National presentation in customs area, inspection authorities and IPR examples of seizures in Bosnia and Herzegovina. Location: Jiangsu Inspection and Quarantine Institute of Quality (JSIQ), Changzhou, China, October 15th - November 4th, 2015.
Jiangsu Inspection and Quarantine Institute of Quality is an affiliate of Jiangsu Entry-Exit Inspection and Quarantine Bureau as an independent legal entity, and also the International Communication and Co-operation Base directly under General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic of China, and which is a comprehensive scientific research institution integrates international communication, quality research, comprehensive training, administration and consultation. Relying on the advantages as excellent inspection and quarantine talents, information and technology, JSIQ constantly strives to study, explore and promote the new theory and new technology in the fields of commodity inspection, quarantine of animal, plant and their products, health quarantine of entry-exit persons, food sanitation and safety, certification and accreditation, standardization and so on; provide the enterprises with support in theory and guidance in technology for the improvement of the product quality and promotion in the international competitiveness.
Bosnia and Herzegovina, National Presentation, Changzhou, China
1.
2. Flag
Situated in Southeastern Europe on the Balcan Peninsula
Population 3.900.000, Area 51.197 km2
Capital and largest city – Sarajevo – population 440.000
GDP (PPP) 2014 - Total $ 19.122 billion, Per capita $ 4.939
Currency: Convertible mark (BAM) – 1 USD = 1.72 BAM
Bosnia and Herzegovina
3. Bordered by Croatia, Serbia and Montenegro
20 km of coastline on the Adriatic sea
Combination of continental and mediterranean climate
Mostly mountainous, the highest point is at 2.386 m
Close to 50% is forested
4. Country is decentralized – comprises two autonomous entities and one district
- The Federation of Bosnia and Herzegovina
- Republika Srpska
- Brcko District
5. Bosnia and Herzegovina
Economy
Metals, wood products, and clothing are major export commodities by B&H to
other countries.
Bosnia and Herzegovina's mineral resources - iron ore, lead, zinc, manganese,
and bauxite
Main industries - steel production, vehicle assembly, textiles, tobacco products,
wooden furniture and domestic appliances
Foreign direct investments in 2014 - €419 million
Last 10 years top investor countries – Austria, Serbia, Croatia, Slovenia, Russia,
Germany, Switzerland and Netherlands
Last 10 years investments by sector - manufactoring, banking,
telecommunication and trade
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6. Bosnia and Herzegovina
B&H Foreign Trade in Goods Statistics 2014 (total – China)
Export amounted to 5.892 billion USD
Import amounted to 10.991 billion USD
The coverage of import by export was 53,6 %
Export to China amounted to 9.195.000 USD
Import from China amounted to 922.478.000 USD
The coverage of import by export with China was 1 %
The participation of imported goods originally from China amounted
to 11,92 % of total imports
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Country Export Import Coverage IM/EX
Total USD 5,892 billion 10,991 billion 53,6 %
China USD 9,195 million 922,478 million 1 %
7.
8. In the course of 2004 the former customs administrations of the entities and
District Brcko were merged
1 January 2005 – Authority as an integral entity
ITA is an autonomous administrative organization, through its Governing
Board,to the Council of Ministers of B&H
The Headquarters of ITA is in Banja Luka
ITA has over 3.000 employees
Revenue collection in 2014: 4,9 billion BAM (2,85 billion USD)
The participation of indirect taxes in the total budget revenues amounts to
68%
10. ITA is responsible for enforcement of legal provisions and policy on indirect
taxations
Responsible for the collection of all indirect taxes in B&H
Value added
tax
Customs duties
Excise duties Road taxes
11. Our prioprities are :
Accelerate the flow goods and people
Enhance the level of security of citizens
Develop cooperation with other institutions
Harmonize the procedures and align the legislation with the EU
standards
Fight against illicit trafficking, customs and tax frauds
12. Five sectors
The Customs Sector The Tax Sector
The Business Services
Sector
The IT Sector
The Low Enforcement
Sector
13. The Tax Sector – second largest sector is responsible for implementation
of VAT provisions
The Law Enforcement Sector – detect, investigate, document and process all
types of smuggling, customs and tax frauds and other violations of
provisions
The Business Services Sector – providing administrative and logistic support
for the successful functioning of the ITA
The IT Sector – responsible for maintaining, planning and ICT development,
serving as a basis for everyday functioning of all other ITA organizational
units
14. provides the customs service of B&H
responsible for the collection of all customs duties, excise duties on the
imported goods and road taxes
responsible for collection of VAT on importation
has responsibility for security of the citizens of B&H in cooperation
with other institutions and inspection services
customs officials and inspection services have responsibility for
ensuring the quality and authenticity of goods
continuos fight against trafficking in prohibited goods and substances
responsible for prevention of illegal movement of goods and people
15. Customs Sector
( Assistant Director)
Tariff and Valuation
( Head of Unit)
Procedures
( Head of Unit)
Control
( Head of Unit)
Four Regional centers : Sarajevo, Banja Luka, Tuzla and Mostar
16. Import and export procedures at :
- 40 road border crossings
- 30 customs branch offices
- 4 border crossings at the airports
- 3 customs post offices
- 8 railway border crossings
- 4 free zones
Sector has 1400 employees
17. Bosnia and Herzegovina
Current situation – The topic of the Seminar
1) National condition
2) Institutes for import and export commodity inspection
3) Laws and regulations on import and export commodity
inspection, policies on IPP, standards for product inspection
4) Pre-shipment inspection system
5) Situation on fake and counterfeits (cases, brand, products)
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18. 1) National condition
International Trade Agreements
B&H has signed several agreements concerning trade facilitation and cooperation
Free trade agreement between the Republic of Turkey and B&H is entered into
force on 01/07/2003
Central European Free Trade Agreement (CEFTA) is a trade agreement
between non-EU countries in Southeast Europe (Serbia, Macedonia,
Montenegro, Moldova, Albania and Kosovo UNMIK) which B&H assessed on
01/01/2007 . The agreement went into effect on 22/11/2007.
The Stabilization and Association Agreement (SAA) between B&H and the EU
is entered into force on 01/07/2008
EFTA (European Free Trade Agreement - Iceland, Liechtenstein, Norway and
Switzerland) signed a free trade agreement with B&H which is entered into
force on 01/01/2015
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19. 1) National condition
Conventions
Bosnia and Herzegovina has accessed to the Convention establishing a
Customs Co-operation Council 04/07/2008 and became member of the World
Customs Organization
Bosnia and Herzegovina has accessed to the Convention on Temporary
Admission (Istanbul Convention) which entered into force 02/03/2010
B&H had become contracting party to the International Convention on the
Harmonized Commodity Description and Coding System 04/08/2012 which
entered into force 01/01/2014
Currently, B&H has observer status in the WTO and has expressed its readiness
to implement all the WTO frameworks and standards
B&H is moving closer to EU, Road Map for the Bosnia and Herzegovina's EU
Membership Application was handed over in June 2012
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20. 2) Institutes for import and export commodity
inspection
Bosnia and Herzegovina has no joint administration for inspection affairs. All
duties relating to the import and export commodity inspection are the
responsibility of the individual Agencies, Institutes and Inspectorates. All
institutions for their work correspond to the Council of Ministers of B&H.
Border Veterinary Inspection
Food Inspection
Market Inspection
Phytosanitary Inspection
Agency for Medicinal Products and Medical Devices
Institute for Standardization
Institute for Metrology
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21. Border Veterinary Inspection
Legal basis: Law on Veterinary Medicine and Law on Food as well as the
numerous Bylaws (regulations, orders, instructions, decisions, etc)
Conducts inspection and supervision of international transportation of
animals, products of animal origin, animal feed and veterinary medicines
Monitors requirements for issuing international health certificates and
participates in preparation and drafting of appropriate certificates
Controls veterinary-health conditions for export, import and transit of animals
and products of animal origin, animal feed and veterinary medicines and
implements relevant measures prescribed by the decision on inexistence of
veterinary and health obstacles for import and transit
Border Veterinary Inspection conducts veterinary and health checks and
controls over import, transit and export of consignments of animals and
products of animal origin, objects and goods that potentially can transmit
contagious diseases, hence endanger the lives and health of people and animals
Border Veterinary Inspection is also entitled and obliged to conduct veterinary
control conditions related to transport of consignments, reload, temporary
storage and disinfection of vehicles
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22. Food Inspection
Legal basis: Law on Food and Law on Inspection as well as the numerous Bylaws
(regulations, orders, instructions, decisions, etc)
Supervision in terms of compliance with the rules relating to the quality and
safety of food and other areas of specific regulations
Control the import of food in terms of supporting documentation, the status of
the consignment, the quality of the hygienic and safety of food
Taking samples for laboratory analysis
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23. Market Inspection
Legal basis: Law on Inspection as well as the numerous Bylaws (regulations,
orders, instructions, decisions, etc)
Security of a free exchange of goods and services and prevent distortions of the
single market
Quality inspection of imported commodities regarding consumer protection
and safety of products
Inspection of documentation that accompanies the goods, declarations,
labeling, marking and packaging of products
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24. Phytosanitary Inspection
Legal basis: Law on Inspection as well as the numerous Bylaws (regulations,
orders, instructions, decisions, etc)
Plant health inspection in import, transit and export
Quality inspection of plant protection products in import and transit
Quality control of fertilizers and plant breeding of land upon import and
transit
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25. Agency for Medicinal Products and Medical
Devices
Legal basis: Law on Medicinal Products and Medical Devices as well as the
numerous Bylaws (regulations, orders, instructions, decisions, etc)
Protecting and promoting public health care by ensuring a supply of quality,
safe and efficient medicinal products and medical devices for use in human
medicine, and for the purpose of establishing a functional, coordinate and
uniform system for regulation of medicinal products and medical devices
establishing and supervising a unified market for medicinal products and
medical devices and ensuring their availability on the whole territory of Bosnia
and Herzegovina
Harmonizing the regulations with the international standards
The Agency is responsible for issuing licences for the import of medicinal
products and medical devices in Bosnia and Herzegovina as well as inspection
after importation
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26. Institute for Standardization
Legal basis: Law on Standardization as well as the numerous Bylaws (regulations,
orders, instructions, decisions, etc)
Prepares and publishes standards of B&H, represents and acts on behalf of
B&H in international, European and other organizations for standardization
In the field of conformity assessment, the Institute participates in establishing
and maintaining a system of certification and homologation in accordance
with the European model
provides assistance and information from standardization to all interested
entities
Full member of: ISO and ETSI
Associate member of: IEC, CEN and CENELEC
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27. Institute for Metrology
Legal basis: Law on Metrology, Measurement Units Law, Law on the Inspection
of Articles of Precious Metals as well as the numerous Bylaws (regulations,
orders, instructions, decisions, etc)
Performs verification benchmarks and issue licenses for importation
Performs testing and verification of articles of precious metals, keep the
register of approved manufacturers and importers characters articles of
precious metals
Establishes a etalon base and provides international traceability of
measurements
Carries out measurements and tests
Provides help and information in the field of metrology to all interested
entities
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28. 3) Intellectual property protection in B&H
The law on establishment of the Institute for intellectual property of Bosnia
and Herzegovina was adopted in September 2004
The Institute runs the administrative procedure for the acquisition,
maintenance, traffic and termination of industrial property rights (patent,
patent with short duration, trademarks, service mark, industrial design,
geographical designation) on the territory of Bosnia and Herzegovina
The Institute runs the procedure for the international registration of industrial
property rights on the basis of international conventions whose member is
Bosnia and Herzegovina
The Institute prepares foundations for Bosnia and Herzegovina's accession to
bilateral and multilateral agreements, conventions and treaties in the field of
intellectual property
The Institute performs with the aim of achieving international co-operation
with the institutions of other countries, as well as with international
organizations in the field of intellectual property
The Institute runs a register of representative for the protection of the
industrial property rights
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29. 3) Intellectual property protection in B&H
Legal Background
Patent Law
Trademark Law
Law in Industrial Designs
Law on Protection of Indications of Geographical Origin
Law on Protection of Topographies of Integrated Circuits
Copyright and Related Rights Law
Law on the Collective Management of Copyright and Related Rights
The regulations on the procedure for the recognition of the trade mark
The regulations on the procedure for the recognition of patent
The regulations on the procedure for the recognition of industrial designs
The regulations on the procedure for recognition of the origin of the product, the
origin and geographical names tags
Decision on implementation of customs measures for the protection of intellectual
property
Order of the jurisdiction of customs offices for clearance of certain goods
originating from Asian and African countries
Other numerous Bylaws (regulations, orders, instructions, decisions, etc)
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30. 4) Pre-shipment Inspection System in B&H
Pre-shipment inspections (PSI) are
not required by B&H Government
PSI are carried out only on a
voluntary basis on the buyer or on
the seller request to make sure that
the goods being shipped are in line
with the contractual specifications
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31. 4) Pre-shipment Inspection System in B&H
Example
Global Halal market is the fastest growing market whose value in 2009 was 456.4
billion euros.
World Halal market meets the needs of 1.8 billion Muslim customers
Halal product is a product that meets all the regulations on food safety, hygiene and
sanitation, whose composition does not contain a single ingredient that is forbidden for
Muslims to use, which applies the requirements of Halal production standards, and
which does not use prohibited raw materials and other resources. As such, Halal product
has no substitute and it is protected against competition
Halal standard is a document that clearly defines procedures of Halal certification
(what is allowed and what is forbidden to Muslims, how implementation of the
provisions of Halal standards is certified and verified, how the Halal slaughter of animals
is performed, how Halal products are marked and which aditives are Halal, and which are
not)
Halal standard is registered with the Institute for Standardization of B&H as a national
standard called Halal foods - requirements and measures, BAS 1049:2007. Halal standard
is compatible with other international standards that regulate the area of quality
production management (ISO, HACCP and others)
The Agency for Halal Quality Certification is a specialized institution of the Islamic
Community in B&H dealing with Halal certification of products, manufacturers and
services, and monitoring of requirements of Halal standard BAS 1049:2007 in companies
that have implemented the above requirements.
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32. 5) Situation on fake and counterfeits (cases,
brand, products)
2014/05/29 CO Gradiska
Container from China
10.480 pieces of sunglasses by brands
Gucci, Chanel, Ray-Ban, Prada, and
Burberry
3.600 pieces of various brands of watches
by Dolce Gabbana, Armani and Guess
1.500 wallets by Hugo Boss
6.624 Paco Rabanne perfumes, Chanel
and Hugo Boss
295.200 pieces of Durex condoms
5 bags of Nike labels
Temporarily confiscated
Estimated value 630.000 EUR
Legal proceedings before the Court is
not ended
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33. 5) Situation on fake and counterfeits (cases,
brand, products)
2014/11/29 CO Gradiska
Container from China
24.144 pieces of sunglasses by brands
Gucci, Chanel, Prada, and Burberry,
Cartier, Police, Giorgio Armani, Dior,
Ray Ban, Louis Vuitton, Hermes, Tom
Ford, Mon Blanc and Cavalli
The counterfeit sunglasses are found
together with other goods
Bad packaging sunglasses caused
suspicion of fakery
Confiscated
Estimated value 241.440 EUR
The importer was fined – 3.500 EUR
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34. 5) Situation on fake and counterfeits (cases,
brand, products)
2014/03/12 CO Sarajevo
Container from China
25.507 pieces of various brands of
watches by brands Puma, Adidas, Nike,
Emporio Armani, Cartier,
Dolce&Gabbana, Breitling and Hello
Kitty
The counterfeit watches are found
together with other goods
Bad packaging and quality caused
suspicion of fakery
Confiscated
Estimated value 360.000 EUR
The importer was fined – 4.500 EUR
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35. 5) Situation on fake and counterfeits (cases,
brand, products)
2015/05/17 CO Sarajevo
Container from China
300 pieces of famous brand “Kosmodisk
Classic” Spine Massager
The counterfeit commodity is found
together with other goods
The goods were declared as a toy at a
price of 2.00 USD per piece
Bad packaging and quality caused
suspicion of fakery
Confiscated
Estimated value 15.000 EUR
Legal proceedings before the Court is
not ended
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36. 5) Situation on fake and counterfeits (cases,
brand, products)
2015/08/08 CO Tuzla
Container from China
960 Paco Rabanne perfumes
960 Armani Code perfumes
The goods were declared as deodorants
at a price of 0.71 USD per piece
Temporarily confiscated
Estimated value 38.400 EUR
Legal proceedings before the Court is
not ended
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37. Edin Dzeko
The most famous
Bosnian footballer who
plays as a forward for
Italian club Roma. Also
he played for Manchester
City and Wolfsburg. He
led the national team at
the World Cup 2014 in
Brazil.
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