Civil servants, police officers, military personnel and employees cannot receive gifts whose value exceeds 300 KM from a single donor within a period of one year.
This is stated in the Draft Rulebook on the Use of Representation Funds and Gifts, which, among other things, regulates the right, conditions and manner of using representation funds, procedures and rules for giving gifts and keeping records of given gifts in the institutions of BiH.
If this rulebook is adopted, as confirmed by “Nezavisne novine”, the Presidency of BiH, the Constitutional Court of BiH, the Intelligence and Security Agency (OBA) of BiH and the Office for the Audit of BiH Institutions will be exempted from its application, which will issue a special rulebook on the use of representation funds.
Two types of representation
Representation, as stated, includes costs incurred for the purpose of establishing and maintaining business cooperation and diplomatic relations, as well as the promotion of the activities of BiH institutions, including the costs of catering services for business meetings and receptions, and can be external and internal.
External representation implies the use of catering services in the country and abroad by BiH institutions outside the official premises of the institution or in the premises of BiH institutions when it comes to organizing ceremonial receptions, business meetings and other events for which services are provided by the Service for Common Affairs of the BiH Institutions and the purchase of appropriate gifts.
Internal representation implies the use of catering services in the official premises of BiH institutions for which services are provided by the Service for Common Affairs of the BiH Institutions.
What are gifts?
Gifts, as specified, represent money, a thing, a right or a service performed without appropriate compensation and any other benefit given to a BiH institution or an employee of a BiH institution, and which are given on behalf of BiH institutions to foreign delegations, representatives of international institutions and organizations, institutions or organizations of all levels of government in BiH.
When it comes to giving gifts, their purchase is permitted for the purpose of presenting them to foreign delegations, representatives of international institutions and organizations, institutions or organizations of all levels of government in BiH, and to prominent individuals who have contributed to the work of the BiH institution with their work and work results.
As emphasized, a BiH institution may accept a gift, regardless of its value, provided that the acceptance of the gift is in accordance with the laws of BiH, and is obliged to record such a gift in the Gift Register.
When gifts must be refused
It is emphasized that the provisions of the Law on Prevention of Conflict of Interest in Institutions at the Level of BiH directly apply to the acceptance of gifts by holders of public office.
Of particular interest is Article 7 of this Rulebook, which defines the acceptance of gifts intended for employees of BiH institutions, and which, as we have stated, literally states that “civil servants, police officers, military personnel and employees may not accept gifts whose value exceeds 300 KM from a single donor within a period of one year”.
As defined, if the value of the gift exceeds 300 KM, recipients are obliged to refuse the gift or to ask the donor to replace the gift with another gift up to the prescribed value or to dedicate the gift to the institution.
They are not allowed to take cash
Civil servants, police officers, military personnel and employees, as highlighted, cannot accept money, checks or other securities regardless of the amount.
“Receiving gifts in accordance with the provisions of this Article also applies to employees of an institution who receive a gift for the benefit of a public office holder, provided that the public office holder is aware of this fact. In such a case, the gift shall be handed over to the public office holder who is obliged to consistently apply the provisions of the Law on Prevention of Conflict of Interest in Institutions at the Level of BiH”, it is highlighted in the Proposal for the Rulebook on the Use of Funds for Representation and Gifts.
BiH institutions, as highlighted, are obliged to record gifts in the Gift Register which, among other things, contains the date of receipt or delivery of the gift, type, quantity, name/title of the donor or recipient, value of the gift, and the occasion for giving or receiving the gift.
How is the value determined
The value of the gift received, as highlighted, is determined by the actual purchase price or market value.
“If the value of the gift cannot be determined, in the records, in the value field, an explanation of the reason why the value was not determined must be entered and as such it is considered a gift from the institution,” the Draft Rulebook states.
When it comes to representation, the right to use funds for representation is reserved for members of the Council of Ministers of BiH, deputy ministers, heads of BiH institutions, members of collegial bodies that manage BiH institutions, deputy heads of BiH institutions, ambassadors, heads of missions, consuls general of BiH, etc.
“The head of the institution may also grant other employees of the institution the right to use funds for representation, which is regulated by the internal act of the institution. The right to use funds for the purchase of gifts is reserved exclusively for heads of BiH institutions,” the Draft Rulebook states.
