Law of Ukraine
"On Ratification of the Memorandum of Understanding between the Government of Ukraine and the Organization for Security and Co-operation in Europe (OSCE) on Deployment of the OSCE Special Monitoring Mission"
Date of entry into force:
June 14, 2014
The Memorandum of Understanding between the Government of Ukraine and the Organization for Security and Co-operation in Europe (OSCE) on Deployment of the OSCE Special Monitoring Mission (hereinafter referred to as "Memorandum") was signed on April 14, 2014 in Vienna.
The Constitution of Ukraine (Article 85, paragraph 32) states that the Verkhovna Rada of Ukraine provides consent for Ukraine to be bound by international agreements. And, according to Article 9 of the Law of Ukraine "On International Agreements of Ukraine", the Memorandum is subject to ratification.
The Law ratifies the Memorandum.
According to Article 1 of the Memorandum, the OSCE Special Monitoring Mission in Ukraine (hereinafter referred to as "Mission"), headed by the Head of Mission and consisting of OSCE officials and other persons providing for the Mission's operation (hereinafter collectively referred as "Members of the Mission") is deployed to Ukraine according to the Decision of the OSCE Permanent Council N1117 of March 21, 2014. The Head of Mission directs, coordinates and manages the work of the Mission. The Mission can employ local personnel if required.
The Mission will work throughout the entire territory of Ukraine. The Mission's head office will be located in Kyiv. Initially, field offices will be opened in Kherson, Odesa, Lviv, Ivano-Frankivsk, Kharkiv, Donetsk, Dnipropetrivsk, Chernivtsi, and Luhansk. Additional field offices may be opened in other locations throughout the territory of Ukraine (Article 2 of the Memorandum).
According to Article 3 of the Memorandum, the mission will maintain communication with the OSCE Project Coordinator in Ukraine, and can use his logistical, organizational and operational assistance, with regard to separate mandates of the Mission and the OSCE Project Coordinator in Ukraine. The Government of Ukraine shall grant all members of the Mission freedom of movement and travel throughout the entire territory of Ukraine, without prior notification. The Government shall facilitate in establishing and maintaining contacts of the Mission and its members with central and local authorities; and shall not obstruct contacts of the Mission with political parties, non-governmental organizations, individuals or citizen groups. The Mission also has the right to initiate and maintain such contacts through its own initiative.
Article 4 of the Memorandum establishes the following:
- the premises, vehicles and property of the Mission and its members are inviolable;
- the Government of Ukraine shall view the Mission as a diplomatic mission. After receiving notification from the Head of Mission, the Government shall view the members of the Mission who are OSCE officials and not citizens of Ukraine as diplomatic agents accredited in Ukraine, and shall ensure their protection and security at the same level as is provided to the existing diplomatic representative offices in Ukraine;
- the Mission's archives and all documents owned by it or managed by it, irrespective of their form (text, photographic, graphic, cartographic, audiovisual, as well as digital recordings and microfilms) are inviolable.
The privileges and immunities of the Mission and its personnel are provided for by Article 5 of the Memorandum.
Any expenses incurred for official use by the Mission or its members in Ukraine are exempt from the value added tax. The mission can import any items for official use without restrictions, exempt from any import fees (Article 6 of the Memorandum).
According to Article 7 of the Memorandum, the Mission shall have access to appropriate communication networks and equipment in Ukraine, and can use its own means of communication, including satellite, mobile, wireless and handheld radio devices.
Article 8 of the Memorandum establishes the following:
- the Government of Ukraine shall take all measures necessary to facilitate timely issue of appropriate visas, free of charge, to all members of the Mission, to provide for their legal entry into Ukraine;
- the Government of Ukraine shall issue diplomatic cards to all members of the Mission who are OSCE officials;
- the Government of Ukraine shall issue diplomat license plates for any vehicles used by members of the Mission;
- the Mission and its members can install the flag, emblem and other OSCE insignia on their vehicles and property.