Article I 

(General Provisions) 

1. The Presidency of Bosnia and Herzegovina (hereinafter: Presidency) in the framework of its authority operates according to the Constitution of Bosnia and Herzegovina, General Framework Agreement for peace in Bosnia and Herzegovina and its annexes, the laws of Bosnia and Herzegovina and these Rules of Procedure.
   
   
2. The Presidency represents and symbolizes the sovereignty of Bosnia and Herzegovina, and shall have the duty to coordinate the activity of its institutions and defend the interests of the entities, relating to the constitutive peoples and all citizens.
   
   
3. The seat of the Presidency shall be in Sarajevo.

Article II 

(Technical Mandate)

1. At the end of direct elections for Members of the Presidency and until the newly elected Members of the Presidency take office in accordance with Article IV 1. of these Rules of Procedure, outgoing Members of the Presidency perform duties in the Presidency within the framework of the technical mandate.
   
   
2. While discharging duties of the technical mandate the work of outgoing Members of the Presidency shall be limited to necessary activities, in accordance with the Constitution, law, and these Rules of Procedure.

Article III 

(Constitutive Meeting)

1. The outgoing Chair of the Presidency of Bosnia and Herzegovina convenes a constitutive meeting of the newly elected Presidency within no later than fifteen (15) days, calculated from the date the election results were confirmed by the authoritative body.
   
   
2. The constitutive meeting shall take place in the seat of the Presidency in Sarajevo and shall be open to the public.

Article IV 

(Solemn Oath)

1. During the constitutive meeting the newly elected Members of the Presidency jointly accept the position, by stating the following solemn oath in the presence of the exiting Members of the Presidency:
   
   "I hereby swear that I will conscientiously perform the duty given to me, respect the Constitution of Bosnia and Herzegovina, implement the General Framework Agreement for peace and its annexes in whole, protect and promote human rights and fundamental freedoms, and care for the interests and equality of all peoples and citizens."
   
   
2. Each Member of the Presidency shall sign the text of the solemn oath.

Article V 

(Nomination of Chair)

1. The Members of the Presidency shall appoint from their Members a Chair of the Presidency of Bosnia and Herzegovina, in accordance with the Election Law of Bosnia and Herzegovina or another law adopted by the Parliamentary Assembly of Bosnia and Herzegovina.
   
   
2. The Chair of the Presidency of Bosnia and Herzegovina shall be replaced after eight (8) months, according to the principle of rotating Members of the Presidency, in accordance with the Election Law of Bosnia and Herzegovina.
   

CHAPTER II - ORGANIZATION OF PRESIDENCY 

Part One - Political Structures 

Title A - Chair

 

Article VI  

(Authority of the Chair)

Along with the authority that belongs to the Chair as a Member of the Presidency, the Chair shall have responsibility for:

a) Planning the activities of the Presidency, by submitting an activity plan during the time he performs the duties of the Chair, and for working out meeting agendas;

b) Discharging functions of the Presidency: convening meetings, directing discussions and action according to these Rules of Procedure;

c) Signing and proclaiming acts arising from activity of the Presidency;

d) Representing and acting on behalf of the Presidency in general, and representing positions of the Presidency regarding important questions before the public and before other institutions in Bosnia and Herzegovina and abroad, especially when the three Members of the Presidency cannot jointly attend;

e) Accepting credentials from diplomatic-consular representatives, after the Presidency adopts an agreement;

f) Discharging other duties entrusted to the Chair in accordance with these Rules of Procedure.

Article VII 

(Acting Chair)

1. After accepting his position, the Chair determines in a written act one of the Members of the Presidency to be a substitute in the case of temporary absence.
   
   
2. If the Chair is prevented from attending meetings, one of the Members of the Presidency, in accordance with subsection 1. of this Article, shall perform all of his duties and powers, until the Chair is able to continue with activities.

Article VIII 

(Activity Plan of the Chair)

1. Two weeks after accepting the position, the Chair submits to the other Members of the Presidency an orientation plan of work for the time he shall be discharging his duties, in accordance with the identified priorities for activity of the Presidency.
   
   
2. In the activity plan the agenda items for upcoming meetings, which were convened by the outgoing Chair, must be included, as well as any other act of the Presidency for which the laws of Bosnia and Herzegovina designate the very last term.
   
   
3. Also, the activity plan can include items suggested at the Chair's initiative, items suggested by other Members of the Presidency, and items suggested by other institutions of Bosnia and Herzegovina and entities.

Title B - Members of the Presidency 

 

Article IX 

(Member Authorities on Presidency Activity)

1. All Members of the Presidency shall, in the framework of Presidency activity, be comparably responsible for:
   
   a) Giving contributions during confirmation of the Presidency's activity plan, such that they submit items to be included in the Presidency's activity plan and in meeting agendas;
   
   b) Participating in the work of the Presidency, such that they attend meetings, nominate diplomatic-consular and other international representatives, and functionaries and officials in institutions of Bosnia and Herzegovina in accordance with powers of the Presidency, then by interventions in discussions, with which they contribute to the decision procedure in accordance to theses Rules of Procedure;
   
   c) Representing also jointly, thus collectively, and acting on behalf of the Presidency and its positions, before the public and othe domestic and international institutions;
   
   d) Discharging other duties entrusted to a Member of the Presidency in accordance with these Rules of procedure.
   
   
2. All Members of the Presidency perform their duties from the previous subsection in accordance with procedures provided for activities of the Presidency, and confirmed by these Rules of Proceedure.

Article X 

(Authorities of Members of the Presidency)

1. All Members of the Presidency shall also have, ex officio, responsibility for:
   
   a) Civil command over armed forces;
   
   b) Membership in Permanent Committee for Military Questions;
   
   c) Choosing members for the Permenent Committee for Military Questions;
   
   d) Submitting petitions to the Constitutional Court;
   
   e) Discharging other duties entrusted to a Member of the Presidency in accordance with the laws of Bosnia and Herzegovina.

Article XI 

(Absence of Member of Presidency)

1. If a Member of the Presidency is temporarily prevented from executing his powers, he will determine a member of his Cabinet who will represent him at meetings. If that is not possible, the Chief of Cabinet will replace him.
   
   
2. The authorized representative may speak in the name of the absent Member of Presidency, but does not have a right to vote.

Article XII 

(Immunity of Members of Presidency)

1. All Members of Presidency while discharging their duties are protected by immunity against legal processes aimed against them in accordance with the laws of Bosnia and Herzegovina.
   
   
2. The immunity of a Member of Presidency can be retracted by a decision by the other two Members of Presidency, if that is necessary for the normal discharging of Presidency duties.

Part Two - Structures for Support of Presidency Activity

 

Title A - Secretariate 

Article XIII

(Secretariate Functions)

The Secretariate shall be established in order to secure expert, administrative and techinical support to Members of the Presidency during the discharging of their collective and individual duties.

Article XIV 

(Secretariate Organization)

1. The Secretariate shall be made up of three offices and four departments, each of which has two more sections.
   
   
2. The three offices are:
   
   a) Office of General Secretary;
   
   b) Office of Public Relations Secretary;
   
   c) Office of Normative Tasks Secretary.
   
   
3. The four departments are:
   
   a) Department of Documentation, which includes:
   
   (I) Archives Section, and
   
   (II) Research Section;
   
   b) Department of Protocol, which includes:
   
   (I) Section for Domestic Protocol, and
   
   (II) Section for Foreign Protocol;
   
   c) Department of Logistics, which includes:
   
   (I) Internal Affairs Section, and
   
   (II) Transport Section;
   
   d) Administrative Department, which includes:
   
   (I) Personnel Section, and
   
   (II) Section for Finance.
   
   
4. The Presidency, based upon the suggestion of the General Secretary, adopts Regulations for the Internal Organization of Work Places, settling all questions not regulated by these Rules of Procedure.

Article XV 

(General Secretary)

The General Secretary shall generally be in charge of managing the Secretariate and shall answer to Members of the Presidency for his work.

Article XVI 

(Secretariate Employees)

1. Work places in the Secretariate are filled by assigning the status of a government official or by signing a contract of employment.
   
   
2. Work places in the Secretariate, filled by assigning the status of government official, are:
   
   (a) General Secretary,
   
   (b) Secretary,
   
   (c) Manager,
   
   (d) Senior Expert Associate,
   
   (e) Expert Associate.
   
   
3. All other work places are filled by signing a contract of employment.
   
   
4. Political officials and political advisors in institutions of Bosnia and Herzegovina, entities or their bodies, cannot serve as employees of the Secretariate.

Article XVII 

(Appointments in the Secretariate)

1. Secretariate staff are hired and promoted on the basis of professional merits, and besides that the composition of employees generally reflects the ethnic and territorial structure of the population of Bosnia and Herzegovina, such that in the total number of employees at least 25% of members of one of the constitutive peoples are engaged.
   
   
2. The Presidency appoints the General Secretary, Public Relations Secretary and Normative Tasks Secretary, for a mandate identical  to the mandate of Members of the Presidency.
   
   
3. The General Secretay appoints all other government officials to permanent employment positions and signs contracts of employment with staff that are not included in the status of government official.

Title B - Cabinets

 

Article XVIII 

(Cabinet Functions)

The Cabinet of a Member of the Presidency politically, expertly and technically supports the Member of the Presidency in executing his collective and individual powers.

Article XIX 

(Cabinet Organization)

1. All Members of the Presidency, according to their needs, organize cabinets by their own act, on the basis of suggestions from the Chief of Cabinet. The general Secretary submits that document to the other Members of the Presidency and their cabinets for insight.
   
   
2. All Members of the Presidency, for the organization of their Cabinets, can rely on the same amount from the budget, which the Presidency determines at the beginning of each fiscal year. The Secretariate distributes the funds from the joint account on the basis of instructions received from Members of the Presidency.

Article XX 

(Chief of Cabinet)

The Chief of Cabinet manages the Cabinet and for his work answers to the Member of the Presidency.

Article XXI 

(Cabinet Employees)

1. Employment positions in the Cabinet are filled by signing a contract of employment, a job contract or on the basis of confirmed voluntary engagement.
   
   
2. For work places in the Cabinet, filled by signing a contract of employment, compensation is provided from budget funds mentioned in Article XIX 2.
   
   
3. All otherwork places are filled on the basis of confirmed voluntary engagement.
   
   
4. Government officials in institutions of Bosnia and Herzegovina, entities or their departments cannot be employed in the Cabinet of a Member of the Presidency.

Article XXII 

(Employment in Cabinets)

1. Each Member of the Presidency employs, in accordance with needs and rules adopted by the Presidency, cabinet staff.
   
   
2. Upon hiring cabinet staff into a permanent employment position, the Member of the Presidency gives instructions to the General Secretary in connection with signing a contract of employment or confirming voluntary work.

CHAPTER III - MEETINGS OF THE PRESIDENCY

 

Part One - Convening Meetings 

Title A - Time and Place 

 

Article XXIII  

(Dynamics)

1. As a rule, the Presidency holds a regular meeting weekly.
   
   
2. The Presidency can also meet, depending on the need, at an extraordinary meeting, in accordance with Article XXVIII of these Rules of Procedure.

Article XXIV 

(Place)

1. Regular and extraordinary meetings of the Presidency shall take place in the Sarajevo offices of the Presidency, if there is not a decision to hold the meeting elsewhere.
   
   
2. If a Member of the Presidency cannot physically attend a meeting because he is ill or on an official trip, his presence will be provided via telecommunications systems, in accordance with Article XXXII.

Title B - Regular Meetings 

Article XXV 

(Convening Regular Meetings)

1. The Chair in a written notice, which is sent through the General Secretary to other Members of the Presidency, and in a period of no more than seven days before it is held, convenes a regular meeting of the Presidency.
   
   
2. The written notice contains the proposed agenda and also determines the time and place the meeting will be held.

Article XXVI 

(Agenda for Regular Meeting)

1. Preparation of the agenda for regular meetings shall begin when the Chair, through the General Secretary, submits written notice of the propsed agenda to other Members of the Presidency.
   
   
2. All Members of the Presidency shall have the right to add new items to the proposed agenda. They shall submit them to the Chair in written form, through the General Secretary, within the seven-day period which starts upon receipt of the written notice from the previous subsection.
   
   
3. Upon receipt of all submitted items, in accordance with subsection 2. of this Article, the Chair shall without delay compose the regular meeting agenda, adding items to the firs proposal and informing other Members of the Presidency, in accordance with Article XXV. The Chair shall determine the order of items on the agenda.
   
   
4. At the beginning of a regular meeting, each Member of the Presidency may propose ammendments to the agenda, limited to the following cases:
   
   a) removing items,
   
   b) adding new items related to extraordinary circumstances, arising after the final time-period mentioned in subsection 2. of this Article.
   
   
5. The presidency shall decide upon each amendment on the agenda by a majority vote. If there are no amendments, the Chair shall conclude that the agenda is adopted.

Article XXVII 

(Materials for Regular Meetings)

1. Materials for items to be discussed during the regular meetings shall be submitted, as a rule, at the same time as proposals are submitted to add some items to the agenda and in any case no later that seven days prior to the meeting.
   
   
2. Upon receipt of the materials, the General Secretary immediatley distributes it to Members of the Presidency. The materials are not open to the public, unless the Presidency decides otherwise.

Title C - Extraordinary Meetings

 

Article XXVIII 

(Convening Extraordinary Meetings)

1. The Chair shall convene an extraordinary meeting by submitting the appropriate notice to other Members of the Presidency through the General Secretary, at least 24 hours ahead of time.
   
   
2. The notice shall contain the agenda and the time and place of the meeting should be indicated.

Article XXIX 

(Agenda for Extraordinary Meeting)

1. The agenda for the extraordinary meeting shall contain only one item, which the Chair submits.
   
   
2. The agenda for the extraordinary meeting shall be adopted without a vote at the beginning of the meeting.

Article XXX 

(Materials for Extraordinary Meetings)

Materials for items to be discussed during the extraordinary meeting shall be submitted, as a rule, at the same time when notices for the meeting are sent or, at the latest, at the beginning of the meeting.

Part Two - Meeting Proceedings 

Title A - Attendence and Meeting Proceedings 

 

Article XXXI 

(Public Relations)

1. Meetings of the Presidency shall not be open to the public, unless the Presidency decides otherwise.
   
   
2. Following the meeting, the Secretariate - Public Relations Department shall organize a press conference, unless the Presidency decides otherwise.

Article XXXII 

(Meeting Attendence)

1. The General Secretary, as the secretary ad acta, must attend the meeting until its completion. Unless the Presidency decides otherwise, staff from his office may assist him.
   
   
2. Inasmuch as the Presidency does not decide otherwise, the Public Relations Secretary and the Normative Tasks Secretary shall also attend the meeting. The rest of the Secretariate staff shall attend meetings at the request of the Presidency.
   
   
3. Cabinet staff shall attend meetings at the request of a Member of the Presidency.
   
   
4. For the purpose of obtaining information or expert opinion, the Presidency may insist that others people attend meetings. The Presidency may invite guests to attend meetings as part of the protocol.

Article XXXIII 

(Quorum for Meeting)

1. It is not possible to hold a meeting if at least two Members of the Presidency are not physically present.
   
   
2. A member of the Cabinet representing a Member of the Presidency, in accordance with Article XI 1. of these Rules of Procedure, shall not be considered when establishing a quorum.

Article XXXIV 

(Meeting Proceedings)

1. The Chair shall open the meeting by determining the agenda, in accordance with Article 26 4.
   
   
2. After determining the agenda, the Chair shall present items for discussion according to their order. Each item on the agenda shall be discussed before a decision is made.
   
   
3. If necessary, the Chair may postpone a meeting for a maximum of 48 hours in relation to the reached agreement.

Title B - Meeting Documents

 

Article XXXV 

(Meeting Minutes)

1. Meeting minutes shall exclusively be informative in nature. It shall be the responsibility of the General Secretary to establish the submitted text of the minutes, which shall include:
   
   a) date and time meeting is held;
   
   b) place meeting is held;
   
   c) names and functions of those present;
   
   d) items discussed;
   
   e) voting;
   
   f) adopted decisions;
   
   g) concise explanation of any remarks by a Member of the Presidency, concerning alleged violations of the Constitution or these Rules of Procedure, if requested.
   
   
2. A working text of the minutes from the meeting of the Presidency, including conclusions of particluar items on the agenda of the held meeting, shall be delivered to members of the Presidency and their Cabinets, respectively, one day after the meeting is held.
   
   
3. Members of the Presidency and their Cabinets, respectively, shall speak out about the working text of the minutes and the authenticity of the conclusions of particular items on the agenda of the held meeting, respectivley, one day after receipt of the same.
   
   
4. After Members of the Presidency and their Cabinets, respectivley, speak out about the eworking text of the minutes and the authenticiy of the conclusions, respctively, and when the time for speaking out has passed, it shall be possible to act in accordance with the conclusions.
   
   
5. The Chair and General Secretary shall sign the adopted minutes.

Article XXXVI 

(Audio Recording of the Meeting and its Transcript)

1. The audio recording of the meeting and its transcript shall exclusively be informative in nature. It shall be the responsibility of the general Secretary to make an audio recording and its transcript.
   
   
2. The audio recording and transcript of the audio recording shall be placed and stored in the Archives of the Presidency. They shall be accessible to the public eight years after the meeting, unless otherwise decided by the Presidency. 

 

CHAPTER IV - DOCUMENTS AND WORK OF THE PRESIDENCY 

Part One - Documents of the Presidency 

 

Article XXXVII 

(Documents of the Presidency)

1. In disharging its duties, the Presidency adopts the following normative acts:
   
   a) Decisions relating to powers in the domain of foreign policy;
   
   b) Legislative proposals sent to the Parliamentary Assembly;
   
   c) Ratification of Parliamentary Assembly decisions relating to state symbols;
   
   d) Nomination of government officials;
   
   e) Appointing government officials;
   
   f) Permitting the armed forces of one entity to enter the territory of another entity;
   
   g) Testimotny to the signing of or signed memorandums of understanding between the two entites of Bosnia-Herzegovina;
   
   h) Rules of Procedure, Regulations on Internal Organization of the Secretariate and other rules of internal organization; and
   
   i) Other acts within its powers.
   
   
2. In discharging its activities, the Presidency also adopts declarative acts such as:
   
   a) Opinions relating to its activity, as an intermediary between institutions of Bosnia and Herzegovina;
   
   b) Declarations adopted for the purpose of strengtheneing the position of the Presidency in relation to other bodies or the public;
   
   c) Other acts the Presidency judges appropriate.

Article XXXVIII 

(Validity of Acts)

1. Official acts of the presidency shall be those signed by the Chair.
   
   
2. The General Secretary shall also sign acts and notarize them with the official stamp. The Presidency shall determine the form of the official stamp by a special internal act.

Article XXXIX 

(Promulgation and Notification)

In accordance with Article XXXVII 1. a), c), f), g), h) and if necessary i), the General Secretary shall, immediately after the signing, send normative acts to the BiH Official Gazette for promulgation. Acts shall become valid on the eigth day after promulgation, unless otherwise determined.

Other normative and declarative acts shall become effective when the General Secretary notifies relevant persons or authorities. They shall not be promulgated in the BiH Official Gazette, unless the Presidency decides otherwise.

Part Two - Activity of the Presidency Relating to Certifying State Symbols 

 

Article 40 

(State Symbols)

The Presidency shall have power to certify symbols of Bosnia and herzegovina, after the Parliamentary Assembly determines them.

If the Presidency certifies them by consensus, the decision of the Parliamentary Assembly shall become valid. In the contrary, the Presidency shall request the Parliamentary Assembly to reconsider its decisions.

Article 41 

(Committee for the Preservation of National Monuments)

1. The Presidency shall nominate five members of the Committee for the Preservation of National Monuments if the institutions of Bosnia and Herzegovina have power for continuing activity of the Committee.
   
   
2. Before nominations, the three Members of the Presidency can jointly begin consultations with:
   
   a) Outgoing members of the Committee for the Preservation of National Monuments;
   
   b) Department Ministers in the Government of Republika Srpska;
   
   c) Departmetnt Ministers in the Government of Bosnia and herzegovina and its internal organizations.
   
   
3. The Presidency shall endeavor to decide by consensus the nominations of five members to the Committee for the Preservation of National Monuments. If a consensus is not reached, the method of voting in accordance with Artcle 43, 4.-5. shall be applied to every member of the Committee who needs to be nominated.

Part Three - Activity of the Presidency Toward Institutions of Bosnia and Herzegovina

 

Title A - Activities Relating to the parliamentary Assembly 

 

Article 42 

(Relations Toward the Parliamentary Assembly)

All issues that regulate the relation between the Parliamentary Assembly of Bosnia and Herzegovina and the Presidency, which are not regulated by these Rules of Procedure, are regulated by the Constitution, the laws of Bosnia and Herzegovina and the Rules of Procedure of the House of Representatives and House of Peoples of the Parliamentary Assembly of Bosnia Herzegovina.

Article 43 

(Nominating the Chair of the Council of Ministers)

1. The Presidency shall submit to the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina the name of the Chair of the Council of Ministers for approval, within the framework of the very last term and in cases specified by the Constitution and the laws of Bosnia and Herzegovina.
   
   
2. Prior to nomination, the three Members of the Presidency may jointly engage in seven-day consultations with:
   
   a) The outgoing Chair of the Council of Ministers;
   
   b) Outgoing Ministers, starting with the oldest;
   
   c) The Chair and the Deputies of the Chair of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina together;
   
   d) Presidents of representative groups in the House of representatives, beginning with the president of the most numerous group;
   
   e) The Chair and Deputies of the Chair of the House of Peoples of Bosnia and Herzegovina together;
   
   f) The Prime Minsiter of the Federation of Bosnia and Herzegovina and the Prime Minister of Republika Srpska, beginning withg the oldest;
   
   g) The Mayor of District Brcko;
   
   h) Leaders of democratic missions and mission leaders of international organizations in Bosnia and Herzegovina.
   
   
3. After consultations, at most seven days after they begin, the Chair shall convene an extraordinary meeting, whose agenda contains only one item: voting for the nomination of the Chair of the Council of Ministers.
   
   
4. In the process of nominating each member of the Presidency may propose at most three names, in accordance with Article 6 of the Law on the Council of Ministers. After the nomnination, the General Secretary shall prepare the voting list with their names in alphabetical order.
   
   
5. Each Member of the Presidency shall vote by assigning each name a grade which ranges from the number on the ballot (who suits the most) to one (who suits the least).
   
   
6. In order to certify the voting results, the General Secretary shall count the grades given by each Member of the Presidency to each name. The name with the highest grade shall be the appointed Chair of the Council of Ministers, and the rest are reserves, depending on the order of the grades. Inasmuch as two candidates receive the same grade, the older candidate shall have precedence.
   
   
7. The General Secretary shall send the appointment and list of reserve names to the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina. The three Members of the Presidency shall attend the meeting of the House of Representatives at which the appointments are considered. If the House rejects the appointment, the Chair shall immediately present the first deputy as the newly appointed and so on with all the reserve names until one is accepted.

Article 44 

(Dismissing the House of Peoples)

1. The Presidency may dismiss the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina, including cases of a change in parliamentary majority.
   
   a) In the National Assembly of Republika Srpska;
   
   b) In the Bosniac Club of the House of Peoples of the Parliament of the Federation of Bosnia and Herzegovina.
   
   
2. Before dismissing the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina, the three Members of the Presidency may jointly begin seven-day consultations with:
   
   a) The Chair and the Deputies of the Chair of the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina together;
   
   b) The Chair and the Deputies of the Chair of the National Assembly of Republika Srpska;
   
   c) Presidents of representative clubs in the National Assembly of Republika Srpska, beginning with the oldest;
   
   d) The Chair and the Deputies of the Chair of the House of Peoples of the Parliament of the Federation of Bosnia and Herzegovina together;
   
   e) Representatives of Bosniac and Croat Clubs in the House of Peoples of the Parliament of the Federation of Bosnia and Herzegovina, beginning with the oldest;
   
   
3. After consultations, and in any case no later that seven days since commencement, the Chair convenes an extraordinary meeting. The agenda for the extraordinary meeting contains only one item - the decision to dismiss the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina.
   
   
4. The Presidency shall endeavor to adopt the decision to dismiss the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina by consensus. If a consensus is not reached, two Members of the Presidency can nevertheless dismiss the House.

Article 45 

(Proposal for the Annual Budget of BiH Institutions)

1. The Presidency shall submit the proposal for the annual budget of institutions of Bosnia and Herzegovina to the House of Representatives, upon the recommendation of the Council of Ministers.
   
   
2. Before submitting the proposal, the three Members of the Presidency can commence joint seven-day consultations with:
   
   a) The Prime Ministers of Republika Srpska, together with the department ministers;
   
   b) The Prime Minister of the Federation of Bosnia and Herzegovina, together with resource ministers;
   
   c) The Chair of the Council of Ministers and the Minister of Treasury of Bosnia and Herzegovina.
   
   
3. After consultations, and in any case no later that seven days since commencement, the Chair convenes an extraordinary meeting, whose agenda contains only one item: deciding on the proposal for the annual budget of BiH institutions.
   
   
4. The Presidency shall endeavor to adopt the proposal for the annual budget of institutions of Bosnia and Herzegovina by consensus. If a consensus is not reached, two Members of the Presidency can nevertheless adopt the proposal.

Title B - Activities Relating to the Council of Ministers 

 

Article 46 

(Relations Toward the Council of Ministers)

All issues that regulate the relation between the Council of Ministers of Bosnia and Herzegovina and the Presidency, which are not regulated by these Rules of Procedure, are regulated by the Constitution, the laws of Bosnia and Herzegovina and the Rules of Procedure of the Council of Ministers.

Article 47 

(Decisions Relating to Foreign Affairs)

1. The Presidency shall endeavor to adopt by consensus decisions relating to:
   
   a) Conducting foreign policy;
   
   b) Appointing ambassadors and other international representatives of Bosnia and Herzegovina;
   
   c) Representing Bosnia and Herzegovina in international and European organizations and institutions, or any request for membership in them;
   
   d) Negotiating, denouncing and ratifying treaties of Bosnia and Herzegovina;
   
   e) Executing decisions of the Parliamentary Assembly.
   
   
2. In the event that a consensus is not reached during the first meeting a decision is examined, the Chair shall insert this question in the agenda of the next meeting as a necessary item. If a consensus again is not reached, two Members of the Presidency shall nevertheless adopt the decision, which becomes valid 72 hours after the meeting at which it was adopted is adjourned inasmuch as the declaration from subsection 3. of this Article does not occur.
   
   
3. In the 72-hour time period after the adjournment of the meeting at which a decision from the previous subsection is adopted, the dissenting Member of the Presidency may declare it destructive of a vital interest of the Entity from the territory from which he was elected. The declaration is submitted in written form to the General Secretary, who immediately distributes it to other Members of the Presidency and refers it to the authorized Entity body. Authorized bodies for that are:
   
   a) National Assembly of Republika Srpska, if the declaration was made by the Serb Member of the Presidency;
   
   b) To the Bosniac Club in the House of Peoples of the Federation of Bosnia and Herzegovina, if the declaration was made by the Bosniac Member of the Presidency;
   
   c) To the Croat Club in the House of Peoples of the Federation of Bosnia and Herzegovina, if the declaration was made by the Croat Member of the Presidency.
   
   
4. The General Secretary shall establish contacts with the Authorized Entity body so that Members of the Presidency may attend the meeting convened in order to examine the declaration. During the meeting, each Member of the Presidency presents to the Entity body his arguments for or against the referred declaration. If the declaration is confirmed by a two-thirds vote of the Entity body within 240 hours of the referral, the decision shall not take effect.

Article 48 

(Executing Duties Transferred from the Parliamentary Assembly)

1. The Presidency shall discharge other duties transferred to it by the Parliamentary Assembly of Bosnia and Herzegovina.
   
   
2. In executing such duties, the Presidency shall decide by consensus. In the case of an appointment, the method of voting in Article 43 subsections 4.-6. shall be applied if a consensus is not reached. 

 

Title C - Activities Relating to the Standing Committee on Military Matters 

 

Article 49 

(Relations toward the Standing Committee on Military Matters)

All matters regulating the relations between the Standing Committee on Military Matters and the Presidency, that are not regulated by these Rules of Procedure, shall be regulated by the Constitution, the laws of Bosnia and Herzegovina and the internal rules of the Standing Committee on Military Matters.

Article 50 

(Permission to Entity Armed Forces to cross Entity Borders)

1. The Presidency may permit the armed forces of either Entity to enter or stay within the territory of the other Entity, upon personal initiative of upon request of:
   
   a) The Standing Committee on Military Matters;
   
   b) The President of Republika Srpska;
   
   c) The President of the Federation of Bosnia and Herzegovina.
   
   
2. Prior to granting permission, the Presidency shall consult, inasmuch as it is possible, the Standing Committee on Military Matters and the authorized Entity bodies mentioned in the previous subsection.
   
   
3. The Presidency shall adopt by consensus the decision to permit the armed forces of either Entity to enter or stay within the territory of the other Entity.

Title D - Activities Relating to the Constitutional Court of Bosnia and Herzegovina 

 

Article 51 

(Relations Toward the Constitutional Court of Bosnia and Herzegovina)

All matters regulating the relation between the Constitutional Court of Bosnia and Herzegovina and the Presidency, that are not regulated by these Rules of Procedure, shall be regulated by the Constitution, the laws of Bosnia and Herzegovina and the internal rules of the Constitutional Court.

Article 52 

(Joint Presentation of Petitions to the Constitutional Court)

1. Members of the Presidency may unanimously decide to jointly execute their powers of presenting petitions to the Constitutional Court of Bosnia and Heregovina.
   
   
2. Relating to subsection 1., the Chair is formally authorized to present petitions to the Constitutional Court of Bosnia and Herzegovina.

Title E - Activities relating to the Central Bank of Bosnia and Herzegovina

 

Article 53 

(Relations Toward the Central Bank)

All matters regulating the relation between the Central Bank of Bosnia and Herzegovina and the Presidency, that are not regulated by these Rules of Procedure, shall be regulated by the Constitution, the laws of Bosnia and Herzegovina and the internal rules of the Central Bank.

Article 54 

(Appointment of the Governing Board of the Central Bank)

1. The Presidency shall appoint five members to the Governing Board of the Central Bank of Bosnia and Herzegovina following the expiration of the first four-year mandate.
   
   
2. Prior to the appointment, the three Members of the Presidency may commence joint consultations with:
   
   a) The outgoing Governor of the Central Bank of Bosnia and Herzegovina;
   
   b) Outgoing members of the Governing Board of the Central Bank of Bosnai and Herzegovina, beginning with the oldest;
   
   c) The Chair of the Council of Ministers of Bosnia and Herzegovina;
   
   d) The Minister of Treasury of Bosnia and Herzegovina;
   
   e) The Prime Minister of Republika Srpska and the Prime Minsiter of the Federation of Bosni and Herzegovina, beginning with the oldest.
   
   
3. The Presidency shall endeavor to adopt by consensus the decision to appoint five members to the Governing Board of the Central Bank of Bosnia and Herzegovina. If a consensus is not reached, the method of voting in accordance with Artcle 42, 4.-6. shall be applied to every possibly nominated member.

Part Four - Activities Relating to the Entities 

 

Article 55 

(Inter-Entity coordination)

1. For the purpose of providing inter-Entity coordination for matters outside the jurisdiction of Bosnia and Herzegovina, the Presidency can invite the Entitites to attend an informative conference for the purpose of signing a Memorandum on Understanding.
   
   
2. The Chair of the Presidency shall preside over the conference on cooperation and the other two Members of the Presidency shall be assistant chairs. Also attending are:
   
   a) Relevant officials from internal departments of the Entities, as determined by their governments;
   
   b) Relevant officials from institutions of Bosnia and Herzegovina, as determined by the Council of Minsiters;
   
   c) Relevant officials from international institutions and diplomatic missions, as consultants.

Article 56 

(Memorandum on Understanding)

1. Based on adopted conclusions and the Memorandum on Understanding, the Informative conference may result in a commitment by the Entitities and their internal departments to take over parallel activities or to establish institutions which shall be responsible for performing the mentioned activities in their name.
   
   
2. The Chair shall witness each signing of the Memorandum on Understanding, the result of which shall be, thanks to conferences on cooperation, an agreement by the Entities, and their administrative departments shall designate the Presidency as the institution with jurisdiction to perform the activities.

Part Five - Activities of the Presidency Relating to Internal Rules 

 

Article 57 

(Internal Rules)

The Presidency adopts these Rules of Procedure and by consensus approves the Regulations for the Internal Organization of the Secretariat and any other internal Rules or ammendments to it.

Article 58 

(Internal Appointments)

The Presidency shall endeavor to appoint by consensus the General Secretary, Secretary of Public Relations and Secretary of Normative Tasks.

Article 59 

(Procedural Decisions)

Until the final act is adopted, the Presidency shall adopt by a simple majority all internal decisions, unless otherwise regulated by these Rules of Procedure.

Article 60 

(Report on Expenditures)

1. The Presidency shall at the conclusion of each fiscal year and upon request present a report to the Parliamentary Assembly on expenditures, which is the responsibility of the General Secretary.
   
   
2. The General Secretary shall prepare the report with help from the Section for Finance. The Presidency shall approve the report by a simple majority, without a preceding discussion.

Title F - Transitional and Final Arrangements

 

Article 61 

(Repealing the Validity of Acts)

1. The Temporary Rules of Procedure of the Presidency of Bosnia and Herzegovina from November 5, 1996, the Temporary Decision on the Establishment and Organization of Cabinets of the Members of the Presidency of Bosnia and Herzegovina from February 4, 1997 and the Decision on the establishment and basic arrangements for Activity of the Secretariat of the Presidency of Bosnia and Herzegovina from April 18, 2001 cease to be valid when these Rules of Procedure enter into force.
   
   
2. The Temporary Rules of Procedure on the Organization of Cabinets which is in force at the time these Rules of Procedure are adopted shall remain valid until new Rules of Procedure are adopted.
   
   
3. New Rules of Procedure from the previous subsection shall be adopted no later than 60 days from the date these Rules of Procedure are adopted.

Article 62 

(Validity)

These Rules of Procedure shall become valid eight days from the date they are published in the Official Gazette of Bosnia and Herzegovina.

 

Number: 1-02-01-285/01 Sarajevo, September 14, 2001

CHAIR PRESIDENCY OF BiH Mr.sc. Jozo Krizanovic