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Federation of Bosnia and Herzegovina - Legislation

Federacija Bosna i Hercegovina

Last modified: 2005-08-06 by dov gutterman
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Legislation

I have acquired details and sources on the Federation of B&H flag and coat of arms. Here is the main source:
<www.fbihvlada.gov.ba> (The Government of Federation of Bosnia and Herzegovina).
There are three legal texts there to be considered:
1. Zakon o grbu i zastavi Federacije Bosne i Hercegovine, Sluzbene novine FBiH br. 21/96 (Text in Bosnian language, Text in Croatian language).
2. Zakon o izmjenama i dopunama Zakona o grbu i zastavi Federacije Bosne i Hercegovine, Sluzbene novine FBiH br. 26/96 (Bosnian text).
3. Zakon o upotrebi grba i zastave Federacije Bosne i Hercegovine,
Sluzbene novine FBiH br. 26/96 (here).
All of the three laws are set valid with the day (or the next day in case of the law 3 in the above list) of their publication in the official gazette, however the web site does not provide that dates. The gazettes is question would be nr. 21 and 26 of 1996 volume. According to my notes (source probably TV reports) the flag was adopted 5 November 1996 but that may be the adoption date in some federal body itself, and not necesserily the date of the flag becoming valid. In any case, the adoption date is in late 1996.
Željko Heimer, 18 March 2001

Here follows my translation of the law adopting the coat of arms and the flag of FB&H (Sluzbene novine FBiH br. 21/96 - Official gazette of the Federation of B&H, nr. 21/1996):
The Law on the Coat of Arms and the Flag of the Federation of Bosnia and Herzegovina
Article 1.
The coat of arms of the Federation of Bosnia and Herzegovina is of a shield shape, composed of three parts: in left upper part, in one quarter of the coat of arms there is a shield with golden-yellow fleur-de-lis on green field; in upper right part, in one quarter of the coat of arms there is the historical Croatian coat of arms formed of 25 square fields of red and white colors; in lower part of the shield in blue filed there are 10 six-pointed stars of white colour set in a circle, occupying one half of the coat of arms. The coat of arms and the blue field are outlined with a stripe of golden-yellow colour.
Article 2.
The flag of the Federation of Bosnia and Herzegovina is rectangular tricolour with vertically ordered fields, left to right: red, white and green. In the middle of the flag there is the coat of arms of the Federation of Bosnia and Herzegovina as determined in the Article 1 of this Law. The white field towards both red and green field each is of triple width. The ratio of the flag width and length is 3:5.
Article 3.
The design of the coat of arms and the flag of the Federation of Bosnia and Herzegovina is integral part of this Law.
Article 4.
On the use of the coat of arms and the flag of the Federation of Bosnia and Herzegovina there shall be adopted a particular law.
Article 5.
This Law comes in effect with the day of issue in the official gazette of the Federation of B&H.

(signed by) Chairman of the House of Representatives of the Parliament of Federation of B&H prof. dr Abdulah Konjicija, M. P.
Chairman of the House of Nations of the Parliament of Federation of B&H Mariofil Ljubic, M. P.
Željko Heimer, 18 March 2001

Here follow the law adding changes to the previous law. It is not easy to follow the changes, but they are rather simple and minor. As far as I understand it, the changes are only in the text of the law, determining few details that were not quite covered with the first wording of the law. namely the colours of the outlines of the two smaller shields are mentioned now and the colour of the upper field is named. I believe that this was not actually a change of the design, but only the description in the law - so I do not think that some other, briefly transitional design was used for some time in late 1996. It is my guess that after the first law was adopted some questions has been rised in practice and this was done to resolve them.

Sluzbene novine FBiH br. 26/96 (Official gazette of the Federation of B&H, nr. 26/1996)
The Law on Changes and Additions to the Law on the Coat of Arms and the Flag of the Federation of Bosnia and Herzegovina
Article 1.
In the Law on the coat of arms and the flag of the Federation of Bosnia and Herzegovina (Official gazette FB&H, 21/96) in Article 1, 3rd line after the word "field" the semicolon is deleted and it is added: "outlined with a stripe of golden-yellow colour", and in 5th line after the word "colours" the semicolon is deleted and it is added: "outlined with a stripe of red colour", and in 7th row after the word "arms" the dot is deleted and it is added: "while the shield with golden-yellow fleur-de-lis and the historical Croatian coat of arms are set in a fields of white colour".
Article 2.
In the Article 3 it is added a new paragraph 2 that is: "The graphical design standards for the production of the coat of arms and the flag of the Federation of Bosnia and Herzegovina, as well as the position of the coat of arms on the flag, and its size, are integral part of this Law".
Article 3.
This Law comes in effect with the day of issue in the official gazette of the Federation of B&H.

(signed by) Chairman of the House of Nations of the Parliament of Federation of B&H Mariofil Ljubic, M. P.
Deputy Chairman of the House of Representatives of the Parliament of Federation of B&H Stjepan Mikic, M. P.
Željko Heimer, 18 March 2001

Here is the law on use of the coat of arms and the flag. I would point out the Article 14 point 5 - use of the flag for president and Vice-President, anmd also Article 17 determining the vertical hoisting. Regarding the part IV - Penalty provisions; I am rather weak in the legal English terminology here, and the translation is rather clumsy, I guess. But, I hope it is understandable. The monetary unit nowadays is KM (konvertibilna marka) that have the exchange rate set to 1:1 to German Mark (DEM, used in the law).

Sluzbene novine FBiH br. 26/96 (Official gazette of the Federation of B&H, nr. 26/1996)
The Law on Use of the Coat of Arms and the Flag of the Federation of Bosnia and Herzegovina

I. BASIC PROVISIONS
Article 1.
This Law determines the use of the coat of arms and the flag of the Federation of Bosnia and Herzegovina (henceforward: the Federation)
Article 2.
The coat of arms and the flag of the Federation represent the Federation and they express the belonging to the Federation.
Article 3.
The coat of arms and the flag of the Federation are used in accordance with the provisions of the Law in ways that express the fame and dignity of the Federation.
Article 4.
The display of the coat of arms and the flag of the Federation together with the coat of arms and the flag of Bosnia and Herzegovina is done in accordance with appropriate regulations.
Article 5.
The coat of arms and the flag of the Federation can be used only in the shape and contents determined with the Law on the Coat of Arms and the Flag of the Federation of Bosnia and Herzegovina (official gazette 21/96). In the coat of arms and the flag of the Federation nothing can be changed. Exceptionally, and if it is determined by appropriate regulations, the coat of arms and the flag of the Federation could be used as part of other emblems or signs (military, command and rank flag etc.)
Article 6.
The originals of the coat of arms and the flag of the Federation are preserved with the President of the Federation and they are used as models for  production of the coat of arms and the flag of the Federation.
Article 7.
The coat of arms and the flag of the Federation can not be used as merchant or service badge, pattern or model, nor as any other symbol to mark the merchandise or services.
Article 8.
The use of the coat of arms and the flag of the Federation in artistic expressions and educational purposes is free under condition that by such use does not offend the fame and dignity of the Federation.
Article 9.
The coat of arms and the flag of the Federation can not be used in public place of they are damaged or by the apearance unsuitable for use. A damaged or for the usa unsuitable coat of arms and the flag are retreated from use.
Article 10.
If the coat of arms and the flag of the Federation are displayed on the territory of the Federation together with other domestic or foreign coats of arms or flags, the coat of arms and the flag of the Federation are to be set in the place of honor , in accordance with this Law, except in the case from the Article 4 of this Law.

II USE OF THE COAT OF ARMS OF THE FEDERATION
Article 11.
The coat of arms of the Federation is used:
1. as part of the seal of the Federation in accordance with the Law on the Seal of the Federation of Bosnia and Herzegovina (official gazette 2/94 and 21/96);
2. in the official rooms and on inscriptions on buildings where the bodies of the Federations are seated;
3. in objects that mark the border of Bosnia and Herzegovina on the territory of the Federation, according to particular regulations;
4. on uniforms of the members of the Federal Ministry of Interior Affaires. on uniforms of the guards of the federal penalty
institutions, on uniforms of customs officials and finance police officials;
5. in other cases in accordance with the law.
Article 12.
The coat of arms of the Federation may be used:
1. on buildings in which the cantonal, municipal and communal bodies are seated in the territory of the Federation, as well as in the ceremonial rooms of such buildings;
2. on buildings in which are seated the units, institutions, commands and headquarters of the Army of Federation, as well as in the ceremonial rooms of such buildings;
3. in occasions of international meetings, competitions and other meetings (political, scientific, cultural and artistic, sport and other) in which the Federation is taking part or is represented in accordance with the regulations and customs of such meetings;
4. on official invitations, greeting-cards and similar acts used by President of Federation, Vice-President of Federation, Chairmen of both Houses of the Parliament of Federation, prime-minister and his deputy, ministers and other officials of the Federation;
5. in other cases, if such use is not against the provisions of this Law.
Article 13.
If the coat of arms of the Federation is displayed on the territory of the Federation together with one or more domestic or foreign coats of arms or other similar emblems, the coat of arms of the Federation is set in the place of honor, and that is:
1. in the middle of a circle as looked from the front, if other coats of arms and emblems are set in a circle;
2. in the middle of a semi-circle as looked from the front, if other coats of arms and emblems are set in a semi-circle;
3. at the beginning of a line of other coats of arms, if other coats of arms and emblems are set in a line;
4. at the beginning of a group of other coats of arms, if other coats of arms and emblems are set in groups;
5. on the right side as looked from the front from the coat of arms of a foreign state or an international organization that is set in the middle, except in cases of the official visits of state or international organizations when the use is made according to the prescriptions from the Article 4 of this Law.
III USE OF THE FLAG OF THE FEDERATION
Article 14.
The flag of the Federation is displayed:
1. in the building in which are seated the Parliament of the Federation, president and vice-president of the Federation and the Government of the Federation;
2. on holidays of the Federation on buildings in which are seated the bodies in duration of those holidays;
3. on uniforms of the members of the Army of Federation when the Army of federation is participating in international military units;
4. in occasions of departure abroad of the president and vice-president of the Federation and their return;
5. on transportation means used by the president and vice-president of the Federation;
6. in mourning days determined by the Government of Federation half- masted during the mourning period;
7. in other cases under conditions and in ways determined by law.
Article 15.
The flag of the Federation may be displayed:
1. on buildings in which the cantonal, municipal and communal bodies are seated for the duration of ceremonies in those cantons, cities and communities;
2. in buildings in which are seated the the units, institutions, commands and headquarters of the Army of Federation, for the duration of ceremonies in those units, institutions, commands and headquarters;
3. in occasions of international meetings, competitions and other meetings (political, scientific, cultural and artistic, sport and other) in which the Federation is taking part or is represented in accordance with the regulations and customs of such meetings;
4. in occasions of celebrations and other mass gatherings political, cultural, sport and others that are of importance for the Federation;
5. in other cases, if such use is not against the provisions of this Law.
Article 16.
If the flag of the Federation is displayed on the territory of the Federation together with other flags, the flag of the Federation is set in the place of honor, and that is:
1. in the middle of a circle as looked from the front, if the flags are set in a circle;
2. in the middle of a semi-circle as looked from the front, if other flags are set in a semi-circle in accordance with the regulations from Article 4 of this law;
3. at the beginning of a line of other flags, if other flags are set in a line;
4. at the beginning of a queue - if other flags are set in queue;
5. at the beginning of a group - if other flags are set in groups; If the flag of the Federation is displayed beside an other flag, it
is always set to the left as looked from the front.
Article 17.
If the flag of the Federation is displayed over a street or a square, on a table, on a stage or some other place of honor in vertical position, the flag should be so that the red field set towards top.
Article 18.
The flag of the Federation is raised and lowered, hoisted, removed and transported with the usual honors (standing up, greeting and so on).
IV PENALTY PROVISIONS
Article 19.
With a fine between 1 500 and 7 500 DEM shall be punished a company or other legal person that: 
1. uses the coat of arms or the flag of the Federation in shape and contents against the provisions of the Article 5. of this Law;
2. uses the coat of arms or the flag of the Federation as mark for the merchandise or services (Article 7);
3. uses the coat of arms or the flag of the Federation against the conditions of the Article 8 of this Law; 
4. in public place uses the coat of arms or the flag of the Federation that are damaged or by the appearance unsuitable for use (Article 9);
5. uses the coat of arms or the flag of the Federation against the provisions of Articles 4, 12 and 15 of this Law;
6. does not use the coat of arms or the flag of the Federation in accordance with Articles 10 and 13 of this Law. For the breach described in the paragraph 1 of this Article, the responsible person in the company, government body or other legal person shall be punished with fin between 300 and 750 DEM.
Article 20.
For the breaches of Article 19. paragraph 1 of this Law, shall be punished a private enterprise person with fine between 300 and 750 DEM. For the breaches of Article 19 paragraph 1 lines 1 though 4 of this Law shall be punished citizen with fine between 100 and 400 DEM.
Article 21.
The fine prescribed in Articles 19 and 30 of this Law is paid in DEM or in equal value of a monetary unit of Bosnia and Herzegovina by the middle exchange rate determined and published by the Central Bank of Bosnia and Herzegovina on the day of payment. Until the introduction of a monetary unit determined by the Central Bank of Bosnia and Herzegovina, the monetary unit determined by the National Bank of Bosnia and Herzegovina shall be used.
Article 22.
The offender of the breaches from Articles 19 and 20 may be as protective measure deprived of the object with which the breach was made. The accredited person of the Federal Ministry of Interior Affaires may take the objects from the paragraph 1 of the Article before the legal procedure form is made and shall give those object at once to the appropriate body.
V ENDING PRESCRIPTION
Article 23.
This Law comes in effect with the next day of the day of issue in the official gazette of the Federation of B&H.

(signed by) Chairman of the House of Nations of the Parliament of Federation of B&H Mariofil Ljubic, M. P.
Deputy Chairman of the House of Representatives of the Parliament of Federation of B&H Stjepan Mikic, M. P.
Željko Heimer, 18 March 2001