VTK BiH: Tuš is trying to evade obligations to BiH companies through bankruptcy proceedings

The Foreign Trade Chamber of BiH has stood up for BiH entrepreneurs and immediately undertaken measures within its jurisdiction regarding the "Tuš" case. The Chamber has sent an urgent request to BiH institutions: the Prosecutor's Office of Bosnia and Herzegovina, SIPA, the Indirect Taxation Authority of BiH, the Tax Administrations of both entities in Bosnia and Herzegovina, the Inspectorate of the Federation of BiH, and the Republican Inspectorate of RS, reports the BiH news agency Patria.

Furthermore, the Chamber has officially addressed institutions in Bosnia and Herzegovina and the Republic of Slovenia to undertake measures within their jurisdiction: the Presidency of Bosnia and Herzegovina, the Ministry of Foreign Trade and Economic Relations - MVETO BiH, the Ministry of Foreign Affairs - MFA BiH, the Government of RS and the Government of the Federation of BiH, the Embassy of the Republic of Slovenia in BiH, the President of the Republic of Slovenia, the Government of the Republic of Slovenia, and the Chamber of Commerce - GZ Slovenia.

Responses to the official petition of the Foreign Trade Chamber of Bosnia and Herzegovina, as an association of all economic entities of our country, have so far been sent by: the Federal Administration for Inspection Affairs, SIPA, the Chamber of Commerce of Slovenia, and the Ministry of Foreign Affairs of BiH.

Unfortunately, none of the other representatives of institutions in BiH and from the Republic of Slovenia found it necessary to at least respond to the official information from the Foreign Trade Chamber of BiH regarding the justified suspicion of economic crime aimed at attempting to defraud over 600 domestic companies that generate annual turnover between 1.5 and 2 billion KM in BiH, employ over 6,000 employees, and pay nearly 500 million KM to the state budget on various grounds, and to initiate an investigation within their jurisdiction as a matter of urgency.

We remind the public and the aforementioned institutions once again that a criminal complaint was already filed with the Prosecutor's Office of Bosnia and Herzegovina on 23.10.2014 by the affected business entities in BiH against Mirko Tuš, Milan Mlinar, Branko Cokan, Vid Habjan, and their companies in BiH - TUŠ d.o.o. Bihać and TUŠ Trade d.o.o Bihać, with founded suspicion that they have committed criminal offenses of organized crime (Article 250, Paragraph 3 of the Criminal Code of the Federation of BiH) in connection with the criminal offense:

- fraud in business operations under Article 251, Paragraph 3 of the Criminal Code of the Federation of BiH,

- tax evasion or fraud under Article 210, Paragraph 3 of the Criminal Code of the Federation of BiH,

- tax evasion under Article 273, Paragraph 3 of the Criminal Code of the Federation of BiH

- non-payment of taxes under Article 211, Paragraph 3 of the Criminal Code of the Federation of BiH

INFORMATION AND WARNING ABOUT THE LATEST ACTIVITIES OF "Tuš Trade d.o.o.", Bihać

Although during their business operations in the past year they have owed BiH suppliers over 20.6 million KM, and no one has ever responded to the proposal from affected BiH companies for a meeting with an authorized representative of the founder of "Tuš", judging by the activities undertaken by the management and owner of TUŠ, it is evident that in this case TUŠ has no intention of settling its financial and legal obligations to suppliers and the state, and by declaring bankruptcy of the company "TUŠ Trade d.o.o."- Bihać, it is trying to get away "through the back door" with illegally obtained huge profits.

The lawyer of the affected BiH entrepreneurs has received information that the company TUŠ Trade d.o.o. has filed a proposal for the initiation of bankruptcy proceedings in the Municipal Court in Bihać, and that their proposal has been received under number 17 0 St 062753 14 St.

The legal consequences of the potential opening of bankruptcy proceedings against the debtor are surely known to everyone, because if the Court decides to open bankruptcy proceedings against TUŠ TRADE d.o.o., all pending lawsuits will be suspended, and all BiH entrepreneurs-suppliers of TUŠ will be invited to report their claims in the bankruptcy proceedings as creditors or plaintiffs.

In accordance with the instructions of the lawyer handling this criminal complaint, affected companies are urged not to file civil lawsuits for debt collection until information is received about what the Prosecutor's Office of BiH has undertaken, or whether the Court has made any decision regarding the opening of bankruptcy proceedings, as they would incur unnecessary costs of court fees and other expenses, and the proceedings would be suspended and they would be directed to join the bankruptcy proceedings. In this way, TUŠ would avoid paying its incurred obligations, which is certainly not in anyone's interest.

We hereby call on the Prosecutor's Office of BiH and all competent authorities and institutions in BiH to take this case with the utmost seriousness and, as a matter of urgency, to undertake all legally prescribed actions to establish the facts and prevent the company TUŠ from illegally "extracting" over 20 million KM from Bosnia and Herzegovina, which would jeopardize the survival of a large number of domestic entrepreneurs, and there is a real chance of losing a large number of jobs, which, we fear, will inevitably lead to an escalation of worker dissatisfaction and potentially greater damage.

We note that the market of Bosnia and Herzegovina is open to all domestic and foreign entrepreneurs and investors who wish to do business in accordance with the laws of this country, but we also want to warn all those who have any dishonest and unethical intentions that they will have to bear all legal consequences for such activities if undertaken.