Open navigation
Bosniak English

Guidelines

For inspection by Bosnia-Herzegovinian Competition Authorities

<<Back

What documents must the officials present?

Bosnia-Herzegovinian Competition Authorities
 

  • In principle, the officials must present a request from the Competition Council of Bosnia and Herzegovina for an inspection of premises and documentation.  
  • If the officials present such request, check very carefully: 
    • Is our company the addressee?  
    • What accusations are being raised against our company (subject matter of the inspection)? 
    • Where and what may the officials search? 

Where and how may the officials search?

Bosnia-Herzegovinian Competition Authorities
 

  • Immediately after the arrival of the officials, ask to consult your external lawyer or your legal department, and kindly ask the officials to wait until the lawyer(s) arrive. Important: the officials have no obligation to wait for the arrival of the lawyer(s). 
  • You are not obliged to actively assist the inspection. However, you are obliged to grant the officials access to business premises of the company, as well as movable and immovable property, business books, databases and other documentation of the company. If you refuse, there is a risk of high fines for the company and the persons responsible. Therefore cooperation is advisable. 
  • The inspection can extend to all business premises, cupboards, desks, safes, cars, IT systems or persons. You may not deny the officials access to any such premises and/or objects. 
  • The officials are also entitled to ask questions (see below at 4.). 
  • Make detailed written notes of all actions, statements and questions of the officials. 
     

What may the officials search?

Bosnia-Herzegovinian Competition Authorities

Documents

  • Based on a request by the Competition Council, the officials have the right of direct inspection of all necessary notifications, written submissions, documents, electronic messages, recordings, as well as any other items containing stored information, regardless of the medium on which they are stored, right to take oral statements, as well as to request additional written statements. Make a copy of all documents that have been inspected. Note: According to the Instructions on collecting data by conducting direct inspection of BiH, officials of the Competition Council may photocopy or record exempted documentation. 
  • Important: Make copies of all documents which are copied or seized by the officials. 
  • Officials may inspect the premises of other persons (e.g. members of the management of the company) and seize documentation and/or objects of these persons only with a court order. The following documents may not be seized, copied or inspected by the officials: 
    • Correspondence in the company with an external lawyer; 
    • Private documents provided they are of no significance as evidence. 
  • If the officials want to inspect such privileged documents, only show those parts of the documents which prove their privileged character. If the privileged character of certain documents is contested, request that these documents be placed in sealed envelopes or boxes until a final decision as to the privileged character has been made. 
  • If the officials refuse to act in that manner and seize or copy privileged documents, do not resist such copying or seizure. State your objections and make a copy of all such documents, and record in detail the statements and actions of the officials regarding such objections. 

Computer and other objects

  • The officials are also entitled to seize computers and other objects with a court order, and to make electronic copies of computer files (without court order). However, request that computers are left at the company – if officials intend to seize them state your objections and record the statements and actions of the officials regarding the objections but do not resist. Grant access to computer files by providing passwords or administrative access. Important: always make an electronic copy of all computer files which the officials take away or copy. 
  • If appropriate, inform the officials that documents - which are privileged or which are not related to the accusations - are saved on the computer and object to their copying. In this case request that the officials do not seize the computer or data storage media, respectively. If the officials refuse do not resist. State your objections and make a copy of all such files, and record in detail the statements and actions of the officials regarding the objections. 

Who may be questioned by the officials and how?

Bosnia-Herzegovinian Competition Authorities

The FCA may also question the company employees while conducting an inspection. However, only the owner of the company and its representatives or the statutory or legal representatives of legal entities are obliged to provide information (unless the FCA formally interviews an employee as a witness). When questions are raised that do not only concern the conduct of the inspection, refer the officials to the company management.

  • Ask to be questioned only in the presence of an external lawyer.
  • Make sure that all questions and answers are recorded during the interview. Sign the records only if they are correct and complete. Never sign any other document before having consulted the external lawyer. Ask for a copy of the records.

  • Questions about personal details (incl. profession) must be answered. 

  • Ask if you are questioned as a (potential) suspect or as a witness. 
  • If you are questioned as a (potential) suspect, you have the right to remain silent with respect to questions on the subject matter. In that event do not make any statement on the subject matter. 
  • If you are heard as a witness, insist on the presence and consultation of an external lawyer. As a witness you are entitled to refuse to answer all questions which could incriminate you (or a close relative). All other questions must be answered. 
  • Answer only questions actually relating to the inspection. Answer only the questions asked. Give short and precise answers. Tell the officials if you do not know the answer to a question. Do not make any assumptions. Do not volunteer information which the officials do not request. 
Back to top Back to top
If you want to use third party tools, please enable personalisation cookies as part of your cookie preferences. You can change this setting at any time via the button below or in our Cookie Notice.