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PLACE AND ROLE OF INTELLIGENCE AND SECURITY AGENCY OF BOSNIA AND HERZEGOVINA IN SECURITY SYSTEM OF BOSNIA
AND HERZEGOVINA


Reform of security agencies in Bosnia and Herzegovina was set as one of the key requirements for beginning of negotiation of Bosnia and Herzegovina with European Union for agreement about stabilization and associating. International community has requested Law of unique intelligence and security service to be adopted as soon as possible and first initiative started in 2002 after November conference in London when the "London's declaration of organized crime on Balkan" was adopted.

This huge International Conference about organized crime in south-eastern Europe, hosted by British Government, showed that the struggle against organized crime has been included in main activities, not only by states in region, but also by International Community, in this case represented by European Union. That determination has required reform of security system in Bosnia and Herzegovina, and in the region as whole, with aim of more efficient and more organized struggle against threats posed by international organized crime and terrorism.

Participants of the Conference in London committed themselves to struggle against organized crime on its source, in transit, through border line crossings and, at least, at the main destination, more precisely by activities against criminals from the region who operate in foreign countries. International Community, as it was mentioned in this document, will continue to provide support to countries in the region to fulfill obligations taken by participants at the Conference in London, which will have to make, in return, tangible results.

Exactly that -tangible results- are expected now from Intelligence and Security Agency of Bosnia and Herzegovina, which has got the important place in Bosnia and Herzegovina and in region, that through cooperation with other Institutions in security system within and out of Bosnia and Herzegovina, responds to competences, which were precisely stated by foreign and domestic law experts, and realized by legislative body when adopting Law about Intelligence and Security Agency of Bosnia and Herzegovina, in which way this institution has been placed in focus of internal, regional and European efforts in struggle against criminal and corruption and in introducing the rule of justice in the region.

ESTABLISHING OF INTELLIGENCE AND SECURITY AGENCY OF BOSNIA AND HERZEGOVINA

On 22 March 2004 based on Article IV.4.a of Constitution of Bosnia and Herzegovina, Parliament Assembly of Bosnia and Herzegovina, at the session of House of Representative and House of People, adopted Law of Intelligence and Security Agency of Bosnia and Herzegovina. This law came into force eighth day after been published in Official Gazette of Bosnia and Herzegovina, number 12 from 14 April 2004, and the Agency started to work on 01 June 2004.

The Law established the Intelligence and Security Agency which is responsible for collecting, analyzing and distribution intelligence information with aim to protect security, including sovereignty, territorial integrity and constitutional order.
It is important to emphasize that the Agency carries out its duties in according to regulation of Constitution of Bosnia and Herzegovina, including regulation of European Convention for Protection Human Rights and Main Freedoms and its Protocols, International contracts and agreements which Bosnia and Herzegovina signed or joined to.

According to the Law's solutions, the Agency is civilian intelligence and security Institution that has status of independent administrative organization in Bosnia and Herzegovina. The Agency has a status of legal person.

Agency combined civilian intelligence and security Institutions which were working formerly in entities - Federation of Bosnia and Herzegovina and Republic Serbska. Law forbids all other civilian intelligence and security agencies to be established or to work in Bosnia and Herzegovina.

Funding for the Agency is provided in whole from the state budget, in according to Law which regulates Treasury of Bosnia and Herzegovina's Institutions.

 

 

COMPETENCE OF INTELLIGENCE AND SECURITY AGENCY OF BOSNIA AND HERZEGOVINA

Intelligence and Security Agency is responsible for collecting intelligence information related to threats against security of Bosnia and Herzegovina, not only inside, but also out of the State. The Agency is responsible for analyzing of gathered information and providing it to authorized officials and bodies (highest authorities and its representatives), and also is responsible to collect, analyze and pass intelligence information with aim to provide support to the authorized officials, as it is defined by the Criminal Code of Bosnia and Herzegovina, and to other relevant bodies in Bosnia and Herzegovina, when its necessary for repressing threats to security of Bosnia and Herzegovina.

"Threats to the security of Bosnia and Herzegovina" are distinctly defined. In that context, threats are considered as threats to sovereignty, territorial integrity, constitutional order and basics of economical stability of Bosnia and Herzegovina, and also threats to global security which are harmful for Bosnia and Herzegovina (and also for region, EU and World in the whole).

It is about threats from aspect of terrorism, including international terrorism; threats from aspect of espionage directed against Bosnia and Herzegovina or harmful for security of Bosnia and Herzegovina in anyway; threats from aspect of sabotage directed against vital national infrastructure of Bosnia and Herzegovina, or in other way directed against Bosnia and Herzegovina; threats from aspect of organized crime directed against Bosnia and Herzegovina or harmful for security of Bosnia and Herzegovina in anyway; threats from aspect of drugs, or weapons and human trafficking directed against Bosnia and Herzegovina, or harmful for security of Bosnia and Herzegovina in anyway; threats from aspect of illegal production of weapons for mass destruction, or its components, as well as materials and devices needful for its production; threats from aspect of illegal trafficking with products and technology which are under International control; threats from aspect of acts punishable by International Humanitarian Law and threats from aspect of organized crime or threats to national or religious groups in Bosnia and Herzegovina.