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In the exercise of the powers
vested in the High Representative by Article V of Annex 10 (Agreement on
Civilian Implementation of the Peace Settlement) to the General Framework
Agreement for Peace in Bosnia and Herzegovina, according to which the High
Representative is the final authority in theatre regarding interpretation of the
said Agreement on the Civilian Implementation of the Peace Settlement; and
considering in particular Article II.1. (d) of the last said Agreement,
according to the terms of which the High Representative shall “Facilitate, as
the High Representative judges necessary, the resolution of any difficulties
arising in connection with civilian implementation”;
Recalling paragraph XI.2 of the
Conclusions of the Peace Implementation Conference held in Bonn on 9 and 10
December 1997, in which the Peace Implementation Council welcomed the High
Representative’s intention to use his final authority in theatre regarding
interpretation of the Agreement on the Civilian Implementation of the Peace
Settlement in order to facilitate the resolution of any difficulties as
aforesaid “by making binding decisions, as he judges necessary” on certain
issues including (under sub-paragraph (c) thereof) “measures to ensure
implementation of the Peace Agreement throughout Bosnia and Herzegovina and its
Entities”;
Considering that the business
environment requires a sound and reliable banking system where banks are subject
to strict rules inter alia with respect to paid in share capital, investments in
legal entities, governance, security of public revenue funds, fighting against
money laundering and liabilities of bank owners and managers;
Noting that in February 2002 the Republika Srpska
authorities received for harmonization purpose the output of the working group
established in order to upgrade the Law on Banks of the Federation of Bosnia and
Herzegovina;
Further noting that a consolidated
Law on Banks was approved in first reading by the National Assembly of the
Republika Srpska;
Bearing in mind the necessity to
harmonize the Laws on Banks of the Entities and thus to strengthen public
confidence and that of investors in the credibility of the banking system and in
the will to avoid bankruptcy or provisional administration of banks because of
deficiencies of regulatory provisions.
Having considered the totality of the matters aforesaid, the
High Representative hereby issues the following
DECISION
Enacting THE LAW ON BANKS OF THE REPUBLIKA
SRPSKA
The Law which follows, and of which forms an integral part of
this Decision, shall come into effect pursuant to article 132 thereof but on an
interim basis until such time as the Republika Srpska Legislature adopts the
same in due form, without amendment and with no conditions attached. This
Decision shall come into effect forthwith and shall be published without delay
in the Official Gazette of the Republika Srpska.
Sarajevo, October 2002
Paddy Ashdown
High Representative
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