<СОГЛАШЕНИЕ ПО ВОПРОСАМ ПРАВОПРЕЕМСТВА БЫВШИХ ЮГОСЛАВСКИХ РЕСПУБЛИК> [англ.](Вместе с <ПРИЛОЖЕНИЕМ К СОГЛАШЕНИЮ...>, <ДВИЖИМЫМ И НЕДВИЖИМЫМ ИМУЩЕСТВОМ>, <ДИПЛОМАТИЧЕСКОЙ И КОНСУЛЬСКОЙ СОБСТВЕННОСТЬЮ>, <ФИНАНСОВЫМИ АКТИВАМИ И ОБЯЗАТЕЛЬСТВАМИ>, <ОБЪЯВЛЕНИЕМ ПОЛНОМОЧИЙ...>, <АРХИВОМ>, <ПЕНСИЕЙ>, <ПРОЧИМИ ПРАВАМИ, ИНТЕРЕСАМИ И ОБЯЗАТЕЛЬСТВАМИ>, <ЧАСТНОЙ СОБСТВЕННОСТЬЮ И ПРИОБРЕТЕННЫМИ ПРАВАМИ>)(Соглашение заключено в г. Вене 29.06.2001)(Приложение к Соглашению подписано в г. Брюсселе 10.04.2001)(Приложение 1 к Дополнению c подписано в г. Вене 25.05.2001)
AGREEMENT
ON SUCCESSION ISSUES
(Vienna, 29.VI.2001)
Bosnia
and Herzegovina, the Republic of Croatia, the Republic of Macedonia, the
Republic of Slovenia and the Federal Republic of Yugoslavia, being in sovereign
equality the five successor States to the former Socialist Federal Republic of
Yugoslavia,
Mindful of the need, in the interests of all successor States
and their citizens and in the interests of stability in the region and their
mutual good relations, to resolve questions of State succession arising upon the
break-up of the former Socialist Federal Republic of Yugoslavia,
Having
held discussions and negotiations under the auspices of the International
Conference on Former Yugoslavia and the High Representative with a view to
identifying and determining the equitable distribution amongst themselves of
rights, obligations, assets and liabilities of the former Socialist Federal
Republic of Yugoslavia,
Acting within the framework of the mandate given
to the High Representative by the Decision of the Peace Implementation
Conference held in London, 8 - 9 December 1995, and in the light of agreements
between the successor States and the Declarations adopted by the Peace
Implementation Council and its Steering Board,
Bearing in mind the
acknowledgement by the Security Council in its Resolution 1022 (1995) of the
desirability of a consensual solution to outstanding succession issues,
Confirming the decision reached on 10 April 2001 concerning the distribution of
the former SFRY"s assets held at the Bank for International Settlements (the
text of which decision is appended to this Agreement),
Demonstrating
their readiness to co-operate in resolving outstanding succession issues in
accordance with international law,
Have agreed as follows:
Article
1
For the purposes of this Agreement "SFRY" means the former Socialist
Federal Republic of Yugoslavia.
Article 2
Each successor State
acknowledges the principle that it must at all times take the necessary measures
to prevent loss, damage or destruction to State archives, State property and
assets of the SFRY in which, in accordance with the provisions of this
Agreement, one or more of the other successor States have an
interest.
Article 3
The Annexes listed below set out the terms on which
the subject matter of each Annex is settled:
Annex A: Movable and
immovable property;
Annex B: Diplomatic and consular properties;
Annex C: Financial assets and liabilities
(other than those dealt with in
the Appendix to this Agreement);
Annex D: Archives;
Annex E:
Pensions;
Annex F: Other rights, interests, and liabilities;
Annex
G: Private property and acquired rights.
Article 4
(1) A Standing Joint
Committee of senior representatives of each successor State, who may be assisted
by experts, is hereby established.
(2) This Committee shall have as its
principal tasks the monitoring of the effective implementation of this Agreement
and serving as a forum in which issues arising in the course of its
implementation may be discussed. The Committee may as necessary make appropriate
recommendations to the Governments of the successor States.
(3) The first
formal meeting of the Standing Joint Committee shall be convened, at the
initiative of the Government of the Republic of Macedonia, within two months of
the entry into force of this Agreement. The Committee may meet informally, and
on a provisional basis, at any times convenient to the successor States after
the signature of this Agreement.
(4) The Committee shall establish its
own rules of procedure.
Article 5
(1) Differences which may arise over
the interpretation and application of this Agreement shall, in the first place,
be resolved in discussion among the States concerned.
(2) If the
differences cannot be resolved in such discussions within one month of the first
communication in the discussion the States concerned shall either
(a)
refer the matter to an independent person of their choice, with a view to
obtaining a speedy and authoritative determination of the matter which shall be
respected and which may, as appropriate, indicate specific time-limits for
actions to be taken; or
b) refer the matter to the Standing Joint
Committee established by Article 4 of this Agreement for resolution.
(3)
Differences which may arise in practice over the interpretation of the terms
used in this Agreement or in any subsequent agreement called for in
implementation of the Annexes to this Agreement may, additionally, be referred
at the initiative of any State concerned to binding expert solution, conducted
by a single expert (who shall not be a national of any party to this Agreement)
to be appointed by agreement between the parties in dispute or, in the absence
of agreement, by the President of the Court of Conciliation and Arbitration
within the OSCE. The expert shall determine all questions of procedure, after
consulting the parties seeking such expert solution if the expert considers it
appropriate to do so, with the firm intention of securing a speedy and effective
resolution of the difference.
(4) The procedure provided for in paragraph
(3) of this Article shall be strictly limited to the interpretation of terms
used in the agreements in question and shall in no circumstances permit the
expert to determine the practical application of any of those agreements. In
particular the procedure referred to shall not apply to
(a) The Appendix
to this Agreement;
(b) Articles 1, 3 and 4 of Annex B;
(c)
Articles 4 and 5 (1) of Annex C;
(d) Article 6 of Annex D.
(5)
Nothing in the preceding paragraphs of this Article shall affect the rights or
obligations of the Parties to the present Agreement under any provision in force
binding them with regard to the settlement of disputes.
Article 6
The
Annexes to this Agreement and the Appendices to the Agreement and Annexes are an
integral part of the Agreement.
Article 7
This Agreement, together with
any subsequent agreements called for in implementation of the Annexes to this
Agreement, finally settles the mutual rights and obligations of the successor
States in respect of succession issues covered by this Agreement. The fact that
it does not deal with certain other non-succession matters is without prejudice
to the rights and obligations of the States parties to this Agreement in
relation to those other matters.
Article 8
Each successor State, on the
basis of reciprocity, shall take the necessary measures in accordance with its
internal law to ensure that the provisions of this Agreement are recognised and
effective in its courts, administrative tribunals and agencies, and that the
other successor States and their nationals have access to those courts,
tribunals and agencies to secure the implementation of this
Agreement.
Article 9
This Agreement shall be implemented by the
successor States in good faith in conformity with the Charter of the United
Nations and in accordance with international law.
Article 10
No
reservations may be made to this Agreement.
Article 11
(1) This
Agreement shall be subject to ratification.
(2) Instruments of
ratification shall be lodged as soon as possible with the Depositary identified
in Article 13 of this Agreement. The Depositary shall inform the successor
States and the Office of the High Representative of the date of deposit of each
instrument of ratification.
Article 12
(1) This Agreement shall enter
into force thirty days after the deposit of the fifth instrument of
ratification. The Depositary shall notify the successor States, and the Office
of the High Representative, of the date of entry into force.
(2)
Notwithstanding paragraph (1) of this Article, Article 4 (3) of this Agreement,
Article 5 of Annex A, Articles 1 and 5 - 6 of Annex B, and Article 6 of, and the
Appendix to, Annex C, shall be provisionally applied after the date of signature
of this Agreement, in accordance with their terms.
Article 13
(1) One
original copy of this Agreement shall be deposited by the High Representative
with the Secretary-General of the United Nations, who shall act as
Depositary.
(2) The Depositary shall, upon entry into force of this
Agreement, ensure its registration in accordance with Article 102 of the Charter
of the United Nations.
Done at Vienna on 29 June 2001 in seven originals in
the English language, one to be retained by each successor State, one by the
Office of the High Representative, and one to be deposited with the
Depositary.
APPENDIX TO AGREEMENT ON SUCCESSION
ISSUES
(Brussels, 10.IV.2001)
BIS Assets
1. The five Delegations
participatins as equal successor States in the negotiations to resolve issues of
succession arising upon the break-up of the SFRY have agreed (further to
arrangements previously made on behalf of the National Banks of the successor
States) that the former SFRY"s assets (gold and other reserves, and shares) held
at the Bank for International Settlements shall be divided between them in the
following proportions:
Bosnia and Herzegovina
13 - 21%
Croatia 28
- 49%
Macedonia 5 -
40%
Slovenia 16 -
39%
Federal Republic of Yugoslavia 36 -
52%
2. The agreement of the five Delegations to the foregoing distribution
is given on the basis of the understandings reached at the meetings held on 21 -
23 February and 9 - 10 April 2001 and is entirely without prejudice to what may
be agreed as regards the distribution of any other assets.
Brussels, 10
April 2001
Annex A
MOVABLE AND IMMOVABLE PROPERTY
Article
1
(1) In order to achieve an equitable solution, the movable and immovable
State property of the federation constituted as the SFRY ("State property")shall
pass to the successor States in accordance with the provisions of the following
Articles of this Annex.
(2) Other proprietary rights and interests of the
SFRY are covered by Annex F to this Agreement.
(3) Private property and
acquired rights of citizens and other legal persons of the SFRY are covered by
Annex G to this Agreement.
Article 2
(1) Immovable State property of the
SFRY which was located within the territory of the SFRY shall pass to the
successor State on whose territory that property is situated.
(2) The
successor States shall use their best endeavours to assist each other with the
exercise of their diplomatic and consular activities by the provision of
suitable properties in their respective territories.
Article 3
(1)
Tangible movable State property of the SFRY which was located within the
territory of the SFRY shall pass to the successor State on whose territory that
property was situated on the date on which it proclaimed independence.
(2) Paragraph (1) of this Article does not apply to tangible movable State
property of great importance to the cultural heritage of one of the successor
States and which originated from the territory of that State, such as: works of
art; manuscripts, books and other objects of artistic, historical or
archaeological interest to that State; and scientific collections and important
collections of books or archives which shall pass to that State. Such property
shall be identified by the successor State concerned as soon as possible, but
not later than 2 years after the entry into force of this Agreement.
(3)
If SFRY State tangible movable property (other than military property) which has
passed to one of the successor States in accordance with paragraph (1) of this
Article, has been removed without authorisation, from its territory by another
successor State, the latter state shall ensure its return as soon as possible or
pay full compensation for such removal.
Article 4
(1) Notwithstanding
paragraph (1) of Article 3 of this Annex, tangible movable State property of the
SFRY which formed part of the military property of that State shall be the
subject of special arrangements to be agreed among the successor States
concerned.
(2) In relation to tangible movable and immovable property of
the former Yugoslav National Army used for civilian purposes the arrangements
referred to in paragraph (1) of this Article will acknowledge the relevance of
Articles 2 (1) and 3 (1) of this Annex.
Article 5
(1) A Joint Committee
on Succession to Movable and Immovable Property shall be established by the
successor States, which shall ensure the proper implementation of the provisions
of this Annex applicable to tangible movable and immovable property (other than
military property) and the resolution of any problems which might arise in the
course of their application.
(2) The Joint Committee shall commence its
work within 3 months of the signature of this Agreement.
Article 6
It
shall be for the successor State on whose territory immovable and tangible
movable property is situated to determine, for the purposes of this Annex,
whether that property was State property of the SFRY in accordance with
international law.
Article 7
Where pursuant to this Annex property
passes to one of the successor States, its title to and rights in respect of
that property shall be treated as having arisen on the date on which it
proclaimed independence, and any other successor State"s title to and rights in
respect of the property shall be treated as extinguished from that
date.
Article 8
(1) Where tangible movable and immovable State property
of the SFRY passes to a successor State in accordance with Articles 1 to 3 of
this Annex, that property shall not be subject to valuation for the purposes of
this Agreement, and no compensation shall be payable in respect of the passing
of that property to the successor State in question.
(2) However, should
any successor State consider that the application of Articles 1 to 3 of this
Annex result in a significantly unequal distribution of SFRY State property
(other than military property) among the successor States, that State may raise
the matter in the Joint Committee established pursuant to Article 5 of this
Annex. The Joint Committee, acting unanimously, may take such action as it
considers appropriate in the circumstances.
Article 9
The provisions of
this Annex are without prejudice to the provisions of Annexes B and D concerning
diplomatic and consular properties, and archives.
Annex
B
DIPLOMATIC
