Law on foreign trade.
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
This Law regulates all necessary issues regarding the foreign trade activity in goods and services. Foreign trade is free and can be restricted only under the conditions prescribed by this Law. Every person can engage in foreign trade in accordance with his legal and business capacity, i.e. in accordance with the regulations governing the performance of related activities. The Government of Montenegro is responsible for prescribing restrictive measures. The transfer of ownership rights to goods under customs supervision is free and does not affect the obligation to pay import customs duties and other obligations arising from customs regulations. Procedures undertaken in accordance with the provisions of this Law cannot be implemented in such a way as to limit the external trade or that they represent covert protection of domestic products. This Law does not apply to foreign trade in arms, military equipment and dual-use goods that are governed by special regulations.
The text is divided into six main Parts (each with related thematic sub-chapters) and a total of 57 articles. Titles are as follows: Part One-General provisions; Part Two-Foreign trade in goods; Part Three- Foreign trade in services; Part Four-Protective measures; Part Five-Supervision; Part Five A-Penalty measures; and Part Six-Final provisions.
Article 22 declares that the state administration body responsible for the protection of plant and animal health decides on the request for issuance of permits for the import of plants and animals, products of plant and animal origin and other goods that may be carrier or transmitter of organisms harmful to plants and the cause of diseases and zoonoses that can endanger health animals and people; that the state administration body responsible for environmental protection issues decides on the request for the issuance of a permit for import, transit or export of hazardous waste, as well as rare plant and animal species. Veterinary, sanitary and phytosanitary conditions are laid down in article 29.
The provisions of this Law shall apply to the introduction or application of restrictive measures affecting foreign as for: 1) protection of public morality; 2) protection of life and health of people, animals or plants; 3) import or export of gold or silver; 4) protection of intellectual property rights; 5) foreign trade in products made in organizations for the execution of criminal sanctions; 6) protection of artistic, historical or archaeological treasures; 7) protection of non-renewable natural resources, if these measures are applied together with domestic restrictions production or consumption; 8) fulfillment of obligations from the international commodity agreement that is in accordance with the criteria submitted to the members of the World Trade Organization (WTO) or which was submitted to the members of the WTO with no later objections; 9) limiting the export of raw materials produced in Montenegro, needed for the domestic processing industry to provide the necessary quantities of those raw materials in the period when the price of those raw materials on the domestic market is below prices on the world market, provided that such restrictions do not result in increased exports or protection domestic industry; 10) obtaining or distributing products, due to their shortage, provided that all countries have the right to a fair share in the supply of those products and that those measures are abolished when the reasons for which they were introduced cease to exist; 11) protection for security reasons if measures are taken: in relation to fissile materials or materials used for their production, related to the trade in weapons, ammunition and war material, as well as trade in other articles and materials that are directly or indirectly intended for supplying the armed forces, undertaken during war or other emergency situations in international relations, or undertaken in order to fulfill obligations from the Charter of the United Nations in terms of maintaining international peace and security. Supervision over the application of this Law and over regulations adopted on its basis, will be performed by: the state administration body responsible for foreign trade affairs; state administration body responsible for cultural affairs; state administration body responsible for plant and animal health protection; state body administration responsible for environmental protection and the state administration body responsible for health protection.
The text is divided into six main Parts (each with related thematic sub-chapters) and a total of 57 articles. Titles are as follows: Part One-General provisions; Part Two-Foreign trade in goods; Part Three- Foreign trade in services; Part Four-Protective measures; Part Five-Supervision; Part Five A-Penalty measures; and Part Six-Final provisions.
Article 22 declares that the state administration body responsible for the protection of plant and animal health decides on the request for issuance of permits for the import of plants and animals, products of plant and animal origin and other goods that may be carrier or transmitter of organisms harmful to plants and the cause of diseases and zoonoses that can endanger health animals and people; that the state administration body responsible for environmental protection issues decides on the request for the issuance of a permit for import, transit or export of hazardous waste, as well as rare plant and animal species. Veterinary, sanitary and phytosanitary conditions are laid down in article 29.
The provisions of this Law shall apply to the introduction or application of restrictive measures affecting foreign as for: 1) protection of public morality; 2) protection of life and health of people, animals or plants; 3) import or export of gold or silver; 4) protection of intellectual property rights; 5) foreign trade in products made in organizations for the execution of criminal sanctions; 6) protection of artistic, historical or archaeological treasures; 7) protection of non-renewable natural resources, if these measures are applied together with domestic restrictions production or consumption; 8) fulfillment of obligations from the international commodity agreement that is in accordance with the criteria submitted to the members of the World Trade Organization (WTO) or which was submitted to the members of the WTO with no later objections; 9) limiting the export of raw materials produced in Montenegro, needed for the domestic processing industry to provide the necessary quantities of those raw materials in the period when the price of those raw materials on the domestic market is below prices on the world market, provided that such restrictions do not result in increased exports or protection domestic industry; 10) obtaining or distributing products, due to their shortage, provided that all countries have the right to a fair share in the supply of those products and that those measures are abolished when the reasons for which they were introduced cease to exist; 11) protection for security reasons if measures are taken: in relation to fissile materials or materials used for their production, related to the trade in weapons, ammunition and war material, as well as trade in other articles and materials that are directly or indirectly intended for supplying the armed forces, undertaken during war or other emergency situations in international relations, or undertaken in order to fulfill obligations from the Charter of the United Nations in terms of maintaining international peace and security. Supervision over the application of this Law and over regulations adopted on its basis, will be performed by: the state administration body responsible for foreign trade affairs; state administration body responsible for cultural affairs; state administration body responsible for plant and animal health protection; state body administration responsible for environmental protection and the state administration body responsible for health protection.
Attached files
Web site
Entry into force notes
This text entered into force eight days after its publication in the Official Gazette
Notes
Consolidated version
Repealed
No
Publication reference
Official Gazette of Montenegro 28/2004-57/2014
Source language
English
Legislation Amendment
No
Original title
Zakon o spoljnoj trgovini.