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High Representative's DecisionDecision imposing the Framework Law on Privatisation of Enterprises and Banks in BiH22 July 1998 |
In accordance with my authority under Annex 10 of the Peace Agreement and
Article XI of the Bonn Document, I do hereby decide that the Framework Law
on Privatisation of Enterprises and Banks in Bosnia and Herzegovina shall
enter into force by 23 July 1998 on an interim basis, until the House of
Peoples adopts this law in due form, without amendments and no conditions
attached.
Framework Law on Privatisation of Enterprises and Banks in Bosnia and HerzegovinaThe General Framework Agreement for Peace in Bosnia and Herzegovina (hereinafter called the GFAP) and particularly its Annex 4 determines the respective functions and responsibilities of the Institutions of Bosnia and Herzegovina and of the Entities as well as the financial obligations of the Entities towards those Institutions, but contains no specific provision regarding the ownership of public assets. The purpose of this law is to establish a secure legal environment for the privatisation process of enterprises and banks and to permit that such process takes place as transparently and rapidly as possible for the benefit of the citizens of Bosnia and Herzegovina (BH), including displaced persons and refugees. Therefore, the Parliamentary Assembly of Bosnia and Herzegovina passes this Law expressly recognising the right of the Entities to privatise non-privately owned enterprises and banks located on their territories and to receive the proceeds therefrom according to legislation adopted by their respective Parliaments. Article 1 Definitions For the purpose of this Law: BH natural persons means citizens of BH, irrespective of their place of residence. BH legal persons means legal persons organised under the law and registered in either Entity. Citizens Claims means the right to compensation as part of the privatisation process in recognition of obligations as defined by Entity legislation. Foreign natural persons means natural persons who hold the citizenship of another state than BH. Foreign legal persons means legal persons established and having their registered office, central administration or principal place of business in a state other than Bosnia and Herzegovina. Enterprises and banks means any BH legal persons engaged in business venture located in the territory of the Federation of BH or in that of Republika Srpska, including those enterprises and banks which are components of holding companies or conglomerates of enterprises and banks. Article 2 Scope of the Law
Article 3 Entity Privatisation Laws
Article 4 Allocation of Proceeds and Claims
Article 5 Inter-Entity Co-operation The Entity Governments shall co-operate to address and resolve issues related to the implementation of this Law and other matters related to privatisation which are of Inter-Entity interest, and which cannot be resolved by one Entity alone. If necessary, they will establish a joint mechanism for this purpose. Issues that cannot be resolved by consensus decision of the Entities should be subject to arbitration in accordance with Annex 5 to the GFAP. The establishment and use of such a mechanism to resolve specific issues should not impede the process of privatisation in general. Article 6 The Entities will bring their legislation into line with this Law within 60 days after the entry into force of this Law. Article 7 Entry into Force This Law enters into force 8 days after the publication in the Official Gazette of Bosnia and Herzegovina. This Law will also be published in the official gazettes of the Entities. |
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