TEXT OF MILITARY ANNEX TO DRAFT RAMBOUILLET
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 Organisation
(NATO), its subsidiary bodies, its military Headquarters, the
NATO-led KFOR, and any elements/units forming any part of KFOR
or supporting KFOR, whether or not they are from a NATO member
country and whether or not they are under NATO or national command
and control, when acting in furtherance of this Agreement.
b. "Authorities in the FRY" means appropriate authorities,
whether Federal, Republic, Kosovo or other.
c. "NATO personnel" means the military, civilian, and
contractor personnel assigned or attached to or employed by NATO,
including the military, civilian, and contractor personnel from
non-NATO states participating in the Operation, with the exception
of personnel locally hired.
d. "the Operation" means the support, implementation,
preparation, and participation by NATO and NATO personnel in furtherance
of this Chapter.
e. "Military Headquarters" means any entity, whatever
its denomination, consisting of or constituted in part by NATO
military personnel established in order to fulfil the Operation.
f. "Authorities" means the appropriate responsible individual,
agency, or organisation 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
(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 recognise 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 FY, but operations, training,
and movement shall not be allowed to be impeded or delayed by
4. NATO military personnel shall normally wear uniforms, and
NATO personnel may possess and carry arms if authorised 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, manoeuvre, billet, and utilisation of
any areas or facilities as required for support, training and
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
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
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 recognise that the use of communications channels
is necessary for the Operation. NATO shall be allowed to operate
its own internal mail services. The Parties shall, upon simple
request, grant all telecommunications services, including broadcast
services, needed for the Operation, as determined by NATO. This
shall include the right to utilize such means and services as
required to assure full ability to communicate, and the right
to use all of the electromagnetic spectrum for this purpose, free
of cost. In implementing this right, NATO shall make every reasonable
effort to coordinate with and take into account the needs and
requirements of appropriate authorities in the FRY.
16. The Parties shall provide, free of cost, such public facilities
as NATO shall require to prepare for and execute the Operation.
The Parties shall assist NATO in obtaining, at the lowest rate,
the necessary utilities, such as electricity, water, gas and other
resources, as NATO shall require for the Operation.
17. NATO and NATO personnel shall be immune from claims of
any sort which arise out of activities in pursuance of the operation;
however, NATO will entertain claims on an ex gratia basis.
18. NATO shall be allowed to contract directly for the acquisition
of goods, services, and construction from any source within and
outside the FRY. Such contracts, goods, services, and construction
shall not be subject to the payment of duties, taxes, or other
charges. NATO may also carry out construction works with their
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 labour/employment laws. However, local personnel hired by NATO
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
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 authorised 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