Law on FIPA

Law on FIPA

("Official Gazette of BiH" No. 56/04)

On the basis of Article IV.4 (a) of the Constitution of Bosnia and Herzegovina, the Parliamentary Assembly of Bosnia and Herzegovina, at the session of the House of Peoples held on 23 November 2004, and the session of the House of Representatives held on 2 December 2004, adopted

LAW
ON FOREIGN INVESTMENT PROMOTION AGENCY OF BOSNIA AND HERZEGOVINA*

I – General Provisions

Article 1

This Law establishes the Foreign Investment Promotion Agency of Bosnia and Herzegovina (hereinafter: the Agency) and regulates its position, jurisdiction, management, organization and other issues of relevance.

Article 2

  1. The Agency is an independent administrative organization.
  2. The seat of the Agency shall be determined by the decision of the Council of Ministers of Bosnia and Herzegovina.
  3. The Agency may, when necessary, have regional offices within its composition.
  4. The Agency has the status of a legal entity.

Article 3

  1. The name of the Agency is: Agencija za unapređenje stranih investicija u Bosni i Hercegovini.
  2. The name of the Agency in English is: “Foreign Investment Promotion Agency of Bosnia and Herzegovina”.
  3. The abbreviation of the Agency is “FIPA”.

Article 4

The Agency has a seal in accordance with the Law on the Seal of the Institutions of Bosnia and Herzegovina (Official Gazette of BiH, Nos. 12/98 and 14/03).

II – Competence of the Agency

Article 5

  1. The Agency promotes and improves foreign direct investments in accordance with the law, decisions and instructions of the Council of Ministers of Bosnia and Herzegovina.
  2. The Agency creates the image of Bosnia and Herzegovina as a modern state, serious, competitive and safe partner for capital investment.
    In order to accomplish objectives referred to in the preceding paragraph, the Agency:
    1. provides information to potential investors about the legislation of Bosnia and Herzegovina;
    2. directs the investors towards potential investment projects in the entities, cantons, regions and certain economic sectors;
    3. presents the advantages and characteristics relating to the projects, such as: legal, economic and financial framework, tax system, industrial environment, and benefits given to the investors at the state, entity or lower levels;
    4. organizes and/or participates at seminars, exhibitions and conferences on promotion of the state;
    5. follows up and analyzes the investment environment at the state and international level;
    6. proposes legislation and legal measures aimed at promoting investment conditions;
    7. takes part in negotiations on interstate, bilateral and multilateral investment agreements;
    8. initiates and maintains the cooperation with the same or similar agencies of other countries.

III – Management, Steering and Liability of the Agency

Article 6

  1. The Agency is managed by the director in cooperation with the deputy director and secretary in accordance with the law, Rules of Internal Organization of the Agency and other regulations.
  2. Director of the Agency takes part in the work of the Steering Board of the Agency without the right of vote.
  3. Director of the Agency issues general legal acts of the Agency in accordance with the law.

Article 7

  1. Director and deputy director of the Agency are appointed by the Council of Ministers of Bosnia and Herzegovina (hereinafter: Council of Ministers), upon the proposal of the Chair of the Council of Ministers in accordance with the Law on Civil Service of the Institutions of Bosnia and Herzegovina.
  2. Director and deputy director are appointed by the Council of Ministers for a period of four years with the possibility of being reappointed.
  3. Secretary of the Agency is elected in accordance with the Law on Civil Service of the Institutions of Bosnia and Herzegovina.

Article 8

  1. Director, deputy director and secretary cannot be from amongst the same constitutive nationalities of Bosnia and Herzegovina.
  2. Director and deputy director of the Agency are responsible to the Council of Ministers.

Article 9

  1. The Steering Board of the Agency consists of 9 (nine) members.
  2. The members of the Steering Board are appointed for a mandate of two years.
  3. The appointment of the members of the Steering Board is made as follows:
    1. two members are appointed by the Council of Ministers of BiH;
    2. one member is appointed by the Government of the Federation of BiH and the Government of the Republika Srpska;
    3. one member is appointed by the Foreign Trade Chamber of BiH;
    4. two members represent the business community in Bosnia and Herzegovina, so that one member is appointed by the Association of Employers in the Federation of BiH and the Association of Employers of the Republika Srpska;
    5. two members represent foreign investors in Bosnia and Herzegovina and are appointed by the Association of Foreign Investors of Bosnia and Herzegovina.

Article 10

The competence of the Steering Board is as follows:

  1. to propose the strategic goals of the Agency through cooperation with the Ministry of Foreign Trade and Economic Relations of Bosnia and Herzegovina, entity governments and Brčko District of Bosnia and Herzegovina;
  2. to propose the business strategy, business plan and action plan of the Agency;
  3. to consider the realization and achievement of goals and operational plan of the Agency.

IV – Civil Servants and Employees of the Agency

Article 11

  1. The duties of the main positions placed by this Law under the jurisdiction of the Agency are carried out by civil servants appointed to the work posts defined by the Law on Civil Service of the Institutions of Bosnia and Herzegovina.
  2. The category of the work posts held by civil servants is defined by the Rules on Internal Organization of the Agency.
  3. Support and technical jobs in the Agency are performed by employees, in accordance with the applicable regulations.

Article 12

  1. The work of the Agency is accessible to the public.
  2. The publicity of the work of the Agency may be ensured or excluded only in cases defined by the legislation of BiH. The Agency has the right of access to the information in accordance with the Law on Freedom of Access to Information in Bosnia and Herzegovina (Official Gazette of BiH, No. 28/00).
  3. The Agency observes full confidentiality of commercial information given to it so that it can further distribute them only with the approval of the commercial service provider.
V – Internal Organization of the Agency – Work Program and Work Report

Article 13

  1. The internal organization of the Agency shall be established by the Rules on the Internal Organization to be issued by the director of the Agency with the consent of the Council of Ministers.
  2. The Rules on Internal Organization of the Agency shall establish the following:
    1. organizational units and their jurisdiction;
    2. the method of management;
    3. programming and execution of duties;
    4. authorizations and responsibilities of civil servants in performing their duties;
    5. the total number of civil servants and employees for performing duties;
    6. the title and allocation of duties in organizational units, with the job description for each civil servant and employee or a group of civil servants and employees with necessary requirements with regard to qualifications and other job requirements for particular duties;
    7. the number of trainees to be employed and the requirements for their admission.

Article 14

  1. Director of the Agency issues an annual Work Program and submit the Work Report.
  2. The Work Program and Work Report shall be submitted to the Council of Ministers.

VI – Financing of the Agency

Article 15

The Agency shall be financed from the budget comprising the state budget funds and independent sources in accordance with the Law on Execution of the Budget of the Institutions of Bosnia and Herzegovina and international obligations of Bosnia and Herzegovina.

Article 16

Control of financial operations of the Agency shall be carried out by the Office for Auditing of the Financial Operations of the Institutions of Bosnia and Herzegovina.

VII – Transitional and Final Provisions

Article 17

The Decision on Establishment of the Foreign Investment Promotion Agency of Bosnia and Herzegovina (Official Gazette of BiH, Nos. 16/98, 15/99, 6/02 and 12/02) shall cease to be applicable on the date of entering into force of this Law.

Article 18

  1. The rights, obligations and responsibilities of the Foreign Investment Promotion Agency of Bosnia and Herzegovina established by the Decision referred to in Article 17 of this Law shall be taken over by the Agency established in accordance with this Law.
  2. The period from the establishment of the Agency by the Decision referred to in Article 17 of this Law shall be taken into consideration in the application of Article 7 paragraph 2 of this Law.

Article 19

This Law shall enter into force on the eighth day from the date of its publication in the Official Gazette of BiH and shall be published in the official gazettes of the Entities and Brčko District of Bosnia and Herzegovina.

PSBiH no. 118/04
2nd December 2004
Sarajevo

Chair of the House of Representatives
of the Parliamentary Assembly of BiH
Martin Raguž, (signed)

Chair of the House of Peoples
of the Parliamentary Assembly of BiH
Goran Milojević, (signed)

* This is an unofficial translation.

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