BiH is among the least competitive economies in Southeast Europe and government officials have made little progress to enact necessary reforms to strengthen the business environment.
BiH lacks a single economic space. Overlapping regulations and jurisdictions and complex legal and regulatory frameworks negatively affect companies trying to do business across the entire country. BiH’s investment climate is marred by corruption, non-transparent business procedures, insufficient protection of property rights, and a weak judicial system. The process to start a business or obtain a permit is lengthy and arduous. The public procurement system lacks openness and transparency, and tenders are often subject to political interference or manipulation. Government-owned companies crowd out the public sector and benefit from preferential treatment. Dispute resolution is also challenging as the judicial system moves slowly, often does not adhere to existing deadlines, and provides no recourse if the company in question re-registers under a different name. Judges, especially in the Federation where there is no dedicated commercial court, often lack experience with technical commercial matters. Arbitration and mediation of commercial disputes are infrequently used.
State property, and its disposition, remains a hotly contested political, legal, and economic issue. The BiH Constitutional Court has ruled that entities and municipalities are not competent to dispose of state property in any way, including title, leasehold, concession, repurposing, or temporary use. The lack of a comprehensive solution to the issue of state property, which covers an estimated 70 to 80 percent of BiH territory, creates legal ambiguities that further complicate the business environment, disrupt the economy, and hinder investment. Investors should conduct adequate due diligence. This includes avoiding exposure to individuals and entities under U.S. sanctions and clarifying land ownership rights to avoid becoming entangled in a potential illegal and/or unconstitutional arrangement. Potential investors are encouraged to read the legal reviews and statements of the High Representative for BiH.