DOCUMENTSAMERICAN DRAFT DOCUMENTVersion 2This document was published in KOHA Ditore on October 7, 1998. According toKOHA Ditore sources, it was the draft made by the American mediators in theKosovar crisis, presented and adopted by the Contact Group meeting inLondon.NTRODUCTION1. All citizens in Kosovo have equal rights and duties as set forth in thisAgreement in Kosovo, members of each national community have additionalrights as set forthbelow.2. Nothing in this Agreement shall be interpreted as authority or Federaland Republic organs to intervene in the work of the organs of Kosovo. Theareas of competence of the respective organs shall be defined in thisAgreement.3. The organs of Kosovo shall follow principles of full respect for humanrights, democracy, and national communities.4. Citizens in Kosovo shall enjoy, without limitation, human and democraticrights and shall be given the opportunity to be represented in all organsof authority.5. Every person in Kosovo shall have the right to apply to internationalinstitutions, including the European Court of Human Rights, for theprotection of their rights in accordance with the procedures of suchinstitutions.6. Each side will implement the Agreement in accordance with its proceduresincluding for the Republic of Serbia and the Federal Republic of Yugoslaviatheir respective legal systems, and international standards, including theHelsinki Final Act.II. RIGHTS AND DUTIES OF CITIZENS IN KOSOVO1. Kosovo shall retain its current boundaries.2. Persons in Kosovo shall concern themselves democratically throughlegislative, executive, and judicial organs established in this Agreement.The rights and duties of citizens in Kosovo will include the right todemocratic-government and to participate in free and fair elections.3. The basic unit of government will be the communes. All responsibilitiesnot expressly assigned elsewhere by this Agreement will be theresponsibility of the communes.4. The Federal authorities will have responsibility in Kosovo forterritorial integrity, maintaining a common market within the FederalRepublic of Yugoslavia, monetary policy, defense, foreign policy consistentwith the Constitution of the Federal Republic of Yugoslavia, customsservices, and other functions specified in the Agreement.5. The organs of Kosovo shall not interfere in the additional rightsdescribed in Part 3 of this Agreement.III. RIGHTS OF NATIONAL COMMUNITIES1. Members of the national communities shall have additional rightsdetermined by this Agreement in order to preserve and express theirnational, cultural, religious, and linguistic identities in accordance withinternational standards and the Helsinki Final Act.2. The national communities shall be legally equal and shall not use theiradditional rights as to endanger the rights of other national communitiesor the rights of citizens.3. Each national community shall select through democratic means, inaccordance with procedures it shall decide, a National Council toadminister the affairs of the community in Kosovo. Each Council willestablish its own executive organs and procedures.4. The national communities shall be subject to decisions of the Assemblyof Kosovo, provided that any decisions concerning national communities mustbe nondiscriminatory.The Assembly shall decide upon a procedure for resolving disputes betweennational communities.5. The additional rights of the national communities are to:(i) preserve and protect their national cultures, including by:using their languages and alphabets.inscribing local names of towns and villages, of squares and streets, andof other topographic names in the language and alphabet of the nationalcommunity, consistent with decisions about style made by the communalorgans.providing information in the language and alphabet of the nationalcommunity.establishing educational, cultural and religious associations, for whichrelevant authorities will provide financial assistance.enjoying unhindered contacts with their respective national communitiesoutside of the Federal Republic of Yugoslavia.using and displaying national symbols.providing for education, in particular for schooling in their own languageand alphabet and in national culture and history.protecting national practices on family law by, if the community decides,arranging rules in the field of heritage, family, and matrimonialrelations; tutorship and adoption.the preservation of sites or religious, historical, or cultural importance.implementing public health and social services.operating religious institutions in cooperation with religious authorities.(ii) adopt procedures for dispute resolution, as provided in ArticleV(1)(b) of this Agreement;(iii) be guaranteed at least one radio and TV frequency, which it shalladminister subject to non-discriminatory, technical standards;(iv) finance activities of the national communities by collecting charges aNational Council decides to levy on members of its own community.6. Members of national communities will also be guaranteed:the right to participate in regional and international non-governmentalorganizations in accordance with procedures of these organizations; andequal access to employment in public services.IV. THE ORGANS OF KOSOVOPART I: GENERAL1. The organs of Kosovo are the Assembly, the Chairman, the Government, theAdministrative Organs, and the Ombudsman.The Assembly2. The Assembly.(a) (i) The Assembly shall comprise ( )Members, of which ( ) Members shallbe directly elected in accordance with Article VII(4). (ii) The remaining () Members shall be allocated among the national communities with at least ()% of the population, each of which shall elect Members democraticallyaccording to its own procedure.(b) The Assembly shall he responsible for enacting all decisions of Kosovo,including those regulating relations in political, economic, social, andcultural areas consistent with this Agreement. Its areas of responsibilityinclude:The adoption of the organic documents of Kosovo;The adoption of regulations on the organization and procedures of theorgans of Kosovo;The adoption of budgets and annual accounts of the Organs of theGovernment;Cooperation with Federal and Republic authorities;Ensuring freedom of movement;Financing activities of the Organs of the Provisional Government;Coordination among communes or national communities when necessary,including the enactment of laws or decisions necessary and property forinter-communal issues; andConfirmation of the members of the Governing Board and judges of thecourts.(c) Decisions of the Assembly shall be taken by majority of those presentand voting, except as provided in paragraph(d).(d) When a majority of the Members of a national community covered byparagraph (a)(ii) assert that a proposed decision affects the vitalinterests of their national community, that decision shall require forapproval a majority that includes the majority of the Members present andvoting from the affected national community. If a majority of Members fromthe asserting community is not present and voting, the regular voting ruleshall apply.(e) A procedure for resolving disputes over the sue of the procedureestablished in paragraph (d) will be agreed.(f) A majority of Members present shall constitute a quorum.(g) The Assembly will decide its own rules of procedure and select itsofficers. Each national community covered by paragraph (a)(ii) shall berepresented in the leadership.The Presidency of the Assembly shall rotate each term of office among thosenational communities in alphabetical order but may not be from the samenational community as the Chairman.The Chairman3. There shall be a Chairman, who shall be directly elected.(a) The Chairman shall be responsible for:Chairing meetings of the Government-Representing all persons in Kosovo before any international Federal, orRepublic body, with the President of the Assembly when required by thisAgreement.Meeting regularly with the National Councils and with other representativesof the national communities and other persons.Conducting foreign relations consistent with the Constitution of theFederal Republic of Yugoslavia.Signing agreements on behalf of Kosovo after they are approved by theAssembly.Serving on the Joint Implementation Commission established by thisAgreement.Meeting regularly with the president of the Federal Republic of Yugoslavia,the President of Montenegro, and the President of Serbia to discuss issuesof mutual concern.Government4. Executive power shall be exercised by the Government.(a) The Government shall comprise ( ) Members, including at less one personfrom each national community.(b) The Government shall be responsible for implementing and enforcingdecisions of the Assembly and, when devolved to their competences, of othergovernmental organs.(c) Decisions of the Government shall require a majority of members presentand voting. The Government shall otherwise decide its own rules ofprocedure.Ombudsman6. (a) There shall be an Ombudsman of Kosovo, who shall monitor theimplementation of this Agreement, particularly with regard to the rights ofthe national communities.(b) The selection, term, and termination of the Ombudsman shall be setforth in the Agreement.(a) The Ombudsman shall have complete, unimpeded and immediate access toany person, place, or information upon his or her request. He or she shallhave the right to intervene before any Federal or other domestic authorityupon his or her request.PART 11: THE COMMUNES1. Kosovo shall have ( ) communes, with boundaries determined by2. Communes may by mutual agreement form self-administering regionscomprising multiple communes.3. Each commune shall have a Council and such executive bodies as eachCouncil may establish. Each national community with at least ( )% of thepopulation of the commune shall be represented on the Council in proportionto its share of the regional population or by one member, whichever isgreater.4. The communes shall have exclusive responsibility for carrying outtypical function of local and regional government, including:Providing law enforcement, including criminal investigations, prosecution,and punishment.Regulating and, when appropriate, providing childcare.Establishing and regulating the work of medical institutions and hospitals.Special arrangements will be made for institutions owned by governmententities.Protecting the environment.Regulating commerce and privately owned stores.Regulating hunting and fishing.Planning and carrying out public works of communal or Kosovo-wideterritorial importance, including roads and water supplies.Regulating land use, town planning, building regulations and housingconstruction.Designing and implementing programs of economic, scientific, technological,demographic, regional and social development, and programs for thedevelopment of agriculture and of rural areas.Developing programs for tourism, the hotel industry, catering, and sport.Organizing fairs and local markets.Organizing public services of communal importance, including fire,emergency response, and police.Financing the work of communal organs, including raising revenues, taxes,and preparing budgets.4. Each commune shall conduct its business in public and shall maintainpublicly available records of its deliberations and decisions.Part 3. Representation of Kosovo in Federal and Republic Bodies.(a) The participation of Kosovo in Federal institutions shall be discussed,in particular to obtain appropriate representation in Federal organsresponsible for developing and implementing defense and economic policiesand to take into account developments in Yugoslavia since 1991.(b) The following is without prejudice to the rights of persons in Kosovoto decide whether to accept the offer and to the review described insection VIII(3):Kosovo shall be offered at least (ten) deputies in the House of Citizens ofthe Federal Assembly and (twenty) deputies in the National Assembly of theRepublic of Serbia.Each national community in Kosovo shall be offered at least one place inthe Federal Government and in the Government of the Republic of Serbia.Each national community in Kosovo shall be offered at least one judge onthe Federal Court of the Federal Republic and three judges on the SupremeCourt of Serbia.(c) In order to monitor the protection of additional rights of the nationalcommunities, a Council for the protection of members of the nationalcommunities shall be established.V RESOLVING CONFLICTS AND MAINTAINING PUBLIC ORDER(1) Dispute Resolution.(a) Courts in Kosovo.The Assembly shall establish common and supreme courts for Kosovo withjurisdiction over constitutional, civil, and criminal matters. Appeals fromthese courts?(b) National CommunitiesEach community may establish procedures for resolving conflicts concerninginheritance, family law, matrimonial relations, tutorship, adoption, civillawsuits as decided by the Assembly of Kosovo, and criminal cases for whichimprisonment of up to one year is prescribed in the currently applicablepenal code. These procedures must ensure that practices are consistent withinternationally recognized human rights. They shall have jurisdiction onlywhen all parties to a dispute agree.Decisions of the national community dispute resolution mechanism shall behonored by other courts in Kosovo and the Federal Republic of Yugoslavia inaccordance with applicable rules.(2) Police.(a) Police shall be sworn to uphold the law impartially, fairly, and withequal treatment for all persons.(b) All police operating in Kosovo must be trained to internationallyaccepted standards for police operations, in particular with regard tohuman rights.PARAGRAPHS(c)AND(d) TO BE DEVELOPED FURTHER(c) Each commune shall establish local police, which shall have membershiprepresentative of the commune. Police (such as customs police) from othergovernmental levels shall recruit members of national communities so thatthe composition of such police forces in Kosovo will be representative ofthe population there.(d) The local police shall he exclusively responsible for maintainingpublic order and peace. Federal and Republic police shall not carry outthis responsibility. Federal and Republic authorities, in accordance withtheir respective responsibilities, shall retain responsibility for externalsecurity, border police, and the investigation of international andextra-Kosovo crime.(e) Each commune shall establish commission to review and makerecommendations on all matters concerning the police, including inparticular complaints about violations of human rights. Every nationalcommunity in the commune will have the right to participate on thecommission. These commissions shall have the complete cooperation of bothsides and unimpeded access to any person, place, document, and informationit requests.VI. FINANCING1. The bodies established in Sections II-IV shall have the right to keepall revenues from their own taxes or other charges. They shall also have apart of revenue otherwise derived in Kosovo (including duties or fees). Theorgans ofKosovo shall participate in the collection of customs and other dutieswithin Kosovo according to procedures to be agreed.2. In recognition of the fact that this Agreement confers newresponsibilities upon bodies in Kosovo, Republic and the Federalauthorities shall examine how to provide resources necessary for theconduct of its responsibilities. These resources shall include funds(including tax remission), equipment, and training.3. Federal and Republic authorities shall also facilitate, to the extent oftheir respective authorities, the delivery of resources from internationalsources to Kosovo.VII IMPLEMENTAION PERIODi. This Agreement shall be implemented as quickly as possible. Thesignatories of this Agreement take the obligation to allow, insofar aspossible, it’s adequateimplementation even before the adoption and undertaking of all acts andmeasures fixed in the Agreement.2. The sides will start without delay an any and all legal changes,necessary for the full implementation of this Agreement. They acknowledgethat complete implementation will require the adoption of necessary stateregulations and other general acts of the organic document of Kosovo,political acts and measures, and the elections of establishment ofinstitutions and bodies established by this Agreement.3. Each national community in Kosovo is authorized to start exercising theadditional rights determined by this Agreement, to the extent possible,immediately upon signature.4. Within ( ) months, there will be elections for all bodies established bythis Agreement. The Government of the FRY hereby invites the Organizationfor Security and Cooperation in Rome (OSCE) to conduct those elections.5. Under international supervision, an objective and free census of thepopulation in Kosovo shall be carried out when the international supervisordetermines that conditions allow an accurate census.6. All relevant governmental institutions shall provide the organs ofKosovo with all necessary records about the places of residence,citizenship, voters’ lists, and other data.7. The signatories of this Agreement shall provide active support,cooperation, and participation for the successful implementation of theAgreement.8. Laws and institutions currently in place in Kosovo shall remain untilreplaced by a decision of a competent body established by this Agreement.VIII AMENDMENTS1. Amendments to the Agreement shall be adopted by signature of theparties.2. Each signatory may propose amendments at any time and will consider andconsult with the other with regard to proposed amendments.3. In three years, the sides will undertake a comprehensive assessment ofthe Agreement, with the aim of improving its implementation and consideringproposals by either side for additional steps, which will require mutualagreement for adoption.IX FINAL PROVISIONS1. This Agreement is concluded in the ( ) languages.2. This Agreement shall enter into force upon the completion of theinternal process of each side.FORFederal Republic of YugoslaviaRepublic of SerbiaKosovo1O/l/98LAW ENFORCEMENT AND SECURITY ANNEXI. GENERAL PRINCIPLES1. The Parties agree to cooperate on law enforcement matters of mutualinterest consistent with the procedures outlined below.2. All Kosovo, Republic and Federal law enforcement and militaryauthorities shall be obligated, in their respective areas of authority, toensure freedom of Movement and safe passage for all persons, vehicles andgoods.3. In exercising authorities under this annex, all law enforcement andmilitary components shall observe internationally recognized standards ofhuman rights, due-process and fundamental fairness.4. Police forces at the communal and municipal levels under the supervisionof civilian authorities will have primary responsibility for maintainingpublic order and security in Kosovo.5. All law enforcement bodies operating in Kosovo will be representative ofthe population.6. An international civilian police mission will be undertaken in theterritory of Kosovo to monitor the enforcement of this agreement and guidethe implementation of the agreement. The Parties agree to cooperate fullywith the international civilian police mission.II. THE MINISTRY OF INTERIORA. LeadershipThe Ministry of Interior will be headed by a Minister of Interior and aDeputy Minister of Interior. In every possible circumstance, decisions willbe taken jointly by the Minister of Interior and the Deputy Minister ofInterior. At a minimum, the Minister will inform, and consult with, theDeputy Minister on all significant matters.Minister of Interior.The Minister will be of Kosovar Albanian ethnicity.2.Deputy Minister of Interior.The Deputy Minister will be of Serb ethnicity and will be a permanentresident of Kosovo. He or she will be appointed and removed by the Kosovoauthorities in consultation with the Kosovo Security Commission. The DeputyMinister will serve as the deputy principal officer for law enforcement andthe administrationof justice in Kosovo and will support the Minister in the management of alllaw enforcement personnel reporting to the Ministry.1.Chief of Staff for Communal Police Issues:The Chief of Staff, and his or her deputy, will coordinate police issuesand provide guidance to communal commanders.The Chief of Staff will be of Kosovar Albanian ethnicity, appointed by theMinister of Interior, with concurrence of the Deputy Minister of Interior,following consultations with the Kosovo Security Commission. He or she willreport to the Minister and Deputy Minister of Interior.3. Deputy Chief of Staff for Communal Police Issues:The Deputy will assist the Chief of Staff in all functions.The Deputy Chief of Staff will be of Serb ethnicity, appointed by theMinister of Interior, with concurrence of the Deputy Minister of theInterior, following consultations with the Kosovo Security Commission. Heor she will report to the Minister and Deputy Minister of Interior.B. Structure.A Ministry of Interior building will be established in Pristina. Allheadquarters offices of the Ministry of Interior will be located withinthis building.C. AuthoritiesThe Ministry of Interior will have responsibility for all law enforcementmatters in Kosovo.Consistent with international standards of democratic policing and humanrights and the rule of law and subject to the exceptions noted in thisAnnex, the Ministry will have the authority to:initiate and implement, through its law enforcement bodies, the full rangeof law enforcement operations;order the arrest and/or detention of individuals for suspected criminalactivity;establish administrative and personnel procedures necessary to carry outits tasks; andemploy and remove personnel.D. FinancingThe Ministry of Interior, including salaries for all personnel servingdirectly in the Ministry or in its component law enforcement bodies, willbe financed by Kosovo.III. LAW ENFORCEMENT STRUCTURESThe following law enforcement structures, all reporting to the Ministry ofInterior, shall be established to provide for civilian security withinKosovo:A. Kosovo Communal Police Units1.Duties and Functions- There shall be established communal police units inKosovo, organized and stationed at the communal and municipal levels, whichwill have primary responsibility for the protection of life and property inKosovo.The specific responsibilities of the communal police will include:a. Police patrols and crime preventionb.   Criminal investigationsc. Arrest and detention of criminal suspectsd. Crowd controle. Traffic control2. Structure and Compositiona. Size. The total number of communal police operating within Kosovo shallnot exceed 2,500 active duty law enforcement officers (exclusive ofadministrative officers).b. Civilian Staff. Communal police units will be coordinated by a civilianstaff located at the Ministry of Interior.2.Communal/Municipal Level: Communal police operations will be undertakenby personnel assigned at the communal level and, within communes, at themunicipal station level.Force size for each commune will be determined on the basis of the size andpopulation of the commune. The ethnic balance of a communal police unitwill be representative of the ethnic balance of the commune in which itoperates.a. Personnel:i) Communal Commander; Each commune will have a police commander to manageday-to-day operations and personnel issues within the commune. Thecommander will be appointed on the recommendation of the commune government(following consultation with the Communal Security Commission) by the MOIChief of Staff, with the concurrence of the Deputy Chief of Staff. TheChief of Staff must appoint the communal government's nominee absent ashowing of good cause for not doing so. The Chief of Staff will haveauthority to remove communal commanders.ii) Deputy Communal Commander: Each commune will have a deputy policecommander to assist the communal commander in all his/her duties. Thedeputy commander will be appointed by the Chief of Staff, with theconcurrence of the Deputy Chief of Staff, on the recommendation of thecommune government (following consultation with the Communal SecurityCommission). The Chief of Staff must appoint the communal government'snominee absent a showing of good cause for not doing so. The Chief of Staffwill have authority toremove the deputy communal commander. The deputy communal commander must bea member of the largest minority ethnic group where that ethnic groupcomprises at least 10% of the commune’s population.iii) Municipal Station Chiefs: The communal commander, with the concurrenceof the deputy commander and in consultation with the Communal SecurityCommission, will appoint, and have removal authority over, municipalstation chiefs who will oversee operations at each municipal policestation. The municipal station chiefs will report directly to the communalcommander and his/her deputy.b. Municipal Stations: The communal government, with the concurrence of thecommunal police commander, shall establish such municipal police stationsin the commune as it deems necessary to prevent, detect and investigatecriminal activity and maintain public order. These stations will be mannedby communal police assigned to the commune.4. Salaries: Salaries for all police personnel, regardless of where theyare assigned, will be paid by the Kosovo Ministry of Interior.5. RecruitmentCommunal police recruitment will be conducted primarily at the communallevel. Each commune government, in consultation with the communal securitycommission and the communal police commander and deputy commander willnominate officer candidates. Appointments to the academy basic recruitcourse will be made by the academy director and deputy director, with theconcurrence of the MOI Chief of Staff and Deputy Chief of Staff. Whileparticipating in the basic recruit course, police candidates will receivemeals, lodging and a modest stipend from the Ministry of Interior. Offersof employment will be made by the Chief of Staff, with the concurrence ofthe academy director and deputy director, only after the candidate hassuccessfully completed the academy basic recruit course. New policeofficers will be assigned by the Ministry of Interior to the commune fromwhich they were nominated.For as long as the international civilian police mission is present,recruitment, selection and training will be provided by and/or incooperation with the international civilian police mission with theassistance of international bilateral donors.6. EquipmentAll police officers, with the exception of crowd control units, will wear astandard solid dark blue uniform, the precise design of which will bedeveloped by the Ministry of Interior and agreed to by the Minister andDeputy Minister of interior. Such uniform will include a badge, pictureidentification, and nametag. Aside from insignias noting officer rank, theonly patches or insignias which may be worn on the uniform are a "CommunalPolice" patch, and a patch which notes the name of the officer's assignedcommune. If an officer is assigned to a specialized unit such as a crowdcontrol or traffic control unit, the name of the unit also may be noted onthe uniform.Police officers will be equipped with a sidearm, handcuffs and a baton.Each commune may keep, either at the communal headquarters or at municipalstations, no more than 20 long-barreled weapons without special permissionfrom the Chief or Deputy Chief of Staff (and international civilian policemission as long as it is present). Long-barreled weapons may be carried orused only with the permission of the communal police commander (and theinternational civilian police mission for as long as it is present). Whennot in use, all weapons will be securely stored and each commune will keepa registry of all weapons assigned to it.Crowd control units will receive equipment appropriate to their task,including batons, helmets and shields.7. Use of ForcePolice personnel are authorized to use force in performance of lawfulduties. The force used must be the minimum force that is reasonable andnecessary under the circumstances. Allegations of inappropriate use offorce will be investigated by the Ministry of Interior's Internal AffairsUnit. The penalty for inappropriate use of force will be proportional tothe seriousness of the offense and may include dismissal, criminal chargesor civil penalties.B. The VIP Protection Unit1. Duties and Functions. This unit will provide personal protection forsenior government officials and visiting dignitaries.2. Structure and compositiona.Chief of the VIP Protection Unit. The chief of the unit will be a KosovarAlbanian appointed and removed by the Minister of Interior with theconcurrence of the Deputy Minister of Interior. He or she will manage allaspects of the unit, from operations to administrative matters, reportingto the Minister and Deputy Minister of Interior.b. Deputy Chief of the VIP Protection Unit. The deputy chief of the unitwill be of Serb ethnicity appointed and removed by the Minister of Interiorwith the concurrence of the Deputy Minister of Interior.c. Within the Unit, there will be separate divisions for governmentprotective security and foreign dignitary security. Within the governmentprotective securitydivision, the governmental officials involved may chose the ethnicity ofthe officers charged with their protection.3. RecruitmentIndividuals may apply to the Chief of the VIP Protection Unit foremployment in the protective service. The Unit will develop a common formthat all candidates must complete. Selection of candidates for trainingwill be made jointly by the Chief and Deputy Chief of the Unit, with theconcurrence of the Minister of Interior. Formal job offers will be made bythe Chief of the Unit, with the concurrence of the Deputy Chief and theAcademy Director only after candidates have successfully completed a courseof intensive training at the Kosovo law enforcement academy (or, until thatacademy is operational, they have successfully completed a course oftraining provided by bilateral donors in cooperation with the internationalcivilian police mission). Officers will be dismissed by the Chief of theUnit, with the concurrence of the Deputy Chief.The names of all personnel serving within the VIP Protection Unit will beprovided to the Kosovo Security Commission.4. Use of ForceOfficers of the unit are authorized to use force in performance of lawfulduties. The force used must be the minimum force that is reasonable andnecessary under the circumstances. Allegations of inappropriate use offorce will be investigated by the Ministry of interior's Internal AffairsUnit. The penalty for inappropriate use of force will be proportional tothe seriousness of the offense and may include dismissal, criminal chargesor civil penalties.C. The Internal Affairs Unit1. Duties and FunctionsThe Internal Affairs Unit will undertake, sua sponte or at the request ofthe Minister or Deputy Minister of Interior, a communal police force chief,or the Security Commissions., investigations into allegedly inappropriate,wrongful, and/or possibly unlawful conduct by law enforcement personnelemployed by the Ministry of Interior. Such conduct could include, but isnot limited to, inappropriate use of a firearm, violation of a suspect'shuman rights, or involvement in organized crime or police corruption.The Unit will operate independently and on a confidential basis, includingundercover, while its investigations are ongoing. However, it will preparea report of findings and the conclusion or dismissal of each investigationfor the Minister and Deputy Minister of Interior. These reports will bemade available on a timely basis to the relevant communal police forcechief and to the Kosovo Security Commission unless the Internal AffairsUnit can show good cause for not doing so. The reports also will becomepart of an officer's permanent personnel file and will be considered inpromotion decisions and future assignments.The Unit may be armed with sidearms and will have arrest authority.2. Structure and Compositiona. Chief of the Internal Affairs Unit. The Chief of the unit will be aKosovar Albanian appointed and removed by the Minister of Interior with theconcurrence of the Deputy Minister of Interior. He or she will manage allaspects of the unit, from investigations to administrative matters,reporting to the Minister and Deputy Minister of Interior.b. Deputy Chief of the Internal Affairs Unit. The deputy chief of the unitwill be of Serb ethnicity appointed and removed by the Minister of Interiorwith the concurrence of the Deputy Minister of Interior.c. The Unit will be based in Pristina in a building near the Ministry ofInterior. The unit will establish such communal offices as it deemsnecessary on a permanent or temporary basis to successfully carry out itstasks. All levels and branches of the Ministry of Interior law enforcementbodies will cooperate fully with Internal Affairs Unit investigations.d. The ethnic makeup of the Unit will be representative of Kosovo as awhole.3. RecruitmentThe members of the Internal Affairs unit will be selected through the basicpolice application process by the Chief of the Internal Affairs unit, onthe recommendation of the police academy director and deputy director.4. Use of ForceOfficers of the unit are authorized to use force in performance of lawfulduties. The force used must be the minimum force that is reasonable andnecessary under the circumstances. Allegations of inappropriate use offorce will be investigated by the Ministry of Interior's Internal AffairsUnit. The penalty for inappropriate use of force will be proportional tothe seriousness of the offense and may include dismissal, criminal chargesor civil penalties.D. Interim Police Academy1. FunctionsUnder the supervision of the international community, an interim PoliceAcademy will offer mandatory and professional development training for allpersonnel serving in law enforcement functions under the Ministry ofInterior.Such training will include:-- a basic recruit program-- advanced investigative and forensic skills-- crowd control-- traffic control-- VIP protectionPriority will be given to establishing the basic recruit program.The Academy will play a role in the selection and advancement of lawenforcement personnel, providing recommendations and evaluations based onindividuals' performance in academy programs . The Academy will providecertificates upon completion of training programs and will maintainadequate training records.2. Structure and Administrationa. Academy Director. The director will be a Kosovar Albanian appointed andremoved by the Minister of Interior with the concurrence of the DeputyMinister of Interior and in consultation with the Kosovo SecurityCommission. He or she will manage all aspects of the academy, from studentselection to program development, approval and evaluation. The directorwill report to the Minister and Deputy Minister of Interior.b. Academy Deputy Director- The deputy director will be of Serb ethnicityappointed and removed by the Minister of Interior with the concurrence ofthe Deputy Minister of Interior, and in consultation with the KosovoSecurity Commission.c. All costs relating to the functioning of the academy, including facilitymaintenance, travel, costs and salaries for instructors and academyadministrative personnel, will be paid by the Ministry of Interior.3. FacilitiesThe Academy will provide lodging, meals, classrooms and appropriatetraining facilities, including a firing range.4. FacultyThe staff of the Academy will he selected and removed with the concurrenceof the Academy Director and Deputy Director and will be representative ofthe ethnic balance of Kosovo.5. Basic Program of StudyOnce the police academy becomes operational, all police candidates will berequired to successfully complete a course of police studies which includeprinciples and methods of democratic policing. Candidates who do notsatisfactorily complete the course will not be permitted to join the policeforce.IV. SECURITY COMMISSIONSThe parties shall a establish a Kosovo Security Commission with competencethroughout Kosovo, and Communal Security Commissions within each commune.The Commissions shall address and attempt to resolve problems concerninglaw enforcement and security in Kosovo.1. Functions of the Commissions.a. Review, and make recommendations regarding the recruitment, selectionand training of police officers.b. Review, and make recommendations regarding communal police and other lawenforcement issues.c. Consider complaints regarding police practices filed by individuals ornational communities.d. In the Kosovo Security Commission only: In consultation with designatedlocal and Federal police liaisons, supervise jurisdiction sharing in casesof concurrent jurisdiction between Kosovo and Federal authorities.2. The membership of the Kosovo Security Commission and each CommunalSecurity Commission shall be representative of the population and shallinclude:a. In the Kosovo Security Commissioni. a representative of each communeii. a representative of the Federal Special Investigations unitiii. a representative of the border policeiv. a representative of each national communityv. a representative of the Ministry of Interiorvi. a representative of the ICPM, during its period of operation in Kosovo.b. In the Communal Security Commissions:i. a representative of the communal policeii. a representative of the Federal Special Investigations Unit, if theunit maintains an office in the commune.iii. a representative of the border police, if border police are present inthe commune.iv. a representative of each national communityv. a civilian representative of the communal governmentvi. a representative of the ICPM, during its period of operation in Kosovo.3. Each Security Commission shall meet at least monthly.V. COORDINATION AND COOPERATION ON MUTUAL SECURITY MATTERSA. Joint Coordination CommitteeA Joint Coordination Committee (JCC) will be established to provide a forumfor coordinating and cooperating on mutual security matters. The JCC willbe an advisory body with 3-5 representatives each from the FRY, Serbia,Montenegro,Kosovo, and the ICPM during its period of operation in Kosovo. The Kosovoand Montenegro Interior Ministries will select their own representatives.The JCC will meet not less than monthly and ad hoc sessions will be calledwithin 48 hours at the request of any member. Hosting responsibilities forJCC meetings will alternate among the members.B. TECHNICAL ASSISTANCECommunal police forces and the Kosovo Border Police may request technicalassistance from Federal and Republic authorities in cases requiringforensic assistance and other forms of specialized expertise.VI. FEDERAL AND REPUBLIC POLICE OPERATIONS IN KOSOVOA. Except as specifically permitted in this Agreement, it shall be theexclusive responsibility of communal police forces to patrol the territoryof Kosovo and investigate crimes. Republic and FRY law enforcementpersonnel will not patrol, investigate, or otherwise operate individuallyor collectively within the territory of Kosovo without the express consent,or at the express request, of the Kosovo Minister of Interior. The consentto or request for such operations will specify any restrictions on themovements and the authorities of the Federal or Republic law enforcementpersonnel permitted in Kosovo.B. Federal Special Investigative Unit1. Federal law enforcement authorities may establish a Federal SpecialInvestigative Unit (FSIU) in Kosovo staffed with Federal police officers toinvestigate the following crimes with potential Federal and cross-borderconsequences.The sale and distribution of significant quantities of narcotics.Kidnappings that may involve the transport of victims across the KosovoborderSmugglingCounterfeiting MoneyForgery of Federal Government DocumentsEspionageMurder or Aggravated Assault of Republic or Federal authoritiesDestruction of Republic or Federal propertyFraud or Embezzlement or Acceptance of Bribes, committed by Federal orKosovo authorities in the course of performing their official duties.This list may be modified upon written agreement of the Parties. The Chiefof Staff, Ministry of Interior and the Chief Prosecutor of Kosovo may, intheir discretion, expand the investigative jurisdiction of the FederalSpecial investigative Units in individual cases where they both agree thatsuch expansion would be in the interest of the administration of justice.2. No more thin 50 federal law enforcement officers in total may operatewithin the Federal Special Investigative Units in Kosovo at any given time.In the case of investigative emergencies requiring a greater FSIU presencein Kosovo than is authorized, the FRY may supplement the staffing of theFSIU only with the express permission of the Chief of Staff, MOI.3. In cases of concurrent jurisdiction with the communal police, the FSIUwill cooperate in such investigations to the greatest possible extent,including through the establishment of joint task forces.4. On a timely and regular basis, the Chief of Staff, Ministry of Interiorwill be informed of all major investigations undertaken by the FSIU andwill be informedregularly (at least weekly) as to the progress of every investigation.5. FSIU members may carry individual sidearms and, with the express consentof the Chief of Staff, Ministry of Interior, long-barreled weapons.6. For any FSIU team operating in Kosovo, no less than 25% of the team mustbe of Kosovar Albanian ethnicity.. Federal officers staffing the FSIU must complete a course ofICPM-approved training before beginning such duty.B. Police authorities of the Serbian Republic shall not have authority toinvestigate crimes in Kosovo except with the express permission of theChief of Staff, MOI. In granting such permission, the Chief of Staff, MOImay limit the number of Serbian police authorities permitted to operate inKosovo and may require that they be accompanied by officers of the communalpolice. It shall be appropriate for the chief of the staff, MOI to grantsuch permission where Serbian Republic authorities have demonstratedsubstantial reason to believe that:a. persons who committed crimes in Serbia, or who have informationconcerning crimes committed in Serbia, are resident in Kosovo; orb. persons resident in Kosovo are planning a crime, or have knowledge of acrime that will be committed, at least in part, in Serbia.9. Republic police authorities shall transit the territory of Kosovo in thecourse of their official duties only along routes that have been agreedupon between Republic authorities and the local police.VII SECURITY ON THE INTERNATIONAL BORDERSThe Government of the FRY will maintain official border crossings on itsinternational borders. At each of these crossings, personnel from theorganizations listed below will be present.A. Kosovo Border PoliceI. Duties and Functions. The Kosovo Border Police (KBP) will:review immigration documents at the official border crossings on theterritory of Kosovo;implement the immigration laws and regulations of the FRY within Kosovo;patrol the areas in the vicinity of the international borders within Kosovoto deter and detect illegal entry of persons and goods into the FRY.Issuance of passports and visas will continue to be a FRY activity. The FRYwill establish a passport office in Kosovo.2. Structure and Composition:The Kosovo Border Police will be headed by a Chief of the Kosovo BorderPatrol who is appointed and removed by the Kosovo Minister of Interior withthe concurrence of the Deputy Minister of Interior and in consultation withthe Kosovo Security Commission. The Chief of the Border Police will reportto the Minister and Deputy Ministers of Interior and will be responsiblefor all management and operations issues involving the Kosovo BorderPolice. He or she also will serve as the primary point of contact forKosovo with the FRY on matters concerning border and immigration issues.The membership of the Border Police will be representative of the ethniccomposition of Kosovo. All Border Police candidates must attend borderpolice training (which will include training on smuggling of goods andpeople) at the Kosovo police academy. This training will be based on FRYborder and immigration law and the FRY will be invited to send trainers tothe Kosovo academy to participate in the training.3. Applicable Law. The Kosovo Border Police will administer FRY law inborder and immigration matters.4. Use of Force: The Kosovo Border Police will be armed with sidearms only.Officers are authorized to use force in performance of lawful duties. Theforce used must be the minimum force that is reasonable and necessary underthe circumstances. Allegations of inappropriate use of force will beinvestigated by the Ministry of Interior's Internal Affairs Unit. Thepenalty fox inappropriate use of force will be proportional to theseriousness of the offense and may include dismissal, criminal charges orcivil penalties.5. The Federal Army (VJ)1. Units of the VJ shall continue to be stationed in Kosovo to protect theinternational borders and territorial integrity of the FRY.2. VJ units will be permitted to patrol in Kosovo only within 10 km of theinternational border. VJ units will have no arrest authority in Kosovo. VJunits may detain individuals where permitted by law, but must transfer themover for arrest to the Kosovo Border Police or communal police at theearliest possible time.3. In the case of serious civil disorder or other emergency, the VJ maypatrol beyond the limits specified in paragraph 2 at the request of, andsubject to limitations imposed by, the Kosovo Ministry of Interior.4. The VJ may travel through the territory of Kosovo to reach its dutystations and garrisons. Such travel shall occur only along routes that havebeen agreed upon between the VJ and the communal police.C. Customs Officers1. The FRY Customs Service will continue to exercise customs jurisdictionat the official international border crossings within Kosovo and in suchcustoms warehouses as may be necessary within Kosovo. The FRY CustomsService will recruit officers of Kosovar Albanian ethnicity to work withinthe Customs Service and, within 8 months of the signing of this agreement,each Customs team working at an international border or elsewhere withinKosovo will include at least one officer of Kosovar Albanian ethnicity.These Kosovar Albanian officers will be trained and paid by the FRY.2. Use of Force. Customs officers will be authorized to carry sidearmsonly. Customs officers are authorized to use force in performance of lawfulduties. The force used must be the minimum force that is reasonable andnecessary under the circumstances.VIII PURSUIT OF FLEEING SUSPECTSA. In the course of pursuing a suspect who is fleeing their respectivejurisdictions, the communal police and Republic authorities shall have theright to continue their pursuit across the Kosovo border into thejurisdiction of the other entity, if such pursuit is ongoing anduninterrupted. As soon as is practicable, the pursuing authorities shallnotify the authorities of the territory into which the suspect has fled ofthe pursuit.B. Republic authorities who pursue and capture a fleeing suspect inaccordance with this section, in Kosovo territory within 15 kilometers ofthe border, may arrest and detain such suspect without regard to sectionsIX(A) and IX(F).C. Communal police authorities who pursue and capture a fleeing suspect inaccordance with this section, in Republic territory within 15 kilometers ofthe border, may arrest and detain such suspect notwithstanding any otherRepublic laws.IX. ARREST AND DETENTIONA. Except as noted below, only officers of communal police units shall haveauthority to arrest and detain individuals in the territory of Kosovo.Immediately upon arrest, communal police authorities shall notify thedesignated representative of the national community to which the detaineebelongs.B. Kosovo Border Police officers shall have authority to arrest and detainindividuals who have violated criminal provisions of the immigration laws.C. officers of the Customs Service shall have authority to arrest anddetain individuals for criminal violations of the customs laws.D. Officers of the Federal Special Investigative Unit shall have authorityto arrest and detain individuals in Kosovo for those crimes specified inthis Agreement, if (1) such crimes constitute violations of Federal law;and (2) a Federal court has issued a warrant authorizing such arrest.5. Arrests and prosecutions resulting from investigations by the FederalSpecial Investigative Unit of cross-border criminal activity that does notviolate federal law are the exclusive responsibility of communal policeauthorities.6. Republic police authorities shall not have authority to arrest or detainindividuals within Kosovo. The transfer of suspects and detainees toRepublic authorities is governed by Section XI (A).7. Federal and Republic authorities shall promptly notify the KosovoMinister of Interior when a resident of Kosovo is detained or arrested by anon-Kosovar authority within the FRY.X. PROSECUTION OF CRIMES1. Kosovo shall create an Office of the Prosecutor responsible forprosecuting individuals who violate the criminal laws of Kosovo before theCourts of Kosovo.2. Kosovo shall appoint, and have the authority to remove a ChiefProsecutor.3. The Prosecutor-General of the FRY shall maintain offices in Kosovo toprosecute those crimes specified in Section VI (13) which are violations offederal law and which have been committed in Kosovo.XI. TRANSFER OF DETAINEESA. From KosovoIn cases where Republic police authorities seek the arrest or detention ofindividuals in Kosovo in connection with violations of Republic laws, andto arrange for their prosecution in Serbia or Montenegro, the followingprocedures shall be observed:1. Republic police authorities shall file an ex parte request with theCriminal Courts of Kosovo for the arrest and transfer of individuals thatare reasonably believed to have violated criminal laws of the Republics.2. Where the Court finds reason to believe that the suspect in question hascommitted the crimes detailed in the Republic request, it shall order thecommunal police to arrest and detain the suspect and transfer him or her toRepublic police authorities, unless the Kosovo Chief Prosecutor certifiesto the court that the communal police authorities have arrested, or intendimminently to arrest, detain and prosecute the suspect for crimes inviolation of the laws of Kosovo.3. Where the Court finds grounds for the transfer of a suspect to Republicauthorities, but the Kosovo Chief Prosecutor elects to prosecute thesuspect pursuant to paragraph 2, Kosovo authorities shall honor theRepublic transfer request following either acquittal of the suspect, or hisor her release from Kosovo custody and any period of incarceration.B. To KosovoIn cases where communal police authorities seek the arrest or detention ofindividuals in the Republics in connection with violations of Kosovo law,and to arrange for their prosecution in Kosovo, the following proceduresshall be observed:1. Communal police authorities shall file an ex parte request with Republiccourts for the arrest and transfer of individuals that are reasonablybelieved to have violated criminal laws of Kosovo.2. Where a Republic court finds reason to believe that the suspect inquestion has committed the crimes detailed in the Kosovo request, it shallOrder Republic authorities to arrest and detain the suspect and transferhim or hex to communal police authorities, unless Republic prosecutorialauthorities certify to the court that the Republic has arrested, or intendsimminently to arrest, detain andprosecute the suspect for crimes in violation of Republic laws.3. Where the Republic court finds grounds for thetransfer of a suspect to communal police authorities, but the Republicprosecutor elects to prosecute the suspect pursuant to paragraph 2.Republic authorities shall honor the Kosovo transfer request followingeither acquittal of the suspect, or his or her release from Republiccustody and any period of incarceration.XII. JUDICIARYA. Kosovo shall establish courts to hold civil and criminal proceedings andinterpret the laws of Kosovo.B. The judges of the Kosovo courts shall be appointed by Kosovo from aslate of candidates nominated by the communes. The composition of theKosovo judiciary shall be ethnically representative of the population.C. The FRY shall maintain Federal courts within Kosovo to adjudicateviolations of Federal law which occur in Kosovo.XIII. PRISONSA. Kosovo and its constituent communes shall establish jails and prisons toaccommodate the detention of criminal suspects and the imprisonment ofindividuals convicted of violating the laws of Kosovo.B. Federal authorities shall either maintain facilities in Kosovo for thedetention and imprisonment of individuals who have violated federal law, orshall arrange for their detention or imprisonment in Kosovo facilitiespursuant to a memorandum of understanding between the parties.XIV. INTERNATIONAL ASSISTANCEA. International Civilian Police MissionTo assist them in meeting their obligations, the Parties request that aninternational civilian police mission be established to carry out, withinKosovo, a program of assistance.(Additional guidance on ICPM authorities to be provided)B. Specific Responsibilities of the Parties1. The Parties shall cooperate fully with the international civilian policemission and shall so instruct their law enforcement agencies.2. The Parties shall not impede the movement of international civilianpolice personnel or in any way hinder, obstruct or delay them in theperformance of their responsibilities. They shall allow these personnelimmediate and complete access to any site, person, activity, proceeding,record or other item or event in Kosovo as requested by the mission incarrying out its responsibilities under this agreement. This shall includethe right to monitor, observe and inspect any site or facility at which itbelieves that police, law enforcement, detention or judicial activities aretaking place.3. Upon request by the international civilian police mission, Kosovo shallmake available for training qualified personnel, who are expected to takeup law enforcement duties immediately following such training.4. Kosovo shall facilitate the operations of the international civilianpolice mission in Kosovo, including by the provision of appropriateassistance as requested withregard to transportation, subsistence, accommodations, communications, andother facilities.C. International Assistance ProgramInternational donors will assist the implementation of this agreement byproviding technical assistance, training and equipment to law enforcementbodies in Kosovo, coordinated with the international civilian policemission.