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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”;
Mindfulof the fact that the peace implementation process, which
continues to be pursued under the aegis of the General Framework Agreement for
Peace in Bosnia and Herzegovina, is not yet complete;
Further mindful of the fact that the peace implementation
process requires to be completed in order that a stable political and security
environment in Bosnia and Herzegovina is established which is conducive, inter
alia, to fundamental economic reform and to the return of refugees and displaced
persons;
Considering that the business environment and the peace
implementation process requires a sound and reliable banking system where banks
are subject to strict rules inter alia with respect not only to fighting against
terrorism but also in respect of those individuals who, or legal persons or
bodies which, obstruct or threaten to obstruct or pose a significant risk of
actively obstructing the implementation of the peace process; or who or which
materially assist in, sponsor, or provide financial or technological support
for, or goods and services in support of such obstructionism; or which are owned
or controlled by, or act or purport to act directly or indirectly for or on
behalf of, any of the foregoing.
Having considered, borne in mind and noted the totality of the matters
aforesaid, the High Representative hereby issues the following
DECISION
ENACTING THE LAW ON AMENDMENTS TO THE LAW ON BANKS OF THE
REPUBLIKA SRPSKA
The Law which follows, and of which this Decision forms an integral part,
shall come into effect pursuant to article 2 thereof but on an interim basis
until such time as the Legislature of the Republika Srpska adopts the same in
due form, without amendment and with no conditions attached. This Decision
shall itself come into effect forthwith and shall be published without delay in
the Official Gazette of the Republika Srpska.
Sarajevo, 7 March
2003
Paddy Ashdown
High Representative
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