CMS Expert Guide to Crypto Regulation in Bosnia and Herzegovina
Authors
- How is crypto regulated?
- How quick and easy is to get a MiCA licence in Bosnia and Herzegovina?
- Are the following activities regulated or unregulated in Bosnia and Herzegovina? Direct sales of tokens by issuers ― Exchange (buy/sell) ― Custody (hold) ― Borrowing/lending ― Yield/staking services ― Staking on proof of stake consensus mechanisms
- Can offshore business provide services to local customers on either active solicitation or reverse solicitation basis?
- How long would establishing a cryptoasset business/obtaining a licence in your jurisdiction take?
- What would be the approximate overall cost of obtaining a licence?
- What is the probability (%) of success in obtaining a licence?
- What other limitations are there in your jurisdiction when looking to set up a cryptoasset business? E.g., Compliance requirements and physical presence
jurisdiction
Disclaimer: This chapter was last updated on 8 September 2026 and does not reflect any subsequent developments. The information provided is intended for general informational purposes and should not be construed as legal advice.
1. How is crypto regulated?
| AML Regulation | Financial Services Regulation |
At the state level of Bosnia and Herzegovina (BiH), virtual currencies are regulated by the Law on the Prevention of Money Laundering and Financing of Terrorist Activities of BiH from 2024. Virtual currencies are defined as a digital record of value that has not been issued and whose value is not guaranteed by the central bank or other public sector institution, which is not necessarily considered as legal tender and does not have the legal status of money or currency, but is accepted as a means by natural and legal persons for exchange and can be transferred, stored, bought, sold, or exchanged electronically. A provider of services related to virtual currencies is a legal or natural person that provides one or more services for the account of or on behalf of another natural or legal person, such as:
For clarification purposes, please note that Bosnia and Herzegovina (“BiH”) consists of two administrative entities (the Federation of Bosnia and Herzegovina (“FBiH”) and Republika Srpska (“RS”)) and a condominium – Brčko District (“BD”). Considering this, legislation in certain matters is introduced at both the state (BiH) level, which is applicable to the entire territory of the country, and at the entity level for specific matters. Depending on the subject, legislation may be adopted at several levels. | In Republika Srpska (RS), virtual currencies are recognized under the Law on Securities Market, which defines the concept of virtual currencies and services related to virtual currencies in the same manner as the Law on the Prevention of Money Laundering and Financing of Terrorist Activities of BiH. Additionally, this law sets out the competences of the RS Securities Commission in connection with virtual currency operations. The RS Securities Commission has adopted a rulebook governing the maintenance of records of service providers related to virtual currencies. In Federation of Bosnia and Herzegovina (FBiH), virtual currencies are recognized under the Law on Foreign Exchange Operations referring to a definition stipulated in the Law on the Prevention of Money Laundering and Financing of Terrorist Activities of BiH. The law provides that the Securities Commission of FBiH shall maintain a register of and exercises supervision over providers of services related to virtual currencies. However, the Securities Commission is yet to adopt a rulebook relating to the content and manner of maintaining the register, as well as the supervision of providers of services related to virtual currencies. In Brčko District of Bosnia and Herzegovina (BD) virtual currencies are recognized under the Law on Market Securities, which defines the concept of virtual currencies and services related to virtual currencies in the same manner as the Law on the Prevention of Money Laundering and Financing of Terrorist Activities of BiH. Securities Commission of BD also adopted the rulebook governing maintenance of records of service providers related to virtual currencies. Please note that FBiH, RS and BD, the Securities Commissions, and other public sector institutions do not guarantee the value of virtual currencies and are not responsible for any potential damage or losses incurred by users, holders of virtual currencies, or persons providing services related to virtual currencies. |
2. How quick and easy is to get a MiCA licence in Bosnia and Herzegovina?
As part of its goal to join the European Union, BiH is working to harmonize the domestic legislation with the European Union acquis, and particularly in the banking, financial services, and capital markets sectors which also includes comprehensive regulations concerning digital assets. BiH is not yet a member state of the European Union and, therefore, is not directly subject to the EU legal and regulatory framework. Consequently, a MiCA licence in the sense of an authorization issued within the European Union is not applicable in Bosnia and Herzegovina.
However, FBiH has initiated the adoption of a Law on Providers of Services Related to Virtual Currencies, which represents a step towards alignment with the EU's Markets in Crypto-Assets (MiCA) Regulation. Furthermore, the draft law provides for the issuance of licences for virtual asset service providers in accordance with MiCA standards.
3. Are the following activities regulated or unregulated in Bosnia and Herzegovina? Direct sales of tokens by issuers ― Exchange (buy/sell) ― Custody (hold) ― Borrowing/lending ― Yield/staking services ― Staking on proof of stake consensus mechanisms
(please indicate if NFTs are treated differently from fungible crypto assets for each activity)
The following activities, i.e., services related to virtual currencies, are currently regulated at the state level (BiH):
- custody and/or management of virtual currencies or instruments that enable control over virtual currencies (wallet depository service provider),
- organising a platform for trading virtual currencies,
- exchange of virtual currencies for currency that is legal tender,
- exchange of virtual currency for another virtual currency,
- transfer of virtual currency, i.e., receiving and executing virtual currency orders on behalf of third parties,
- participating in and providing financial services in connection with the issuer's offer and/or sale of virtual currency.
Direct sales of tokens by issuers and NFTs are currently not expressly regulated in BiH.
In RS and BD, the following activities, i.e., services related to virtual currencies, are currently regulated:
- custody and management of virtual currencies on behalf of third parties (wallet depository service provider),
- organising a platform for trading virtual currencies,
- exchange of virtual currencies for legal currency,
- exchange of virtual currencies for another virtual currency,
- transfer of virtual currencies, i.e., receiving and executing virtual currency orders on behalf of third parties,
- implementation of the offer or sale of virtual currencies.
Direct sales of tokens by issuers and NFTs are currently not expressly regulated.
| AML Regulation | Financial Services Regulation |
Provider of services related to virtual currencies is defined as a legal or natural person that provides one or more of the following services:
| Provider of services related to virtual currencies is defined as a legal or natural person that provides one or more of the following services:
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4. Can offshore business provide services to local customers on either active solicitation or reverse solicitation basis?
Offshore companies are not explicitly regulated by BiH legislation. In general, these companies can do business and offer services to local clients and cooperate with them, but all within the framework of the relevant laws of BiH.
5. How long would establishing a cryptoasset business/obtaining a licence in your jurisdiction take?
| AML Regulation | Financial Services Regulation |
| In Bosnia and Herzegovina (BiH), the AML regulations do not directly govern the establishment of cryptocurrency companies. The legal status and operational framework for such entities remain ambiguous in FBiH. However, in RS and BD, the relevant Law on the Securities Market and Rulebook provides a form of licensing or notification process for virtual currency services. This law mandates that providers of services related to virtual currencies must implement measures and actions as defined by the AML and Countering the Financing of Terrorism (CFT) regulations applicable in BiH. | In RS and BD, the timeframe to consider includes:
A person who is not registered with the RS and BD Securities Commission cannot provide services related to virtual currencies. Please note that the above timeframes largely depend on the current workload of the relevant authorities. |
6. What would be the approximate overall cost of obtaining a licence?
Approximately EUR 150–300 for the establishment of a company, excluding legal or advisory fees and for the approval of registration and issuance of a certificate of registration in the records of service providers related to virtual currencies approximately EUR 1.500 in RS, and approximately EUR 5.000 in BD.
7. What is the probability (%) of success in obtaining a licence?
Considering virtual currencies have only recently been introduced, it is difficult to currently provide an assessment and probability percentage of success of registration.
However, if the applicant has all formal requirements fulfilled, accompanied with a high-quality application, underlying documents, and experienced legal advisors, the probability of success of registration is high.
8. What other limitations are there in your jurisdiction when looking to set up a cryptoasset business? E.g., Compliance requirements and physical presence
| AML Regulation | Financial Services Regulation |
| The applicable requirements prescribed by the relevant AML/CFT law refer to specific requirements for bank accounts, as well as registration and confirmations from tax authorities, registration with competent authorities for statistics, etc. Additionally, the status and implementation of crypto asset business are not yet clear enough in FBiH, as no express rules or regulations for crypto currently exist. | According to the applicable legislation in FBiH, RS and BD, the establishment of a legal presence is necessary, along with registration/notification with the Securities Commission. While there are no regulatory licences specific to crypto, a notification process and entry into the register with the Securities Commission of RS are required, as mentioned above. Legal presence in BiH is typically achieved through a limited liability company (in local: društvo sa ograničenom odgovornošću (d.o.o.)), but it may also take the form of a joint-stock company (in local: akcionarsko/dioničko društvo (a/d.d.)) or a natural person, i.e., entrepreneur (in local: poduzetnik/preduzetnik). |
