EUROPAM

European Public Accountability Mechanisms

Bosnia and Herzegovina

Country score (EU Average*)
  • 45(72) Political Financing
  • 14(57) Financial Disclosure
  • 68(49) Conflict of Interest
  • 72(59) Freedom of Information
  • 63(63) Public Procurement
  • 51(66) Anti Money Laundering
  • 73(71) Asset Recovery

Country Facts

IncomeUpper middle
GNI per capita (2011 PPP $)11710.00
Population, total3507017.00
Urban population (% of total)47.60
Internet users (per 100 people)65.10
Life expectancy at birth (years)77.20
Mean years of schooling (years)9.6
Global Competitiveness Index3.9
Sources: World Bank, UNDP, WEF.

Political Financing

haha lala

Quantitative Data

Primary Metric

201220152016201720202024Trend
Bans and limits on private income36
Public funding12
Regulations on spending50
Reporting, oversight and sanctions83

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Bans and limits on private income

Is there a ban on donations from foreign interests to political parties? Yes. Political parties may not be financed by other states, foreign parties, or foreign legal entities. (Law on Financing of Political Parties of Bosnia and Herzegovina, Art. 8(1)(i))
Is there a ban on donations from foreign interests to candidates? No. The foreign-source ban is extended by Article 18 to independent candidates and lists of independent candidates, not to candidates generally. (Law on Financing of Political Parties of Bosnia and Herzegovina, Arts. 8(1)(i), 18)
Is there a ban on corporate donations to political parties? No. Legal entities may donate to political parties up to the annual cap, although some categories of legal entities are prohibited. (Law on Financing of Political Parties of Bosnia and Herzegovina, Arts. 5(2), 6(4), 8)
Is there a ban on corporate donations to candidates? No. The party-financing rules are extended by Article 18 only to independent candidates and lists of independent candidates, so there is no clear general ban for candidates. (Law on Financing of Political Parties of Bosnia and Herzegovina, Arts. 5(2), 8, 18)
Is there a ban on donations from corporations with government contracts to political parties? Yes. Private enterprises holding public-procurement contracts above KM 10,000 in a calendar year may not financially support political parties. (Law on Financing of Political Parties of Bosnia and Herzegovina, Art. 8(4))
Is there a ban on donations from corporations of partial government ownership to political parties? Yes. Political parties may not be financed by legal entities in which invested capital amounts to at least 25%. (Law on Financing of Political Parties of Bosnia and Herzegovina, Art. 8(1)(h))
Is there a ban on donations from corporations with government contracts to candidates? No. The public-procurement contractor ban is extended by Article 18 only to independent candidates and lists of independent candidates, not to candidates generally. (Law on Financing of Political Parties of Bosnia and Herzegovina, Arts. 8(4), 18)
Is there a ban on donations from corporations of partial government ownership to candidates? No. The ban on financing by legal entities with at least 25% invested capital is extended by Article 18 only to independent candidates and lists of independent candidates. (Law on Financing of Political Parties of Bosnia and Herzegovina, Arts. 8(1)(h), 18)
Is there a ban on donations from Trade Unions to political parties? No. The law bans labour unions, associations, and other non-profit organizations only when they are financed by public funds, so it does not establish a general trade-union ban. (Law on Financing of Political Parties of Bosnia and Herzegovina, Art. 8(1)(g))
Is there a ban on donations from Trade Unions to candidates? No. The publicly funded labour-union restriction is extended by Article 18 only to independent candidates and lists of independent candidates, not to candidates generally. (Law on Financing of Political Parties of Bosnia and Herzegovina, Arts. 8(1)(g), 18)
Is there a ban on anonymous donations to political parties? Yes. Anonymous donors are prohibited sources of financing for political parties. (Law on Financing of Political Parties of Bosnia and Herzegovina, Art. 8(1)(e))
Is there a ban on anonymous donations to candidates? No. The anonymous-donor prohibition is extended by Article 18 only to independent candidates and lists of independent candidates, not to candidates generally. (Law on Financing of Political Parties of Bosnia and Herzegovina, Arts. 8(1)(e), 18)
Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? No. State, entity, cantonal, Brčko, city and municipal bodies, public institutions, and public enterprises may not finance political parties, but Article 18 extends this only to independent candidates and lists of independent candidates. (Law on Financing of Political Parties of Bosnia and Herzegovina, Arts. 8(1)(a)-(c), 18)
Is there a ban on any other form of donation? Yes. Contributions in cash or in kind through third persons (by proxy) are expressly prohibited. (Law on Financing of Political Parties of Bosnia and Herzegovina, Art. 8(6))
Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? Yes. Natural persons and legal entities are subject to annual contribution caps, and a member’s total annual payments including membership fees are separately capped. (Law on Financing of Political Parties of Bosnia and Herzegovina, Art. 6(3)-(5))
Is there a limit on the amount a donor can contribute to a political party in relation to an election? No. The law sets annual contribution caps, but it does not establish a separate election-specific donation limit for political parties. (Law on Financing of Political Parties of Bosnia and Herzegovina, Art. 6(3)-(5))
Is there a limit on the amount a donor can contribute to a candidate? No. The contribution-limit rules are extended by Article 18 only to independent candidates and lists of independent candidates, not to candidates generally. (Law on Financing of Political Parties of Bosnia and Herzegovina, Arts. 6(3)-(5), 18)

Public funding 

Eligibility criteria for direct public funding to political parties: Share of votes in previous election No. Eligibility is tied to representation and winning a mandate, not to a vote-share threshold. (Law on Financing of Political Parties of Bosnia and Herzegovina, Art. 7(1), 7(3)(a))
Eligibility criteria for direct public funding to political parties: Representation in elected body Yes. State-budget funding is for political parties represented in the Parliamentary Assembly of BiH. (Law on Financing of Political Parties of Bosnia and Herzegovina, Art. 7(1))
Eligibility criteria for direct public funding to political parties: Participation in election No. Mere participation in an election is not sufficient; the party must be represented in the Parliamentary Assembly. (Law on Financing of Political Parties of Bosnia and Herzegovina, Art. 7(1))
Eligibility criteria for direct public funding to political parties: Number of candidates No. No rule makes the number of candidates an eligibility criterion for direct public funding.
Eligibility criteria for direct public funding to political parties: Share of seats in previous election No. The law does not set a seat-share threshold as an eligibility criterion; it requires representation in the Parliamentary Assembly. (Law on Financing of Political Parties of Bosnia and Herzegovina, Art. 7(1))
Eligibility criteria for direct public funding to political parties: Share of votes in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Registration as a political party No. Registration is part of the general legal definition of a political party, but Article 7 does not make registration an express funding criterion. (Law on Financing of Political Parties of Bosnia and Herzegovina, Arts. 2, 7(1))
Eligibility criteria for direct public funding to political parties: Share of seats in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of members No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Other No. No other explicit eligibility criterion for political parties is stated beyond representation in the Parliamentary Assembly. (Law on Financing of Political Parties of Bosnia and Herzegovina, Art. 7(1))
Allocation calculations for direct public funding to political parties: Proportional to votes received No. Allocation is not based on votes received. (Law on Financing of Political Parties of Bosnia and Herzegovina, Art. 7(3))
Allocation calculations for direct public funding to political parties: Equal Yes. Thirty percent of the total amount is distributed equally to all political parties or coalitions that won a mandate. (Law on Financing of Political Parties of Bosnia and Herzegovina, Art. 7(3)(a))
Allocation calculations for direct public funding to political parties: Proportional to seats received Yes. Sixty percent of the total amount is distributed according to the number of delegates’ mandates held at the time of allocation. (Law on Financing of Political Parties of Bosnia and Herzegovina, Art. 7(3)(b))
Allocation calculations for direct public funding to political parties: Flat rate by votes received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Number of members No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Other No. The remaining 10% is allocated to parliamentary groups in proportion to seats of the less represented gender, not to political parties as such. (Law on Financing of Political Parties of Bosnia and Herzegovina, Art. 7(3)(c))
Earmarking provisions for direct public funding to political parties: Campaign spending No. State-budget funding exists, but the law does not earmark it specifically for campaign spending. It only provides that party funds may be used for objectives set in the party’s programme and statute. (Law on Financing of Political Parties of Bosnia and Herzegovina, Arts. 4(1), 7)
Earmarking provisions for direct public funding to political parties: Ongoing party activities No. The law finances political parties from public budgets, but it does not expressly earmark those funds for ongoing party activities as a distinct spending category. (Law on Financing of Political Parties of Bosnia and Herzegovina, Arts. 4(1), 7)
Earmarking provisions for direct public funding to political parties: Intra-party institution No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Other No. The law contains only a general rule that party funds may be used for objectives set in the party’s programme and statute, not another explicit earmarking rule. (Law on Financing of Political Parties of Bosnia and Herzegovina, Art. 4(1))
Allocation criteria for free or subsidized access to media for political parties: Equal No. The law requires public electronic media to present political subjects in an equal and fair manner, but it does not expressly state that free broadcast time is allocated equally. (Election Law of Bosnia and Herzegovina, Art. 16.14(1), (4))
Allocation criteria for free or subsidized access to media for political parties: Number of candidates No. The law does not specify the number of candidates as a criterion for allocating free or subsidized access to media. (Election Law of Bosnia and Herzegovina, Art. 16.14(4))
Allocation criteria for free or subsidized access to media for political parties: Share of seats No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Other Yes. The law leaves the allocation details to Central Election Commission regulations, including the amount of time, timing, duration, and geographic coverage of broadcasts. (Election Law of Bosnia and Herzegovina, Art. 16.14(4))
Are there provisions for free or subsidized access to media for candidates? No. Free broadcast time is granted to political subjects, not through a separate general entitlement framed for candidates as such. (Election Law of Bosnia and Herzegovina, Arts. 16.14(2), 16.15(2))
Provisions for any other form of indirect public funding: Premises for campaign meetings Yes. Use of premises occupied by public institutions, authorities, or public companies for pre-election campaigning is barred only where the same use is not guaranteed to other candidates and political subjects under the same terms and conditions. (Election Law of Bosnia and Herzegovina, Art. 7.2a(2)(c))
Provisions for any other form of indirect public funding: Space for campaign materials Yes. Campaign notices, placards, and posters may be displayed only in places designated for distribution of posters and advertising; display elsewhere on listed public sites is prohibited. (Election Law of Bosnia and Herzegovina, Art. 7.2(3))
Provisions for any other form of indirect public funding: Tax relief No. Absent from legal framework
Provisions for any other form of indirect public funding: Free or subsidised transport No. The law prohibits use of transport owned by public authorities and organizations free of charge or at reduced charges for campaigning activities. (Election Law of Bosnia and Herzegovina, Art. 7.2a(2)(e))
Provisions for any other form of indirect public funding: Free or subsidised postage cost No. Absent from legal framework
Provisions for any other form of indirect public funding: Other No. Absent from legal framework
Is the provision of direct public funding to political parties related to gender equality among candidates? No. A gender-related allocation rule exists for 10% of certain public funds, but it is tied to mandates held by the under-represented gender, not to gender equality among candidates. (Law on Financing of Political Parties of Bosnia and Herzegovina, Art. 7(3)(c))
Are there provisions for other financial advantages to encourage gender equality in political parties? Yes. Ten percent of the state-budget allocation is distributed to parliamentary groups proportionally according to the number of seats belonging to the under-represented gender. (Law on Financing of Political Parties of Bosnia and Herzegovina, Art. 7(3)(c), 7(5))

Regulations on spending 

Is there a ban on vote buying? Yes. Election rules prohibit promising financial rewards or other material gain to obtain voter support during the campaign. (Election Law of Bosnia and Herzegovina, Art. 7.3(1)(4))
Are there bans on state resources being used in favour or against a political party or candidate? No. The law contains narrower rules on equal access to public places/facilities and bans campaign materials on government and public-enterprise buildings, but no general explicit ban on use of state resources in favour of or against a party or candidate. (Election Law of Bosnia and Herzegovina, Arts. 7.2(1), 7.2(3))
Are there limits on the amount a political party can spend? Yes. A maximum amount may be spent on financing the election campaign, calculated per voter in the constituencies where the political entity has a candidate list. (Election Law of Bosnia and Herzegovina, Art. 15.10)
Are there limits on the amount a candidate can spend? No. The spending cap is framed for a 'political entity' in election campaigns and is not set out as an explicit limit for candidates generally. (Election Law of Bosnia and Herzegovina, Art. 15.10)

Reporting, oversight and sanctions 

Do political parties have to report regularly on their finances? Yes. Political parties must file a financial report for each calendar year and submit it by 31 March of the following year. (Law on Political Party Financing, Art. 12(1), 12(3))
Do political parties have to report on their finances in relation to election campaigns? Yes. Political parties must file a separate financial report for the election campaign period. (Law on Political Party Financing, Art. 12(2))
Do candidates have to report on their campaign finances? No. Campaign-finance reporting is expressly required for independent candidates, not for candidates generally. (Rulebook on pre-election and post-election financial statements and turnover statements of special accounts for financing election campaigns of independent candidates, Arts. 2-4)
Is information in reports from political parties and/​or candidates to be made public? Yes. The Central Election Commission must make reports public, and party and independent-candidate campaign reports are published on its website. (Law on Political Party Financing, Art. 13(5); Election Law of Bosnia and Herzegovina, Art. 15.5; Rulebook on pre-election and post-election financial statements of political parties, Art. 10; Rulebook on pre-election and post-election financial statements and turnover statements of special accounts for financing election campaigns of independent candidates, Art. 28)
Must reports from political parties and/​or candidates reveal the identity of donors? Yes. Election-campaign reports must identify the source of payments and in-kind contributions above 100 KM, and reporting forms separately list donors. (Election Law of Bosnia and Herzegovina, Art. 15.1(1)(3); Rulebook on pre-election and post-election financial statements of political parties, Art. 5(1)(c); Rulebook on pre-election and post-election financial statements and turnover statements of special accounts for financing election campaigns of independent candidates, Arts. 6-7)
Institutions receiving financial reports from political parties and/​or candidates: Electoral Management Board Yes. Political parties file annual and campaign reports with the Central Election Commission, and independent candidates file campaign reports with the same body. (Law on Political Party Financing, Art. 12(1)-(3); Election Law of Bosnia and Herzegovina, Art. 15.1(1); Rulebook on pre-election and post-election financial statements and turnover statements of special accounts for financing election campaigns of independent candidates, Art. 3)
Institutions receiving financial reports from political parties and/​or candidates: Auditing agency No. The Audit Office reviews and audits reports, but the filing obligation is to the Central Election Commission rather than directly to the Audit Office. (Law on Political Party Financing, Art. 12(1)-(3), 15(1); Rulebook on annual financial reports of political parties, Art. 29(2))
Institutions receiving financial reports from political parties and/​or candidates: Ministry No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Special institution No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Court No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Other No. Absent from legal framework
Is it specified that a particular institution(s) is responsible for examining financial reports and/​or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court No. Courts hear appeals, but no binding provision makes a court responsible for examining financial reports or investigating violations. (Law on Financing of Political Parties of Bosnia and Herzegovina, Art. 16; Election Law of Bosnia and Herzegovina, Art. 6.9)
Institution responsible for examining financial reports and/or investigating violations: Ministry No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Auditing agency Yes. The Audit Office is responsible for examining and controlling political parties’ financial reports and auditing party financing. (Law on Financing of Political Parties of Bosnia and Herzegovina, Art. 10(1))
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body Yes. The Central Election Commission investigates non-compliance, determines violations and imposes sanctions or administrative measures. (Law on Financing of Political Parties of Bosnia and Herzegovina, Art. 14(1)-(2); Election Law of Bosnia and Herzegovina, Art. 15.6(1)-(2))
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose No. The law establishes an Audit Office within the Central Election Commission, but not a separate standalone institution created specifically for political-finance oversight. (Law on Financing of Political Parties of Bosnia and Herzegovina, Art. 10(1))
Institution responsible for examining financial reports and/or investigating violations: Other No. Primary responsibility is expressly assigned to the Central Election Commission and its Audit Office, not to another type of institution. (Law on Financing of Political Parties of Bosnia and Herzegovina, Arts. 10(1), 14, 15; Election Law of Bosnia and Herzegovina, Art. 15.6)
Other institutions with a formal role in political finance oversight
Institutions with a formal role in political finance oversight: Court Yes. The Appellate Division of the Court of Bosnia and Herzegovina hears appeals against decisions of the Central Election Commission. (Election Law of Bosnia and Herzegovina, Art. 6.9(1))
Institutions with a formal role in political finance oversight: Ministry No. Absent from legal framework
Institutions with a formal role in political finance oversight: Auditing agency Yes. The Audit Office has a formal role in examining and auditing political parties’ financial reports. (Law on Financing of Political Parties of Bosnia and Herzegovina, Art. 10(1))
Institutions with a formal role in political finance oversight: EMB Yes. The Central Election Commission has formal powers to receive reports, investigate, determine violations and sanction non-compliance. (Law on Financing of Political Parties of Bosnia and Herzegovina, Arts. 12-15; Election Law of Bosnia and Herzegovina, Arts. 15.1, 15.6)
Institutions with a formal role in political finance oversight: Institution for this purpose No. The law does not create a separate external institution devoted solely to political-finance oversight. (Law on Financing of Political Parties of Bosnia and Herzegovina, Art. 10(1))
Institutions with a formal role in political finance oversight: Other Yes. The Appeal Council reviews appeals to Central Election Commission decisions, and media-regulatory bodies and the Press Council handle election-media complaints. (Law on Financing of Political Parties of Bosnia and Herzegovina, Art. 16; Election Law of Bosnia and Herzegovina, Arts. 16.16-16.17)
Sanctions for political finance infractions
Sanctions for political finance infractions: Fines Yes. The party-financing law and election law both provide pecuniary fines for political-finance violations. (Law on Financing of Political Parties of Bosnia and Herzegovina, Arts. 19-20; Election Law of Bosnia and Herzegovina, Arts. 19.9(1)(q)-(r), 19.10)
Sanctions for political finance infractions: Loss of public funding No. The binding provisions reviewed do not expressly provide loss of public funding as a sanction for political-finance infractions. (Law on Financing of Political Parties of Bosnia and Herzegovina, Arts. 19-20; Election Law of Bosnia and Herzegovina, Arts. 15.1(2)-(3), 19.9(1)(q)-(r))
Sanctions for political finance infractions: Penal/Criminal No. The party-financing and election-law provisions reviewed provide administrative and pecuniary sanctions, but no clear criminal sanction in the exact provisions used for political-finance enforcement. (Law on Financing of Political Parties of Bosnia and Herzegovina, Arts. 19-20; Election Law of Bosnia and Herzegovina, Arts. 19.9(1)(q)-(r), 19.10)
Sanctions for political finance infractions: Forfeiture Yes. Excess, anonymous and prohibited contributions must be paid to the Bosnia and Herzegovina budget, and violations can be sanctioned up to triple the amount received. (Law on Financing of Political Parties of Bosnia and Herzegovina, Arts. 8(7), 20)
Sanctions for political finance infractions: Deregistration of party No. Absent from legal framework
Sanctions for political finance infractions: Loss of elected office No. The law may prevent certification of an elected person’s mandate certificate for reporting failures, but it does not expressly provide loss of elected office as such. (Election Law of Bosnia and Herzegovina, Art. 15.1(3))
Sanctions for political finance infractions: Suspension of political party No. Absent from legal framework
Sanctions for political finance infractions: Loss of nomination of candidate No. The law may refuse certification of participation for a political party or independent candidate, but it does not expressly provide loss of nomination of a candidate. (Election Law of Bosnia and Herzegovina, Art. 15.1(2))
Sanctions for political finance infractions: Loss of political rights No. Absent from legal framework
Sanctions for political finance infractions: Other Yes. If access to party premises is denied during a detailed financial investigation, the party is treated as having failed to submit a report and loses the right to stand in the next election; reporting failures can also block certification. (Law on Financing of Political Parties of Bosnia and Herzegovina, Art. 10(8); Election Law of Bosnia and Herzegovina, Art. 15.1(2)-(3))

Legislation

*Last update: 2017


Financial Disclosure

haha lala

Quantitative Data

Primary Metric

201220152016201720202024Trend
Disclosure items22
Filing frequency0
Sanctions0
Monitoring and Oversight50
Public access to declarations0

Alternative Metric

201220152016201720202024Trend
Head of State14
Ministers14
Members of Parliament14
Civil servants14

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Disclosure items

Spouses and children included in disclosure No . Absence of legal framework
Income and Assets
Real estate No. Absence of legal framework
Movable assets No. Absence of legal framework
Cash No. Absence of legal framework
Loans and Debts No. Absence of legal framework
Incompatibilities
Gifts received as a public official Yes. General incompatibility regime exists for high-level officials. (Art 8, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Private firm ownership and/or stock holdings Yes. Ownership of private companies may constitute a conflict of interest. (Art 7, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Ownership of state-owned enterprises (SOEs) No. No explicit SOE category, but general conflict of interest rules apply. (Art 7, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Holding government contracts Yes. Holding contracts with public authorities is restricted. (Art 7 and 8, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Board member, advisor, or company officer of private firm Yes. Serving as board member or holding executive roles in private companies is restricted. (Art 5 and 7, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Post-employment No. Absence of legal framework
Simultaneously holding policy-making position and policy-executing position Yes. Simultaneous holding of incompatible public functions is restricted. (Art 5, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Participating in official decision-making processes that affect private interests Yes. Officials must abstain from decision-making in case of private interest. (Art 9, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Concurrent employment of family members in public sector No. Some indirect provisions on related persons and conflicts exist, but no explicit prohibition on concurrent employment of family members. (Art 6, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))

Filing frequency

Filing required upon taking office No . Absence of legal framework
Filing required upon leaving office No . Absence of legal framework
Filing required annually No . Absence of legal framework
Ad hoc filing required upon change in assets or conflicts of interest No. Ad hoc obligations may arise in case of conflict of interest (e.g. recusal), but not in the form of asset declarations. (Art 9, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No . Absence of legal framework
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No . Absence of legal framework
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Sanctions exist for violations of conflict of interest rules (e.g. failure to declare conflict), but not for false asset declarations. (Art 12 and 15, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))

Monitoring and Oversight

Depository body explicitly identified Yes. A specific body is designated for conflict of interest matters (Commission for Decision on Conflict of Interest). (Art 16, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Enforcement body explicitly identified Yes. The same Commission is responsible for enforcement. (Art 16, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Some agency assigned responsibility for verifying submission No. Absence of legal framework
Some agency assigned responsibility for verifying accuracy No. Absence of legal framework

Public access to declarations

Public availability No. Absence of legal framework
Timing of information release specified No. Absence of legal framework
Location(s) of access specified No. Absence of legal framework
Cost of access specified No. Absence of legal framework

Ministers

Disclosure items

Spouses and children included in disclosure No . Absence of legal framework
Income and Assets
Real estate No. Absence of legal framework
Movable assets No. Absence of legal framework
Cash No. Absence of legal framework
Loans and Debts No. Absence of legal framework
Incompatibilities
Gifts received as a public official Yes. General incompatibility regime exists for high-level officials. (Art 8, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Private firm ownership and/or stock holdings Yes. Ownership of private companies may constitute a conflict of interest. (Art 7, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Ownership of state-owned enterprises (SOEs) No. No explicit SOE category, but general conflict of interest rules apply. (Art 7, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Holding government contracts Yes. Holding contracts with public authorities is restricted. (Art 7 and 8, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Board member, advisor, or company officer of private firm Yes. Serving as board member or holding executive roles in private companies is restricted. (Art 5 and 7, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Post-employment No. Absence of legal framework
Simultaneously holding policy-making position and policy-executing position Yes. Simultaneous holding of incompatible public functions is restricted. (Art 5, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Participating in official decision-making processes that affect private interests Yes. Officials must abstain from decision-making in case of private interest. (Art 9, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Concurrent employment of family members in public sector No. Some indirect provisions on related persons and conflicts exist, but no explicit prohibition on concurrent employment of family members. (Art 6, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))

Filing frequency

Filing required upon taking office No . Absence of legal framework
Filing required upon leaving office No . Absence of legal framework
Filing required annually No . Absence of legal framework
Ad hoc filing required upon change in assets or conflicts of interest No. Ad hoc obligations may arise in case of conflict of interest (e.g. recusal), but not in the form of asset declarations. (Art 9, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No . Absence of legal framework
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No . Absence of legal framework
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Sanctions exist for violations of conflict of interest rules (e.g. failure to declare conflict), but not for false asset declarations. (Art 12 and 15, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))

Monitoring and Oversight

Depository body explicitly identified Yes. A specific body is designated for conflict of interest matters (Commission for Decision on Conflict of Interest). (Art 16, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Enforcement body explicitly identified Yes. The same Commission is responsible for enforcement. (Art 16, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Some agency assigned responsibility for verifying submission No. Absence of legal framework
Some agency assigned responsibility for verifying accuracy No. Absence of legal framework

Public access to declarations

Public availability No. Absence of legal framework
Timing of information release specified No. Absence of legal framework
Location(s) of access specified No. Absence of legal framework
Cost of access specified No. Absence of legal framework

Members of Parliament

Disclosure items

Spouses and children included in disclosure No . Absence of legal framework
Income and Assets
Real estate No. Absence of legal framework
Movable assets No. Absence of legal framework
Cash No. Absence of legal framework
Loans and Debts No. Absence of legal framework
Incompatibilities
Gifts received as a public official Yes. General incompatibility regime exists for high-level officials. (Art 8, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Private firm ownership and/or stock holdings Yes. Ownership of private companies may constitute a conflict of interest. (Art 7, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Ownership of state-owned enterprises (SOEs) No. No explicit SOE category, but general conflict of interest rules apply. (Art 7, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Holding government contracts Yes. Holding contracts with public authorities is restricted. (Art 7 and 8, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Board member, advisor, or company officer of private firm Yes. Serving as board member or holding executive roles in private companies is restricted. (Art 5 and 7, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Post-employment No. Absence of legal framework
Simultaneously holding policy-making position and policy-executing position Yes. Simultaneous holding of incompatible public functions is restricted. (Art 5, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Participating in official decision-making processes that affect private interests Yes. Officials must abstain from decision-making in case of private interest. (Art 9, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Concurrent employment of family members in public sector No. Some indirect provisions on related persons and conflicts exist, but no explicit prohibition on concurrent employment of family members. (Art 6, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))

Filing frequency

Filing required upon taking office No . Absence of legal framework
Filing required upon leaving office No . Absence of legal framework
Filing required annually No . Absence of legal framework
Ad hoc filing required upon change in assets or conflicts of interest No. Ad hoc obligations may arise in case of conflict of interest (e.g. recusal), but not in the form of asset declarations. (Art 9, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No . Absence of legal framework
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No . Absence of legal framework
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Sanctions exist for violations of conflict of interest rules (e.g. failure to declare conflict), but not for false asset declarations. (Art 12 and 15, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))

Monitoring and Oversight

Depository body explicitly identified Yes. A specific body is designated for conflict of interest matters (Commission for Decision on Conflict of Interest). (Art 16, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Enforcement body explicitly identified Yes. The same Commission is responsible for enforcement. (Art 16, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Some agency assigned responsibility for verifying submission No. Absence of legal framework
Some agency assigned responsibility for verifying accuracy No. Absence of legal framework

Public access to declarations

Public availability No. Absence of legal framework
Timing of information release specified No. Absence of legal framework
Location(s) of access specified No. Absence of legal framework
Cost of access specified No. Absence of legal framework

Civil servants

Disclosure items

Spouses and children included in disclosure No . Absence of legal framework
Income and Assets
Real estate No. Absence of legal framework
Movable assets No. Absence of legal framework
Cash No. Absence of legal framework
Loans and Debts No. Absence of legal framework
Incompatibilities
Gifts received as a public official Yes. General incompatibility regime exists for high-level officials. (Art 8, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Private firm ownership and/or stock holdings Yes. Ownership of private companies may constitute a conflict of interest. (Art 7, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Ownership of state-owned enterprises (SOEs) No. No explicit SOE category, but general conflict of interest rules apply. (Art 7, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Holding government contracts Yes. Holding contracts with public authorities is restricted. (Art 7 and 8, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Board member, advisor, or company officer of private firm Yes. Serving as board member or holding executive roles in private companies is restricted. (Art 5 and 7, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Post-employment No. Absence of legal framework
Simultaneously holding policy-making position and policy-executing position Yes. Simultaneous holding of incompatible public functions is restricted. (Art 5, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Participating in official decision-making processes that affect private interests Yes. Officials must abstain from decision-making in case of private interest. (Art 9, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Concurrent employment of family members in public sector No. Some indirect provisions on related persons and conflicts exist, but no explicit prohibition on concurrent employment of family members. (Art 6, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))

Filing frequency

Filing required upon taking office No . Absence of legal framework
Filing required upon leaving office No . Absence of legal framework
Filing required annually No . Absence of legal framework
Ad hoc filing required upon change in assets or conflicts of interest No. Ad hoc obligations may arise in case of conflict of interest (e.g. recusal), but not in the form of asset declarations. (Art 9, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No . Absence of legal framework
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No . Absence of legal framework
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Sanctions exist for violations of conflict of interest rules (e.g. failure to declare conflict), but not for false asset declarations. (Art 12 and 15, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))

Monitoring and Oversight

Depository body explicitly identified Yes. A specific body is designated for conflict of interest matters (Commission for Decision on Conflict of Interest). (Art 16, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Enforcement body explicitly identified Yes. The same Commission is responsible for enforcement. (Art 16, Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina (2002, amended 2013))
Some agency assigned responsibility for verifying submission No. Absence of legal framework
Some agency assigned responsibility for verifying accuracy No. Absence of legal framework

Public access to declarations

Public availability No. Absence of legal framework
Timing of information release specified No. Absence of legal framework
Location(s) of access specified No. Absence of legal framework
Cost of access specified No. Absence of legal framework

Legislation

*Last update: 2017


Conflict of Interest

haha lala

Quantitative Data

Primary Metric

201220152016201720202024Trend
Restrictions45
Sanctions58
Monitoring and Oversight100

Alternative Metric

201220152016201720202024Trend
Head of State72
Ministers72
Members of Parliament72
Civil servants54

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Restrictions

General restriction on conflict of interest Yes. Members of the Presidency are covered as holders of public office at state level, and the law imposes general duties of lawful, impartial, conscientious conduct and a duty not to place private interests above the public interest. (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Arts. 4, 5; Constitution of Bosnia and Herzegovina, Art. V)
Accepting gifts Yes. The law expressly bans accepting or requesting a gift or other benefit for performing a public function, and regulates gifts strictly; only gifts up to 300 KM may be kept without reporting. (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Arts. 14, 15)
Private firm ownership and/or stock holdings No. There is no blanket ban on all private-firm ownership or all shareholdings. The law only bans specified roles or financial interests in certain private enterprises, so the indicator is only partially true (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 7)
Ownership of state-owned enterprises (SOEs) No. The law bars membership or management roles in a public enterprise, but it does not impose a general ban on merely owning shares in a state-owned enterprise. (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 6(5))
Holding government contracts Yes. A holder of public office may not have a financial interest in a private enterprise that contracts with, or otherwise does business with, institutions financed from public budgets above the statutory threshold (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 7(2))
Board member, advisor, or company officer of private firm No. There is no blanket ban on serving as a board member, adviser, or company officer in any private firm. The prohibition is limited to specified roles in certain private enterprises, so it is not fully true as stated. (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 7(1)-(3))
Post-employment Yes. There is a one-year cooling-off rule after leaving office. It bars several forms of representation, contracting, employment, and business cooperation with the institution where the office-holder served (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 13)
Simultaneously holding policy-making position and policy-executing position No. The law says a holder of public office performs only one public function, but it also expressly allows exceptions where another law provides otherwise. Because of that legal qualification, the indicator is not fully true as a blanket rule (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 6(1)-(2))
Participating in official decision-making processes that affect private interests Yes. The law requires written notification of a possible conflict and forbids official action, discussion, or voting on matters connected with the office-holder’s personal financial interest or that of a related person. There is an exception for discussing and voting on laws and other general acts (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Arts. 9, 10)
Assisting family or friends in obtaining employment in public sector No. The law does not contain a stand-alone prohibition on helping family or friends obtain public-sector employment. It only bans promising employment or another right in exchange for a gift or promised gift (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 14(d))

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. The law expressly provides monetary fines for breaches of the conflict-of-interest rules. (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 35)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. The law also provides non-penal sanctions, including a warning, an initiative for dismissal, and a call to resign (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 35(1)(a), (c), (d))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. The conflict-of-interest law itself does not create a criminal penalty for violating these conduct rules. It only requires the Commission to notify the prosecutor if there is suspicion of a criminal offence (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 31(14); Art. 35)

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. A monitoring body is clearly specified. The Commission keeps and checks the register, answers inquiries, and provides training and information on rights and obligations under the law. (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 18; Art. 23(4), (8), (9))
Enforcement body specified (sanctions, hearings) Yes. An enforcement body is clearly specified. The Commission can open proceedings, determine whether a violation exists, and impose sanctions (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 23(2), (7); Art. 31; Art. 35)

Ministers

Restrictions

General restriction on conflict of interest Yes. State-level ministers are covered as public office holders, and the law requires them to act lawfully, conscientiously, impartially, and not place private interest above the public interest. (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Arts. 4, 5)
Accepting gifts Yes. Ministers are expressly prohibited from receiving or demanding gifts or other benefits for the exercise of office. Gifts are regulated, and only low-value gifts within the legal threshold may be retained without surrender (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Arts. 14, 15)
Private firm ownership and/or stock holdings No. There is no blanket ban on all private-firm ownership or all stockholdings. The law only prohibits specified roles or financial interests in certain private companies, so the statement is only partially true (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 7)
Ownership of state-owned enterprises (SOEs) No. The law bars serving on the management or supervisory bodies of a public enterprise, but it does not create a general ban on merely owning shares in a state-owned enterprise. (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 6(5))
Holding government contracts Yes. Ministers may not have a financial interest, including personal services, in a private company that contracts or otherwise does business with budget-funded public bodies above the legal threshold (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 7(2))
Board member, advisor, or company officer of private firm No. There is no universal prohibition on being a board member, adviser, or company officer in any private firm. The ban is limited to certain private companies defined by the law, so the statement is not fully true. (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 7(1)-(3))
Post-employment Yes. A one-year cooling-off period applies after leaving office. It covers representation, management or audit roles, contracts, business cooperation, and employment with entities linked to the minister’s former institution or its decisions. (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 13)
Simultaneously holding policy-making position and policy-executing position No. The law says a public office holder performs only one public office, but it expressly allows exceptions where another law provides otherwise. Because of that qualification, the statement is not fully true as a blanket rule (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 6(1)-(2))
Participating in official decision-making processes that affect private interests Yes. Ministers must notify the Commission in writing when a potential conflict arises and may not act, discuss, vote, or decide on a matter affecting their own or a connected person’s private interest. There is an exception for discussion and voting on laws and other general acts (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Arts. 9, 10)
Assisting family or friends in obtaining employment in public sector No. There is no stand-alone rule forbidding ministers from helping family or friends obtain public-sector employment. The law only prohibits promising or facilitating employment in exchange for a gift or promised gift (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 14(d))

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. The law expressly provides fines for violations. The Commission may impose a monetary penalty between BAM 1,000 and 20,000 (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 35(1)(b))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. The law also provides administrative-type sanctions short of criminal punishment, including a reprimand, an initiative for removal from office, and a call for resignation (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 35(1)(a), (c), (d))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. The conflict-of-interest law itself does not establish a criminal penalty for breach of these restrictions. It instead provides non-criminal sanctions and separate referral to prosecutors if a criminal offence is suspected (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 31(14); Art. 35)

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The Conflict of Interest Commission for the institutions at the level of Bosnia and Herzegovina maintains registers, checks declarations, responds to inquiries, and provides information and guidance for implementation of the law. (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 18; Art. 23(4), (8), (9))
Enforcement body specified (sanctions, hearings) Yes. The Conflict of Interest Commission for the institutions at the level of Bosnia and Herzegovina can open proceedings, decide whether a violation exists, and impose sanctions under the law. (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 23(2), (7); Art. 31; Art. 35)

Members of Parliament

Restrictions

General restriction on conflict of interest Yes. Members of the Parliamentary Assembly of Bosnia and Herzegovina are covered as public office holders, and the law requires them to exercise office lawfully, conscientiously, impartially, responsibly, and transparently, without placing private interest above the public interest. (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Arts. 1, 4, 5)
Accepting gifts Yes. Members of Parliament are prohibited from receiving or requesting a gift or other benefit in connection with the exercise of public office. Gifts are regulated, and only gifts within the statutory low-value threshold may be retained. (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Arts. 14, 15)
Private firm ownership and/or stock holdings No. There is no blanket ban on all ownership of private companies or all shareholdings. The law only prohibits specified functions or financial interests in certain private enterprises, so the restriction is only partial. (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 7)
Ownership of state-owned enterprises (SOEs) No. The law prohibits holding management or supervisory roles in a public enterprise, but it does not establish a general ban on merely owning shares in a state-owned enterprise. (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 6(5))
Holding government contracts Yes. Members of Parliament may not have a financial interest in a private enterprise that concludes contracts with, or otherwise does business with, institutions financed from public budgets above the legal threshold. (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 7(2))
Board member, advisor, or company officer of private firm No. There is no universal prohibition on serving as a board member, adviser, or company officer in any private firm. The prohibition is limited to specified private enterprises covered by the law, so the statement is only partially true. (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 7(1)-(3))
Post-employment Yes. A one-year cooling-off rule applies after leaving office. It covers representation, management or audit roles, contracts, employment, and business cooperation with entities linked to the former office-holder’s institution or its decisions. (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 13)
Simultaneously holding policy-making position and policy-executing position No. The law states that a public office holder performs only one public office, but it expressly allows exceptions where another law provides otherwise. Because of that qualification, the rule is not absolute. (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 6(1)-(2))
Participating in official decision-making processes that affect private interests Yes. Members of Parliament must report a potential conflict in writing and may not act, discuss, vote, or decide on a matter affecting their own private interest or that of a related person. The law makes an exception for discussion and voting on laws and other general acts. (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Arts. 9, 10)
Assisting family or friends in obtaining employment in public sector No. There is no stand-alone rule that generally forbids Members of Parliament from helping family or friends obtain public-sector employment. The law only prohibits promising employment or another right in exchange for a gift or promised gift. (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 14(d))

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. The law expressly provides fines for violations of the conflict-of-interest rules. (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 35(1)(b))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. The law also provides administrative-type sanctions, including a reprimand, an initiative for dismissal, and a call for resignation. (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 35(1)(a), (c), (d))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. The conflict-of-interest law does not itself create a criminal penalty for violating these restrictions. It instead provides non-criminal sanctions and requires notification of the prosecutor where there is suspicion of a criminal offence. (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 31(14); Art. 35)

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The Conflict of Interest Commission for the institutions at the level of Bosnia and Herzegovina is established as a permanent and independent body, and it keeps registers, checks reports, and provides information and guidance on the law. (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 18; Art. 23(4), (8), (9))
Enforcement body specified (sanctions, hearings) Yes. The Conflict of Interest Commission for the institutions at the level of Bosnia and Herzegovina can initiate proceedings, determine violations, and impose sanctions under the law. (Law on the Prevention of Conflict of Interest in the Institutions at the Level of Bosnia and Herzegovina, Art. 18; Art. 23(2), (7); Art. 31; Art. 35)

Civil servants

Restrictions

General restriction on conflict of interest Yes. Civil servants at state level are bound by general conflict-of-interest duties. The Law on Civil Service bars functions, activities, or positions that conflict with official duties, and the Code requires civil servants to prevent actual or potential conflicts (Law on Civil Service in the Institutions of Bosnia and Herzegovina, Art. 16; Code of Conduct of Civil Servants in the Institutions of Bosnia and Herzegovina, Arts. 5, 6)
Accepting gifts Yes. Civil servants may not accept gifts, services, or other benefits in performing their duties, except low-value protocol or occasional gifts under the applicable conflict-of-interest rules. (Code of Conduct of Civil Servants in the Institutions of Bosnia and Herzegovina, Art. 8)
Private firm ownership and/or stock holdings No. There is no blanket ban on owning private firms or holding shares. The legal framework only contains a general incompatibility rule and restrictions on additional paid activity, so the indicator is only partially true. (Law on Civil Service in the Institutions of Bosnia and Herzegovina, Art. 16)
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework
Holding government contracts No. Absent from legal framework
Board member, advisor, or company officer of private firm No. Civil servants are not under a blanket ban on being a board member, adviser, or company officer of a private firm. The law only prohibits outside functions that create a conflict of interest, and additional paid activity may be authorised. (Law on Civil Service in the Institutions of Bosnia and Herzegovina, Art. 16)
Post-employment Yes. For two years after leaving office, a civil servant may not work for, join, or receive income from an employer or company over which they regularly exercised supervision. (Law on Civil Service in the Institutions of Bosnia and Herzegovina, Art. 16(1)(b))
Simultaneously holding policy-making position and policy-executing position No. The law does not impose a blanket ban on simultaneously holding a policy-making and a policy-executing position. Most civil servants go on leave if appointed to legislative or executive office, but Senior Executive Managers and Assistant Ministers must resign instead, so the rule is not absolute in one form. (Law on Civil Service in the Institutions of Bosnia and Herzegovina, Art. 16(1)(c), (d))
Participating in official decision-making processes that affect private interests No. The framework contains general conflict-of-interest duties, but no clear stand-alone recusal rule for ordinary civil-service decision-making affecting private interests was identified. The explicit resignation rule in the Law on Civil Service concerns selection-committee members, not all civil servants in all decisions. (Law on Civil Service in the Institutions of Bosnia and Herzegovina, Art. 16; Art. 25(1), (3); Code of Conduct of Civil Servants in the Institutions of Bosnia and Herzegovina, Art. 6)
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. The civil-service disciplinary regime does not provide fines for these violations. The listed disciplinary sanctions are warning, reprimand, suspension-related measures, demotion, and dismissal. (Law on Civil Service in the Institutions of Bosnia and Herzegovina, Arts. 55, 56)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Administrative or disciplinary sanctions are expressly provided. These include written warning, written reprimand, suspension from competitions, punitive suspension of duties and salary, demotion, and dismissal. (Law on Civil Service in the Institutions of Bosnia and Herzegovina, Arts. 54, 55, 56)
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. The civil-service framework does not itself create a specific criminal sanction for violating conflict-of-interest or ethics restrictions. Criminal offences may also amount to breaches of duty, but that is not the same as a penal sanction created by this framework for the indicator itself. (Law on Civil Service in the Institutions of Bosnia and Herzegovina, Arts. 54, 57; Code of Conduct of Civil Servants in the Institutions of Bosnia and Herzegovina, Art. 17(2))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The Agency for Civil Service supports implementation of the civil-service system, assists institutions in human-resources policy, maintains a Central Registry of Personnel, and supports training; the head of each institution supervises implementation of the Code of Conduct. (Law on Civil Service in the Institutions of Bosnia and Herzegovina, Arts. 60, 61, 62; Code of Conduct of Civil Servants in the Institutions of Bosnia and Herzegovina, Art. 18)
Enforcement body specified (sanctions, hearings) Yes. The appointing authority and, in some cases, the Agency for Civil Service impose disciplinary measures, while the Civil Service Board reviews final decisions and actions under the law. (Law on Civil Service in the Institutions of Bosnia and Herzegovina, Arts. 55, 56, 63; Code of Conduct of Civil Servants in the Institutions of Bosnia and Herzegovina, Art. 17)

Legislation

*Last update: 2017


Freedom of Information

haha lala

Quantitative Data

Primary Metric

201220152016201720202024Trend
Scope and Coverage87
Information access and release88
Exceptions and Overrides83
Sanctions for non-compliance33
Monitoring and Oversight67

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

No qualitative data available.

Legislation

*Last update: 2017


Public Procurement

haha lala

Quantitative Data

Primary Metric

201220152016201720202024Trend
Scope100
Information availability32
Evaluation81
Open competition61
Institutional arrangements43

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope

Threshold - lowest PP

What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) KM 6,000. Below KM 6,000: direct agreement permitted; KM 6,000–50,000: competitive request (simplified procedure); above the upper threshold: full open/restricted/negotiated procedures with OJEU-equivalent publication. (PPL BiH 2014 (as amended 2022), Art. 14; sub-legal acts)
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) KM 6,000. Below KM 6,000: direct agreement; KM 6,000–80,000: competitive request; above KM 80,000 and below the upper threshold (KM 9,000,000 for works): open or restricted procedure required; above KM 9,000,000: full procedures. (PPL BiH 2014 (as amended 2022), Art. 14; sub-legal acts)
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) KM 6,000. Same structure as goods; legal services for lawyers (representation before courts/arbitration and related consultancy) were exempted from PPL application by the 2022 amendment; other services follow the standard KM 50,000 / KM 250,000/400,000/800,000 threshold structure. (PPL BiH 2014 (as amended 2022), Art. 10 and 14)

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) KM 50,000. General state-level contracting authorities: below KM 50,000 (goods/services) or KM 80,000 (works) – competitive request applicable; above KM 50,000/80,000 and below KM 250,000 (goods/services) or KM 9,000,000 (works): open/restricted/negotiated procedures with national publication required; above KM 250,000/9,000,000: full procedures with EJN portal publication. (PPL BiH 2014 (as amended 2022), Art. 14(2)(a))
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) KM 800,000. Sectoral contracting authorities (water, energy, transport, postal services) follow a higher upper threshold of KM 800,000 for goods/services; below this threshold, national procedures apply; above KM 800,000: full procedures with international-equivalent publication. (PPL BiH 2014 (as amended 2022), Arts. 5 and 14(2)(c))
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) KM 6,000. BiH has not adopted a separate law transposing Directive 2009/81/EC on defence and security procurement; defence procurement is generally subject to the standard PPL BiH framework with certain exemptions; the 2024 EU Progress Report identifies the absence of a transposition of Directive 2009/81/EC as a remaining gap. (PPL BiH 2014 (as amended 2022), Arts. 10 and 14; EU Progress Report 2024)

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) KM 6,000. Below KM 6,000: direct agreement; KM 6,000–50,000: competitive request; KM 50,000–upper threshold: open/restricted procedures with national publication; above upper threshold: full procedures with EJN publication. (PPL BiH 2014 (as amended 2022), Art. 14)
What are the minimum application thresholds for the procurement type? (Product type WORKS) KM 6,000. Below KM 6,000: direct agreement; KM 6,000–80,000: competitive request; KM 80,000–9,000,000: open/restricted procedures; above KM 9,000,000: full procedures with EJN publication. (PPL BiH 2014 (as amended 2022), Art. 14)
What are the minimum application thresholds for the procurement type? (Product type SERVICES) KM 6,000. Same structure as goods; following the 2022 amendment, legal services provided by lawyers in the context of court/arbitration proceedings are fully exempted from PPL application; other services follow the standard threshold structure. (PPL BiH 2014 (as amended 2022), Arts. 10 and 14)

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full? Yes. All tender documentation must be available exclusively downloadable from the EJN portal; clarifications are conducted through the portal; bidders are informed of received complaints through the portal; free and unrestricted electronic access applies. (PPL BiH 2014 (as amended 2022), Art. 47; sub-legal acts (Rulebook on Use of E-Procurement System))
Are any of these documents published online at a central place? Yes. E-Procurement / EJN portal: www.ejn.gov.ba; open data interface: https://next.ejn.gov.ba/en/open-data; Official Gazette of BiH for publication of award notices above threshold; EJN is the mandatory central platform for all procedures above the direct agreement threshold. (PPL BiH 2014 (as amended 2022), Arts. 47–52; sub-legal acts)
Is it mandatory to keep all of these records? -Public notices of bidding opportunities, -Bidding documents and addenda, -Bid opening records, -Bid evaluation reports, -Formal appeals by bidders and outcomes, -Final signed contract documents and addenda and amendments, -Claims and dispute resolutions, -Final payments, -Disbursement data (as required by the country’s financial management system) Yes. Procurement offices must keep all documents in connection with procurement procedures; mandatory records include: bidding notices, tender documents and addenda, bid opening records, evaluation reports, formal appeals and outcomes, signed contracts, amendments, final payments; sub-legal acts (including Rulebook on Procurement Officer) set out detailed retention obligations. (PPL BiH 2014 (as amended 2022); sub-legal acts (Rulebook on Procurement Officer))
Are contracts awarded within a framework agreement published (ie mini contracts)? No. Framework agreement call-off contracts (mini-contracts) are not individually published in the EJN portal; data on annual framework agreement awards are reported but mini-contracts individually are not published; this is identified as a transparency gap by the PPA and civil society; data on framework agreements (Annex II Part B) is available in the open data section of the EJN portal. (PPL BiH 2014 (as amended 2022), Arts. 32–36; EJN open data portal)

Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases? No. The PPL BiH requires the winning tenderer to state in the offer the part of the contract it intends to subcontract and the identity of known subcontractors; the contracting authority must verify that subcontractors meet the applicable qualification criteria; however, there is no general mandatory public publication of subcontractor names on the EJN portal; disclosure occurs contractually and within the procurement file. (PPL BiH 2014 (as amended 2022), Arts. 80–82)
If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)? For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column. 0%. There is no percentage threshold that triggers the disclosure obligation; all known subcontractors must be declared in the offer regardless of the proportion subcontracted. (PPL BiH 2014 (as amended 2022), Arts. 80–82)

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or brands in tender specification/call for tender? Yes. Technical specifications must not refer to a specific manufacturer, origin, process, trademark, patent, type, or place of production in a way that would favour or eliminate certain operators or products; such references are permissible only if justified by the subject of the contract and must be accompanied by "or equivalent"; aligned with EU practice. (PPL BiH 2014 (as amended 2022), Art. 54)
Is there a preferential treatment for small-to-medium enterprises (SMEs)? No. No explicit preferential treatment for SMEs exists in the PPL BiH; the 2022 amendment introduced a mandatory lot division obligation (contracting authorities must consider dividing contracts into lots where appropriate), which indirectly facilitates SME access; the Public Procurement Development Strategy 2024–2028 includes SME access as an objective; the open data portal aims to improve SME information access. (PPL BiH 2014 (as amended 2022), Art. 55; Strategy 2024–2028)
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) No. Principles of equal treatment, non-discrimination and open competition apply; the 2024 EU Report notes that elimination of preferential treatment for domestic suppliers has occurred; foreign bidders are entitled to equal treatment; the country's SAA with the EU requires equal treatment of EU bidders. (PPL BiH 2014 (as amended 2022), Art. 3; SAA)
Is there a specific set of rules for green/sustainable procurement? No. The PPL BiH does not include comprehensive mandatory green procurement provisions; environmental criteria may be included as award criteria but are not mandatory; the Public Procurement Development Strategy 2024–2028 includes green public procurement as an objective but without binding implementation obligations currently in force; BiH lags behind EU and Western Balkans peers in GPP. (PPL BiH 2014 (as amended 2022), Arts. 64–69; Strategy 2024–2028)

Bid evaluation

Are there restrictions on allowable grounds for tenderer exclusion? Yes. PPL BiH establishes mandatory exclusion grounds: final criminal conviction for organised crime, corruption, fraud, terrorist financing, money laundering; non-payment of taxes and social contributions; bankruptcy/insolvency; false information provided; the 2022 amendment significantly expanded exclusion grounds to align with EU Directive 2014/24/EU Article 57: added disqualification due to conflict of interest; anti-competitive agreements (bid rigging); grave professional misconduct; significant deficiencies in prior contract performance; participation in tender preparation creating uncorrectable competitive advantage. (PPL BiH 2014 (as amended 2022), Arts. 45–47)
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. No. Upon receiving an offer with an abnormally low price, the contracting authority must request clarification from the tenderer before excluding; exclusion is not automatic; the contracting authority may exclude a tenderer that cannot justify an abnormally low price, but this follows a procedural assessment step. (PPL BiH 2014 (as amended 2022), Art. 67)
Is scoring criteria published? Yes. Contracting authorities are required to publish award criteria and their relative weights in the tender documents from the date of notice publication; lowest price is still the most common criterion in practice (used in over 90% of cases according to the Open Procurement report); MEAT (most economically advantageous tender) is permitted but rarely used; the Strategy 2024–2028 targets a shift from lowest-price-only to MEAT. (PPL BiH 2014 (as amended 2022), Arts. 64–66; Strategy 2024–2028)
Are decisions always made by a committee? Yes. A Tender Evaluation Committee (Komisija za nabavke) must be established for each procurement procedure; the committee must consist of an odd number of members, minimum 3, who are employees of the contracting authority with professional expertise relevant to the subject of the contract; external experts may be engaged. (PPL BiH 2014 (as amended 2022), Art. 11)
Are there regulations on evaluation committee composition to prevent conflict of interest? Yes. PPL BiH 2014 includes explicit conflict-of-interest provisions; the 2022 amendment strengthened conflict-of-interest rules aligned with EU Directive 2014/24/EU, adding provisions on disqualification of bidders related to committee members; committee members must declare conflicts of interest and recuse themselves; contracting authorities must implement measures to prevent, detect and eliminate conflicts of interest; the new Rulebook on Procurement Officers (adopted after 2022 amendment) sets out specific obligations. (PPL BiH 2014 (as amended 2022), Arts. 11 and 25; Rulebook on Procurement Officers)
Is some part of evaluation committee mandatorily independent of contracting authority? No. There is no legal requirement for evaluation committee members to be independent of the contracting authority; members are generally officials of the contracting authority; external experts may be co-opted but are not mandatory. (PPL BiH 2014 (as amended 2022), Art. 11)
Are scoring results publicly available? Yes. The contracting authority must publish the award decision and notify all tenderers; the award decision must contain the reasons for the ranking and the score/price of each evaluated tender; the EJN portal publishes award notices including the name and address of the successful tenderer and the contract value; detailed scoring breakdowns are accessible to tenderers but not always fully visible to the public through the EJN portal. (PPL BiH 2014 (as amended 2022), Arts. 71–73; EJN portal)
Does the law specify under which conditions the tender can be cancelled? Yes. The contracting authority may cancel a procurement procedure before the contract award if: no offer was received; no offer is acceptable; fundamental circumstances have changed; the procedure is vitiated by essential errors; there are overriding public interest grounds; the cancellation decision must be published in the EJN portal and communicated to all tenderers with reasons. (PPL BiH 2014 (as amended 2022), Art. 52)

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders? Yes. EJN e-Procurement Portal: www.ejn.gov.ba; Official Gazette of BiH for above-threshold procedures; publication in EJN is mandatory for all procedures above the direct agreement threshold; below-threshold direct agreements are reported but not necessarily published with a prior notice. (PPL BiH 2014 (as amended 2022), Arts. 47–50)
Does the law specify the location for publicizing restricted calls for tenders? Yes. EJN portal: www.ejn.gov.ba; same publication requirements as for open procedures; the restricted procedure is less commonly used in practice (0.04% of 2023 procedures per PPA data). (PPL BiH 2014 (as amended 2022), Arts. 47–50)
Does the law specify the location for publicizing negotiated calls for tenders? Yes. EJN portal: www.ejn.gov.ba (for negotiated procedures with publication of notice); negotiated procedures without prior publication notice must also be reported on the EJN portal after award; the 2022 amendment reduced the scope for negotiated procedures without prior publication. (PPL BiH 2014 (as amended 2022), Arts. 47–50)

Minimum # of bidders

What is the minimum number of bidders for restricted procedures? 3. The minimum number of candidates invited in the restricted procedure is 3. (PPL BiH 2014 (as amended 2022), Art. 28)
What is the minimum number of bidders for negotiated procedures? 3. The minimum number of candidates for the negotiated procedure with prior publication is 3. (PPL BiH 2014 (as amended 2022), Art. 30)
What is the minimum number of bidders for competitive dialogue procedures? 3. The minimum number of participants in competitive dialogue is 3. (PPL BiH 2014 (as amended 2022), Art. 35)

Bidding period length

What are the minimum number of days for open procedures? 15. For open procedures below the upper threshold: minimum 15 days from publication of the tender notice to deadline for offers; for open procedures above the upper threshold (international-level): minimum 40 days; for urgent cases: reduced time limits per PPL provisions. (PPL BiH 2014 (as amended 2022), Arts. 58–60)
What are the minimum number of days for restricted procedures? 25. Minimum 25 days for submission of requests to participate; minimum 40 days from invitation to tender for submission of offers (above upper threshold). (PPL BiH 2014 (as amended 2022), Arts. 61–62)
What are the minimum number of days for competitive negotiated procedures? 25. Minimum 25 days for submission of requests to participate in the negotiated procedure with prior publication; offer deadlines negotiated with participants. (PPL BiH 2014 (as amended 2022), Arts. 30 and 63)

Institutional arrangements

Institutions and regulations

Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Yes. The PPL BiH does not apply to: (1) contracts awarded between contracting authorities (in-house and inter-authority, partially; the 2022 amendment introduced clearer in-house provisions aligned with EU Directive Art. 12); (2) contracts awarded under specific international agreement procedures; (3) contracts in the field of defence and security meeting specific criteria (Art. 10); (4) legal services provided by lawyers in the context of court/arbitration proceedings (newly exempted by the 2022 amendment); (5) financial services (certain categories); (6) R&D services where the contracting authority does not exclusively benefit; (7) employment contracts; (8) civil defence/protection services; (9) certain broadcasting services; (10) contracts below the direct agreement threshold (KM 6,000). (PPL BiH 2014 (as amended 2022), Arts. 3, 4a, 4b and 10)
Does the law specify the main types of institutions that must apply the public procurement law? Yes. The PPL BiH applies to: (a) state authorities (bodies of the Presidency, Council of Ministers BiH, Parliamentary Assembly, state-level ministries and administrative bodies); (b) entities of the Federation of BiH, Republika Srpska and Brčko District and their bodies; (c) local self-government units; (d) legal persons established for general interest purposes that are financed/controlled by contracting authorities; (e) sectoral contracting authorities in water, energy, transport and telecommunications sectors; as of 31 March 2024, 3,067 contracting authorities are registered on the EJN e-procurement system. (PPL BiH 2014 (as amended 2022), Arts. 4–5)
Does the law specify the main procedure types or procurement methods permitted? Yes. Open procedure; Restricted procedure; Negotiated procedure with prior publication; Negotiated procedure without prior publication; Competitive request for quotation; Direct agreement; Competitive dialogue; Design contest; Innovation partnership is not yet introduced (identified as a remaining gap vs EU Directive 2014/24/EU by the Open Procurement report); the 2022 amendment reduced the scope for using negotiated procedures without prior publication. (PPL BiH 2014 (as amended 2022), Arts. 26–40)
Is there a procurement arbitration court dedicated to public procurement cases? Yes. BiH has a three-stage review mechanism: (1) first-stage review by the contracting authority itself (within 5 days of receiving the appeal, the contracting authority reviews timeliness, admissibility and locus standi); (2) second-stage review by the Procurement Review Body of BiH (PRB / Ured za razmatranje žalbi BiH) – the independent administrative review body competent to decide on appeals; (3) third-stage review before the Court of Bosnia and Herzegovina (Apelacioni odjel Suda BiH); Law No. 50/2024 introduced improvements to legal protection mechanisms; a UNDP/OGP monitoring report notes significant performance challenges at PRB including delays in decision-making, with one case taking 175 days. (PPL BiH 2014 (as amended 2022), Arts. 99–121; Law No. 50/2024)
Is there a procurement regulatory body dedicated to public procurement? Yes. The Public Procurement Agency of BiH (PPA / Agencija za javne nabavke BiH) (www.javnenabavke.gov.ba) is the central regulatory and supervisory body, subordinate to the Council of Ministers of BiH; the PPA manages the EJN portal, develops sub-legal acts, publishes standard model tender documents, provides training and annual reports; as of May 2023, the PPA had only 21 employees out of 32 systematised positions (13 procurement officers) – a critical understaffing issue documented by UNDP and OECD; a UNDP-PPA MoU was signed in June Dec. 2024 to support the drafting of a new PPL and implementing the Strategy 2024–2028. (PPL BiH 2014 (as amended 2022), Arts. 122–129; Strategy 2024–2028)
Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)? Yes. The 2022 amendment introduced detailed provisions on Procurement Officers (Službenici za nabavke): contracting authorities must designate certified procurement officers for conducting procurement procedures; the PPA manages the certification programme and the register of certified procurement officers; this is one of the most significant practical innovations of the 2022 amendment. (PPL BiH 2014 (as amended 2022), Arts. 8a–8d; Rulebook on Procurement Officers)
Is disclosure of final, beneficial owners required for placing a bid? No. The PPL BiH does not require beneficial owner disclosure as a precondition for placing a bid; BiH's Anti-Money Laundering Act requires beneficial ownership registration, but this is not linked to procurement eligibility in the PPL; the Strategy 2024–2028 includes beneficial ownership transparency as an objective for the new PPL. (PPL BiH 2014 (as amended 2022); Strategy 2024–2028)

Complaints

Is there a fee for arbitration procedure? Yes. The appellant must pay an administrative fee for initiating review proceedings before the PRB, on a graduated scale: (a) KM 500 (~EUR 256) for procurement value up to KM 50,000; (b) KM 2,500 (~EUR 1,278) for KM 50,001–250,000; (c) KM 5,000 (~EUR 2,556) for KM 250,001–800,000; (d) KM 7,500 (~EUR 3,835) for KM 800,001–9,000,000; (e) KM 10,000 (~EUR 5,113) for KM 9,000,001 and above; the fee is reimbursed if the appeal is upheld; Law No. 50/2024 introduced adjustments to the legal protection mechanism. (PPL BiH 2014 (as amended 2022), Art. 108; Law No. 50/2024)
Is there a ban on contract signature until arbitration court decision (first instance court)? Yes. At the first stage (contracting authority review): no automatic suspension; the contracting authority may or may not suspend the procedure; at the second stage (PRB): an automatic suspension of the procurement procedure applies from the date of filing of the appeal with the PRB until its decision; the contracting authority may not conclude a contract during PRB proceedings; this automatic suspension is a key protection for tenderers. (PPL BiH 2014 (as amended 2022), Arts. 104 and 111; World Bank data)
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? 15. The PRB must adopt a conclusion or decision within 15 days from the completion of the contracting authority's submission to the PRB, but no later than 30 days from the date of receipt of the appeal by the PRB; a 2024 civil society monitoring report documents significant delays in practice, with one case taking 175 days; the Strategy 2024–2028 and Law No. 50/2024 target improved PRB performance. (PPL BiH 2014 (as amended 2022), Art. 111; Law No. 50/2024)
Is there a requirement to publicly release arbitration court decisions ? Yes. The PRB is required to publish its decisions; decisions are accessible on the PRB website (www.jnprs.org / complaint decisions section); the EJN portal informs registered bidders of received complaints through the portal notification system; Law No. 50/2024 strengthened publication obligations for legal protection decisions. (PPL BiH 2014 (as amended 2022), Arts. 116–118; Law No. 50/2024)

Legislation

Law on Amendments to the Law on Public Procurement (Official Gazette of BiH No. 50/2024)missing file:
Law on Amendments to the Law on Public Procurement (Official Gazette of BiH No. 59/2022)missing file:
Law on Public Procurement (Official Gazette of BiH No. 39/2014)missing file:

*Last update: 2017


Anti Money Laundering

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Quantitative Data

Primary Metric

201220152016201720202024Trend
Risk-based approach33
Sanctions for natural persons100
Sanctions for legal persons100
Pecuniary sanctions for obliged entities80
Beneficial ownership of legal persons and legal arrangements0
Supervision of obliged entities100
Financial Intelligence Units (FIUs)100
Mutual legal assistance (MLA) and International Cooperation100

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Country score

Risk-based approach

Each Member State shall be legally required to prepare a national risk assessment that outlines appropriate steps to identify, assess, understand and mitigate the risks of money laundering and terrorist financing affecting it. Yes. ee) "money laundering and terrorist financing risk assessment in BiH" means a comprehensive analysis, prepared in accordance with this Law, which examines the risks of money laundering and terrorist financing in BiH; (Article 4 ee), Law no. 13/2024 on prevention of money laundering and financing of terrorist activities)
Member states shall be legally required to keep the national risk assessment up to date and review it at least every 4 years. No. Absent from legal framework (Absent from legal framework)
Member states should legally designate an authority or mechanism to co-ordinate actions to assess risks. No. Absent from legal framework (Absent from legal framework)

Sanctions for natural persons

The following conduct, when committed intentionally, is punishable as a criminal offence: the conversion or transfer of property, knowing that such property is derived from criminal activity, for the purpose of concealing or disguising the illicit origin of the property or of assisting any person who is involved in the commission of such an activity to evade the legal consequences of that person’s action; Yes. (1) Whoever receives, exchanges, holds, disposes of, uses in a business or other transaction, converts or transfers money or other property that he knows to have been obtained through the commission of a criminal offense, or otherwise conceals or attempts to conceal its nature, source, location, disposition, movement, ownership or other right, and such money or property was obtained through the commission of a criminal offense: a) abroad or on the territory of the entire Bosnia and Herzegovina or on the territory of two entities or on the territory of one entity and the Brčko District of Bosnia and Herzegovina; or b) which is prescribed by the Criminal Code of Bosnia and Herzegovina or other law at the state level, shall be punished by imprisonment for a term of one to eight years. (Article 209 (1) of the Criminal Code)
The following conduct, when committed intentionally, is punishable as a criminal offence: the concealment or disguise of the true nature, source, location, disposition, movement, rights with respect to, or ownership of, property, knowing that such property is derived from criminal activity; Yes. (1) Whoever receives, exchanges, holds, disposes of, uses in a business or other transaction, converts or transfers money or other property that he knows to have been obtained through the commission of a criminal offense, or otherwise conceals or attempts to conceal its nature, source, location, disposition, movement, ownership or other right, and such money or property was obtained through the commission of a criminal offense: a) abroad or on the territory of the entire Bosnia and Herzegovina or on the territory of two entities or on the territory of one entity and the Brčko District of Bosnia and Herzegovina; or b) which is prescribed by the Criminal Code of Bosnia and Herzegovina or other law at the state level, shall be punished by imprisonment for a term of one to eight years. (Article 209 (1) of the Criminal Code)
The following conduct, when committed intentionally, is punishable as a criminal offence: the acquisition, possession or use of property, knowing at the time of receipt, that such property was derived from criminal activity. Yes. (1) Whoever receives, exchanges, holds, disposes of, uses in a business or other transaction, converts or transfers money or other property that he knows to have been obtained through the commission of a criminal offense, or otherwise conceals or attempts to conceal its nature, source, location, disposition, movement, ownership or other right, and such money or property was obtained through the commission of a criminal offense: a) abroad or on the territory of the entire Bosnia and Herzegovina or on the territory of two entities or on the territory of one entity and the Brčko District of Bosnia and Herzegovina; or b) which is prescribed by the Criminal Code of Bosnia and Herzegovina or other law at the state level, shall be punished by imprisonment for a term of one to eight years. (Article 209 (1) of the Criminal Code)
Aiding and abetting, inciting and attempting a money laundering offence is punishable as a criminal offence. Yes. (1) Whoever intentionally begins the commission of a criminal offense, but does not complete it, shall be punished for an attempted criminal offense if that criminal offense is punishable by three years of imprisonment or a more severe punishment, and for an attempted criminal offense when the law expressly prescribes punishment for an attempt. (2) The perpetrator of an attempted criminal offense shall be punished within the limits of the punishment prescribed for that criminal offense, and may be punished more leniently. //// Article 31 (1) Whoever intentionally assists another in committing a criminal offense shall be punished as if he had committed it himself, and may be punished more leniently. (2) The following shall be considered as aiding in the commission of a criminal offence: giving advice or instructions on how to commit a criminal offence, making available to the perpetrator the means for committing a criminal offence, removing obstacles to committing a criminal offence, and promising in advance to conceal the criminal offence, the perpetrators, the means by which the criminal offence was committed, traces of the criminal offence or objects obtained through the criminal offence. (Article 26 and 31 of the Criminal Code)
Money laundering offences are punishable by a maximum term of imprisonment of at least four years. Yes. (1) Whoever receives, exchanges, holds, disposes of, uses in a business or other transaction, converts or transfers money or other property that he knows to have been obtained through the commission of a criminal offense, or otherwise conceals or attempts to conceal its nature, source, location, disposition, movement, ownership or other right, and such money or property was obtained through the commission of a criminal offense: a) abroad or on the territory of the entire Bosnia and Herzegovina or on the territory of two entities or on the territory of one entity and the Brčko District of Bosnia and Herzegovina; or b) which is prescribed by the Criminal Code of Bosnia and Herzegovina or other law at the state level, shall be punished by imprisonment for a term of one to eight years. (2) If the perpetrator of the offense referred to in paragraph (1) of this Article is simultaneously a perpetrator or accomplice in the criminal offense by which the money or property gain referred to in the previous paragraph was obtained, he shall be punished by imprisonment for one to ten years. (3) If the value of the money or property gain referred to in paragraph 1 of this Article exceeds 200,000 KM, the perpetrator shall be punished by imprisonment for a term of at least three years. (4) If, when committing the criminal offense referred to in paragraphs 1. d) and 2. of this Article, the perpetrator acted negligently in relation to the fact that the money or material gain was obtained through a criminal offense, he shall be punished by a fine or imprisonment for a term not exceeding three years. (5) Money, property gain, income, profit or other benefit from property gain obtained through the criminal offense referred to in paragraphs (1) to (4) of this Article shall be confiscated. (6) Knowledge, intent or purpose as elements of the criminal act referred to in paragraph (1) of this Article may be assessed on the basis of objective factual circumstances. (Article 209 of the Criminal Code)
A prior or simultaneous conviction for the criminal activity from which the property was derived is not a prerequisite for a conviction for money laundering offences Yes. (1) Whoever receives, exchanges, holds, disposes of, uses in a business or other transaction, converts or transfers money or other property that he knows to have been obtained through the commission of a criminal offense, or otherwise conceals or attempts to conceal its nature, source, location, disposition, movement, ownership or other right, and such money or property was obtained through the commission of a criminal offense: a) abroad or on the territory of the entire Bosnia and Herzegovina or on the territory of two entities or on the territory of one entity and the Brčko District of Bosnia and Herzegovina; or b) which is prescribed by the Criminal Code of Bosnia and Herzegovina or other law at the state level, shall be punished by imprisonment for a term of one to eight years. (2) If the perpetrator of the offense referred to in paragraph (1) of this Article is simultaneously a perpetrator or accomplice in the criminal offense by which the money or property gain referred to in the previous paragraph was obtained, he shall be punished by imprisonment for one to ten years. (3) If the value of the money or property gain referred to in paragraph 1 of this Article exceeds 200,000 KM, the perpetrator shall be punished by imprisonment for a term of at least three years. (4) If, when committing the criminal offense referred to in paragraphs 1. d) and 2. of this Article, the perpetrator acted negligently in relation to the fact that the money or material gain was obtained through a criminal offense, he shall be punished by a fine or imprisonment for a term not exceeding three years. (5) Money, property gain, income, profit or other benefit from property gain obtained through the criminal offense referred to in paragraphs (1) to (4) of this Article shall be confiscated. (6) Knowledge, intent or purpose as elements of the criminal act referred to in paragraph (1) of this Article may be assessed on the basis of objective factual circumstances. (Article 209 of the Criminal Code)
A conviction for money laundering offences is possible where it is established that the property was derived from a criminal activity, without it being necessary to establish all the factual elements or all circumstances relating to that criminal activity, including the identity of the perpetrator; Yes. (1) Whoever receives, exchanges, holds, disposes of, uses in a business or other transaction, converts or transfers money or other property that he knows to have been obtained through the commission of a criminal offense, or otherwise conceals or attempts to conceal its nature, source, location, disposition, movement, ownership or other right, and such money or property was obtained through the commission of a criminal offense: a) abroad or on the territory of the entire Bosnia and Herzegovina or on the territory of two entities or on the territory of one entity and the Brčko District of Bosnia and Herzegovina; or b) which is prescribed by the Criminal Code of Bosnia and Herzegovina or other law at the state level, shall be punished by imprisonment for a term of one to eight years. (2) If the perpetrator of the offense referred to in paragraph (1) of this Article is simultaneously a perpetrator or accomplice in the criminal offense by which the money or property gain referred to in the previous paragraph was obtained, he shall be punished by imprisonment for one to ten years. (3) If the value of the money or property gain referred to in paragraph 1 of this Article exceeds 200,000 KM, the perpetrator shall be punished by imprisonment for a term of at least three years. (4) If, when committing the criminal offense referred to in paragraphs 1. d) and 2. of this Article, the perpetrator acted negligently in relation to the fact that the money or material gain was obtained through a criminal offense, he shall be punished by a fine or imprisonment for a term not exceeding three years. (5) Money, property gain, income, profit or other benefit from property gain obtained through the criminal offense referred to in paragraphs (1) to (4) of this Article shall be confiscated. (6) Knowledge, intent or purpose as elements of the criminal act referred to in paragraph (1) of this Article may be assessed on the basis of objective factual circumstances. (Article 209 of the Criminal Code)

Sanctions for legal persons

Legal persons can be held liable for the breaches of Regulation (EU) 2024/1624 or Regulation (EU) 2023/1113 committed on their behalf or for their benefit by any person, acting individually or as part of a body of that legal person and having a leading position within that legal person, based on any of the following: a power to represent the legal person; an authority to take decisions on behalf of the legal person; an authority to exercise control within the legal person. Yes. (1) This Chapter of this Law prescribes the liability of a legal person, excluding Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina, Republika Srpska, the Brčko District of Bosnia and Herzegovina, a canton, city, municipality and local community, for a criminal offence committed by the perpetrator in the name, on behalf of or for the benefit of the legal person. (2) This Chapter of this Law prescribes the penalties and other criminal sanctions that may be imposed on a legal person, as well as the legal consequences of a conviction of a legal person for a criminal offense. (3) Under conditions prescribed by law, the application of certain penalties or other criminal sanctions that may be imposed on legal persons may be excluded or limited for certain legal persons. (4) Criminal proceedings against legal entities shall be conducted in accordance with the provisions of the Criminal Procedure Code of Bosnia and Herzegovina. (Article 123 of the Criminal Code)
Legal persons can be held liable where the lack of supervision or control has made possible the commission of any money laundering offences for the benefit of that legal person by a person under its authority. Yes. (1) This Chapter of this Law prescribes the liability of a legal person, excluding Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina, Republika Srpska, the Brčko District of Bosnia and Herzegovina, a canton, city, municipality and local community, for a criminal offence committed by the perpetrator in the name, on behalf of or for the benefit of the legal person. (2) This Chapter of this Law prescribes the penalties and other criminal sanctions that may be imposed on a legal person, as well as the legal consequences of a conviction of a legal person for a criminal offense. (3) Under conditions prescribed by law, the application of certain penalties or other criminal sanctions that may be imposed on legal persons may be excluded or limited for certain legal persons. (4) Criminal proceedings against legal entities shall be conducted in accordance with the provisions of the Criminal Procedure Code of Bosnia and Herzegovina. (Article 123 of the Criminal Code)
Legal persons held liable are punishable by criminal or non-criminal fines. Yes. The following penalties may be imposed on legal entities for criminal offenses: a) fine; b) penalty of confiscation of property; c) penalty of termination of legal entity. (Article 131 of the Criminal Code)
Legal persons held liable are punishable by other sanctions, such as: exclusion from entitlement to public benefits or aid; temporary or permanent exclusion from access to public funding, including tender procedures, grants and concessions; temporary or permanent disqualification from the practice of commercial activities; placing under judicial supervision; a judicial winding-up order; temporary or permanent closure of establishments which have been used for committing the offence. Yes. (1) The legal consequences of a conviction of a legal person for a criminal offense are: a) prohibition of work based on a permit, authorization or concession issued by the authorities of a foreign country b) prohibition of work based on a permit, authorization or concession issued by the institutions of Bosnia and Herzegovina. (2) The legal consequences of a conviction of a legal entity for a criminal offense may also occur when the legal entity is fined for the committed criminal offense. (Article 141 of the Criminal Code)

Pecuniary sanctions for obliged entities

In the event of a breach of Regulations (EU) 2024/1624 and (EU) 2023/1113, where obligations apply to legal persons, pecuniary sanctions can be imposed and administrative measures can be applied not only to the legal person, but also to the senior management and to other natural persons who under national law are responsible for the breach. Yes. Article 100 (Sanctioning legal persons and responsible persons in legal persons for breaches) (1) A fine ranging from KM 5,000 to KM 20,000 shall be imposed on the legal persons referred to in Article 5 of this Law for the following breaches: a) If they fail to develop the appropriate policies and procedures referred to in Article 9 paragraph (3) of this Law; b) If they fail to align the risk assessment in accordance with Article 10 paragraphs (6) and (7) of this Law; c) If they fail to draw up notes on receipt of the verbal orders from the FID in accordance with Article 67 paragraph (2) and Article 68 paragraph (3) of this Law; d) If they fail to appoint the authorized persons or notify the FID of such appointments in accordance with the provisions of Article 48 of this Law; e) If they fail to draw up the list of indicators for identifying suspicious transactions within the prescribed period or in the prescribed manner in accordance with the provisions of Article 57 of this Law. (2) A fine ranging from KM 20,000 to KM 80,000 shall be imposed on the legal persons or the persons performing professional activities referred to in Article 5 of this Law for the following breaches: a) If they fail to produce the risk assessment in accordance with Article 10 paragraph (1) of this Law; b) If they fail to implement the customer due diligence measures in accordance with Articles 11 and 12 of this Law; c) If they fail to collect the data for identification in accordance with the provisions of Article 15 of this Law or fail to establish and verify the identity in the manner and in the cases laid down in Articles 16, 17, 18, 19 and 20 of this Law; d) If they fail to verify the identity of the customer and the beneficial owner within the period laid down in Article 14 paragraphs (1), (2) and (3) of this Law; e) If they fail to establish and verify the identity of the customer in accordance with the provisions of Articles 21 and 22 of this Law; f) If they fail to obtain data and documents from the third party in accordance with the provisions of Article 25 of this Law; g) If they apply simplified customer due diligence measures contrary to the provisions of Article 30 of this Law; h) When establishing a correspondent business relationship, if they fail to implement the measures laid down in the provisions of Article 31 of this Law; i) If they fail to implement the measures laid down in Article 32 of this Law; j) When carrying out an unusual transaction, if they fail to implement the measures laid down in Article 33 of this Law; k) If they fail to implement customer due diligence measures for politically exposed persons in accordance with Article 34 of this Law; l) When carrying out electronic transfers, if they fail to implement the measures in accordance with the provisions of Articles 37 and 38 of this Law; m) If they fail to secure implementation of the measures laid down in Article 50 of this Law; n) If they fail to act in accordance with Article 51 of this Law; o) If they fail to implement the measures laid down in the provisions of Article 52 of this Law; p) If they fail to act in accordance with Article 53 of this Law; r) If they fail to keep the records referred to in Articles 59 and 60 of this Law and if their records do not contain the minimum information referred to in Article 61 of this Law; s) If they fail to secure implementation of the measures and procedures laid down in Article 89 of this Law; t) If they fail to retain the information, data and documentation in accordance with the provisions of Article 92 paragraphs (1) and (2) of this Law; u) If they entrust the position of the authorized person and the deputy authorized person to a person that does not meet the requirements referred to in Article 49 paragraph (1) points a) through c) of this Law; v) If they fail to act in accordance with the provisions of Article 54 of this Law. (3) A fine ranging from KM 50,000 to KM 200,000 shall be imposed on the legal persons referred to in Article 5 of this Law for the following breaches: a) If they fail to collect the data referred to in Article 15 of this Law when carrying out the transaction referred to in Article 12, paragraph (1) point b) of this Law, without a previously established business relationship; b) If they fail to implement customer due diligence measures or they fail to reject establishing the business relationship and carrying out the transaction in accordance with the provisions of Article 14 paragraphs (4) and (5) of this Law; c) If they carry out identification relying on a on third party contrary to the provisions of Articles 23 and 24 of this Law; d) If they establish a business relationship contrary to the provisions of Article 26 of this Law; e) If they fail to monitor the business activities pursued by the customer in accordance with the provisions of Article 27 of this Law; f) If they fail to implement enhanced customer due diligence measures in accordance with Article 29 of this Law; g) If they fail to implement enhanced customer due diligence measures in accordance with the provisions of Article 35 of this Law; h) If they fail to apply the restrictions on cash payments in accordance with the provisions of Article 41 paragraphs (5) and (7) of this Law; i) If they fail to notify the FID or submit to the FID the information, data and documentation laid down in Articles 42, 43 and 44 of this Law; j) If they fail to act in accordance with Article 56 of this Law; k) If they fail to implement the measures laid down in the provisions of Article 58 of this Law; l) If they fail to submit the required information, data and documentation or they fail to submit the information, data and documentation in the prescribed manner in accordance with the provisions of Article 64 of this Law; m) If they fail to enable the on-site inspection and review in accordance with the provisions of Article 65 of this Law; n) If they fail to carry out the FID order for the temporary suspension of the transaction and the temporary suspension of access to the safe deposit box or they fail to follow the instructions of the FID regarding such order in accordance with the provisions of Article 66 of this Law; o) If they fail to carry out the FID order for the ongoing monitoring of financial operations of the customer or they fail to follow the instructions of the FID regarding such order in accordance with the provisions of Article 68 of this Law; p) If they fail to establish the internal control and ensure the internal and external audit in the manner laid down in Article 55 of this Law. (4) The fine referred to in paragraph (1) of this Article shall be imposed on the legal persons referred to in Article 41 of this Law if they receive a cash payment whose value is equal to or exceeds the amount referred to in Article 41 paragraphs (1), (2) and (4) of this Law. (5) A fine ranging from KM 1,000 to KM 5,000 shall be imposed on the responsible person in the legal person for the breaches referred to in paragraph (1) of this Article. (6) A fine ranging from KM 3,000 to KM 10,000 shall be imposed on the responsible person in the legal person for the breaches referred to in paragraph (2) of this Article. (7) A fine ranging from KM 5,000 to KM 20,000 shall be imposed on the responsible person in the legal person for the breaches referred to in paragraph (3) of this Article. (8) A fine ranging from KM 2,000 to KM 10,000 shall be imposed on the natural person engaged in self-employment activity referred to in Article 5 of this Law for the breaches referred to in paragraphs (1), (2) and (3) of this Article. (9) The legal persons shall also be sanctioned for the breaches referred to in this Article committed for their benefit by any person, acting individually or as part of a body of that legal person, and having a leading position within the legal person based on any of the following: a) power to represent the legal person; b) authority to take decisions on behalf of the legal person; or c) authority to exercise control within the legal person. (10) The legal persons shall also be sanctioned for the breaches referred to in this Article if they were committed for the benefit of that legal person by any person under its authority, due to the lack of supervision or control by the person in a leading position referred to in paragraph (9) of this Article. (11) All revenues generated through the implementation of this Law shall be revenues of the budgets of respective levels of government depending on the local jurisdiction of the supervisory authority referred to in Article 93 of this Law. (Article 100, Law no. 13/2024 on prevention of money laundering and financing of terrorist activities)
Pecuniary sanctions shall be imposed on obliged entities for serious, repeated or systematic breaches, whether committed intentionally or negligently, of the requirements laid down in the following provisions of Regulation (EU) 2024/1624: Chapter II (Internal policies, procedures and controls of obliged entities); Chapter III (Customer due diligence); Chapter V (Reporting obligations); Article 77 (Record retention). Yes. Article 100 (Sanctioning legal persons and responsible persons in legal persons for breaches) (1) A fine ranging from KM 5,000 to KM 20,000 shall be imposed on the legal persons referred to in Article 5 of this Law for the following breaches: a) If they fail to develop the appropriate policies and procedures referred to in Article 9 paragraph (3) of this Law; b) If they fail to align the risk assessment in accordance with Article 10 paragraphs (6) and (7) of this Law; c) If they fail to draw up notes on receipt of the verbal orders from the FID in accordance with Article 67 paragraph (2) and Article 68 paragraph (3) of this Law; d) If they fail to appoint the authorized persons or notify the FID of such appointments in accordance with the provisions of Article 48 of this Law; e) If they fail to draw up the list of indicators for identifying suspicious transactions within the prescribed period or in the prescribed manner in accordance with the provisions of Article 57 of this Law. (2) A fine ranging from KM 20,000 to KM 80,000 shall be imposed on the legal persons or the persons performing professional activities referred to in Article 5 of this Law for the following breaches: a) If they fail to produce the risk assessment in accordance with Article 10 paragraph (1) of this Law; b) If they fail to implement the customer due diligence measures in accordance with Articles 11 and 12 of this Law; c) If they fail to collect the data for identification in accordance with the provisions of Article 15 of this Law or fail to establish and verify the identity in the manner and in the cases laid down in Articles 16, 17, 18, 19 and 20 of this Law; d) If they fail to verify the identity of the customer and the beneficial owner within the period laid down in Article 14 paragraphs (1), (2) and (3) of this Law; e) If they fail to establish and verify the identity of the customer in accordance with the provisions of Articles 21 and 22 of this Law; f) If they fail to obtain data and documents from the third party in accordance with the provisions of Article 25 of this Law; g) If they apply simplified customer due diligence measures contrary to the provisions of Article 30 of this Law; h) When establishing a correspondent business relationship, if they fail to implement the measures laid down in the provisions of Article 31 of this Law; i) If they fail to implement the measures laid down in Article 32 of this Law; j) When carrying out an unusual transaction, if they fail to implement the measures laid down in Article 33 of this Law; k) If they fail to implement customer due diligence measures for politically exposed persons in accordance with Article 34 of this Law; l) When carrying out electronic transfers, if they fail to implement the measures in accordance with the provisions of Articles 37 and 38 of this Law; m) If they fail to secure implementation of the measures laid down in Article 50 of this Law; n) If they fail to act in accordance with Article 51 of this Law; o) If they fail to implement the measures laid down in the provisions of Article 52 of this Law; p) If they fail to act in accordance with Article 53 of this Law; r) If they fail to keep the records referred to in Articles 59 and 60 of this Law and if their records do not contain the minimum information referred to in Article 61 of this Law; s) If they fail to secure implementation of the measures and procedures laid down in Article 89 of this Law; t) If they fail to retain the information, data and documentation in accordance with the provisions of Article 92 paragraphs (1) and (2) of this Law; u) If they entrust the position of the authorized person and the deputy authorized person to a person that does not meet the requirements referred to in Article 49 paragraph (1) points a) through c) of this Law; v) If they fail to act in accordance with the provisions of Article 54 of this Law. (3) A fine ranging from KM 50,000 to KM 200,000 shall be imposed on the legal persons referred to in Article 5 of this Law for the following breaches: a) If they fail to collect the data referred to in Article 15 of this Law when carrying out the transaction referred to in Article 12, paragraph (1) point b) of this Law, without a previously established business relationship; b) If they fail to implement customer due diligence measures or they fail to reject establishing the business relationship and carrying out the transaction in accordance with the provisions of Article 14 paragraphs (4) and (5) of this Law; c) If they carry out identification relying on a on third party contrary to the provisions of Articles 23 and 24 of this Law; d) If they establish a business relationship contrary to the provisions of Article 26 of this Law; e) If they fail to monitor the business activities pursued by the customer in accordance with the provisions of Article 27 of this Law; f) If they fail to implement enhanced customer due diligence measures in accordance with Article 29 of this Law; g) If they fail to implement enhanced customer due diligence measures in accordance with the provisions of Article 35 of this Law; h) If they fail to apply the restrictions on cash payments in accordance with the provisions of Article 41 paragraphs (5) and (7) of this Law; i) If they fail to notify the FID or submit to the FID the information, data and documentation laid down in Articles 42, 43 and 44 of this Law; j) If they fail to act in accordance with Article 56 of this Law; k) If they fail to implement the measures laid down in the provisions of Article 58 of this Law; l) If they fail to submit the required information, data and documentation or they fail to submit the information, data and documentation in the prescribed manner in accordance with the provisions of Article 64 of this Law; m) If they fail to enable the on-site inspection and review in accordance with the provisions of Article 65 of this Law; n) If they fail to carry out the FID order for the temporary suspension of the transaction and the temporary suspension of access to the safe deposit box or they fail to follow the instructions of the FID regarding such order in accordance with the provisions of Article 66 of this Law; o) If they fail to carry out the FID order for the ongoing monitoring of financial operations of the customer or they fail to follow the instructions of the FID regarding such order in accordance with the provisions of Article 68 of this Law; p) If they fail to establish the internal control and ensure the internal and external audit in the manner laid down in Article 55 of this Law. (4) The fine referred to in paragraph (1) of this Article shall be imposed on the legal persons referred to in Article 41 of this Law if they receive a cash payment whose value is equal to or exceeds the amount referred to in Article 41 paragraphs (1), (2) and (4) of this Law. (5) A fine ranging from KM 1,000 to KM 5,000 shall be imposed on the responsible person in the legal person for the breaches referred to in paragraph (1) of this Article. (6) A fine ranging from KM 3,000 to KM 10,000 shall be imposed on the responsible person in the legal person for the breaches referred to in paragraph (2) of this Article. (7) A fine ranging from KM 5,000 to KM 20,000 shall be imposed on the responsible person in the legal person for the breaches referred to in paragraph (3) of this Article. (8) A fine ranging from KM 2,000 to KM 10,000 shall be imposed on the natural person engaged in self-employment activity referred to in Article 5 of this Law for the breaches referred to in paragraphs (1), (2) and (3) of this Article. (9) The legal persons shall also be sanctioned for the breaches referred to in this Article committed for their benefit by any person, acting individually or as part of a body of that legal person, and having a leading position within the legal person based on any of the following: a) power to represent the legal person; b) authority to take decisions on behalf of the legal person; or c) authority to exercise control within the legal person. (10) The legal persons shall also be sanctioned for the breaches referred to in this Article if they were committed for the benefit of that legal person by any person under its authority, due to the lack of supervision or control by the person in a leading position referred to in paragraph (9) of this Article. (11) All revenues generated through the implementation of this Law shall be revenues of the budgets of respective levels of government depending on the local jurisdiction of the supervisory authority referred to in Article 93 of this Law. (Article 100, Law no. 13/2024 on prevention of money laundering and financing of terrorist activities)
Supervisors are able to apply administrative measures to an obliged entity, where they identify: breaches of Regulation (EU) 2024/1624 or Regulation (EU) 2023/1113, either in combination with pecuniary sanctions for serious, repeated and systematic breaches, or on their own; weaknesses in the internal policies, procedures and controls of the obliged entity that are likely to result in breaches of the requirements; that the obliged entity has internal policies, procedures and controls that are not commensurate with the risks of money laundering, its predicate offences or terrorist financing to which the entity is exposed. Yes. When the supervisory authority referred to in Article 93 of this Law, while conducting supervision, identifies irregularities or illegalities in the implementation of this Law, it shall take measures and actions for which it is authorized under the law. (Article 97 (2), Law no. 13/2024 on prevention of money laundering and financing of terrorist activities)
Where obliged entities fail to comply with administrative measures applied by the supervisor within the applicable deadlines, supervisors are able to impose periodic penalty payments in order to compel compliance with those administrative measures. No. Absent from legal framework (Absent from legal framework)
Supervisors are required to publish on their website, in an accessible format, decisions imposing pecuniary sanctions, applying administrative measures or imposing periodic penalty payments. Yes. The supervisory authority referred to in Article 93 of this Law shall on its official website publish the notification of the final decision imposing a misdemeanour sanction on the obliged entity for a breach of the provisions of this Law, and shall do so immediately after notifying the decision to the person against whom the sanction was imposed. (Article 98, Law no. 13/2024 on prevention of money laundering and financing of terrorist activities)

Beneficial ownership of legal persons and legal arrangements

Beneficial ownership information must be held in a central register in the Member State where the legal entity is created or where the trustee of an express trust or person holding an equivalent position in a similar legal arrangement is established or resides, or from where the legal arrangement is administered. No. Bosnia currently lacks a central registry for beneficial ownership (Absent from legal framework)
Member States shall ensure that the entities in charge of the central registers are empowered to request from legal entities, trustees of any express trust and persons holding an equivalent position in a similar legal arrangement, and their legal and beneficial owners, any information necessary to identify and verify their beneficial owners, including resolutions of the board of directors and minutes of their meetings, partnership agreements, trust deeds, power of attorney or other contractual agreements and documentation. No. Bosnia currently lacks a central registry for beneficial ownership (Absent from legal framework)
Where no person is identified as the beneficial owner, the central register shall include: (a) a statement that there is no beneficial owner or that the beneficial owners could not be determined, accompanied by a corresponding justification (b) the details of all natural persons who hold the position of senior managing officials in the legal entity equivalent to the following information: all names and surnames, place and full date of birth, residential address, country of residence and nationality or nationalities of the beneficial owner, number of identity document, such as passport or national identity document, and, where it exists, unique personal identification number assigned to the person by his or her country of usual residence, and general description of the source of such number No. Bosnia currently lacks a central registry for beneficial ownership (Absent from legal framework)
Entities in charge of the central registers are required to verify, within a reasonable time upon submission of the beneficial ownership information, and on a regular basis thereafter, that such information is adequate, accurate and up to date. No. Bosnia currently lacks a central registry for beneficial ownership (Absent from legal framework)
Competent authorities, if appropriate and to the extent that such requirement does not interfere unnecessarily with their functions, are required to report to the entities in charge of the central registers any discrepancies they find between information available in the central registers and the information available to them. No. Bosnia currently lacks a central registry for beneficial ownership (Absent from legal framework)
The information contained in the central registers must include any change to the beneficial ownership of legal entities and legal arrangements and to nominee arrangements, following their first recording in the central register. No. Bosnia currently lacks a central registry for beneficial ownership (Absent from legal framework)
The entity in charge of the central register is empowered, whether directly or by application to another authority, including judicial authorities, to carry out checks, including on-site inspections at the business premises or registered office of legal entities, in order to establish the current beneficial ownership of the entity and to verify that the information submitted to the central register is accurate, adequate and up-to-date. No. Bosnia currently lacks a central registry for beneficial ownership (Absent from legal framework)
Where verification leads an entity in charge of a central register to conclude that there are inconsistencies or errors in the beneficial ownership information, the entity in charge of a central register is able to withhold or refuse to issue a valid certificate of proof of registration, or to suspend the validity of an existing certification of proof of registration. No. Bosnia currently lacks a central registry for beneficial ownership (Absent from legal framework)
The entity in charge of the central register is empowered to, whether directly or by application to another authority, including judicial authorities, apply effective, proportionate and dissuasive measures or impose such pecuniary sanctions for failures, including of a repeated nature, to provide the central register with accurate, adequate and up-to-date information about their beneficial ownership. No. Bosnia currently lacks a central registry for beneficial ownership (Absent from legal framework)
Competent authorities have immediate, unfiltered, direct and free access to the information held in the interconnected central registers without alerting the legal entity or legal arrangement concerned. These competent authorities include: self-regulatory bodies in the performance of supervisory functions of AML rules; tax authorities; national authorities with designated responsibilities for the implementation of Union restrictive measures; AMLA for the purposes of joint analyses; EPPO; OLAF; Europol and Eurojust when providing operational support to the competent authorities of Member States. No. Bosnia currently lacks a central registry for beneficial ownership (Absent from legal framework)
Beneficial ownership information held in central registers may be made available to obliged entities upon payment of a fee, which shall be limited to what is strictly necessary to cover the costs of ensuring the quality of the information held in the central registers and of making the information available. Those fees shall be established in such a way as not to undermine effective access to the information held in the central registers. No. Bosnia currently lacks a central registry for beneficial ownership (Absent from legal framework)
Any natural or legal person that can demonstrate a legitimate interest in the prevention and combating of money laundering, its predicate offences and terrorist financing has access to the following information on beneficial owners of legal entities and legal arrangements held in the interconnected central registers, without alerting the legal entity or legal arrangement concerned: the name of the beneficial owner; the month and year of birth of the beneficial owner; the country of residence and nationality or nationalities of the beneficial owner; for beneficial owners of legal entities, the nature and extent of the beneficial interest held; for beneficial owners of express trusts or similar legal arrangements, the nature of the beneficial interest. No. Bosnia currently lacks a central registry for beneficial ownership (Absent from legal framework)
The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: persons acting for the purpose of journalism, reporting or any other form of expression in the media, that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing; No. Bosnia currently lacks a central registry for beneficial ownership (Absent from legal framework)
The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: civil society organisations, including non-governmental organisations and academia, that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing; No. Bosnia currently lacks a central registry for beneficial ownership (Absent from legal framework)
The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: natural or legal persons likely to enter into a transaction with a legal entity or legal arrangement and who wish to prevent any link between such a transaction and money laundering, its predicate offences or terrorist financing; No. Bosnia currently lacks a central registry for beneficial ownership (Absent from legal framework)
The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: Member States’ public authorities in the context of public procurement procedures, in respect of the tenderers and operators being awarded the contract under the public procurement procedure; No. Bosnia currently lacks a central registry for beneficial ownership (Absent from legal framework)
Member States shall ensure that the information provided by central registers does not lead to the identification of any person consulting the register where such persons are: persons acting for the purpose of journalism, reporting or any other form of expression in the media, that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing; No. Bosnia currently lacks a central registry for beneficial ownership (Absent from legal framework)
Member States shall ensure that the information provided by central registers does not lead to the identification of any person consulting the register where such persons are: civil society organisations that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing. No. Bosnia currently lacks a central registry for beneficial ownership (Absent from legal framework)
Where entities in charge of central registers decide to grant access to beneficial ownership information, they shall issue a certificate granting access for 3 years. Entities in charge of central registers shall respond to any subsequent request to access beneficial ownership information by the same person within 7 working days. No. Bosnia currently lacks a central registry for beneficial ownership (Absent from legal framework)
Member States shall ensure that entities in charge of central registers shall only refuse a request to access beneficial ownership information on one of the following grounds: the applicant has not provided the necessary information or documents pursuant to paragraph 1; a legitimate interest to access beneficial ownership information has not been demonstrated; where on the basis of information in its possession, the entity in charge of the central register has a reasonable concern that the information will not be used for the purposes for which it was requested or that the information will be used for purposes that are not connected to the prevention of money laundering, its predicate offences or terrorist financing; one or more of the situations referred to in Article 15 applies; the legitimate interest to access beneficial ownership information granted by the central register of another Member State does not extend to the purposes for which the information is sought; where the applicant is in a third country and responding to the request to access information would not comply with the provisions of Chapter V of Regulation (EU) 2016/679. No. Bosnia currently lacks a central registry for beneficial ownership (Absent from legal framework)
In exceptional circumstances to be laid down in national law, where the access to beneficial ownership information would expose the beneficial owner to disproportionate risk of fraud, kidnapping, blackmail, extortion, harassment, violence or intimidation, or where the beneficial owner is a minor or otherwise legally incapable, Member States shall provide for an exemption from such access to all or part of the personal information on the beneficial owner. Member States shall ensure that such exemptions are granted on a case-by-case basis upon a detailed evaluation of the exceptional nature of the circumstances and confirmation that those disproportionate risks exist. The right to an administrative review of the decision granting an exemption and the right to an effective judicial remedy shall be guaranteed. No. Bosnia currently lacks a central registry for beneficial ownership (Absent from legal framework)

Supervision of obliged entities

Each Member State shall ensure that all obliged entities established in its territory are subject to adequate and effective supervision. To that end, each Member State shall appoint one or more supervisors to monitor effectively, and to take the measures necessary to ensure compliance by the obliged entities with Regulations (EU) 2024/1624 and (EU) 2023/1113. Yes. The following authorities and agencies shall supervise the operation of the obliged entities referred to in Article 5 of this Law in relation to implementation of the Law and other regulations governing obligations to implement measures aimed at preventing money laundering and terrorist financing: (Article 93, Law no. 13/2024 on prevention of money laundering and financing of terrorist activities)

Financial Intelligence Units (FIUs)

Each Member State shall establish an FIU in order to prevent, detect and effectively combat money laundering and terrorist financing. Yes. In accordance with the provisions of the Law on the State Investigation and Protection Agency, this and other laws, the FID shall undertake activities related to the prevention, analysis, investigation, detection and combating of money laundering, associated predicate crimes and terrorist financing; promotion of cooperation among the competent authorities of BiH, FBiH, RS and BDBiH in the prevention of money laundering, associated predicate crimes and terrorist and proliferation financing; as well as promotion of cooperation and exchange of information with competent authorities of other countries and with international organizations in charge of preventing money laundering, associated predicate crimes and terrorist financing. (2) The FID shall be the central financial intelligence unit which receives, collects, records, analyses, investigates and forwards the results of analyses and/or investigations, data, information and documentation related to money laundering, associated predicate crimes and terrorist financing, and which is, in accordance with the provisions of the Law on the State Investigation and Protection Agency, established as a basic organizational unit in the structure of the State Investigation and Protection Agency. (Article 62, Law no. 13/2024 on prevention of money laundering and financing of terrorist activities)
The FIU as the central national unit shall be responsible for receiving and analysing suspicious transaction reports and other information relevant to money laundering, associated predicate offences or terrorist financing. Yes. The FID shall be the central financial intelligence unit which receives, collects, records, analyses, investigates and forwards the results of analyses and/or investigations, data, information and documentation related to money laundering, associated predicate crimes and terrorist financing, and which is, in accordance with the provisions of the Law on the State Investigation and Protection Agency, established as a basic organizational unit in the structure of the State Investigation and Protection Agency. (Article 62 (2), Law no. 13/2024 on prevention of money laundering and financing of terrorist activities)
The FIU shall be responsible for disseminating the results of its analyses and any additional relevant information to the competent authorities where there are grounds to suspect money laundering, associated predicate offences or terrorist financing. Yes. The FID shall freely discharge its functions, including independent decision-making with respect to receiving, collecting, recording, analysing and forwarding the results of its analyses, investigations and specific information, data and documentation to the competent authorities in BiH and competent authorities of other countries and international organizations in charge of preventing money laundering and terrorist financing; (Article 62 (3) a) Law no. 13/2024 on prevention of money laundering and financing of terrorist activities)
The FIU shall be operationally independent and autonomous, which means that the FIU shall have the authority and capacity to carry out its functions freely, including the ability to take autonomous decisions to analyse, request and disseminate specific information. It shall be free from any undue political, government or industry influence or interference. Yes. The FID shall freely discharge its functions, including independent decision-making with respect to receiving, collecting, recording, analysing and forwarding the results of its analyses, investigations and specific information, data and documentation to the competent authorities in BiH and competent authorities of other countries and international organizations in charge of preventing money laundering and terrorist financing; (Article 62 (3) a) Law no. 13/2024 on prevention of money laundering and financing of terrorist activities)
The FIU, regardless of their organisational status, is authorised to have access to the information that they require to fulfil their tasks, including financial, administrative and law enforcement information. Yes. The FID shall have timely, direct or indirect access to financial and administrative data necessary for the successful performance of its tasks in accordance with the provisions of this Law, which are available to authorities at all levels of government in BiH and other bodies exercising public authority. (Article 69, Law no. 13/2024 on prevention of money laundering and financing of terrorist activities)
FIUs are empowered to take urgent action, directly or indirectly, where there is a suspicion that a transaction is related to money laundering or terrorist financing, to suspend or withhold consent to that transaction. Yes. If the FID, while acting within its competence, including acting upon requests of the authorities referred to in Articles 71, 76 and 77 of this Law, suspects money laundering, associated predicate crime or terrorist financing, it may issue a written order for a temporary suspension of the transaction or transactions, including a temporary suspension of access to the safe deposit box used by the customer at the obliged entity. (Article 66, Law no. 13/2024 on prevention of money laundering and financing of terrorist activities)

Mutual legal assistance (MLA) and International Cooperation

Member States shall ensure that the FIU to whom the request is made is legally required to use the whole range of its available powers which it would normally use domestically for receiving and analysing information when it replies to a request for information from another FIU. Yes. (1) The FID shall timely transmit data, information and documentation which it has access to or is able to collect pursuant to this Law to financial intelligence units of other countries upon their request or on its own initiative, in accordance with the provisions of this Law, provided that data protection equal to the protection provided under the legislation in BiH is ensured. (2) The request referred to in paragraph (1) of this Article should contain all the relevant facts, background information, reasons for the request and the manner in which the requested information will be used. (3) When transmitting data to financial intelligence units of other countries, the FID shall request that the information, data and documentation be used only for the purposes laid down in the provisions of this Law. A prior written consent of the FID shall be required for any additional forwarding of the data, information and documentation to any other competent authority of the given country. (4) Should a foreign financial intelligence unit request the prior consent of the FID to forward the information, data and documentation transmitted by the FID to the foreign financial intelligence unit in accordance with paragraph (1) of this Article to other competent authorities of the given country, the FID shall give its consent without delay and to the greatest extent possible regardless of the type of predicate crime concerned. (5) Notwithstanding the provisions of paragraphs (1) and (4) of this Article, the FID may reject a request of a financial intelligence unit of another country if the requirements laid down in paragraph (2) of this Article are not met, if complying with the request would fall outside of the scope of this Law or could interfere with the ongoing investigations or the operational analyses or in exceptional circumstances, where disclosure of the information would be clearly disproportionate to the legitimate interests of the natural or legal person or irrelevant with regard to the purposes for which it was requested, and it shall notify the financial intelligence unit of another country of the rejection in writing, explaining the reasons for the rejection. (6) The FID may request feedback from financial intelligence units of other countries on the extent to which the data and information transmitted to them were useful. (Article 76, Law no. 13/2024 on prevention of money laundering and financing of terrorist activities)
Member States shall ensure that FIUs are legally required to exchange, spontaneously or upon request, any information that may be relevant for the processing or analysis of information by the FIU related to money laundering, its predicate offences, or terrorist financing, and the natural or legal person involved, regardless of the type of predicate offences that may be involved, and even if the type of predicate offences that may be involved is not identified at the time of the exchange. Yes. (1) The FID may request from foreign law enforcement agencies, judicial or administrative authorities, financial intelligence units and international organizations involved in the prevention of money laundering and terrorist financing the data, information and documentation necessary for performing its tasks in accordance with the provisions of this Law. (2) The FID shall not transmit or make available the information and documentation obtained in accordance with paragraph (1) of this Article to natural or legal persons - third parties or other authorities, nor shall it use them for purposes contrary to the conditions and restrictions set by the authority, unit or organization referred to in paragraph (1) of this Article, unless authorized to do so by the stated authority. (3) The request referred to in paragraph (1) of this Article shall contain all the relevant facts, background information, reasons for the request and the manner in which the requested information will be used. (Article 75, Law no. 13/2024 on prevention of money laundering and financing of terrorist activities)

Legislation

*Last update: 2017


Asset Recovery

haha lala

Quantitative Data

Primary Metric

201220152016201720202024Trend
Asset Offices100
Confiscation67
International cooperation75

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

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Country score

Asset Offices

Each Member State shall legally designate at least one asset recovery office to facilitate cross-border cooperation in relation to asset-tracing investigations and to conduct asset recovery functions in both criminal matters and civil or administrative matters. Yes. Bosnia and Herzegovina has established specialised asset recovery/management structures at entity level, including the Agency for Management of Seized Assets in the Federation of BiH, which is tasked with tracing, seizure and management of criminal assets, (Law on Confiscation of Unlawfully Acquired Property through a Criminal Offence of the Federation of Bosnia and Herzegovina, provisions on the establishment of the Agency for Management of Seized Assets.)
Each Member State shall legally designate at least one competent authority to function as an asset management office for the purpose of the management of frozen and confiscated property until the disposal of that property further to a final confiscation order. Yes. The Federation Law on Confiscation of Unlawfully Acquired Property creates a competent authority for management of confiscated property (Seized Property Management Agency), responsible for temporary and permanent management, (Law on Confiscation of Unlawfully Acquired Property through a Criminal Offence (Federation of BiH), Articles on the establishment and competences of the Seized Property Management Agency (FAZUOI).)

Confiscation

Member States shall take the necessary measures to enable the freezing of property necessary to ensure a possible confiscation of that property. The freezing measures shall consist of freezing orders and immediate action. (Freezing measures) Yes. The criminal procedure codes and special entity laws allow temporary seizure and freezing of property believed to be proceeds of crime, as a preliminary measure to ensure future confiscation; the Federation (Federation of BiH Law on Confiscation of Unlawfully Acquired Property through a Criminal Offence, provisions on temporary confiscation; entity/stated‑level)
Member States shall take the necessary measures to enable the confiscation, either wholly or in part, of instrumentalities and proceeds stemming from a criminal offence subject to a final conviction, which may also result from proceedings in absentia. (Conviction based confiscation) Yes. In all components of BiH, confiscation is regulated as a crime‑related security measure: no one may retain material gain acquired by a criminal offence, (State‑level and entity criminal codes (e.g. Criminal Code of BiH, provisions on security measures and confiscation of material gain; Criminal Code of Republika Srpska, Article 94 on confiscation of material gain).)
Member States shall take the necessary measures to enable the confiscation of property the value of which corresponds to instrumentalities or proceeds stemming from a criminal offence subject to a final conviction, which may also result from proceedings in absentia. (Confiscation of equivalent value) Yes. Where direct confiscation of proceeds is not possible, Bosnian criminal codes and special confiscation laws allow confiscation of other property of corresponding value, including indirect and intermingled assets, (Criminal codes of BiH entities and Brčko District (provisions allowing confiscation of assets of equivalent value); Federation of BiH Law on Confiscation of Unlawfully Acquired Property through a Criminal Offence.)
Member States shall take the necessary measures to enable the confiscation of proceeds, or other property the value of which corresponds to proceeds, which, directly or indirectly, were transferred by a suspected or accused person to third parties, or which were acquired by third parties from a suspected or accused person. (Third-party confiscation) Yes. Confiscation regimes allow confiscation from third parties where property constitutes proceeds of crime and where statutory conditions are met, and extended confiscation laws provide for confiscation of criminal assets defined as property in obvious discrepancy with lawful income, (Criminal Assets Recovery Acts and entity confiscation laws (e.g. Republika Srpska Criminal Assets Recovery Act, Articles 2–3 defining criminal assets and allowing confiscation where property is disproportionate to lawful income).)
Member States shall take the necessary measures to enable the confiscation, either wholly or in part, of property belonging to a person convicted of a criminal offence where the offence committed is liable to give rise, directly or indirectly, to economic benefit, and where a national court is satisfied that the property is derived from criminal conduct. (Extended confiscation) Yes. Extended confiscation of property gain acquired through perpetration of criminal offences is expressly regulated, for example in Article 110a of the state‑level Criminal Code, and in entity‑level legislation and Criminal Assets Recovery Acts, (Criminal Code of Bosnia and Herzegovina, Article 110a (Extended Confiscation of Property Gain Acquired through Perpetration of a Criminal Offence); Republika Srpska Criminal Assets Recovery Act, Article 3(1)(b) (definition of criminal assets).)
Member States shall take the necessary measures to enable the confiscation of instrumentalities, proceeds or property, or proceeds or property transferred to third parties, where criminal proceedings have been initiated but could not be continued because of illness, absconding, or death of the accused or the limitation period of the offence is below 15 years and has expired. (Non-conviction based confiscation) No. Confiscation is mainly conceived as a crime‑related security measure linked to conviction or to a finding of guilt: there must be a proven crime by a guilty verdict and a connection between targeted assets and criminal activity; (Criminal codes and Criminal Assets Recovery Acts of BiH components (security‑measure character of confiscation and requirement of conviction, as described in legal analysis).)
Confiscation without a prior conviction shall be limited to cases where, in the absence of the circumstances above, it would have been possible for the relevant criminal proceedings to lead to a criminal conviction for, at least, offences liable to give rise, directly or indirectly, to substantial economic benefit, and where the national court is satisfied that the instrumentalities, proceeds or property to be confiscated are derived from, or directly or indirectly linked to, the criminal offence in question. (Non-conviction based confiscation) No. As of 31.12.2024, BiH had not yet adopted a comprehensive non‑conviction based confiscation regime at state level; reforms and a draft Law on Confiscation and Management of Proceeds of Crime at BiH level were under preparation to strengthen civil or NCBC‑type (Draft Law on Confiscation and Management of Proceeds of Crime in Bosnia and Herzegovina (under discussion in 2025); existing confiscation provisions in Criminal Codes and entity laws (no general NCBC regime).)
Member States shall take the necessary measures to enable the confiscation of property identified in the context of an investigation in relation to a criminal offence, provided that a national court is satisfied that the identified property is (i) derived from criminal conduct committed within the framework of a criminal organisation and (ii) that conduct is liable to give rise, directly or indirectly, to substantial economic benefit. A ‘criminal offence’ in this case is punishable by deprivation of liberty of a maximum of at least four years. (Confiscation of unexplained wealth) Yes. Extended confiscation in Republika Srpska and in entity‑level laws functions as an unexplained‑wealth confiscation mechanism: criminal assets are defined as property in obvious discrepancy with reported income where the owner has been convicted of certain listed serious offences, (Republika Srpska Criminal Assets Recovery Act, Article 3(1)(b) (definition of criminal assets and discrepancy with income); related entity‑level)
Member States are legally required to adopt a national strategy on asset recovery and update it at regular intervals of no longer than five years. (Deadline of 24 May 2027) No. Bosnia and Herzegovina has taken steps to improve confiscation, including a BiH Strategy against Organised Crime and practical guides on asset recovery, but there is no explicit statutory national asset recovery strategy with a five‑year (BiH Strategy against Organised Crime and UNODC‑supported Practical Guide on Asset Recovery (policy documents; no statutory national strategy requirement).)

International cooperation

To facilitate cross-border cooperation, Member States shall legally require measures to enable the swift tracing and identification of instrumentalities and proceeds, or of property which is, or might become, the object of a freezing or confiscation order in the course of proceedings in criminal matters. Yes. BiH criminal procedure and special confiscation laws allow seizure and confiscation of proceeds, and an updated practical guide on asset recovery issued in 2024 provides practitioners with step‑by‑step tools for financial investigations and asset tracing, including in cross‑border (State and entity criminal procedure codes; UNODC Practical Guide on Asset Recovery in Bosnia and Herzegovina (2024).)
Member States shall legally require the necessary measures to ensure that their asset recovery offices provide, upon request from an asset recovery office in another Member State, any information that those asset recovery offices have access to, and that is necessary for the performance of the tasks of the asset recovery office requesting that information Yes. The newly established Asset Recovery Office in the Federation of BiH and the Seized Property Management Agency (FAZUOI) cooperate with international partners and are being operationalised with support from UNODC and EU projects, including training on cross‑border (Federation of BiH Asset Recovery Office and FAZUOI mandate as described in UNODC and OSCE reports on inter‑agency cooperation and asset recovery in BiH.)
Member States may legally allow for cost-sharing agreements with other Member States on the execution of freezing and confiscation orders. No. Current BiH legislation on confiscation and mutual legal assistance does not provide a specific statutory basis for cost‑sharing (Criminal procedure and mutual legal assistance framework (no explicit cost‑sharing provision identified).)
Countries should be able to share confiscated property with other countries, in particular when confiscation is directly or indirectly a result of co-ordinated law enforcement actions Yes. BiH may share or return confiscated illicit assets to other countries under Council of Europe confiscation conventions and other international cooperation instruments, (Implementation of Council of Europe conventions on confiscation and international cooperation rules, as reflected in studies on social re‑use of seized and confiscated assets in BiH.)

Legislation

*Last update: 2017