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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
ManCo Oil Company
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 ManCo Oil Company 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 ManCo Oil Company 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 order
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 ManCo Oil Company 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 ManCo Oil Company 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
ManCo Oil Company as aforesaid, shall be suspended upon the condition, that
those responsible for the management of the said ManCo Oil Company, 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 ManCo Oil Company 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 ManCo
Oil Company fail or refuse to provide such documents upon request, this order
blocking the accounts of ManCo Oil Company shall become effective forthwith.
Sarajevo, 7 March 2003
Paddy Ashdown
High
Representative
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