Ser bia and Montenegro) (Amendment) Regulations, 1995 (schedulem)

L.N. 33 01 199!i

UNITED NA nONS (SECURI TY COUNCLL SANCfIONS)

Acr , 1993

(ACT NO. XX OF 1993)

United Natlons Sanctions Weder-al Republic or Yugoslavia -

Ser bia and Montenegro) (Amendment) Regulations, 1995

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

Nations (Security Council Sanctions) Act. 1993, the Prime Minister

has made the following.regu1ations:-

1bese regulations may be cited as the United Nations Sanctions Our ...

( Federal Republic of Yugoslav ia - Serbia and Montenegro)

(Amendment) Regulations, 1995 and shall be read and construed as

one with the United Nations (Federal Republic of Yugoslavia - Serbia

and Montenegro) Regul ations, 1994. hereinafter referred to as "the L.N.Uofl9'M.

principal regulations".

(Regulation 4)

R ESOLlITION 820(1993)

ADOPTED BY THE SECURITY COUNCIL AT ITS 3200TH MEI!.'TING

ON 17 APRIL 1993

The Security Council,

Reaffinnin g all its earlier re levant resolutions,

Ha ving ronsidered the reports of the Se<:retary-GencraJ on the peace talks held

by the Co-Chairmen of the Steering Committee of the International Conference 00 the

Former Yugoslavia (5125221. 5125248, 5125403 and S/25479),

Reaffirmin g the need for It lasting peace settlemen t to be signed by all of the

Bosnian parties.

Reaffirmin g the sovereignity, territorial integrity and political independemce of

the Republic of Bosnia and Her.a:govina,

Reaffi nning o nce aga in Iha! any laking of territory by force or any practice of

"ethnic cleansing" is unlawful and totally unacceptable, and Insis ling that all displaced

persons be enabled 10 return in peace 10 their former homes.

Reaffi rming in this regard ilS resolution 808 ( 1993) in which it decided that an

international tribunal shall be cstablished for the prosecution of persons responsible

for serious violations of international humanitarian law commi ned in the terri tory of

the former Yugos lavia Si nce 1991 and requested the SecretW)'-Genenil to submit a

report al the earliest possible date,

D~ply alarmed a nd cO llce rned about the magnitude of the pli ght of innocen t

victims of the conflict in the Republic of Bosnia and Heragovina,

Expressing Its condemna tio n of all the activities carried out in violation of

~lut ions 757 (1992 ) and 787 ( 1992) between the territory of the Federal Republic

of Yugoslavia (Serbia and Montenegro) and Serb-controlled areas in the Republic of

Croatia and the Republic of Bosnia and Herzegovina,

Oee ply conce rned by the position of the Bosnian Serb pany as reported in

parngrnphs 17, 18 and 19 of the report of the Secretary-General of 26 Man;:h 1993

(5125479),

Recalling the provisions of Chapter VlII of the Cha ner of the Uni ted Nations,

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Cunmlcnds the peace plan for Bosnia and Hcrzcgovina in the fo rm agreed

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to by IWO arthe 80snian panies and set OUI in the report of the Secretary-General of26

March 1993 (5125479). namely the Agreement on Interim Arrangements (annex T), the

In. the provisional map (anne)!: Ur) and the

ni ne Consti tutional Principles (annex

Agreement (Of' Peace in Bosnia and Hcrzegovina (annc;t( IV);

2. Welcomes the fact that this plan bas now been accepted in full by two of the

Bosnian parties;

Exp re'S'es its grave concern althe refusal so far of lhe Bosnian Serb party

3. to accept the Agreement on Interim Arrange ments and the provisional provincial map.

and calls on that pany to accept the peace plan in full ;

4. Dc!ma nds Ihat all panies and others concerned continue to observe [he

cease-lire and refmin from any further hoslilities;

De mands full respect for the right of the United Nations Protection Force

5. (UNPROFOR) and the international humanitarian agencies to free and unimpeded

access to all areas ill the Republic of Bosnia and Hezegovilla. and that all patties. ill

JXlrticular the Bosnian Serb party and others concerned. cooperate fully with them and

lake all ncressary steps to ensure the safety of their personnel

6. Condemns o llce again all violations of international humanitarian law.

including in particular the practice of "ethnic cleansing" and the massive. organized

~l1Id systematic detention and rape of women. and reaffirms that those who commit or

have committed or order or have ordered the commission of such acts will be held

individually respons ible in respect of such acts.

7. Reaffinu s its endorsement of the principles that all statements or

commitments made under duress. particularly those relating to land and property, are

wholly null and void and that all displaced persons have the right 10 return in peace to

their former homes and should be assisted to do so

8. Declares its readiness to take all the necessary measures to assist the parties

in the effective implementation of the peace plan once it has been agreed in full by all

the parties, and requests the Secretary-Generalto submillo the Council at the earliest

possible d:lIe. and if possible not later than nine days after the adoption of the: present

resolution. a report containing an account of the preparatory work forthe implementation

of Ihe proposals referred to in paragraph 28 of the Secretary-General's report of 26

March 1993 (SnS479) and detailed proposals for the implementation of the peace

plall. includillg arrangements for the effective international control of heavy weapons.

based inrer alia on consultations with Member States. acting nationally or through

regional organizations or arrangements;

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9. Encourages Member Stales, ac ting nationally or through regional

organizations or arrangements, to cooperate effectively with the SccTetary-Gencr.u in

his efforts to assist the panies in implementing the peace plan in accordance with

paragraph 8 above

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Iktermined 10 strengmen the implementation of the measures imposed by ils

earlier relevant resolutions,

Ac ting under C hapter VU of the C harter of the Uni ted Nations,

10. J)e(i des that the provisions set forth in paragraph.~ 12 to 30 below shall, to

the eXlenllhat they establish obligations beyond those established by its earlier relevant

resolutions. come into force nine days after the dale of the adoption of the present

resolution unless the Secretary-General has reported to the Cou ncil that the Bosnilln

Serb party has j oined the othe r parties in signing the peace plan and ill implement ing it

and Ihat the ,Bosnian Serbs have ceased their military attac ks;

11 . Decides further that if. at any time after the submission of the above-

mentioned report of the Secretary-General, the Secretary-GeneraJ reports to the Counc il

that the B osnian Serbs have re newed their military attacks or fai led tocompJy wi th the

peace plan. the provisions set forth in paragraphs J 2 to 30 below shall come into force

immediately;

12. Decides that impor1 to, export from and transshipment through the United

Nations Protected Areas in the Republic of Croatia and those areas of the Republic o f

Bosnia and Herzegovi na unde r the control of Bosnian Serb forces. with the exce ption

of essential human itarian supplies including med ical supplies and foodstuffs distributed

by international humanitarian agencies, shall be permitted only with pro per

authorization from the Government o f the Republic of Croatia o r the Government of

the Republic of Bosnia and Herzegovina respectively;

13. Ouides that al l States, in implementing the measures imposed by resolutions

757 ( 1992).760 ( 1992).787 ( 1992)and the ~n t resol ution, shall take steps to prevent

diversion 10 the territOf)' of the Federal Republic of Yugoslavia (Serbia and Montenegro)

of commodities and products said to be desti ned for other places, in particular the

United Nations Protected Areas in the Republic of Croatia and those areas of Ihe

Re public o f Bos nia and Herzegovina under the control of Bosnian Serb forces;

14. Demands that all parties and others concerned cooperate fully with

UN PROFO R in the fulfilme nt of its immigration and custo ms control functions deriving

from resolutio n 769 (1992);

15. Decides that tnmsshipment of co mmodities and products through the Federal

Repuhlic of Yugoslavia (Serbia and Montenegro) on the Danube shall be permitted

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only if specifically authorized by the Committee established by reMllulion 724 ( 199 1)

and that each vesse l so aUlhorized musl be subject to effect ive monitoring while passing

along the Danube between VidinlCalllfat and Mohacs

16. Confirms that no vessels (a) registered in the Federal Republic ofYugoslnvia

(Serbia and Montcncgro) or (b) in which a majority or controlling in terest i~ held by a

person or undertaking in or openlling from the Federal Republic of Yugoslavia (Serbia

and Montenegro) or (c) suspected of having violated or being in violation ofresoJulions

713 (1991).757 (1992). 787 (1 992) or the present resolution shall be pcnnitted 10 pass

through insla ll ations. including river locks or canals within the terri tory of Member

Slales, and !.'nll" upon the riparian Slales to ensure that adequate monitOring is provided

10 all cabotage traffic involving points that are situated betweenVidinlCalafnt and

Mohacs;

17. Re a ffi rms the respon~ i bility of riparian States to take necessary measures

to ensure that s hipping on the Danube is in acconbnce with resolutions 7 13 (1991),

757 (1992). 781 ( 1992) and the present resolution. including any measures under the

authori ty of the Secu rity Council to halt o r otherwise contro l all shipping in order to

inspect and verify their cargoes and desti nations. toensure effective monitoring and to

ensure strict implementation of the relevant resolutions. and re itera tes its request in

resolution 787 (1992) to all States. including non"riparian States, to provide. uctin g

nationally or through regional organizations or arrangements. such as~istance as may

be required by the riparian Slates, notwithstanding the restrictions on navigation set

out in the international agreements which apply to the Danube

18. Req ues ts the Committee established by resolution 724 (l99I ) to make

periodic reports to the Security Council o n information submitted to the Committee

regarding alleged violations of the relevant resolutions, identifying whcre possible

persons or entities. including vessels. reported to engaged in suc h violations

19. Re nlinds States of the imponanee ohtrict enforcefl1Cnt of measures imposed

under Chapter VII of the Charter, and calls u pon them to bring proceedings against

persons and enti ties violating the measures imposed by resolutions 713 (1991). 757

(1992). 787 (1992) and the present resolut ion and to impose appropriate penalties

20. W elcom es the role of the international Sanctions Assistance Missions in

support of the implemen tation of the measures imposed under resolutions 713 (199 1),

757 ( 1992).787 ( 1992) and the present resolution and the appointment of the Sanctions

Coordinator by the Conference on Security and Cooperll.tion in Europe and in vites the

Sanctions Coordinator and the Sanctions Assistance MissiOns to work in close

cooperation with the Committee established by resolution 724 (1991)

21. Decid c.'i that States in which the re are funds. including any funds derived

from property, (a) of the authorities in the Federal Republic of Yugoslavia (Serbia and

Mootenegro), or (b) of commercial. industrial o r public utility undenakings in the

Federal Republic of Yugoslavia (Se rbia and Montenegro). or (c) controlled directly or

indirectly by such authorities or undcnakings or by entities. wherever located or

organized. owned or controlled by such authorilies or undertakings. shall require all

persons and entities within their own territories holding such funds 10 freeze them to

ensure thal they arc not made available directly or indirectly to or for the benefit of the

authori ties in the Federal Republic of Yugoslavia (Serbia and Monte negro) or to any

commercial. industrial or public utilit y undertaking in the Federal Republic of

Yllgo.~lav ia (Serbia IInd Montenegro). and calls on 1111 States to report to thc Committee

established by resolution 724 (1991 ) on actions laken pursuant to this paragraph;

In regu lation 3 of the principal regulations, the words "in the ... _

Schedules 1 and n of these regulat ions" shall be substituted by the words ;>~~Mioo}

"in Schedules I, II and III of these regulations."

} , Immediately after regulation I 1 of the principal regUlations, Add~loI\of

there: shall be inserted the following regulations:-

( I) Notwithstanding any other law. subjcct to the

provisionsofparagroph (2) of this regulation. any person who.

in any ship. vessel or aireraft belonging (0 Malta, imports to,

exports from or transships throug h the United Nations

Protected Areas in the Republ ic o[Croatia and those areas of

the Repu blic of Bosnia and Herzegovina under the control of

Bosnian Serb forces. any supplies, with the exception of any

humanitarian suppl ies. shall be guilty of an offence under

these regulations.

(2) The provisions of paragra ph ( 1) of thi s

regulation shall not apply to any supplies which are properly

authorised by the Government of the Republic of Croatia or

the Government orthe Republic of Bosnia and Herzcgovina.

Notwithstanding any other law, any person who,

-.~ on any s hip. vessel or airc raft belonging to Malta, divens to

the territory of the Federal Repu blic of Yugoslavia (Serbia

and Mon tenegro) commodities and prod uc ts said 10 be

destined for other places. shall be guilty of an offence under

these regulations.

(1) SubjccI 10 the provisions of parngraph (2) of

.,. this regu lation, any person who, in any s hip or vessel

~t'" belonging to Malta. transships any commodities or products

n h 10 through the Federal Republic of Yugos lav ia (Serbia and

::.:..~; Montenegro) on the Danube shall beguillyof an offence under

v-'".... these regulations.

(2)

The provisions of paragraph (\) of this

regulat ion shall not apply 10 any transshipment authorized by

the Comminee.

<I) NOlwithslanding any mher law, funds derived

from property.

(a) of the authorities in the Fedc ral Re publ ic o f

Yugos lavia (Serbia and Montenegro). or

(b) of commercial. industrial or public utility

undertakings in the Federal Republi c of Yugosl a via

(Serbia and Montenegro). or

Cc)

con trolled directly o r indirectly by such

authoritie.~ or by entities. wherever located or o rganized.

owned or cOJltrolled by such authorities or undertak ings.

s hall be frozen .

(2) An y person who make s any s uch fu nd s

available direc tly or indirectly to or for the benefit of the

authorities in the Federal Republic of Yugos lavia (Serbia and

Monlenegro) or 10 any commercial. industrial or public utility

undertaking in the Federal Republic of Yugos lavia (Serbia

and Montenegro) or to an y a ut horit y which directly o r

indirectl y controls suc h funds or to any en tity. whereve r

locate d or o rganized , which is ow ned by suc h authority o r

u ndertakin g. sh all be guilty of an offence under the se

regulations.

(I) Notwi thstandi ng any other Jaw, saving the

provisions of paragraph (2) of this regUlation, any pcl1iOn.

comrnodila ci tezen of Malta. or any pennanent resident in Malta who

tnlnsporl s any commodi ty or product across the land borders

booolu . ... '" or to or from the ports of the Federal Republic of Yugos lavia

(Serbia and Montenegro) shall be guilty of an offence under

lit ...... '" these regulations,

(2) The provisions of paragraph ( I) of this

regUlation shall not apply to

(a) the importation of medical supplies and

foodstuffs into thc Federal Republic o f Yugoslavia

(Se rbia and M onteneg ro) as authorized by the

Committee

(b) the importatio n of essen tial humani tarian

supplies into the Federal Republic of Yugoslavia (Serbia

and Monte negro) approved by the Committee;

(c) transshipments through the territory of the

Federal Republic of Yugoslavi a (Serbia and Montenegro)

approved by the Committee,

(I) Vessels, fre ight vehicles, rolling stoc k and

ai rcraft in which a majori ty or controlling interest is he ld by a

perso n or undertaking in or opera ting from the Federal

Republic of Yugoslav ia and which are fou nd within the

territory of M alta arc impounded,

(2) Any expense involved in the impounding o f

any vessel. freight vehicle. rolling stock and airc raft s hall be

at the c harge of the owner,

(3)

Any vesse l. freight vehicle, rolling stock and

aircraft which is in any way involved in a violati on of these

regulations s hall be forfeited to the Gove rnment of Malta

Provided that no such forfeiture shall take effect

unless it is specifically confirmed by the Minister responsible

for foreign affairs ,

Any vessel. freight vehicle. rolling Mock, aircraft or

_ _ " 'We cargo fou nd in Maltese te rri tory. shall upon reasonable

- suspicion of any viola tion of the Resolutions set out in

Schedules I, 11 and III be detained and the provisions of

regulation 17 shall apply.

19 ( I) Notwithstanding any other law, and subject

. 0 ( to paragraph (2) of this regulation. no person in Malta shall

provide any services. both financial and non-financial, 10 any

person orbod)' (or the purposes of any business carried out in

the Federal Republic: of Yugoslavia (Serbia and Montcncgro).

(2)

The provisionsofparngraph (l)shallllOI: apply

'0-

(a)

telecommunications, postal services, or legal

services as long as these services are consistent with

Resolution 757(\992); or

services as are necessary for humanitarian or

(b)

other exceptional pu roses and are approved by the

Commitlee.

( I) MinkejjakuJJligiohra.u bJahsaraghall.

paragrnfu (2) ta' dan ir-regolament. l\add rMalta mn ghandu

j ippro .. di serlizzi. finanzjarjijew la' xon'obra, IiI xi persuna

jew ka rp gnall -ghanijiet ta ' xi negozju magllmul fir-

Repubblin Federali tal-Jugoslavja (Serbja u Montcnegro).

(2) Id-di s poiizzjonij icl lal-paragrafu ( I) ma

jkunu;I( japplikaw ghal -

(a) tclckomunikaujonijict, scrvizzi postaJi , jew

scrvizzi le gali kc mm-il darba dawn is -servizzi jkunu

Imnsislenli mar-Riioluzzjoni 757 ( 1992): jew

(b) servizzi kif mehlicga gl\aI ghanijict umanilruji

jcw gl\ anijiec e(:cczzjonali ol1ra u li huma approval] mill -

Kumilal.

1bc entry of any ship belonging to Malla inlo the

territorial sea of the Federal Republic of Yugoslavia ($crbia

and Momenegro) is prohibited except when authorized by

the Commiltee or in case of force majeure.

TIle Minister responsi ble for foreign affai~ may

by notice in the Gazelle declare that any of the provisions of

these regUlations shall be suspended Cor such period as may

be declared in such notice, and any provision so suspended

sball forthe period of such suspension bedeemed not 10 lul.ve

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elleet

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4. [lIunedimely ofterSchcdule 11 of the principal regulotions, there

shall be added the following new Schedule II1: -

Oeddes 10 prohibit the uansport of all commodities and products across the

land borders or to or from the ports of the r'CdcraJ Republic of Yugoslavia (Serbia and

Montenegro). the only exceptions being;

(a) The imponation of medical supplies and foodstuffs into the Fcdenll

Republic of Yugoslavia (Serb ia IInd Montcnegro) as provided for in resolution

757 (1992), in which connection the Committee established by resolution 724

( 199 1) will draw tip Nles for monitoring to ensure full compliance with this and

other relevant resolutions;

(b) 1be importation of othcresscntial humani tarian supplies into the Federal

Republic of Yugoslavia (Serbia and Montcnegro) approved on a casc-by-case

basis under the no-objeclion procedure by the Committee established by resolution

724 ( 1991);

(c) Strictl y limited transshi pments through the territory of the Federal

Republic of Yugoslavia (Serbia and Monte negro). when authorized on an

exceptional basis by the Committeeestablished by resolution 724 ( 199 1). provided

that nothing in this paragrap h shall affec t transship ment on the Danube in

accordance with paragraph IS above;

Decides thal each State neighbouri ng the Federal Republic of Yugoslavia

(Serbia and Montenegro) shall prevent the passage of all freight vehicles and rolling

stock into or out of the Federal Republic of Yugoslavia (Serbia and Montenegro).

except at a strictly limited numbcrof road and rail border crossing points_ the location

of which shall be notified by each neighbouring State to the Committee established by

resol Ulion 724 (1991) and approved by thc Committee;

Detldes that all States shall impound all vessels. freight vehicles. rolling

stock and aircraft in their territories iD which a majority or controlling interest is held

by a person or undc:rt.aking in or operating from the Federal Republic of Yugoslavia

(Serbia and Montenegro) and that these vessels. freight vehicles. rolling stocK and

aircraft may be forfe it to the seizing State upon a determination that they have been in

violation of resolutions 713 (1991 ).757 (1992), 787 (1992) or thc present resol ution;

25_ Decides that all Stales shall detain pending investigation all vessels, freight

vehicles, rolli ng stod:., aircraft and cargoes found in their territories and suspected of

having violated orbeing in violation of resolutions 713 (l99I). 757 ( 1992),787 (1992)

or the present resolution. and that. upon a detennimllion that they b:lve been iD violation.

such vessels, freight vehicles, rolling stock and aircraft shall be impounded and. where

appropriate. they and thei r cargoes may be forfeit 10 the detaining Slate;

Conn rms that Slales may charge the c J;pense o f impou nding vessels, freight

vchicles. rolling stock and aircraft 10 their owners;

[)e(:ides to prohibit the provision of services, both financial and non-

financ ial. [0 any person or body for purposes of any business carried on in the Federal

Republic of Yugoslavia (Serbia and Montenegro) uhe only exceptions being

telecommunications, postal services, legal services consistent with 757 (1992) and, as

approved, on a case-by case basis by the Committee established by resolution 724

( 1991 ), services whose su pply may be necessary for humanitarian or "'her e xceptional

purposes;

Decid es to prohibit all commercial maritime traffic from entering the

territorial sea of the Fcdcllll Republic of Yugoslavia (Serbia and Montenegro) except

when authorized on a case-by-case basis by the Committee established by resolution

724 (1991) or in case of force mlljcure;

Reamnns the authority of States acting under paragraph 12 of resolution

787 (1992) 10 use such measures conunensurute with the specific circumstances as

may be necessary under the authority of the Security Council to enforce the present

resolut iOIl and its other relevant resolutions, including in the territorial sea of the Federal

Republic of Yugoslavia (Serbia and Montenegro);

Confirms that the provisions set forth in pamgraphs 12 to 29 above,

strcngthening the implementation of the measures imposed by its earlier relevant

resolut ions. do not apply to act ivities related 10 UNP ROFOR. the International

Conference on the Former Yugoslavia or the European Communi ty Monitor Mission

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Desirous of ach ie ving the full readmittance oflhe Federal Republic of Yugoslavia

(Serbia and Montenegro) to the international community once it has fully implemented

the relevant resolutions of the Council.

3\. Expresses its readin ess. after all three Bosnian panics h:tvc accepted the

peace plan and on the basis of verified ev idcnce. provided by the Secretary-Gene ral ,

that the Bosnian Serb party is cooperating in good faith in effecth'e implemcnlation of

the plan. to review all the meas ures in the present resolution and ils other relevant

resolutions with a view 10 gradually lifting them;

Invit ~s all States to consider what contributio n they can make to the

reconstruction of the Re public of Bosnia and Herzegovina;

Decides to remain aclivly seized of the malleT ....

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