“persons”), at least one of whom has a residence or seat in Kosovo.
2.3 A foundation is an
organization without members established to manage properties and assets. A foundation may be established by one or
more persons, at least one of whom has a residence or seat in Kosovo.
2.4 An association or foundation shall be established by a founding instrument that shall contain the following information:
(a) The official name of the organization and any official acronym;
(b) Its organizational form (association or foundation);
(c) The organization’s address;
(d) The organization’s purpose;
(e) The names and addresses of the founders; and
(f) The name, address and other contact information of the individual or individuals in Kosovo authorized to represent the organization and to receive official notices and inquiries.
2.5 A foundation may also be
established by a will, bequest or legacy if it includes the information set forth
in section 2.4.
2.6 An association or foundation
shall have statutes containing the following information:
(a)
The name of the
organization;
(b)
The purposes of the
organization and a general description of proposed activities;
(c)
If the NGO is an association,
the procedures for selecting and removing members, the conditions for
membership, and, if the organization is to have a Board, the procedures for
electing and removing members of the Board and the allocation of powers and
responsibilities between the general meeting of members and the Board;
(d)
If the NGO is a
foundation, the procedures for electing and removing members of the Board;
(e)
The powers of the
highest governing body to delegate authority and responsibilities to other
internal organs of the NGO, and the procedures for such delegations;
(f)
The authority and
responsibilities of officers, if any;
(g)
Quorum and voting
rules for the highest governing body and any other internal organ of the NGO;
(h)
Rules and
procedures for amending the statutes, and for merging, splitting up, or
dissolving the organization and provisions regarding the distribution of
any assets remaining after such dissolution.
Section 3
3.1 A foreign or international NGO is a legal person established
outside of Kosovo under legislation that substantially meets the requirements
mentioned in section 3.2 of the present regulation.
3.2 Foreign and international
NGOs are subject to the provisions of sections 1, 3, 4.1, 4.3, 4.4, 4.5, 4.6,
5, 6.2, 8 and 9 to 14 of the present regulation.
Section 4
4.1 An NGO shall apply for
registration with UNMIK in order to operate as a legal entity in Kosovo.
4.2 A foundation or association registers
by filing with UNMIK an application form, founding instrument and its statutes.
4.3 A foreign or international
NGO registers by filing:
(a)
An application
form;
(b)
Proof that it is a
legal person in another country;
(c)
The organization’s
address in Kosovo; and
(d)
A written statement
from an authorized representative of the NGO’s headquarters stating:
(i)
The purposes of the
NGO;
(ii)
A general description of the activities that
the NGO is planning to carry out in Kosovo; and
(iii)
The name, address
and other contact information of the individual or individuals in Kosovo
authorized to represent the NGO and to receive official notices and inquiries.
4.4 An NGO shall inform UNMIK
within thirty (30) business days of any material change with respect to
documents submitted for registration.
Amendments to registration shall be subject to procedures, standards and
time limits equivalent to those applicable to initial registration. Amendments accepted by UNMIK shall be
recorded, registered and publicly available under section 4.5 of the present
regulation.
4.5 UNMIK shall maintain a
register of NGOs. The register shall
state the name, address, organizational form and purposes of each NGO, as well
as the name, address and other contact information of its authorized representative(s). The register shall also indicate if an NGO
has public benefit status pursuant to section 10 of the present
regulation. The register shall be
available to the public in a central location during regular business hours to
be established by the registering authority.
4.6 UNMIK shall issue to an NGO
a registration certificate or a written decision denying registration within
sixty (60) business days of receiving an application to register, unless UNMIK requests
in writing further information or clarification. If registration is denied, UNMIK shall include an explanation of
the grounds upon which registration was denied.
Section 5
5.1 UNMIK may deny an
application if (a) the registration documents do not comply with the
requirements of the present regulation; (b) if the statutes of the NGO would
violate the provisions of the United Nations Security Council resolution 1244
(1999), or of any UNMIK regulation; or (c) the organization seeking
registration has the same name or one so similar to a previously registered or
already established NGO that confusion is likely to result.
5.2 UNMIK may suspend or revoke
a registration for violation of any provision of the present regulation. Except in the case of serious violations
posing a threat of harm to the public, UNMIK shall give an NGO written notice
of the violation and an opportunity to respond prior to suspending or revoking
registration.
Section 6
6.1 NGOs shall have the status
of a legal person in Kosovo upon registration pursuant to the present
regulation.
6.2 Upon registration, foreign and international NGOs are authorized to operate as a legal person in Kosovo.
Section 7
7.1 The highest governing body
of an association shall be the assembly of members. The assembly of members shall consist of all members of the
association.
7.2 The highest governing body
of a foundation shall be a Board of Directors.
The Board of Directors shall consist of at least three members.
7.3 The highest governing body shall have ultimate responsibility for the policies and financial affairs of the organization and shall meet at least once a year, at which time it shall review and approve the assets, liabilities, income, expenditures and programs of the organization for the past year as well as anticipated assets, liabilities, income, expenditures and programs for the upcoming year.
7.4 Any member of a governing body
shall recuse himself from the consideration or decision of any matter in which
he has a personal or economic interest.
Any transaction between the organization and its members, officers,
members of the Board or employees must be concluded at fair market value or on
terms more favorable to the organization.
Section 8
NGOs may not engage in fundraising or campaigning to support political
parties or candidates for political office, nor may they propose, register or
in any way endorse candidates for public office.
Section 9
9.1 The income of an NGO may
include: donations of cash, securities, and in-kind contributions; bequests;
membership fees; gifts; grants; real or personal property; and income generated
from any lawful activities undertaken by the NGO with its property and
resources.
9.2 An NGO may engage in
economic activities for the purpose of supporting its not-for-
profit activities subject to the requirements of section 1.3.
9.3 An NGO may own and manage property and assets for the
accomplishment of its not-for-profit purposes.
Section 10
10.1 Subject to the limitations
described in section 10.2 below, an NGO registered under the present regulation
may apply for public benefit status if the NGO is organized and operated to
undertake one or more of the following as its principal activities:
humanitarian assistance and relief, charity, education, health, culture,
environmental conservation or protection, economic reconstruction and
development, the promotion of human rights, the promotion of democratic
practices and civil society, the promotion of gender equality or any other
activity that serves the public benefit.
10.2 Education and health shall
constitute public benefit activities only if significant benefits are provided
free of charge or at less than fair market value to disadvantaged individuals
or groups. Economic development shall
constitute a public benefit activity only if it is undertaken primarily for the
benefit of disadvantaged individuals or groups.
10.3 An NGO may apply for public benefit status upon initial
registration by the NGO or thereafter.
UNMIK shall grant public benefit status if the registration documents of
the NGO demonstrate that the purposes and activities of the NGO satisfy the
requirements of section 10.1. To retain
public benefit status, the NGO shall prepare activity and financial reports
pursuant to administrative directions issued by the Special Representative of
the Secretary-General.
10. 4 UNMIK may revoke the public
benefit status of an NGO for violation of the present provision. The procedures for the granting and revoking
of public benefit status shall follow the corresponding provisions in sections 4.6
and 5.2 of the present regulation.
10.5 Pursuant to conditions and
procedures contained in administrative directions issued by the Special
Representative of the Secretary-General, NGOs with public benefit status shall
be entitled to tax and fiscal benefits, including exemption from customs
duties, sales tax and other taxes except those which are essentially charges
for public utility services.
Section 11
11.1 An NGO may be voluntarily
dissolved upon the decision of its highest governing body.
11.2 In the event of the
dissolution of an NGO that received tax or fiscal benefits, donations from the
public or government grants, any assets remaining after discharge of the NGO’s
liabilities shall be distributed to another NGO with the same or similar
purposes. This NGO shall be identified
in the NGO’s statutes or through a decision of the NGO’s highest governing
body; otherwise, UNMIK will make this determination.
11.3 In all other cases, any
assets remaining after the discharge of liabilities shall be distributed in
accordance with the statutes or a decision by the highest governing body and in
all cases in compliance with section 1.3 of the present regulation.
11.4 UNMIK shall remove dissolved
NGOs from the register of active NGOs.
Section 12
The Special Representative of the Secretary-General may give
administrative directions and orders in connection with the implementation of
the present regulation.
Section 13
The present regulation shall
supersede any provision in the applicable law relating to the registration and
operation of non-governmental organizations in Kosovo which is inconsistent
with it.
Section 14
The present regulation shall enter into force on 15 November 1999.
Bernard Kouchner
Special Representative of the Secretary-General