REGULATION NO. 2000/42
UNMIK/REG/2000/42
10 July 2000
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
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
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 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
Personnel and locally-recruited personnel shall
respect the laws applicable in Kosovo.
Section 6
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
The present regulation shall be deemed to have
entered into force as of 10 June 1999.
Bernard Kouchner
Special Representative of
the Secretary-General