Draft Law on the Special Registry and Transparency of the Work of the Nonprofit Organisations

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Article 1

The law regulates establishment of the special Registry of the non-profit organisations (NPOs) founded in the Republika Srpska that are financially or in some other way assisted by the foreign entities as agents of foreign influence (hereinafter referred to as: Registry) and regulates conditions and the manner for securing transparency of work and defines other issues related to the work of those organisations.

Article 2

  • The term non-profit organisations (NPO) refers to the associations and foundations as well as foreign and international NPOs founded and registered in the RS in line with the Law on Associations and Foundations (OG RS No 52/01 and 42/05), that are entirely or partially financed by other countries, their bodies or their authorised representatives, international and foreign organisations, foreign citizens or registered non-governmental institutions financed from abroad.
  • The term foreign subject/entity refers to the government, executive body of another country or foreign political party, physical entity without BiH citizenship and with no residence in BiH or legal entity or group of legal entities organised in line with the regulations of another country or are seated in another country.
  • Government of another country concerns executive body of any country apart from BiH.
  • Foreign political party refers to any political party registered in line with the regulations of another country.

Article 3

  • Political activities of the NPOs in light of this act concern participation in pre-election campaign of political parties and candidates, collection of funds for political parties and candidates, financing of candidates, that is political parties and implementation of the political activities with an aim to frame public opinion for the purpose of accomplishing political goals.
  • Political activity entails any activity towards bodies, institutions or elected representatives of the RS or RS representatives at the BiH institutions in terms of formulating, adopting or amending regulations and policies of the RS or in regard to political and public interest.
  • In light of paragraphs 1 and 2 of this Article, the NPOs are not allowed to engage in political activities neither political operation.

Article 4

The term political operations does not concern in light of this law any operation/activity in the area of science, culture, social and healthcare protection, sports, consumers’ protection, protection of national minorities and disabled people, environmental protection, fight against corruption, philanthropy, volunteerism and information.

Article 5

The materials NPOs are publishing via electronic media, IT and telecommunications networks or are in any other way distributed, must contain the NPO mark.

Article 6

  • The following data are included in the Registry for the NPOs:
  • name, surname and address, seat and name of the founder;
  • act of foundation and decision on registration issued by the competent body;
  • statute, and
  • NPO bodies.

Article 7

The registry of the NPOs is managed by the Ministry of Justice.

Article 8

  • The NPO submits an application for registry inclusion, to be defined by the Minister, with the Ministry of Justice.
  • The application is submitted 15 days following the date of registration of the NPO with the competent body.
  • The applicant is obligated to submit addenda to the application within 30 days following any change regarding its activities.

Article 9

The rules of the general administrative proceeding shall be applied if determined during the process of application submission that either the application or the addenda to it were incomplete.

Article 10

  • Data recorded in the Registry, as well as the documentation on grounds of which registration is performed must be available and provided for inspection to the competent inspection body.
  • Upon request of the RS body or the competent RS National Assembly Committee, the RS Ministry of justice submits information on the Registry content.

Article 11

  • NPO is obligated to submit semi-annual and annual financial reports to the Ministry of justice with a clear indication of who paid it, the amount of allocated funds, type and amount of fee and revenue expressed in currency or other value, as well as the report on expenditure of funds.
  • The Ministry of justice submits the financial report to the Tax Administration for review/control of financial operations.

Article 12

The competent inspection body is in charge of performing control over legality of work of the NPO.

Article 13

Regular inspection control over the legality of work of the NPO is performed once a year.

Article 14

Under extraordinary circumstances, the inspection control over legality of work of the NPO can be performed upon requests of citizens, publicly available information, RS bodies or upon request of the competent RSNA Committee.

Article 15

In the event of NPO acting contrary to the provisions of this act, the minister of justice submits request with the competent court to ban work of the NPO in line with the provisions of the RS Law on Associations and Foundations.

Article 16

If the NPO, in performing its operation, acts contrary to the RS Constitution and RS regulations, that is when it acts as foreign influence agent at the detriment of the individual and other rights of citizens or incites to violence, uses speech of hatred or incites religious or any other intolerance with an aim to accomplish political goals or if Tax Administration determines irregularities in the financial operation, the Ministry of justice shall initiate proceeding before the competent court for the ban of work, as well as initiate procedure against responsible representatives in line with the RS Criminal Code (OG 64/17, 104/18 – RS Constitutional Court decision, 15/21 and 89/21).

Article 17

The provisions of the RS Law on foundations and association are applied on issues not regulated under this act.

Article 18

  • The NPO shall be fined with BAM 1000 to 5000 in the event of:
  • failing to mark the promotional material in line with Article 5 of this Law;
  • aailing to submit application or provides inaccurate information/datae on the application for registration or its addenda foreseen udner Article 6 of this Law;
  • failing to submit addenda to the application of changes within deadline foreseen under Article 8, para 3 of this Law; and
  • aailing to submit financial report foreseen udner Article 11 of this Law.

Article 19

  • The Ministry of Justice shall create Registry within 6 months following effective date of this law.
  • The Minister of justice shall determine and define the application form foreseen udner Article 8, para 1, within 60 days following effective date of this law.

Article 20

This act shall take effect on the 8th day following its publication in the RS OG.