2. člen

Besedilo memoranduma se v izvirniku v angleškem in prevodu v slovenskem jeziku glasi: The Council of Ministers of the Republic of Albania and The Council of Ministers of Bosnia and Herzegovina, The Government of the Republic of Macedonia, The Government of the Republic of Serbia, The Government of the Republic of Slovenia, The Government of the Republic of Croatia and The Government of Montenegro (hereinafter: jointly referred to as “Successor States of SFRY and Montenegro”), Considering: The Agreement on the Succession Issues of 29 June 2001, in particular Annex C of the Agreement, The Agreement on the Regulation of Membership in the International Financial Organizations and the Distribution of Financial Assets and Liabilities between the Republic of Serbia and the Republic of Montenegro, signed on 10 July 2006, The Agreed Minutes on Negotiations between the Representatives of the Governmental Committee for the Negotiations of the External Debt of Albania (GCNEDA) and the Representatives of Bosnia and Herzegovina, Republic of Croatia, Republic of Macedonia, Republic of Serbia, Montenegro, Republic of Slovenia, signed in Tirana on 9 September, 2009, The need for settlement of the debts of the Republic of Albania under commodity exchange between the Republic of Albania and the former SFRY, And for the purpose of further developing and strengthening of friendly relations among the parties to this Memorandum. Have agreed as follows: The subject matter of this Memorandum is the reconciled claim of the former SFRY towards the Republic of Albania amounting to 20,768,803.80 Clearing Dollars. The parties agree to convert the above mentioned amount with the rate of exchange of 1 clearing dollar = 1 US dollar into 20,768,803.80 (twenty million seven hundred and sixty-eight thousand eight hundred and three dollars and eighty cents) US Dollars. Interest shall be payable on the amount referred to in Paragraph 2 of Article 1 of this Memorandum at the 6-month USD LIBOR rate starting from 31 March 2006 which is the date of the signing of the Agreed Minutes on negotiations between the experts of the National Bank of Serbia and the Bank of Albania to reconcile balances on the accounts of Albanian banks with the National Bank of the former SFRY to 30 September 2009. The regular interest payable on the claim referred to in Paragraph 2 of Article 1 for the period from 31 March 2006 to 30 September 2009 amounts to 3,077,580.48 US Dollars. The amount of the regular interest due after 30 September 2009 shall be calculated at the 6-month USD LIBOR rate until the date of signature of the bilateral agreement of each Successor State of SFRY and Montenegro with the Republic of Albania and be included in the total amount of their respective claims. The final settlement balance between the Republic of Albania on one hand and Successor States of SFRY and Montenegro on the other hand amounts to 23,846,384.28 US Dollars including the regular interest calculated for the period from 31 March 2006 to 30 September 2009. This balance shall be settled in accordance with the provisions of this Memorandum. 1. The final settlement balance, as referred to in Article 3 of this Memorandum, shall be distributed among the parties in accordance with Paragraph 2 of Article 5 of the Annex C to the Agreement on Succession Issues of 29 June 2001, at the following proportions: text="Bosnia and Herzegovina –15.5% The Republic of Macedonia –7.5% Federal Republic of Yugoslavia –38.0% (Later The Republic of Serbia and Montenegro) The Republic of Slovenia –16.0% The Republic of Croatia –23.0%" 2. The part of the final settlement balance referred to in paragraph 1 of this Article which relates to the Federal Republic of Yugoslavia (later the Republic of Serbia and Montenegro) shall be divided in accordance with the Agreement on the Regulation of Membership in the International Financial Organizations and the Distribution of Financial Assets and Liabilities between the Republic of Serbia and the Republic of Montenegro, signed on 10 July 2006, in accordance with the established key for distribution of non-allocated financial assets and liabilities at the following proportions: text="The Republic of Serbia –94.12% The Republic of Montenegro –5.88%" 3. The distribution of final settlement balance as referred to in Article 3 of this Memorandum and in accordance with Paragraph 1 and 2 of this Article, shall be carried out at the following proportions: text="Bosnia and Herzegovina –15.5% The Republic of Macedonia –7.5% The Republic of Serbia –35.7656% The Republic of Slovenia –16.0% The Republic of Croatia –23.0% Montenegro –2.2344%" 4. According to the percentages referred to in Paragraph 3 of this Article, the claims of each Successor State of SFRY and Montenegro from the Republic of Albania shall be as follows: text="Bosnia and Herzegovina –3,696,189.56 US Dollars The Republic of Macedonia –1,788,478.82 US Dollars The Republic of Serbia –8,528,802.42 US Dollars The Republic of Slovenia – 3,815,421.48 US Dollars The Republic of Croatia –5,484,668.38 US Dollars Montenegro –532,823.61 US Dollars" 5. The distribution of the final settlement balance in accordance with Paragraph 4 of this Article shall be valid as of the date of the signing of this Memorandum and shall not be subject to any further revision by the parties. 6. The amount of the final settlement balance shall be allocated to the appropriate accounts which are to be opened by the authorized banks of the Successor States of SFRY and Montenegro in accordance with Paragraph 4 of this Article, but no later than 30 days from the signing of this Memorandum. The procedure for and the modality of settlement of debts of the Republic of Albania to each Successor State of SFRY and Montenegro shall be regulated by the bilateral inter-governmental agreements between the Council of Ministers of the Republic of Albania and the government of each Successor State of SFRY and Montenegro, as soon as possible after the signing of this Memorandum. Within 30 days from the signature of this Memorandum, the National Bank of Serbia (on behalf of NBY of SFRY) shall close in its books all the three existing clearing accounts opened in accordance with interstate clearing agreements between the Republic of Albania and the former SFRY. The Bank of Albania shall open in its books a single account in the name of the National Bank of Yugoslavia (NBY) of the former SFRY to which the amount of the final balance in US Dollars referred to in Paragraph 1 of Article 3 of this Memorandum is to be credited, and it shall notify the authorized banks of the Successor States of SFRY and Montenegro. The Bank of Albania shall open in its books 6 sub-accounts on behalf of each Successor State of SFRY and Montenegro to which the amounts calculated in accordance with the shares provided for in Paragraph 3 of Article 4 and in the amounts stipulated in Paragraph 4 of Article 4 of this Memorandum are to be credited, and it shall accordingly notify the authorized banks of the Successor States of SFRY and Montenegro in 45 days from the date of the signature of this Memorandum. The amount of regular interest shall be calculated every six months on the base of 6-month USD LIBOR rate on dates 30 September and 31 March of each year, from the date of 30 September 2009, until at the date of signature of the bilateral agreements between the Republic of Albania and each Successor State of SFRY and Montenegro: a. If 30 September & 31 March are holiday the amount of regular interest shall be calculated on the base of 6-month USD LIBOR rate of the preceding working days. b. If the date of agreements between the Republic of Albania and each Successor State of SFRY and Montenegro will be different from 30 September& 31 March the amount of regular interest shall be calculated on the base of remain days and 6-month USD LIBOR rate at the agreement days. These interests shall be calculated from the date 30/09/2009 and the Bank of Albania shall be notified by each of the Successor State of SFRY and Montenegro for this calculation. After the control of these amounts, the Bank of Albania shall sent necessaries confirmations for each part and records the respective interest to each sub-accounts of the balance sheet. This Memorandum shall enter into force on the date of the last notification to the Council of Ministers of the Republic of Albania by governments of the Successor States of SFRY and Montenegro that all of the necessary internal procedures for its entry into force have been completed. The Memorandum shall be provisionally applied as of the date of its signature. The Council of Ministers of the Republic of Albania will immediately notify governments of Successor States of SFRY and Montenegro when the last of them notifies the Council of Ministers of the Republic of Albania of the completion of procedures referred to in previous paragraph. Signed in Tirana on December 14, 2010 in seven copies in the English language, all copies being equally authentic. Each party shall receive one copy. For The Council of Ministers of the Republic of Albania Xhentil Demiraj (s) For The Council of Ministers of Bosnia and Herzegovina Ljubiša Vladušić (s) For The Government of the Republic of Macedonia Zoran Petrov (s) For The Government of the Republic of Serbia Zoran Ćirović (s) For The Government of the Republic of Slovenia Miranda Groff Ferjančič (s) For The Government of the Republic of Croatia Zdravko Rogić (s) For The Government of Montenegro Dušan Perović (s) Svet ministrov Republike Albanije ter Svet ministrov Bosne in Hercegovine, Vlada Republike Makedonije, Vlada Republike Srbije, Vlada Republike Slovenije, Vlada Republike Hrvaške in Vlada Črne gore (v nadaljnjem besedilu: države naslednice SFRJ in Črna gora) so se ob upoštevanju Sporazuma o vprašanjih nasledstva z dne 29. junija 2001, zlasti priloge C sporazuma, Sporazuma o urejanju članstva v mednarodnih finančnih organizacijah ter razdelitvi finančnih sredstev in obveznosti med Republiko Srbijo in Republiko Črno goro, podpisanega 10. julija 2006, potrjenega zapisnika o pogajanjih med predstavniki Vladnega odbora za pogajanja o zunanjem dolgu Albanije (GCNEDA) ter predstavniki Bosne in Hercegovine, Republike Hrvaške, Republike Makedonije, Republike Srbije, Črne gore in Republike Slovenije, podpisanega v Tirani 9. septembra 2009, potrebe po poravnavi dolgov Republike Albanije v okviru blagovnega prometa med Republiko Albanijo in nekdanjo SFRJ, nadaljnjega razvoja in krepitve prijateljskih odnosov med pogodbeniki tega memoranduma dogovorili: