AMENDING UNMIK REGULATION NO. 1999/1, AS AMENDED, ON THE AUTHORITY OF THE INTERIM ADMINISTRATION 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,

Having promulgated 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 and UNMIK Regulation No. 1999/25 of 12 December 1999 amending UNMIK Regulation No. 1999/1,

Taking into account UNMIK Regulation No. 1999/24 of 12 December 1999 on the Law Applicable in Kosovo,

Hereby amends sections 1.2 and 6 of UNMIK Regulation No. 1999/1, as amended.

Consequently, the regulation will have the following wording as of the date on which the present regulation enters into force:

REGULATION NO. 1999/1

ON THE AUTHORITY OF THE INTERIM ADMINISTRATION IN KOSOVO

The Special Representative of the Secretary-General,

Recalling resolution 1244 (1999) of 10 June 1999, whereby the United Nations Security Council, acting under Chapter VII of the Charter of the United Nations, authorised the Secretary-General, with the assistance of relevant international organisations, to establish an international civil presence in Kosovo, known as the United Nations Interim Administration Mission in Kosovo (UNMIK), in order to provide an interim administration in Kosovo with the mandate as described in the resolution,

Acting pursuant to the authority given to him under United Nations Security Council resolution 1244 (1999) of 10 June 1999, and for the purpose of establishing and maintaining the interim administration in the territory of Kosovo,

Hereby promulgates the following:

Section 1

Authority of the Interim Administration

1.1 All legislative and executive authority with respect to Kosovo, including the administration of the judiciary, is vested in UNMIK and is exercised by the Special Representative of the Secretary-General.

1.2 The Special Representative of the Secretary-General may appoint any person to perform functions in the civil administration in Kosovo, including the judiciary, or remove such person. Such functions shall be exercised in accordance with the applicable law, as specified in UNMIK Regulation No. 1999/24.

Section 2

Observance of Internationally Recognized Standards

In exercising their functions, all persons undertaking public duties or holding public office in Kosovo shall observe internationally recognized human rights standards and shall not discriminate against any person on any ground such as sex, race, color, language, religion, political or other opinion, national, ethnic or social origin, association with a national community, property, birth or other status.

Section 3

Applicable Law in Kosovo

[Repealed in accordance with UNMIK Regulation No. 1999/25]

Section 4

Regulations Issued by UNMIK

In the performance of the duties entrusted to the interim administration under United Nations Security Council resolution 1244 (1999), UNMIK will, as necessary, issue legislative acts in the form of regulations. Such regulations will remain in force until repealed by UNMIK or superseded by such rules as are subsequently issued by the institutions established under a political settlement, as provided for in United Nations Security Council resolution 1244 (1999).

Section 5

Entry into Force and Promulgation of Regulations Issued by UNMIK

5.1 UNMIK regulations shall be approved and signed by the Special Representative of the Secretary-General. They shall enter into force upon the date specified therein.

5.2 UNMIK regulations shall be issued in Albanian, Serbian and English. In case of divergence, the English text shall prevail. The regulations shall be published in a manner that ensures their wide dissemination by public announcement and publication.

5.3 UNMIK regulations shall bear the symbol UNMIK/REG/, followed by the year of issuance and the issuance number of that year. A register of the regulations shall indicate the date of promulgation, the subject matter and amendments or changes thereto or the repeal or suspension thereof.

Section 6

Administration of Property

6.1 UNMIK shall administer movable or immovable property which is in the territory of Kosovo, including monies, bank accounts and other assets, where UNMIK has reasonable and objective grounds to conclude that such property is:

(a) Property of, or registered in the name of, the Federal Republic of Yugoslavia or the Republic of Serbia or any of their organs; or

(b) Socially owned property.

6.2 Administration by UNMIK of property pursuant to section 6.1 above shall be without prejudice to the right of any person or entity to assert ownership or other rights in the property in a competent court in Kosovo, or in a judicial mechanism to be established by regulation.

Section 7

Entry into force

The present regulation[1] shall be deemed to have entered into force as of 10 June 1999, the date of adoption by the United Nations Security Council of resolution 1244 (1999).

___________________

The present regulation shall enter into force on 27 September 2000.

Bernard Kouchner

Special Representative of the Secretary-General