The High Representative’s Decision of 27 April 2000 banned the disposal of state-owned property, including formerly socially-owned property, except where OHR expressly waived the ban on such disposals upon a demonstration that the proposed re-allocation of state owned property was non-discriminatory and in the best interests of the public. Under this Decision, municipalities seeking to reallocate state-owned property were required to submit their requests for a waiver, together with supporting documentation to the Office High Representative. While successful requests received written waivers from OHR, the legality allocations of state owned property remained subject to otherwise applicable domestic law and procedures.

On 16 of May 2003, the High Representative imposed new laws to govern the disposal of state owned construction land. While the expiration of the ban on 15 May 2003 restored the domestic authority to dispose of state-owned, the new laws on construction land in both entities establishes a mechanism through which all disposals of state-owned property made since the beginning of the 1992 conflict, and where no waiver was granted by OHR, may be challenged in a special administrative “revision” procedure. In cases where a waiver was obtained, the disposal of state property may still be challenged, but only within a court procedure.

The Office of the High Representative herewith publishes all waivers to the ban on transfers of state owned property for the Federation of Bosnia and Herzegovina and Republika Srpska.