20 years together

August 2014

31 August 2014

Instruction No I-4 from July 8, 2014 about the Interaction between State Agency National Security and the Commission for Protection of Competition (IISANSCPC)

IISANSCPC is promulgated in State Gazette, issue 65 of August 6, 2014.

IISANSCPC shall regulate the interaction between the State Agency National Security (SANS) and the Commission for Protection of Competition (CPC) when exercising their competences conferred by the law unless a different regulation exists in another act. The main purpose of the IISANSCPC is to provide effective law enforcement and to protect the interests of the state, the citizens and the legal entities. Communication between SANS and CPC shall be conducted through persons designated by the chairmen of SANS and the CPC.

Art. 5 describes the interaction between SANS and CPC which shall be conducted in compliance with their legal authorities when:

1. Exercising control over decisions, actions or inaction of assignors in procedures of awarding of public procurements under the Public Procurement Act (PPA), which arouse suspicions of existing corruption schemes or other criminal acts of persons occupying high state positions or other positions;

2. Prevention and detection of bid riggings in the procedures of public procurements awarding as a form of “cartel” as described in the Protection of Competition Act (PCA) 

3. Exercising control over decisions, actions or inaction of grantors, in  procedures of granting concessions, which arouse suspicions of existing corruption schemes or other criminal acts of persons occupying high state positions or other positions;

4. Exercising control over decisions, agreements or cooperative actions between companies, which are in contradiction with the fair trade practices and are impairing free competition and the welfare of the consumers or endanger the economic or financial security of the state.

According to Art. 6 the interaction shall be carried out at the expense of both SANS and the CPC in the form of:

1. Exchange of information;

2. Conduction of coordinated activities;

3. Formation of joint work groups;

4. Preparation of joint suggestions for improvement and development of the legislation;

5. Holding joint work meetings, seminars and trainings.

The exchange of information shall be conducted through “contact persons” chosen by the chairpersons of SANS and the CPC on the basis of the “need-to-know” principle regulated in Art. 3 of the Classified Information Protection Act. In compliance with this principle, information shall be provided only to persons whose official duties or particularly assigned tasks impose such access.

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