REGULATION NO. 2000/44
UNMIK/REG/2000/44
10 August 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,
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
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
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
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
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
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
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
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
The Special Representative of the Secretary-General may
issue administrative directions in connection with the implementation of the
present regulation.
Section 9
The present regulation shall supersede any provision
in the applicable law which is inconsistent with it.
Section 10
The present regulation shall be deemed to have
entered into force on 4 May 2000.
Bernard Kouchner
Special
Representative of the Secretary-General