UNITED
NATIONS

S/RES/1022 (1995)
Page

RESOLUTION 1022 (1995)

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.