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In the exercise of the powers vested in me 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”;
Observing the importance that the international
community attaches to the proper administration of the banking system of Bosnia
and Herzegovina
as an integral part of the peace
implementation process;
Noting, by way of example of the said attachment, the welcome
given by the Peace Implementation Council at the Conference held in London on
4-5 December 1996 to the commitment of the authorities in Bosnia and Herzegovina
to pass laws in fields that include banking; further noting paragraph 44 a) of
the Declaration of the Ministerial Meeting of the Steering Board of the said
Council held in Luxembourg on 9 June 1998 in which the Board observed that new
banking legislation should be adopted in both Entities; and still further noting
the call to the authorities in Bosnia and Herzegovina, made by the said Council
at its meeting in Brussels on 23-24 May 2000, for the said authorities to
harmonize country-wide their approach in a number of areas including
banking;
Recalling that the “Privredna Banka a.d Srpsko Sarajevo” was
placed under provisional administration by a decision of the Banking Agency of
Republika Srpska dated 20 June 2003;
Further noting the decision of the High Representative No.
299/04 of
7 November 2004 ,
pursuant to which the banking license of “Privredna Banka a.d. Srpsko Sarajevo”
was revoked and, in accordance with which, the Provisional Administrator
commenced bankruptcy proceedings;
Recalling the report of the Provisional Administrator of
“Privredna Banka a.d. Srpsko Sarajevo”, dated 8 May 2006, in which she informed
the Banking Agency of Republika Srpska and the High Representative that, due to
the sale of property acquired by “Privredna Banka a.d. Srpsko Sarajevo” and due
to the accumulation of substantial funds through the collection of outstanding
debts, “Privredna Banka a.d. Srpsko Sarajevo” was in a solvent position as of 30
April 2006, and in which the Provisional Administrator recommended liquidation
of “Privredna Banka a.d. Srpsko Sarajevo”;
Mindful of the Decision of the High Representative No. 17/06 of
21 June 2006, according to which liquidation proceedings were instituted for
“Privredna Banka a.d. Srpsko Sarajevo”, and which, upon the written requests of
the Banking Agency of Republika Srpska dated 12 and 19 May 2006, appointed a
Liquidation Receiver for said bank;
Noting that the appointment of the Liquidation Receiver, as
determined by the Decision of the High Representative No. 17/06 of 21 June 2006
and as extended by the Decisions of the High Representative No. 24/06 of 30
August 2006 and No. 28/06 of 30 September 2006, was sufficient to create
conditions for the Banking Agency of Republika Srpska to assume responsibility
for any further liquidation proceedings with respect to “Privredna Banka Srpsko
Sarajevo, a.d.”;
Considering further, the final report of the Liquidation Receiver to
the High Representative of
14 December
2006, which recommends, “Following a period of time as determined by
the Banking Agency of Republika Srpska, the remnants of the “Privredna Banka
Srpsko Sarajevo, a.d.” […] be put into bankruptcy [proceedings] for final
determination”;
Ever conscious of the need to ensure that the liquidation of
“Privredna Banka a.d. Srpsko Sarajevo” can proceed efficiently, free from
illegitimate outside interference;
Having taken into account and considered the
totality of the matters aforesaid, I hereby make and issue the following:
Decision
Terminating the Appointment of the Liquidation Receiver for “Privredna
Banka a.d. Srpsko Sarajevo” and Transferring Competencies Concerning the
Liquidation Proceedings for “Privredna Banka a.d. Srpsko
Sarajevo” to the
Banking Agency of the Republika Srpska
Article 1
This Decision herewith terminates the appointment of Ms. Toby Robinson as
Liquidation Receiver of «Privredna Banka a.d. Srpsko Sarajevo», as appointed by
the Decision of the High Representative No. 17/06 (Official Gazette of the
Republika Srpska 63/06) and as extended by the Decisions of the High
Representative No. 24/06 and No. 28/06, (Official Gazette of the Republika
Srpska 89/06, 100/06).
Article 2
Ms. Toby Robinson shall, on the day of this Decision, submit to the Banking
Agency of the Republika Srpska a copy of her final written report, as
Liquidation Receiver, on the financial condition, legal status, and future
prospects of «Privredna Banka a.d. Srpsko Sarajevo» (hereinafter: the Bank).
The transmission of the aforesaid Final Report shall accompanied by all
documentation related to Liquidation Proceedings of the Bank, and any other
relevant information that served as the basis upon which the Liquidation
Receiver recommends that the remaining assets of the Bank be placed in
bankruptcy proceedings.
Article 3
Herewith, the Banking Agency of the Republika Srpska shall be, in accordance
with the Law on Banks of the Republika Srpska, responsible for Bank and any
further liquidation procedings.
Article 4
This Decision shall enter into force forthwith and shall be published without
delay in the Official Gazette of the Republika Srpska.
Sarajevo, 15 December
2006
Dr. Christian Schwarz-Schilling
High Representative
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