20.12.2000

Decision amending the Law on Privatisation of Enterprises

In the exercise of the powers vested in me 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 implementation of the Peace Agreement throughout Bosnia and Herzegovina and its Entities”;

Bearing in mind that the Peace Implementation Council at its meeting in Madrid on 16 December 1998 urged the authorities to co-operate fully and without reservation with the international community on a comprehensive and coherent structural reform of the payment system, to be completed by 31 December 2000, and coinciding with the abolition of the present Payment Bureaux by that date;

Noting that the role and responsibilities of the Payment Bureaux in the field of privatisation will be taken over by the Agency for Privatisation in the Federation of Bosnia and Herzegovina, and that therefore amendments to the Law on Privatisation of Enterprises is required;

Considering that the entry into force of the Law on Amendments to the Law on Privatisation of Enterprises is essential to ensure the necessary legislative framework for the above mentioned Payment Bureaux reform in general, and the transfer of the Payment Bureaux? function in the privatisation process to the Agency for Privatisation in the Federation of Bosnia and Herzegovina in particular;

All this recalled, considered, borne in mind and noted, I hereby issue the following Decision. The Law which follows shall enter into force as provided for in Article 2 thereof on an interim basis, until such time as the Federation Parliament adopt this Law in due form, without amendments and with no conditions attached.

This Decision, which has immediate effect, shall be published without delay in the Official Gazette of the Federation of Bosnia and Herzegovina.

DECISION

ON LAW ON AMENDMENTS TO THE LAW ON PRIVATISATION OF ENTERPRISES

The Law on Privatisation of Enterprises (Official Gazette of Federation of BiH, No.27/97, 8/99, 32/00, 45/2000) is hereby amended as follows:

Article 1

In Article 25, Paragraph 2, words “the Payment Bureau of the Federation of BiH” are replaced by words “the Agency for Privatization in the Federation of BiH”.

Article 2

This Law shall be published without delay in the Official Gazette of the Federation of Bosnia and Herzegovina. It shall come into force on the 1 January 2001 or on the date of such publication whichever shall be the later, and shall be implemented when the FBiH Payment Bureau effectively ceases to perform its functions in relation to the privatisation process.

Sarajevo, 20 December 2000Wolfgang Petritsch
 High Representative

Office of the High Representative