Decision establishing the Privatisation Monitoring Commission

Pursuant to my authority under Annex 10 to the General Framework Agreement for Peace in Bosnia and Herzegovina, I hereby decide to establish a Privatisation Monitoring Commission as one of the important components of the privatisation process in Bosnia and Herzegovina.

  1. A Privatisation Monitoring Commission (the Commission) is hereby established to monitor the privatisation process of enterprises and banks which is to be carried out by the Entities in accordance with the principles laid down in the General Framework Agreement on Peace in Bosnia and Herzegovina (GFAP) and in the Framework law on privatisation of banks and enterprises.
  2. Particular attention shall be paid by the Commission to the respect of the non-discrimination principle in the allocation of citizen claims as well as to transparency and public accountability, including the review of changes in capital structure or ownership transformation which took place since 31 December 1991.
  3. The Commission is an independent body which will have a budget and the staff necessary to fulfil its functions. Proposals to that effect shall be made by the Commission to the High Representative. The Chairman and members of the Commission and professional staff shall be assimilated to OHR professional staff and enjoy the same privileges and immunities as per the GFAP, Annex 10, article III.4.
  4. The Commission will act ex officio or upon allegations and complaints and will make recommendations to the High Representative and to any competent authority and authorised bodies in the field of privatisation.
  5. The Commission shall submit a monthly report on its activities to the High Representative.
  6. The High Representative will appoint the Chairman and as many members of the Commission as he deems necessary. Initially, he will appoint three members, including the Chairman and may, subsequently decide to appoint additional members.
  7. The Commission, its members and authorised staff, shall be given full and unrestricted access to any document, information or premises deemed necessary by the Commission to carry out its tasks.

Sarajevo on 23 June, 1998.

Carlos Westendorp
High Representative

Office of the High Representative