SERBIA BACKGROUND CHECK

GENERAL INFORMATION

GDP USD45.52bn (World ranking 87, World Bank 2013)
Population 7.2 million (World ranking 101, World Bank 2013)
Form of state Republic
Head of government Aleksandar Vucic
Next elections 2017, presidential

 

CURRENT LOCAL TIME

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PRODUCTS IN SERBIA

Data Protection

Data Protection Laws Not Found

(Entered into force on: December 14, 2004)

General Principles

Article 16 Gifts

Employee is not allowed to seek or accept money, gifts, favours, hospitality or any other advantage for himself or others, that are related to his public service.

Article 17 Response to Unlawful Offers

If the Employee is offered a gift or another advantage in connection with his public service, he is liable to take the following steps:

Refuse the unlawful offer, make a report in writing and inform thereof his superior or the authorities responsible for the misconduct in question.

Report the individual making the offer and avoid any contact with that person.

If the gift cannot be returned to sender, it should be given to the competent authority with an official statement.

Deliberate impartially in the matter involving the unlawful offer.

(Enter into force on 1 January 2010.)

I. GENERAL PROVISIONS

Article 1

This Act governs establishment, legal status, competencies, organization and operation of the Agency for combating corruption (hereinafter “the Agency”), rules concerning prevention of conflicts of interest in discharge of public office and property disclosure reports of persons holding public office, introduction of integrity plans, as well as other issues of relevance for the work of the Agency.

Meaning of Terms

Article 2

For the purpose of this Act the following terms shall mean:

“corruption” is a relation based on abuse of office or social status and influence, in the public or private sector, with the aim of acquiring personal benefits for oneself or another;

“official” is every person elected, appointed or nominated to the bodies of the Republic of Serbia, autonomous province, local self-government unit, bodies of public enterprises, institutions and other organisations established by the Republic of Serbia, autonomous province, local self-government unit and other person elected by the National Assembly;

“public office” denotes a function in the bodies of the Republic of Serbia, autonomous province, local self-government unit, bodies of the public enterprises, institutions and other organisations established by the Republic of Serbia, autonomous province, local self-government unit as well as functions of other persons elected by the National Assembly and implies managing, decision-taking and enactment of general and individual acts authority.

“associated person” is a spouse or a common-law partner of the official, lineal blood relative of the official, lateral blood relative to the second degree of kinship, adoptive parent or adoptee of the official, as well as any other legal entity or natural person who may be reasonably assumed to be associated in interest with the official.

“private interest” is any kind of benefit or advantage to the official or associated per “conflict of interests” is a situation where an official has a private interest that affects, may affect or may be perceived to affect actions of an official in discharge of office or official duty in a manner that compromises public interest;

“gift” is money, thing, right and service performed without adequate compensation and any other benefit given to the official or associated person in respect to discharge of public office;

“”protocol gift” is a gift to the official from a foreign state, its body or organization, international organization or foreign legal entity, received during a visit or on other similar occasions.

II. THE AGENCY

Article 3

The Agency is an autonomous and independent government body.

The Agency is accountable to the National Assembly of the Republic of Serbia for performance of duties from its purview.

The Agency has the status of a legal entity.

Provisions of the law governing administrative procedure shall accordingly apply to procedure before the Agency not regulated hereunder.

The funds for operation of the Agency shall be provided in the budget of the Republic of Serbia, at the proposal of the Agency, and from other sources, in accordance with law.

The Agency autonomously disposes with funds specified in paragraph 5 of this Article, in accordance with law.

Seat and organisational units of the Agency

Article 4

The seat of the Agency is in Belgrade.

The Agency may establish organizational units outside its official seat.

Organisational units specified in paragraph 2 of this Article do not have the status of a legal entity.

Competencies of the Agency

Article 5

The Agency:

supervises implementation of the National Strategy for Combating Corruption (hereinafter “the Strategy”), the Action Plan for Implementation of the National Strategy for Combating Corruption (hereinafter “the Action Plan”) and sector action plans;

institutes proceedings and pronounces measures for violation of this Act;

rules on conflict of interest;

performs tasks in accordance with the law governing financing of political parties;

issues opinions and directives for enforcing of this Act;

launches initiatives for amending and enacting regulations in the field of combating corruption;

gives opinions related to implementing of the Strategy, Action Plan and sector action plans,

monitors and organises coordination of the government bodies in the fight against corruption;

keeps a register of the officials;

keeps a register of property and income of officials (hereinafter “Property Register”);

extends expert assistance in the field of combating corruption;

cooperates with other government bodies in drafting regulations in the field of fight against corruption;

issues guidelines for developing integrity plans in the public and private sector;

introduces and implements education programs concerning corruption, in accordance with this Act;

keeps separate records in accordance with this Law;

acts on complaints submitted by legal entities and natural persons;

organises research, monitors and analyses statistical and other data on the state of corruption;

in collaboration with competent government bodies monitors international cooperation in the fight against corruption;

performs other tasks set forth by law.

Agency Bodies

Article 6

The bodies of the Agency are the Board and the Director.

Board

Article 7

The Board appoints and dismisses the Director of the Agency, decides on appeals against decisions of the director pronouncing measures in accordance with this Law, adopts the annual report on operation of the Agency which it submits to the National Assembly, performs supervision over the work and property status of the Director, proposes budget funds for operation of the Agency, enacts the Agency Rules of Procedure and perform other tasks set forth under this Act. The Board may, at the proposal of the Director, establish advisory or working bodies of the Agency.

Election Requirements for Member of the Board

Article 8

A person may be elected member of the Board who meets the general requirements for employment in government administration bodies, holds university degree and has minimum nine years of experience and has not been convicted for a criminal offence making him unworthy to discharge the function of member of the Managing Board.

A member of the Board may not be a member of a political party and is subject to the same duties and prohibitions applicable to officials under this Act, except the ban specified in Article 30, paragraph 1 hereof.

Composition of the Board

Article 9

The Board shall have nine members.

Members of the Board shall be elected by the National Assembly following the nomination by:

1.the Administrative Committee of the National Assembly;

2.the President of the Republic;

3.the Government;

4.the Supreme Court of Cassation;

5.the State Audit Institution

6.the Protector of Citizens and Commissioner for Information of Public Importance, through joint agreement;

7.the Social and Economic Council;

8.the Bar Association of Serbia;

9.the Associations of Journalists of the Republic of Serbia, in mutual agreement.

A candidate for member of the Board who is nominated by nominators specified in para 1, items 8) and 9) may be from the ranks of the nominators.

Term of Office of Member of the Board

Article 10

The term of office of member of the Board is four years.

The same person may be elected member of the Board twice at most.

Emoluments for the Work of the Board Member

Article 11

A member of the Board is entitled to monthly remuneration equal to two average monthly net salaries in the Republic of Serbia.

Termination of Office of the Board Member

Article 12

The office of member of the Board shall terminate with expiration of the term of office, by resignation, permanent incapacity to discharge the function due to illness and on basis of findings of the relevant medical institution and by dismissal.

The nominators are obliged to submit nominations for election of a new member of the Board three months prior to expiry of the term of office.

If the office of a Board member terminates prior to expiry of the term, the nominator is required to submit a list of candidates for a new member to the National Assembly within 30 days from the day of occurrence of circumstances specified in paragraph 1 of this Article.

Dismissal of Board Member

Article 13

A member of the Board shall be dismissed in case of dereliction of duty, if he/she becomes a member of a political party, discredits the reputation or political impartiality of the Agency, if convicted for a criminal offence making him/her unworthy of the function of member of the Board or if determined that he has committed a violation of this Act.

The procedure to determine whether there are grounds for dismissal of a member of the Board shall be conducted by the Board.

The procedure referred to in para 2 of this article may be initiated following the proposal of the Chairman of the Board, at least three members of the Board, Director of Agency, and/or the nominator of the relevant member.

Decision on dismissal is passed by the National Assembly at the motion of the Board.

The Board may suspend its member who is subject to proceedings to establish whether grounds for dismissal exist.

Decision Taking

Article 14

The Board decides by majority of votes of all its members.

The work of the Board shall be managed by the Chairman, elected by the members of the Board among their number.

Director

Article 15

The Director shall represent the Agency, manage operation, organise and ensure lawful and efficient discharge of tasks of the Agency, issue decisions on the violation of this law and pronounce measures, prepare the annual report on operations of the Agency, drafts the proposal of budget funds for operation of the Agency, pass general and individual acts, decide on the rights, duties and responsibilities of the Agency staff, enforce decisions of the Board and perform other tasks determined by law.

Election Requirements for Director

Article 16

The Director may be a person who meets the general requirements for employment in government bodies, holds a degree in law and has minimum nine years of experience, is not convicted of a criminal offence making him unworthy of office of the Director.

The Director may not be a member of a political party and shall be subject to the same obligations and limitations that pertain to officials under this Act.

Public Competition for Election of Director

Article 17

The Director is elected by public competition announced by the Board.

The public competition is published in the “Official Gazette of the Republic of Serbia” and at least one public media with state-wide coverage.

Term of Office of Director

Article 18

The term of office of Director is five years.

The same person may not be elected more than twice as Director

Termination of Office of Director

Article 19

The office of the Director shall terminate with expiration of his term of office, by resignation, if permanently incapacitated to discharge the function due to illness and on basis of findings of the relevant medical institution and by dismissal.

The Board is required to publish a competition for election of a new Director three months before expiry of the term of office.

If the office of Director terminates prior to expiry of the term in office the Board is required to announce a competition for election of a new Director within 15 days from occurrence of circumstances specified in paragraph 1 of this Article.

Dismissal of the Director

Article 20

The Director shall be dismissed in case of negligent performance of duties, if he/she becomes a member of a political party, discredits the reputation or political impartiality of the Agency, if convicted for a criminal offence making him unworthy of the function or if determined that he/she has committed a violation of this Act.

The procedure to determine whether grounds exist for dismissal of the Director is conducted by the Board.

The procedure specified in para 2 of this article is initiated following the motion of the Board Chairman or at least three members of the Board.

Deputy Director

Article 21

The Agency shall have a Deputy Director, who is selected by public competition by the Agency’s Board.

The term in office of the Deputy Director terminates with election of a new Director.

Provisions of this Act that pertain to the Director shall accordingly apply to the Deputy Director.

Salary of Director and Deputy Director

Article 22

The Director is entitled to a salary equal to the salary of a minister, and the Deputy Director to a salary equal to the salary of a state secretary.

The Director and Deputy Director are entitled to remuneration in lieu of salary for the period of 6 months beginning from the end of office, in the amount valid on the day of end of office.

The right to salary specified in para 2 of this article shall cease before the expiry of six months if the ex director or deputy director concludes an employment contract or retires.

Secretariat of the Agency

Article 23

The Agency shall have a Secretariat that will be managed by the Director of the Agency.

Principles for internal organisation and job classification in ministries and special organisations shall apply to the internal organization and job classification of the Agency unless certain operational procedures at the Agency require different type of organization.

The Director, after obtaining the opinion of the Board and with the approval of the National Assembly committee in charge of administration, shall pass the Rules on Internal Organization and Job Classification of the Agency Secretariat.

Status of Secretariat Employees

Article 24

The regulations pertaining to civil servants and nominated officials shall also apply to the Secretariat employees.

The director may issue a special Code of Conduct for the Secretariat staff.

Obligations of Other Bodies and Organizations

Article 25

In performing tasks from its purview the Agency shall cooperate with other government bodies and organisations, territorial autonomy and local self-government bodies, public services and other legal entities.

Government bodies and organisations, territorial autonomy and local government bodies, public services and other legal entities with administrative authority shall be required to forward within 15 days, at the request of the Agency, all documents and information necessary to the Agency to perform the tasks from its purview.

Other legal entities with duties defined by the Strategy, Action Plan and Sector Action Plans shall also have the duty to forward documents and information specified in paragraph 2 of this Article.

Reporting

Article 26

The Agency shall submit an annual report on its operations to the National Assembly not later than 31 March of the current year for the preceding year.

The report referred in paragraph 1 of this Article also contains a report on implementation of the Strategy, Action Plan and Sector Action Plans.

The Agency may also submit special reports at request of the National Assembly the Agency or at own initiative.

The Agency submits the report specified in paragraph 1 and 2 of this Article to the Government.

III. CONFLICT OF INTEREST

Article 27

An official shall discharge the duties of public office in a manner that shall not subordinate the public interest to private interests.

An official shall observe the regulations concerning his rights and duties and shall secure and foster and maintain the trust of citizens concerning his conscientious and responsible discharge of public office.

An official shall avoid creating of relations of dependency towards persons that may influence his impartiality in discharge of public office and if such relation cannot be avoided or already exists he shall undertake everything that is necessary to protect the public interest.

An official must not use public office to acquire any benefit or advantage for himself or any associated person.

Prohibition to Discharge Other Public Office

Article 28

An official may hold only one public office unless obligated by law or other regulation to discharge several public functions.

As an exception to paragraph 1 of this Article an official may hold other public office with approval of the Agency.

Before accepting another public office or nomination for another public office, the official intending to discharge several public functions concurrently is required to request Agency approval. The official shall attach to the request a positive opinion of the body that has elected, appointed or nominated him to public office.

The Agency is required to pass a decision on the request specified in paragraph 3 of this Article within 15 days of receiving the official’s request. The Agency shall not issue consent for discharge of another public office if discharge of such office compromises discharge of public office held by the official, i.e. represents conflict of interest.

Should the Agency fail to pass a decision on submitted request within the period of time stipulated in paragraph 4 of this Article, the request shall be deemed approved, unless the official is prohibited from concurrent discharging of these two public offices by other regulation separate.

In respect of an official elected, appointed or nominated to another public office contrary to provisions of this Act, the latter function shall cease by force of law.

Holding of Political Party Function

Article 29

An official may performs a function in political party and participate in its activities if this shall not impede efficient discharge of the public office, provided that such engagement is not prohibited by law.

An official may not use the public resources and public meetings that he attends in capacity of official for promotion of any political parties.

As an exception to paragraph 2 of this Act an official may use public resources for personal security if use of such resources is governed by relevant regulations or decision of the services tasked with security of officials.

An official is required at all times to unequivocally present to his interlocutors and the general public whether he is presenting the viewpoints of the body in which he holds an office or viewpoints of a political organisation.

Engaging in Other Job or Activity

Article 30

An official may not perform other jobs or engagements during his tenure in public office that requires an employment contract to be signed.

As an exception to paragraph 1 of this Article, an official may engage in research, educational, cultural, humanitarian and sports activities without Agency approval if by doing so he does not compromise efficient and impartial discharge and dignity of public office. An official is required to report incomes from these activities to the Agency.

If the Agency determines that engagement or job referred to in paragraph 2 of this Article compromises impartial discharge of public office or represents a conflict of interest it shall set a deadline wherein the official is required to cease such engagement or job.

In addition to the jobs or engagements specified in paragraph 2 of this Article the Agency may, at request of the official, grant approval for performing other jobs or engagements. A civil servant holding office is required to submit, together with the request, the consent of his direct superior. The Agency is required to decide on the request within 15 days from the day of receiving the request.

If the Agency fails to issue approval within the timeframe referred in paragraph 4 of this Article it shall be deemed that it has given approval to perform other engagement or job.

The Agency may define by general act jobs or engagements for certain categories of public officials that they may engage in without approval referred in paragraph 4 of this Article.

Other law or regulation may prescribe also other jobs or engagements that a public official may not perform during tenure of office.

Engaging in Other Employment or Occupation at the Time of Taking Public Office

Article 31

An official who at the time of taking of public office is engaged in other employment or occupation, with the exception of jobs or occupations specified in Article 30, paragraph 2 hereof, is required within 15 days of taking office, to request consent from the Agency to continue with such employment or occupation. The Agency is required to decide on the request within 60 days of reception.

If determined that engaging in employment and/or occupation compromises efficient and impartial discharge or dignity of public office and/or represents a conflict of interest, the Agency shall in the decision referred in paragraph 1 set a deadline not exceeding a period of 60 days for the official to terminate engagement in such employment or occupation.

If the Agency fails to take decision within the deadline specified in paragraph 1 of this Article it shall be deemed that consent has been given for engagement in another employment or occupation.

Provisions of this Article do not relate to a member of the Managing or Supervisory Board of public enterprises from the ranks of employees.

The Agency may define by general act jobs or occupations for certain categories of public officials that they may engage in without approval referred in paragraph 1 of this Article.

Duty to notify of conflict of interest

Article 32

On taking the office and during discharge of public office, the official shall notify in writing his superior and the Agency within eight days regarding any doubts concerning his conflict of interest or an associated person’s conflict of interest.

The Agency may summon the official and request submitting of necessary data, for the purpose in order to obtain information on conflict of interest specified in paragraph 1 of this Article.

Should the Agency establish that a conflict of interest specified in paragraph 1 of this Article exists, it shall accordingly notify the official and the body wherein such official holds public office and propose measures for eliminating conflict of interest.

Provisions of paragraph 1 and 3 of this Article do not preclude application of provisions on disqualification set forth in other laws governing judicial or administrative procedures.

An act whose passing involved the official who was disqualified due to conflict of interest shall be null and void.

Prohibition of Establishing and Holding Of Function in Commercial Company During Tenure of Public Office

Article 33

During tenure of public office an official may not establish a commercial company or public service, nor commence engagement in private occupation, in terms of the law governing entrepreneurship.

An official may not hold management, supervisory or representative post in a commercial company, institution or other legal entity, unless so provided by law or other regulations.

Membership in Associations and Bodies of Associations

Article 34

As an exception to Article 33, paragraph 2 hereof an official may hold a post in bodies of professional associations. An official may, with Agency consent, be a member of bodies of other associations.

An official who is a member of an association may not receive reimbursement or gifts deriving from membership in the association, except travel and other costs.

Transfer of Managing Rights for Duration of Public Office

Article 35

Within 30 days of election, appointment or nomination, an official shall transfer his managing rights in any commercial company to a legal entity or natural person who is not an associated person, which rights shall be discharged by such legal entity or natural person on behalf of the official until termination of his term in office.

Within five days from the date of transfer of the managing rights, the official shall submit relevant data and proof to the competent bodies of the commercial company and the Agency concerning the person to whom the managing rights have been transferred.

The official is required to notify the commercial company of reasons for transfer of managing rights. The person to whom the official has transferred the managing rights shall become an associated person.

An official may not give information, directives and orders to the person to whom the managing rights have been transferred in accordance with provisions of paragraph 2 of this Article, or otherwise influence exercising of rights and duties in the commercial company through such person. The official is entitled to receive information on business operations of the commercial company.

Exceptionally, an official owning up to 3% share in a company is not required to transfer his/her managing rights to another legal entity or natural person.

Duty to Notify the Agency in Public Procurement Procedure

Article 36

A legal entity in which an official owns more than 20% shares or stock that is taking part in privatization, public procurement or other procedure whose outcome is conclusion of contract with an organ of the Republic, territorial autonomy, local government, other budget spending unit and/or other legal entity founded by an organ of the Republic, territorial autonomy or local government or a legal entity wherein more than 20% of the capital is in public ownership is obliged to accordingly notify the Agency within three days from the day of undertaking the first actions in the procedure, as well as on the final outcome of the procedure within three days of learning of its conclusion.

The Agency shall keep records of the legal entities specified in paragraph 1 of this Article. These records are public.

As an exception to paragraph 5 of this Article an act whose passing involved the official who reported conflict of interest in accordance with this Act shall not be null and void if it was not possible to appoint another person to participate in passing of the act.

Prohibition of Influence on an Official

Article 37

An official is obliged to promptly notify the Agency of any prohibited influence to which he has been subjected in the course of discharge of a public office.

The Agency notifies the competent body of the official’s allegations referred in paragraph 1 of this Article to institute disciplinary, misdemeanour and criminal proceedings, in accordance with law.

The body specified in paragraph 2 of this Article shall within 30 days from the day of receiving the notification inform the Agency on undertaken measures.

Prohibition of Other Employment or Business Relations Following Termination of Public Office

Article 38

During the period of two years after termination of the public office, the official whose office has ceased may not take employment or establish business cooperation with a legal entity, entrepreneur or international organisation engaged in activity relating to the office the official held, except under approval of the Agency.

The official whose office has ceased shall, prior to employment or business cooperation specified in paragraph 1 of this Article, seek approval of the Agency, which shall pass decision on this request within 15 days.

Should the Agency fail to pass a decision specified in paragraph 2 of this Article within the deadline, it shall be deemed that approval for employment or business cooperation has been given.

The ban referred in paragraph 1 of this Article does not refer to official elected on direct elections.

IV. GIFTS

Article 39

An official may not accept gifts in connection with discharge of a public office, except for protocol or other appropriate gifts, however, even in such cases the gift may not be in money or securities.

An official is required to hand over the protocol gift to the body competent to manage property in public ownership, unless the value of the gift does not exceed 5% of the value of the average net salary in the Republic of Serbia.

An official may not retain an appropriate gift whose value exceeds 5% of the average monthly net salary in the Republic of Serbia and/or appropriate gifts received during a calendar year whose aggregate value exceeds one average net salary in the Republic of Serbia.

The criteria for establishing what is deemed an appropriate gift and the duty of reporting and recordation thereof is determined by the Agency.

If necessary, the Agency establishes the value of the gift.

Rejecting Gifts

Article 40

An official who has been offered a gift that he is not allowed to accept shall reject such offer or promise and inform the giver that the gift, if accepted, will become public property.

If the official could not reject the gift, he/she shall hand over the gift to the body competent to manage property in public ownership.

An official is required to submit a written report on the event specified in paragraph 1 of this Article to his direct superior and the Agency, as soon as possible.

Duty to Report and Maintain Records of Gifts

Article 41

An official is obliged to report any gift received in connection with discharge of the public office to the government or other body, organisation or public service wherein he holds public office.

The government or other body, organisation or public service referred in paragraph 1 of this Article are obliged to keep separate records on the gifts specified in paragraph 1 of this Article. A copy of the records for the previous year shall be submitted to the Agency not later than 1 March of the current year.

The Agency shall notify the government or other body, organisation or public service referred in paragraph 1 of this Article of any determined violation of law.

The Agency shall publish a catalogue of the gifts for the previous year and notifications specified in paragraph 2 of this Article by 1 June of the current year.

Prohibition of Receiving Gifts by Associated Person

Article 42

An associated person may not receive gifts in connection with discharge of the public office of the official with whom such person is associated.

As an exception to paragraph 1 of this Article an associated person may receive a protocolary gift.

An official shall not be held responsible if he can prove that he could not affect the behaviour of the associated person who received the gift or that the gift received is not related to discharge of his public office.

A gift specified in paragraph 1 of this Article shall be subject to provisions of

Articles 39 and 41 of this Act.

V. PROPERTY DISCLOSURE REPORT

Article 43

The body in which the official holds an office is obliged to notify the Agency that the official has taken office and/or of termination of office, within seven days from the date or taking or termination of office. The Agency shall keep a Register of Officials.

The official is obliged to submit to the Agency within 30 days of election, appointment or nomination, a disclosure report concerning his property and income, or entitlement to use a flat for official purposes, and on the property and income of spouse or common-law partner, as well as of under-age children if they live in the same household (hereinafter “the Report”), on the day o

(Official Gazette of RS, Nos. 85/2005, 88/2005, 107/2005)

CHAPTER THIRTY THREE

OFFENCES AGAINST OFFICIAL DUTY

Soliciting and Accepting Bribes

Article 367

(1) An official who solicits or accepts a gift or other benefit, or promise of a gift or other benefit for himself or another to perform an official act within his competence that should not be performed or not to perform an official act that should be performed,

shall be punished by imprisonment of two to twelve years.

(2) An official who solicits or accepts a gift or other benefit or a promise of a gift or benefit for himself or another to perform an official act within his competence that he is obliged to perform or not to perform an official act that should not be performed,

shall be punished by imprisonment of two to eight years.

(3) An official who commits the offence specified in paragraphs 1 and 2 of this Article in respect of uncovering of a criminal offence, instigating or conducting criminal proceedings, pronouncement or enforcement of criminal sanction,

shall be punished by imprisonment of three to fifteen years.

(4) An official who after performing or failure to perform an official act specified in paragraphs 1, 2 and 3 of this Article solicits or accepts a gift or other benefit in relation thereto, shall be punished by imprisonment of three months to three years.

(5) A foreign official who commits the offence specified in paragraphs 1 through 4 of this Article shall be punished by the penalty prescribed for that offence.

(6) A responsible officer in an enterprise, institution or other entity who commits the offence specified in paragraphs 1, 2 and 4 of this Article shall be punished with penalty prescribed for that offence.

(7) The received gift or material gain shall be seized.

Bribery

Article 368

(1) Whoever makes or offers a gift or other benefit to an official, to within his official competence perform an official act that should not be performed or not to perform an official act that should be performed, or who acts as intermediary in such bribing of an official,

120 shall be punished by imprisonment of six months to five years.

(2) Whoever makes or offers a gift or other benefit to an official to, within his official competence, perform an official act that he is obliged to perform or not to perform an official act that he may not perform or who acts as intermediary in such bribing of an official,

shall be punished by imprisonment up to three years.

(3) Provisions of paragraphs 1 and 2 of this Article shall apply also when a bribe is made or offered to a foreign official.

(4) The offender specified in paragraphs 1, through 3 of this Article who reports the offence before becoming aware that it has been detected, may be remitted from punishment.

(5) Provisions of paragraphs 1, 2 and 4 of this Article shall apply also when a bribe is given or promised to a responsible officer in an enterprise, institution or other entity.

(6) A gift or other benefit seized from the person accepting the bribe may, in case specified under paragraph 4 of this Article, be returned to the persons giving the bribe.

(Entery into force on: 1 January 2006)

Special Part

Chapter Fifteen Criminal Offences Against Electoral Rights

Giving and Accepting Bribes in connection with Voting

Article 156

(1) Whoever offers, gives, promises reward, gift or other benefit to another in order to vote or not to vote in elections or referendum for or against a particular person or issue, shall be punished with fine or imprisonment up to three years.

(2) The penalty specified in paragraph 1 of this Article shall be imposed on whoever demands or receives a gift or other benefit to vote or not vote in elections or referendum for or against a particular candidate or issue.

(3) If the offence specified in paragraph 1 of this Article is committed by a member of an electoral board or other person acting in official capacity in respect of voting, such person shall be punished with imprisonment of three months to five years.

(4) A gift or other benefit shall be seized.

Chapter Thirty Three Offences Against Official Duty

Embezzlement

Article 364

(1) Whoever with intent to acquire for himself or another unlawful material gain appropriates money, securities or other movables entrusted to him by virtue of office or position in a government authority, enterprise, institution or other entity or store, shall be punished by imprisonment of six months to five years.

(2) If the offence specified in paragraph 1 of this Article results in acquiring material gain exceeding four hundred and fifty thousand dinars, the offender shall be punished by imprisonment of one to eight years.

(3) If the offence specified in paragraph 1 of this Article results in acquiring material gain exceeding one million five hundred thousand dinars, the offender shall be punished by imprisonment of two to twelve years.

Soliciting and Accepting Bribes

Article 367

(1) An official who solicits or accepts a gift or other benefit, or promise of a gift or other benefit for himself or another to perform an official act within his competence that should not be performed or not to perform an official act that should be performed, shall be punished by imprisonment of two to twelve years.

(2) An official who solicits or accepts a gift or other benefit or a promise of a gift or benefit for himself or another to perform an official act within his competence that he is obliged to perform or not to perform an official act that should not be performed, shall be punished by imprisonment of two to eight years.

(3) An official who commits the offence specified in paragraphs 1 and 2 of this Article in respect of uncovering of a criminal offence, instigating or conducting criminal proceedings, pronouncement or enforcement of criminal sanction, shall be punished by imprisonment of three to fifteen years.

(4) An official who after performing or failure to perform an official act specified in paragraphs 1, 2 and 3 of this Article solicits or accepts a gift or other benefit in relation thereto, shall be punished by imprisonment of three months to three years.

(5) A foreign official who commits the offence specified in paragraphs 1 through 4 of this Article shall be punished by the penalty prescribed for that offence.

(6) A responsible officer in an enterprise, institution or other entity who commits the offence specified in paragraphs 1, 2 and 4 of this Article shall be punished with penalty prescribed for that offence.

(7) The received gift or material gain shall be seized.

Bribery

Article 368

(1) Whoever makes or offers a gift or other benefit to an official, to within his official competence perform an official act that should not be performed or not to perform an official act that should be performed, or who acts as intermediary in such bribing of an official, shall be punished by imprisonment of six months to five years.

(2) Whoever makes or offers a gift or other benefit to an official to, within his official competence, perform an official act that he is obliged to perform or not to perform an official act that he may not perform or who acts as intermediary in such bribing of an official, shall be punished by imprisonment up to three years.

(3) Provisions of paragraphs 1 and 2 of this Article shall apply also when a bribe is made or offered to a foreign official.

(4) The offender specified in paragraphs 1, through 3 of this Article who reports the offence before becoming aware that it has been detected, may be remitted from punishment.

(5) Provisions of paragraphs 1, 2 and 4 of this Article shall apply also when a bribe is given or promised to a responsible officer in an enterprise, institution or other entity.

(6) A gift or other benefit seized from the person accepting the bribe may, in case specified under paragraph 4 of this Article, be returned to the persons giving the bribe.

Police Background Check Procedures

Who can apply?

• Serbian nationals and residing foreign nationals may apply.
• Third party representatives with the power of attorney can apply. The power of attorney must be attained at a Serbian court or nearest Serbian embassy.
• Prospective UK employers cannot apply.

Where?

• Local applicants must apply in person at their local police station of their birth or residence.
• Overseas applicants must attain a power of attorney at the Serbian embassy in London, and then appoint a third party representative (close relative) to enquire on their behalf.
• Serbian embassy does not accept applications for criminal record disclosures.

What must the applicant supply?

Applicants must supply:
• Completed form (obtained at station)
• Full name of subject
• Personal identity number
• Date and place of birth
• Names of parents
• Residence(s)
• Signature
Overseas applicants must also supply:
• Reason for request from prospective employer (“pre-employment screening”)

What are the costs/turnaround?

• Fee of RSD 50 (approx. GBP £5.00) payable via bank or post office.
• Turnaround time of 7-10 days for Belgrade born applicants.
• Turnaround time of 15 days for Serbian’s born outside Belgrade.
• Turnaround time of up to 3 months for applicants born outside Serbia.
• No fast track service available

Contact Details

The list below contains a list of all police offices in Serbia:
The relevant telephone numbers (where available) are provided below:
Bor
Telephone: 00381 030 422 444
Cacak
Telephone: 00381 032 222 701
Jagodina
Telephone: 00381 035
221 602
Kikinda
Telephone: 00381 0230 23 510
Kragujevac
Telephone: 00381 034 335 013
Kralevo
Telephone: 00381 036 231 777
Krusevac
Not available
Leskovac
Telephone: 00381 016 250 554
Nis
Telephone: 00381 018 511 222
Novi Pazar
Telephone: 00381 020 314 744
Novi Sad
Telephone: 00381 021 488 4000
Pancevo
Telephone: 00381 013 311 780
Pirot
Telephone: 00381 010 332 122
Pozarevac
Telephone: 00381 012 222 199
Prijepole
Telephone: 00381 033 711 946
Prokuple
Telephone: 00381 027 324 499
Sabac
Telephone: 00381 015 326 332
Smederevo
Telephone: 00381 026 224 112
Sombor
Telephone: 00381 025 466 539
Sremska Mitrovoca
Telephone: 00381 022 610 270
Subotoca
Telephone: 00381 024 552 933
Uzice
Telephone: 00381 031 513 688
Valevo
Telephone: 00381 014 294 300
Vrane
Telephone: 00381 017 421 151
Zajechar
Telephone: 00381 019 422 788
Zrenanin
Telephone: 00381 023 64 112
The contact details of the relevant department in Belgrade are:
Police Administration Bulevar Despota Stefana 107
Belgrade
Serbia
Tel: (+38) 111 3292622
Website: http://prezentacije.mup.gov.rs/upravapolicije/engleski/index%20engleski.htm (Serbian only)

Know Your Customer (KYC) Rules

Serbia is not considered a regional financial center. However, Serbia is situated on a major trade corridor known as the “Balkan route,” and commonly confronts narcotics trafficking; smuggling of persons, weapons and pirated goods; money laundering; and other criminal activities. Corruption and organized crime also continue to be significant problems in Serbia.

Serbia has long been and continues to be a black market for smuggled goods. Illegal proceeds are generated from drug trafficking, corruption, tax evasion and organized crime, as well as other types of crimes. Proceeds from illegal activities are invested in all forms of real estate and into sports, particularly football (soccer) club operations. Some gray money flows to Cyprus, reportedly as payment for goods and services; although GOS officials believe these monetary flows have become less significant over the past few years. Banks in Macedonia, Hungary, Switzerland, Austria and China continue to be destinations for laundered funds. Trade-based transactions, in the form of over- and under-invoicing, are a commonly used method for laundering money. There are reports that purchases of some private and state-owned companies have been linked to money laundering activities.

KNOW-YOUR-CUSTOMER (KYC) RULES:

Enhanced due diligence procedures for PEPs:

A PEP is an abbreviation for Politically Exposed Person, a term that describes a person who has been entrusted with a prominent public function, or an individual who is closely related to such a person. The terms PEP, Politically Exposed Person and Senior Foreign Political Figure are often used interchangeably

    • Foreign PEP: YES
    • Domestic PEP: NO

Serbia – KYC covered entities

The following is a list of Know Your Customer entities covered by Serbian Law:

    • Banks
    • Licensed bureaux de change and money transfer services
    • Investment fund management companies
    • Voluntary pension fund management companies
    • Guarantors and financial leasing and factoring providers
    • Insurance companies, brokers, and agencies, and insurance agents with a license to perform life insurance business
    • Persons dealing with postal communications
    • Broker-dealer companies
    • Casinos
    • Organizers of games of chance operated on the Internet, by telephone, or using telecommunication networks
    • Auditing companies
    • Licensed auditors, accountants and tax advisors
    • Real estate and credit intermediaries
    • Lawyers

Serbia – Suspicious Transaction Reporting (STR) Requirements:

Number of STRs received and time frame: 2,257 from January 1 to October 27, 2011

Number of CTRs received and time frame: 179,516 from January 1 to October 27, 2011

The following is a list of STR covered entities covered by Serbian Law:

    • Banks
    • Licensed bureaux de change and money transfer services
    • Investment fund management companies
    • Voluntary pension fund management companies
    • Guarantors and financial leasing and factoring providers
    • Insurance companies, brokers, and agencies, and insurance agents with a license to perform life insurance business
    • Persons dealing with postal communications
    • Broker-dealer companies
    • Casinos
    • Organizers of games of chance operated on the Internet, by telephone, or using telecommunication networks
    • Auditing companies
    • Licensed auditors, accountants and tax advisors
    • Real estate and credit intermediaries
    • Lawyers

MONEY LAUNDERING CRIMINAL PROSECUTIONS/CONVICTIONS:

Prosecutions: As of May 2011, prosecutions were pending against 255 individuals
Convictions: 19 as of May 2011

ENFORCEMENT AND IMPLEMENTATION ISSUES AND COMMENTS:

The GOS has taken a number of steps to improve its anti-money laundering/counter-terrorist financing (AML/CFT) regime over the past year. In May 2011, the Law on Capital Markets came into effect. The law adds market manipulation and insider trading as money laundering predicate offenses.

Serbia has yet to adopt legislation governing administrative freezing of assets in accordance with international standards. The Serbian government continues to insist the major problem in freezing terrorist assets without delay is jurisdictional (i.e., who would legally seize the assets). In practice, however, there is good cooperation among the Serbian Administration for the Prevention of Money Laundering (APML), the prosecutor‘s office, and police. This informal cooperation is effective, and APML officials anticipate that procedures formalizing the cooperative relationships will be codified in a draft law slated to be proposed in late 2011. This draft law has been in process for approximately 18 months, and it is unclear when, or if, this law will be adopted and implemented.

In late 2010, the AML/CFT law was amended to add wire transfer provisions to mandate that payer information accompany transfers of funds. Additionally, the amendment sets forth provisions for the licensing of compliance officers. The APML now holds organized exams for compliance officer certification and conducts training for compliance officers working in banks, insurance companies, brokers and dealers. In early 2012, the law is expected to be revised to expand coverage of the law to notaries. Although tipping off is prohibited, the AML/CFT law does not provide for any sanctions when the rule is breached by management or employees of obligors.

In cooperation with international partners the APML is working to improve its efficiency and operations, help reporting entities improve STRs, and improve the quality and quantity of ML indictments and convictions. In 2011, the APML began to utilize electronic exchanges of documents with obligors to enhance both security and efficiency. The APML is also studying the non-profit sector to analyze the legal framework. Additionally, with partner assistance, the APML, the National Bank of Serbia (NBS), the Securities Commission and other stakeholders are working to develop a national risk assessment for Serbia, as well as enhance the stakeholders‘ capabilities in terms of legislation, operations and capacities.

The numbers of prosecutions and convictions are for unknown time frames because Serbian authorities are unable to provide clear and precise statistics due to bureaucratic issues and divisions of responsibility among the Ministries of Interior and Justice, and APML, which all cover various aspects of ML issues.

The GOS and U.S. Government are currently negotiating an extradition treaty. The GOS maintains bilateral agreements on mutual legal assistance with 31 countries. The FIU has signed information sharing agreements with 15 countries.

Serbia should continue to pursue measures to improve supervision of Serbian securities firms and designated non-financial businesses and professions, and to provide these institutions with sufficient guidance to ensure they understand and are able to comply with their responsibilities under the AML/CFT law. The NBS and other supervisory bodies, as well as investigative agencies, the FIU, prosecutors, and judges require additional resources to build their professional capabilities. Law enforcement and prosecutors also need to make increased use of criminal money laundering charges.

Risk

Sovereign risk

The Economist Intelligence Unit expects the budget deficit to narrow gradually, from an estimated 7% of GDP in 2014, as a result of public-sector job and wage cuts, steps to privatise or close loss-making state firms, and pension reform. Fiscal consolidation efforts will be anchored by the new IMF programme for 2015-17.

Banking sector risk

Banks are well capitalised and should be able to withstand losses arising from a worse-than-forecast economic performance. However, the non-performing loan ratio is high, and Serbia is exposed to deleveraging and negative spillover effects from the Greek and wider euro zone sovereign debt crisis.

Political risk

The Serbian Progressive Party (SNS) won a resounding victory in the pre-term parliamentary election in March 2014 and formed a new government led by the party president, Aleksandar Vucic. The government has retained high popular approval ratings. We expect the government to be stable and to pursue fiscal and economic reforms under the new IMF agreement.

Economic structure risk

The CCC rating reflects relatively large external deficits and high levels of public and external indebtedness.

Travel Risk

Security

The decision to travel is your responsibility. You are also responsible for your personal safety abroad. The purpose of this Travel Advice is to provide up-to-date information to enable you to make well-informed decisions.

Areas bordering Kosovo

You should exercise a high degree of caution in the areas bordering Kosovo due to the potential for political tensions and possible unrest.

Areas bordering Macedonia

Given the recent events in Macedonia on May 9, 2015 you should exercise a high degree of caution in the areas bordering Macedonia due to the potential for political tensions and possible unrest.

Crime

The incidence of street crime is similar to that elsewhere in Europe, particularly in urban centres. Pickpocketing occurs at airports, on public transportation and in other public places. Foreigners could be targeted by thieves. Car thieves target four-wheel-drive and luxury vehicles more than other models.

Use common sense in determining the need to drive with car windows closed and doors locked.

Demonstrations

Demonstrations and roadblocks occur and have the potential to suddenly turn violent, especially in the vicinity of official buildings and foreign embassies. Avoid all demonstrations, large gatherings and roadblocks, follow the advice of local authorities and monitor local and international media.

Landmines

Special care should be taken in the areas that border Kosovo. Stay on the main roads as unexploded landmines and other unexploded ordnance remain in Serbia, particularly in the Presevo and Bujanovac districts (in southern Serbia).

Road travel

Secondary roads are often narrow and poorly maintained. The Ibarska Magistrala road is dangerous due to poor road conditions and traffic congestion. Expect delays along major or minor routes due to road construction.

There have been incidents where police have targeted vehicles with foreign plates, often demanding immediate cash payment for alleged traffic violations. If stopped, request a full explanation and, if an explanation is not forthcoming, request permission to speak to the Embassy of Canada in Belgrade.

Public Transportation

Public transportation is often old and overcrowded, especially in Belgrade. Use only officially marked taxis and pre-negotiate fares where meter is not in use. Make use of the taxi reservation service in the baggage claim area of Belgrade’s Nikola Tesla airport in order to avoid being charged exorbitant rates for transportation to the city centre.

Railway equipment is old. Trains are slow and often subject to delays. A number of companies offer domestic and international bus services. The larger firms have modern, well-maintained fleets.

See Transportation Safety in order to verify if national airlines meet safety standards.

fraud

Credit card fraud is common. See our Overseas Fraud page for more information on scams abroad.

General safety information

Exercise a high degree of caution in all places. Ensure that your personal belongings, passports and other travel documents are secure at all times, particularly on public transportation and in large crowds or public markets. Avoid showing signs of affluence and carrying large sums of cash.

Emergency services

Dial 192 for the police, 193 for firefighters, 194 for ambulance and 1987 for roadside assistance.

Annual Cases

Budget Autonomy No
Annual Budget of the Agency 185.595.000 RSD/2013
Per Capital Expenditure $ (US) 0.26
Expeniture as % of the GDP 0.002 %
Are employees protected by law from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)? Yes
Does your country have freedom of information legislation? Yes
Does your country have conflict of interest legislation? Yes
Does your country have a financial disclosure system to help prevent conflicts of interest? Yes
Who appoints the head of your agency? The head of the ACA, i.e. Director is appointed by the Board of the ACA through public competition.
Who has the authority to remove the head of the ACA? As envisaged by the Law on ACA, the Board of the Agency (composed of 9 members, elected by the National Assembly at the notion of the authorized proponents) appoints and dismisses the Director of the Agency.
Is there any term limit for the head of the ACA? Yes , the mandate of the head last five year. The head can be reelected just once more for the period of 5 year.
Does your agency measure performance? Yes
Percentage of total budget allocated to outreach activities and communication
Other, please specify
Increased level of total budget allocated to the work of ACA
Number of decisions and other measures against public officials for conflict of interest
Number of concluded checks of disclosure reports of officials as well as of the financial reports of political entities (for both regular work and election campaigns)
Number of public officials, gifts and disclosure reports registered
Number of processed complaints cases
Number of revised integrity plans
Number of trainings, conducted by ACA and attended by ACA staff, pertaining to corruption prevention and strengthening of the anti-corruption standards
Number of meetings pertaining to international cooperation in curbing corruption held
Full access to Government Yes

Address Format

RECIPIENT
STREET_NAME HOUSE_NUMBER
LOCALITY
POSTAL_CODE LOCALITY
[PAK]
SERBIA

Sample

Markovic Marko
ul. Takovaska br. 28
Misar
11000 BEOGRAD
281531
SERBIA

 

Summary

Calendar GMT Reference Actual Previous Consensus Forecast
2015-01-30 11:00 AM Q4 -1.6% -3.6%
2015-02-27 11:00 AM Q4 -1.8% -3.8% (R) -1.6% -1.6%
2015-04-30 11:00 AM Q1 -1.9% -1.8% -4.4%
2015-08-31 11:00 AM Q2 -4.42%
2015-10-30 11:00 AM Q3 -4.45%
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