REGULATION NO. 2000/8
UNMIK/REG/2000/8
29 February 2000
The Special Representative of the Secretary-General,
Pursuant to the authority given to him under United
Nations Security Council resolution 1244 (1999) of 10
June 1999,
Taking into account United Nations Interim Administration
Mission in Kosovo (UNMIK) Regulation
No. 1999/1 of 25 July 1999, as amended, on the Authority of the Interim
Administration in Kosovo,
For the purpose of regulating the provisional
registration of businesses in Kosovo,
Hereby promulgates the following:
Section 1
1.1 The
present regulation shall govern the provisional registration of businesses in
Kosovo.
1.2 The
term “business” as used in the present regulation means any entity that engages
in lawful economic activity for the purpose of making a profit. Businesses shall be further classified for
the purposes of provisional registration according to provisions of the “Matrix
of Classification” which shall be specified in an administrative direction.
1.3 This
regulation shall extend to the registration of any business currently
established in Kosovo or any business seeking to be established in Kosovo.
Section 2
2.1 According
to the deadlines for registration given by administrative direction, all
businesses shall apply for provisional registration on application forms to be
obtained from UNMIK, together with a non-refundable administrative fee. The administrative fee shall be specified in
an administrative direction.
2.2 Provisional
registration shall be effected by UNMIK until the Special Representative of the
Secretary-General establishes, pursuant to UNMIK Regulation
No. 2000/1 of 14 January 2000, the competent administrative department at
which time authority to effect business registration will be transferred to
that administrative department.
2.3 Applicants
shall be responsible for submitting all information and supporting
documentation for provisional registration as required in the application
forms.
2.4 Within
five (5) working days of the filing of the application for provisional
registration, UNMIK shall issue a written Confirmation of receipt of the
application that shall contain an application filing number.
Section 3
3.1 Within
twenty (20) working days of the issuance of the Confirmation, UNMIK shall issue
either a Certificate of Provisional Business Registration containing a
Provisional Business Registration Number or a written Decision denying
provisional registration.
3.2 A
certification fee shall be payable upon issuance of the Certificate of
Provisional Business Registration. The
certification fee shall be specified in an administrative direction.
3.3 A
Certificate of Provisional Business Registration may not be transferred.
3.4 The
original Certificate of Provisional Business Registration shall be kept with
the books and accounts of the business and shall be available for inspection by
the relevant authorities during regular business hours. A copy of the
Certificate of Provisional Business Registration shall be prominently displayed
in each location where operations are conducted by the business. Further
details regarding such display in the locations of branch or subsidiary
operations of a business shall be contained in an administrative direction.
3.5 All
correspondence and other business documents such as invoices, orders,
acknowledgments of orders, contracts, etc. issued by a business shall contain
the registered full name and address of the business, the nature of its
organization and types of economic activity conducted, the name of the
authorized representative(s) and the Provisional Business Registration Number.
3.6 The
issuance of a Certificate of Provisional Business Registration shall not be
construed as endorsement by UNMIK of the activities carried out by the
business, nor is it evidence of the truth of the information submitted by
applicants to obtain such registration.
Section 4
4.1 UNMIK
may reject an application on the following grounds:
(a)
the
information and/or documentation submitted by an applicant is incomplete or
does not comply with the information required for registration in which case
the applicant shall be given a reasonable period of time to submit an amended
application;
(b)
the
purpose of the business activity(ies) is inconsistent with the provisions of
United Nations Security Council resolution 1244 (1999)
or with any UNMIK Regulation or any provision of applicable law;
(c)
the
business has the same name or a name similar to a previously registered or
established business, which is likely to cause confusion; or
(d)
any
other legitimate reason pertaining to public peace and order which the Special
Representative of the Secretary-General deems sufficient.
4.2 UNMIK
may in writing suspend or revoke the registration of a business for good cause
specifying the reasons for such suspension or revocation. Except in the case of
violations posing a threat of harm to the public and/or posing an environmental
hazard, UNMIK shall give the business an opportunity to respond prior to
suspending or revoking the registration.
4.3 A
business that is denied registration on any of the grounds in section 4.1 or has
its registration suspended or revoked under section 4.2 of this regulation
shall have the right to submit an appeal to UNMIK through the Office of the
Municipality in which it is located within fourteen (14) days of the date of
the Decision citing the grounds for rejection of the application under section
4.1 or the notice of revocation or suspension issued pursuant to section 4.2.
4.4 A
business affected by the determination made by UNMIK under section 4.3 may
apply for review of that determination to a court of competent jurisdiction in
Kosovo.
Section 5
5.1 Any
subsequent change of circumstances related to information required and
submitted for registration by businesses shall be reported to UNMIK within seven
(7) working days, on forms to be obtained from UNMIK.
5.2 The
cessation of a business shall be reported by its authorized representative(s)
to UNMIK within seven (7) working days on forms to be obtained from UNMIK.
Section 6
6.1 From
30 June 2000, a business shall not operate unless registered in accordance with
the present regulation and any applicable administrative directions and laws,
with the exception of operations necessary to the creation and establishment of
a new business.
6.2 After
30 June 2000, all new businesses shall be required to register within fourteen
(14) days of the date of commencement of operation.
6.3 A
business shall not operate after its registration has been suspended or revoked
under section 4 of the present regulation.
6.4 Violations
of the present section shall result in closure of the business by the police
authorities until a Certificate of Provisional Business Registration has been
issued or restored.
Section 7
UNMIK shall maintain a Provisional Register of
Businesses which shall state the name, address, nature of organization and type
of activities of each business, as well as the name, address and other contact
information of its authorized representative(s). The register shall be
available to the public in a location and at times to be specified in an
administrative direction.
Section 8
The Special Representative of the Secretary-General
may give administrative directions in connection with the implementation of the
present regulation.
Section 9
The present regulation shall supersede any provision
in the applicable law relating to the registration of businesses in Kosovo that
is inconsistent with it.
Section 10
The present regulation shall enter into force on 1
March 2000.
Bernard Kouchner
Special Representative of the
Secretary-General