News in English     | 10.09.2021. 09:33 |

German notaries warn about the detrimental changes to the FBiH Law on Notaries

FENA Press release

SARAJEVO, September 10 (FENA) - The German Federal Notary Chamber (Bundesnotarkammer) addressed all competent institutions in Bosnia and Herzegovina, warning that the announced changes to the Law on Notaries in the Federation of Bosnia and Herzegovina could have a detrimental effect on the effective fight against money laundering.

The German Notary Chamber, which played a key role in establishing notaries in the Western Balkans, points out that notaries play an important role in the system of preventive justice. They note that an important task of notary work is reflected in the fight against money laundering.

"Notaries, within the legal framework of the European Union, and related to the fight against money laundering and the fight against terrorist financing, are rightly designated as an obligated side and an important preventive factor. Given the participation of notaries in drafting contracts in the field of real rights (real estate) and company rights, notaries are in the best position to detect and prevent actions aimed at money laundering, the letter said.

According to the German Chamber of Notaries, in many European countries, including BiH, notaries are already contributing to the fight against money laundering in a very efficient way, by reporting suspicious transactions to the appropriate institutions responsible for financial intelligence.

One very important prerequisite for notaries to make an effective contribution is, as stated, their ability to carefully assess each contract they make, as well as to advise the parties to the contracts before the contract is concluded and notarized.

"Otherwise, notaries will not be able to reveal any hidden intention of the contracting parties. Only if the notary can make a notarized document with full knowledge of the intentions of the parties, the notary is able to detect suspicious transactions, the letter warns.

The letter was already forwarded to the BiH Council of Ministers, state ministries of security and justice, SIPA, the Intelligence and Security Agency (OSA) and the FBiH ministries of justice, finance and interior.

(FENA) S. R.

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