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To: The Central Bank of Bosnia and Herzegovina,
and to the Banking Agencies of Republika Srpska and the Federation of Bosnia and
Herzegovina, and to each and every bank falling within the jurisdiction of the
Banking Agency of Republika Srpska or the Federation of Bosnia and Herzegovina
Suspended Order of 7 March 2003
Blocking All Bank Accounts of, held by, and/or in the name
of
Privredna Banka Sarajevo ad, also known as Privredna Banka ad
Srpsko Sarajevo
In the exercise of the powers vested in the High Representative by Article V
of Annex 10 to the General Framework Agreement for Peace in Bosnia and
Herzegovina and not by way of substitution for any domestic authority, it is
hereby ordered by the High Representative in the exercise of his power under
Annex 10 aforesaid that each and every account of, held by, and/or in the name
of Privredna Banka Sarajevo ad, also known as Privredna Banka ad Srpsko Sarajevo
is and shall be blocked in each and every bank and its branches coming within
the jurisdiction of the Banking Agency of Republika Srpska or the Banking Agency
of the Federation of Bosnia and Herzegovina, with immediate effect and until
further notice but subject to the suspension hereinafter referred to. For the
avoidance of doubt, money, valuables or other property held to the account of
Privredna Banka Sarajevo ad, also known as Privredna Banka ad Srpsko Sarajevo as
aforesaid, shall be deemed to include such money, valuables or property held in
bank vaults or otherwise in the safe keeping of the bank concerned.
In the exercise of the powers vested in the High Representative under Annex
10 aforesaid, subject to the suspension hereinafter referred to, it is ordered
that special reserve accounts shall be opened in the Central Bank of Bosnia and
Herzegovina in the name of each and every commercial or other bank that has, by
reason of the order herein or otherwise, blocked accounts of, held by, and/or in
the name of Privredna Banka Sarajevo ad, also known as Privredna Banka ad Srpsko
Sarajevo as aforesaid. All such banks and their branches with accounts as
aforesaid are required to transfer forthwith the amount of funds contained in
such blocked accounts to the safe keeping of the Central Bank of Bosnia
and Herzegovina, or one of its main units.
In the exercise of the High Representative’s powers under Annex 10 aforesaid,
banks and their branches are further required, subject to the suspension
hereinafter referred to, to forward to the Central Bank of Bosnia and
Herzegovina and to the Banking Agency of Republika Srpska and the Banking Agency
of the Federation of Bosnia and Herzegovina and to the Office of the High
Representative, all information related to any transaction on any account of,
held by, and/or in the name of Privredna Banka Sarajevo ad, also known as
Privredna Banka ad Srpsko Sarajevo as aforesaid during the 10 days prior to as
well as immediately following the order herein as well as all information
related to attempted transactions hereafter to and from such blocked accounts.
Such reports must include details as to all signatories to accounts so blocked,
account balances and account numbers.
Failure to comply with this Order by the director of a bank, by any
individual on behalf of a bank or by any employee thereof may hereafter be
treated as participation in a transaction contrary to the provisions of the
Entity Laws on Banking Agencies and Entity Laws on Banksand may lead to
penalties which can include in the case of individuals, financial penalties, and
in the case of a bank, the revocation of the licence of that Bank.
For the avoidance of doubt it is hereby specifically declared and provided
that the provisions of the Order contained herein are, as to each and every one
of them, laid down by the High Representative pursuant to his international
mandate and are not therefore justiciable by the Courts of Bosnia and
Herzegovina or its Entities or elsewhere whether in respect of the Banking
Agencies or otherwise and no proceedings may be brought in respect of duties
carried out thereunder before any court whatsoever at any time hereafter.
Provided however, that the terms of this Order blocking the accounts of
Privredna Banka Sarajevo ad, also known as Privredna Banka ad Srpsko Sarajevo as
aforesaid, shall be suspended upon the condition that those responsible for the
management of the said Privredna Banka Sarajevo ad, also known as
Privredna Banka ad Srpsko Sarajevo, provide to the Office of the High
Representative or to such other agency as may be designated by the Office of the
High Representative, all books and records of the said Privredna Banka Sarajevo
ad, also known as Privredna Banka ad Srpsko Sarajevo including, but not limited
to, minutes of meetings of directors and shareholders, financial ledgers, books
of account, financial records, organizational documents, shareholders lists,
contracts and all other documents of any kind or nature relating to its
financial transactions, its ownership and its management. In the event
that Privredna Banka Sarajevo ad, also known as Privredna Banka ad Srpsko
Sarajevo fails or refuse to provide such documents upon request, this order
blocking the accounts of Privredna Banka Sarajevo ad, also known as Privredna
Banka ad Srpsko Sarajevo shall become effective forthwith.
Sarajevo, 7 March 2003
Paddy Ashdown
High
Representative
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