Basic information
Outline of the system
Import licensing system is regulated by the Law on Foreign Trade in arms and military equipment (OG MNE No. 40/16). Import licenses are required for weapons and military equipment listed in the National Control List for export and import.
Product coverage
Imports of:
- Weapons and military equipment – specific tariff lines from Chapters 27, 28, 29, 31, 36, 38, 71, 88, 89, 93 are subject to licensing.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
Licenses are not intended to restrict the quantity or value of imports. In accordance with the Foreign Trade Law the Government may require import licenses only when it is necessary to:
- Protect national security.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
The import licensing system applies to goods originating in and coming from all countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The following laws and legal acts regulate issuance of licenses by the Ministry of Economy:
- The Law on Foreign Trade in Arms and Military Equipment (OG MNE No.40/16);
- The National Control List of Weapons and Military Equipment (OG MNE No.69/18);
- The Law on Administrative Procedure (RM OG No.60/03 and OG MNE No.56/14; 20/15; 40/16 and 37/17).
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
According to the Law on Foreign Trade in Arms and Military Equipment in order to be engaged in importation of arms and military equipment, natural and legal persons have to be registered within the Ministry of Economic Development.
What persons or firms are eligible to apply for a licence?
Is there a registration fee?
Is there a published list of authorized importers?
There is no published list of importers, with exception of the register of importers of weapon kept within the Ministry of Economic Development.
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Ministry of Economic Development
Documentation requirements
Exhibit I.pdfWhat documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
There are no limitations as to the period of the year during which application for licence and/or importation may be made.
Issuing the license
Can a licence be granted immediately on request?
Yes.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Licenses are issued in a period not exceeding 15 days, except for weapons and military equipment where licenses are issued in a period not exceeding 30 days, provided that all required documents are submitted. Licenses could be obtained in a shorter period.
Which administrative body is responsible for approving application of licences?
An importer has to approach only one administrative organ as regards the application.
Must the applications be passed on to other organs for visa, note or approval?
Ministry of Economic Development has to obtain positive opinion from the Ministry of Foreign Affairs, the Ministry of Defence and the Ministry of Internal Affairs in accordance with the Law on Foreign Trade in Arms and Military Equipment (OG MNE No.40/16).
Are there any other conditions attached to the issue of a licence?
There are no conditions attached to the issuance of a licence.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes, there is a license fee.
What is the amount of the fee or charge?
In accordance with the Law on Administrative Fees (RM OG No.18/19) the Ministry of Economic Development charges 100 € for issuing licenses for weapons and military equipment from the National Control List for export and import.
Is there any deposit or advance payment required associated with the issue of licences?
There is no deposit or advance payment requirement associated with the issue of licenses.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
None, except in cases prescribed by international regulations including international sanctions, recommendations of OEBS, etc.
Are the reasons for any refusal given to applicants?
The reasons for any refusal are given to the applicant in writing.
Have applicants a right of appeal in the event of refusal to issue a licence?
In the event of refusal to issue a licence, the applicant has a right of appeal.
If so, to what bodies and under what procedures?
In the event of refusal to issue a licence, the applicant has a right of appeal to the Administrative Court of Montenegro, as prescribed by the Law on Administrative Procedure (RM OG No.60/03 and OG MNE No.56/14; 20/15; 40/16 and 37/17) and the Law on Administrative Dispute (OG MNE No.54/16).
Importation
Are there any limitations as to the period of year during which importation may be made?
There are no limitations as to the period of the year during which application for licence and/or importation may be made.
What documents are required upon actual importation?
The importer must only provide a copy of a license or approval upon actual importation along with other required customs documents (declaration, invoice, bill of lading, certificates and, where required, other certificates - origin, conformity, veterinary, health, quality, phytosanitary).
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures, apart from import licensing required prior to importation.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Licenses are valid for one year from the date of issuance. If the realization of the activities related to foreign trade lasts longer than a year, the Ministry may determine the validity of the license until the deadline for completion of the work specified in the contract, but not longer than three years.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-utilization of a license or a portion of a license.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are not transferable between importers.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Foreign exchange is automatically provided by the banking authorities for goods to be imported.