Outline of the system
Permits for import of species and their products and derivates are issued in accordance with the Law on nature protection (OG MNE, No.054/16) and the CITES Convention. By means of succession, on 3 June 2007, Montenegro ratified the CITES Convention. Montenegro operates under Articles 1 to 25 of the CITES Convention and it is in compliance with the CITES provisions.
Import licenses are required for:
- Endangered and protected species of wild flora and fauna their products and derivates;
- Endangered and protected species of wild flora and fauna their products and derivates in accordance with the CITES convention and protected plant, animal and fungus species (examples of wild plants, fungi and animals from free and their cultivated specimens; their development forms -eggs, seeds, fruits, mycelium, etc.; their parts and derivatives; therefrom easily recognizable products) in accordance with the Law of Nature Protection.
Nature of licensing
If Automatic, administrative purpose
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The issue of licenses is not intended to limit the quantities or value of imports, but exclusively with the purpose of adequate monitoring of the imported goods. In case of CITES, the licensing intends to control the quantity of imports because it is related to the protection of the environment and fulfilling the obligation in accordance with the international agreements: CITES Convention. No alternative methods were considered.
Questions for products under restriction as to the quantity or value of imports
See answers 6.1-6.11.
The system applies to products originating from which country?
The system applies to goods originating and coming from all countries. Import is forbidden for countries that are not parties to the CITES Convention.
Expected duration of licensing procedure
Is the licensing statutorily required?
The licensing is maintained in accordance with:
- The Law on Confirmation of the CITES Convention on International Trade of Endangered Species of Wild Fauna and Flora ("OG FRY", International agreements, No.11/01);
- The Nature Protection Act ("OG MNE", No.054/16);
- The Ordinance on closer conditions for the trade in protected wild species of plants, animals and fungi ("OG MNE", No.109/17).
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The legislation does not leave designation of products to be subjected to licensing to administrative discretion.
Is it possible for the government to abolish the system without legislative approval?
It is possible for the government (or the executive branch) 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?
All legal persons or entrepreneurs registered in the Central Registry of the Commercial Court are eligible to apply for licences.
What persons or firms are eligible to apply for a licence?
All persons and companies that fulfil the conditions envisaged by the Law are eligible to apply for licenses.
Is there a registration fee?
There is no registration fee.
Is there a published list of authorized importers?
There is no published list of authorized operators.
Contact point for information on eligibility
Submission of an application
Administrative body(ies) for submission of an application
Nature and Environmental Protection Agency
What information is required in applications?
Please see Exhibit III
What documents is the importer required to supply with the application?
The application for import of CITES listed species and their products and derivates has to contain the following:
- Application for issuance of CITES import permit;
- Copy of CITES export permit;
- Positive opinion of Montenegrin scientific authorities that import of species will not jeopardize survival of that species and sustainability of biodiversity in Montenegro;
- Positive opinion of Montenegrin scientific authorities that imported species will be properly accommodated;
- Statement by the importer regarding the mode of species transport and using purposes;
- Proof of administrative fee payment;
- Additional documents according to Law on nature protection and Law on foreign trade.
Written request for permits for plant, animal and fungus species has to contain the following information:
- Name and seat, or the name and address of the importer;
- The name of the input border crossing;
- Day and start time of importation;
- Provider/supplier (quantity);
- A court certificate; and
- Proof of the administrative fee payment.
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
Issuing the license
Can a licence be granted immediately on request?
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Which administrative body is responsible for approving application of licences?
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
There are no other conditions attached to the issue of a licence.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
There are administrative fees.
What is the amount of the fee or charge?
There are administrative fees as follows:
-Administrative fee in the amount of 50 EUR for each imported consignment of CITES species/products/derivates (1 CITES import permit).
Is there any deposit or advance payment required associated with the issue of licences?
There is no deposit or advance payment 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?
In addition to non-fulfilling of the criteria prescribed by relevant legislation, application could be rejected in the case when applicant submits application for the goods that are not allowed for import.
Are the reasons for any refusal given to applicants?
Reasons for rejection of any form are given by NEPA to the applicant in a separate administrative act.
Have applicants a right of appeal in the event of refusal to issue a licence?
Decision may be appealed.
If so, to what bodies and under what procedures?
Decision may be appealed to the Ministry of Sustainable Development and Tourism in accordance with the Law on Administrative Procedure.
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
Importer must present valid license issued by NEPA along with standard customs documentation.
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?
The license is valid for the period specified in the license, but not longer than one year.
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?
The licenses are not transferable between importers.
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.
Is a licence required as a condition to obtaining foreign exchange?
Is foreign exchange always available to cover licences issued?
What formalities must be fulfilled for obtaining the foreign exchange?
The following questions are only for products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally)
Where is information on allocation and formalities for licences published? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Information regarding CITES species quotas can be found at CITES website (http://www.cites.org/) and formalities of filing applications for licences can be found at Nature and Environment Protection Agency (NEPA) website (http://www.epa.org.me/). Information regarding other questions is not applicable.
Is the size of the quota determined: on yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for a fresh licence on a six-monthly or quarterly basis?
System of quotas for CITES permits is not established in Montenegro.
Are licences allocated for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate)
The licenses are not allotted for certain goods partly or only to domestic procedures of like goods. Also, all issued licences are published on the NEPA web site. The copy of the CITES licence with Customs Administration signature and seal.
From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
What are the minimum and maximum lengths of time for processing applications?
Length of time for processing application is prescribed by the Law on Administrative Procedure. Processing time is up to 30 days.
How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Import can be done immediately after obtaining import licence (date of issuance of the licence is stated on the licence).
Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
NEPA is a Single administrative body for consideration of licence applications.
If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
In cases where imports are allocated on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Through the communication between country authorities in charge of the implementation of the CITES Convention.
Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
There are no such products.