RegulalkHts, 1995

L .N. I of 1995

UNITED NATIONS (SECURITY COUNCIL SANCTIONS)

ACT. 1993

(ACT. NO. XX OF 1993)

United Natloru; Sanctions (Republic or Bosnia and Hen.egovina)

RegulalkHts, 1995

IN exercise of the powers conferred by section 3 of the United

Nations (Securi ty Council Sanctions) Act, 1993, the Pri me Minister

has made the following regulations:-

I. These regul ations may be ci ted as the United Nations

Sanctions (Republic of Boonia and Herzegovina) Regulations, 1995.

D awn ir-regola men li jistgliu jissejhu r· Regola me nti to' 1- 1995

dwar Sanzjonijic l lan-Naujonij ic t Unit i fir-rigward tar-Re pu bblika ta'

Bosnia u HCl7.cgovina.

( Regulation 3)

RESOLlITlON 941 (1994)

Adopted by the Stcurity CouDdla' iu 3428th meeting, 011 2J September 1994

The Security Coundl ,

Recalling all ils earlier relevant resolutions.

AfnrlDing ils oommitmenllo a negoti ated selllc:men t of the oonnicl in the fonner

Yugoslavi a , prc5el"ling the terri torial integri ty of all the Stales there within their

interna tionally recognized borders ,

Expressing appredatJon for the efforls undenaken by the represen tatives of the

United "';ation5, the European Union, the United States of America and the Russian

Federation to assist the parties in rcacl1ing a settlement,

Reaftinni., the need for a lasting peace se ttlement to be signed by all the Bosnian

panies, and implemented in good fai th by them, and condemning lhe decision by the

Sosnian Serb pany to refuse to accept the proposed territori al 5Cttlement (SJI994f

1081).

Viewing the measures imposed by the present resolution lmd by its previous

relevan t resolutions as a means towa rds the end of producing a negotiated settlement to

the confl ict,

Esp.-cdng ilS support for the continuing efforts of Member States, in particular

States in the region , to implement its re\cvant resolutions,

Dettrmininlthat the si tuation in the former Yugoslavia con tinues to constitut e a

threat to inlemat ional peace and security,

Actin, under Chaple r VII of the Charte r of the U nited Nations,

A

I. EJpresSff its a ppro"al of the pro posed territorial $elllemclIl for the Republic

o f Bosnia and HenegoYina which has bee n pu t 10 the Bosnian parties as parI of 3n

overall peace settlement;

2, Expresses itssalisfaclion that the proposed territorial sc ulemenl has now been

accepted in full by all exccpl the Bosnian Serb pany

3. Stroogly condemns th e Bosnian Scrb party for their refuSilI 10 accept the

proposed te rri torial settlement , and demands that that party attept Ihis se ttl e ment

uncondi tionally and in full ;

4. Requires all pan ies to conlinue 10 obser.'c th e ccase-fi re as agreed 011 8 June

11)9.$ and to refrain from all new 8C\S of h05li1 iIY

5. Dttla res its readiness to take all measu res n('cesslI r y to (tssi sll he partie s 10 give

errecl 10 the proposed se tt lement o nce it has been accepted by all parlies. and in thi s

co nn ection encourages Sta tes. acting nationally o r thro ugh regional agencies o r

a rrangements, to cooperate in an effective manne r wi th the Secretary-General in his

dforts to Bid the panies to implemen t the proposed scu kmen t ;

•

RaoIvtd to reinforce a nd extend the measures imposed by its previou s

reso lutio ns with rega rd to those areas of the Re publicof Bosnia and Henegovina under

the cont rol of Bos nian Se rb forces.

6. Clllb; upon Sta tCl; to desist from any pol itical talks with the leadersh ip of th e

Bosnian Se rb pany as long as th:lt pany has no t accepted the proposed seUlemen t in

full ;

7. Derides tha t Sta tes shall preve nt

(i) economic activities ca rrie d on. after the da te of adoption of this

resolu tion. wit hin their territ()ries by any e ntity. wh ereve r incorporated or

constituted, wh ic h is owned o r corllroll ed , directly or indirectly, by

(a) any person in. o r resident in . or an y e ntity _ including a ny

oommen;:ial, industrial or publ ic uti lily undertak ing. in those areas of the

Republic of Bosnia and Hencgovi na unde r the cont rol of Bosnian Serb

fo rces. o r

(b) a ny e nt ity inco rpora ted in or constituted und e r the l~w of those

a reas of the Republ ieof 1)05ni3 and Hcrzegovina under the ~'(Hltrol of Bosnian

Serb forces. as well as

eco nomic activ it ies cllfried on. aftcr the dat e of adoption of this

(ii)

resolutio n. wit hin their te rrit o ries, by any person of e ntity. including those

iden tified by States for the purpose of this resolut io n, found to be lK1.i ng lor o r o n

behalf of and to the benefit of any en tity. including any comme rcial. industrial or

public ut il ity undenak ing in those areas of lhe Republic of Bosnia and

Herzegovina under the control of Bosnian Serb fo rces. or any entity identified in

subpa ragl1lph (i) above;

provided

(a)

th at Slates may BUlhorilC such activities 10 becarriedon within their

territories, having satisfied themselves on a case-by-case basis that the

activities do not result in the tTansfcrofproperty or interests in properly loany

person or en tity described in su bparagraph (i) (a) or (b) above. and

(b) that nOlhing in this pa ragraph shall prevent the provision of supplics

intended strictly for medical purposes and foodsluUs notified 10 the

Committee established by resolution 724 (1991) , or commodities and

products for essential humanitarian needs approved by the Committee;

8. Decides that States shall revoke existing. and issue no further, au thorization

under paragraph 7 above in respect of Im y perso n or enti ty violating the measures

imposed by Ihis resolu tion or violating the measures imposed by ea rlier relevant

resolut ions, where those viol ations have occu rred after the date of adoption of this

resolution;

9. De<:ldes thal Slates shall consider the term "economic activities" used In

pllragraph 7 above 10 mcan

(a) all activities of an economic nature, includi ng commercial, financial and

industrial activities and transactions, in particular all activities of an economic

nature involving the use of o r dealing in, with or in connection with property or

in terests in prope rt y.

(b)

the exe rcise of rights relatin g 10 property or interests in property. IInd

(c) the establishment of any new en tity or change in mllnagcmcnt of an

existing ent ity;

In

these

regulations,

unless

the

context

o the rwise

requires -

"the Act" means the United Nations (Security Council

Sanctions) Act, 1993;

"the Committee" maens the Co mmittee establis hed

pursuant 10 resolution number 724 adopted by the Security

Council of the United Nations on the 15th December, 1991 ;

"econo mic activities" means

(a) all activities of an economic nature, including

commercial , financial and industrial activities and

transactions, in particular all activities of an economic

nature involving the use of or dealing in, with or in

connection with property or interests on property,

(b) the exercise of ri ghts relating to property or

interests in property, and

(c) the establishment of any new entity or change in

management of an existing entity;

~property or interests in

property" means funds, financial,

tangibl e and intangible assets, property rights, and publicity and

pnvat~ly traded securit ies and debl instruments, and any other

financIa l and economic resou rces;

~.Resol utio~ " m ~an s resolution num be r 942 adopted by the

Secunly CounCil at Its 3428th meeting on the 23 rd September

1994. '

For the purposes of subsection (2) of section 3 of the Act, Te .. <>i

the resolution is published in the English Language in the Schedule Resolution.

10 these regulations.

(I) Notwithstanding any ot her law, economic activities

carried 1)0 by any entity, wherever incorporated or constituted

which is owned or controlled, directly or indirectly by;

(a) any person in . or resident in. or any entity, including

any commercial, induslrial or public utitity undertaking, in

lOOse: areas of the Republic of Bosnis and Henegovina under

the control of Bosnian Serb forces , or

(b) any en tity incorporated in or constilUlcd under the

law of those areas of the Republic of Bosnia and Herzegovina l

under the control of Bosnian Serb forces , as well as

economk activities carried on , by any perwn or entity, found 10 be

acting for or on behalf of and to the benefit of any ent ity, including

any commercial, industrial Or public utilit y undertaking in those

areas of the Republic of Bosnia and Herzegovina under the conlro\

of Bosnian Serb forces , or any en tity identified in subparagraphs (a)

and (b) above, are prohibited.

(2) The provisions of paragraph ( 1) of 'his regulation

shall not apply 10

(a) any economic aCl ivities which do oot resull in the

transfer of property or inlereslS in property to any pereson or

en tity described in subparagraphs (a) and (b) of paragraph (1)

and which have been authorised by th e Pennanent Secretary of

the Ministry of Foreign Affairs;

(b) the provision of supplies intended strictly for medical

purposes and foodstuffs notified to the Commitlees, or '

commodities and products for essen tial humanitarian needs.

approved by tbe Committee.

S. ( 1) Any person holding any funds or other financial assc\Sor

resources of any entity, including any co mmercial, industrial or public

utility undertaking in those areas of the Republic of Bosnia and

Hcrzegovina under the control of Bosnia n Serb forces, orof any person

or entity as is mentioned in 5ubparagraphs (a) and (b) of paragraph (1)

of regulation 4 shall freeze such funds , financial asse ts or resources.

(2) 1be provisions of paragraph ( I ) of Ihis regulation shall

oot apply to

(a) paymenlS made in connection with act ivities authorized

in accordance with paragraph (2) of regulation 4; or

(b) payments made in conneClion ",?Ih tran~Clion s

authorised by the Gove rnment of the Repubhc of Bosma and

Herzegovina with rega rd to persons or enlilies within ils lerritory,

provided th at an y payme nts made 10 any persons as mentioned in

paragraph (I) o f this regulation are in connection with activiti es fo r

which permissio n has bee n obtained from the Pe rmanent Secre tary o f

the Ministry of Foreign Affain;; and in the case of paymen ts made in

connection with subparagraph (a) of this paragraph , such payme nts

have bee n au thorilCd by the Pennane nl Secreltlry of the Ministry o f

Foreign Affairs a fter he has asce rtai ned that these payments do not

result in the transfe r of funds o r o the r financia l assets or resou rces to any

person or e ntity dC1Cribed under subparagraphs (a) and (b) of

paragraph ( I) of regulatio n 4.

Notwithstanding any other law, no person shall mak e any

payment of divide nds , interest or o ther income on shares, interest,

bonds ordebt obligations or amounts derived fro m an interest in , o r the

sale o r other d isposal o f, or a ny o ther dea li ng with, tangible and

intangibl e assets and property rights, accrui ng 10

(i) any e ntity, including any commercial, industria l o r public

utility unde rtaking in those areas of the Republic of Bosnia a nd

He rzegovina unde r the control o f Bosnian Se rb fo rces, o r

<ii) a ny e ntity me ntio ned in subparagraph (a) o f paragraph

( I) of regula tion 4 or a ny person o r e ntity me ntio ned in

subparagraph (b) of paragraph ( I) o f regu la tion 4,

except into froun aocounts.

(I) Notwit h~tanding any nlhe r IlI w nn person shall provide

a ny services, both financial and non-fin ancial, to a ny pcrson o r body fo r

the purposes of any business carried on in those areas o f the Re public o f

Bo:snia a nd Herzegovina unde r the cont rol o f Bosnia o Serb fo rces.

(2) The pro visions of paragraph (I) shall not apply to

(a) telecommunications, postal se rvices, and legal se rvi ces

which arc consiste nt with the provisio ns of th e Resoluti o n;

(b) services whose s upply may be necessary fo r

humanitarian o r other exce ptional purposes, as approved by the

Commillee;

(c) services a uthoriud by the Governmen t o f the Republic

of Bosnia and He rzegovina.

Notwi thstandin g any o the r law, all shipments of commodities

and p roducts destine d fo r those areas o f the Re public o f Bos nia and

Herzegovina unde r the control o f Bosnia n Se rb forces shall be prope rl y

manifested and s hall be laden in a ma nne r which permits adequate

ph ysical verificat io n o f the con tents.

l'IIaialll .... n ...

(I ) Any person who contravenes an y provisions of these

regulations or who cont ravene! any restriction, prohibi tion or

requiremen t im posed by or under these regulations shall be guihyof an

offence aga inst these regu lations.

(2) Any pcnon round guilty of an offence against these

regulaliorawll. 0tI conviction, be liable 10 a fine (mu/UI) not exceeding

fifty lbou$and Mal tese lin and 10 the revocation of any licence which he

has used in carrying out any economic activity or in providing services

which are prohibited by these regu lations.

Decides that States shall consider the term ~ property or inte rests in prope rt y"

used in paragraphs 7 and 9 above to mea n funds, financial. tangible and inlllngible

assets, property rights, and publicly and privately trad ed securities and debt

instrument s, and any other financial and economic resources;

11 . Deckles that States in which there are funds or othe r financial asse ts or

resources of

(i) any en tity, including any commercial , indust rial or public utility

undertaking in those areas of the Repunlic of Bosnia and HCf"LCgovina under the

control of Bosnian Serb forces , or

(ii ) any enti ty identified in paragrllph 7 (i) IIbove or any person or en tity

ident ified in paragraph 7 (i i) above,

shall requi re all persons IInd emities within th eir territories holding such funds or ot her

finandal asse ts or resou rces to freeze them to ensure that neither they nor any ot her

funds o r any oilier financial assets or resources are made available directly or indi rectly

10 or for the bendil of any of the above·mentioned persons or entit ies.

exccpl

(a)

payments made in connection with activities authorized in accordance

with paragraph 7 above. o r

(b) payments made in connec'lion wilh transactKlfIs authorized by the

Government of Ihe Republic of Dosni. and Heru:govina with regard 10 persol15 of

e nt ities wilhin its territory,

provided that Slales IIrc aalis fied that pa yments 10 persons outside their territories will

be user! for the purpose or in connection wilh the activities and transactions for which

permission is sought: and that in thecaseof payments made under exception <a) above ,

Slales may authorize such paytnCnts only afler they are satisftedon I case·by-case basis

Ihat the payments do not result in the lraM!er of funds or other financial assets or

rcsooroes loany person orentilydcsCl ibcd in 5ubpanilgraph (a) or (b) of paragraph 7 (i)

above;

Decides that States shall e nsure that all payments of di vide nds , interest or

o ther income on s hares, interest. bonds o r debt obligations o r amou nts derived from an

interest in , or th e sale or o ther disposal of, or any other dealing with , tangible and

intangible _Is aod property rights. accruing 10

(i) any entity . including any comfllC'rcial , industrial or public utili ty

undertaking in tho!ic areas of the Re public of Sosnia and Herzcgovina unde r the

control of Bosnian Sc rb forces , o r

(ii) any e ntity identified in paragraph 7 (i) or a ny pt1'$On or en lity ide ntified

in paragraph 7 (ii) above,

are made only into frozen acoounls;

Or:ddell th at the provision of servic:a, both financial and non-financial, toany

pt1'$On o r body for the purposa of any business carried on in those areas of the

Repu blic of Bosnia and Hen:egovina under the control of Sosnian Serb forces shall be

pro~ibi ted. the on ly eKccptions bei ng (a) telecomm unications, postal services and legal

serviceS consisten t with this resolution and earlier relevan t resolutions, (b) se rvices

whose su pply may be nc:rcssary for humanitarian o r o ther exceptio nal purposes, as

approved on a casc·by-casc basis by the Commiuee cstablished by resolutio n n4

(1991) . aod (c) servkes au thorized by the Government of the Republic o f Bosnia a nd

Herzcgovina;

Doecides thal Slales shall prevent the en try into their terri tories of

(a) the members o f the authorities, including legislative authorities, in those

areas of the Republic of Bosnia a nd Il en:egovi na unde r the con trol of Bosnian

Serb forces and officers of the 80snian Se rb mil itary and pa ramilitary fo rces, and

those acti ng on behalf of such authori ties o r forces;

(b) pe1'$Ons found , after the adoption of the present resolution, to have

provided financial. material. Iogislical, mili tary or o the r tangible support to

Bosnian Scrb fo rces in violation of re levant resolutions of the Council;

B

(c) persons in or resident in those areas of the Republic of Bosnia and

Herzegovina under the control of Bosnian Serb forces found 10 have violaled or

contribu ted 10 the viola tion of the meas ures se t o ut ill reso lutio n 820 ( 1993) and in

the prese nt resol ution;

and rtquestslhal lhe Commiuceestablished by resolution 724 ( 1991) establish and

main tain an updated list, based on information provided by States and competent

regional o rga niulions. of the persoJ1!i falling within thi s paragr1lph;

provided that nothing in this paragraph shall oblige a Slate to refuse en try into its

territory 10 its own natio nals; and provided that the e ntry ora person induded in the list

into a panicular State o n a specified date may be authorized, fo r purposes consisten t

wit h the pu rsuit of the peace process and wit h the prese nt resolution and earlier

relevant resolut ions, by the Committee or, in th e event of disagree me nt in the

Com mi ttee, by the Council;

IS. Decldn to proh ibit ll.lI oommerdll.l ri ve rine traffic from e ntering ports of those

areas of the Re public of Bosnia and He rzegovina unde r the control of 8 0snian Serb

forces e:lcept when authori1!ed o n a case-by-casc basis by the Co mmi tt ee estab lis hed by

resolution 724 (1 991) , or by the Government of the Republic of 8 0snia and

He rzegovina fo r its territory, or in case of force nuUeu~

Deckln that States shall require thilt all shipme nts of commodities and

products destined for those areas of the Re publicof Sosnia and Herzegovina under the

control of Sosnian Serb forces be properly manifested and eit he r be physicall y

inspected by the Sanctions Assistance Missions o r thecompct en t nat io nal au thorit ies at

loading to verify and seal their conte nts o rbe laden in a ma nner which pcnnits adcquate

physical vermeation of the con tents;

Decides that States shall , in not ifying o r s ubmilling applica ti<>ns 10 the

Comm ittec establ ished by resolution 724 (1991) in respect of supplies inte nded strictly

fo r medical purposes a nd foodstuffs and essen tial humr.ni larian supp lies in respect of

those Breas of the Re puhlic of 80snia and Herzegovin a under the control of Bmnian

Serb fo rces, repo rt for info rmat io n purposes to the Commitlee o n th e so urce of funds

from whic h payment is to be made;

Deckies that States shall , in im plemen ting the me asures imposed by th is

resol ution, ta ke Steps to prevent the diversio n ofbc nefi ts 10 those areas of the Re publ ic

of Bosnia and Herzegovina undcr the control of Sosnian Se rb fo rces from othe r places,

and in particular fro m the Uni ted Nations Prolcded Areas in Cmatia;

Requesu the Secretary-Gene ral to provide the necessary assistance to the

Commilt ee established by resol ll1 ion 724 (1 991) and 10 ma ke the necessary

arrangeme nts in tht: Secretariat for that purpose ;

Dei:ldes th at th e pmvisions set forth in th is resol utio n do not apply to

Hctiviti es related to the United Nations Protection Fo rce. the Internationa l Conference

o n the Fo rme r Yu goslavia or the European Community Monitoring Missio ns;

[k.clda to review the meaSUTeli imposed by this resol ution wheneve r

appropriate and in any event every four months from th e date of adoption of this

resolut ion ; and expresses IlS readiDeSli to reconsider those measures if the Bosnian Serb

party accepts the proposed territorial sett lement unconditionally and in full ;

Decides \0 remain active ly seiled of the maller and to consider immediately,

whenever necessary. furthe r steps to achieve a peaceful solution in conformity with

relevant resolutions of the Council .