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In accordance with my authority under Annex 10 of the General Framework
Agreement for Peace in Bosnia and Herzegovina, and Article XI of the
Conclusions of the Peace Implementation Conference held in Bonn on 10
December 1997, I hereby
DECIDE
Notwithstanding the provision of any other law, state-owned real property,
including former socially-owned property, but excluding socially owned
apartments, may not be disposed of, allotted, transferred, sold, or given
for use or rent, by the authorities of either Entity or Bosnia and
Herzegovina.
Any decision referred to in the previous paragraph made by the authorities
of the Entities after 6 April 1992 which affects the rights of refugees
and
displaced persons shall be null and void, unless a third party has
undertaken lawful construction work.
This Decision does not apply to transactions for the purposes of
restitution
to pre-nationalisation owners, or for the purposes of privatisation, in
accordance with Entity laws specifically regulating these subjects.
This Decision does not apply to the territory of the District of Brcko.
Any decision, agreement or transaction in violation of this Decision is
null
and void. The Office of the High Representative may, upon a clear showing
by the competent authorities of an Entity or Bosnia and Herzegovina that a
proposed transfer of state-owned real property is non-discriminatory and
in
the best interests of the public, grant a written exemption to this
Decision. The burden of clearly showing that a proposed transfer of
state-owned real property is non-discriminatory and in the best interests
of
the public rests with the competent authority requesting a written
exemption
to this Decision.
This Decision shall enter into force as law on 27 April 2000 and shall
remain in force until 31 December 2000. This Decision may be extended.
My Decision of 31 December 1999 extending my Decision of 26 May 1999 on
the
suspension of the transfer of certain categories of socially owned
property
is hereby revoked and superseded by this Decision.
| Sarajevo, 27 April 2000 | Wolfgang Petritsch |
| | High Representative |
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