ANNEX 9
Agreement on Establishment of Bosnia and Herzegovina
Public Corporations
Bearing
in mind that reconstruction of the
infrastructure and the functioning of transportation
and other facilities are important for the economic
resurgence of Bosnia and Herzegovina, and for the
smooth functioning of its institutions and the
organizations involved in implementation of the
peace settlement, the Federation of Bosnia and
Herzegovina and the Republika Srpska (the "Parties")
have agreed as follows:
Article I: Commission on Public Corporations
- The Parties
hereby establish a Commission on Public
Corporations (the "Commission") to examine
establishing Bosnia and Herzegovina Public
Corporations to operate joint public facilities,
such as for the operation of utility, energy, postal
and communication facilities, for the benefit of
both Entities.
- The Commission shall have five Members. Within
fifteen days after this Agreement enters into force,
the Federation of Bosnia and Herzegovina shall
appoint two Members, and the Republika Srpska one
Member. Persons appointed must be familiar with the
specific economic, political and legal
characteristics Bosnia and Herzegovina and be of
high recognized moral standing. Recognizing that the
Commission will benefit from international
expertise, the Parties request the President of the
European Bank for Reconstruction and Development to
appoint the remaining two Members and to designate
one as the Chairman.
- The Commission shall in particular examine the
appropriate internal structure for such
Corporations, the conditions necessary to ensure
their successful, permanent operation, and the best
means of procuring long-term investment capital.
Article II: Establishment of a Transportation Corporation
- The Parties,
recognizing an immediate need to
establish a Public Corporation to organize and
operate transportation facilities, such as roads,
railways and ports, for their mutual benefit, hereby
establish a Bosnia and Herzegovina Transportation
Corporation (the "Transportation Corporation") for
such purpose.
- The Transportation Corporation shall have its
headquarters in Sarajevo and may have offices at
other locations as it deems appropriate. It shall
have appropriate facilities and choose a
professionally competent Board of Directors,
Officers and Staff, generally representative of the
ethnic groups comprising Bosnia and Herzegovina, to
carry out its functions. The Commission shall choose
the Board of Directors, which shall in turn appoint
the Officers and select the Staff.
- The Transportation Corporation is authorized to
construct, acquire, hold, maintain and operate and
dispose of real and personal property in accordance
with specific plans that it develops. It is also
authorized to fix and collect rates, fees, rentals
and other charges for the use of facilities it
operates; enter into all contracts and agreements
necessary for the performance of its functions; and
take other actions necessary to carry out these
functions.
- The Transportation Corporation shall operate
transportation facilities as agreed by the Parties.
The Parties shall, as part of their agreement,
provide the Corporation with necessary legal
authority. The Parties shall meet within fifteen
days after this Agreement enters into force to
consider which facilities the Corporation will
operate.
- Within thirty days after this Agreement enters into
force, the Parties shall agree on sums of money to
be contributed to the Transportation Corporation for
its initial operating budget. The Parties may at any
time transfer to the Transportation Corporation
additional funds or facilities that belong to them
and the rights thereto. The Parties shall decide the
means by which the Transportation Corporation will
be authorized to raise additional capital.
Article III: Other Public Corporations
The Parties may decide, upon recommendation of the
Commission, to use establishment of the
Transportation Corporation as a model for the
establishment of other joint public corporations,
such as for the operation of utility, energy, postal
and communication facilities.
Article IV: Cooperation
The Commission, the Transportation Corporation and
other Public Corporations shall cooperate fully with
all organizations involved in implementation of the
peace settlement, or which are otherwise authorized
by the United Nations Security Council, including
the International Tribunal for the Former
Yugoslavia.
Article V: Ethics
Members of the Commission and Directors of the
Transportation Corporation may not have an
employment or financial relationship with any
enterprise that has, or is seeking, a contract or
agreement with the Commission or the Corporation,
respectively, or otherwise has interests that can be
directly affected by its actions or inactions.
Article VI: Entry into Force
This Agreement shall enter into force upon
signature.
For the Federation of Bosnia and Herzegovina
For the Republika Srpska
