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引自http://www.alb-net.com/kcc/interim.htm
Appendix B:
Status of Multi-National Military Implementation Force
1. For the purposes of this Appendix, the following expressions shall
have the meanings hereunder assigned to them:
(a) "NATO" means the North Atlantic Treaty Organization (NATO), its su
bsidiary bodies, its military Headquarters, the NATO-led KFOR, and any
elements/units forming any part of KFOR or supporting KFOR, whether o
r 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 Fe
deral, Republic, Kosovo or other.
(c) "NATO personnel" means the military, civilian, and contractor pers
onnel assigned or attached to or employed by NATO, including the milit
ary, civilian, and contractor personnel from non-NATO states participa
ting in the Operation, with the exception of personnel locally hired.
(d) "the Operation" means the support, implementation, preparation, an
d participation by NATO and NATO personnel in furtherance of this Chap
ter.
(e) "Military Headquarters" means any entity, whatever its denominatio
n, consisting of or constituted in part by NATO military personnel est
ablished 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 s
pecialists whose services are required by NATO and who are in the terr
itory of the FRY exclusively to serve NATO either in an advisory capac
ity in technical matters, or for the setting up, operation, or mainten
ance of equipment, unless they are:
(i) nationals of the FRY; or
(ii) persons ordinarily resident in the FRY.
(h) "Official use" means any use of goods purchased, or of the service
s received and intended for the performance of any function as require
d by the operation of the Headquarters.
(i) "Facilities" means all buildings, structures, premises, and land r
equired for conducting the operational, training, and administrative a
ctivities by NATO for the Operation as well as for accommodation of NA
TO personnel.
2. Without prejudice to their privileges and immunities under this App
endix, all NATO personnel shall respect the laws applicable in the FRY
, whether Federal, Republic, Kosovo, or other, insofar as compliance w
ith those laws is compatible with the entrusted tasks/mandate and shal
l refrain from activities not compatible with the nature of the operat
ion.
3. The Parties recognize the need for expeditious departure and entry
procedures for NATO personnel. Such personnel shall be exempt from pas
sport and visa regulations and the registration requirements applicabl
e to aliens. At all entry and exit points to/from the FRY, NATO person
nel shall be permitted to enter/exit the FRY on production of a nation
al 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 im
peded or delayed by such requests.
4. NATO military personnel shall normally wear uniforms, and NATO pers
onnel may possess and carry arms if authorized to do so by their order
s. The Parties shall accept as valid, without tax or fee, drivers, lic
enses and permits issued to NATO personnel by their respective nationa
l authorities.
5. NATO shall be permitted to display the NATO flag and/or national fl
ags of its constituent national elements/units on any NATO uniform, me
ans of transport, or facility.
6.
(a) NATO shall be immune from all legal process, whether civil, admini
strative, or criminal.
(b) NATO personnel, under all circumstances and at all times, shall be
immune from the Parties' jurisdiction in respect of any civil, admini
strative, 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 nation
als.
(c) Notwithstanding the above, and with the NATO Commander's express a
greement in each case, the authorities in the FRY may exceptionally ex
ercise 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, investigati
on, or detention by the authorities in the FRY. NATO personnel erroneo
usly arrested or detained shall immediately be turned over to NATO aut
horities.
8. NATO personnel shall enjoy, together with their vehicles, vessels,
aircraft, and equipment, free and unrestricted passage and unimpeded a
ccess throughout the FRY including associated airspace and territorial
waters. This shall include, but not be limited to, the right of bivou
ac, maneuver, billet, and utilization of any areas or facilities as re
quired for support, training, and operations.
9. NATO shall be exempt from duties, taxes, and other charges and insp
ections and custom regulations including providing inventories or othe
r routine customs documentation, for personnel, vehicles, vessels, air
craft, equipment, supplies, and provisions entering, exiting, or trans
iting the territory of the FRY in support of the Operation.
10. The authorities in the FRY shall facilitate, on a priority basis a
nd with all appropriate means, all movement of personnel, vehicles, ve
ssels, aircraft, equipment, or supplies, through or in the airspace, p
orts, airports, or roads used. No charges may be assessed against NATO
for air navigation, landing, or takeoff of aircraft, whether governme
nt-owned or chartered. Similarly, no duties, dues, tolls or charges ma
y be assessed against NATO ships, whether government-owned or chartere
d, for the mere entry and exit of ports. Vehicles, vessels, and aircra
ft 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 witho
ut 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 suc
h 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 s
hall require for the operation, provided such goods are for the offici
al use of NATO or for sale to NATO personnel. Goods sold shall be sole
ly for the use of NATO personnel and not transferable to unauthorized
persons.
15. The Parties recognize that the use of communications channels is n
ecessary for the Operation. NATO shall be allowed to operate its own i
nternal mail services. The Parties shall, upon simple request, grant a
ll telecommunications services, including broadcast services, needed f
or 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 spect
rum for this purpose, free of cost. In implementing this right, NATO s
hall make every reasonable effort to coordinate with and take into acc
ount 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 Part
ies shall assist NATO in obtaining, at the lowest rate, the necessary
utilities, such as electricity, water, gas and other resources, as NAT
O shall require for the Operation.
17. NATO and NATO personnel shall be immune from claims of any sort wh
ich arise out of activities in pursuance of the operation; however, NA
TO 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 t
he FRY. Such contracts, goods, services, and construction shall not be
subject to the payment of duties, taxes, or other charges. NATO may a
lso carry out construction works with their own personnel.
19. Commercial undertakings operating in the FRY only in the service o
f NATO shall be exempt from local laws and regulations with respect to
the terms and conditions of their employment and licensing and regist
ration of employees, businesses, and corporations.
20. NATO may hire local personnel who on an individual basis shall rem
ain 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 the
m by NATO.
21. In carrying out its authorities under this Chapter, NATO is author
ized 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 impro
vements or modifications to certain infrastructure in the FRY, such as
roads, bridges, tunnels, buildings, and utility systems. Any such imp
rovements or modifications of a non-temporary nature shall become part
of and in the same ownership as that infrastructure. Temporary improv
ements or modifications may be removed at the discretion of the NATO C
ommander, and the infrastructure returned to as near its original cond
ition as possible, fair wear and tear excepted.
23. Failing any prior settlement, disputes with the regard to the inte
rpretation or application of this Appendix shall be settled between NA
TO and the appropriate authorities in the FRY.
24. Supplementary arrangements with any of the Parties may be conclude
d to facilitate any details connected with the Operation.
25. The provisions of this Appendix shall remain in force until comple
tion of the Operation or as the Parties and NATO otherwise agree.
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