[Congressional Record Volume 145, Number 70 (Friday, May 14, 1999)]
[Senate]
[Pages S5350-S5364]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   PRINTING OF RAMBOUILLET AGREEMENT

  Mr. NICKLES. Mr. President, on May 3, 1999, I addressed the 
administration policy regarding the Federal Republic of Kosovo. During 
my remarks, I asked unanimous consent to have printed in the 
Congressional Record the text of the Rambouillet Agreement. It is 44 
pages long.
  Consistent with the Standing Rules of the Senate, I ask unanimous 
consent that the text be printed in the Congressional Record. The cost 
of printing the text will total $3,758.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

Rambouillet Agreement--Interim Agreement for Peace and Self-Government 
                               in Kosovo

       The Parties of the present Agreement,
       Convinced of the need for a peaceful and political solution 
     in Kosovo as a prerequisite for stability and democracy,
       Determined to establish a peaceful environment in Kosovo,
       Reaffirming their commitment to the Purposes and Principles 
     of the United Nations, as well as to OSCE principles, 
     including the Helsinki Final Act and the Charter of Paris for 
     a new Europe,
       Recalling the commitment of the international community to 
     the sovereignty and territorial integrity of the Federal 
     Republic of Yugoslavia,
       Recalling the basic Clements/principles adopted by the 
     Contact Group at its ministerial meeting in London on January 
     29, 1999,
       Recognizing the need for democratic self-government in 
     Kosovo, including full participation of the members of all 
     national communities in political decision-making,
       Desiring to ensure the protection of the human rights of 
     all persons in Kosovo, as well as the rights of the members 
     of all national communities, Recognizing the ongoing 
     contribution of the OSCE to peace and stability in Kosovo,
       Noting that the present Agreement has been concluded under 
     the auspices of the members of the Contact Group and the 
     European Union and undertaking with respect to these members 
     and the European Union to abide by this Agreement,
       Aware that full respect for the present Agreement will be 
     central for the development of relations with European 
     institutions,
       Have agreed as follows:

                               Framework

                         Article I: Principles

       1. All citizens in Kosovo shall enjoy, without 
     discrimination, the equal rights and freedoms set forth in 
     this Agreement.
       2. National communities and their members shall have 
     additional rights specified in Chapter 1. Kosovo, Federal, 
     and Republic authorities shall not interfere with the 
     exercise of these additional rights. The national communities 
     shall be legally equal as specified herein, and shall not use 
     their additional rights to endanger the rights of other 
     national communities or the rights of citizens, the 
     sovereignty and territorial integrity of the Federal Republic 
     of Yugoslavia, or the functioning of representative 
     democratic government in Kosovo.
       3. All authorities in Kosovo shall fully respect human 
     rights, democracy, and the equality of citizens and national 
     communities.
       4. Citizens in Kosovo shall have the right to democratic 
     self-government through legislative, executive, judicial, and 
     other institutions established in accordance with this

[[Page S5351]]

     Agreement. They shall have the opportunity to be represented 
     in all institutions in Kosovo. The right to democratic self-
     government shall include the right to participate in free and 
     fair elections.
       5. Every person in Kosovo may have access to international 
     institutions for the protection of their rights in accordance 
     with the procedures of such institutions.
       6. The Parties accept that they will act only within their 
     powers and responsibilities in Kosovo as specified by this 
     Agreement. Acts outside those powers and responsibilities 
     shall be null and void. Kosovo shall have all rights and 
     powers set forth herein, including in particular as specified 
     in the Constitution at Chapter 1. This Agreement shall 
     prevail over any other legal provisions of the Parties and 
     shall be directly applicable. The Parties shall harmonize 
     their governing practices and documents with this Agreement.
       7. The Parties agree to cooperate fully with all 
     international organizations working in Kosovo on the 
     implementation of this Agreement.

                Article II: Confidence-Building Measures


                          End of Use of Force

       1. Use of force in Kosovo shall cease immediately. In 
     accordance with this Agreement, alleged violations of the 
     cease-fire shall be reported to international observers and 
     shall not be used to justify use of force in response.
       2. The status of police and security forces in Kosovo, 
     including withdrawal of forces, shall be governed by the 
     items of this Agreement. Paramilitary and irregular forces in 
     Kosovo are incompatible with the terms of this Agreement.


                                 Return

       3. The Parties recognize that all persons have the right to 
     return to their homes. Appropriate authorities shall take all 
     measures necessary to facilitate the safe return of persons, 
     including issuing necessary documents. All persons shall have 
     the right to reoccupy their real property, asset their 
     occupancy rights in state-owned property, and recover their 
     other property and personal possessions. The Parties shall 
     take all measures necessary to readmit returning persons to 
     Kosovo.
       4. The Parties shall cooperate fully with all efforts by 
     the United Nations High Commissioner for Refugees (UNHCR) and 
     other international and non-governmental organizations 
     concerning the repatriation and return of persons, including 
     those organizations monitoring of the treatment of persons 
     following their return.


                  Access for International Assistance

       5. There shall be no impediments to the normal flow of 
     goods into Kosovo, including materials for the reconstruction 
     of homes and structures. The Federal Republic of Yugoslavia 
     shall not require visas, customs, or licensing for persons or 
     things for the Implementation Mission (IM), the UNHCR, and 
     other international organizations, as well as for non-
     governmental organizations working in Kosovo as determined by 
     the Chief of the Implementation Mission (CIM).
       6. All staff, whether national or international, working 
     with international or non-governmental organizations 
     including with the Yugoslav Red Cross, shall be allowed 
     unrestricted access to the Kosovo population for purposes of 
     international assistance. All persons in Kosovo shall 
     similarly have safe, unhindered, and direct access to the 
     staff of such organizations.


                              other issues

       7. Federal organs shall not take any decisions that have a 
     differential, disproportionate, injurious, or discriminatory 
     effect on Kosovo. Such decisions, if any, shall be void with 
     regard to Kosovo.
       8. Martial law shall not be declared in Kosovo.
       9. The Parties shall immediately comply with all requests 
     for support from the Implementation Mission (IM). The IM 
     shall have its own broadcast frequencies for radio and 
     television programming in Kosovo. The Federal Republic of 
     Yugoslavia shall provide all necessary facilities, including 
     frequencies for radio communications, to all humanitarian 
     organizations responsible for delivering aid to Kosovo.


               detention of combatants and justice issues

       10. All abducted persons or other persons held without 
     charge shall be released. The Parties shall also release and 
     transfer in accordance with this Agreement all persons held 
     in connection with the conflict. The Parties shall cooperate 
     fully with the International Committee of the Red Cross 
     (ICRC) to facilitate its work in accordance with its mandate, 
     including ensuring full access to all such persons, 
     irrespective of their status, wherever they might be held, 
     for visits in accordance with the ICRC's standard operating 
     procedures.
       11. The Parties shall provide information, through tracing 
     mechanisms of the ICRC, to families of all persons who are 
     unaccounted for. The Parties shall cooperate fully with the 
     ICRC and the International Commission on Missing Persons in 
     their efforts to determine the identity, whereabouts, and 
     fate of those unaccounted for.
       12. Each Party:
       (a) shall not prosecute anyone for crimes related to the 
     conflict in Kosovo, except for persons accused of having 
     committed serious violations of international humanitarian 
     law. In order to facilitate transparency, the Parties shall 
     grant access to foreign experts (including forensics experts) 
     along with state investigators;
       (b) shall grant a general amnesty for all persons already 
     convicted of committing politically motivated crimes related 
     to the conflict in Kosovo. This amnesty shall not apply to 
     those properly convicted of committing serious violations of 
     international humanitarian law at a fair and open trial 
     conducted pursuant to international standards.
       13. All Parties shall comply with their obligation to 
     cooperate in the investigation and prosecution of serious 
     violations of international humanitarian law.
       (a) As required by United Nations Security Council 
     resolution 827 (1993) and subsequent resolutions, the Parties 
     shall fully cooperate with the International Criminal 
     Tribunal for the Former Yugoslavia in its investigations and 
     prosecutions, including complying with its requests for 
     assistance and its orders.
       (b) The Parties shall also allow complete, unimpeded, and 
     unfettered access to international experts--including 
     forensics experts and investigators to investigate 
     allegations of serious violations of international 
     humanitarian law.


                           independent media

       14. Recognizing the importance of free and independent 
     media for the development of a democratic political climate 
     necessary for the reconstruction and development of Kosovo, 
     the Parties shall ensure the widest possible press freedoms 
     in Kosovo in all media, public and private, including print, 
     television, radio, and Internet.

                               CHAPTER 1

                              Constitution

       Affirming their belief in a peaceful society, justice, 
     tolerance, and reconciliation,
       Resolved to ensure respect for human rights and the quality 
     of all citizens and national communities,
       Recognizing that the preservation and promotion of the 
     national, cultural, and linguistic identity of each national 
     community in Kosovo are necessary for the harmonious 
     development of a peaceful society,
       Desiring through this interim Constitution to establish 
     institutions of democratic self-government in Kosovo grounded 
     in respect for the territorial integrity and sovereignty of 
     the Federal Republic of Yugoslavia and from this Agreement, 
     from which the authorities of governance set forth herein 
     originate,
       Recognizing that the institutions of Kosovo should fairly 
     represent the national communities in Kosovo and foster the 
     exercise of their rights and those of their members,
       Recalling and endorsing the principles/basic elements 
     adopted by the Contact Group at its ministerial meeting in 
     London on January 29, 1999,

     Article I: Principles of Democratic Self-Government in Kosovo

       1. Kosovo shall govern itself democratically through the 
     legislative, executive, judicial, and other organs and 
     institutions specified herein. Organs and institutions of 
     Kosovo shall exercise their authorities consistent with the 
     terms of this Agreement.
       2. All authorities in Kosovo shall fully respect human 
     rights, democracy, and the equality of citizens and national 
     communities.
       3. The Federal Republic of Yugoslavia has competence in 
     Kosovo over the following areas, except as specified 
     elsewhere in this Agreement: (a) territorial integrity, (b) 
     maintaining a common market within the Federal Republic of 
     Yugoslavia, which power shall be exercised in a manner tat 
     does not discriminate against Kosovo, (c) monetary policy, 
     (d) defense, (e) foreign policy, (f) customs services, (g) 
     federal taxation, (h) federal elections, and (i) other areas 
     specified in this Agreement.
       4. The Republic of Serbia shall have competence in Kosovo 
     as specified in this Agreement, including in relation to 
     Republic elections.
       5. Citizens in Kosovo may continue to participate in areas 
     in which the Federal Republic of Yugoslavia and the Republic 
     of Serbia have competence through their representation in 
     relevant institutions, without prejudice to the exercise of 
     competence by Kosovo authorities set forth in this Agreement.
       6. With respect to Kosovo:
       (a) There shall be no changes to the borders of Kosovo;
       (b) Deployment and use of police and security forces shall 
     be governed by Chapters 2 and 7 of this Agreement; and
       (c) Kosovo shall have authority to conduct foreign 
     relations within its areas of responsibility equivalent to 
     the power provided to Republics under Article 7 of the 
     Constitution of the Federal Republic of Yugoslavia.
       7. There shall be no interference with the right of 
     citizens and national communities in Kosovo to call upon 
     appropriate institutions of the Republic of Serbia for the 
     following purposes:
       (a) assistance in designing school curricula and standards;
       (b) participation in social benefits programs, such as care 
     for war veterans, pensioners, and disabled persons; and
       (c) other voluntarily received services, provided that 
     these services are not related to police and security matters 
     governed by Chapters 2 and 7 of this Agreement, and that any 
     Republic personnel serving in Kosovo pursuant to this 
     paragraph shall be unarmed service providers acting at the 
     invitation of a national community in Kosovo.
       The Republic shall have the authority to levy taxes or 
     charges on those citizens requesting services pursuant to 
     this paragraph,

[[Page S5352]]

     as necessary to support the provision of such services.
       8. The basic territorial unit of local self-government in 
     Kosovo shall be the commune. All responsibilities in Kosovo 
     not expressly assigned elsewhere shall be the responsibility 
     of the communes.
       9. To preserve and promote democratic self-government in 
     Kosovo, all candidates for appointed, elective, or other 
     public office, and all office holders, shall meet the 
     following criteria:
       (a) No person who is serving a sentence imposed by the 
     International Criminal Tribunal for the Former Yugoslavia, 
     and no person who is under indictment by the Tribunal and who 
     has failed to comply with an order to appear before the 
     Tribunal, may stand as a candidate or hold any office; and
       (b) All candidates and office holders shall renounce 
     violence as a mechanism for achieving political goals; past 
     political or resistance activities shall not be a bar to 
     holding office in Kosovo.

                        Article II; The Assembly


                                General

       1. Kosovo shall have an Assembly, which shall be comprised 
     of 120 Members.
       (a) Eighty Members shall be directly elected.
       (b) A further 40 Members shall be elected by the members of 
     qualifying national communities.
       (i) Communities whose members constitute more than 0.5 per 
     cent of the Kosovo population but less than 5 per cent shall 
     have ten of these seats, to be divided among them in 
     accordance with their proportion of the overall population.
       (ii) Communities whose members constitute more than 5 per 
     cent of the Kosovo population shall divide the remaining 
     thirty seat equally. The Serb and Albanian national 
     communities shall be presumed to meet the 5 per cent 
     population threshold.


                            Other Provisions

       2. Elections for all Members shall be conducted 
     democratically, consistent with the provisions of Chapter 3 
     of this Agreement. Members shall be elected for a term of 
     three years.
       3. Allocation of seats in the Assembly shall be based on 
     data gathered in the census referred to in Chapter 5 of this 
     Agreement. Prior to the completion of the census, for 
     purposes of this Article declarations of national community 
     membership made during voter registration shall be used to 
     determine the percentage of the Kosovo population that each 
     national community represents.
       4. Members of the Assembly shall be immune from all civil 
     or criminal proceedings on the basis of words expressed or 
     other acts performed in their capacity as Members of the 
     Assembly.


                         Powers of the Assembly

       5. The Assembly shall be responsible for enacting laws of 
     Kosovo, including in political, security, economic, social, 
     educational, scientific, and cultural areas as set out below 
     and elsewhere in this Agreement. This Constitution and the 
     laws of the Kosovo Assembly shall not be subject to change or 
     modification by authorities of the Republic or the 
     Federation.
       (a) The Assembly shall be responsible for:
       (i) Financing activities of Kosovo institutions, including 
     by levying taxes and duties on sources within Kosovo;
       (ii) Adopting budgets of the Administrative organs and 
     other institutions of Kosovo, with the exception of communal 
     and national community institutions unless otherwise 
     specified herein;
       (iii) Adopting regulations concerning the organization and 
     procedures of the Administrative Organs of Kosovo;
       (iv) Approving the list of Ministers of the Government, 
     including the Prime Minister;
       (v) Coordinating educational arrangements in Kosovo, with 
     respect for the authorities of national communities and 
     Communes;
       (vi) Electing candidates for judicial office put forward by 
     the President of Kosovo;
       (vii) Enacting laws ensuring free movement of goods, 
     services, and persons in Kosovo consistent with this 
     Agreement;
       (viii) Approving agreements concluded by the President 
     within the areas of responsibility of Kosovo;
       (ix) Cooperating with the Federal Assembly, and with the 
     Assemblies of the Republics, and conducting relations with 
     foreign legislative bodies;
       (x) Establishing a framework for local self-government;
       (xi) Enacting laws concerning inter-communal issues and 
     relations between national communities, when necessary;
       (xii) Enacting laws regulating the work of medical 
     institutions and hospitals;
       (xiii) Protecting the environment, where inter-communal 
     issues are involved;
       (xiv) Adopting programs of economic, scientific, 
     technological, demographic, regional, and social development, 
     as well as urban planning;
       (xv) Adopting programs for the development of agriculture 
     and of rural areas;
       (xvi) Regulating elections consistent with Chapters 3 and 
     5;
       (xvii) Regulating Kosovo-owned property; and
       (xviii) Regulating land registries.
       (b) The Assembly shall also have authority to enact laws in 
     areas within the responsibility of the Communes if the matter 
     cannot be effectively regulated by the Communes or if 
     regulation by individual Communes might prejudice the rights 
     of other Communes. In the absence of a law enacted by the 
     Assembly under this subparagraph that preempts communal 
     action, the Communes shall retain their authority.


                               procedure

       6. Laws and other decisions of the Assembly shall be 
     adopted by majority of Members present and voting.
       7. A majority of the Members of a single national community 
     elected to the Assembly pursuant to paragraph 1(b) may adopt 
     a motion that a law or other decision adversely affects the 
     vital interests of their national community. The challenged 
     law or decision shall be suspended with regard to that 
     national community until the dispute settlement procedure in 
     paragraph 8 is completed.
       8. The following procedure shall be used in the event of a 
     motion under paragraph 7:
       (a) The Members making the vital interest motion shall give 
     reasons for their motion. The proposers of the legislation 
     shall be given an opportunity to respond.
       (b) The Members making the motion shall appoint within one 
     day a mediator of their choice to assist in reaching an 
     agreement with those proposing the legislation.
       (c) If mediation does not produce an agreement within seven 
     days, the matter may be submitted for a binding ruling. The 
     decision shall be rendered by a panel comprising three 
     Members of the Assembly: one Albanian and one Serb, each 
     appointed by his or her national community delegation; and a 
     third Member, who will be of a third nationality and will be 
     selected within two days by consensus of the Presidency of 
     the Assembly.
       (i) A vital interest motion shall be upheld if the 
     legislation challenged adversely affects the community's 
     fundamental constitutional rights, additional rights as set 
     forth in Article VII, or the principle of fair treatment.
       (ii) If the motion is not upheld, the challenged 
     legislation shall enter into force for that community.
       (d) Paragraph (c) shall not apply to the selection of 
     Assembly officials.
       (e) The Assembly may exclude other decisions from this 
     procedure by means of a law enacted by a majority that 
     includes a majority of each national community elected 
     pursuant to paragraph 1(b).
       9. A majority of the Members shall constitute a quorum. the 
     Assembly shall otherwise decide its own rules of procedure.


                               leadership

       10. The Assembly shall elect from among its Members a 
     Presidency, which shall consist of a President, two Vice-
     Presidents, and other leaders in accordance with the 
     Assembly's rules of procedure. Each national community 
     meeting the threshold specified in paragraph 1(b)(ii) shall 
     be represented in the leadership. the President of the 
     Assembly shall not be from the same national community as the 
     President of Kosovo.
       The President of the Assembly shall represent it, call its 
     sessions to order, chair its meetings, coordinate the work of 
     any committees it may establish, and perform other tasks 
     prescribed by the rules of procedure of the Assembly.

                    Article III: President of Kosovo

       1. There shall be a President of Kosovo, who shall be 
     elected by the Assembly by vote of a majority of its Members. 
     The President of Kosovo shall serve for a three-year term. No 
     person may serve more than two terms as President of Kosovo.
       2. The President of Kosovo shall be responsible for:
       (i) Representing Kosovo, including before any international 
     or Federal body or any body of the Republics;
       (ii) Proposing to the Assembly candidates for Prime 
     Minister, the Constitutional Court, the Supreme Court, and 
     other Kosovo judicial offices;
       (iii) Meeting regularly with the democratically elected 
     representatives of the national communities;
       (iv) Conducting foreign relations and concluding agreements 
     within this power consistent with the authorities of Kosovo 
     institutions under this Agreement. Such agreements shall only 
     enter into force upon approval by the Assembly;
       (v) Designating a representative to serve on the Joint 
     Commission established by Article 1.2 of Chapter 5 of this 
     Agreement;
       (vi) Meeting regularly with the Federal and Republic 
     Presidents; and
       (vii) Other functions specified herein or by law.

            Article IV: Government and Administrative Organs

       1. Executive power shall be exercised by the Government. 
     The Government shall be responsible for implementing the laws 
     of Kosovo, and of other government authorities when such 
     responsibilities are devolved by those authorities. The 
     Government shall also have competence to propose laws to the 
     Assembly.
       (a) The Government shall consist of a Prime Minister and 
     Ministers, including at least one person from each national 
     community meeting the threshold specified in paragraph 
     1(b)(ii) of Article II. Ministers shall head the 
     Administrative Organs of Kosovo.
       (b) The candidate for Prime Minister proposed by the 
     President shall put forward a list of Ministers to the 
     Assembly. The Prime Minister, together with the list of 
     Ministers, shall be approved by the majority of those present 
     and voting in the Assembly. In the event that the Prime 
     Minister is not able to obtain a majority for the Government, 
     the President shall propose a new candidate for Prime 
     Minister within ten days.
       (c) The Government shall resign if a no confidence motion 
     is adopted by a vote of a

[[Page S5353]]

     majority of the members of the Assembly. If the Prime Minster 
     or the Government resigns, the President shall select a new 
     candidate for Prime Minister who shall seek to form a 
     Government.
       (d) The Prime Minister shall call meetings of the 
     Government, represent it as appropriate, and coordinate its 
     work. Decisions of the Government shall require a majority of 
     Ministers present and voting. The Prime Minister shall cast 
     the deciding vote in the event Ministers are equally divided. 
     The Government shall otherwise decide its own rules of 
     procedure.
       2. Administrative Organs shall be responsible for assisting 
     the Government in carrying out its duties.
       (a) National communities shall be fairly represented at all 
     levels in the Administrative Organs.
       (b) Any citizen in Kosovo claiming to have been directly 
     and adversely affected by the decision of an executive or 
     administrative body shall have the right to judicial review 
     of the legality of that decision that exhausting all avenues 
     for administrative review. The Assembly shall enact a law to 
     regulate this review.
       3. There shall be a Chief Prosecutor who shall be 
     responsible for prosecuting individuals who violate the 
     criminal laws of Kosovo. He shall head an Office of the 
     Prosecutor, which shall at all levels have staff 
     representative of the population of Kosovo.

                          Article V: Judiciary


                                General

       1. Kosovo shall have a Constitutional Court, a Supreme 
     Court, District Courts, and Communal Courts.
       2. The Kosovo courts shall have juridiction over all 
     matters arising under this Constitution or the laws of Kosovo 
     except as specified in paragraph 3. The Kosovo courts shall 
     also have jurisdiction over questions of federal law, subject 
     to appeal to the Federal courts on these questions after all 
     appeals available under the Kosovo system have been 
     exhausted.
       3. Citizens in Kosovo may opt to have civil disputes to 
     which they are party adjudicated by other courts in the 
     Federal Republic of Yugoslavia, which shall apply the law 
     applicable in Kosovo.
       4. The following rules will apply to criminal cases:
       (a) At the start of criminal proceedings, the defendant is 
     entitled to have his or her trial transferred to another 
     Kosovo court that he or she designates.
       (b) In criminal cases in which all defendants and victims 
     are members of the same national community, all members of 
     the judicial council will be from a national community of 
     their choice if any party so requests.
       (c) A defendant in a criminal case tried in Kosovo courts 
     is entitled to have at least one member of the judicial 
     council hearing the case to be from his or her national 
     community. Kosovo authorities will consider and allow judges 
     of other courts in the Federal Republic of Yugoslavia to 
     serve as Kosovo judges for these purposes.


                          Constitutional Court

       5. The Constitutional Court shall consist of nine judges. 
     There shall be at least one Constitutional Court judge from 
     each national community meeting the threshold specified in 
     paragraph 1(b)(ii) of Article II. Until such time as the 
     Parties agree to discontinue this arrangement, 5 judges of 
     the Constitutional Court shall be selected from a list drawn 
     up by the President of the European Court of Human Rights.
       6. The Constitutional Court shall have authority to resolve 
     disputes relating to the meaning of this Constitution. That 
     authority shall include, but is not limited to, determining 
     whether laws applicable in Kosovo, decisions or acts of the 
     President, the Assembly, the Government, the Communes, and 
     the national communities are compatible with this 
     Constitution.
       (a) Matters may be referred to the Constitutional Court by 
     the President of Kosovo, the President or Vice-Presidents of 
     the Assembly, the Ombudsman, the communal assemblies and 
     councils, and any national community acting according to the 
     democratic procedures.
       (b) Any court which finds in the course of adjudicating a 
     matter that the dispute depends on the answer to a question 
     within the Constitutional Court's jurisdiction shall refer 
     the issue to the Constitutional Court for a preliminary 
     decision.
       7. Following the exhaustion of other legal remedies, the 
     Constitutional Court shall at the request of any person 
     claiming to be victim have jurisdiction over complaints that 
     human rights and fundamental freedoms and the rights of 
     members of national communities set forth in this 
     Constitution have been violated by a public authority.
       8. The Constitutional Court shall have such other 
     jurisdiction as may be specified elsewhere in this Agreement 
     or by law.


                             Supreme Court

       9. The Supreme Court shall consist of nine judges. There 
     shall be at least one Suprme Court judge from each national 
     community meeting the threshold specified in paragraph 
     1(b)(ii) of Article II.
       10. The Supreme Court shall hear appeals from the District 
     Courts and the Communal Courts. Except as otherwise provided 
     in this Constitution, The Supreme Court shall be the court of 
     final appeal for all cases arising under law applicable in 
     Kosovo. Its decisions shall be recognized and executed by all 
     authorities in the Federal Republic of Yugoslavia.


                       functioning of the courts

       11. The Assembly shall determine the number of District and 
     Communal Court judges necessary to meet current needs.
       12. Judges of all courts in Kosovo shall be distinguished 
     jurists of the highest moral character. They shall be broadly 
     representative of the national communities of Kosovo.
       13. Removal of a Kosovo judge shall require the consensus 
     of the judges of the Constitutional Court. A Constitutional 
     Court judge whose removal is in question shall not 
     participate in the decision on his case.
       14. The Constitutional Court shall adopt rules for itself 
     and for other courts in Kosovo. The Constitutional and 
     Supreme Courts shall each adopt decisions by majority vote of 
     their members.
       15. Except as otherwise specified in their rules, all 
     Kosovo courts shall hold public proceedings. They shall issue 
     published opinions setting forth the reasons for their 
     decisions.

           Article VI: Human Rights and Fundamental Freedoms

       1. All authorities in Kosovo shall ensure internationally 
     recognized human rights and fundamental freedoms.
       2. The right and freedoms set forth in the European 
     Convention for the Protection of Human Right and Fundamental 
     Freedoms and its Protocols shall apply directly in Kosovo. 
     Other internationally recognized human rights instruments 
     enacted into law by the Kosovo Assembly shall also apply. 
     These rights and freedoms shall have priority over all other 
     law.
       3. All courts, agencies, governmental institutions, and 
     other pubic institutions of Kosovo or operating in relation 
     to Kosovo shall conform to these human rights and fundamental 
     freedoms.

                   Article VII: National Communities

       1. National communities and their members shall have 
     additional rights as set forth below in order to preserve and 
     express their national, cultural, religious, and linguistic 
     identities in accordance with international standards and the 
     Helsinki Final Act. Such rights shall be exercised in 
     conformity with human rights and fundamental freedoms.
       2. Each national community may elect, through democratic 
     means and in a manner consistent with the principles of 
     Chapter 3 of this Agreement, institutions to administer its 
     affairs in Kosovo.
       3. The national communities shall be subject to the laws 
     applicable in Kosovo, provided that any act or decision 
     concerning national communities must be non-discriminatory. 
     The Assembly shall decide upon a procedure for resolving 
     disputes between national communities.
       4. The additional rights of the national communities, 
     acting through their democratically elected institutions, are 
     to:
       (a) preserve and protect their national, cultural, 
     religious, and linguistic identities, including by:
       (i) inscribing local names of towns and villages, of 
     squares and streets, and of other topographic names in the 
     language and alphabet of the national community in addition 
     to signs in Albanian and Serbia, consistent with decisions 
     about style made by the communal institutions;
       (ii) providing information in the language and alphabet of 
     the national community;
       (iii) providing for education and establishing educational 
     institutions, in particular for schooling in their own 
     language and alphabet and in national culture and history, 
     for which relevant authorities will provide financial 
     assistance; curricula shall reflect a spirit of tolerance 
     between national communities and respect for the rights of 
     members of all national communities in accordance with 
     international standards;
       (iv) enjoying unhindered contacts with representatives of 
     their respective national communities, within the Federal 
     Republic of Yugoslavia and abroad;
       (v) using and displaying national symbols, including 
     symbols of the Federal Republic of Yugoslavia and the 
     Republic of Serbia;
       (vi) protecting national traditions on family law by, if 
     the community decides, arranging rules in the field of 
     inheritance; family and matrimonial relations; tutorship; and 
     adoption;
       (vii) the preservation of sites of religious, historical, 
     or cultural importance to the national community in 
     cooperation with other authorities;
       (viii) implementing public health and social services on a 
     non-discriminatory basis as to citizens and national 
     communities;
       (ix) operating religious institutions in cooperation with 
     religious authorities; and
       (x) participating in regional and international non-
     governmental organizations in accordance with procedures of 
     these organizations;
       (b) be guaranteed access to, and representation in, public 
     broadcast media, including provisions for separate 
     programming in relevant languages under the direction of 
     those nominated by the respective national community on a 
     fair and equitable basis; and
       (c) finance their activities by collecting contributions 
     the national communities may decided to levy on members of 
     their own communities.
       5. Members of national communities shall also be 
     individually guaranteed:
       (a) the right to enjoy unhindered contacts with members of 
     their respective national

[[Page S5354]]

     communities elsewhere in the Federal Republic of Yugoslavia 
     and abroad;
       (b) equal access to employment in public services at all 
     levels;
       (c) the right to use their languages and alphabets;
       (d) the right to use and display national community 
     symbols;
       (e) the right to participate in democratic institutions 
     that will determine the national community's exercise of the 
     collective rights set forth in this Article; and
       (f) the right to establish cultural and religious 
     association, for which relevant authorities will provide 
     financial assistance.
       (6) Each national community and, where appropriate, their 
     members acting individually may exercise these additional 
     rights through Federal institutions and institutions of the 
     Republics, in accordance with the procedures of those 
     institutions and without prejudice to the ability of Kosovo 
     institutions to carry out their responsibilities.
       7. Every person shall have the right freely to choose to be 
     treated or not to be treated as belonging to a national 
     community, and no disadvantage shall result from that choice 
     or from the exercise of the rights connected to that choice.

                         Article VIII: Communes

       1. Kosovo shall have the existing communes. Changes may be 
     made to communal boundaries by act of the Kosovo Assembly 
     after consultation with the authorities of the communes 
     concerned.
       2. Communes may develop relationships among themselves for 
     their mutual benefit.
       3. Each commune shall have an Assembly, and Executive 
     Council, and such administrative bodies as the commune may 
     establish.
       (a) Each national community whose membership constitutes at 
     least three percent of the population of the commune shall be 
     represented on the Council in proportion to its share of the 
     communal population or by one member, whichever is greater.
       (b) Prior to the completion of a census, disputes over 
     communal population percentages for purposes of this 
     paragraph shall be resolved by reference to declarations of 
     national community membership in the voter registry.
       4. The communes shall have responsibility for:
       (a) law enforcement, as specified in Chapter 2 of this 
     Agreement;
       (b) regulating and, when appropriate, providing child care;
       (c) providing education, consistent with the rights and 
     duties of national communities, and in a spirit of tolerance 
     between national communities and respect for the rights of 
     the members of all national communities in accordance with 
     international standards;
       (d) protecting the communal environment;
       (e) regulating commerce and privately-owned stores;
       (f) regulating hunting and fishing;
       (g) planning and carrying out public works of communal 
     importance, including roads and water supplies, and 
     participating in the planning and carrying out of Kosovo-wide 
     public works projects in coordination with other communes and 
     Kosovo authorities;
       (h) regulating land use, town planning, building 
     regulations, and housing construction;
       (i) developing programs for tourism, the hotel industry, 
     catering, and sport;
       (j) organizing fairs and local markets;
       (k) organizing public services of communal importance, 
     including fire, emergency response, and police consistent 
     with Chapter 2 of this Agreement; and
       (l) financing the work of communal institutions, including 
     raising revenues, taxes and preparing budgets.
       5. The communes shall also have responsibility for all 
     other areas within Kosovo's authority not expressly assigned 
     elsewhere herein, subject to the provisions of Article 
     II.5(b) of this Constitution.
       6. Each commune shall conduct its business in public and 
     shall maintain publicly available records of its 
     deliberations and decisions.

                       Article IX: Representation

       1. Citizens in Kosovo shall have the right to participate 
     in the election of:
       (a) At least 10 deputies in the House of Citizens of the 
     Federal Assembly; and
       (b) At least 20 deputies in the National Assembly of the 
     Republic of Serbia.
       2. The modalities of elections for the deputies specified 
     in paragraph 1 shall be determined by the Federal Republic of 
     Yugoslavia and the Republic of Serbia respectively, under 
     procedures to be agreed with the Chief of the Implementation 
     Mission.
       3. The Assembly shall have the opportunity to present to 
     the appropriate authorities a list of candidates from which 
     shall be drawn:
       (a) At least one citizen in Kosovo to serve in the Federal 
     Government, and at least one citizen in Kosovo to serve in 
     the Government of the Republic of Serbia; and
       (b) At least one judge on the Federal Constitutional Court, 
     one judge on the Federal Court, and three judges on the 
     Supreme Court of Serbia.

                          Article X: Amendment

       1. The Assembly may by a majority of two-thirds of its 
     Members, which majority must include a majority of the 
     Members elected from each national community pursuant to 
     Article II.1(b)(ii), adopt amendments to this Constitution.
       2. There shall, however, be no amendments to Article I.3-8 
     or to this Article, nor shall any amendment diminish the 
     rights granted by Articles VI and VII.

                      Article XI: Entry into Force

       This Constitution shall enter into force upon signature of 
     this Agreement.

                               CHAPTER 2

                    Police and Civil Public Security

                     Article I: general Principles

       1. All law enforcement agencies, organizations and 
     personnel of the Parties, which for purposes of this Chapter 
     will include customs and border police operating in Kosovo, 
     shall act in compliance with this Agreement and shall observe 
     internationally recognized standards of human rights and due 
     process. In exercising their functions, law enforcement 
     personnel shall not discriminate on any ground, such as sex, 
     race, color, language, religion, political or other opinion, 
     national or social origin, association with a national 
     community, property, birth or other status.
       2. The Parties invite the Organization for Security and 
     Cooperation in Europe (OSCE) through its Implementation 
     Mission (IM) to monitor and supervise implementation of this 
     Chapter and related provisions of this Agreement. The Chief 
     of the Implementation Mission (CIM) or his designee shall 
     have the authority to issue binding directives to the Parties 
     and subsidiary bodies on police and civil public security 
     matters to obtain compliance by the Parties with the terms of 
     this Chapter. The Parties agree to cooperate fully with the 
     IM and to comply with its directives. Personnel assigned to 
     police-related duties within the IM shall be permitted to 
     wear a uniform while serving in this part of the mission.
       3. In carrying out his responsibilities, the CIM will 
     inform and consult KFOR as appropriate.
       4. The IM shall have the authority to:
       (a) Monitor, observe, and inspect law enforcement 
     activities, personnel, and facilities, including border 
     police and customs units, as well as associated judicial 
     organizations, structures, and proceedings;
       (b) Advise law enforcement personnel and forces, including 
     border police and customs units, and, when necessary to bring 
     them into compliance with this Agreement, including this 
     Chapter, issue appropriate binding directions in coordination 
     with KFOR;
       (c) Participate in and guide the training of law 
     enforcement personnel;
       (d) In coordination with KFOR, assess threats to public 
     order;
       (e) Advise and provide guidance to governmental authorities 
     on how to deal with threats to public order and on the 
     organization of effective civilian law enforcement agencies;
       (f) Accompany the Parties' law enforcement personnel as 
     they carry out their responsibilities, as the IM deems 
     appropriate;
       (g) Dismiss or discipline public security personnel of the 
     Parties for cause; and
       (h) Request appropriate law enforcement support from the 
     international community to enable IM to carry out the duties 
     assigned in this Chapter.
       5. All Kosovo, Republic and Federal law enforcement and 
     Federal military authorities shall be obligated, in their 
     respective areas of authority, to ensure freedom of movement 
     and safe passage for all persons, vehicles and goods. This 
     obligation includes a duty to permit the unobstructed passage 
     into Kosovo of police equipment which has been approved by 
     the CIM and COMKFOR for use by Kosovo police, and of any 
     other support provided under subparagraph 4(h) above.
       6. The Parties undertake to provide one another mutual 
     assistance, when requested, in the surrender of those accused 
     of committing criminal acts within a Party's jurisdiction, 
     and in the investigation and prosecution of offenses across 
     the boundary of Kosovo with other parts of the FRY. The 
     Parties shall develop agreed procedures and mechanisms for 
     responding to these requests. The CIM or his designee shall 
     resolve disputes on these matters.
       7. The IM shall aim to transfer law enforcement 
     responsibilities described in Article II below to the law 
     enforcement officials and organizations described in Article 
     II at the earliest practical time consistent with civil 
     public security.

                      Article II: Communal Police

       1. As they build up, communal police units, organized and 
     stationed at the communal and municipal levels, shall assume 
     primary responsibility for law enforcement in Kosovo. The 
     specific responsibilities of the communal police will include 
     police patrols and crime prevention, criminal investigations, 
     arrest and detention of criminal suspects, crowd control, and 
     traffic control.
       2. Number and Composition. The total number of communal 
     police established by this Agreement operating within Kosovo 
     shall not exceed 3,000 active duty law enforcement officers. 
     However, the CIM shall have the authority to increase or 
     decrease this personnel ceiling if he determines such action 
     is necessary to meet operational needs. Prior to taking any 
     such action, the CIM shall consult with the Criminal Justice 
     Administration and other officials as appropriate. The 
     national communities in each commune shall be fairly 
     represented in the communal police unit.
       3. Criminal Justice Administration.
       a. A Criminal Justice Administration (CJA) shall be 
     established. It shall be an Administrative Organ of Kosovo, 
     reporting to an appropriate member of the Government of

[[Page S5355]]

     Kosovo as determined by the Government. The CJA shall provide 
     general coordination of law enforcement operations in Kosovo. 
     Specific functions of the CJA shall include general 
     supervision over, and providing guidance to, communal police 
     forces through their commanders, assisting in the 
     coordination between separate communal police forces, and 
     oversight of the operations of the police academy. In 
     carrying out these responsibilities, the CJA may issue 
     directives, which shall be binding on communal police 
     commanders and personnel. In the exercise of its functions, 
     the CJA shall be subject to any directions given by CIM.
       b. Within twelve months of the establishment of the CJA, 
     the CJA shall submit for review by the CIM a plan for the 
     coordination and development of law enforcement bodies and 
     personnel in Kosovo within its jurisdiction. This plan shall 
     serve as the framework for law enforcement coordination and 
     development in Kosovo and be subject to modification by the 
     CIM.
       c. The IM will endeavor to develop the capacities of the 
     CJA as quickly as possible. Prior to the point when the CJA 
     is able to properly carry out the functions described in the 
     preceding paragraph, as determined by the CIM, the IM shall 
     carry out these functions.
       4. Communal Commanders. Subject to review by the CIM, each 
     commune will appoint, and may remove for cause, by majority 
     vote of the communal council, a communal police commander 
     with responsibility for police operations within the commune.
       5. Service in Police.
       (a) Recruitment for public security personnel will be 
     conducted primarily at the local level. Local and communal 
     governments, upon consultation with communal Criminal Justice 
     Commissions, will nominate officer candidates to attend the 
     Kosovo Police Academy. Offers of employment will be made by 
     communal police commanders, with the concurrence of the 
     academy director, only after the candidate has successfully 
     completed the academy basic recruit course.
       (b) Recruitment, selection and training of communal police 
     officers shall be conducted under the direction of the IM 
     during the period of its operation.
       (c) There shall be no bar to service in the communal police 
     based on prior political activities. Members of the police 
     shall not, however, be permitted while they hold this public 
     office to participate in party political activities other 
     than membership in such a party.
       (d) Continued service in the police is dependent upon 
     behavior consistent with the terms of this Agreement, 
     including this Chapter. The IM shall supervise regular 
     reviews of officer performance, which shall be conducted in 
     accordance with international due process norms.
       6. Uniforms and Equipment.
       (a) All communal police officers, with the exception of 
     officers participating in crowd control functions, shall wear 
     a standard uniform. Uniforms shall include a badge, 
     picture identification, and name tag.
       (b) Communal police officers may be equipped with a 
     sidearm, handcuffs, a baton, and a radio.
       (c) Subject to authorization or modification by the CIM, 
     each commune may maintain, either at the communal 
     headquarters or at municipal stations, no more than one long-
     barreled weapon not to exceed 7.62 mm for every fifteen 
     police officers assigned to the commune. Each such weapon 
     must be approved by and registered with the IM and KFOR 
     pursuant to procedures established by the CIM and COMKFOR. 
     When not in use, all such weapons will be securely stored and 
     each commune will keep a registry of these weapons.
       (i) In the event of a serious law enforcement threat that 
     would justify the use of these weapons, the communal police 
     commander shall obtain IM approval before employing these 
     weapons.
       (ii) The communal police commander may authorize the use of 
     these weapons without prior approval of the IM for the sole 
     purpose of self-defense. In such cases, he must report the 
     incident no later than one hour after it occurs to the IM and 
     KFOR.
       (iii) If the CIM determines that a weapon has been used by 
     a member of a communal police force in a manner contrary to 
     this Chapter, he may take appropriate corrective measures; 
     such measures may include reducing the number of such weapons 
     that the communal police force is allowed to possess or 
     dismissing or disciplining the law enforcement personnel 
     involved.
       (d) Communal police officers engaged in crowd control 
     functions will receive equipment appropriate to their task, 
     including batons, helmets and shields, subject to IM 
     approval.

                  Article III: Interim Police Academy

       1. under the supervision of the IM, the CJA shall establish 
     an interim Police Academy that will offer mandatory and 
     professional development training for all public security 
     personnel, including border police. Until the interim police 
     academy is established, IM will oversee a temporary training 
     program for public security personnel including border 
     police.
       2. All public security personnel shall be required to 
     complete a course of police studies successfully before 
     serving as communal police officers.
       3. The Academy shall be headed by a Director appointed and 
     removed by the CJA in consultation with the Kosovo Criminal 
     Justice Commission and the IM. The Director shall consult 
     closely with the IM and comply fully with its recommendations 
     and guidance.
       4. All Republic and Federal police training facilities in 
     Kosovo, including the academy at Vucitrn, will cease 
     operations within 6 months of the entry into force of this 
     Agreement.

                Article IV: Criminal Justice Commissions

       1. The parties shall establish a Kosovo Criminal Justice 
     Commission and Communal Criminal Justice Commissions. The CIM 
     or his designee shall chair meetings of these Commissions. 
     They shall be forums for cooperation, coordination and the 
     resolution of disputes concerning law enforcement and civil 
     public security in Kosovo.
       2. The functions of the Commissions shall include the 
     following:
       (a) Monitor, review, and make recommendations regarding the 
     operation of law enforcement personnel and policies in 
     Kosovo, including communal police units;
       (b) Review, and make recommendations regarding the 
     recruitment, selection and training of communal police 
     officers and commanders;
       (c) Consider complaints regarding police practices filed by 
     individuals or national communities, and provided information 
     and recommendations to communal police commanders and the CIM 
     for consideration in their reviews of officer performance; 
     and
       (d) In the Kosovo Criminal Justice Commission only: In 
     consultation with designated local, Republic and Federal 
     police liaisons, monitor jurisdiction sharing in cases of 
     overlapping criminal jurisdiction between Kosovo, Republic 
     and Federal authorities.
       3. The membership of the Kosovo Criminal Justice Commission 
     and each Communal Criminal Justice Commission shall be 
     representative of the population and shall include:
       (a) In the Kosovo Criminal Justice Commission:
       (i) a representative of each commune;
       (ii) the head of the Kosovo CJA;
       (iii) a representative of each Republic and Federal law 
     enforcement component operating in Kosovo (for example, 
     Customs police and Border police);
       (iv) a representative of each national community;
       (v) a representative of the IM, during its period of 
     operation in Kosovo;
       (vi) a representative of the VJ border guard, as 
     appropriate;
       (vii) a representative of the MUP, as appropriate, while 
     present in Kosovo; and
       (viii) a representative of KFOR, as appropriate. (b) In the 
     Communal Criminal Justice Commissions:
       (i) the communal police commander;
       (ii) a representative of any Republic and Federal law 
     enforcement component operating in the commune;
       (iii) a representative of each national community;
       (iv) a civilian representative of the communal government;
       (v) a representative of the IM, during its period of 
     operation in Kosovo;
       (vi) a representative of the VJ border guard, who shall 
     have observer status, as appropriate; and
       (viii) A representative of KFOR, as appropriate.
       4. Each Criminal Justice Commission shall meet at least 
     monthly, or at the request of any Commission member.

                 Article V: Police Operations in Kosovo

       1. The communal police established by this Agreement shall 
     have exclusive law enforcement authority and jurisdiction and 
     shall be the only police presence in Kosovo following the 
     reduction and eventual withdrawal from Kosovo by the MUP, 
     with the exception of border police as specified in Article 
     VI and any support provided pursuant to Article I(3)(h).
       (a) During the transition to communal police, the remaining 
     MUP shall carry out only normal policing duties, and shall 
     draw down, pursuant to the schedule described in Chapter 7.
       (b) During the period of the phased drawdown of the MUP, 
     the MUP in Kosovo shall have authority to conduct only civil 
     police functions and shall be under the supervision and 
     control of the CIM. The IM may dismiss from service, or take 
     other appropriate disciplinary action against, MUP personnel 
     who obstruct implementation of this Agreement.
       2. Concurrent Law Enforcement in Kosovo.
       (a) Except as provided in Article V.1 and Article VI, 
     Federal and Republic law enforcement officials may only act 
     within Kosovo in cases of hot pursuit of a person suspected 
     of committing a serious criminal offense.
       (i) Federal and Republic authorities shall as soon as 
     practicable, but in no event later than one hour after their 
     entry into Kosovo while engaged in a hot pursuit, notify the 
     nearest Kosovo law enforcement officials that the pursuit has 
     crossed into Kosovo. Once notification has been made, further 
     pursuit and apprehension shall be coordinated with Kosovo law 
     enforcement. Following apprehension, suspects shall be placed 
     into the custody of the authorities originating the pursuit. 
     If the suspect has not been apprehended within four hours, 
     the original pursuing authorities shall cease their pursuit 
     and immediately depart Kosovo unless invited to continue 
     their pursuit by the CJA or the CIM.
       (ii) In the event the pursuit is of such short duration as 
     to preclude notification, Kosovo law enforcement officials 
     shall be notified

[[Page S5356]]

     that an apprehension has been made and shall be given access 
     to the detainee prior to his removal from Kosovo.
       (iii) Personnel engaged in hot pursuit under the provisions 
     of this Article may only be civilian police, may only carry 
     weapons appropriate for normal civilian police duties 
     (sidearms, and long-barreled weapons not to exceed 7.62mm), 
     may only travel in officially marked police vehicles, and may 
     not exceed a total of eight personnel at any one time. Travel 
     in armored personnel carriers by police engaged in hot 
     pursuit is strictly prohibited.
       (iv) The same rules shall apply to hot pursuit of suspects 
     by Kosovo law enforcement authorities to Federal territory 
     outside of Kosovo.
       (b) All Parties shall provide the highest degree of mutual 
     assistance in law enforcement matters in response to 
     reasonable requests.

             Article VI: Security on International Borders

       1. The Government of the FRY will maintain official border 
     crossings on its international borders (Albania and FYROM).
       2. Personnel from the organizations listed below may be 
     present along Kosovo's international borders and at 
     international border crossings, and may not act outside the 
     scope of the authorities specified in this Chapter.
       (a) Republic of Serbia Border Police.
       (i) The Border Police shall continue to exercise authority 
     to Kosovo's international border crossings and in connection 
     with the enforcement of Federal Republic of Yugoslavia 
     immigration laws. The total number of border police shall be 
     drawn down to 75 within 14 days of entry into force of this 
     Agreement.
       (ii) While maintaining the personnel threshold specified in 
     subparagraph (i), the ranks of the existing Border Police 
     units operating in Kosovo shall be supplemented by new 
     recruits so that they are representative of the Kosovo 
     population.
       (iii) All Border Police stationed in Kosovo must attend 
     police training at the Kosovo police academy within 18 months 
     of the entry into force of this Agreement.
       (b) Customs Officers.
       (i) The FRY Customs Service will continue to exercise 
     customs jurisdiction at Kosovo's official international 
     border crossings and in such customs warehouses as may be 
     necessary within Kosovo. The total number of customs 
     personnel shall be drawn down to 50 within 14 days of the 
     entry into force of this Agreement.
       (ii) Kosovar Albanian officers of the Customs Service shall 
     be trained and compensated by the FRY.
       (c) The CIM shall conduct a periodic review of customs and 
     border police requirements and shall have the authority to 
     increase or decrease the personnel ceilings described in 
     paragraphs (a)(i) and (b)(i) above to reflect operational 
     needs and to adjust the composition of individual customs 
     units.

                   Article VII: Arrest and Detention

       1. Except pursuant to Article V, Article I(3)(h), and 
     sections (a)-(b) of this paragraph, only officers of the 
     communal police shall have authority to arrest and detain 
     individuals in Kosovo. (a) Border Police officers shall have 
     authority within Kosovo to arrest and detain individuals who 
     have violated criminal provisions of the immigration laws.
       (b) Officers of the Customs Service shall have authority 
     within Kosovo to arrest and detain individuals for criminal 
     violations of the customs laws.
       2. Immediately upon making an arrest, the arresting officer 
     shall notify the nearest Communal Criminal Justice Commission 
     of the detention and the location of the detainee. He 
     subsequently shall transfer the detainee to the nearest 
     appropriate jail in Kosovo at the earliest opportunity.
       3. Officers may use reasonable and necessary force 
     proportionate to the circumstances to effect arrests and keep 
     suspects in custody.
       4. Kosovo and its constituent communes shall establish 
     jails and prisons to accommodate the detention of criminal 
     suspects and the imprisonment of individuals convicted of 
     violating the laws applicable in Kosovo. Prisons shall be 
     operated consistent with international standards. Access 
     shall be provided to international personnel, including 
     representatives of the International Committee of the Red 
     Cross.

                Article VIII: Administration of Justice

       1. Criminal Jurisdiction over Persons Arrested within 
     Kosovo.
       (a) Except in accordance with Article V and subparagraph 
     (b) of this paragraph, any person arrested within Kosovo 
     shall be subject to the jurisdiction of the Kosovo courts.
       (b) Any person arrested within Kosovo, in accordance with 
     the law and with this Agreement, by the Border Police or 
     Customs Police shall be subject to be jurisdiction of the FRY 
     courts. If there is no applicable court of the FRY to hear 
     the case, the Kosovo courts shall have jurisdiction.
       2. Prosecution of Crimes.
       (a) The CJA shall, in consultation with the CIM, appoint 
     and have the authority to remove the Chief Prosecutor.
       (b) The IM shall have the authority to monitor, observe, 
     inspect, and when necessary, direct the operations of the 
     Office of the Prosecutor and any and all related staff.

                Article IX: Final Authority to Interpret

       The CIM is the final authority regarding interpretation of 
     this Chapter and his determinations are binding on all 
     Parties and persons.

                               CHAPTER 3

                  Conduct and Supervision of Elections

                  Article I: Conditions for Elections

       1. The Parties shall ensure that conditions exist for the 
     organization of free and fair elections, which include but 
     are not limited to:
       (a) freedom of movement for all citizens;
       (b) an open and free political environment;
       (c) an environment conducive to the return of displaced 
     persons;
       (d) a safe and secure environment that ensures freedom of 
     assembly, association, and expression;
       (e) an electoral legal framework of rules and regulations 
     complying with OSCE commitments, which will be implemented by 
     a Central Election Commission, as set forth in Article III, 
     which is representative of the population of Kosovo in terms 
     of national communities and political parties; and
       (f) free media, effectively accessible to registered 
     political parties and candidates, and available to voters 
     throughout Kosovo.
       2. The Parties request the OSCE to certify when elections 
     will be effective under current conditions in Kosovo, and to 
     provide assistance to the Parties to create conditions for 
     free and fair elections.
       3. The Parties shall comply fully with Paragraphs 7 and 8 
     of the OSCE Copenhagen Document, which are attached to this 
     Chapter.

                      Article II: Role of the OSCE

       1. The Parties request the OSCE to adopt and put in place 
     an elections program for Kosovo and supervise elections as 
     set forth in this Agreement.
       2. The Parties request the OSCE to supervise, in a manner 
     to be determined by the OSCE and in cooperation with other 
     international organizations the OSCE deems necessary, the 
     preparation and conduct of elections for:
       (a) Members of the Kosovo Assembly;
       (b) Members of Communal Assemblies;
       (c) other officials popularly elected in Kosovo under this 
     Agreement and the laws and Constitution of Kosovo at the 
     discretion of the OSCE.
       3. The Parties request the OSCE to establish a Central 
     Election Commission in Kosovo (``the Commission'').
       4. Consistent with Article IV of Chapter 5, the first 
     elections shall be held within nine months of the entry into 
     force of this Agreement. The President of the Commission 
     shall decide, in consultation with the Parties, the exact 
     timing and order of elections for Kosovo political offices.

                Article III: Central Election Commission

       1. The Commission shall adopt electoral Rules and 
     Regulations on all matters necessary for the conduct of free 
     and fair elections in Kosovo, including rules relating to: 
     the eligibility and registration of candidates, parties, and 
     voters, including displaced persons and refugees; ensuring a 
     free and fair elections campaign; administrative and 
     technical preparation for elections including the 
     establishment, publication, and certification of election 
     results; and the role of international and domestic election 
     observers.
       2. The responsibilities of the Commission, as provided in 
     the electoral Rules and Regulations, shall include:
       (a) the preparation, conduct, and supervision of all 
     aspects of the electoral process, including development and 
     supervision of political party and voter registration, and 
     creation of secure and transparent procedures for production 
     and dissemination of ballots and sensitive election 
     materials, vote counts, tabulations, and publication of 
     elections results;
       (b) ensuring compliance with the electoral Rules and 
     Regulations established pursuant to this Agreement, including 
     establishing auxiliary bodies for this purpose as necessary;
       (c) ensuring that action is taken to remedy any violation 
     of any provision of this Agreement, including imposing 
     penalties such as removal from candidate or party lists, 
     against any person, candidate, political party, or body that 
     violates such provisions; and
       (d) accrediting observers, including personnel from 
     international organizations and foreign and domestic non-
     governmental organizations, and ensuring that the Parties 
     grant the accredited observers unimpeded access and movement.
       3. The Commission shall consist of a person appointed by 
     the Chairman-in-Office (CIO) of the OSCE, representatives of 
     all national communities, and representatives of political 
     parties in Kosovo selected by criteria to be determined by 
     the Commission. The person appointed by the CIO shall act as 
     the President of the Commission. The rules of procedure of 
     the Commission shall provide that in the exceptional 
     circumstance of an unresolved dispute within the Commission, 
     the decision of the President shall be final and binding.
       4. The Commission shall enjoy the right to establish 
     communication facilities, and to engage local and 
     administrative staff.

                               CHAPTER 4

                            Economic Issues

                               Article I

       1. The economy of Kosovo shall function in accordance with 
     free market principles.
       2. The authorities established to levy and collect taxes 
     and other charges are set forth in this Agreement. Except as 
     otherwise expressly provided, all authorities have the

[[Page S5357]]

     right to keep all revenues from their own taxes or other 
     charges consistent with this Agreement.
       3. Certain revenue from Kosovo taxes and duties shall 
     accrue to the Communes, taking into account the need for an 
     equalization of revenues between the Communes based on 
     objective criteria. The Assembly of Kosovo shall enact 
     appropriate non-discriminatory legislation for this purpose. 
     The Communes may also levy local taxes in accordance with 
     this Agreement.
       4. The Federal Republic of Yugoslavia shall be responsible 
     for the collection of all customs duties at international 
     borders in Kosovo. There shall be no impediments to the free 
     movement of persons, goods, services, and capital to and from 
     Kosovo.
       5. Federal authorities shall ensure that Kosovo receives a 
     proportionate and equitable share of benefits that may be 
     derived from international agreements concluded by the 
     Federal Republic and of Federal resources.
       6. Federal and other authorities shall within their 
     respective powers and responsibilities ensure the free 
     movement of persons, goods, services, and capital to Kosovo, 
     including from international sources. They shall in 
     particular allow access to Kosovo without discrimination for 
     person delivering such goods and services.
       7. If expressly required by an international donor or 
     lender, international contracts for reconstruction projects 
     shall be concluded by the authorities of the Federal Republic 
     of Yugoslavia, which shall establish appropriate mechanisms 
     to make such funds available to Kosovo authorities. Unless 
     precluded by the terms of contracts, all reconstruction 
     projects that exclusively concern Kosovo shall be managed and 
     implemented by the appropriate Kosovo authority.

                               Article II

       1. The Parties agree to reallocate ownership and resources 
     in accordance insofar as possible with the distribution of 
     powers and responsibilities set forth in this Agreement, in 
     the following areas:
       (a) government-owned assets (including educational 
     institutions, hospitals, natural resources, and production 
     facilities);
       (b) pension and social insurance contributions;
       (c) revenues to be distributed under Article 1.5; and
       (d) any other matters relating to economic relations 
     between the Parties not covered by this Agreement.
       2. The Parties agree to the creation of a Claim Settlement 
     Commission (CSC) to resolve all disputes between them on 
     matters referred to in paragraph 1.
       (a) The CSC shall consist of three experts designated by 
     Kosovo, three experts designated jointly by the Federal 
     Republic of Yugoslavia and the Republic of Serbia, and three 
     independent experts designated by the CIM.
       (b) The decisions of the CSC, which shall be taken by 
     majority vote, shall be final and binding. The Parties shall 
     implement them without delay.
       3. Authorities receiving ownership of public facilities 
     shall have the power to operate such facilities.

                               CHAPTER 4A

    Humanitarian Assistance, Reconstruction and Economic Development

       1. In parallel with the continuing full implementation of 
     this Agreement, urgent attention must be focused on meeting 
     the real humanitarian and economic needs of Kosovo in order 
     to help create the conditions for reconstruction and lasting 
     economic recovery. International assistance will be provided 
     without discrimination between national communities.
       2. The Parties welcome the willingness of the European 
     Commission working with the international community to co-
     ordinate international support for the parties' efforts. 
     Specifically, the European Commission will organize an 
     international donors' conference within one month of entry 
     into force of this Agreement.
       3. The international community will provide immediate and 
     unconditional humanitarian assistance, focusing primarily on 
     refugees and internally displaced persons returning to their 
     former homes. The Parties welcome and endorse the UNHCR's 
     lead role in co-ordination of this effort, and endorse its 
     intention, in close co-operation with the Implementation 
     Mission, to plan an early, peaceful, orderly and phased 
     return of refugees and displaced persons in conditions of 
     safety and dignity.
       4. The international community will provide the means for 
     the rapid improvement of living conditions for the population 
     of Kosovo through the reconstruction and rehabilitation of 
     housing and local infrastructure (including water, energy, 
     health and local education infrastructure) based on damage 
     assessment surveys.
       5. Assistance will also be provided to support the 
     establishment and development of the institutional and 
     legislative framework laid down in this Agreement, including 
     local governance and tax settlement, and to reinforce civil 
     society, culture and education. Social welfare will also be 
     addressed, with priority given to the protection of 
     vulnerable social groups.
       6. It will also be vital to lay the foundations for 
     sustained development, based on a revival of the local 
     economy. This must take account of the need to address 
     unemployment, and to stimulate the economy by a range of 
     mechanisms. The European Commission will be giving urgent 
     attention to this.
       7. International assistance, with the exception of 
     humanitarian aid, will be subject to full compliance with 
     this Agreement as well as other conditions defined in advance 
     by the donors and the absorptive capacity of Kosovo.

                               CHAPTER 5

                            Implementation I

                        Article I: Institutions


                         Implementation Mission

       1. The Parties invite the OSCE, in cooperation with the 
     European Union, to constitute an Implementation Mission in 
     Kosovo. All responsibilities and powers previously vested in 
     the Kosovo Verification Mission and its Head by prior 
     agreements shall be continued in the Implementation Mission 
     and its Chief.


                            Joint Commission

       2. A Joint Commission shall serve as the central mechanism 
     for monitoring and coordinating the civilian implementation 
     of this Agreement. It shall consist of the Chief of the 
     Implementation Mission (CIM), one Federal and one Republic 
     representative, one representative of each national community 
     in Kosovo, the President of the Assembly, and a 
     representative of the President of Kosovo. Meetings of the 
     Joint Commission may be attended by other representatives of 
     organizations specified in this Agreement or needed for its 
     implementation.
       3. The CIM shall serve as the Chair of the Joint 
     Commission. The Chair shall coordinate and organize the work 
     of the Joint Commission and decide the time and place of its 
     meetings. The Parties shall abide by and fully implement the 
     decisions of the Joint Commission. The Joint Commission shall 
     operate on the basis of consensus, but in the event consensus 
     cannot be reached, the Chair's decision shall be final.
       4. The Chair shall have full and unimpeded access to all 
     places, persons, and information (including documents and 
     other records) within Kosovo that in his judgment are 
     necessary to his responsibilities with regard to the civilian 
     aspects of this Agreement.


                    joint council and local councils

       5. The CIM may, as necessary, establish a Kosovo Joint 
     Council and Local Councils, for informal dispute resolution 
     and cooperation. The Kosovo Joint Council would consist of 
     one member from each of the national communities in Kosovo. 
     Local Councils would consist of representatives of each 
     national community living in the locality where the Local 
     Council is established.

                Article II: Responsibilities and Powers

       1. The CIM shall:
       (a) supervise and direct the implementation of the civilian 
     aspects of this Agreement pursuant to a schedule that he 
     shall specify;
       (b) maintain close contact with the Parties to promote full 
     compliance with those aspects of this Agreement;
       (c) facilitate, as he deems necessary, the resolution of 
     difficulties arising in connection with such implementation;
       (d) participate in meetings of donor organizations, 
     including on issues of rehabilitation and reconstruction, in 
     particular by putting forward proposals and identifying 
     priorities for their consideration as appropriate;
       (e) coordinate the activities of civilian organizations and 
     agencies in Kosovo assisting in the implementation of the 
     civilian aspects of this Agreement, respecting fully their 
     specific organizational procedures;
       (f) report periodically to the bodies responsible for 
     constituting the Mission on progress in the implementation of 
     the civilian aspects of this Agreement; and
       (g) carry out the functions specified in this Agreement 
     pertaining to police and security forces.
       2. The CIM shall also carry out other responsibilities set 
     forth in this Agreement or as may be later agreed.

             Article III: Status of Implementation Mission

       1. Implementation Mission personnel shall be allowed 
     unrestricted movement and access into and throughout Kosovo 
     at any time.
       2. The Parties shall facilitate the operations of the 
     Implementation Mission, including by the provision of 
     assistance as requested with regard to transportation, 
     subsistence, accommodation, communication, and other 
     facilities.
       3. The Implementation Mission shall enjoy such legal 
     capacity as may be necessary for the exercise of its 
     functions under the laws and regulations of Kosovo, the 
     Federal Republic of Yugoslavia, and the Republic of Serbia. 
     Such legal capacity shall include the capacity to contract, 
     and to acquire and dispose of real and personal property.
       4. Privileges and immunities are hereby accorded as follows 
     to the Implementation Mission and associated personnel:
       (a) the Implementation Mission and its premises, archives, 
     and other property shall enjoy the same privileges and 
     immunities as a diplomatic mission under the Vienna 
     Convention on Diplomatic Relations;
       (b) the CIM and professional members of his staff and their 
     families shall enjoy the same privileges and immunities as 
     are enjoyed by diplomatic agents and their families under the 
     Vienna Convention on Diplomatic Relations; and
       (c) other members of the Implementation Mission staff and 
     their families shall enjoy the same privileges and immunities 
     as are

[[Page S5358]]

     enjoyed by members of the administrative and technical staff 
     and their families under the Vienna Convention on Diplomatic 
     Relations.

                 Article IV: Process of Implementation


                                General

       1. The Parties acknowledge that complete implementation 
     will require political acts and measures, and the election 
     and establishment of institutions and bodies set forth in 
     this Agreement. The Parties agree to proceed expeditiously 
     with these tasks on a schedule set by the Joint Commission. 
     The Parties shall provide active support, cooperation, and 
     participation for the successful implementation of this 
     Agreement.


                          election and census

       2. Within nine months of the entry into force of this 
     Agreement, there shall be elections in accordance with and 
     pursuant to procedures specified in Chapter 3 of this 
     Agreement for authorities established herein, according to a 
     voter list prepared to international standards by the Central 
     Election Commission. The Organization for Security and 
     Cooperation in Europe (OSCE) shall supervise those elections 
     to ensure that they are free and fair.
       3. Under the supervision of the OSCE and with the 
     participation of Kosovo authorities and experts nominated by 
     and belonging to the national communities of Kosovo, Federal 
     authorities shall conduct an objective and free census of the 
     population in Kosovo under rules and regulations agreed with 
     the OSCE in accordance with international standards. The 
     census shall be carried out when the OSCE determines that 
     conditions allow an objective and accurate enumeration.
       (a) The first census shall be limited to name, place of 
     birth, place of usual residence and address, gender, age, 
     citizenship, national community, and religion.
       (b) The authorities of the Parties shall provide each other 
     and the OSCE with all records necessary to conduct the 
     census, including data about places of residence, 
     citizenship, voters' lists, and other information.


                        transitional provisions

       4. All laws and regulations in effect in Kosovo when this 
     Agreement enters into force shall remain in effect unless and 
     until replaced by laws or regulations adopted by a competent 
     body. All laws and regulations applicable in Kosovo that are 
     incompatible with this Agreement shall be presumed to have 
     been harmonized with this Agreement. In particular, martial 
     law in Kosovo is hereby revoked.
       5. Institutions currently in place in Kosovo shall remain 
     until superseded by bodies created by or in accordance with 
     this Agreement. The CIM may recommend to the appropriate 
     authorities the removal and appointment of officials and the 
     curtailment of operations of existing institutions in Kosovo 
     if he deems it necessary for the effective implementation of 
     this Agreement. If the action recommended is not taken in the 
     time requested, the Joint Commission may decide to take the 
     recommended action.
       6. Prior to the election of Kosovo officials pursuant to 
     this Agreement, the CIM shall take the measures necessary to 
     ensure the development and functioning of independent media 
     in keeping with international standards, including allocation 
     of radio and television frequencies.

                   Article V: Authority to Interpret

       The CIM shall be the final authority in theater regarding 
     interpretation of the civilian aspects of this Agreement, and 
     the Parties agree to abide by his determinations as binding 
     on all Parties and persons.

                               CHAPTER 6

                             The Ombudsman

                           Article I: General

       1. There shall be an Ombudsman, who shall monitor the 
     realization of the rights of members of national communities 
     and the protection of human rights and fundamental freedoms 
     in Kosovo. The Ombudsman shall have unimpeded access to any 
     person or place and shall have the right to appear and 
     intervene before any domestic, Federal, or (consistent with 
     the rules of such bodies) international authority upon his or 
     her request. No person, institution, or entity of the Parties 
     may interfere with the functions of the Ombudsman.
       2. The Ombudsman shall be an eminent person of high moral 
     standing who possesses a demonstrated commitment to human 
     rights and the rights of members of national communities. He 
     or she shall be nominated by the President of Kosovo and 
     shall be elected by the Assembly from a list of candidates 
     prepared by the President of the European Court of Human 
     Rights for a non-renewable three-year term. The Ombudsman 
     shall not be a citizen of any State or entity that was a part 
     of the former Yugoslavia, or of any neighboring State. 
     Pending the election of the President and the Assembly, the 
     CIM shall designate a person to serve as Ombudsman on an 
     interim basis who shall be succeeded by a person selected 
     pursuant to the procedure set forth in this paragraph.
       3. The Ombudsman shall be independently responsible for 
     choosing his or her own staff. He or she shall have two 
     Deputies. The Deputies shall each be drawn from different 
     national communities.
       (a) The salaries and expenses of the Ombudsman and his or 
     her staff shall be determined and paid the Kosovo Assembly. 
     The salaries and expenses shall be fully adequate to 
     implement the Ombudsman's mandate.
       (b) The Ombudsman and members of his or her staff shall not 
     be held criminally or civilly liable for any acts carried out 
     within the scope of their duties.

                        Article II: Jurisdiction

       1. The Ombudsman shall consider:
       (a) alleged or apparent violations of human rights and 
     fundamental freedoms in Kosovo, as provided in the 
     Constitutions of the Federal Republic of Yugoslavia and the 
     Republic of Serbia, and the European Convention for the 
     Protection of Human Rights and Fundamental Freedoms and the 
     Protocols thereto; and
       (b) alleged or apparent violations of the rights of members 
     of national communities specified in this Agreement.
       2. All persons in Kosovo shall have the right to submit the 
     complaints to the Ombudsman. The Parties agree not to take 
     any measures to punish persons who intend to submit or who 
     have submitted such allegations, or in any other way to deter 
     the exercise of this right.

                     Article III: Powers and Duties

       1. The Ombudsman shall investigate alleged violations 
     falling within the jurisdiction set forth in Article II.1. He 
     or she may act either on his or her own initiative or in 
     response to an allegation presented by any Party or person, 
     non-governmental organization, or group of individuals 
     claiming to be the victim of a violation or acting on behalf 
     of alleged victims who are deceased or missing. The work of 
     the Ombudsman shall be free of charge to the person 
     concerned.
       2. The Ombudsman shall have complete, unimpeded, and 
     immediate access to any person, place, or information upon 
     his or her request.
       (a) The Ombudsman shall have access to and may examine all 
     official documents, and he or she can require any person, 
     including officials of Kosovo, to cooperate by providing 
     relevant information, documents, and files.
       (b) The Ombudsman may attend administrative hearings and 
     meetings of other Kosovo institutions in order to gather 
     information.
       (c) The Ombudsman may examine facilities and places where 
     persons deprived of their liberty are detained, work, or are 
     otherwise located.
       (d) The Ombudsman and staff shall maintain the 
     confidentiality of all confidential information obtained by 
     them, unless the Ombudsman determines that such information 
     is evidence of a violation of rights falling within his or 
     her jurisdiction, in which case that information may be 
     revealed in public reports or appropriate legal proceedings.
       (e) The Parties undertake to ensure cooperation with the 
     Ombudsman's investigations. Willful and knowing failure to 
     comply shall be criminal offense prosecutable in any 
     jurisdiction of the Parties. Where an official impedes an 
     investigation by refusing to provide necessary information, 
     the Ombudsman shall contact that official's superior or the 
     public prosecutor for appropriate penal action to be taken in 
     accordance with the law.
       3. The Ombudsman shall issue findings and conclusions in 
     the form of a published report promptly after concluding an 
     investigation.
       (a) A Party, institution, or official identified by the 
     Ombudsman as a violator shall, within a period specified by 
     the Ombudsman, explain in writing how it will comply with any 
     prescriptions the Ombudsman may put forth for remedial 
     measures.
       (b) In the event that a person or entity does not comply 
     with the conclusions and recommendations of the Ombudsman, 
     the report shall be forwarded for further action to the Joint 
     Commission established by Chapter 5 of this Agreement, to the 
     President of the appropriate Party, and to any other 
     officials or institutions that the Ombudsman deems proper.

                               CHAPTER 7

                           Implementation II

                     Article I: General Obligations

       1. The Parties undertake to recreate, as quickly as 
     possible, normal conditions of life in Kosovo and to co-
     operate fully with each other and with all international 
     organizations, agencies, and non-governmental organizations 
     involved in the implementation of this Agreement. They 
     welcome the willingness of the international community to 
     send to the region a force to assist in the implementation of 
     this Agreement.
       a. The United Nations Security Council is invited to pass a 
     resolution under Chapter VII of the Charter endorsing and 
     adopting the arrangements set forth in this Chapter, 
     including the establishment of a multinational military 
     implementation force in Kosovo. The Parties invite NATO to 
     constitute and lead a military force to help ensure 
     compliance with the provisions of this Chapter. They also 
     reaffirm the sovereignty and territorial integrity of the 
     Federal Republic of Yugoslavia (FRY).
       b. The Parties agree that NATO will establish and deploy a 
     force (hereinafter ``KFOR'') which may be composed of ground, 
     air, and maritime units from NATO and non-NATO nations, 
     operating under the authority and subject to the direction 
     and the political control of the North Atlantic Council (NAC) 
     through the NATO chain of command. The Parties agree to 
     facilitate the deployment and operations of this force and 
     agree also to comply fully with all the obligations of this 
     Chapter.
       c. It is agreed that other States may assist in 
     implementing this Chapter. The Parties

[[Page S5359]]

     agree that the modalities of those States' participation will 
     be the subject of Agreement between such participating States 
     and NATO.
       2. The purposes of these obligations are as follows:
       a. to establish a durable cessation of hostilities. Other 
     than those Forces provided for in this Chapter, under no 
     circumstances shall any armed Forces enter, reenter, or 
     remain within Kosovo without the prior express consent of the 
     KFOR Commander (COMKFOR). For the purposes of this Chapter, 
     the term ``Forces'' includes all personnel and organizations 
     with military capability, including regular army, armed 
     civilian groups, paramilitary groups, air forces, national 
     guards, border police, army reserves, military police, 
     intelligence services, Ministry of Internal Affairs, Local, 
     Special, Riot and Anti-Terrorist Police, and any other groups 
     or individuals so designated by COMKFOR. The only exception 
     to the provisions of this paragraph is for civilian police 
     engaged in hot pursuit of a person suspected of committing a 
     serious criminal offense, as provided for in Chapter 2;
       b. to provide for the support and authorization of the KFOR 
     and in particular to authorize the KFOR to take such actions 
     as are required, including the use of necessary force, to 
     ensure compliance with this Chapter and the protection of the 
     KFOR, Implementation Mission (IM), and other international 
     organizations, agencies, and non-governmental organizations 
     involved in the implementation of this Agreement, and to 
     contribute to a secure environment;
       c. to provide, at no cost, the use of all facilities and 
     services required for the deployment, operations and support 
     of the KFOR.
       3. The Parties understand and agree that the obligations 
     undertaken in this Chapter shall apply equally to each Party. 
     Each Party shall be held individually responsible for 
     compliance with its obligations, and each agrees that delay 
     or failure to comply by one Party shall not constitute cause 
     for any other Party to fail to carry out its own obligations. 
     All Parties shall be equally subject to such enforcement 
     action by the KFOR as may be necessary to ensure 
     implementation of this Chapter in Kosovo and the protection 
     of the KFOR, IM, and other international organizations, 
     agencies, and non-governmental organizations involved in the 
     implementation of this Agreement.

                  Article II: Cessation of Hostilities

       1. The Parties shall, immediately upon entry into force of 
     this Agreement (EIF), refrain from committing any hostile or 
     provocative acts of any type against each other or against 
     any person in Kosovo. They shall not encourage or organize 
     hostile or provocative demonstrations.
       2. In carrying out the obligations set forth in paragraph 
     1, the Parties undertake in particular to cease the firing of 
     all weapons and explosive devices except as authorized by 
     COMKFOR. They shall not place any mines, barriers, 
     unauthorized checkpoints, observation posts (with the 
     exception of COMKFOR-approved border observation posts and 
     crossing points), or protective obstacles. Except as provided 
     in Chapter 2, the Parties shall not engage in any military, 
     security, or training-related activities, including ground, 
     air, or air defense operations, in or over Kosovo, without 
     the prior express approval of COMKFOR.
       3. Except for Border Guard forces (as provided for in 
     Article IV), no Party shall have Forces present within a 5 
     kilometer zone inward from the international border of the 
     FRY that is also the border of Kosovo (hereinafter ``the 
     Border Zone''). The Border Zone will be marked on the ground 
     by EIF + 14 days by VJ Border Guard personnel in accordance 
     with direction from IM. COMKFOR may determine small scale 
     reconfigurations for operational reasons.
       4. a. With the exception of civilian police performing 
     normal police duties as determined by the CIM, no Party shall 
     have Forces present within 5 kilometers of the Kosovo side of 
     the boundary of Kosovo with other parts of the FRY.
       b. The presence of any Forces within 5 kilometers of the 
     other side of that boundary shall be notified to COMKFOR; if, 
     in the judgment of COMKFOR, such presence threatens or would 
     threaten implementation of this Chapter in Kosovo, he shall 
     contact the authorities responsible for the Forces in 
     question and may require those Forces to withdraw from or 
     remain outside the area.
       5. No party shall conduct any reprisals, counter-attacks, 
     or any unilateral actions in response to violations of this 
     Chapter by another Party. The Parties shall respond to 
     alleged violations of this Chapter through the procedures 
     provided in Article XI.

 Article III: Redeployment, Withdrawal, and Demilitarization of Forces

       In order to disengage their Forces and to avoid any further 
     conflict, the Parties shall immediately upon EIF begin to re-
     deploy, withdraw, or demilitarize their Forces in accordance 
     with Articles IV, V, and VI.

                         Article IV: VJ Forces


                            I. VJ Army Units

       a. By K-Day + 5 days, all VJ Army units in Kosovo (with the 
     exception of those Forces specified in paragraph 2 of this 
     Article) shall have completed redeployment to the approved 
     cantonment sites listed at Appendix A to this Chapter. This 
     senior VJ commander in Kosovo shall confirm in writing to 
     COMKFOR by K-Day + 5 days that the VJ is in compliance and 
     provide the information required in Article VII below to take 
     account of withdrawals or other changes made during the 
     redeployment. This information shall be updated weekly.
       b. By K-Day + 30 days, the Chief of the VJ General Staff, 
     through the senior VJ commander in Kosovo, shall provide for 
     approval by COMKFOR a detailed plan for the phased withdrawal 
     of VJ Forces from Kosovo to other locations in Serbia to 
     ensure the following timelines are met:
       (1) By K-Day + 90 days, VJ authorities must, to the 
     satisfaction of COMKFOR, withdraw from Kosovo to other 
     locations in Serbia 50% of men and materiel and all 
     designated offensive assets. Such assets are taken to be: 
     main battle tanks; all other armored vehicles mounting 
     weapons greater than 12.7mm; and, all heavy weapons (vehicle 
     mounted or not) of over 82mm.
       (2) By K-Day + 180 days, all VJ Army personnel and 
     equipment (with the exception of those Forces specified in 
     paragraph 2 of this Article) shall be withdrawn from Kosovo 
     to other locations in Serbia.


                       2. VJ Border Guard Forces

       a. VJ Border Guard forces shall be permitted but limited to 
     a structure of 1500 members at pre-February 1998 Border Guard 
     Battalion facilities located in Djakovica, Prizren, and 
     Urosevac and subordinate facilities within the 5 kilometer 
     Border Zone, or at a limited number of existing facilities in 
     the immediate proximity of the Border Zone subject to the 
     prior approval of COMKFOR, with that number to be reached by 
     K-Day + 14 days. An additional number of VJ personnel--
     totaling no more than 1000 C2 and logistics forces--will be 
     permitted to remain in the approved cantonment sites listed 
     at Appendix A to fulfill brigade-level functions related only 
     to border security. After an initial 90 day period from K-
     Day, COMKFOR may at any time review the deployments of VJ 
     personnel and may require further adjustments to force level, 
     with the objective of reaching the minimum force structure 
     required for legitimate border security, as the security 
     situation and the conduct of Parties warrant.
       b. VJ elements in Kosovo shall be limited to weapons of 
     82mm and below. They shall possess neither armored vehicles 
     (other than wheeled vehicles mounting weapons of 12.7mm or 
     less) nor air defense weapons.
       c. VJ Border Guard units shall be permitted to patrol in 
     Kosovo only within the Border Zone and solely for purpose of 
     defending the border against external attack and maintaining 
     its integrity by preventing illicit border crossings. 
     Geographic terrain considerations may require Border Guard 
     maneuver inward of the Border Zone; any such maneuver shall 
     be coordinated with and approved by COMKFOR.
       d. With the exception of the Border Zone, VJ units may 
     travel through Kosovo only to reach duty stations and 
     garrisons in the Border Zone or approved cantonment sites. 
     Such travel may only be along routes and in accordance with 
     procedures that have been determined by COMKFOR after 
     consultation with the CIM, VJ unit commanders, communal 
     government authorities, and police commanders. These routes 
     and procedures will be determined by K-Day + 14 days, subject 
     to re-determination by COMKFOR at any time. VJ forces in 
     Kosovo but outside the Border Zone shall be permitted to act 
     only in self-defense in response to a hostile act pursuant to 
     Rules of Engagement (ROE) which will be approved by COMKFOR 
     in consultation with the CIM. When deployed in the Border 
     Zone, they will act in accordance with ROE established under 
     control of COMKFOR.
       e. VJ Border Guard forces may conduct training activities 
     only within the 5 kilometer Border Zone, and only with the 
     prior express approved of COMKFOR.


             3. Yugoslav air and air defense forces (yaadf)

       All aircraft, radars, surface-to-air missiles (including 
     man-portable air defense systems {MANPADS ) and anti-aircraft 
     artillery in Kosovo shall immediately upon EIF begin 
     withdrawing from Kosovo to other locations in Serbia outside 
     the 25 kilometer Mutual Safety Zone as defined in Article X. 
     This withdrawal shall be completed and reported by the senior 
     VJ commander in Kosovo to the appropriate NATO commander not 
     more than 10 days after EIF. The appropriate NATO commander 
     shall control and coordinate use of airspace over Kosovo 
     commencing at EIF as further specified in Article X. No air 
     defense systems, target tracking radars, or anti-aircraft 
     artillery shall be positioned or operated within Kosovo or 
     the 25 kilometer Mutual Safety Zone without the prior express 
     approval of the appropriate NATO commander.

                        Article V: Other Forces

       1. The actions of Forces in Kosovo other than KFOR, VJ, 
     MUP, or local police forces provided for in Chapter 2 
     (hereinafter referred to as ``Other Forces'') shall be in 
     accordance with this Article. Upon EIF, all Other Forces in 
     Kosovo must immediately observe the provisions of Article I, 
     paragraph 2, Article II, paragraph 1, and Article III and in 
     addition refrain from all hostile intent, military training 
     and formations, organization of demonstrations, and any 
     movement in either direction or smuggling across 
     international borders or the boundary between Kosovo and 
     other parts of the FRY. Furthermore, upon EIF, all Other 
     Forces in Kosovo must publicly commit themselves to 
     demilitarize on terms to be determined by

[[Page S5360]]

     COMKFOR, renounce violence, guarantee security of 
     international personnel, and respect the international 
     borders of the FRY and all terms of this Chapter.
       2. Except as approved by COMKFOR, from K-Day, all Other 
     Forces in Kosovo must not carry weapons:
       a. within 1 kilometer of VJ and MUP cantonments listed at 
     Appendix A;
       b. within 1 kilometer of the main roads as follows:
       (1) Pec--Lapusnik--Pristina.
       (2) border--Djakovica--Klina.
       (3) border--Prizren--Suva Rika--Pristina.
       (4) Djakovica--Orahovac--Lapusnik--Pristina.
       (5) Pec--Djakovica--Prizren--Urosevac--border.
       (6) border--Urosevac--Pristina--Podujevo--border.
       (7) Pristina--Kosovska Mitrovica--border.
       (8) Kosovka Mitrovica--(Rakos)--Pec.
       (9) Pec--Border with Montenegro (through Pozaj).
       (10) Pristina--Lisica--border with Serbia.
       (11) Pristina--Gnjilane--Urosevac.
       (12) Gnjilane--Veliki Trnovac--border with Serbia.
       (13) Prizren--Doganovic.
       c. within 1 kilometer of the Border Zone;
       d. in any other areas designated by COMKFOR.
       3. By K-Day+5 days, all Other Forces must abandon and close 
     all fighting positions, entrenchments, and checkpoints.
       4. By K-Day+5 days, all Other Forces' commanders designated 
     by COMKFOR shall report completion of the above requirements 
     in the format at Article VII to COMKFOR and continue to 
     provide weekly detailed status reports until demilitarization 
     is complete.
       5. COMKFOR will establish procedures for demilitarization 
     and monitoring of Other Forces in Kosovo and for the further 
     regulation of their activities. These procedures will be 
     established to facilitate a phased demilitarization program 
     as follows:
       a. By K-Day+5 days, all Other Forces shall establish secure 
     weapons storage sites, which shall be registered with and 
     verified by the KFOR;
       b. By K-Day+30 days, all Other Forces shall store all 
     prohibited weapons (any weapon 12.7mm or larger, any anti-
     tank or anti-aircraft weapons, grenades, mines or explosives) 
     and automatic weapons in the registered weapons storage 
     sites. Other Forces commanders shall confirm completion of 
     weapons storage to COMKFOR no later than K-Day+30 days;
       c. By K-Day+30 days, all Other Forces shall cease wearing 
     military uniforms and insignia, and cease carrying prohibited 
     weapons and automatic weapons;
       d. By K-Day+90 days, authority for storage sites shall pass 
     to the KFOR. After this date, it shall be illegal for Other 
     Forces to possess prohibited weapons and automatic weapons, 
     and such weapons shall be subject to confiscation by the 
     KFOR;
       e. By K-Day+120 days, demilitarization of all Other Forces 
     shall be completed.
       6. By EIF+30 days, subject to arrangements by COMKFOR is 
     necessary, all Other Forces personnel who are not of local 
     origin, whether or not they are legally within Kosovo, 
     including individual advisors, freedom fighters, trainers, 
     volunteers, and personnel from neighboring and other States, 
     shall be withdrawn from Kosovo.

                            Article VI: MUP

       1. Ministry of Interior Police (MUP) is defined as all 
     police and public security units and personnel under the 
     control of Federal or Republic authorities except for the 
     border police referred to in Chapter 2 and police academy 
     students and personnel at the training school in Vucitrn 
     referred to in Chapter 2. The CIM, in consultation with 
     COMKFOR, shall have the discretion to exempt any public 
     security units from this definition if he determines that it 
     is in the public interest (e.g. firefighters).
       a. By K-Day+5 days, all MUP units in Kosovo (with the 
     exception of the border police referred to in Chapter 2) 
     shall have completed redeployment to the approved cantonment 
     sites listed at Appendix A to this Chapter or to garrisons 
     outside Kosovo. The senior MUP commander in Kosovo or his 
     representatives shall confirm in writing by K-Day+5 days to 
     COMKFOR and the CIM that the MUP is in compliance and update 
     the information required in Article VII to take account of 
     withdrawals or other changes made during the redeployment. 
     This information shall be updated weekly. Resumption of 
     normal communal police patrolling will be permitted under the 
     supervision and control of the IM and as specifically 
     approved by the CIM in consultation with COMKFOR, and will be 
     contingent on compliance with the terms of this Agreement.
       b. Immediately upon EIF, the following withdrawals shall 
     begin:
       (1) By K-Day+5 days, those MUP units not assigned to Kosovo 
     to 1 February 1998 shall withdraw all personnel and equipment 
     from Kosovo to other locations in Serbia.
       (2) By K-Day+20 days, all Special Police, including PJP, 
     SAJ, and JSO forces, and their equipment shall be withdrawn 
     from their cantonment sites out of Kosovo to other locations 
     in Serbia. Additionally, all MUP offensive assets (designated 
     as armored vehicles mounting weapons 12.7mm or larger, and 
     all heavy weapons {vehicle mounted or not  of over 82mm) 
     shall be withdrawn.
       c. By K-Day+30 days, the senior MUP commander shall provide 
     for approval by COMKFOR, in consultation with the CIM, a 
     detailed plan for the phased drawdown of the remainder of MUP 
     forces. In the event that COMKFOR, in consultation with the 
     CIM, does not approve the plan, he has the authority to issue 
     his own binding plan for further MUP drawdowns. The CIM will 
     decide at the same time when the remaining MUP units will 
     wear new insignia. In any case, the following time-table must 
     be met:
       (1) by K-Day+60 days, 50% drawdown of the remaining MUP 
     units including reservists. The CIM after consultations with 
     COMKFOR shall have the discretion to extend this deadline for 
     up to K-Day+90 days if he judges there to be a risk of a law 
     enforcement vacuum;
       (2) by K-Day+120 days, further drawdown to 2500 MUP. The 
     CIM after consultations with COMKFOR shall have the 
     discretion to extend this deadline for up to K-Day+180 days 
     to meet operational needs;
       (3) transition to communal police force shall begin as 
     Kosovar police are trained and able to assume their duties. 
     The CIM shall organize this transition between MUP and 
     communal police;
       (4) in any event, by EIF+one year, all Ministry, of 
     Interior Civil Police shall be drawn down to zero. The CIM 
     shall have the discretion to extend this deadline for up to 
     an additional 12 months to meet operational needs.
       d. The 2500 MUP allowed by this Chapter and referred to in 
     Article V.1(a) of Chapter 2 shall have authority only for 
     civil police functions and be under the supervision and 
     control of the CIM.

                       Article VII: Notifications

       1. By K-Day+5 days, the Parties shall furnish the following 
     specific information regarding the status of all conventional 
     military; all police, including military police, Department 
     of Public Security Police, special police; paramilitary; and 
     all Other Forces in Kosovo, and shall update the COMKFOR 
     weekly on changes in this information:
       a. location, disposition, and strengths of all military and 
     special police units referred to above;
       b. quantity and type of weaponry of 12.7mm and above, and 
     ammunition for such weaponry, including location of 
     cantonments and supply depots and storage sites;
       c. positions and descriptions of any surface-to-air 
     missiles/launchers, including mobile systems, anti-aircraft 
     artillery, supporting radars, and associated command and 
     control systems;
       d. positions and descriptions of all miners, unexploded 
     ordnance, explosive devices, demolitions, obstacles, booby 
     traps, wire entanglements, physical or military hazards to 
     the safe movement of any personnel in Kosovo, weapons 
     systems, vehicles, or any other military equipment; and
       e. any further information of a military or security nature 
     requested by the COMKFOR.

           Article VIII: Operations and Authority of the KFOR

       1. Consistent with the general obligations of Article I, 
     the Parties understand and agree that the KFOR will deploy 
     and operate without hindrance and with the authority to take 
     all necessary action to help ensure compliance with this 
     Chapter.
       2. The Parties understand and agree that the KFOR shall 
     have the right:
       a. to monitor and help ensure compliance by all Parties 
     with this Chapter and to respond promptly to any violations 
     and restore compliance, using military force if required. 
     This includes necessary action to:
       1) enforce VJ and MUP reductions; 2) enforce 
     demilitarization of Other Forces; 3) enforce restrictions of 
     all VJ, MUP and Other Forces' activities, movement and 
     training in Kosovo;
       b. to establish liaison arrangements with IM, and support 
     IM as appropriate;
       c. to establish liaison arrangements with local Kosovo 
     authorities, with Other Forces, and with FRY and Serbian 
     civil and military authorities;
       d. to observe, monitor, and inspect any and all facilities 
     or activities in Kosovo, including within the Border Zone, 
     that the COMKFOR believes has or may have military 
     capability, or are or may be associated with the employment 
     of military or police capabilities, or are otherwise relevant 
     to compliance with this Chapter;
       e. to require the Parties to mark and clear minefields and 
     obstacles and to monitor their performance;
       f. to require the Parties to participate in the Joint 
     Military Commission and its subordinate military commissions 
     as described in Article XI.
       3. The Parties understand and agree that the KFOR shall 
     have the right to fulfill its supporting tasks, within the 
     limits of its assigned principal tasks, its capabilities, and 
     available resources, and as directed by the NAC, which 
     include the following:
       a. to help create secure conditions for the conduct by 
     others of other tasks associated with this Agreement, 
     including free and fair elections;
       b. to assist the movement of organizations in the 
     accomplishment of humanitarian missions;
       c. to assist international agencies in fulfilling their 
     responsibilities in Kosovo;
       d. to observe and prevent interference with the movement of 
     civilian populations, refugees, and displaced persons, and to 
     respond appropriately to deliberate threat to life and 
     person.

[[Page S5361]]

       4. The Parties understand and agree that further directives 
     from the NAC may establish additional duties and 
     responsibilities for the KFOR in implementing this Chapter.
       5. KFOR operations shall be governed by the following 
     provisions:
       a. KFOR and its personnel shall have the legal status, 
     rights, and obligations specified in Appendix B to this 
     Chapter;
       b. the KFOR shall have the right to use all necessary means 
     to ensure its full ability to communicate and shall have the 
     right to the unrestricted use of the entire electromagnetic 
     spectrum. In implementing this right, the KFOR shall make 
     reasonable efforts to coordinate with the appropriate 
     authorities of the Parties;
       c. The KFOR shall have the right to control and regulate 
     surface traffic throughout Kosovo including the movement of 
     the Forces of the Parties. All military training activities 
     and movements in Kosovo must be authorized in advance by 
     COMKFOR;
       d. The KFOR shall have complete and unimpeded freedom of 
     movement by ground, air, and water into and throughout 
     Kosovo. It shall in Kosovo have the right to bivouac, 
     maneuver, billet, and utilize any areas or facilities to 
     carry out its responsibilities as required for its support, 
     training, and operations, with such advance notice as may be 
     practicable. Neither the KFOR nor any of its personnel shall 
     be liable for any damages to public or private property that 
     they may cause in the course of duties related to the 
     implementation of this Chapter. Roadblocks, checkpoints, or 
     other impediments to KFOR freedom of movement shall 
     constitute a breach of this Chapter and the violating Party 
     shall be subject to military action by the KFOR, including 
     the use of necessary force to ensure compliance with its 
     Chapter.
       6. The Parties understand and agree that COMKFOR shall have 
     the authority, without interference or permission of any 
     Party, to do all that he judges necessary and proper, 
     including the use of military force, to protect the KFOR and 
     the IM, and to carry out the responsibilities listed in this 
     Chapter. The Parties shall comply in all respects with KFOR 
     instructions and requirements.
       7. Notwithstanding any other provision of this Chapter, the 
     Parties understand and agree that COMKFOR has the right and 
     is authorized to compel the removal, withdrawal, or 
     relocation of specific Forces and weapons, and to order the 
     cessation of any activities whenever the COMKFOR determines 
     such Forces, weapons, or activities to constitute a threat or 
     potential threat to either the KFOR or its mission, or to 
     another Party. Forces failing to redeploy, withdraw, 
     relocate, or to cease threatening or potentially threatening 
     activities following such a demand by the KFOR shall be 
     subject to military action by the KFOR, including the use of 
     necessary force, to ensure compliance, consistent with the 
     terms set forth in Article I, paragraph 3.

                       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 (IADS) 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 liaison shall 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.

       Articile 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 424936NO205227E.
       (d) Kosovska Mitrovica 425315NO205227E.
       (e) Gnjilane NE 422807NO212845E.
       (f) Urosevac 422233NO210753E.
       (g) Prizren 421315NO204504E.
       (h) Djakovica SW 422212NO202530E.
       (i) Pec 423910NO201728E.
       (j) Pristina Explosive Storage Fac 423636NO211225E.
       (k) Pristina Ammo Depot SW 423518NO205923E.
       (l) Pristina Ammo Depot 510 424211NO211056E.

[[Page S5362]]

       (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 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 SUP's. 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 425300NO205200E.
       (1) Kosovska Mitrovica (2 locations)
       (2) Leprosavic
       (3) Srbica
       (4) Vucitrin
       (5) Zubin Potok
       (b) Pristina SUP 424000NO211000E.
       (1) Pristina (6 locations)
       (2) Glogovac
       (3) Kosovo Polje
       (4) Lipjan
       (5) Obilic
       (6) Podujevo
       (c) Pec SUP 423900NO201800E.
       (1) Pec (2 locations)
       (2) Klina
       (3) Istok
       (4) Malisevo
       (d) Djakovica SUP 422300NO202600E.
       (1) Djakovica (2 locations)
       (2) Decani
       (e) Urosevac SUP 422200NO2111000E.
       (1) Urosevac (2 locations)
       (2) Stimlje
       (3) Strpce
       (4) Kacanik
       (f) Gnjilane SUP 422800NO212900E.
       (1) Gnjilane (2 locations)
       (2) Kamenica
       (3) Vitina
       (4) Kosovska
       (5) Novo Brdo
       (g) Prizren SUP 421300NO204500E.
       (1) Prizxen (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 meetings 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 mililtary, 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:
       (1) 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 posses 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 electro-magnetic spectrum for this purpose, 
     free of cost. In implementing this right, NATO shall

[[Page S5363]]

     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 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.

                               CHAPTER 8

         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.

  Mr. NICKLES. I further ask unanimous consent that in the permanent 
Congressional Record, the text of the agreement be printed immediately 
following my remarks of May 3, 1999.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LAUTENBERG. Mr. President, I send an amendment to the desk.
  Mr. HATCH. Mr. President, I object.
  Mr. LAUTENBERG. I ask unanimous consent to be permitted to do that.
  The PRESIDING OFFICER. Is there objection? The Senator from Utah?
  Mr. HATCH. I object.
  The PRESIDING OFFICER. Objection is heard.
  Mr. LEAHY addressed the Chair.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. LEAHY. Mr. President, 2 minutes ago the distinguished Senator 
from Utah had made the suggestion, another unanimous consent request, 
that Senators bring up things even if Senators were not available on 
the other side of an issue to speak, and that that Senator be given 
equal time on Monday or sometime prior to the vote. I might ask the 
Chair, is there such a unanimous consent pending? Am I perhaps stating 
it too broadly?
  The PRESIDING OFFICER. There were two amendments authorized to be 
offered with the understanding, the proviso, that they would have 
adequate time on Monday. There was, further, an additional granting of 
the request of the Senator from California that her amendment to be 
considered. But it does take consent for further amendments to be 
offered at this time.
  Mr. LEAHY. I thank the Chair. I note the Senator from New Jersey is 
within his rights to make such a request. The Senator from Utah is 
within his rights to object to it.
  Mr. President, I note the distinguished majority leader was on the 
floor earlier, urging we move forward on this legislation, that we try 
to get as much done as possible today and Monday, a position both the 
distinguished Senator from Utah and I joined. I suspect the two of us 
have probably worked more hours than anybody else in this body to bring 
that about. But there are not an awful lot of Senators around here 
waiting to be heard. I urge the majority, they may well allow Senators 
like Senator Lautenberg or others who have amendments to bring them up, 
discuss them, have some debate on them, and then if there are those who 
wish to oppose those amendments, they would of course have an equal 
amount of time on Monday to do that. Otherwise, of course, the Senator 
from New Jersey can bring it up Monday.
  But you cannot keep holding it off with the idea that maybe it will 
only come up at the time of the vote on Tuesday, because that would be, 
in effect, a debate cloture on the part of the Republican side that 
would say even if it was a serious matter they would only get 2.5 
minutes of debate.
  I know the distinguished senior Senator from Utah is a fair person. I 
think he would perhaps agree that 2.5 minutes debate is not quite 
enough on major amendments. I hope they will find in their heart to 
allow the distinguished senior Senator from New Jersey to bring up his 
amendment. Clearly, he is going to be allowed to bring it up sometime 
prior to the vote on it.
  I yield the floor.
  Several Senators addressed the Chair.
  The PRESIDING OFFICER (Mr. Bunning). The Senator from Utah.
  Mr. HATCH. Mr. President, when I suggested equal time, it was on 
those particular amendments because of the need for certain Senators to 
be here on those particular amendments. Earlier this morning, Senator 
Lautenberg desired to call up his amendment and I respectfully 
requested that he reserve bringing it up until Monday because there are 
people gone who will not have an opportunity, who have asked me--who 
believed these amendments would not be brought up, who asked me to 
protect their right to be here when the amendments are brought up. As a 
courtesy, I ask him not to bring up the amendment. So I have no 
alternative other than to object to it.
  We have had six amendments brought up. It is our turn on our side to 
present an amendment. I think we are making progress. But we should 
honor, to the best of our abilities on each side--the request of some 
of our colleagues that they might be here on amendments they consider 
to be important to them, especially since this is a Friday and almost 
everybody left believing we would not do much more today.

  Be that as it may, that is why I have to object. I have objected and 
I will object to certain amendments where I have to protect people on 
our side, as I would expect the distinguished Senator from Vermont to 
object if we tried to bring up an amendment when Senators on his side 
could not be here to respond.
  I have another amendment for our side to bring up at this time. It is 
an amendment on the part of Senator Sessions and Senator Robb and 
Senator Allard. I send the amendment to the desk and ask for its 
immediate consideration.

[[Page S5364]]

  Mr. LEAHY. I object.
  The PRESIDING OFFICER. Objection is heard.
  Several Senators addressed the Chair.

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