[Federal Register Volume 64, Number 75 (Tuesday, April 20, 1999)] [Notices] [Pages 19398-19399] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-9894] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF STATE [Public Notice 3030] Bureau of European Affairs; U.S. Bilateral Assistance to Bosnia and Serbia The Acting Secretary of State issued on April 12, 1999, a waiver under Section 570 of the Foreign Operations, Export Financing and Related Programs Appropriations Act, 1999, authorizing a U.S. vote in favor of a World Bank credit to Bosnia, including the Republika Srpska (RS). Presented hereunder are the Determination and accompanying Memorandum of Justification. FOR FURTHER INFORMATION CONTACT: Office of the SEED Coordinator, Larry C. Napper, Department of State, 2101 C St NW, Washington, DC 20521 (202-647-0853). Determination on U.S. Position on Proposed World Bank Program for Bosnia and Herzegovina Pursuant to the authority vested in me by section 570 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999, as enacted in P.L. 105-277 (``FOAA''), I hereby waive the application of Section 570 of the FOAA with regard to the U.S. position on the proposed program of the World Bank to establish a Local Development Fund (LDF) in Bosnia and Herzegovina. The U.S. representative may vote in favor of the proposed LDF program. I hereby determine that this program would directly support the implementation of the Dayton Agreement and its Annexes. This Determination shall be published in the Federal Register. Dated: April 12, 1999. Strobe Talbot, Acting Secretary of State. Memorandum of Justification Under Section 570 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999, to Approve Local Development Fund Program in the Republika Srpska Beginning with the formation in January 1998 of the Milorad Dodik government, the international community has continued efforts to strengthen moderate forces in the Republika Srpska (RS). The effort to [[Page 19399]] steer RS politics into a moderate course is now at a critical phase. Hardliners are using recent events--the Brcko arbitral award, the dismissal of hardline nationalist RS President Poplasen, and the NATO action against the Federal Republic of Yugoslavia--to try to derail the Dodik government and whip up public feeling against the international community. The United States has made clear repeatedly at RS and municipality levels that all assistance is contingent on continued progress in implementing the Dayton accords and announced its readiness to terminate any projects if the situation warrants. The U.S. has also encouraged other donors to deliver the same message. Progress toward full implementation of the Dayton accords includes progress on arresting indicted war criminals, formation of a broad-based moderate government in the RS, and other key Dayton goals. Section 570 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999, imposes restrictions on assistance to states or entities that fail to ``take necessary and significant steps to apprehend and transfer'' to the International Criminal Tribunal for the Former Yugoslavia all persons who have been publicly indicted by the Tribunal. The Secretary of State determined in November 1998 that Serbia and the Republika Srpska were subject to this restriction. However, Section 570 also provides for a selective use of the waiver authority. An upcoming decision by the World Bank to establish a Local Development Fund (LDF), to lend to municipalities for infrastructure reconstruction, fits the criteria for a waiver. The LDF, which would commit a total of $15 million, is a longer-term (four years) effort to upgrade lending expertise of local banks and debt management capabilities of municipal governments. The U.S. has made clear to the World Bank that it expects strict controls to ensure that no persons publicly indicted of war crimes should benefit from the program, and that no municipalities openly harboring such persons should benefit. The World Bank will institute strong control and audit mechanisms. International banks and consultants responsible to the World Bank will be involved in the selection of participating banks and eligible municipalities. The World Bank is fully aware of the need to avoid a situation where its funds could benefit persons publicly indicted for war crimes, or municipalities responsible for harboring such persons. It will consult regularly with the Office of the High Representative in Sarajevo on the administration of this program. Our record on war criminals remains strong and unequivocal. U.S. encouragement of moderate elements in the RS has helped improve the climate for bringing indicted war criminals to justice. To date, there have been ten forcible detentions and six voluntary surrenders in the RS. Of these, there were seven forcible detentions by SFOR and five voluntary surrenders during 1998. Since April of 1997, the number of war criminals brought before the Tribunal has increased from 7 to 35, due in large measure to the persistent pressure applied by the U.S. Government. The fact that the detentions occurred without major incident, and that there is a relatively high proportion of voluntary surrenders, reflects directly on the climate created by the cooperative relationship with the international community of the Dodik government. We believe that by strengthening moderate and democratic forces in the Republika Srpska, we have strengthened institutions, capabilities, and resolve that will lead to the fulfillment of the Dayton objective of seeing those war criminals who remain at large detained and brought to justice. The international community has repeatedly warned that obstructionism will lead to serious repercussions, including the curtailment of economic assistance. However, positive signals are also needed. The currently volatile climate in the RS should not sway the international community from a long-term policy that strengthens moderates and rewards those who cooperate with Dayton implementation. [FR Doc. 99-9894 Filed 4-19-99; 8:45 am] BILLING CODE 4710-23-P