Petition 124
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nPHBPEflHA
SAHKA
a.ft. Cpncno Ca'pajeao y npnepe/vienpi ynpcBM
Sarajevo, March 29, 2006 Number: Via Fax: 202-622-2426 Mr Robert Werner, Director Office of Foreign Assets Control U.S. Department of the Treasury Treasury Annex 1500 Pennsylvania Avenue, NW Washington, DC 20220
Re:
Request for Urgent Assistance
Dear Mr Werner, I write to you today to respectfully request your assistance. I am the internationallyappointed Provisional Administrator of Privredna Banka a.d. Srpsko Sarajevo (PBSS), one of the entities named on OFAC's "Specially Designated Nationals and Blocked Persons" list. At the time of its designation by OFAC, PBSS was under the control of Momcilo Mandic, a suspected financial supporter of persons indicted for war crimes (PIFWCs). Mr Mandic is now imprisoned here in Bosnia and facing imminent prosecution by international prosecutors at the State Court for his role in criminally abusing PBSS. In March of 2003, the relevant Banking regulator installed provisional administration in PBSS, thereby removing it from Mr Mandic's control. A year later, following the beating of that first administrator and his subsequent resignation, ! was appointed as the 2 nd provisional administrator by the internationally-appointed High Representative for Bosnia and Herzegovina, Lord Paddy Ashdown. For your information, attached is a copy of that appointment Decision. In order to fulfill my mandate to administer the bank I am often required to issue international payment orders for services or goods procured. This has generally been unproblematic as most payments go through European banks, however, once a payment was seized by a US bank after the installation of provisional administration and never released. On 26 March 2003, UBS Bank Stamford, CT seized a payment of $47,586.00. This action, while technically correct based on OFAC's "Specially Designated Nationals and Blocked Persons" list, occurred after the bank was removed from the hands which prompted it to be listed in the first place. UBS Bank would probably not have been aware at the time that the PBSS was in responsible provisional administration.
001230
All redactions made on this page pursuant to exemptions (b)(6) and (b)(7)(C) Mr Werner, PBSS Is a small bank and I am doing my utmost to collect outstanding debts in an effort to repay as much of depositors' money as possible. I am also seizing Mr Mandic's property in payment of debts he owes the bank and attempting to sell them to honest investors. This seized payment - and any future payments that might inadvertently be seized - is critical to my success in repaying depositors and continuing to conduct the daily business of PBSS' provisional administration. Therefore, I would kindly ask your help with two things. First, I would like to request that OFAC remove PBSS from its list because it is now in internationally-appointed, American hands and no longer operating in a way that required its original OFAC designation. And second, I would seek your assistance getting back the funds seized after the first provisional administrator was appointed in 2003. If you need further information or if I am required to petition a different US institution far this request, please let me know. I can be reached in my ° f f j c e a t ^ H H H H [ H £ £ o r on
my mobile directly at H H ^ H H H - """he fax number is H H H H I ^ ^ h o u l d you
wish to reply in writing. I thank you very much in advance for any assistance you can render. Sincerely,
rovisional Administrator
cc:
Ambassador Larry Butler, Office of the High Representative Ambassador Douglas McElhaney, US Embassy Sarajevo
001231
• •
The user agent is configured not to evaluate scripts. The user agent doesn't support a script language invoked by a SCRIPT element earlier in the document.
Office of the High Representative
HITS Decisions
Tuesday, June 08,2004
Decisions in the Economic Field
Decision appointing a Provisional Administrator for the "Privredna Banka a.d. Srpsko Sarajevo"
In the exercise of the powers vested in me by Article V of Annex 10 (Agreement on Civilian Implementation of the Peace Settlement) to the General Framework Agreement for Peace in Bosnia and Herzegovina, according to which the High Representative is the final authority in theatre regarding interpretation of the said Agreement on the Civilian Implementation of the Peace Settlement; and considering in particular Article 11.1 .(d) of the last said Agreement, according to the terms of which the High Representative shall "Facilitate, as the High Representative judges necessary, the resolution of any difficulties arising in connection with civilian implementation"; Recalling paragraph XI.2 of the Conclusions of the Peace Implementation Conference held in Bonn on 9 and 10 December 1997, in which the Peace Implementation Council welcomed the High Representative's intention to use his final authority in theatre regarding interpretation of the Agreement on the Civilian Implementation of the Peace Settlement in order to facilitate the resolution of any difficulties as aforesaid "by making binding decisions, as he judges necessary" on certain issues including (under subparagraph (c) thereof) "measures to ensure implementation of the Peace Agreement throughout Bosnia and Herzegovina and its Entities"; Observing the importance which the international community attaches to the proper administration of the banking system of Bosnia and Herzegovina as an integral part of
001232
the peace implementation process; Noting by way of example of the said attachment, the welcome given by the Peace Implementation Council at the Conference held at London on 4-5 December 1996 to the commitment of the authorities in Bosnia and Herzegovina to pass laws on fields including banking; further noting paragraph 44 a) of the Declaration of the Ministerial Meeting of the Steering Board of the said Council held at Luxembourg on 9 June 1998 in which the Board observed that new banking legislation should be adopted in both Entities; still further noting the call io the authorities in Bosnia and Herzegovina made . by the said Council, at its meeting in Brussels on 23-24 May 2000, for the said authorities to harmonize country-wide their approach in a number of areas including banking; Considering the grave concern repeatedly expressed by the international community, inter alia, through the Declaration of the said Council at its said meeting in Brussels on 23-24 May 2000, over ingrained corruption in Bosnia and Herzegovina which apart from hindering the development of the market economy undermines democratic governance and wastes public resources; Noting that the "Privredna Banka a.d Srpsko Sarajevo" was placed under provisional administration by decision of the Banking Agency of Republika Srpska dated 20 June 2003; Further noting that the Provisional Administrator appointed by the Banking Agency of Republika Srpska announced, by letter dated 30 April 2004, his decision to resign from his position and that such decision followed the assault and battery perpetrated against his person; Mindful that the unsuccessful efforts of the Banking Agency of Republika Srpska to appoint a replacement which culminated in the Decision of the Management Board of the said Agency to solicit the direct involvement of an OHR representative;
001233
All redactions made on this page pursuant to exemptions (b)(6) and (b)(7)(C) Ever conscious that the principle of the rule of law in Bosnia and Herzegovina mandates that insolvent banks be processed through efficient administration free from illegitimate outside interference; Having taken into account and considered the totality of the matters aforesaid I hereby make and require to have issued the following:
DECISION To appoint a Provisional Administrator for the "Privredna Banka a.d. Srpsko Sarajevo" (hereinafter: "the Bank")
1. As from 9 June 2004, H H H H I ^ M H i i s appointed Provisional Administrator of the said Bank. 2. The mandate of the Provisional Administrator shall be regulated by law, unless otherwise stipulated in this Decision. 3. The Provisional Administrator shall be assisted by specialist teams authorized by the Provisional Administrator to work under her orders, and each member of such team shall be provided with a letter certifying such authorization and of the identity of the bearer thereof. 4. The Provisional Administrator and all those authorized to work under her shall have unrestricted access to the premises of the said Bank and each and every one of its branches and subsidiaries, and shall have control over all the financial assets, offices, books of account and other records and documents, electronic equipment, electronic and hardcopy files and all other assets of the bank, including its branches and subsidiaries. Such control shall include control over the reserve held on behalf of the
001234
said Bank in the Central Bank of Bosnia and Herzegovina. 5. The Provisional Administrator, assisted by all those authorised to work under her, is hereby authorised, required and empowered to take protective measures in order to secure the assets and records of the Bank, its branches, subsidiaries and all of the Bank's participation interests so as to prevent their dissipation by theft or other improper action. 6. Should the Provisional Administrator and/or any of those appointed and authorized as above to assist her be physically obstructed in carrying out any of the measures required to implement this Decision, the Provisional Administrator is empowered, should she deem it necessary, to request the assistance of the Peace Stabilization Force in addition to government bodies and officials. 7. The Provisional Administrator shall be empowered, as if appointed Provisional Administrator by the Banking Agency of Republika Srpska, to take all actions provided for under the Law. 8. The Provisional Administrator shall be empowered at any time to declare all or part of the deposits and investments by the public in the said Bank totally or partially blocked for a maximum period of one year. Should a blocking order be so declared, the Provisional Administrator shall take all such measures as she may deem to be appropriate with the object of preserving in the interim the approximate value of such deposits and investments in the said Bank, 9. The Provisional Administrator shall report to the High Representative and the Banking Agency of Republika Srpska upon the said administration. 10. The mandate of the Provisional Administrator shall end as determined by the High Representative at later juncture. 11. The cost of the Provisional Administrator will be borne by the Bank.
001235
12. The Provisional Administrator and all those persons who are authorized to work under her pursuant to the Decision of the High Representative herein, shall, notwithstanding the provisions of any local law or laws to the contrary, have full immunity for all time from all proceedings brought before any court in respect of actions carried out by her or them under or by virtue of the mandate bestowed by the said Decision and in the course of duties carried out thereunder before any court whatsoever. 13. For the avoidance of any doubt or ambiguity it is hereby specifically declared and provided that the provisions of the Decision herein are, as to each and every one of them, laid down by the High Representative pursuant to his international mandate and are not therefore justiciable by the Courts of Bosnia and Herzegovina. This decision, which has immediate effect, shall be published without delay in the Official Gazette of Republika Srpska.
Sarajevo, 8 June 2004
Paddy Ashdown High Representative
Emerika Btuma 1, 71000 Sarajevo; Tel: +387 33 283 500, Fax: +387 33 283 50]
,
.
www.ohr.mt
001236
SAHKA
a.ft. Cpncno Ca'pajeao y npnepe/vienpi ynpcBM
Sarajevo, March 29, 2006 Number: Via Fax: 202-622-2426 Mr Robert Werner, Director Office of Foreign Assets Control U.S. Department of the Treasury Treasury Annex 1500 Pennsylvania Avenue, NW Washington, DC 20220
Re:
Request for Urgent Assistance
Dear Mr Werner, I write to you today to respectfully request your assistance. I am the internationallyappointed Provisional Administrator of Privredna Banka a.d. Srpsko Sarajevo (PBSS), one of the entities named on OFAC's "Specially Designated Nationals and Blocked Persons" list. At the time of its designation by OFAC, PBSS was under the control of Momcilo Mandic, a suspected financial supporter of persons indicted for war crimes (PIFWCs). Mr Mandic is now imprisoned here in Bosnia and facing imminent prosecution by international prosecutors at the State Court for his role in criminally abusing PBSS. In March of 2003, the relevant Banking regulator installed provisional administration in PBSS, thereby removing it from Mr Mandic's control. A year later, following the beating of that first administrator and his subsequent resignation, ! was appointed as the 2 nd provisional administrator by the internationally-appointed High Representative for Bosnia and Herzegovina, Lord Paddy Ashdown. For your information, attached is a copy of that appointment Decision. In order to fulfill my mandate to administer the bank I am often required to issue international payment orders for services or goods procured. This has generally been unproblematic as most payments go through European banks, however, once a payment was seized by a US bank after the installation of provisional administration and never released. On 26 March 2003, UBS Bank Stamford, CT seized a payment of $47,586.00. This action, while technically correct based on OFAC's "Specially Designated Nationals and Blocked Persons" list, occurred after the bank was removed from the hands which prompted it to be listed in the first place. UBS Bank would probably not have been aware at the time that the PBSS was in responsible provisional administration.
001230
All redactions made on this page pursuant to exemptions (b)(6) and (b)(7)(C) Mr Werner, PBSS Is a small bank and I am doing my utmost to collect outstanding debts in an effort to repay as much of depositors' money as possible. I am also seizing Mr Mandic's property in payment of debts he owes the bank and attempting to sell them to honest investors. This seized payment - and any future payments that might inadvertently be seized - is critical to my success in repaying depositors and continuing to conduct the daily business of PBSS' provisional administration. Therefore, I would kindly ask your help with two things. First, I would like to request that OFAC remove PBSS from its list because it is now in internationally-appointed, American hands and no longer operating in a way that required its original OFAC designation. And second, I would seek your assistance getting back the funds seized after the first provisional administrator was appointed in 2003. If you need further information or if I am required to petition a different US institution far this request, please let me know. I can be reached in my ° f f j c e a t ^ H H H H [ H £ £ o r on
my mobile directly at H H ^ H H H - """he fax number is H H H H I ^ ^ h o u l d you
wish to reply in writing. I thank you very much in advance for any assistance you can render. Sincerely,
rovisional Administrator
cc:
Ambassador Larry Butler, Office of the High Representative Ambassador Douglas McElhaney, US Embassy Sarajevo
001231
• •
The user agent is configured not to evaluate scripts. The user agent doesn't support a script language invoked by a SCRIPT element earlier in the document.
Office of the High Representative
HITS Decisions
Tuesday, June 08,2004
Decisions in the Economic Field
Decision appointing a Provisional Administrator for the "Privredna Banka a.d. Srpsko Sarajevo"
In the exercise of the powers vested in me by Article V of Annex 10 (Agreement on Civilian Implementation of the Peace Settlement) to the General Framework Agreement for Peace in Bosnia and Herzegovina, according to which the High Representative is the final authority in theatre regarding interpretation of the said Agreement on the Civilian Implementation of the Peace Settlement; and considering in particular Article 11.1 .(d) of the last said Agreement, according to the terms of which the High Representative shall "Facilitate, as the High Representative judges necessary, the resolution of any difficulties arising in connection with civilian implementation"; Recalling paragraph XI.2 of the Conclusions of the Peace Implementation Conference held in Bonn on 9 and 10 December 1997, in which the Peace Implementation Council welcomed the High Representative's intention to use his final authority in theatre regarding interpretation of the Agreement on the Civilian Implementation of the Peace Settlement in order to facilitate the resolution of any difficulties as aforesaid "by making binding decisions, as he judges necessary" on certain issues including (under subparagraph (c) thereof) "measures to ensure implementation of the Peace Agreement throughout Bosnia and Herzegovina and its Entities"; Observing the importance which the international community attaches to the proper administration of the banking system of Bosnia and Herzegovina as an integral part of
001232
the peace implementation process; Noting by way of example of the said attachment, the welcome given by the Peace Implementation Council at the Conference held at London on 4-5 December 1996 to the commitment of the authorities in Bosnia and Herzegovina to pass laws on fields including banking; further noting paragraph 44 a) of the Declaration of the Ministerial Meeting of the Steering Board of the said Council held at Luxembourg on 9 June 1998 in which the Board observed that new banking legislation should be adopted in both Entities; still further noting the call io the authorities in Bosnia and Herzegovina made . by the said Council, at its meeting in Brussels on 23-24 May 2000, for the said authorities to harmonize country-wide their approach in a number of areas including banking; Considering the grave concern repeatedly expressed by the international community, inter alia, through the Declaration of the said Council at its said meeting in Brussels on 23-24 May 2000, over ingrained corruption in Bosnia and Herzegovina which apart from hindering the development of the market economy undermines democratic governance and wastes public resources; Noting that the "Privredna Banka a.d Srpsko Sarajevo" was placed under provisional administration by decision of the Banking Agency of Republika Srpska dated 20 June 2003; Further noting that the Provisional Administrator appointed by the Banking Agency of Republika Srpska announced, by letter dated 30 April 2004, his decision to resign from his position and that such decision followed the assault and battery perpetrated against his person; Mindful that the unsuccessful efforts of the Banking Agency of Republika Srpska to appoint a replacement which culminated in the Decision of the Management Board of the said Agency to solicit the direct involvement of an OHR representative;
001233
All redactions made on this page pursuant to exemptions (b)(6) and (b)(7)(C) Ever conscious that the principle of the rule of law in Bosnia and Herzegovina mandates that insolvent banks be processed through efficient administration free from illegitimate outside interference; Having taken into account and considered the totality of the matters aforesaid I hereby make and require to have issued the following:
DECISION To appoint a Provisional Administrator for the "Privredna Banka a.d. Srpsko Sarajevo" (hereinafter: "the Bank")
1. As from 9 June 2004, H H H H I ^ M H i i s appointed Provisional Administrator of the said Bank. 2. The mandate of the Provisional Administrator shall be regulated by law, unless otherwise stipulated in this Decision. 3. The Provisional Administrator shall be assisted by specialist teams authorized by the Provisional Administrator to work under her orders, and each member of such team shall be provided with a letter certifying such authorization and of the identity of the bearer thereof. 4. The Provisional Administrator and all those authorized to work under her shall have unrestricted access to the premises of the said Bank and each and every one of its branches and subsidiaries, and shall have control over all the financial assets, offices, books of account and other records and documents, electronic equipment, electronic and hardcopy files and all other assets of the bank, including its branches and subsidiaries. Such control shall include control over the reserve held on behalf of the
001234
said Bank in the Central Bank of Bosnia and Herzegovina. 5. The Provisional Administrator, assisted by all those authorised to work under her, is hereby authorised, required and empowered to take protective measures in order to secure the assets and records of the Bank, its branches, subsidiaries and all of the Bank's participation interests so as to prevent their dissipation by theft or other improper action. 6. Should the Provisional Administrator and/or any of those appointed and authorized as above to assist her be physically obstructed in carrying out any of the measures required to implement this Decision, the Provisional Administrator is empowered, should she deem it necessary, to request the assistance of the Peace Stabilization Force in addition to government bodies and officials. 7. The Provisional Administrator shall be empowered, as if appointed Provisional Administrator by the Banking Agency of Republika Srpska, to take all actions provided for under the Law. 8. The Provisional Administrator shall be empowered at any time to declare all or part of the deposits and investments by the public in the said Bank totally or partially blocked for a maximum period of one year. Should a blocking order be so declared, the Provisional Administrator shall take all such measures as she may deem to be appropriate with the object of preserving in the interim the approximate value of such deposits and investments in the said Bank, 9. The Provisional Administrator shall report to the High Representative and the Banking Agency of Republika Srpska upon the said administration. 10. The mandate of the Provisional Administrator shall end as determined by the High Representative at later juncture. 11. The cost of the Provisional Administrator will be borne by the Bank.
001235
12. The Provisional Administrator and all those persons who are authorized to work under her pursuant to the Decision of the High Representative herein, shall, notwithstanding the provisions of any local law or laws to the contrary, have full immunity for all time from all proceedings brought before any court in respect of actions carried out by her or them under or by virtue of the mandate bestowed by the said Decision and in the course of duties carried out thereunder before any court whatsoever. 13. For the avoidance of any doubt or ambiguity it is hereby specifically declared and provided that the provisions of the Decision herein are, as to each and every one of them, laid down by the High Representative pursuant to his international mandate and are not therefore justiciable by the Courts of Bosnia and Herzegovina. This decision, which has immediate effect, shall be published without delay in the Official Gazette of Republika Srpska.
Sarajevo, 8 June 2004
Paddy Ashdown High Representative
Emerika Btuma 1, 71000 Sarajevo; Tel: +387 33 283 500, Fax: +387 33 283 50]
,
.
www.ohr.mt
001236
