Adopted by the Security Council at its 3595th meeting, on 22
November 1995
The Security Council,
Recalling all its previous relevant resolutions concerning
the conflicts in the former Yugoslavia,
Reaffirming its commitment to a negotiated political settlement
of the conflicts in the former Yugoslavia, preserving the territorial
integrity of all States there within their internationally recognized
borders,
Commending the efforts of the international community,
including those of the Contact Group, to assist the parties in
reaching a settlement,
Praising the decision of the Governments of the Republic
of Bosnia and Herzegovina, the Republic of Croatia and the Federal
Republic of Yugoslavia to attend and participate constructively
in proximity talks in the United States of America, and acknowledging
with appreciation the efforts made by these Governments to reach
a lasting peace settlement in Bosnia and Herzegovina,
Welcoming the initialling of the General Framework Agreement
for Peace in Bosnia and Herzegovina and the Annexes thereto (collectively
the Peace Agreement) by the Republic of Bosnia and Herzegovina,
the Republic of Croatia and the Federal Republic of Yugoslavia
and the other parties thereto on 21 November 1995, in Dayton,
Ohio, signifying agreement between the parties to sign formally
the Peace Agreement,
Noting the Concluding Statement issued at the adjournment
of the proximity talks, in which all parties undertook, inter
alia, to assist in locating the two French pilots missing in Bosnia
and Herzegovina and to ensure their immediate and safe return,
Stressing the need for all parties to comply fully with
all provisions of the Peace Agreement,
Noting that compliance with the requests and orders of
the International Tribunal for the former Yugoslavia constitutes
an essential aspect of implementing the Peace Agreement,
Recognizing the interests of all States in the implementation
of the suspension and subsequent termination of measures imposed
by the Council, and in particular the interests of the successor
States to the State formerly known as the Socialist Federal Republic
of Yugoslavia, with respect to the disposition of assets affected
by the fact that that State has ceased to exist, and the desirability
of accelerating the process now under way under the auspices of
the International Conference on the Former Yugoslavia (ICFY) to
reach a consensual agreement among the successor States as to
the disposition of such assets,
Determining that the situation in the region continues
to constitute a threat to international peace and security,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that the measures imposed by or reaffirmed in
resolutions 757 (1992), 787 (1992), 820 (1993), 942 (1994), 943
(1994), 988 (1995), 992 (1995), 1003 (1995) and 1015 (1995) are
suspended indefinitely with immediate effect subject to the provisions
of paragraphs 2 to 5 below, and provided that if the Secretary-General
reports to the Council that the Federal Republic of Yugoslavia
has failed formally to sign the Peace Agreement on the date announced
by the Contact Group for such purpose, and that the other parties
thereto have expressed their readiness so to sign, the measures
described above shall be automatically reimposed from the fifth
day following the date of such report;
2. Decides also that the suspension referred to in paragraph
1 above shall not apply to the measures imposed on the Bosnian
Serb party until the day after the commander of the international
force to be deployed in accordance with the Peace Agreement, on
the basis of a report transmitted through the appropriate political
authorities, informs the Council via the Secretary-General that
all Bosnian Serb forces have withdrawn behind the zones of separation
established in the Peace Agreement; and urges all parties concerned
to take all necessary measures to assist in locating the two French
pilots mission in Bosnia and Herzegovina, and to ensure their
immediate and safe return;
3. Further decides that if at any time, with regard to
a matter within the scope of their respective mandates and after
joint consultation if appropriate, either the High Representative
described in the Peace Agreement, or the commander of the international
force to be deployed in accordance with the Peace Agreement, on
the basis of a report transmitted through the appropriate political
authorities, informs the Council via the Secretary-General that
the Federal Republic of Yugoslavia or the Bosnian Serb authorities
are failing significantly to meet their obligations under the
Peace Agreement, the suspension referred to in paragraph 1 above
shall terminate on the fifth day following the Council's receipt
of such a report, unless the Council decides otherwise taking
into consideration the nature of the non-compliance;
4. Further decides that it will terminate the measures
described in paragraph 1 above on the tenth day following the
occurrence of the first free and fair elections provided for in
annex 3 of the Peace Agreement, provided that the Bosnian Serb
forces have withdrawn from, and have continued to respect, the
zones of separation as provided in the Peace Agreement;
5. Further decides that so long as the measures referred
to in paragraph 1 above remain suspended, or are terminated by
a subsequent Council decision in accordance with paragraph 4 above,
all funds and assets previously frozen or impounded pursuant to
resolutions 757 (1992) and 820 (1993) may be released by States
in accordance with law, provided that any such funds and assets
that are subject to any claims, liens, judgements, or encumbrances,
or which are the funds or assets of any person, partnership, corporation,
or other entity found or deemed insolvent under law or the accounting
principles prevailing in such State, shall remain frozen or impounded
until released in accordance with applicable law, and decides
further that obligations of States related to freezing or impounding
funds and assets contained in such resolutions shall be suspended
pursuant to paragraph 1 above with respect to all funds and assets
not currently frozen or impounded until the measures concerned
are terminated by a subsequent Council decision;
6. Further decides that the suspension or termination of
obligations pursuant to this resolution is without prejudice to
claims of successor States to the former Socialist Federal Republic
of Yugoslavia with respect to funds and assets; stresses the need
for the successor States to reach agreement on the distribution
of funds and assets and the allocation of liabilities of the former
Socialist Federal Republic of Yugoslavia; encourages all States
to make provision under their national law for addressing competing
claims of States, as well as claims of private parties affecting
funds and assets; and further encourages States to take appropriate
measures to facilitate the expeditious collection of any funds
and assets by the appropriate parties and the resolution of claims
related thereto;
7. Further decides that all States shall continue to take
the necessary measures to ensure that there shall be no claim
in connection with the performance of any contract or other transaction
where such performance was affected by the measures imposed by
the resolutions referred to in paragraph 1 above and related resolutions;
8. Requests the Committee established pursuant to resolution
724 (1991) to review and to amend its guidelines in the light
of the provisions of this resolution;
9. Pays tribute to the neighbouring States, the ICFY mission,
the European Union/Organization for Security and Cooperation in
Europe Sanctions Coordinator, the Sanctions Communications Centre
and the Sanctions Assistance Missions, the Western European Union
operation on the Danube and the North Atlantic Treaty Organization/Western
European Union Sharp Guard operation in the Adriatic Sea for their
significant contribution to the achievement of a negotiated peace;
10. Decides to remain seized of the matter.