AGENCY FOR PREVENTION OF CORRUPTION AND COORDINATION OF FIGHT AGAINST CORRUPTION mr.sci. Vladica Babić - Assisstent Director for Prevention of Corruption SOFIA - Bulgaria – 5th November 2013

The Agency is established by the Parliamentary Assembly of BiH (30.dec.2009.)- (01.apr.2013.); The Agency is established by the Parliamentary Assembly of BiH (30.dec.2009.)- (01.apr.2013.); The Agency is established by the law; The Agency is established by the law; The Agency is an independent administrative organisation that reports to the Parliamentary Assembly of BiH. The Agency is an independent administrative organisation that reports to the Parliamentary Assembly of BiH. STATUS OF THE AGENCY

establishment of the Agency, establishment of the Agency, goals of the Agency’s estublishment goals of the Agency’s estublishment anticorruption principles anticorruption principles responsabilities of the Agency responsabilities of the Agency managment of the Agency managment of the Agency the selection and operational monitoring committee the selection and operational monitoring committee internal organisation of the Agency internal organisation of the Agency coordination of the corruption prevention policies coordination of the corruption prevention policies Coordination with other bodies and organisation Coordination with other bodies and organisation LAW ON THE AGENCY FOR PREVENTION OF CORRUPTION AND COORDINATION OF FIGHT AGAINST CORRUPTION

The Selection and Monitoring Committee of the Agency- consists of 9 members; The Selection and Monitoring Committee of the Agency- consists of 9 members; The Committee is appointed by the Parliamentary Assembly of BiH; The Committee is appointed by the Parliamentary Assembly of BiH; The Committe is responsable to initiate procedure for appointment of the Agency’s Director and to receive reports on the Agency’s operations. The Committe is responsable to initiate procedure for appointment of the Agency’s Director and to receive reports on the Agency’s operations. (9 members= 3 Parlamentary Assembly + 3 House of Peoples + 2 Academic Society + 1 No Government Organisation ) THE SELECTION AND MONITORING COMMITTEE

Strategy for Fight Against Corruption ( ) Strategy for Fight Against Corruption ( ) Action Plan for Implementation of the Strategy for Fight Against Corruption (81 activities) Action Plan for Implementation of the Strategy for Fight Against Corruption (81 activities) STRATEGIC DOCUMENTS

Anticorruption Strategy is prepared to reduce the level of corruption, and also to strengthen the trust in government institutions at all levels. Corruption must be eradicated, so that it does not impede good governance and free market economy in the country. STRATEGY FOR FIGHT AGAINST CORRUPTION

ACTION PLAN FOR IMPLEMENTATION OF THE STRATEGY FOR FIGHT AGAINST CORRUPTION Building of the capacity of the Agency for Prevention of Corruption and Coordination of Fight against Corruption- 12 activities Prevention of corruption - 32 activities Education, training and public awareness raising – 16 activities Implementation of the law, - 11 activities Coordination and implementation of the Strategy, - 10 activities. (foresees 81 activity)

STRUCTURE STRUCTURE OF AGENCY employees Sector for Prevention of the Coruption Sector for Coordination of the Fight against Coruption Sector for Legal, Personnel, General and Financial Affairs

AGENCY GOALS?

AGANCY GOALS-Artcle 5. of the Law a)Identify and eliminate the causes of corruption; b)Discourage occurrence of criminal offenses connected with corruption; c)Ensure and improve the legal framework for prevention of corruption; d)Stimulate participation of civil society in prevention of corruption;

AGANCY GOALS-Artcle 5. of the Law e) Raise public awareness and create an attitude of nontolerance towards corruption; f) Provide education on causes and consequences of corruption and on active participation in its prevention; g) Promote transparent and responsible functioning of institutions in BiH.

RESPONSABILITIES OF THE AGENCY - Art. 10 of the Law d) monitor the instances of conflict of interest f) analyze the delivered data in order to detect the instances of corrupt practices h) take action upon receiving the submissions that contain indications of a corruptive conduct j)provide opinions and guidelines n)develop educational programs p) inform the competent institutions and the public of the obligationscontained in international legal acts and give recommendations for their realization

OBLIGATIONS OF BiH TOWARD EU IN THE FIELD OF JUDICIARY AND INTERNAL AFFAIRS Decision of the Council on the principles, priorities, and conditions contained in the European partnership with BiH (2007), Stabilization and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part (2008), Road map on visa free regime (2008).

Lack of financial funds for: Lack of financial funds for: -functioning of the Agency -education -specialized training (...) Harmonization of legal framework to enable cooperation and coordination of prevention of corruption at all levels of government. Harmonization of legal framework to enable cooperation and coordination of prevention of corruption at all levels of government. -Establishment of efficient system of coordination at all levels of government. -Establishment of mechanisms for monitoring and evaluation of the implementation of strategy and anti-corruption measures. Adoption of international standards Adoption of international standards Adjustment of domestic legislation with international regulations (conventions, EU directives). Adjustment of domestic legislation with international regulations (conventions, EU directives). CHALLENGES

Etical Code Etical Code Integrity Plans Integrity Plans Open Communication Channels Open Communication Channels Education and Organised Courses Education and Organised Courses

Etical code Etical code Integrity plans Integrity plans Open Communication Channels Open Communication Channels Education and Organised courses Education and Organised courses

ETICAL CODE uploaded to the web page of the Agency uploaded to the web page of the Agency all civil servants to be self-tested all civil servants to be self-tested

Etical Code Etical Code Integrity Plans Integrity Plans Open Communication Channels Open Communication Channels Education and Organised Courses Education and Organised Courses

INTEGRITY PLANS: ORGANIZATIONAL RESPONSE TO CORRUPTION RISKS at organizational level: establishment of a system that would reduce opportunities for corruption and would support the individual members of the organization to act in good fait. “resistance to corruption” at personal level: knowledge, skills and determination to follow the established rules and practices and to always act in public interest, avoid conflicts of interest and “do no harm”.

Etical code Etical code Integrity plans Integrity plans Open Communication Channels Open Communication Channels Education and Organised Courses Education and Organised Courses

OPEN COMMUNICATION CHANNELS How do we gather information? mailboxes; ; hotlines; surveys (including questionnaires); whistleblowers ( officials, working for the organization ?,clients of the organization, other stakeholders )

Etical Code Etical Code Integrity Plans Integrity Plans Open Communication Channel Open Communication Channel Education and Organised Courses Education and Organised Courses

Project IPA 2009, Project IPA 2009, Courses for all institution with Agency support Courses for all institution with Agency support International organization and NGO International organization and NGO EDUCATION AND ORGANISED COURSES

PERIODIC TESTING AND AUDITING OF THE INTEGRITY SYSTEM Internal Audit -check on compliance Internal Audit -check on compliance Internal Audit -check process of implementation of the compliance policies/integrity system Internal Audit -check process of implementation of the compliance policies/integrity system

Memorandum of Understanding with all institutions for information exchange; Memorandum of Understanding with all institutions for information exchange; coordination related to data exchange; coordination related to data exchange; legal documents; legal documents; Memorandum of Understanding/ Agreements with NGOs. Memorandum of Understanding/ Agreements with NGOs. COORDINATION

Application of measures from the Action Plan for the implementation of the Strategy for Fight against Corruption, Harmonization of obligations per domestic legislation, adjustment of laws concerning anti-corruption at various levels of government, and their consistent implementation, Building capacities required for the Agency for Prevention of Corruption and Coordination of Fight against Corruption to perform its duties. PROGRESS AND CHALLENGES AHEAD

Decisive processing of corruption cases and improvement of efficiency and independence of the judiciary; enabling that courts work without political influence, Corrections to the legal framework in the area of political parties financing, along with increased transparency in financing of political parties, Adoption of Public Procurement Law in accordance with Acquis; improvement of coordination and cooperation between the relevant institutions, the work of Office for Complaints, Improve the legal framework on conflict of interest. PROGRESS AND CHALLENGES AHEAD

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