Article IX: Border Control
The Parties understand and agree that, until other arrangements are established, and subject to provisions of this Chapter and Chapter 2, controls along the international border of the FRY that is also the border of Kosovo will be maintained by the existing institutions normally assigned to such tasks, subject to supervision by the KFOR and the IM, which shall have the right to review and approve all personnel and units, to monitor their performance, and to remove and replace any personnel for behavior inconsistent with this Chapter.
Article X: Control of Air Movements
The appropriate NATO commander shall have sole authority to establish-rules and procedures governing
command and control of the airspace over Kosovo as well as within a 25 kilometer Mutual Safety Zone (MSZ). This MSZ shall consist of FRY airspace within 25 kilometers outward from the boundary of Kosovo with other parts of the FRY. This Chapter supersedes the NATO Kosovo Verification Mission Agreement of October 12, 1998 on any matter or area in which they may contradict each other. No military air traffic, fixed or rotary wing, of any Party shall be permitted to fly over Kosovo or in the MSZ without the prior express approval of the appropriate NATO commander. violations of any of the provisions above, including the appropriate NATO commander's rules and procedures governing the airspace over Kosovo, as well as unauthorized flight or activation of FRY Integrated Air Defense (IAE)S) within the MSZ, shall be subject to military action by the KFOR, including the use of necessary force. The KFOR shall have a liaison team at the FRY Air Force HQ and a YAADF liaisonshall be established with the KFOR. The Parties understand and agree that the appropriate NATO commander may delegate control of normal civilian air activities to appropriate FRY institutions to monitor operations, deconflict KFOR air traffic movements, and ensure smooth and safe operation of the air traffic system.
Article XI: Establishment of a Joint Military Commission
1. A Joint Military Commission (JMC) shall be established with the deployment of the KFOR to Kosovo.
2. The JMC shall be chaired by COMKFOR or his representative and consist of the following members:
a. the senior Yugoslav military commander of the Forces of the FRY or his representative;
b. the Ministers of Interior of the FRY and Republic of Serbia or their representatives;
c. a senior military representative of all other Forces;
d. a representative of the IM;
e. other persons as COMKFOR shall determine, including one or more representatives of the Kosovo civilian leadership.
3. The JMC shall:
a. serve as the central body for all Parties to address any military complaints, questions, or problems that require resolution by the COMKFOR, such as allegations of cease-fire violations or other allegations of non-compliance with this Chapter;
b. receive reports and make recommendations for specific actions to COMKFOR to ensure compliance by the Parties with the provisions of this Chapter;
c. assist COMKFOR in determining and implementing local transparency measures between the Parties.
4. The JMC shall not include any persons publicly indicted by the International Criminal Tribunal for the Former Yugoslavia.
5. The JMC shall function as a consultative body to advise COMKFOR. However, all final decisions shall be made by COMKFOR and shall be binding on the Parties.
6. The JMC shall meet at the call of COMKFOR. Any Party may request COMKFOR to convene a meeting.
7. The JMC shall establish subordinate military commissions for the purpose of providing assistance in carrying out the functions described above. Such commissions shall be at an appropriate level, as COMKFOR shall direct.
Composition of such commissions shall be determined by COMKFOR.
Article XII: Prisoner Release
1. By EIF + 21 days, the Parties shall release and transfer, in accordance with international humanitarian
standards, all persons held in connection with the conflict (hereinafter "prisoners"). In addition, the Parties shall cooperate fully with the International Committee of the Red Cross (ICRC) to facilitate its work, in accordance with its mandate, to implement and monitor a plan for the release and transfer of prisoners in accordance with the above deadline. In preparation for compliance with this requirement, the Parties shall:
a. grant the ICRC full access to all persons, irrespective of their status, who are being held by them in connection with the conflict, for visits in accordance with the ICRC's standard operating procedures;
b. provide to the ICRC any and all information concerning prisoners, as requested by the ICRC, by EIF + 14 days.
2. The Parties shall provide information, through the tracing mechanisms of the ICRC, to the families of all
persons who are unaccounted for. The Parties shall cooperate fully with the ICRC in its efforts to determine the identity, whereabouts, and fate of those unaccounted for.
Article XIII: Cooperation
The Parties shall cooperate fully with all entities involved in implementation of this settlement, as described in the Framework Agreement, or which are otherwise authorized by the United Nations Security Council, including the International Criminal Tribunal for the former Yugoslavia.
Article XIV: Notification to Military Commands
Each Party shall ensure that the terms of this Chapter and written orders requiring compliance are immediately communicated to all of its Forces.
Article XV: Final Authority to Interpret
1. Subject to paragraph 2, the KFOR Commander is the final authority in theater regarding interpretation of this Chapter and his determinations are binding on all Parties and persons.
2. The CIM is the final authority in theater regarding interpretation of the references in this Chapter to his
functions (directing the VJ Border Guards under Article II, paragraph 3; his functions concerning the MUP under Article VI) and his determinations are binding on all Parties and persons.
Article XVI: K-Day
The date of activation of KFOR -- to be known as K-Day --shall be determined by NATO.
Appendices:
A. Approved VJ/MUP Cantonment Sites
B. Status of Multi-National Military Implementation Force
Appendix A: Approved VJ/MUP Cantonment Sites
1. There are 13 approved cantonment sites in Kosovo for all VJ units, weapons, equipment, and ammunition. Movement to cantonment sites, and subsequent withdrawal from Kosovo, will occur in accordance with this Chapter. As the phased withdrawal of VJ units progresses along the timeline as specified in this Chapter, COMKFOR will close selected cantonment sites.
2. Initial approved VJ cantonment sites:
a) Pristina SW 423913NO210819E
b) Pristina Airfield 423412NO210040E
c) Vuctrin North 424936NO20575SE
d) Kosovska Mitrovica 425315NO2OS227E
e) Gnjilane NE 422807NO21284SE
f) Urosevac 422233NO2107S3E
g) Prizren 421315NO204SO4E
h) Djakovica SW 422212NO202530E
i) Pec 4239ION020172SE
j) Pristina Explosive Storage Fac 423636NO211225E
k) Pristina Ammo Depot SW 423518NO205923E
l) Pristina Ammo Depot 510 424211NO211056E
m) Pristina Headquarters facility 423938NO210934E
3. Within each cantonment site, VJ units are required to canton all heavy weapons and vehicles outside of storage facilities.
4. After EIF + 180 days, the remaining 2500 VJ forces dedicated to border security functions provided for in this Agreement will be garrisoned and cantoned at the following locations: Djakovica, Prizren, and Ursoevac; subordinate border posts within the Border Zone; a limited number of existing facilities in the immediate proximity of the Border zone subject to the prior approval of COMKFOR; and headquarters/C2 and logistic support facilities in Pristina.
5. There are 37 approved cantonment sites for all MUP and Special Police force units in Kosovo. There are seven (7) approved regional SUPS. Each of the 37 approved cantonment sites will fall under the administrative control of one of the regional SUPS. Movement to cantonment sites, and subsequent withdrawal of MUP from Kosovo, will occur in accordance with this Chapter.
6. Approved MUP regional SUPs and cantonment sites:
a) Kosovska Mitrovica SUP 42530ON0205200E
1) Kosovska Mitrovica (2 locations)
2) Leposavic
3) Srbica
4) Vucitrn
5) Zubin Potok
b) Pristina SUP 42400ON0211000E
1) Pristina (6 locations)
2) Glogovac
3) Kosovo Polje
4) Lipjan
5) Obilic
6) Podujevo
c) Pec SUP 42390ON0201600E
1) Pec (2 locations)
2) Klina
3) Istok
4) Malisevo
d) Djakovica SUP 42230ON0202600E
1) Djakovica (2 locations)
2) Decani
e) Urosevac SUP 42220ON0211000E
1) Urosevac (2 locations)
2) Stimlje
3) Strpce
4) Kacanik
f) Gnjilane SUP 42280ON0212900E
1) Gnjilane (2 locations)
2) Kamenica
3) Vitina
4) Kosovska
5) Novo Brdo
g) Prizren SUP 42130ON0204500E
1) Prizren (2 locations)
2) Orahovac
3) Suva Reka
4) Gora
7. Within each cantonment site, MUP units are required to canton all vehicles above 6 tons, including APCs and BOVs, and all heavy weapons outside of storage facilities.
8. KFOR will have the exclusive right to inspect any cantonment site or any other location, at any time,without interference from any Party.
Appendix B: Status of Multi-National Military Implementation Force
1. For the purposes of this Appendix, the following expressions shall have the meanings hereunder assigned to them:
a. "NATO" means the North Atlantic Treaty Organization (NATO), its subsidiary bodies, its military Headquarters, the NATO-led KFOR, and any elements/units forming any part of KFOR or supporting KFOR, whether or not they are from a NATO member country and whether or not they are under NATO or national command and control, when acting in furtherance of this Agreement.
b. "Authorities in the FRY" means appropriate authorities, whether Federal, Republic, Kosovo or other.
c. "NATO personnel" means the military, civilian, and contractor personnel assigned or attached to or employed by NATO, including the military, civilian, and contractor personnel from non-NATO states participating in the Operation, with the exception of personnel locally hired.
d. "the Operation" means the support, implementation, preparation, and participation by NATO and NATO personnel in furtherance of this Chapter.
e. "Military Headquarters" means any entity, whatever its denomination, consisting of or constituted in part by NATO military personnel established in order to fulfill the Operation.
f. "Authorities" means the appropriate responsible individual, agency, or organization of the Parties.
g. "Contractor personnel" means the technical experts or functional specialists whose services are required by NATO and who are in the territory of the FRY exclusively to serve NATO either in an advisory capacity in technical matters, or for the setting up, operation, or maintenance of equipment, unless they are:
nationals of the FRY; or
(2) persons ordinarily resident in the FRY.
h. "Official use" means any use of goods purchased, or of the services received and intended for the performance of any function as required by the operation of the Headquarters.
i. "Facilities" means all buildings, structures, premises, and land required for conducting the operational, training, and administrative activities by NATO for the Operation as well as for accommodation-of NATO personnel. 2. Without prejudice to their privileges and immunities under this Appendix, all NATO personnel shall respect the laws applicable in the FRY, whether Federal, Republic, Kosovo, or other, insofar as compliance with those laws is compatible with the entrusted tasks/mandate and shall refrain from activities not compatible with the nature of the Operation.
3. The Parties recognize the need for expeditious departure and entry procedures for NATO personnel. Such personnel shall be exempt from passport and visa regulations and the registration requirements applicable to aliens. At all entry and exit points to/from the FRY, NATO personnel shall be permitted to enter/exit the FRY on production of a national identification (ID) card. NATO personnel shall carry identification which they may be requested to produce for the authorities in the FRY, but operations, training, and movement shall not be allowed to be impeded or delayed by such requests.
4. NATO military personnel shall normally wear uniforms, and NATO personnel may possess and carry arms if authorized to do so by their orders. The Parties shall accept as valid, without tax or fee, drivers, licenses and permits issued to NATO personnel by their respective national authorities.
5. NATO shall be permitted to display the NATO flag and/or national flags of its constituent national elements/units on any NATO uniform, means of transport, or facility.
6. a. NATO shall be immune from all legal process, whether civil, administrative, or criminal.
b. NATO personnel, under all circumstances and at all times, shall be immune from the Parties, jurisdiction in respect of any civil, administrative, criminal, or disciplinary offenses which may be committed by them in the FRY. The Parties shall assist States participating in the operation in the exercise of their jurisdiction over their own nationals.
c. Notwithstanding the above, and with the NATO Commander's express agreement in each case, the authorities in the FRY may exceptionally exercise jurisdiction in such matters, but only in respect of Contractor personnel who are not subject to the jurisdiction of their nation of citizenship.
7. NATO personnel shall be immune from any form of arrest, investigation, or detention by the authorities in the FRY. NATO personnel erroneously arrested or detained shall immediately be turned over to NATO authorities.
8. NATO personnel shall enjoy, together with their vehicles, vessels, aircraft, and equipment, free and unrestricted passage and unimpeded access throughout the FRY including associated airspace and territorial waters. This shall include, but not be limited to, the right of bivouac, maneuver, billet, and utilization of any areas or facilities as required for support, training, and operations.
9. NATO shall be exempt from duties, taxes, and other charges and inspections and custom regulations including providing inventories or other routine customs documentation, for personnel, vehicles, vessels, aircraft, equipment, supplies, and provisions entering, exiting, or transiting the territory of the FRY in support of the Operation.
10. The authorities in the FRY shall facilitate, on a priority basis and with all appropriate means, all movement of personnel, vehicles, vessels, aircraft, equipment, or supplies, through or in the airspace, ports, airports, or roads used. No charges may be assessed against NATO for air navigation, landing, or takeoff of aircraft, whether government-owned or chartered. Similarly, no duties, dues, tolls or charges may be assessed against NATO ships, whether government-owned or chartered, for the mere entry and exit of ports. Vehicles, vessels, and aircraft used in support of the operation shall not be subject to licensing or registration requirements, nor commercial insurance.
11. NATO is granted the use of airports, roads, rails, and ports without payment of fees, duties, dues, tolls, or charges occasioned by mere use. NATO shall not, however, claim exemption from reasonable charges for specific services requested and received, but operations/movement and access shall not be allowed to be impeded pending payment for such services.
12. NATO personnel shall be exempt from taxation by the Parties on the salaries and emoluments received from NATO and on any income received from outside the FRY.
13. NATO personnel and their tangible moveable property imported into, acquired in, or exported from the FRY shall be exempt from all duties, taxes, and other charges and inspections and custom regulations.
14. NATO shall be allowed to import and to export, free of duty, taxes and other charges, such equipment, provisions, and supplies as NATO shall require for the operation, provided such goods are for the official use of NATO or for sale to NATO personnel. Goods sold shall be solely for the use of NATO personnel and not transferable to unauthorized persons.
15. The Parties recognize that the use of communications channels is necessary for the Operation. NATO shall be allowed to operate its own internal mail services.
The Parties shall, upon simple request, grant all telecommunications services, including broadcast services, needed for the Operation, as determined by NATO. This shall include the right to utilize such means and services as required to assure full ability to communicate, and the right to use all of the electromagnetic spectrum for this purpose, free of cost. In implementing this right, NATO shall make every reasonable effort to coordinate with and take into account the needs and requirements of appropriate authorities in the FRY.
16. The Parties shall provide, free of cost, such public facilities as NATO shall require to prepare for and execute the Operation. The Parties shall assist NATO in obtaining, at the lowest rate, the necessary utilities, such as electricity, water, gas and other resources, as NATO shall require for the Operation.
17. NATO and NATO personnel shall be immune from claims of any sort which arise out of activities in pursuance of the operation; however, NATO will entertain claims on an ex gratia basis.
18. NATO shall be allowed to contract directly for the acquisition of goods, services, and construction from any source within and outside the FRY. Such contracts, goods, services, and construction shall not
be subject to the payment of duties, taxes, or other charges. NATO may also carry out construction works with their own personnel.
19. Commercial undertakings operating in the FRY only in the service of NATO shall be exempt from local laws and regulations with respect to the terms and conditions of their employment and licensing and registration of employees, businesses, and corporations.
20. NATO may hire local personnel who on an individual basis shall remain subject to local laws and regulations with the exception of labor/employment laws. However, local personnel hired by NATO shall:
a. be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity;
b. be immune from national services and/or national military service obligations;
c. be subject only to employment terms and conditions established by NATO; and
d. be exempt from taxation on the salaries and emoluments paid to them by NATO.
21. In carrying out its authorities under this Chapter, NATO is authorized to detain individuals and, as quickly as possible, turn them over to appropriate officials.
22. NATO may, in the conduct of the Operation, have need to make improvements or modifications to certain infrastructure in the FRY, such as roads, bridges, tunnels, buildings, and utility systems. Any such
improvements or modifications of a non-temporary nature shall become part of and in the same ownership as that infrastructure. Temporary improvements or modifications may be removed at the discretion of the NATO Commander, and the infrastructure returned to as near its original condition as possible, fair wear and tear excepted.
23. Failing any prior settlement, disputes with the regard to the interpretation or application of this Appendix shall be settled between NATO and the appropriate authorities in the FRY.
24. Supplementary arrangements with any of the Parties may be concluded to facilitate any details connected with the Operation.
25. The provisions of this Appendix shall remain in force until completion of the Operation or as the Parties and NATO otherwise agree.
Chapter8
Amendment, Comprehensive Assessment, and Final Clauses
Article I: Amendment and Comprehensive Assessment
1. Amendments to this Agreement shall be adopted by agreement of all the Parties, except as otherwise provided by Article X of Chapter 1.
2. Each Party may propose amendments at any time and will consider and consult with the other Parties with regard to proposed amendments.
3. Three years after the entry into force of this Agreement, an international meeting shall be convened to determine a mechanism for a final settlement for Kosovo, on the basis of the will of the people, opinions of relevant authorities, each Party’s efforts regarding the implementation of this Agreement, and the Helsinki Final Act, and to undertake a comprehensive assessment of the implementation of this Agreement and to consider proposals by any Party for additional measures.
Article II: Final Clauses
1. This Agreement is signed in the English language. After signature of this Agreement, translations will be made into Serbian, Albanian, and other languages of the national communities of Kosovo, and attached to the English text.
2. This Agreement shall enter into force upon signature.
Witnessed by:
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