| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |