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UN Resolution 942

Adopted by the Security Council at its 3428th meeting, on 23 September 1994



The Security Council,

Recalling all its earlier relevant resolutions,


Affirming its commitment to a negotiated settlement of the conflict in the former Yugoslavia, preserving the territorial integrity of all the States there within their internationally
recognized borders,

Expressing appreciation for the efforts undertaken by the

representatives of the United Nations, the European Union, the
United States of America and the Russian Federation to assist
the parties in reaching a settlement,

Reaffirming the need for a lasting peace settlement to be
signed by all the Bosnian parties, and implemented in good

faith by them, and condemning the decision by the Bosnian Serb
party to refuse to accept the proposed territorial settlement
(S/1994/1081),

Viewing the measures imposed by the present resolution and
by its previous relevant resolutions as a means towards the

end of producing a negotiated settlement to the conflict,

Expressing its support for the continuing efforts of
Member States, in particular States in the region, to
implement its relevant resolutions,


Determining that the situation in the former Yugoslavia
continues to constitute a threat to international peace and
security,

Acting under Chapter VII of the Charter of the United

Nations,

A

1. Expresses its approval of the proposed territorial
settlement for the Republic of Bosnia and Herzegovina which
has been put to the Bosnian parties as part of an overall

peace settlement;


94-37272 (E)
/...
2. Expresses its satisfaction that the proposed

territorial settlement has now been accepted in full by all
except the Bosnian Serb party;

3. Strongly condemns the Bosnian Serb party for their
refusal to accept the proposed territorial settlement, and
demands that that party accept this settlement unconditionally

and in full;

4. Requires all parties to continue to observe the cease-
fire as agreed on 8 June 1994 and to refrain from all new acts
of hostility;


5. Declares its readiness to take all measures necessary
to assist the parties to give effect to the proposed
settlement once it has been accepted by all parties, and in
this connection encourages States, acting nationally or
through regional agencies or arrangements, to cooperate in an
effective manner with the Secretary-General in his efforts to

aid the parties to implement the proposed settlement;

B

Resolved to reinforce and extend the measures imposed by
its previous resolutions with regard to those areas of the

Republic of Bosnia and Herzegovina under the control of
Bosnian Serb forces,

6. Calls upon States to desist from any political talks
with the leadership of the Bosnian Serb party as long as that
party has not accepted the proposed settlement in full;


7. Decides that States shall prevent

(i) economic activities carried on, after the date of
adoption of this resolution, within their territories

by any entity, wherever incorporated or constituted,
which is owned or controlled, directly or indirectly,
by:

(a) any person in, or resident in, or any entity,
including any commercial, industrial or public

utility undertaking, in those areas of the
Republic of Bosnia and Herzegovina under the
control of Bosnian Serb forces, or

(b) any entity incorporated in or constituted under
the law of those areas of the Republic of Bosnia
and Herzegovina under the control of Bosnian Serb
forces, as well as


(ii) economic activities carried on, after the date of
adoption of this resolution, within their
territories, by any person or entity, including
those identified by States for the purpose of this
resolution, found to be acting for or on behalf of
and to the benefit of any entity, including any

commercial, industrial or public utility
undertaking in those areas of the Republic of
Bosnia and Herzegovina under the control of
Bosnian Serb forces, or any entity identified in
subparagraph (i) above;


provided

(a) that States may authorize such activities to be
carried on within their territories, having satisfied
themselves on a case-by-case basis that the activities do not
result in the transfer of property or interests in property to

any person or entity described in subparagraph (i) (a) or (b)
above, and

(b) that nothing in this paragraph shall prevent the
provision of supplies intended strictly for medical purposes
and foodstuffs notified to the Committee established by

resolution 724 (1991), or commodities and products for
essential humanitarian needs approved by the Committee;

8. Decides that States shall revoke existing, and issue
no further, authorization under paragraph 7 above in respect
of any person or entity violating the measures imposed by this

resolution or violating the measures imposed by earlier
relevant resolutions, where those violations have occurred
after the date of adoption of this resolution;

9. Decides that States shall consider the term "economic
activities" used in paragraph 7 above to mean


(a) all activities of an economic nature, including
commercial, financial and industrial activities and
transactions, in particular all activities of an economic
nature involving the use of or dealing in, with or in

connection with property or interests in property,

(b) the exercise of rights relating to property or
interests in property, and

(c) the establishment of any new entity or change in

management of an existing entity;

10. Decides that States shall consider the term "property
or interests in property" used in paragraphs 7 and 9 above to

mean funds, financial, tangible and intangible assets,
property rights, and publicly and privately traded securities
and debt instruments, and any other financial and economic
resources;


11. Decides that States in which there are funds or other
financial assets or resources of

(i) any entity, including any commercial, industrial or
public utility undertaking in those areas of the
Republic of Bosnia and Herzegovina under the control

of Bosnian Serb forces, or

(ii) any entity identified in paragraph 7 (i) above or
any person or entity identified in
paragraph 7 (ii) above,


shall require all persons and entities within their
territories holding such funds or other financial assets or
resources to freeze them to ensure that neither they nor any
other funds or any other financial assets or resources are
made available directly or indirectly to or for the benefit of
any of the above-mentioned persons or entities,

except

(a) payments made in connection with activities authorized
in accordance with paragraph 7 above, or

(b) payments made in connection with transactions

authorized by the Government of the Republic of Bosnia and
Herzegovina with regard to persons or entities within its
territory,

provided that States are satisfied that payments to persons
outside their territories will be used for the purpose or in

connection with the activities and transactions for which
permission is sought; and that in the case of payments made
under exception (a) above, States may authorize such payments
only after they are satisfied on a case-by-case basis that the
payments do not result in the transfer of funds or other
financial assets or resources to any person or entity

described in subparagraph (a) or (b) of paragraph 7 (i) above;

12. Decides that States shall ensure that all payments of
dividends, interest or other income on shares, interest, bonds
or debt obligations or amounts derived from an interest in, or

the sale or other disposal of, or any other dealing with,
tangible and intangible assets and property rights, accruing
to

(i) any entity, including any commercial, industrial or
public utility undertaking in those areas of the

Republic of Bosnia and Herzegovina under the control
of Bosnian Serb forces, or

(ii) any entity identified in paragraph 7 (i) or any
person or entity identified in paragraph 7 (ii)
above,

are made only into frozen accounts;


13. Decides that the provision of services, both financial
and non-financial, to any person or body for the purposes of
any business carried on in those areas of the Republic of
Bosnia and Herzegovina under the control of Bosnian Serb
forces shall be prohibited, the only exceptions being

(a) telecommunications, postal services and legal services
consistent with this resolution and earlier relevant
resolutions, (b) services whose supply may be necessary for
humanitarian or other exceptional purposes, as approved on a
case-by-case basis by the Committee established by resolution
724 (1991), and (c) services authorized by the Government of

the Republic of Bosnia and Herzegovina;

14. Decides that States shall prevent the entry into their
territories of:

(a) the members of the authorities, including legislative

authorities, in those areas of the Republic of Bosnia and
Herzegovina under the control of Bosnian Serb forces and
officers of the Bosnian Serb military and paramilitary forces,
and those acting on behalf of such authorities or forces;

(b) persons found, after the adoption of the present

resolution, to have provided financial, material, logistical,
military or other tangible support to Bosnian Serb forces in
violation of relevant resolutions of the Council;

(c) persons in or resident in those areas of the Republic
of Bosnia and Herzegovina under the control of Bosnian Serb

forces found to have violated or contributed to the violation
of the measures set out in resolution 820 (1993) and in the
present resolution;

and requests that the Committee established by resolution
724 (1991) establish and maintain an updated list, based on

information provided by States and competent regional
organizations, of the persons falling within this paragraph;

provided that nothing in this paragraph shall oblige a
State to refuse entry into its territory to its own nationals;

and provided that the entry of a person included in the list
into a particular State on a specified date may be authorized,
for purposes consistent with the pursuit of the peace process
and with the present resolution and earlier relevant
resolutions, by the Committee or, in the event of disagreement
in the Committee, by the Council;


15. Decides to prohibit all commercial riverine traffic
from entering ports of those areas of the Republic of Bosnia
and Herzegovina under the control of Bosnian Serb forces

except when authorized on a case-by-case basis by the
Committee established by resolution 724 (1991), or by the
Government of the Republic of Bosnia and Herzegovina for its
territory, or in case of force majeure;


16. Decides that States shall require that all shipments
of commodities and products destined for those areas of the
Republic of Bosnia and Herzegovina under the control of
Bosnian Serb forces be properly manifested and either be
physically inspected by the Sanctions Assistance Missions or
the competent national authorities at loading to verify and

seal their contents or be laden in a manner which permits
adequate physical verification of the contents;

17. Decides that States shall, in notifying or submitting
applications to the Committee established by resolution
724 (1991) in respect of supplies intended strictly for

medical purposes and foodstuffs and essential humanitarian
supplies in respect of those areas of the Republic of Bosnia
and Herzegovina under the control of Bosnian Serb forces,
report for information purposes to the Committee on the source
of funds from which payment is to be made;


18. Decides that States shall, in implementing the
measures imposed by this resolution, take steps to prevent the
diversion of benefits to those areas of the Republic of Bosnia
and Herzegovina under the control of Bosnian Serb forces from
other places, and in particular from the United Nations
Protected Areas in Croatia;


19. Requests the Secretary-General to provide the
necessary assistance to the Committee established by
resolution 724 (1991) and to make the necessary arrangements
in the Secretariat for that purpose;


20. Decides that the provisions set forth in this
resolution do not apply to activities related to the United
Nations Protection Force, the International Conference on the
Former Yugoslavia or the European Community Monitoring
Missions;


21. Decides to review the measures imposed by this
resolution whenever appropriate and in any event every four
months from the date of adoption of this resolution; and
expresses its readiness to reconsider those measures if the
Bosnian Serb party accepts the proposed territorial settlement

unconditionally and in full;

22. Decides to remain actively seized of the matter and to
consider immediately, whenever necessary, further steps to
achieve a peaceful solution in conformity with relevant
resolutions of the Council.



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