6. člen BSEPDD
Article 1
Ta zakon začne veljati naslednji dan po objavi v Uradnem listu Republike Slovenije – Mednarodne pogodbe. Št. 450-07/96-17/1 Ljubljana, dne 19. februarja 1997 Predsednik Državnega zbora Republike Slovenije Janez Podobnik, dr. med. l. r. With reference to the Agreed Minute signed in Paris on May 22, 1984 between representatives of the Government of the Socialist Federal Republic of Yugoslavia and representatives of the governments of certain creditor countries, including the Kingdom of Sweden, concerning the alleviation of certain Yugoslav external debt service obligations, the Government of the Kingdom of Sweden and the Federal Executive Council of the Assembly of the Socialist Federal Republic of Yugoslavia (hereinafter referred to as “The Federal Executive Council”) have agreed as follows: This agreement shall apply to outstanding principal amounts, (i) which are owed by Yugoslav entities under commercial contracts, concluded before December 2, 1982, guaranteed by the Swedish Export Credits Guarantee Board (EKN) and providing for a credit period of more than one year, and (ii) which have fallen or will fall due from January 1, 1984, up to December 31, 1984 (inclusive). The debts thus covered by the Agreement (“the Debts”) have been specified in the appendix to a protocol (“the Protocol”) which was signed Juanary 23, 1985, by EKN and Investiciona banka Titograd – Udružena banka, Titograd (“the Bank”) and which forms an integral part of the Agreement. It is understood that interest accrued up to the original due dates (inclusive) shall be paid on those dates. Payment of the Debts, shall be effected in six equal semi-annual instalments on the following dates: December 31, 1988 June 30, 1989 December 31, 1989 June 30, 1990 December 31, 1990, and June 30, 1991 Interest shall be paid on the outstanding balance of the total amount of the Debts. The interest shall be calculated as from the original due dates on the exact number of days elapsed on the basis of a 360 day year. The interest shall be paid semi-annualy in arrears on each December 31 and June 30, commencing on June 30, 1985. The rate of interest for Swedish kronor shall be 13.5 per cent per annum. The rate of interest for US dollars shall be 10 per cent per annum for the first interest period. The rate of interest for US dollars for the succeeding interest periods shall be determined separately for each interest period and shall correspond to the rate which by 5/8 of one percentage unit p.a. exceeds the rate at which six months US dollar deposits for a similar amount are offered to Skandinaviska Enskilda Banken, Stockholm, Sweeden, by prime banks in the London Interbank Market at or around 11.00 a.m. (London time) on a Stockholm banking day falling two banking days in London prior to the beginning of the interest period in question. In the event, however, that no deposits are being offered to Skandinaviska Enskilda Banken as aforesaid, then the debts shall bear interest at a rate which by 5/8 of one percentage unit p.a. exceeds the rate at which such deposits may otherwise be obtainable by first class banks in the international market. Statements as to the interest rate applicable for each interest period shall be forwarded by EKN to the Bank successively. In the event that an amount payable hereunder has not been received on the due date thereof, interest shall be paid on such amount from the due date up to and including the day of actual payment at a rate which by one percentage unit p.a. exceeds the applicable rate determined as aforesaid. The payments to be made under this Agreement, whether of principal or of interest, shall be effected in the currency/the currencies specified in the original contracts, as listed in the appendix to the Protocol. All payments covered by this Agreement shall be made without notice or demand and without deduction for any present or future taxes or withholdings of any nature imposed in the Socialist Federal Republic of Yugoslavia and shall be effected in the manner described in the Protocol. If an amount paid under the Agreement is not sufficient to cover the total amount due, the amount paid shall be allocated against the Debts in the chronological order of their maturity according to the Agreement and thereby in the first instance against interest accrued after the due date, in the second instance against interest accrued up to the due date (inclusive) and thereafter against principal. The Federal Executive Council assumes full liability for the due fulfilment of all payments to be made under this Agreement as well as for the payment of interest accrued up to the original due dates as set out in Article 1, paragraph 3. EKN and the Bank are authorized, each within their own capacity, by their respective Government and under the full responsibility of that Government, to implement this Agreement. This Agreement shall not affect the rights and obligations of individual creditors and debtors under their respective contracts except those concerning the payment of the Debts as agreed herein. The Federal Executive Council will accord to the Government of Sweden a treatment not less favourable than that which may be accorded to any other creditor country signatory to the Agreed Minute for the consolidation of comparable debts. The Federal Executive Council and the Government of Sweden shall endeavour to settle any disputes by negotiation or by such other means as the Governments may agree upon. This Agreement will enter into force upon the approval of the competent authorities of both parties. In the case of Sweden this approval has been given by its signing. In the case of Yugoslavia this approval will be given upon its ratification in accordance with the laws in force in Yugoslavia. However, this Agreement shall temporarily apply from the date of its signature, and shall terminate when all payments according to this Agreement have been made. Done in Belgrade this first day of February 1985 in duplicate, both copies being equally authentic. For the Federal Executive Council of the Assembly of the Socialist Federal Republic of Yugoslavia Nikola Jelić, (s) Director of Department in the Federal Secretariat for Finance For the Government of the Kingdom of Sweden Lennart Myrsten, (s) Ambassador With reference to the Agreed Minute signed in Paris on May 24, 1985 between representatives of the Government of the Socialist Federal Republic of Yugoslavia and representatives of the governments of certain creditor countries, including the Kingdom of Sweden, concerning the alleviation of certain Yugoslav external debt service obligations, the Federal Executive Council of the Assembly of the Socialist Federal Republic of Yugoslavia (hereinafter referred to as “The Federal Executive Council”) and the Government of the Kingdom of Sweden have agreed as follows: This agreement shall apply to outstanding principal amounts, (i) which are owed by Yugoslav entities under commercial contracts, concluded before December 2, 1982, guaranteed by the Swedish Export Credits Guarantee Board (EKN) and providing for a credit period of more than one year, and (ii) which have fallen or will fall due from January 1, 1985, up to May 15, 1986 (inclusive). The debts thus covered by the Agreement (“the Debts”) have been specified in the appendix to a protocol (“the Protocol”) which will be signed by EKN and Investiciona banka Titograd – Udružena banka, Titograd (“the Bank”) and which forms an integral part of the Agreement. It is understood that interest accrued up to the original due dates (inclusive) shall be paid on those dates. 90% of the principal will be repaid in ten equal and successive semi-annual instalments of the following dates: March 1, 1990 September 1, 1990 March 1, 1991 September 1, 1991 March 1, 1992 September 1, 1992 March 1, 1993 September 1, 1993 March 1, 1994 September 1, 1994 Interest shall be paid on the outstanding balance of the total amount of the Debts. The interest shall be calculated as from the original due dates on the exact number of days elapsed on the basis of a 360 day year and shall be paid on the last day of each interest period. The first interest shall end on September 1, 1986, the second on March 1, 1987, and the following on each succeeding September 1 and March 1. The rate of interest shall be determined as follows: The rate of interest for the first interest period shall be 13.5 percent p.a. The rate of interest for the succeeding interest periods shall be determined separately for each interest period and shall correspond to the rate which by 3/8 of one percentage unit exceeds the rate which constitutes the basis for the price at which Skandinaviska Enskilda Banken, Stockholm, Sweden, at or around 11 a.m. (London time) on a Stockholm banking day falling two banking days in London prior to the beginning of the interest period in question is prepared to acquire Swedish short term treasury notes (statsskuldvaxlar) with a remaining maturity of approximately six months. In the event, however, that no such quotation is obtainable, the Debts shall bear interest at a rate which by 3/8 of one percentage unit exceeds the yield for similar instruments in the Swedish money market. The rate of interest for the first interest period shall be 9 per cent p.a. for US dollars and 7 per cent p.a. for Deutsche Mark. The rate of interest for the succeeding interest periods shall be determined separately for each interest period and shall correspond to the rate which by 5/8 of one percentage unit exceeds the rate at which six months deposits in the relevant currency for a similar amount are offered to Skandinaviska Enskilda Banken: Stockholm, Sweden, by prime banks in the London Interbank Market at or around 11.00 a.m. (London time) on a Stockholm banking day falling two banking days in London prior to the beginning of the interest period in question. In the event, however, that no deposits are being offered to Skandinaviska Enskilda Banken as aforesaid, then the Debts shall bear interest at a rate which by 5/8 of one percentage unit exceeds the rate at which such deposits may otherwise be obtainable by first class banks in the international market. Statements as to the interest rate applicable for each interest period shall be forwarded by EKN to the Bank successively. In the event that an amount payable hereunder has not been received on the due date thereof, interest shall be paid on such amount from the due date up to and including the day of actual payment at a rate which by one percentage unit exceeds the applicable rate determined as aforesaid. The payments to be made under this Agreement, whether of principal or of interest, shall be effected in the currencies specified in the original contracts, as listed in the appendix to the Protocol. All payments covered by this Agreement shall be made without notice or demand and without deduction for any present or future taxes or withholdings of any nature imposed in the Socialist Federal Republic of Yugoslavia and shall be effected in the manner described in the Protocol. If an amount paid under the Agreement is not sufficient to cover the total amount due, the amount paid shall be allocated against the Debts in the chronological order of their maturity according to the Agreement and thereby in the first instance against interest accrued after the due date, in the second instance against interest accrued up to the due date (inclusive) and thereafter against principal. The Federal Executive Council assumes full liability for the due fulfilment of all payments to be made under this Agreement as well as for the payment of interest accrued up to the original due dates as set out in Article 1, last paragraph. The Federal Executive Council will take the necessary steps in order to secure the payments of all Debt due and not paid and not covered by the Agreed Minute signed on May 24, 1985 in Paris. EKN and the Bank are authorized, each within their own capacity, by their respective Government and under the full responsibility of that Government, to implement this Agreement. This Agreement shall not affect the rights and obligations of individual creditors and debtors under their respective contracts except those concerning the payment of the Debts as agreed herein. The Federal Executive Council will accord to the Government of Sweden a treatment not less favourable than that which may be accorded to any other creditor country for the consolidation of debts of a comparable term. The Federal Executive Council and the Government of Sweden shall endeavour to settle any disputes by negotiation or by such other means as the Governments may agree upon. This Agreement will enter into force upon the approval of the competent authorities of both parties. In the case of Sweden this approval has been given by its signing. In the case of Yugoslavia this approval will be given upon its ratification in accordance with the laws in force in Yugoslavia. However, this Agreement shall temporarily apply from the date of its signature, and shall terminate when all payments according to this Agreement have been made. Done in Belgrade this 6th day of February 1986 in duplicate, both copies being equally authentic. For the Federal Executive Council of the Assembly of the Socialist Federal Republic of Yugoslavia Nikola Jelić, (s) Director of Department in the Federal Secretariat of Finance For the Government of the Kingdom of Sweden Lennart Myrsten, (s) Ambassador Subject to the provisions of the Agreed Minute on the Consolidation of the Debt of the Socialist Federal Republic of Yugoslavia signed in Paris on May 13, 1986 between representatives of the Federal Executive Council of the Assembly of the Socialist Federal Republic of Yugoslavia (hereafter referred to as “The Federal Executive Council”) and representatives of the governments of certain creditor countries, including the Kingdom of Sweden, the Government of the Kingdom of Sweden and the Federal Executive Council have agreed as follows: This Agreement shall apply to outstanding principal amounts, (i) which are owed by Yugoslav entities under commercial contracts, concluded before December 2, 1982, guaranteed by the Swedish Export Credits Guarantee Board (“EKN”) and providing for a credit period of more than one year, and (ii) which have fallen or will fall due during the period May 16, 1986 through May 15, 1987 (inclusive) or (iii) which will fall due during the period May 16, 1987 through March 31, 1988 (inclusive). The debts thus covered by the Agreement (“the Debts”) have been specified in the appendices to a protocol (“the Protocol”) which will be signed by EKN and Investiciona banka Titograd – Udružena banka, Titograd (“the Bank”) concerning the implementation of the Agreement. It is understood that interest accrued up to the original due dates (inclusive) as well as unconsolidated payments of principal shall be paid by the original borrowers to the original creditors on those dates. 85% of the Debts mentioned in Article 1 (ii) will be repaid in ten equal and successive semi-annual instalments of the following dates: April 30, 1991 October 31, 1991 April 30, 1992 October 31, 1992 April 30, 1993 October 31, 1993 April 30, 1994 October 31, 1994 April 30, 1995 October 31, 1995 The percentage of Debts mentioned in Article 1 (iii) to be consolidated will be specified through an exchange of letters between the two parties, following an agreement on that percentage between representatives of Creditor Governments and the Socialist Federal Republic of Yugoslavia. Repayment of these Debts will be made in 10 equal and successive semi-annual instalments on the following dates: March 31, 1992 September 30, 1992 March 31, 1993 September 30, 1993 March 31, 1994 September 30, 1994 March 31, 1995 September 30, 1995 March 31, 1996 September 30, 1996 Interest shall be paid on the outstanding balance of the total amount of the Debts. The interest shall be calculated as from the original due dates for the exact number of days elapsed on the basis of a 360 day year and shall be paid on the last day of each interest period. As regards Debts mentioned in Article 2, the first interest period shall end on April 30, 1987, the second on October 31, 1987, and the ofllowing on each succeeding April 30 and October 31. The first interest period, as regards Debts mentioned in Article 3, shall end on September 30, 1987, the second on March 31, 1988 and the following on each succeeding March 31 and September 30. The rate of interest shall be determined as follows: The rate of interest for the first interest period shall be 10.5 percent per annum. The rate of interest for the succeeding interest periods shall be determined separately for each interest period and shall correspond to the rate per annum which by 3/8 of one percentage unit exceeds the rate, which constitutes the basis for the price at which Skandinaviska Enskilda Banken, Stockholm, at or around 11 a.m. on a Stockholm banking day falling two banking days prior to the beginning of the interest period in question is prepared to acquire Swedish short term treasury notes (statsskuldvaxlar) with a remaining maturity of approximately six months. In the event, however, that no such quotation is obtainable, the Debts shall bear interest at a rate which by 3/8 of one percentage unit exceeds the yield for similar instruments in the Swedish money market. The rate of interest for the first interest period shall be 6.75 percent per annum for USD. The rate of interest for the succeeding interest periods shall be determined separately for each interest period and shall correspond to the rate per annum which by 5/8 of one percentage unit exceeds the rate at which six months deposits in USD for an amount similar to the total amount of the Debt in USD are offered to Skandinaviska Enskilda Banken, Stockholm, Sweden, by prime banks in the London Interbank Market at or around 11.00 a.m. (London time) on a Stockholm banking day falling two banking days in London prior to the beginning of the interest period in question. In the event, however, that no deposits are being offered to Skandinaviska Enskilda Banken as aforesaid, then the Debts shall bear interest at a rate which by 5/8 of one percentage unit exceeds the rate at which such deposits may otherwise be obtainable by first class banks in the international market. Statements as to the interest rate applicable for each interest period shall be forwarded by EKN to the Bank as soon as possible. In the event that an amount payable hereunder has not been received on the due date thereof, interest shall be paid on such amount from the due date up to and including the day of actual payment at a rate which by one percentage unit exceeds the applicable rate determined as aforesaid. The payments to be made under this Agreement, whether of principal or of interest, shall be effected in the currencies specified in the original contracts, as listed in the appendices to the Protocol. All payments covered by this Agreement shall be made without notice or demand and without deduction for any present or future taxes or withholdings of any nature and shall be effected in the manner described in the Protocol. The Federal Executive Council assumes full liability for the due fulfilment of all payments to be made under this Agreement. The Federal Executive Council will take the necessary steps in accordance with Yugoslav law in order to secure the payment of the non consolidated part of principal and the interest accrued up to the original due dates and not paid and guarantees the transfer of these amounts. EKN and the Bank are authorized, each within their own capacity, by their respective Government and under the full responsibility of that Government, to implement this Agreement. EKN shall at any time, after notification to the Bank, be entitled to substitute this rescheduling agreement by a refinancing agreement on exactly the same terms. This Agreement shall not affect the rights and obligations of individual creditors and debtors under their respective contracts except those concerning the payment of the Debts as agreed herein. The Federal Executive Council will accord to the Government of Sweden a treatment not less favourable than that which may be accorded to any other creditor country for the consolidation of debts of a comparable term. The Federal Executive Council and the Government of Sweden shall endeavour to settle any disputes under this Agreement by negotiation or by such other means as the Governments may agree upon. This Agreement enters into force upon the approval of the competent authorities of both parties. In the case of Sweden this approval has been given by its signing. In the case of Yugoslavia this approval will be given upon its ratification in accordance with the laws in force in Yugoslavia. However, this Agreement shall temporarily apply from the date of its signature, and shall terminate when all payments according to this Agreement have been made. Done in Belgrade this 17th day of March 1987 in two originals in the English language, both being equally authentic. For the Federal Executive Council of the Assembly of the Socialist Federal Republic of Yugoslavia Boris Skapin, (s) Assistant Federal Secretary for Finance For the Government of the Kingdom of Sweden Lennart Myrsten, (s) Ambassador Subject to the provisions of the Agreed Minute on the Consolidation of the Debt of the Socialist Federal Republic of Yugoslavia signed in Paris on July 13, 1988, between representatives of the Federal Executive Council of the Assembly of the Socialist Federal Republic of Yugoslavia (hereafter referred to as “The Federal Executive Council”) and representatives of the governments of certain creditor countries, including the Kingdom of Sweden, the Government of the Kingdom of Sweden and the Federal Executive Council have agreed as follows: This Agreement shall apply to outstanding amounts of principal and interest (i) which have fallen of will fall due during the period April 1, 1988, through June 30, 1989 (inclusive) which are owed by Yugoslav entities under commercial contracts, concluded before December 2, 1982, guaranteed by the Swedish Export Credits Guarantee Board (“EKN”) and providing for a credit period of more than one year, and (ii) which have fallen or will fall due during the period April 1, 1988 through June 30, 1987 (inclusive), resulting from the bilateral Consolidation Agreements of February 1, 1985, February 6, 1986 and March 17, 1987. The debts thus covered by the Agreement (“the Debts”) have been specified in the appendices to a protocol (“the Protocol”) which will be signed by EKN and Investiciona banka Titograd – Udružena banka, Titograd (“the Bank”) concerning the implementation of the Agreement. 100% of the Debts mentioned in Article 1 (i) and (ii) will be repaid in eight equal and successive semi-annual instalments on the following dates: May 15, 1995 November 15, 1995 May 15, 1996 November 15, 1996 May 15, 1997 November 15, 1997 May 15, 1998 November 15, 1998 Interest shall be paid on the outstanding balance of the total amount of the Debts. The interest shall be calculated as from due dates for the exact number of days elapsed on the basis of a 360 day year and shall be paid semiannually in arrears on May 15 and November 15 of each year. The first interest period shall end on November 15, 1988 The rate of interest shall be determined as follows: The rate of interest for the first interest period shall be 10.4 percent per annum. The rate of interest for the succeeding interest periods shall be determined separately for each interest period and shall be 0.375 percentage units above the average Stockholm Interbank Offered Rate (STIBOR) for six months SEK denominated deposits in the Stockholm market at or around 11.00 a.m. (Stockholm time) two banking days in Stockholm prior to the beginning of the interest period in question as quoted on Reuter Monitor Money Rates Services. The rate of interest for the first interest period shall be 9.0 percent per annum for Debts denominated in USD and 5.425 percent per annum for Debts denominated in DEM. The rate of interest for the succeeding interest periods shall be determined separately for each interest period and shall be 0.5 percentage units above the London Interbank Offered Rate (LIBOR), for six months USD and DEM denominated deposits respectively. The LIBOR rates shall be the average of the rates quoted on Reuter Monitor Money Rates Services at or around 11:00 a.m. (London time) two banking days in London prior to the beginning of the interest period in question. Statements as to the interest rate applicable for each interest period shall be forwarded by EKN to the Bank successively. In the event that an amount payable hereunder has not been received on the due date thereof, interest shall be paid on such amount from the due date up to and including the day of actual payment at a rate which by one percentage unit exceeds the applicable rate determined as aforesaid. The payments to be made under this Agreement, whether of principal or of interest, shall be effected in the currencies specified in the original contracts, as listed in the appendices to the Protocol. All payments covered by this Agreement shall be made without notice or demand and without deduction for any present or future taxes or withholdings of any nature and shall be effected in the manner described in the Protocol. EKN shall, after notification to, and with the full consent of the Federal Executive Council, be entitled to assign the any time the whole or any part of its rights under this Agreement. In the event of such assignment the Federal Executive Council and EKN shall agree to a mutually acceptable procedure. The Federal Executive Council assumes full liability for the due fulfilment of all payments to be made under this Agreement. EKN and the Bank are authorized, each within their own capacity, by their respective Government and under the full responsibility of that Government, to implement this Agreement. EKN shall at any time, after notification to the Bank, be entitled to substitute this Consolidation Agreement by a refinancing agreement on exactly the same terms as to principal and interest payment obligations as well as to all other items covered by this Agreement. This Agreement shall not affect the rights and obligations of individual creditors and debtors under their respective contracts except those concerning the payment of the Debts as agreed herein. The Federal Executive Council will accord to the Government of Kingdom of Sweden a treatment not less favourable than that which may be accorded to any other creditor country for the consolidation of debts of a comparable term. Subject to part IV, paragraph 5 of the Agreed Minute on the Consolidation of the Debt of the Socialist Federal Republic of Yugoslavia signed in Paris on July 13, 1988, the Government of the Kingdom of Sweden agrees to consider positively rescheduling of the debt service payments in principal and interest under contracts mentioned in Article 1 (i) and (ii) hereof and falling due from July 1, 1989 to June 30, 1990 and from July 1, 1990 to June 30, 1991. The Federal Executive Council and the Government of Kingdom of Sweden shall endeavour to settle any disputes under this Agreement by negotiation or by such other means as the Governments agree upon. This Agreement enters into force upon the approval of the competent authorities of both parties. In the case of Sweden this approval has been given by its signing. In the case of Yugoslavia this approval will be given upon its ratification in accordance with the laws in force in Yugoslavia which will be given within 30 days of signature of the Agreement. In accordance with Article 3, it is understood that the time period elapsed up to the entry into force of this Agreement will not adversely affect the payment obligations hereunder. However, this Agreement shall temporarily apply from November 7, 1988, and shall terminate when all payments according to this Agreement have been made. Done in Belgrade this 22nd day of December 1988 in two originals in the English language, both being equally authentic. For the Federal Executive Council of the Assembly of the Socialist Federal Republic of Yugoslavia Boris Škapin, (s) For the Government of the Kingdom of Sweden Jan af Sillen, (s) Glede na usklajeni zapisnik, ki so ga 22. maja 1984 v Parizu podpisali predstavniki Vlade Socialistične federativne republike Jugoslavije in predstavniki vlad nekaterih držav upnic, vključno s Kraljevino Švedsko, glede olajšave nekaterih obveznosti odplačila jugoslovanskega zunanjega dolga, sta se Vlada Kraljevine Švedske in Zvezni izvršni svet Skupščine Socialistične federativne republike Jugoslavije (v nadaljevanju Zvezni izvršni svet) dogovorila o naslednjem:
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