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 the Peace Agreement throughout Bosnia and Herzegovina and its Entities which "may include actions against persons holding public office or officials...who are found by the High Representative to be in violation of legal commitments made under the Peace Agreement or the terms for its implementation";

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 reform;

Conscious of the need to prevent the funding of activities which are, or which threaten to be obstructive of the peace implementation process as pursued under the aegis of the General Framework Agreement for Peace in Bosnia and Herzegovina;

Noting that the Election Law of Bosnia and Herzegovina requires the Presidents of political parties to state that the activities of the political party comply with the General Framework Agreement for Peace in Bosnia and Herzegovina;

Cognizant that the Election Law of Bosnia and Herzegovina and the Law on Party Financing of Bosnia and Herzegovina introduced the concept of transparency of funding of political parties with a view to curb ingrained corruption in Bosnia and Herzegovina which undermines democratic governance, wastes public resources and hinders the development of market economy;

Regretting that a number of persons indicted under Article 19 of the Statute of the International Criminal Tribunal for former Yugoslavia have been able, prior to the date hereof, to elude just prosecution, and that such eluding of just prosecution cannot have occurred without the assistance of other individuals and entities, whereby the implementation of the General Framework Agreement for Peace in Bosnia and Herzegovina has been obstructed;
 
Keeping in mind the fact that several members of the Srpska Demokratska Stranka (hereinafter: SDS) were removed by the High Representative for their involvement in activities inimical to the stability of Bosnia and Herzegovina and the rule of law, some of which, directly or indirectly provide material support and sustenance to an individual indicted under Article 19 of the aforesaid, namely Mr. Radovan Karadzic;

Mindful of the fact that the SDS was founded by an indicted war criminal who remains at large, and therefore the SDS has a special responsibility to break its links with the past, to cooperate fully with ICTY, and to assist in the detention and transfer of that indictee to The Hague.

Having considered, borne in mind and noted all the matters aforesaid, the High Representative hereby issues the following:

DECISION
Suspending All Disbursements of Budgetary Itemisations for Party Funding to the SDS and Ordering the SDS to submit a Financial Plan for the period from 1 January 2003 until 31 March 2004

I. Suspension of Disbursements

Article 1

All disbursements of budgetary itemisations for political party funding to the SDS in the Parliamentary Assembly of Bosnia and Herzegovina, the National Assembly of Republika Srpska, City and Municipal Assemblies shall be suspended as of 2 April 2004, 0800 am.

The suspension of disbursement of budgetary itemisations for political party funding provided for under the previous paragraph will remain in effect until otherwise provided by the High Representative.

Article 2

At the State level, the Minister of Finance and Treasury and her Deputy, or any other person who may be acting on behalf of the aforesaid persons, are hereby directed: 

1. to implement this Decision;
2. to furnish no later than three working (3) days from the date of the signing of this Decision evidence, in the form of a written undertaking, to the Office of the High Representative that this Decision has been executed.

The Minister of Treasury and Finance shall be held accountable for the orderly execution of this Decision.

Article 3

At the level of Republika Srpska, the Minister of Finance, or any other person who may be acting on behalf of the aforesaid persons, are hereby directed: 

1. to implement this Decision  to the extent it applies to them;
2. to determine the amounts of disbursement made at the time of this Decision and the amounts of disbursement suspended by this Decision;
3. to furnish no later than three working (3) days from the date of the signing of this Decision evidence, in the form of a written undertaking, to the Office of the High Representative that this Decision has been executed, including the amounts determined pursuant to previous paragraph.

The Minister of Finance shall be held accountable for the orderly execution of this Decision.

Article 4

At the City and Municipal level, the Head of Finance Office, or any other person who may be acting on behalf of the aforesaid persons, are hereby directed: 

1. to implement this Decision to the extent it applies to them;
2. to determine the amounts of disbursement made at the time of this Decision and the amounts of disbursement suspended by this Decision;
3. to furnish, no later than three working (3) days from the date of the signing of this  Decision, evidence, in the form of a written undertaking, to the Office of the High Representative that this Decision has been executed, including the amounts determined pursuant to previous paragraph.

The Head of Finance Office shall be held accountable for the orderly execution of this Decision.

Article 5

If, upon entry into force of this Decision, the amounts already disbursed to the SDS from the Budget of Republika Srpska, its Municipalities and Cities exceed the sum of monthly entitlements under Article 4, Paragraph 2 of the Law on Financing of Political Parties of Republika Srpska (OG/RS 17/00), said excess amounts shall be refunded to the relevant authority. 

II. Financial Report

Article 6

The SDS is hereby ordered to file a financial report in accordance with this Decision for 2003 and the first three months of 2004.

Such report shall be filed with the Office of the High Representative by 19 April 2004.

Article 7

The Financial Report shall comprise the following forms:

1. General Data on the Political Party (Form 1) including territorial Structure of the Political Party (Form 1-1);
2. Transaction Account Turnover of the Political Party (Form 2) including Cash Transactions (Form 2-2);
3. Total Income of the Political Party (Form 3) including Contributions of Physical Persons (Form 3-a) and Legal Persons (Form 3-b) above 100KM, Property Income of the Political Party (Form 3-c), Income from Legal Persons owned by the Political Party (Form 3-d), In Kind Donations and Accounts that a political party was not obligated to settle (Form 3-e), and Budgetary Income (Form 3-f);
4. Expenditure of the Political Party (Form 4) including Overhead and Operating Expenses (Form 4-1), Marketing Expenses (Form 4-2) and other Expenses (Form 4-3);
5. Loan and Debts (Form 5).

In Form 1-1 and Form 2, name of bank means banks located in Bosnia and Herzegovina and abroad.

All the Forms are attached to and constitute an integral part of this Decision.

Article 8

The President of the SDS shall sign the financial report submitted in accordance with Article 5 of this Decision and shall be held accountable for the accuracy of data presented therein.

Article 9

This Decision does not require further procedural steps to be taken and shall supersede any regulation or law which may be in contradiction with it. This Decision in no way releases the SDS of its obligations under the Election Law of Bosnia and Herzegovina or the Law on Party Financing of Bosnia and Herzegovina.

Article 10

For the avoidance of doubt, it is hereby specifically declared and provided that the provisions of the Decision 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, and no proceedings may be brought in respect of duties carried out thereunder before any court whatsoever at any time hereafter.

Article 11

This Decision shall enter into force forthwith and shall be published without delay in the Official Gazette of Bosnia and Herzegovina and the Official Gazette of Republika Srpska.