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Article III: Facilities, Staff and Expenses
- The Commission shall have appropriate facilities and a professionally
competent staff, generally representative of the ethnic groups comprising Bosnia
and Herzegovina, to assist it in carrying out its functions. The staff shall be
headed by an executive officer, who shall be appointed by the Commission.
- The salaries and expenses of the Commission and its staff shall be
determined jointly by the Entities and shall be borne equally by them.
- Members of the Commission shall not be held criminally or civilly liable for
any acts carried out within the scope of their duties. Members of the
Commission, and their families, who are not citizens of Bosnia and Herzegovina
shall be accorded the same privileges and immunities as are enjoyed by
diplomatic agents and their families under the Vienna Convention on Diplomatic
Relations.
Article IV: Mandate
The Commission shall receive and decide on petitions for the designation of
property having cultural, historic, religious or ethnic importance as National
Monuments.
Article V: Proceedings before the Commission
- Any Party, or any concerned person in Bosnia and Herzegovina, may submit to
the Commission a petition for the designation of property as a National
Monument. Each such petition shall set forth all relevant information concerning
the property, including:
- the specific location of the property;
- its current owner and condition;
- the cost and source of funds for any necessary repairs to the property;
- any known proposed use; and
- the basis for designation as a National Monument.
- In deciding upon the petition, the Commission shall afford an opportunity
for the owners of the proposed National Monument, as well as other interested
persons or entities, to present their views.
- For a period of one year after such a petition has been submitted to the
Commission, or until a decision is rendered in accordance with this Annex,
whichever occurs first, all Parties shall refrain from taking any deliberate
measures that might damage the property.
- The Commission shall issue, in each case, a written decision containing any
findings of fact it deems appropriate and a detailed explanation of the basis
for its decision. The Commission shall make decisions by a majority of its
members. Decisions of the Commission shall be final and enforceable in
accordance with domestic law.
- In any case in which the Commission issues a decision designating property
as a National Monument, the Entity in whose territory the property is situated
(a) shall make every effort to take appropriate legal, scientific, technical,
administrative and financial measures necessary for the protection,
conservation, presentation and rehabilitation of the property, and (b) shall
refrain from taking any deliberate measures that might damage the property.
Article VI: Eligibility
The following shall be eligible for designation as National Monuments: movable
or immovable property of great importance to a group of people with common
cultural, historic, religious or ethnic heritage, such as monuments of
architecture, art or history; archaeological sites; groups of buildings; as well
as cemeteries.
Article VII: Rules and Regulations
The Commission shall promulgate such rules and regulations, consistent with this
Agreement, as may be necessary to carry out its functions.
Article VIII: Cooperation
Officials and organs of the Parties and their Cantons and Municipalities, and
any individual acting under the authority of such official or organ, shall fully
cooperate with the Commission, including by providing requested information and
other assistance.
Article IX: Transfer
Five years after this Agreement enters into force, the responsibility for the
continued operation of the Commission shall transfer from the Parties to the
Government of Bosnia and Herzegovina, unless the Parties otherwise agree. In the
latter case, the Commission shall continue to operate as provided above.
Article X: Notice
The Parties shall give effective notice of the terms of this Agreement
throughout Bosnia and Herzegovina.
Article XI: Entry into Force
This Agreement shall enter into force upon signature.
For the Republic of Bosnia and Herzegovina
For the Federation of Bosnia and Herzegovina
For the Republika Srpska
Office of the High Representative
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