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Article 1
General Obligations
1. The Parties to this Agreement reaffirm the document presented by
President Ahtisaari to President Milosevic and approved by the Serb
parliament and the Federal Government on June 3, 1999, to include deployment
in Kosovo under UN auspices of effective international civil and security
presences. The Parties further note that the UN Security Council is
prepared to adopt a resolution, which has been introduced, regarding
these presences.
2. The State Governmental authorities of the Federal Republic of Yugoslavia
and the Republic of Serbia understand and agree that the international
security force ("KFOR") will deploy following the adoption
of the UNSCR referred to in Paragraph 1 and operate without hindrance
within Kosovo and with the authority to take all necessary action to
establish and maintain a secure environment for all citizens of Kosovo
and otherwise carry out its mission. They further agree to comply with
all of the obligations of this Agreement and to facilitate the deployment
and operation of this force.
3. For purposes of the Agreement, the following expressions shall have
the meanings as described below:
a. "The Parties" are those signatories to the Agreement.
b. "Authorities" means the appropriate responsible
individual, agency, or organisation of the Parties.
c. "FRY Forces" includes all of the FRY and Republic of
Serbia personnel and organisations with a military capability. This
includes regular army and naval forces, armed civilian groups, associated
paramilitary groups, air forces, national guards, border police, army
reserves, military police, intelligence services, federal and Serbian
Ministry of Internal Affairs local, special, riot and anti-terrorist
police, and any other groups or individuals so designated by the international
security force ("KFOR") commander.
d. The Air Safety Zone (ASZ) is defined as a 25-kilometre zone that
extends beyond the Kosovo province border into the rest of FRY territory.
It includes the airspace above that 25-kilometre zone.
e. The Ground Safety Zone (GSZ) is defined as a 5-kilometre zone
that extends beyond the Kosovo province border into the rest of FRY
territory. It includes the terrain within that 5-kilometre zone.
f. Entry into Force Day (EIF Day) is defined as the day this Agreement
is signed.
4. The purposes of these obligations are as follows:
a. To establish a durable cessation of hostilities, under no circumstances
shall any Forces of the FRY and the Republic of Serbia enter into,
reenter, or remain within the territory of Kosovo or the Ground Safety
Zone (GSZ) and the Air Safety Zone (ASZ) described in paragraph 3.
Article 1 without the prior express consent of the international security
force ("KFOR") commander. Local police will be allowed to
remain in the GSZ. The above paragraph is without prejudice to the
agreed return of FRY and Serbian personnel which will be the subject
of a subsequent separate agreement as provided for in paragraph 6
of the document mentioned in paragraph 1 of this Article.
b. To provide for the support and authorization of the international
security force ("KFOR") and in particular to authorize the
international security force ("KFOR") to take such actions
as are required, including the use of necessary force, to ensure compliance
with this Agreement and protection of the international security force
("KFOR"), and to contribute to a secure environment for
the international civil implementation presence, and other international
organisations, agencies, and non-governmental organisations (details
in Appendix B)
Article
II
Cessation of Hostilities
1. The FRY Forces shall immediately, upon entry into force
(EIF) of this Agreement, refrain from committing any hostile or provocative
acts of any type against any person in Kosovo and will order armed forces
to cease all such activities. They shall not encourage, organise or
support hostile or provocative demonstrations.
2. Phased Withdrawal of FRY Forces (ground): The FRY agrees to a phased
withdrawal of all FRY Forces from Kosovo to locations in Serbia outside
Kosovo. FRY Forces will mark and clear minefields, booby traps and obstacles.
As they withdraw, FRY Forces will clear all lines of communication by
removing all mines, demolitions, booby traps, obstacles and charges.
They will also mark all sides of all minefields. International security
forces' ("KFOR") entry and deployment into Kosovo will be
synchronized. The phased withdrawal of FRY Forces from Kosovo will be
in accordance with the sequence outlined below:
a. By EIF + 1 day, FRY Forces located in Zone 3 will have vacated,
via designated routes, that Zone to demonstrate compliance (depicted
on the map at Appendix A to the Agreement). Once it is verified that
FRY forces have complied with this subparagraph and with paragraph
1 of this Article, NATO air strikes will be suspended. The suspension
will continue provided that the obligations of this agreement are
fully complied with, and provided that the UNSC adopts a resolution
concerning the deployment of the international security force ("KFOR")
so rapidly that a security gap can be avoided.
b. By EIF + 6 days, all FRY Forces in Kosovo will have vacated Zone
1 (depicted on the map at Appendix A to the Agreement). Establish
liaison teams with the KFOR commander in Pristina.
c. By EIF + 9 days, all FRY Forces in Kosovo will have vacated Zone
2 (depicted on the map at Appendix A to the Agreement).
d. By EIF + 11 days, all FRY Forces in Kosovo will have vacated Zone
3 (depicted on the map at Appendix A to the Agreement).
e. By EIF +11 days, all FRY Forces in Kosovo will have completed
their withdrawal from Kosovo (depicted on map at Appendix A to the
Agreement) to locations in Serbia outside Kosovo, and not within the
5 km GSZ. At the end of the sequence (EIF + 11), the senior FRY Forces
commanders responsible for the withdrawing forces shall confirm in
writing to the international security force ("KFOR") commander
that the FRY Forces have complied and completed the phased withdrawal.
The international security force ("KFOR") commander may
approve specific requests for exceptions to the phased withdrawal.
The bombing campaign will terminate on complete withdrawal of FRY
Forces as provided under Article II. The international security force
("KFOR") shall retain, as necessary, authority to enforce
compliance with this Agreement.
f. The authorities of the FRY and the Republic of Serbia will cooperate
fully with international security force ("KFOR") in its
verification of the withdrawal of forces from Kosovo and beyond the
ASZ/GSZ.
g. FRY armed forces withdrawing in accordance with Appendix A, i.e.
in designated assembly areas or withdrawing on designated routes,
will not be subject to air attack.
h. The international security force ("KFOR") will provide
appropriate control of the borders of FRY in Kosovo with Albania and
FYROM (Former Yugoslav Republic of Macedonia) until the arrival of
the civilian mission of the UN.
3. Phased Withdrawal of Yugoslavia Air and Air Defense Forces (YAADF)
a. At EIF + 1 day, no FRY aircraft, fixed wing and rotary, will fly
in Kosovo airspace or over the ASZ without prior approval by the international
security force ("KFOR") commander. All air defence systems,
radar, surface-to-air missile and aircraft of the Parties will refrain
from acquisition, target tracking or otherwise illuminating international
security ("KFOR") air platforms operating in the Kosovo
airspace or over the ASZ.
b. By EIF + 3 days, all aircraft, radars, surface-to-air missiles
(including man-portable air defense systems (MANPADS)) and anti-aircraft
artillery in Kosovo will withdraw to other locations in Serbia outside
the 25 kilometre ASZ.
c. The international security force ("KFOR") commander will
control and coordinate use of airspace over Kosovo and the ASZ commencing
at EIF. Violation of any of the provisions above, including the international
security force ("KFOR") 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 ASZ,
are subject to military action by the international security force
("KFOR"), including the use of necessary force. The international
security force ("KFOR") commander may delegate control of
normal civilian air activities to appropriate FRY institutions to
monitor operations, deconflict international security force ("KFOR")
air traffic movements, and ensure smooth and safe operations of the
air traffic system. It is envisioned that control of civil air traffic
will be returned to civilian authorities as soon as practicable.
Article III
Notifications
1. This Agreement and written orders requiring compliance
will be immediately communicated to all FRY forces.
2. By EIF +2 days, the State governmental authorities of the FRY and
the Republic of Serbia shall furnish the following specific information
regarding the status of all FRY Forces:
a. Detailed records, positions and descriptions of all mines, unexploded
ordnance, explosive devices, demolitions, obstacles, booby traps,
wire entanglement, physical or military hazards to the safe movement
of any personnel in Kosovo laid by FRY Forces.
b. Any further information of a military or security nature about
FRY Forces in the territory of Kosovo and the GSZ and ASZ requested
by the international security force ("KFOR") commander.
Article IV
Establishment of a Joint Implementation Commission (JIC)
A JIC shall be established with the deployment of the international
security force ("KFOR") to Kosovo as directed by the international
security force ("KFOR") commander.
Article V
Final Authority to Interpret The international security force ("KFOR")
commander is the final authority regarding interpretation of this Agreement
and the security aspects of the peace settlement it supports. His determinations
are binding on all Parties and persons.
Article VI
Entry Into Force
This agreement shall enter into force upon signature.
Appendices:
A. Phased Withdrawal of FRY Forces from Kosovo
B. International security force ("KFOR") operations
Appendix B: INTERNATIONAL SECURITY FORCE ("KFOR") Operations
1. Consistent with the general obligations of the Military Technical
Agreement, the State Governmental authorities of the FRY and the Republic
of Serbia understand and agree that the international security force
("KFOR") will deploy and operate without hindrance within
Kosovo and with the authority to take all necessary action to establish
and maintain a secure environment for all citizens of Kosovo.
2. The international security force ("KFOR") commander shall
have the authority, without interference or permission, to do all he
judges necessary and proper, including the use of military force, to
protect the international security force ("KFOR"), the international
civil implementation presence, and to carry out the responsibilities
inherent in this Military Technical Agreement and the Peace Settlement
which it supports.
3. The international security force ("KFOR") nor any of its
personnel or staff 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 Agreement. The parties will agree a Status of
Forces Agreement (SOFA) as soon as possible.
4. The international security force ("KFOR") shall have the
right:
a. To monitor and ensure compliance with this Agreement and to respond
promptly to any violations and restore compliance, using military
force if required. This includes necessary actions to:
(1) Enforce withdrawals of FRY forces.
(2) Enforce compliance following the return of selected FRY personnel
to Kosovo.
(3) Provide assistance to other international entities
involved in the implementation or otherwise authorized by the UNSC.
b. To establish liaison arrangements with local Kosovo authorities,
and with FRY/Serbian civil and military
authorities.
c. To observe, monitor and inspect any and all facilities or activities
in Kosovo that the international security force ("KFOR")
commander believes has or may have military or police capability,
or may be associated with the employment of military or police capabilities,
or are otherwise relevant to compliance with this Agreement.
5. Notwithstanding any other provision of this Agreement, the Parties
understand and agree that the international security force ("KFOR")
commander 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 international security force ("KFOR")
commander determines a potential threat to either the international
security force ("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
international security force ("KFOR") shall be subject to
military action by the international security force ("KFOR"),
including the use of necessary force, to ensure compliance.
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