Republic of Montenegro Ministry of Finance - Ministarstvo finansija
Republic of Montenegro Ministry of Finance - Ministarstvo finansija
Republic of Montenegro Ministry of Finance - Ministarstvo finansija
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<strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong><br />
<strong>Ministry</strong> <strong>of</strong> <strong>Finance</strong><br />
BULLETIN OCTOBER<br />
- DECEMBER 2005.<br />
Number II
REPUBLIC OF MONTENEGRO<br />
MINISTRY OF FINANCE<br />
BULLETIN II<br />
OCTOBER-DECEMBER 2005<br />
www.ministarstvo-finasija.vlada.cg.yu<br />
TAX ADMINISTRATION: www.poreskauprava.vlada.cg.yu<br />
CUSTOMS OFFICE: www.gom.cg.yu/carine<br />
ANTI-CORRUPTION DIRECTORATE: www.antikorup.vlada.cg.yu<br />
DIRECTORATE FOR ANTI-MONEY LONDERY: www.gom.cg.yu/aspn<br />
DIRECTORATE FOR REAL ESTATES: www.nekretnine.cg.yu
CONTENTS<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
CONTENTS:<br />
4-5<br />
6-15<br />
16-18<br />
19<br />
20-21<br />
22<br />
23-24<br />
25-26<br />
1. INTRODUCTION<br />
- Igor Lukšić, Ph.D., Minister <strong>of</strong> <strong>Finance</strong><br />
2. BUDGET FOR 2006<br />
- Milan Dabović, Ph.D., Assistant to the Minister,<br />
Ivana Vuletić, Executive, Budget Policy and Procedure<br />
Department<br />
3. CONSOLIDATED PUBLIC SPENDING<br />
- Stanko Jeknić Ph.D., Head, Macroeconomic<br />
Analysis and Co-operation with International Institutions<br />
Department, Radovan Živković and Slobodanka Labus,<br />
Independent Advisors I, and Snežana Mugoša<br />
Senior Advisor I<br />
4. CAPITAL BUDGET<br />
- Ljiljana Crnčević , Executive, Public Investment Planning<br />
Department, Budget Sector<br />
5. PRIVATIZATION OF BANKING SECTOR<br />
- Milorad Katnić, M.A., Assistant to the Minister , Bojana<br />
Bošković<br />
6. CREDIT RATING OF MONTENEGRO<br />
- Vladimir Kavarić , M.A. Secretary, <strong>Ministry</strong> <strong>of</strong> <strong>Finance</strong><br />
7. OUTLINE OF THE CUSTOMS TARIFF LAW<br />
- Koviljka Mihailović, Assistant to the Minister,<br />
Mitar Bajčeta, Independent Advisor I<br />
8. WHICH AMENDMENTS<br />
WERE MADE TO THE EXCISE DUTY LAW<br />
- Koviljka Mihailović, Assistant to the Minister,<br />
Ružica Glomazić, Senior Advisor I<br />
2
CONTENTS<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
27-28<br />
29<br />
30-31<br />
32<br />
33<br />
34-36<br />
37<br />
38<br />
39-40<br />
41<br />
42<br />
43<br />
44-45<br />
46-48<br />
9. ROLE OF THE CUSTOMS SYSTEM IN THE OVERALL<br />
ECONOMIC REFORM PROCESS<br />
- Miodrag Radusinović, Director - Customs administration<br />
10. ACTIVITIES AND DEVELOPMENT OF ADMINISTRATION<br />
FOR THE PREVENTION OF MONEY LAUNDERING<br />
- Predrag Mitrović, M.A., Director - Administration for the<br />
Prevention <strong>of</strong> Money Laundering<br />
11. ANTI-CORRUPTION ACTIVITIES IN MONTENEGRO<br />
- Veselin Šuković M.A., Director - Anti Corruption Initiative<br />
Administration<br />
12. RESTITUTION<br />
- First Compensations - Đorđina Lakić, Director,<br />
Compensation Fund<br />
13. RESTITUTION - SECOND-INSTANCE PROCEDURE<br />
- Zoran Radulović, Independent Advisor I<br />
14. CO-OPERATION WITH INTERNATIONAL INSTITUTIONS<br />
- IMF - INTERNATIONAL CO-OPERATION DEPARTMENT<br />
- Executive, Jadranka Radunović, Nataša Kovačević,<br />
Dragan Darmanović - advisors.<br />
15. CAPITAL MARKET OF MONTENEGRO<br />
- Predrag Stamatović, Advisor to the Minister<br />
16. INSURANCE SECTOR IN MONTENEGRO<br />
-Milanka Obradović, Biljana Doderović,<br />
Insurance Supervision Unit<br />
17. PUBLIC PROCUREMENT OF MONTENEGRO<br />
- Katarina Radović, Secretary, Public Procurement Commission<br />
18. OLD FOREIGN CURRENCY SAVING BONDS<br />
- Nataša Novaković, Independent Advisor I<br />
19. IMPLEMENTATION OF THE LAW ON CIVIL SERVANTS<br />
AND STATE EMPLOYEES<br />
- Bosa Pavićević, Head, Payroll Accounts Sector,<br />
Olga Uskoković, Advisor<br />
20. STABILE FUNDING OF THE DEFENSE SYSTEM<br />
- Mijajlo Savović, M.A., Advisor for the Defense Budget,<br />
<strong>Ministry</strong> <strong>of</strong> <strong>Finance</strong><br />
21. THE MOST IMPORTANT ACTIVITIES OF THE FINANCE<br />
MINISTER - PR SERVICE<br />
- Ana Miljanić, Spokesperson, <strong>Ministry</strong> <strong>of</strong> <strong>Finance</strong>,<br />
Maja Bašić, Senior Employee I<br />
22. LEGISLATION RELATED ACTIVITIES<br />
- Ana Miljanić, spokesperson - <strong>Ministry</strong> <strong>of</strong> <strong>Finance</strong><br />
Bulletin <strong>of</strong> the <strong>Ministry</strong> <strong>of</strong> <strong>Finance</strong><br />
October-December 2005<br />
NUMBER:<br />
2<br />
PUBLISHED:<br />
quarterly<br />
PUBLISHER:<br />
<strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong><br />
The <strong>Ministry</strong> <strong>of</strong> <strong>Finance</strong><br />
FOR PUBLISHER:<br />
Igor Lukšić Ph.D.<br />
EDITOR-IN-CHIEF:<br />
Ana Miljanić<br />
EDITORIAL BOARD:<br />
Koviljka Mihailović, Milorad Katnić<br />
M.A., Milan Dabović PhD<br />
TRANSLATOR:<br />
Jelena Čađenović<br />
Design:<br />
Adil Tuzović<br />
CONTACT:<br />
PR Office <strong>of</strong> the <strong>Ministry</strong> <strong>of</strong> <strong>Finance</strong><br />
TEL:<br />
+381 81 224 581<br />
FAX:<br />
+381 81 224 450<br />
E-MAIL:<br />
mf@mn.yu<br />
WEB:<br />
www.ministarstvo-<strong>finansija</strong>.vlada.cg.yu<br />
ADDRESS:<br />
Stanka Dragojevića 2, Podgorica<br />
PRINT:<br />
NJP Pobjeda<br />
COPYES:<br />
400<br />
3
Introduction<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
MINISTER OF FINANCE<br />
IGOR LUKŠIĆ, PH.D.<br />
CONTAKT:<br />
PHONE:<br />
+381 81 242-835,<br />
FAX:<br />
+381 81 224 450<br />
E-MAIL:<br />
mf@mn.yu<br />
WEB:<br />
www.ministarstvo-<strong>finansija</strong>.vlada.cg.yu<br />
Introduction<br />
Dear Readers,<br />
We are at the begining <strong>of</strong> a very important<br />
year for <strong>Montenegro</strong> both in political<br />
and economic sense. We are entering<br />
a final phase <strong>of</strong> the economic transition,<br />
which will be marked by bringing to an<br />
end the privatization process and carrying<br />
on in-depth reforms <strong>of</strong> the pension and<br />
public health system. A set <strong>of</strong> adopted<br />
laws creates a stabile framework for facing<br />
these and, later on, post-transition challenges<br />
in the European integration process.<br />
At the same time, in the course <strong>of</strong><br />
2006, issue <strong>of</strong> the state and legal status <strong>of</strong><br />
the country is going to be resolved, which<br />
will significantly influence further development<br />
<strong>of</strong> the Montenegrin economy.<br />
Last year was a successful one for the<br />
Montenegrin economic system. For three<br />
years in a row, the macro-economic situation<br />
has been stabile with growing GDP.<br />
Although <strong>of</strong>ficial statistics shows the GDP<br />
growth <strong>of</strong> about 4%, according to assessments<br />
made within the <strong>Ministry</strong> <strong>of</strong> <strong>Finance</strong>,<br />
it seems that such growth is, however,<br />
bigger - exceeding 5%. Unemployment<br />
rate is decreasing and, after a long period<br />
<strong>of</strong> time, fell below 19%. Inflation is further<br />
decreasing and last year it was about 2%<br />
although it was projected 3%. Budget revenues<br />
were also stabile, out <strong>of</strong> which tax revenues<br />
during 12 months <strong>of</strong> 2005 are higher<br />
by about 17% compared to those in<br />
2004. Deficit has also been decreasing<br />
along with implementation <strong>of</strong> a strong fiscal<br />
consolidation in 2005, through reduction<br />
<strong>of</strong> all forms <strong>of</strong> public debt or general<br />
government sector debt. This is particularly<br />
reflected in reduction <strong>of</strong> internal debt<br />
through reduction <strong>of</strong> the bank credit and<br />
treasury bills liabilities, which resulted in<br />
about 1% interest rate on the treasury bills<br />
at last auctions in 2005. In a larger sense,<br />
interest rates are gradually decreasing,<br />
which indicates a reduction <strong>of</strong> general risk<br />
rate in <strong>Montenegro</strong>. There is only a foreign<br />
trade imbalance, but it is inevitable for a<br />
developing country. Finally, it means that<br />
foreign currency saving serves for domestic<br />
investment. The overall picture will<br />
progressively be better along with expected<br />
increase <strong>of</strong> export.<br />
Such policy and achievements in the<br />
implementation <strong>of</strong> reforms, creating a stabile<br />
institutional business environment<br />
and improved position <strong>of</strong> <strong>Montenegro</strong> at<br />
the international global market led to improving<br />
<strong>of</strong> the country's credit rating with<br />
the renowned international institution for<br />
assessment <strong>of</strong> a credit risk - Standard &<br />
Poor's. In the very first year, the credit rating<br />
mark "BB stabile" was promoted to<br />
"BB positive" based on a significant progress<br />
in the economic and policy reforms<br />
and in strengthening <strong>of</strong> the macroeconomic<br />
stability. We may expect a faster<br />
growth <strong>of</strong> our credit rating after realization<br />
<strong>of</strong> planned referendum, together with<br />
growth <strong>of</strong> foreign investment. Completion<br />
<strong>of</strong> reforms and restructuring <strong>of</strong> the banking<br />
sector, which has been strongly progressing<br />
with a huge capacity for further<br />
growth, should contribute to this end.<br />
4
Introduction<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
In addition to repayment <strong>of</strong> debt related<br />
to old foreign currency savings, in<br />
2005 we launched a very strong process <strong>of</strong><br />
restitution, which is aimed at recognizing<br />
importance <strong>of</strong> private property protection<br />
in accordance with the relevant law. After<br />
a year and a half from adoption <strong>of</strong> the law,<br />
first compensations were paid. The above<br />
process was launched in the neighbouring<br />
countries ten years ago, while related<br />
compensations were only recently paid.<br />
Strong contribution to protection <strong>of</strong> private<br />
property and thus creation <strong>of</strong> conditions<br />
for attraction <strong>of</strong> foreign investment<br />
will be made by adoption <strong>of</strong> set <strong>of</strong> laws to<br />
be prepared during 2006. These are property<br />
laws, among which the most important<br />
one is a law on property relations.<br />
In February 2006, we are to conclude<br />
the current agreement with the IMF, which<br />
should be a confirmation that macroeconomic<br />
policy was successfully conducted in<br />
the previous period. The agreement with<br />
the IMF is connected with programs <strong>of</strong> other<br />
international financial institutions,<br />
thus ensuring the fastest way for verifying<br />
legitimacy <strong>of</strong> the economic and fiscal situation<br />
in the country. <strong>Montenegro</strong>, as an<br />
open country, established good communication<br />
with international community, improved<br />
its economic position and fiscal stability,<br />
so that relations between <strong>Montenegro</strong><br />
and IMF will not be suspended in future,<br />
while the very form and the contents <strong>of</strong><br />
an agreement will depend on objectives we<br />
want to achieve. The IMF reports on the situation<br />
in <strong>Montenegro</strong> indicate a constant<br />
improvement and execution <strong>of</strong> the agreed<br />
schedule <strong>of</strong> tasks under the agreement. In<br />
the transitional period, until relations with<br />
Serbia are resolved, communication with<br />
the IMF will continue on the principle <strong>of</strong><br />
monitoring <strong>of</strong> the economic situation. Given<br />
that 2006 is a year <strong>of</strong> elections, it is natural<br />
that a new government negotiates on<br />
a program <strong>of</strong> co-operation to which such<br />
government will be committed, although,<br />
some basic principles might be established<br />
meanwhile.<br />
In 2006, tax framework will be further<br />
analyzed, both at state and local level,<br />
which should result in further tax cut in<br />
compliance with a budget framework and<br />
projections, primarily, with respect to income<br />
tax by phasing out progressive taxation<br />
and introducing one rate. All previous<br />
tax reforms were successfully implemented.<br />
Tax burden on labour was cut by<br />
10%, while as <strong>of</strong> 2006 pr<strong>of</strong>it tax rate <strong>of</strong> 9%<br />
will be applicable. Nothing spectacular<br />
will happen upon the country's international<br />
recognition next year as regards the integration<br />
process. We will continue talks<br />
with the EU and WTO about the integration<br />
processes according to defined dynamics.<br />
It will be important to regulate a<br />
membership into the international financial<br />
institutions in line with their relevant<br />
procedures.<br />
However, irrespective <strong>of</strong> economic issues,<br />
2006 is strongly marked by political<br />
events, which should verify a democratic<br />
maturity <strong>of</strong> the Montenegrin society and<br />
its way toward a lasting democratic consolidation.<br />
For that reason, regaining full sovereignty<br />
through international recognition<br />
will lead to even stronger growth and development.<br />
Rise in investments and number<br />
<strong>of</strong> new jobs should amortize inevitable process<br />
<strong>of</strong> public administration reform, through<br />
its further mainstreaming, which, together<br />
with further reduction <strong>of</strong> public<br />
spending and public debt and increase in<br />
the <strong>Republic</strong> budget revenues, remains main<br />
objective <strong>of</strong> the fiscal policy.<br />
Sincerely,<br />
Minister <strong>of</strong> <strong>Finance</strong><br />
Igor Lukšić, Ph.D.<br />
Cabinet-meeting <strong>of</strong> the Ministy <strong>of</strong> <strong>Finance</strong><br />
5
Budget for 2006<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
Budget <strong>of</strong> the <strong>Republic</strong> <strong>of</strong><br />
Montengro for 2006<br />
1. MACROECONOMIC FRAMEWORK AND PUBLIC EXPENDITURE<br />
ASSISTANT TO THE MINISTER OF FINANCE, MILAN DABOVIĆ, Ph.D.<br />
MANAGER OF THE DEPARTMENT FOR BUDGET POLICY AND PROCEDURES, IVANA VULETIĆ<br />
Phone: 081- 243-274, 225-266 ; e-mail: mf@mn.yu;<br />
Economic policy <strong>of</strong> the Government <strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong> and objectives defined by the Agenda <strong>of</strong> Economic Reforms represented the<br />
starting point for preparation <strong>of</strong> the budget for 2006. Proceeding from the basic objectives <strong>of</strong> economic policy it is projected in 2006 to lower the deficit<br />
level, reduce its share as well as the total public expenditure share in GDP. The basic parameters <strong>of</strong> fiscal policy are adjusted to the frameworks<br />
and objectives agreed with the IMF and the World Bank and harmonized with the EU directives.<br />
Public expenditure in 2006 is projected in accordance with the trend <strong>of</strong><br />
basic economic indicators, which represent the starting framework for estimation<br />
<strong>of</strong> fiscal potential from domestic funding sources. Consistent data<br />
about gross domestic product size presented in the Agenda <strong>of</strong> Economic Reforms<br />
in <strong>Montenegro</strong> as well as in the IMF papers, determined their usage in<br />
the analysis <strong>of</strong> macroeconomic trends and relative comparisons <strong>of</strong> the basic<br />
categories <strong>of</strong> public expenditure with GDP trends in the period from 2003-<br />
2007. According to the Agenda estimated size <strong>of</strong> GDP is higher than the IMF estimation, and average annual rates show stable economic growth trend<br />
in the period from 2003 to 2007. Starting estimates show that the gross domestic product in 2005 will amount to 1.644,00 mil.eur and that annual<br />
nominal growth rate will amount to 7,10%. For 2006 the nominal growth rate is projected to amount to 7,00% and real 4,5%, with gross domestic<br />
product amounting to 1.759,00 mil.eur .<br />
Public expenditure level is to the greatest extent determined by the estimated Gross Domestic Product for 2006 as well as the data about flows <strong>of</strong><br />
revenues in the previous period with the monthly decomposition <strong>of</strong> their realization for each year individually. Consolidated public expenditure and<br />
budget <strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong> are projected within the limits which provide for relative reduction <strong>of</strong> their share in the gross domestic product,<br />
as well as absolute and relative deficit reduction.<br />
It is planned that public expenditure reduces its share in GDP during 2005 and 2006. If we exempt project loans from 2005 and 2006 we can see<br />
that public expenditure in the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong> reduces its share in the Gross Domestic Product from 45,52 % in 2004 to 45,19 % in 2005 and<br />
that by the budget for 2006 further public expenditure share reduction to 44,19% is projected. After consolidation <strong>of</strong> contributions paid by employer,<br />
share <strong>of</strong> public expenditure in gross domestic product is significantly lower and amounts to 42,78 %. In accordance with the economic policy objectives<br />
and objectives defined by the Agenda <strong>of</strong> Economic Reforms the proposed budget will provide for further public expenditure balancing in 2006<br />
along with relative reduction <strong>of</strong> deficit share in GDP.<br />
1 - In the text will be used BDP estimations defined by the Agenda <strong>of</strong> Economic Reforms for <strong>Montenegro</strong> from April 2005. These are for 2005 1.644 mil.eur, for 2006 1.759.mil.eur and for<br />
2007 1.873,30 mil.eur.<br />
6
Budget for 2006<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
Projected absolute and relative reduction <strong>of</strong> consolidated deficit shows<br />
that <strong>Montenegro</strong> creates conditions for a stable concept <strong>of</strong> financing public<br />
expenditure, what along with regular fulfilment <strong>of</strong> obligations in relation to<br />
foreign debts provides for a quality cooperation with the international financial<br />
institutions. Thus, direct international community support continuation<br />
is provided for reforms in public finances, education and health<br />
system, as well as infrastructure funding through project loans.<br />
Deficit share in GDP<br />
Deficit financing in the next year will be provided from the budget <strong>of</strong><br />
the <strong>Republic</strong>, and in that way will be created necessary conditions for regular<br />
fulfilment <strong>of</strong> obligations which come within the domain <strong>of</strong> extra-budgetary<br />
funds - pensions, health protection and compensations for unemployed<br />
persons. Namely, transfers to the extent which will provide for a stable<br />
system <strong>of</strong> social and health protection determined by law are projected by<br />
the budget, and funds which are necessary for possible military pensions financing<br />
and health protection <strong>of</strong> military persons are also put asside.<br />
Consolidated deficit <strong>of</strong> public expenditure for 2006 is projected at the<br />
level <strong>of</strong> 30,07 mil. eur, what is 13,04 mil. eur less in relation to 2005. It is<br />
planned that deficit share is 1,71 % in Gross Domestic Product in 2006, what<br />
means relative decrease in its share by 1 index point. Apart from deficit for<br />
2006 debts repayment is projected to the amount <strong>of</strong> 31,39 mil. eur, so that<br />
funds for deficit funding and debt repayment amount to 61,39 mil.eur. Funding<br />
sources are provided from credits to the amount <strong>of</strong> 9,18 mil. eur, donations<br />
5,50 mil.eur, project loans 12,00 mil. eur, privatization proceeds<br />
29,28 mil. eur and deposit funds 5,51 mil. eur.<br />
State budget expenditure after exemption <strong>of</strong> transfers is projected to the<br />
level <strong>of</strong> 423,10 mil.eur with share <strong>of</strong> 24,05 % in the gross domestic product<br />
in 2006, Pension and Disability Fund Insurance to the amount <strong>of</strong> 165,13 mil.<br />
eur with share <strong>of</strong> 9,39 % in the gross domestic product, Health Fund to the<br />
amount <strong>of</strong> 112,09 mil. eur with share <strong>of</strong> 6,37 % in the gross domestic product<br />
and Employment Bureau to the amount <strong>of</strong> 16,23 mil. eur with share <strong>of</strong><br />
MACROECONOMIC FRAMEWORK<br />
%share<br />
DESCRIPTION 2004 2005 2006<br />
Gross Domestic Product 100,00 100,00 100,00<br />
State budget <strong>of</strong> <strong>Montenegro</strong> 23,82 24,06 24,05<br />
Pension and Disability Insurance Fund 9,88 9,31 9,39<br />
Health Care Fund 6,15 6,64 6,37<br />
Employment Bureau 0,73 1,16 0,92<br />
Local self-governance 4,93 4,02 3,91<br />
PUBLIC EXPENDITURES 45,51 45,18 44,64<br />
0,92 % in the gross domestic product. At the local governance level the expenditure is estimated to the amount <strong>of</strong> 68,71 mil.eur or 3,91 % <strong>of</strong> the gross<br />
domestic product.<br />
Public expenditure funding sources in 2006 will be provided from taxes at the level <strong>of</strong> 462,66 mil.eur, contributions 203,99 mil.eur, duties 18,34<br />
mil.eur, compensations 28,20 mil.eur, other revenues 40,36 mil.eur and deposit funds to the amount <strong>of</strong> 4,93 mil.eur. In that process tax revenues show<br />
significantly faster dynamics <strong>of</strong> growth <strong>of</strong> contributions, duties, compensations and other revenues.<br />
Taxes are projected at the level <strong>of</strong> 462,66 mil.eur and revenues will be provided mostly from the Value Added Tax to the amount <strong>of</strong> 215,11 mil. eur.<br />
During 2004 value added tax collection was by 7,84 % higher than projected, while in comparison to 2003 revenues on this basis were higher by 15,21<br />
%. In addition, in 2005 revenues realization on this basis was estimated at the level <strong>of</strong> 195,00 mil.eur, while the planned level was 188,89 mil.eur. Next<br />
7
Budget for 2006<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
year a bit more moderate dynamics <strong>of</strong> revenues<br />
growth from value added tax with 10% rate at the<br />
annual level is projected, having in mind that fiscal<br />
effects <strong>of</strong> growth were the highest during the<br />
first three years and that we can not expect high<br />
rates in the next year as in the previous period.<br />
Physical Persons Income Tax is projected at the level<br />
<strong>of</strong> 88,03 mil.eur out <strong>of</strong> which 70,38 mil.eur is<br />
intended for funding the budget <strong>of</strong> the <strong>Republic</strong><br />
<strong>of</strong> <strong>Montenegro</strong> and 17,65 mil.eur to finance the<br />
local governance needs. It should be pointed out<br />
that reduction <strong>of</strong> rates for the Physical Persons Income<br />
Tax calculation by 10% did not bring about<br />
reduction inflow on this basis. However, revenues<br />
growth dynamics is a bit more moderate so that<br />
the total revenue on this basis is estimated at the<br />
level <strong>of</strong> the gross domestic product growth. In addition,<br />
as regards collection <strong>of</strong> Physical persons income<br />
tax positive fiscal effects are expected with<br />
application <strong>of</strong> the Law on unified registration and<br />
system <strong>of</strong> reporting about calculation and collection<br />
<strong>of</strong> taxes and contributions in 2006. Revenues<br />
from Legal persons pr<strong>of</strong>it tax are projected at the<br />
level <strong>of</strong> 16,04 mil. eur and they are lower than<br />
Assistant to the Minister <strong>of</strong> <strong>Finance</strong>, Milan Dabović, P.hD.<br />
Manager <strong>of</strong> the Department for Budget Policy and Procedures, Ivana Vuletić<br />
projected in 2005, what is consequence <strong>of</strong> pr<strong>of</strong>it tax rate reduction from 17,00 % to 9,00 %, which will be applied in 2006. Excises are projected at the<br />
level <strong>of</strong> 77,54 mil.eur and are higher than planned for 2005. Higher collection is determined by revenues from excises which are collected in the course<br />
<strong>of</strong> import, what corresponds to Value Added Tax collection. International trade and transactions tax is planned at the level <strong>of</strong> 39,71 mil. eur what is at<br />
the level <strong>of</strong> the plan for 2005. Lower dynamics <strong>of</strong> revenues growth on this basis is consequence <strong>of</strong> import <strong>of</strong> goods from the <strong>Republic</strong> <strong>of</strong> Serbia, as well<br />
as due to concluding several agreements on free trade with the sorrounding countries, for which reduced tariff rates are determined.<br />
Duties, compensations and other revenues in 2006 are projected at the level <strong>of</strong> 86,90 mil. eur. Duties are projected at the level <strong>of</strong> 18,34 mil<br />
.eur and the biggest part is related to the taxes which belong to the budget <strong>of</strong> the <strong>Republic</strong> 10,54 mil. eur, while duties intended for the Employment<br />
Bureau amount to 1,40 mil.eur, and for local governments needs funding 6,40 mil.eur. Compensations are projected at the level <strong>of</strong> 28,20 mil. eur out<br />
<strong>of</strong> which for the <strong>Republic</strong> budget funding is planned 10,83 mil. eur and for local governments funding 17,37 mil. eur. Other revenues for the next year<br />
are projected to the amount <strong>of</strong> 40,36 mil. eur and the biggest part is related to the budget <strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong> 34,12 mil. eur, out <strong>of</strong> which<br />
the biggest part is planned on the basis <strong>of</strong> fines and arrear tax claims collection.<br />
Contributions in 2006 are planned at the level <strong>of</strong> 203,98 mil. eur out <strong>of</strong> which 122,00 mil. eur is related to pension and disability insurance contributions,<br />
contributions for health insurance 76,69 mil. eur and contributions for unemployment insurance 5,30 mil.eur<br />
Foreign funding for 2006 is projected to the amount <strong>of</strong> 10,07 mil.eur, i.e. with projected withdrawal <strong>of</strong> funds on the basis <strong>of</strong> project loans 12,00<br />
mil. eur, foreign funding amounts to 22,07 mil. eur. Donations are projected to the amount <strong>of</strong> 5,50 mil. eur, out <strong>of</strong> which 4,50 mil. eur is related to<br />
the EU Macro-financial assistance, 0,10 mil. eur to Integral management <strong>of</strong> the Skadar lake ecosystem - <strong>Ministry</strong> <strong>of</strong> Environmental Protection, 0,90<br />
8
Budget for 2006<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
mil.eur to construction <strong>of</strong> the Penitentiary Institute facilities and 0,004 mil.eur for financing the shelter in the framework <strong>of</strong> the program <strong>of</strong> the National<br />
coordinator for fight against human trafficking. Foreign credits are projected to the amount <strong>of</strong> 5,11mil. eur and are related to the specific -purpose<br />
IDA credits (Pension System Promotion Project 1,50 mil.eur, Health System Promotion Project 2,50 mil.eur and Education System Promotion Project<br />
1,11 mil.eur.<br />
Policy <strong>of</strong> expenses in 2006 is based upon the deficit reduction concept and reduction <strong>of</strong> current expenses share, gross income and other personal<br />
income in the gross domestic product.<br />
Gross income, other personal income and current expenses in 2006 are projected at the level <strong>of</strong> 390,26 mil.eur. Gross income and other personal<br />
income share in the gross domestic product projected to 12,50 % is lower in comparison to the plan for 2005 which amounted to 12,92 %. Controlled<br />
growth <strong>of</strong> income fund and relative decrease <strong>of</strong> its share in the gross domestic product represent the basic presumption for realization <strong>of</strong> stable public<br />
expenditure financing concept and bringing down the budget deficit. During 2004 and 2005 the level <strong>of</strong> funds determined for financing income and<br />
other personal income in the absolute amount remained unchanged, so in that period their participation in the gross domestic product was reduced by<br />
almost one percentage point. The planned funds for income in 2006 increased, but their relatively lower share in the gross domestic product is maintained.<br />
The increase is the result <strong>of</strong> implementation <strong>of</strong> reforms which required the new spending units constituting, implementation <strong>of</strong> reforms laws in the<br />
part <strong>of</strong> increase <strong>of</strong> the range between coefficients, as well as increase <strong>of</strong> the minimum wage, which did not increase in the last years. Current expenses during<br />
2005 are significantly lower in comparison to 2004. The amount <strong>of</strong> 170,36 mil.eur is projected for 2006 and in that way returned to the level from<br />
2004. The reason for this increase is intention to settle, in 2006, outstanding liabilities <strong>of</strong> the state from the previous period regarding uncollected tax claims.<br />
If the funds intended for compensation <strong>of</strong> accrued liabilities are exempted then the current expenses are at the level lower than planned for 2005.<br />
Transfers are projected at the level <strong>of</strong> 333,20 mil.eur and intended for financing the rights in the field <strong>of</strong> social protection, as well as transfer for<br />
the non-govrenmental organizations, institutions and individuals. Funds for social rights protection are mostly determined for the pension insurance<br />
rights 159,13 mil.eur, health protection 58,16 mil.eur and realization <strong>of</strong> social program <strong>of</strong> the <strong>Republic</strong>an budget 31,60 mil.eur, while 5,85 mil.eur is<br />
determined for redundancies. Increase in transfers for social protection mostly appeared due to reserving funds which could be used for military pensions<br />
payment in 2006, as well as for financing the military insurance holders health protection.<br />
Capital expenses are planned to the amount <strong>of</strong> 61,79 mil. eur and the share in the gross domestic product for the next year is 3,51 %. Capital expenses<br />
which will be realized from the <strong>Republic</strong>an budget are planned to the amount <strong>of</strong> 35,08 mil.eur and they are intended for financing the infrastrucutre<br />
<strong>of</strong> general importance, local infrastructure, construction facilities and equipment procurement. Expenses for infrastructure <strong>of</strong> general significance<br />
are planned to the amount <strong>of</strong> 7,22 mil. eur and participate with 20,70 % in the total planned funds for capital expenses. Out <strong>of</strong> total planned<br />
funds 4,00 mil.eur is determined for construction <strong>of</strong> road Podgorica - Kolašin, for public works programs 2,45 mil. eur i.e. for reconstruction <strong>of</strong> the<br />
street Partizanski Put in Nikšić, border crossing Virpazar, road Risan - Dragulji and bridge Rasovo - Municipality <strong>of</strong> Bijelo Polje and 0,72 mil. eur for<br />
regulation <strong>of</strong> water course in the Administartion for Water. Funds for local infrastructure are planned to the amount <strong>of</strong> 4,00 mil. eur, and they are related<br />
to the reconstruction <strong>of</strong> the road for the settlement "Swedish houses" in Cetinje, reconstruction <strong>of</strong> road and promenade in Zabljak, reconstruction<br />
<strong>of</strong> the town street in Bijelo Polje, reconstruction <strong>of</strong> the town roads in Niksic, Kotor, Berane, Danilovgrad and Mojkovac and local waterworks reconstruction.<br />
Expenses for construction facilities are planned to the amount <strong>of</strong> 10,07 mil. eur and participate with 1,94 % in the total planned budget<br />
funds in 2006. Capital expenses <strong>of</strong> the Health fund are planned to the amount <strong>of</strong> 2,76 mil. eur and the biggest part will be directed for information<br />
system procurement. It is estimated that expenditure at the local governance level for these purposes would amount to 23,43 mil.eur and would<br />
mostly be intended for construction and arrangement <strong>of</strong> local infrastructure.<br />
2. BUDGET OF THE REPUBLIC O F MONTENEGRO FOR 2006<br />
9
Budget for 2006<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
Expenses <strong>of</strong> the budget for 2006 are projected to the amount <strong>of</strong> 518,91 mil. eur and they are balanced with the funding sources. Funding sources<br />
- receipts in the part <strong>of</strong> current revenues are projected to the amount <strong>of</strong> 480,10 mil. eur, receipts from property selling to the amount <strong>of</strong> 7,00 mil. eur,<br />
donations 5,50 mil. eur, funds transfered from the previous year - deposits which will be used 21,20 mil. eur and lendings and credits from foreign<br />
sources 5,10 mil. eur. Projected deficit for 2006 amounts to 38,77 mil. eur including project loans to the amount <strong>of</strong> 12,00 mil. eur .<br />
Current expenses,<br />
transfers lending, debt<br />
and guarantee<br />
repayment 471,80<br />
Capital expenses<br />
47,07 mil.eur<br />
Current revenues<br />
471,80<br />
Current expenses<br />
surplus - 8,29<br />
Deficit - 38,77<br />
Projection <strong>of</strong> the <strong>Republic</strong> budget revenues for 2006 is performed on the basis <strong>of</strong> revenues realized in the previous years and in the first eight<br />
months in 2005, estimated GDP growth, retail prices as well as the projected fiscal impact <strong>of</strong> the new regulations which will be applied in 2006. On<br />
the basis <strong>of</strong> the given parameters budget current revenues <strong>of</strong> the <strong>Republic</strong> (without privatization proceeds, donations and lending and credits) in 2006<br />
are projected to the amount <strong>of</strong> 480,10 mil. eur, what is an increase <strong>of</strong> 10,25 % in comparison to the budget rebalance in 2005. Planned increase in current<br />
budget revenues is based on positive collection trends as regards VAT, corporate pr<strong>of</strong>it tax, excises which are paid in production and revenues<br />
which will be provided by the spending units through their own activity. In addition,<br />
net fiscal impact <strong>of</strong> new regulations application will provide for additional<br />
revenues to the amount <strong>of</strong> 5,81 mil. eur. The biggest positive effect is expected regarding<br />
Physical Persons Income Tax revenues due to the application <strong>of</strong> the Law on<br />
Unified Registration and System <strong>of</strong> Reporting on Calculation and Collection <strong>of</strong> Taxes<br />
and Contributions (3,5 mil. eur), as well as the Law on Amendments to the<br />
Law on Excises (1,00 mil. eur).<br />
Receipts <strong>of</strong> the <strong>Republic</strong> Budget for 2006 are projected to the amount <strong>of</strong><br />
518,92 mileur: current revenues to the amount <strong>of</strong> 480,10 mil. eur, receipts from property<br />
selling to the amount <strong>of</strong> 7,00 mil. eur, donations 5,50 mil. eur, funds transferred<br />
from the previous year-deposits which will be used 21,20 mil. eur and lending<br />
and credits from foreign sources 5,10 mil. eur. Planned deficit for 2006 amounts<br />
to 38,77 mil. eur, including project loans to the amount <strong>of</strong> 12,00 mil. eur.<br />
Current revenues <strong>of</strong> the <strong>Republic</strong> budget are provided from taxes at the level <strong>of</strong> 424.59mil.eur, duties 10.55 mil.eur, compensations 10.83 mil.eur,<br />
other revenues 34.12 mil.eur. Tax revenues show significantly faster growth dynamics than duties, compensations and other revenues. Projected current<br />
revenues are 8,29 mil.eur higher than current expenses, transfers, lending and debt repayment. Funds surplus <strong>of</strong> 8,29 mil.eur together with the<br />
projected deficit provides for 38,77 mil.eur and creates necessary space for capital expenses funding to the amount <strong>of</strong> 47,07 mil.eur.<br />
Physical Persons Income Tax for 2006 is planned to the amount <strong>of</strong> 70,37 mil. eur, what is 7,28 % higher than the plan for 2005. In the period<br />
January-September 2005 in comparison to the same period last year Physical Persons Income Tax collection increased, although there was a tax rate<br />
reduction <strong>of</strong> 10% in comparison to 2004. The planned Physical Persons income tax increase in 2006 mostly relies on the estimated gross domestic product<br />
growth and expected fiscal impact <strong>of</strong> the application <strong>of</strong> the new decisions envisaged by the Law on on Unified Registration and System <strong>of</strong> Reporting<br />
on Calculation and Collection <strong>of</strong> Taxes and Contributions, in 2006.<br />
Legal Persons Pr<strong>of</strong>it Tax is projected to the amount <strong>of</strong> 16,04 mil. eur. The plan for 2006 is 40 % lawer in comparison to the Pr<strong>of</strong>it Tax revenue<br />
which was planned for 2005. Lower revenues estimate on this basis is consequence <strong>of</strong> Pr<strong>of</strong>it tax rate reduction from 17 % in 2005 to 9 % in<br />
2006, as well as obligation <strong>of</strong> return <strong>of</strong> the Pr<strong>of</strong>it Tax paid in advance at a higher rate in 2005 to the amount <strong>of</strong> 1,8 mil.eur. Monthly assess <strong>of</strong> the<br />
Legal Persons Pr<strong>of</strong>it Tax in 2006 is planned to the amount <strong>of</strong> 1,48 mil.eur, i.e. after the return <strong>of</strong> the overpaid pr<strong>of</strong>it tax the planned net inflow<br />
amounts to 1,33 mil.eur.<br />
10
Budget for 2006<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
Property Tax, i.e. Real Estate Turnover Tax is planned to the amount <strong>of</strong> 2,45 mil. eur, what is 33,80 % higher than planned for 2005. Planned increase<br />
is based on a positive trend <strong>of</strong> Property Tax collection during 2005. Real estate turnover tax belongs to the group <strong>of</strong> taxes on which the collection<br />
measures can not influence, apart from delinquent debt because the tax payer himself decides upon his property and its turnover. Real estate turnover<br />
tax revenue is the general purpose revenue and it is shared between the budget <strong>of</strong> the <strong>Republic</strong> (50 %) and municipality budget ( 50 %).<br />
Value Added Tax is planned to the amount <strong>of</strong> 215,11 mil. eur, what is 13,88 % higher than planned for 2005. The plan is based on the positive VAT<br />
collection trend in 2004 and 2005. During 2004 revenues on this basis were higher by 15,21% in comparison to 2003, i.e. they were higher by 7,84%<br />
than planned.<br />
Excizes 2 are planned at the level <strong>of</strong> 77,54 mil.eur, what is by 24 % higher than planned for 2005. Planned excizes increase is based on the application<br />
<strong>of</strong> Decree on change <strong>of</strong> the manner <strong>of</strong> calculation and payment <strong>of</strong> excizes in the course <strong>of</strong> the tobacco products turnover with the <strong>Republic</strong> <strong>of</strong><br />
Serbia with positive effects <strong>of</strong> 3,5 mil.eur and data which show increasing trend <strong>of</strong> excize collection in 2005.<br />
International Trade and Transactions Tax is planned to the amount <strong>of</strong> 39, 71 mil. eur., i.e. at the approximately same level as in 2005. Lower<br />
level on this basis in comparison to 2004 is planned due to goods import increase from the <strong>Republic</strong> <strong>of</strong> Serbia for which customs duty is collected, as<br />
well as due to several Agreements concluded regarding free trade with the surrounding countries by which the application <strong>of</strong> reduced tariff rates or<br />
zero tariff rates are regulated. Decree on compensations for usage <strong>of</strong> roads in commodities transit procedures through the territory <strong>of</strong> <strong>Montenegro</strong> is<br />
not valid from 2006.<br />
Rule book on single classification <strong>of</strong> the accounts <strong>of</strong> the <strong>Republic</strong> budget, budgets <strong>of</strong> the extra-budgetary funds and budgets <strong>of</strong> municipalities brought about receipts structure change in 2005. Namely,<br />
a part <strong>of</strong> excizes in the course <strong>of</strong> import was until now used by the Directorate for Roads Construction as revenue from its own activity, and in 2006 excizes represent <strong>Republic</strong> budget revenue.<br />
11
Budget for 2006<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
Other <strong>Republic</strong> Taxes are planned to the amount <strong>of</strong> 3,34 mil.eur, what<br />
is by 7,39 % higher than planned for 2005, as result <strong>of</strong> positive trend in collection<br />
<strong>of</strong> these revenues in 2005.<br />
Planned revenues collection on the basis <strong>of</strong> duties in 2006 amount to 10,54<br />
mil. eur, what is by 57,31 % higher than amount planned in 2005. The highest<br />
level <strong>of</strong> revenues is planned on the basis <strong>of</strong> administrative taxes collection to the<br />
amount <strong>of</strong> 8,64 mil.eur. Such high level <strong>of</strong> planned administrative taxes is the<br />
result <strong>of</strong> application <strong>of</strong> the Rule book on single classification <strong>of</strong> the accounts <strong>of</strong><br />
the <strong>Republic</strong> budget, budgets <strong>of</strong> the extra-budgetary funds and budgets <strong>of</strong> municipalities.<br />
Part <strong>of</strong> special purpose administrative taxes up to now belonged to<br />
the <strong>Ministry</strong> <strong>of</strong> Interior and Customs Office as revenue from their own activity<br />
and they are classified as revenues <strong>of</strong> the <strong>Republic</strong> budget in 2006 .<br />
Planned compensations in 2006 amount to 10,83 mil. eur. The biggest<br />
amount is planned in relation to compensations for natural resources usage<br />
to the amount <strong>of</strong> 2,95 mil.eur, ecological compensations 1,80 mil. eur,<br />
compensations for organization <strong>of</strong> games <strong>of</strong> chance 1,75 mil. eur and compensations<br />
for roads 1,76 mil. eur.<br />
Planned other revenues in 2006 amount to 34,12 mil. eur. The highest<br />
participation in planned other revenues in 2006 is related to other revenues<br />
to the amount <strong>of</strong> 21,46 mil.eur (tax claims collection from the previous period<br />
15,77 mil. eur and other revenues to the amount <strong>of</strong> 5,69 mil.eur and fines<br />
and dispossessed property interest to the amount <strong>of</strong> 7,96 mil.eur.<br />
Property Selling Receipts are planned to the amount <strong>of</strong> 7,00 mil. eur<br />
and will be used for the planned deficit funding in 2006.<br />
Donations are planned to the amount <strong>of</strong> 5,50 mil. eur and consist <strong>of</strong>:<br />
1) Macr<strong>of</strong>inancial assistance <strong>of</strong> the European Union to the amount <strong>of</strong><br />
4,5 mil.eur;<br />
2) Funds <strong>of</strong> the Global fund for environment for the Skadar lake integrated<br />
ecosystem management project to the amount <strong>of</strong> 0,099 mil.eur;<br />
3) European Agency for Reconstruction funds for realization <strong>of</strong> drafting the<br />
project <strong>of</strong> Penalty-reformatory facility construction to the amount <strong>of</strong> 0,90 mil.eur;<br />
4) Funding <strong>of</strong> witness protection shelters, USA donations to the amount<br />
<strong>of</strong> 0,004 mil.<br />
According to the agreements signed with the World Bank, it is expected<br />
in the next year to have inflow on the basis <strong>of</strong> approved credits for Pension<br />
and Disability Insurance Fund reform, Education and Health system reform<br />
to the amount <strong>of</strong> 5,11 mil.eur.<br />
Project loans in 2006 are planned at the level <strong>of</strong> 12.000.000.00 eur, out<br />
<strong>of</strong> which will be provided funding:<br />
Delayed investment maintenance <strong>of</strong> road network .......2,00 mil.eur<br />
- European Investment Bank<br />
Tunnel Vrmac reconstruction .............................................2,00 mil.eur<br />
- European Investment Bank<br />
Regional roads reconstruction...... .....................................4,00 mil.eur<br />
- European Bank for Reconstruction and Development<br />
Seaside area sorroundings protection...............................1,00 mil.eur<br />
- World Bank<br />
Seaside water supply improvement ..................................2,00 mil.eur<br />
- Credit Bank for Reconstruction and Development<br />
Recycling center "Livade" Podgorica .................................1,00 mil.eur<br />
- Government <strong>of</strong> Spain<br />
12
Budget for 2006<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
Expenses presented by the Law on Budget <strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong> for 2006 are planned to the amount <strong>of</strong> 518.91 eur. It is planned by the<br />
budget to reduce the share <strong>of</strong> expenses in the gross domestic product. For 2006 it is planned that budget expenditures share in the gross domestic product<br />
amount to 29,50 %, whereas it amounted to 30,62 % in 2005.<br />
In the structure <strong>of</strong> total planned expenses the share <strong>of</strong> current expenses is the highest i.e. their participation is 51,29 % in the total budget planned<br />
for 2006, while participation <strong>of</strong> transfers for social protection is 6,67%, transfers to institutions, individuals and non-governmental sector 23,55%, capital<br />
expenses 6,76 %, debt repayment 7,42% and reserves 3,09%. During 2005, the biggest part <strong>of</strong> payments was made for liabilities which arose on the basis<br />
<strong>of</strong> issued securities, so that in 2006, proportionally to the reduced liabilities, a lower level <strong>of</strong> funds for these purposes was planned. Privatization process<br />
intensification also contributed to reduce needs in relation to crediting the big systems <strong>of</strong> the Government <strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong>, while<br />
unemployed persons number reduction shows that the funds for small and medium-sized enterprizes funding in 2005 were used efficiently and that it<br />
is necessary to renew the crediting cyclus, although to a smaller extent. The foreign project loans provided the funding sources in the part <strong>of</strong> strategic infrastructure<br />
projects, so that capital expenses are envisaged to be lower than planned for 2005. Funds planned for capital expenses provide completion <strong>of</strong><br />
traffic infrastructure and adequate investment railway and roads maintenance. High social protection level is provided by the budget, as well as appropriate<br />
transfers necessary to finance liabilities in the part <strong>of</strong> pension-disability insurance, health care and unemployment. Current expenses increased due<br />
to planned increase in funds intended for employees' income and other personal income, while expenditures for material and services are at the lower<br />
level than planned for 2005.<br />
In the current expenses the gross income funds share is the biggest 61.36 % and expenditures for material and services 18.31 %. Gross income<br />
and contributions funds, which represent burden for employers, are planned to the amount <strong>of</strong> 163.33 mil.eur, what is 31.47% <strong>of</strong> the total planned expenses<br />
for 2006. Gross income and contributions funds, which represent burden for employers, are planned to finance income <strong>of</strong> 29.618 employees,<br />
out <strong>of</strong> which the biggest part is intended for financing income (<strong>of</strong> 11.256 employees) within the elementary and secondary school education program.<br />
In comparison to 2005 funds for gross income and employer`s contributions are higher by 3.66 mil eur or by 2.29%. Rationalization measures<br />
enabled growth <strong>of</strong> gross income by 5.4% as regards all budget beneficiaries on the basis <strong>of</strong> planned increase in the minimum wage, starting from<br />
January next year. Share <strong>of</strong> funds planned for gross income and contributions, which represent burden to employers, in the gross domestic product<br />
have been constantly decreasing. In 2004 funds for gross income and contributions participated with 10,40% in the gross domestic product, in 2005<br />
with 9,74 %, whereas in 2006 these expenses' share is 9,28% in GDP.<br />
Expenditures for material and services are planned to the amount <strong>of</strong> 48.74 mileur and their participation in total planned expenses for 2006<br />
are 9.31 %. The biggest part <strong>of</strong> funds is determined for the contracted services funding 52,20%, energy 15,96% and material 16,29%.<br />
Funds planned for current maintenance amount to 19.11 mil.eur and the share in the total planned expenses is 3.68% for 2006. The biggest part<br />
<strong>of</strong> funds is intended for public infrastructure maintenance to the amount <strong>of</strong> 16,22 mileur: 7.2 mileur for railway infrastructure maintenance and 9,00<br />
mileur for current maintenance <strong>of</strong> road infrastructure.<br />
Funds for interest rates are planned to the amount <strong>of</strong> 15.50 mileur and participate with 2.98% in the total planned budget expenses for 2006.<br />
Funds are entirely intended for settlement <strong>of</strong> due liabilities in relation to foreign credits.<br />
Subsidies are planned to the amount <strong>of</strong> 6.07 mileur, what is 1.17% <strong>of</strong> total planned expenses for the next year, and they are related to the subsidies<br />
in agriculture, forestry and water supply, subsidies for energy, subsidies for veterinary medicine, subsidies for tourism.<br />
Social protection rights are planned to the amount <strong>of</strong> 1.61 mileur and participate with 6,09% in the total planned expenses for 2006. Envisaged<br />
funds are intended for realization <strong>of</strong> the program <strong>of</strong> child allowances, fighter-disability<br />
protection, material security <strong>of</strong> families, care and assistance<br />
by other persons, meals for children in nurseries.<br />
• Realization <strong>of</strong> child allowances program to the amount <strong>of</strong> 2.72 mileur.<br />
The program includes social protection <strong>of</strong> 15.835 beneficiaries in 8.235 families;<br />
• Fighter-disability protection to the amount <strong>of</strong> 7.44 mileur for 7.967<br />
beneficiaries;<br />
• Material security to the amount <strong>of</strong> 9.25 mil. eur for 11.292 families<br />
with 33.939 members;<br />
• Maternity leaves to the amount <strong>of</strong> 6,28 mil. eur for about 5.700 beneficiaries;<br />
• Care and assistance by other persons to the amount <strong>of</strong> 2.58 mileur for about 5.000 beneficiaries;<br />
• Meals for children in nurseries to the amount <strong>of</strong> 0.50mileur;<br />
• Inmates support to the amount <strong>of</strong> 2.50 mil eur;<br />
• Other rights in the field <strong>of</strong> social protection to the amount <strong>of</strong> 0.32 mileur, which encompass priests insurance to the amount <strong>of</strong> 0.16mil. eur<br />
and independent artists insurance to the amount <strong>of</strong> 0.16mileur.<br />
Funds for redunduncies are planned to the amount <strong>of</strong> 3,00 mileur and participate with 0.58% in the total planned transfers for social protection.<br />
Funds for these purposes are determined in accordance with the Decision on criteria and manner <strong>of</strong> usage <strong>of</strong> funds provided in order to partly<br />
13
Budget for 2006<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
finance excersizing employees' rights who discontiued their work due<br />
to technical-technological and other advancedments ("Official Gazette<br />
<strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong>", No.14/92).<br />
Transfers to institutions, individuals, non-governmental and<br />
public sector are planned to the amount <strong>of</strong> 122.19 mil eur. Transfers for<br />
these purposes participate with 23.55% in the total planned expenses for<br />
2006. Transfers to public institutions are planned to the amount <strong>of</strong> 24.58<br />
mileur and participate with 4.74% in the planned expenses <strong>of</strong> the budget<br />
for 2006. These funds are intended for University financing to the amount<br />
<strong>of</strong> 11.00mileur, Compensation Fund to the amount <strong>of</strong> 2.02 mileur, Public<br />
Enterprize "National parks <strong>of</strong> <strong>Montenegro</strong>" to the amount <strong>of</strong> 0.40 mileur,<br />
Institute for Public Health to the amount <strong>of</strong> 0.50 mileur etc. Funds for<br />
transfers to non-governmental organizations, political parties, parties and<br />
associations are planned to the amount <strong>of</strong> 3.12 mil.eur and participate<br />
with 0.60% in the total planned expenses for 2006. Pursuant to the Law on<br />
Political Parties Funding, 2.05 mileur from these funds is provided for political<br />
parties financing. Transfers to individuals are planned to the amount<br />
<strong>of</strong> 10.46 mileur what is 2.01% in the total planned expenses for 2006. These<br />
are intended for special allowances to employees in the Army <strong>of</strong> Serbia<br />
and <strong>Montenegro</strong> to the amount <strong>of</strong> 3.51 mileur, scholarships and benefits<br />
to the best pupils and students to the amount <strong>of</strong> 2.01 mileur, compensations<br />
for indemnity due to natural disasters to the amount <strong>of</strong> 0.60mileur<br />
and compensations to persons imprisoned without foundation to the<br />
amount <strong>of</strong> 0.25 mileur. Funds to the amount <strong>of</strong> 1 mileur are envisaged for<br />
one-<strong>of</strong>f assistance to families and persons, which are in social need, traffic<br />
benefits for disabled persons and recreation <strong>of</strong> children from the poorest<br />
families, whereas the funds to the amount <strong>of</strong> 2,4 mileur are envisaged pensions<br />
for persons who are more than 65 years old and who live in the countryside.<br />
Transfers to the Pension Disability Insurance Fund are planned to<br />
the amount <strong>of</strong> 69.33 mileur and participate with 13.36 % in the total planned<br />
funds for 2006. Transfers to the Health Fund are planned to the amount<br />
<strong>of</strong> 7.05 and intended for unemployed persons health protection funding<br />
(3.73 mileur), health protection <strong>of</strong> internally displaced persons and<br />
refugees (2.00 mileur) and capital expenses funding (1.32 mileur). Transfers<br />
to Employment Bureau to the amount <strong>of</strong> 5.57 mileur are planned for<br />
funding fhe income and other personal income <strong>of</strong> trainees and compensations<br />
to unemployed persons. Transfers to the municipalities are planned<br />
to the amount <strong>of</strong> 1.83 mileur, and intended for compensations for natural<br />
disaster damages, inspection control activities in the field <strong>of</strong> civil engeneering<br />
and conditional subsidies. Transfers to public enterprises to the amount<br />
<strong>of</strong> 0.24 mileur are planned as compensation for damage to the public<br />
enterprises in relation to natural disasters.<br />
8%<br />
7%<br />
23%<br />
Borakoinvalidskazaštita<br />
12%<br />
Funds for capital expenses are planned to the amount <strong>of</strong><br />
35.08mileur and participate with 6.76%in the total planned funds for<br />
the next year. Expenses for general significance infrastructure are planned<br />
to the amount <strong>of</strong> 7.22 mileur and participate with 20,47% in the<br />
total planned funds for capital expenses. Funds for local infrastructure<br />
are planned to the amount <strong>of</strong> 4.01 mileur, while expenses for construction<br />
facilities are planned to the amount <strong>of</strong> 10.07 mileur and participate<br />
with 1.94% in the total planned budget funds in 2006. Expenses for<br />
equipment are planned to the amount <strong>of</strong> 7.14mileur, expenses for investment<br />
maintenance to the amount <strong>of</strong> 6.02 mileur and expenses for<br />
stock are planned to the amount <strong>of</strong> 0.62 mileur.<br />
Lending and credits are planned to the amount <strong>of</strong> 6.32 mileur<br />
and participate with 1.15% in the total planned expenditures in the<br />
next year. Lending and credits to non-financial institutions are planned<br />
to the amount <strong>of</strong> 3.00 mileur, students` credits 1.5 mileur and credits<br />
for small and medium sized enterprizes 1. 82 mileur.<br />
Funds for debt repayment are planned to the amount <strong>of</strong> 12.03 mileur,<br />
and are intended for:<br />
• credit and securities repayment to residents to the amount <strong>of</strong><br />
5.00 mileur<br />
• credit and securities repayment to non-residents to the amount<br />
<strong>of</strong> 7.03 mileur to: World Bank (IBRD) - 6.10 mileur; Council <strong>of</strong> Europe<br />
0.50 mileur and Paris Club 0.40mileur.<br />
Funds for guarantee repayment are planned to the amount <strong>of</strong> 2,00<br />
14
Budget for 2006<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
mileur, out <strong>of</strong> which 1.00mileur is planned<br />
for given guarantees repayment in country<br />
and 1.00 mileur for guarantee repayment<br />
abroad.<br />
Funds for previous years liabilities repayment<br />
are planned to the amount <strong>of</strong> 24,47<br />
mileur, out <strong>of</strong> which 8,7 mileur is intended<br />
for old foreign exchange savings repayment<br />
and 15,77 mileur for unsettled liabilities repayment<br />
<strong>of</strong> the budget beneficiaries from<br />
the previous years. Liabilities repayment<br />
from the last years will be financed from the<br />
collected tax claims from the previous years.<br />
Reserves funds are planned to the amount<br />
<strong>of</strong> 16.03mileur what is 3.09% <strong>of</strong> the total planned<br />
expenses. Current budget reserves funds<br />
are planned to the amount <strong>of</strong> 11.03 mileur and<br />
will be used for urgent and contingent expenses<br />
over the year. A part <strong>of</strong> current reserves funds<br />
to the amount <strong>of</strong> 1.21 mileur, will be used for<br />
potential income increase funding, if the Law<br />
on income and other salaries <strong>of</strong> members <strong>of</strong><br />
parliament and <strong>of</strong>ficials would be applied. Permanent<br />
budget reserves funds, to the amount<br />
<strong>of</strong> 5,00 mileur, are planned to cover costs <strong>of</strong> referendum<br />
and parliamentary elections organization<br />
in the next year.<br />
Budget deficit and net credit repayment<br />
in 2006 will be funded by privatization proceeds<br />
to the amount <strong>of</strong> 7,00 mil.eur, donations<br />
to the amount <strong>of</strong> 5,50 mil. eur and by<br />
reducing deposits to the amount <strong>of</strong> 21,20 mil.<br />
eur. Deficit reduced by old foreign exchange<br />
savings amounts to 18,07 mil. eur and participates<br />
with 1,02 % in GDP, i.e. following the<br />
increase amount <strong>of</strong> project loans the deficit<br />
share in GDP amounts to 1,71 %, what is in<br />
accordance with the goals set in the arrangement<br />
with the International Monetary Fund.<br />
Economic policy <strong>of</strong> the Government <strong>of</strong> the<br />
<strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong> as well as the objectives<br />
determined by the Agenda <strong>of</strong> Economic Reforms<br />
are directed towards further Gross Domestic<br />
Product growth, increase in employment<br />
in the real sector and employment cut in<br />
the public sector, balance <strong>of</strong> payments improvement,<br />
creation <strong>of</strong> stable macroeconomic framework<br />
and conditions for foreign investments,<br />
reduction <strong>of</strong> public expenditure deficit<br />
and its share in the Gross Domestic Product,<br />
recognition <strong>of</strong> private ownership and entrepreneurship<br />
economy in real sector. Economic<br />
policy <strong>of</strong> the Government and objectives from<br />
the Agenda <strong>of</strong> Economic Reforms determined<br />
the budget structure for 2006 and allocation <strong>of</strong><br />
funds in the public expenditure sectors. Budget<br />
expenditure implementation in 2006 is structured<br />
in accordance with the set objectives<br />
Budget Department<br />
15
Consolidated public spending<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
Consolidated<br />
public spending in<br />
<strong>Montenegro</strong> in the<br />
period I - XII 2005<br />
Reports on consolidated public spending are made in accordance with<br />
the budgetary system, based on which the records on public spending<br />
are planned, shown and approved according to the system <strong>of</strong> the cash<br />
flows.<br />
Consolidated public spending in the period January- December 2005, is<br />
realized to the amount <strong>of</strong> 761,94 mil.eur. Realized level <strong>of</strong> public spending is<br />
financed from the taxes to the amount <strong>of</strong> 430,68 mil.eur, duties 14,02 mil.eur,<br />
contributions 205,38 mil.eur, yields on capital 4,97 mil.eur and other revenues<br />
- deposits 59,30 mil.eur. Total level <strong>of</strong> revenues was 26,08 mil.eur lower than<br />
the realized spending, therefore the missing funds were provided through deficit<br />
financing.<br />
In the same period tax revenues were planned to the amount <strong>of</strong> 423,63<br />
mil.eur, duty revenues 14,04 mil.eur, revenues from contributions 199,11<br />
mil.eur, yields on capital 3,26 and other revenues to the amount <strong>of</strong> 70,99<br />
mil.eur.<br />
Realized amounts, when compared to planned amounts show that in<br />
2005, revenues from taxes, contributions and yield on capital were realized to<br />
the amount higher than planned, while the revenues from duties and other revenues<br />
are realized to the amount lower than planned.<br />
Consolidated deficit <strong>of</strong> public spending for 2005, was planned to the amount<br />
<strong>of</strong> 53,29 mil.eur and is realized to the amount <strong>of</strong> 47,58 mil.eur (with project<br />
loans). Deficit is lower than planned and was realized in the Budget <strong>of</strong> the<br />
Government to the amount <strong>of</strong> 51,91 mil. eur, Pension and Disability Insurance<br />
Fund to the amount <strong>of</strong> 2,45 mil.eur and Employment Agency 2,99 mil.eur while<br />
the <strong>Republic</strong> Health Insurance Fund realized the surplus to the amount <strong>of</strong><br />
4,69 mil. eur and local self-government to the amount <strong>of</strong> 5,08 mil. eur.<br />
During 2005, financing policy significantly derogates from the plan. High<br />
level <strong>of</strong> privatization revenues and lower level <strong>of</strong> deficit allowed settlement <strong>of</strong><br />
debt based on credits and issued securities to the amount <strong>of</strong> 114,06 mil.eur, repayment<br />
<strong>of</strong> the capital amount on foreign credits to the amount <strong>of</strong> 5,53<br />
mil.eur and deficit financing <strong>of</strong> 47,58 mil.eur.<br />
Consolidated deposit after 12 months <strong>of</strong> 2005, is estimated to the level <strong>of</strong><br />
44,06 mil.eur.<br />
Stanko Jeknic, Ph.D.<br />
Slobodanka Labus, Snežana Mugoša,<br />
Radovan Živković<br />
1. BUDGET OF THE REPUBLIC<br />
Expenditure <strong>of</strong> the Budget <strong>of</strong> the <strong>Republic</strong> in the<br />
year <strong>of</strong> 2005, is realized to the amount <strong>of</strong> 427,50<br />
mil.eur, or with paid transfers <strong>of</strong> 53,71 mil.eur expenditure<br />
amounts 481,21 mil.eur. Expenditure <strong>of</strong><br />
the Budget <strong>of</strong> the <strong>Republic</strong> is financed from taxes to<br />
the amount <strong>of</strong> 394,76 mil.eur, duties 3,74 mil.eur,<br />
yields on capital 4,97 mil.eur and other revenues<br />
22,75 mil.eur. Total level <strong>of</strong> revenues was 51,91<br />
mil.eur lower than realized expenditure and missing<br />
funds were financed from revenues from privatisation<br />
and from donations.<br />
In the same period tax revenues are planned to<br />
the amount <strong>of</strong> 384,73 mil.eur, revenues form duties<br />
1 - Data on consolidated public spending for 2005 are preliminary, and for the local self-government evaluated.<br />
16
Consolidated public spending<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
6,70 mil.eur, yields on capital 3,06 mil.eur and other revenues to the amount<br />
<strong>of</strong> 40,95 mil.eur.<br />
Realized amounts, when compared to planned show that, in the year<br />
2005, revenues from taxes, duties and yield on capital were realized to the<br />
2005. However, the lower level <strong>of</strong> paid transfers by the Budget <strong>of</strong> the <strong>Republic</strong><br />
and realized revenues caused the need for the funds needed for payment <strong>of</strong> liabilities<br />
to be provided by deficit financing to the amount <strong>of</strong> 2,45 mil.eur. Missing<br />
funds were provided from privatization revenues to the amount <strong>of</strong> 19,97<br />
mil.eur , which is higher than the amount needed for deficit financing. This<br />
balance <strong>of</strong> 17,53 mil.eur was used for the payment <strong>of</strong> liabilities <strong>of</strong> the Fund based<br />
on taken credits and payment <strong>of</strong> liabilities from the previous period.<br />
amount higher than planned, while other revenues were realized to the amount<br />
lower than planned.<br />
Deficit <strong>of</strong> the Budget <strong>of</strong> the <strong>Republic</strong> (with project loans) in the year 2005,<br />
was planned to the amount <strong>of</strong> 55,86 mil.eur, however, it was realized to the level<br />
<strong>of</strong> 51,91 mil. eur and financed from revenues from privatization and donations.<br />
Deposit <strong>of</strong> the Budget <strong>of</strong> the <strong>Republic</strong> after 12 months <strong>of</strong> 2005, is estimated<br />
to the level <strong>of</strong> 37,31 mil.eur.<br />
Expenditures were realized at higher level than planned for 2005. These<br />
derogations were caused, above all, by increase <strong>of</strong> expenditures for payment <strong>of</strong><br />
call in arrears, interests and other expenditures.<br />
2. PENSION AND DISABILITY INSURANCE FUND<br />
Spending <strong>of</strong> the Pension and Disability Insurance Fund in 2005, was realized<br />
to the amount <strong>of</strong> 152,32 mil.eur, or with paid transfers <strong>of</strong> 20,01 mil.eur<br />
spending amounts 172,33 mil.eur. Spending <strong>of</strong> the Fund was financed from<br />
contributions to the amount <strong>of</strong> 118,31 mil.eur, other revenues 7,43 mil.eur<br />
and transfers from the Budget <strong>of</strong> the <strong>Republic</strong> 44,14 mil.eur. The total level <strong>of</strong><br />
receipts was 2,45 mil.eur lower than realized spending and missing funds were<br />
financed from privatization revenues and with the deposit reduction.<br />
In this period revenues were planned from contributions to the amount<br />
<strong>of</strong> 115,05 mil.eur, other revenues 1,50 mil.eur and transfers from the Budget <strong>of</strong><br />
the <strong>Republic</strong> 61,00 mil.eur. Realized amounts when compared to planned<br />
show that in the year 2005, receipts <strong>of</strong> the Pension and Disability Insurance<br />
Fund were realized to the amount lower than planned.<br />
Deficit for the Pension and Disability Insurance Fund was not planned in<br />
3. HEALTH INSURANCE FUND<br />
Funds paid for health care, which was financed through the Health Insurance<br />
Fund amount for the year 2005, 101,58 mil.eur. Spending <strong>of</strong> the Fund is<br />
financed from contributions to the amount <strong>of</strong> 79,40 mil.eur, transfers from<br />
the Budget <strong>of</strong> the <strong>Republic</strong> 5,89 mil.eur, transfers <strong>of</strong> the Pension and Disability<br />
Insurance Fund 20,01 mil.eur and transfers <strong>of</strong> the Employment Agency 0,10<br />
mil.eur.<br />
In this period revenues from contributions were planned to the amount<br />
<strong>of</strong> 76,04 mil.eur, other revenues 1,60 mil.eur and transfers 31,53 mil.eur. Realized<br />
amounts when compared to planned show that, in 2005, receipts <strong>of</strong> the<br />
17
Consolidated public spending<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
Health Insurance Fund were realized to the amount higher than planned (higher<br />
amount <strong>of</strong> collected contributions for health insurance).<br />
It is estimated that the Health Insurance Fund realized surplus <strong>of</strong> 4,69 mil.<br />
eur in 2005, as a result <strong>of</strong> the reform implementation in the sphere <strong>of</strong> health<br />
care spending <strong>of</strong> this sector was rationalized, and the number <strong>of</strong> services provided<br />
outside <strong>of</strong> <strong>Montenegro</strong> was reduced through the improvement <strong>of</strong> quality<br />
and efficiency <strong>of</strong> the health care system in <strong>Montenegro</strong>.<br />
4. EMPLOYMENT AGENCY<br />
Assets paid for the financing <strong>of</strong> liabilities <strong>of</strong> the Employment Agency in<br />
5,08 mil. eur and is used for the financing <strong>of</strong> the payment <strong>of</strong> domestic debt.<br />
2005, amount 18,86 mil.eur, or with paid transfers 22,09 mil.eur. Liabilities <strong>of</strong><br />
the Employment Agency were financed from contributions to the amount <strong>of</strong><br />
7,67 mil.eur, other revenues 3,82 mil.eur and transfers form the Budget <strong>of</strong> the<br />
<strong>Republic</strong> 3,23 mil.eur. The total level <strong>of</strong> receipts is 2,99 mil.eur lower than realized<br />
spending and missing funds were financed from revenues from privatization<br />
and donations. In this period revenues were planned from contributions<br />
to the amount <strong>of</strong> 8,02 mil.eur, other revenues 4,60 mil.eur and transfers<br />
from the Budget <strong>of</strong> the <strong>Republic</strong> 5,00 mil.eur. Realized amounts when compared<br />
to planned show that, receipts <strong>of</strong> the Employment Agency were realized to<br />
the amount lower than planned in 2005.<br />
Deficit <strong>of</strong> the Employment Agency was not planned in the year 2005. Payment<br />
<strong>of</strong> credits for self-employment, lower level <strong>of</strong> paid transfers by the Budget<br />
<strong>of</strong> <strong>Republic</strong>, and <strong>of</strong> the realized revenues, created the need for funds to be<br />
provided for the payment <strong>of</strong> liabilities <strong>of</strong> the Fund by the deficit financing to<br />
the amount <strong>of</strong> 2,99 mil.eur.<br />
5. LOCAL SELF-GOVERNMENT<br />
Funds for financing <strong>of</strong> the activity <strong>of</strong> the local self-government in 2005,<br />
amount 61,68 mil.eur. Spending was financed from taxes to the amount <strong>of</strong><br />
35,92 mil.eur, transfers from the Budget <strong>of</strong> the <strong>Republic</strong> 0,45 mil.eur, duties<br />
5,94 mil.eur and other revenues 24,45 mil.eur.<br />
In this period revenues are planned from taxes to the amount <strong>of</strong> 38,90<br />
mil.eur, duties 6,13 mil.eur and other revenues 22,34 mil.eur. Realized amounts<br />
when compared to planned show that, in the first half year 2005, receipts<br />
in local self-government were realized to the amount lower than planned.<br />
In 2005, surplus <strong>of</strong> the local self-government was estimated at the level <strong>of</strong><br />
EVALUATION OF THE STATE<br />
• Consolidated public spending in 2005, was realized to the amount <strong>of</strong><br />
761,94 mil.eur. Realized level <strong>of</strong> public spending was financed from taxes to the<br />
amount <strong>of</strong> 430,68 mil.eur, duties 14,02 mil.eur, contributions 205,38 mil.eur,<br />
yields on capital 4,97 mil.eur and other revenues 59,30 mil.eur. Tax revenues,<br />
revenues from contributions and yields on capital are higher than planned,<br />
while revenues from duties and other revenues were realized to the amount<br />
lower than planned. High level <strong>of</strong> collection <strong>of</strong> tax revenues determine value<br />
added tax and pr<strong>of</strong>it tax, whose monthly disbursement rate indicates continuously<br />
higher level from the one projected by the plan <strong>of</strong> the budget.<br />
• Consolidated deficit <strong>of</strong> public spending with project loans in 2005, was<br />
realized to the amount <strong>of</strong> 47,58 mil. eur. And is higher than planned ( 53,29<br />
mil. eur ). Deficit was realized with the Budget <strong>of</strong> the <strong>Republic</strong> to the amount<br />
<strong>of</strong> 51,91 mil. eur, Pension and Disability Insurance Fund to the amount <strong>of</strong> 2,45<br />
mil. eur and Employment Agency 2,99 mil. eur while the Health Insurance<br />
Fund realized surplus <strong>of</strong> 4,69 mil. eur and local self-government <strong>of</strong> 5,08 mil.<br />
eur . Public spending policy in 2005, had as objective priority financing <strong>of</strong> liabilities<br />
based on national debt, rationalization <strong>of</strong> public spending and efficient<br />
tax collection.<br />
• High level <strong>of</strong> privatization revenues allowed settlement <strong>of</strong> liabilities based<br />
on credits and securities issue to the amount <strong>of</strong> 114,06 mil.eur, repayment<br />
<strong>of</strong> the capital sum on foreign credits to the amount <strong>of</strong> 5,53 mil.eur and deficit<br />
financing <strong>of</strong> 47,58 mil.eur. Lower level <strong>of</strong> payments based on current expenditures<br />
shows that expenses were rationalized in real terms.<br />
DEPARTMENT FOR MACROECONOMIC<br />
ANALYSIS AND<br />
COOPERATION WITH<br />
INTERNATIONAL INSTITUTIONS<br />
Stanko Jeknić, Ph.D.<br />
Radovan Živković, Slobodanka Labus, Snežana Mugoša<br />
Phone: 081-248-512<br />
e-mail: mf@mn.yu<br />
18
Capital Budget making<br />
Capital budget<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
Law Amending and Supplementing the<br />
Budget Law, which was adopted in November<br />
2005, provides for making a capital<br />
budget apart from the current budget.<br />
The capital budget is described under the Law<br />
as a program related to a period longer than<br />
a year, by which non-financial assets value is<br />
increased and which includes acquiring <strong>of</strong><br />
nation-wide or local infrastructure, buildings,<br />
land and equipment. It is envisaged<br />
that the budget includes current and capital<br />
budget disclosing expenditures and revenues<br />
as per their sources <strong>of</strong> origin, while capital expenditures<br />
shall include procurement and investment<br />
maintenance <strong>of</strong> financial and nonfinancial<br />
assets. In addition to this, only capital<br />
budget may be financed from long-term<br />
borrowings and securities.<br />
A spending unit, in the budget planning<br />
process, submits a special request for the capital<br />
budget to the <strong>Ministry</strong> <strong>of</strong> <strong>Finance</strong>. General<br />
part <strong>of</strong> the <strong>Republic</strong> Budget Law, under<br />
Article 12, contains assessment <strong>of</strong> revenues<br />
and expenditures disclosed according to economic<br />
and functional classification for the<br />
current and capital budget.<br />
Capital budget projects funds for capital<br />
projects, which imply special construction operations<br />
with respect to costs and duration <strong>of</strong><br />
the construction works to be performed. The<br />
capital projects include construction <strong>of</strong> new facilities<br />
or important, long-term works aimed at<br />
renovating and improving existing facilities,<br />
which are funded from the capital budgets i.e.<br />
funds earmarked for capital purposes. Capital<br />
transfers financed from the capital budget are<br />
also considered capital projects.<br />
Capital projects are usually huge transfers<br />
which imply long term financing with duration/useful<br />
life <strong>of</strong> more than five years. They<br />
are based on overall evaluation <strong>of</strong> needs and<br />
they meet basic public needs and require a<br />
public report on used funds. Given that capital<br />
projects <strong>of</strong>ten involve long-term funding,<br />
it is necessary to project amount <strong>of</strong> a borrowing<br />
through loans, bonds or long-term credits.<br />
The capital projects may also be co-financed<br />
from the donors' funds.<br />
Due to complexity and time needed for<br />
taking projects into consideration, the capital<br />
budget processes should start prior to other<br />
segments <strong>of</strong> annual budgetary cycle. Prior to<br />
making a capital budget, the Government<br />
should set priorities on the basis <strong>of</strong> strategic<br />
development guidelines defined under the<br />
Economic Reform Agenda.<br />
It is very important to point to correlation<br />
between items under the capital and<br />
current budget. Procurement <strong>of</strong> capital resources,<br />
either through their construction or<br />
acquisition, will require current budgets' assistance<br />
so that such resources could be maintained<br />
and adequately supported. Therefore,<br />
it is necessary to assess operating and maintenance<br />
costs, including effects that such<br />
project will have on the current budgets,<br />
including number <strong>of</strong> hired workers and amount<br />
<strong>of</strong> their salaries, repair works on the building,<br />
replacements and maintenance.<br />
CAPITAL PROJECTS ARE CLASSIFIED AS<br />
FOLLOWS:<br />
• Maintenance Projects - relating to<br />
maintenance, preservation and prolongation<br />
<strong>of</strong> the useful life <strong>of</strong> the assets, with no aim to<br />
make significant changes on use <strong>of</strong> facilities<br />
and assets.<br />
• Program-related Projects - are aimed<br />
at achieving the program objectives such as<br />
alteration or improvement <strong>of</strong> the existing<br />
premises which is required by a new program<br />
or provision <strong>of</strong> a new facility or assets by construction<br />
or acquisition.<br />
• Transfers - provide capital funds to<br />
authorities at lower level.<br />
All projects requiring funding from capital<br />
budget must be classified into one <strong>of</strong> the<br />
following four categories:<br />
• Acquisition- includes purchase <strong>of</strong> a<br />
land, with any development measures to be<br />
undertaken on the bought land.<br />
• New construction - project for new<br />
construction is a complete undertaking<br />
which includes construction <strong>of</strong> one or more<br />
facilities. The project includes all necessary<br />
works for construction <strong>of</strong> a purpose-serving<br />
and new facility and its putting into use, installed<br />
equipment which thus became integral<br />
part <strong>of</strong> the facility and development and<br />
improvement measures on the site.<br />
• Improvement - includes any work required<br />
for comprehensive and usable changes<br />
to be performed on the existing facility or<br />
building, as well as any other technical services,<br />
installation <strong>of</strong> fixed equipment which is<br />
a part <strong>of</strong> the facility or building and development<br />
<strong>of</strong> the construction land.<br />
• Equipment - is a material property <strong>of</strong><br />
permanent or long-term nature, which is<br />
used in operations and activities and which is<br />
an integral part <strong>of</strong> the facility.<br />
A successful capital program starts with a<br />
Liljana Crnčević<br />
coordinated and long-term planning based on<br />
national strategies and evaluation <strong>of</strong> resources<br />
and needs <strong>of</strong> a country. Based on evaluation <strong>of</strong><br />
resources and their condition, Government<br />
may produce a list <strong>of</strong> priorities concerning<br />
long-term capital needs. Long-term planning<br />
<strong>of</strong> capital projects should be done six to ten<br />
years before approval and funding <strong>of</strong> a project.<br />
Medium-term planning is done five years<br />
prior to expected project approval and funding.<br />
Results <strong>of</strong> medium term analysis are published<br />
under a Plan for Capital Improvement<br />
adopted by the Government. The Capital Improvement<br />
Plan is an important document<br />
for making a decision on projects to be included<br />
in the annual Budget Law, representing a<br />
five-year plan concerning national capital priorities,<br />
which is available to the public. As regards<br />
the medium-term planning, projects listed<br />
under the plan may differ from a longterm<br />
plan due to changes <strong>of</strong> circumstances or<br />
priorities, or because <strong>of</strong> cancellation, merging<br />
or defining <strong>of</strong> new projects.<br />
The <strong>Ministry</strong> <strong>of</strong> <strong>Finance</strong> is planning to<br />
embark on the capital budget implementation<br />
process in 2006. Given the huge scope <strong>of</strong><br />
the work, we plan to make a capital budget<br />
for the Public Works Directorate and Directorate<br />
for Highways for next year. We also plan<br />
to issue Instructions on Preparation <strong>of</strong> the<br />
Capital Budget, which will contain ways and<br />
forms used for preparation <strong>of</strong> a capital budget<br />
request, classification <strong>of</strong> capital budget<br />
projects, forms used for reporting on completion<br />
<strong>of</strong> a project etc.<br />
PUBLIC INVESTMENT PLANNING UNIT,<br />
BUDGET SECTOR<br />
INDEPENDENT ADVISOR I<br />
Ljiljana Crnčević<br />
Phone. 081 225 266<br />
e-mail: mf@mn.yu<br />
19
Banking sector privatizacion<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
Banking sector<br />
privatizacion in 2005<br />
Ownership structure <strong>of</strong> stock capital in banks<br />
Milorad Katnić, M.A.<br />
INTRODUCTION<br />
Reform <strong>of</strong> the entire banking system <strong>of</strong><br />
<strong>Montenegro</strong> is, first <strong>of</strong> all, directed towards establishment<br />
<strong>of</strong> safety and stability as well as<br />
increase in the banking system efficiency and<br />
pr<strong>of</strong>itability.<br />
The corner stone <strong>of</strong> monetary reform was<br />
established by the introduction <strong>of</strong> Deutsche<br />
Mark (November 1999), later on Euro (January<br />
2002) as legal tender and by establishment<br />
<strong>of</strong> the Central Bank <strong>of</strong> <strong>Montenegro</strong> (November<br />
2000). Euro introduction had significant implications<br />
on Montenegrin economy. Trade and<br />
investment developments became more simple,<br />
easy and with less transaction costs.<br />
Fast reform brought about significant results:<br />
new legislative regulative adoption, implementation<br />
<strong>of</strong> the ownership transformation,<br />
new bank management concept adoption,<br />
bank products <strong>of</strong>fer increase. Adoption <strong>of</strong><br />
the Law on Leasing, Law on Amendments and<br />
Supplements to the Law on Protection <strong>of</strong> Deposits,<br />
Law on Bill <strong>of</strong> Exchange, during 2005,<br />
additionally contributed to complete the set <strong>of</strong><br />
legislative regulations which regulate this area.<br />
BANKING SEKTOR AT THE END OF 2004<br />
Ten banks operate within the banking system<br />
<strong>of</strong> <strong>Montenegro</strong>: Montenegrin Commercial<br />
Bank, <strong>Montenegro</strong>banka, Podgorička Bank, Atlasmont<br />
Bank, Euromarket Bank, Opportunity<br />
Bank, Hipotekarna Bank, Commercial Bank<br />
Budva, Nikšićka Bank and Pljevaljska Bank.<br />
In the total capital structure in the banking<br />
sector at the end <strong>of</strong> 2004 the total share realized<br />
by the state was 25.76%, private capital<br />
36.35%, and the share <strong>of</strong> capital from foreign<br />
sources was 37.89% .<br />
As for the ownership structure <strong>of</strong> stock capital<br />
in banks at the end <strong>of</strong> 2004, the state-owned<br />
share is dominant in Podgoricka and Niksicka<br />
Bank, and it is significantly present in Pljevaljska,<br />
Atlasmont and Hipotekarna Bank .<br />
PRIVATIZTION OF BANKING SECTOR<br />
IN 2005<br />
At the beginning <strong>of</strong> 2005, 75% <strong>of</strong> the Montenegrin<br />
banking sector was in private ownership<br />
and already then significant results <strong>of</strong> restructuring<br />
and rehabilitation <strong>of</strong> this sector were<br />
seen. Privatization plan for 2005 envisaged finalization<br />
<strong>of</strong> activities regarding privatization <strong>of</strong><br />
Podgoricka Bank. By the Decisions <strong>of</strong> the Council<br />
for Privatization and the Government <strong>of</strong> the<br />
<strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong> the manner and procedure<br />
<strong>of</strong> the state-owned shares package sale<br />
was defined in Pljevaljska and Niksicka Bank<br />
(Council's Decisions from September 14, 2005)<br />
and in Hipotekarna and Atlasmont Bank (Conclusion<br />
<strong>of</strong> the Government <strong>of</strong> the <strong>Republic</strong> <strong>of</strong><br />
<strong>Montenegro</strong> from September 15, 2005)<br />
Podgoricka and Atlasmont Bank privatization<br />
was finished until the end <strong>of</strong> 2005, whereas<br />
completion <strong>of</strong> privatization <strong>of</strong> Pljevaljska<br />
Bank and Niksicka Bank is envisaged for the<br />
first half <strong>of</strong> 2006.<br />
PRIVATIZATION OF PODGORICKA<br />
BANK A.D.<br />
Council for Privatization adopted the Decision<br />
on Initiation <strong>of</strong> Privatization Procedure <strong>of</strong><br />
Source: Central Bank <strong>of</strong> <strong>Montenegro</strong><br />
"Podgorička Bank" a.d., Podgorica, in November<br />
2005, by selling majority shares package owned<br />
by the state by means <strong>of</strong> an international tender.<br />
Given the planned activities volume and significance<br />
<strong>of</strong> privatization <strong>of</strong> Podgoricka Bank, the<br />
Commission for privatization in the banking sector<br />
stated the need <strong>of</strong> a financial advisor engagement<br />
and in accordance with that the top-rated<br />
company IAAG Consultoria &Corporate <strong>Finance</strong><br />
SA from Spain was chosen by the tender.<br />
On proposal <strong>of</strong> the financial advisor, the<br />
Decision on Public Invitation for Bids to express<br />
interest for majority share package purchase<br />
in privatization <strong>of</strong> Podgoricka Bank a.d.<br />
Podgorica was made on May 11, 2005. Written<br />
applications were submitted within the deadline<br />
by the following companies: Société Générale,<br />
Paris and Steiermärkische Bank und Sparkassen<br />
AG, Grac. Then the Public Invitation for<br />
Bids for majority share package sale <strong>of</strong> "Podgorička<br />
Bank" a.d. - was announced in June 2005,<br />
both in domestic and foreign magazines. One<br />
Bid was submitted within the deadline by the<br />
company Société Générale, Paris.<br />
As it was concluded that Société Générale<br />
met all the necessary conditions envisaged by<br />
the bid, the Agreement on Purchase-Sale <strong>of</strong><br />
Shares was signed in October. Thus, 64,4% <strong>of</strong><br />
the state-owned shares was sold at the price <strong>of</strong><br />
385 eur per share. Nominal price <strong>of</strong> shares was<br />
255,65 eur per share, and average trading price<br />
in stock exchanges in October amounted to<br />
249,32 eur per share . In addition, by the Agreement<br />
on Purchase-Sale <strong>of</strong> the Company, it<br />
bound itself, inter alia, to invest into the Bank<br />
1 - Structure <strong>of</strong> ownership <strong>of</strong> the total capital in comparison to the end 2003 has not been significantly changed.<br />
2 - Significant participation <strong>of</strong> the state in Pljevaljska, Niksicka and Hipotekarna Bank is also through indirect ownership i.e. through enterprises in which the state is majority owner<br />
20
Banking sector privatizacion<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
another 40 mil. Eur until 2008. Tradition, reputation<br />
and rating <strong>of</strong> Société Générale in the<br />
world , say enough about the significance and<br />
benefits <strong>of</strong> getting this company as strategic<br />
partner as well as that <strong>Montenegro</strong> became<br />
stable and attractive market, interesting, in<br />
particular, for investments in the financial sector,<br />
even for the biggest world companies.<br />
ATLASMONT BANK A.D. PRIVATIZATION<br />
<strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong> became owner <strong>of</strong><br />
19,19% <strong>of</strong> Atlasmont Bank stock capital by taking<br />
over the shares which were under the<br />
ownership <strong>of</strong> the Agency for Recovery, Liquidation<br />
and Bankruptcy <strong>of</strong> Banks from Belgrade.<br />
Pursuant to the Conclusion made by the Government<br />
<strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong> - the<br />
<strong>Ministry</strong> <strong>of</strong> <strong>Finance</strong> started stock exchange sale<br />
<strong>of</strong> the minority shares package <strong>of</strong> Atlasmont<br />
Bank. Following the implemented activities necesary<br />
for shares sale preparation in the stock<br />
exchange, the <strong>Ministry</strong> <strong>of</strong> <strong>Finance</strong> <strong>of</strong>fered for<br />
sale 2.620 shares on September 26, 2005 at the<br />
price <strong>of</strong> 500 eur per share, what represented<br />
nominal value <strong>of</strong> share. After the stock exchange<br />
auction the best <strong>of</strong>fer was given by HLT<br />
Fund. Atlasmont Bank shares were sold at the<br />
price <strong>of</strong> 770 eur per share, what represented<br />
the total value <strong>of</strong> the state-owned shares package<br />
<strong>of</strong> 2.017.400 eur. The whole amount was<br />
paid by the bonds <strong>of</strong> old foreign exchange savings.<br />
HIPOTEKARNA BANK A.D.<br />
PRIVATIZATION<br />
State-owned shares package sale in Hipotekarna<br />
Bank a.d. was determined in the similar<br />
way as in relation to the Atlasmont Bank, i.e. by<br />
means <strong>of</strong> stock exchange sale. The <strong>Ministry</strong> <strong>of</strong><br />
<strong>Finance</strong> <strong>of</strong>fered 1.020 shares <strong>of</strong> Hipotekarna<br />
Bank a.d. for sale on November 7, 2005 what<br />
represents 3.8776% <strong>of</strong> stock capital at the price<br />
<strong>of</strong> 511.29 eur per share. Sale process is still underway.<br />
Interest <strong>of</strong> foreign partners for majority<br />
ownership <strong>of</strong> this Bank and prices at which<br />
the shares have circulated in the free market<br />
point to the founded expectation that the state-owned<br />
shares will be sold soon.<br />
PLJEVALJSKA BANK A.D. PRIVATIZATION<br />
The Government <strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong><br />
became the owner <strong>of</strong> 56.38% <strong>of</strong> Pljevaljska<br />
Bank a.d. Pljevlja by the decision made as<br />
regards debtor-creditor relations with the Coal<br />
Mine a.d. Pljevlja. Aiming at completion <strong>of</strong> the<br />
Bojana Bošković<br />
banking sector privatization process, the Council<br />
for Privatization made the decision to privatize<br />
the bank by means <strong>of</strong> the International Public<br />
Tender. Taking into account the size <strong>of</strong> the<br />
Bank and volume <strong>of</strong> activities necessary to be<br />
performed, it was decided to appoint the Experts<br />
Team formed <strong>of</strong> the representatives <strong>of</strong> the<br />
Central Bank <strong>of</strong> <strong>Montenegro</strong>, <strong>Ministry</strong> <strong>of</strong> <strong>Finance</strong>,<br />
Development Fund, Institute for Strategic<br />
Prognosis and Pljevaljska Bank to perform<br />
the financial advisor's activity. The Experts Team<br />
prepared all documentation envisaged by<br />
legal regulations within the envisaged deadline.<br />
The prepared material was adopted at the Tender<br />
Commission session and on December 2,<br />
2005 the Public Invitation for Bids was announced<br />
for sale <strong>of</strong> 78.72% <strong>of</strong> state-owned<br />
shares and shares owned by the state funds .<br />
Deadline for conclusion <strong>of</strong> the tender is March<br />
2, 2006 at 15:00h. Pljevaljska Bank privatization<br />
procedure completion is planned for the first<br />
quarter <strong>of</strong> 2006.<br />
NIKŠIĆKA BANK A.D. PRIVATIZATION<br />
By the beginning <strong>of</strong> 2006 the Government<br />
<strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong> and the Council<br />
for Privatization will define in detail the<br />
manner and models for Niksicka Bank privatization.<br />
In that part, the <strong>Ministry</strong> <strong>of</strong> <strong>Finance</strong><br />
sent an iniciative to the Electro-distribution<br />
Company <strong>of</strong> <strong>Montenegro</strong>, which has got a significant<br />
share in the Nikšićka Bank ownership,<br />
to start the privatization process jointly, in order<br />
to sell the majority shares package to a<br />
strategic partner which would meet the set<br />
conditions in the procedure.<br />
INSTEAD OF CONCLUSION<br />
One <strong>of</strong> the objectives defined by the Economic<br />
Reforms Agenda reads as folllows: "Building<br />
a stable financial system in the private<br />
ownership, completely integrated into the international<br />
structures, which <strong>of</strong>fers safe and<br />
stable return <strong>of</strong> depositors' deposits and real<br />
capital prices for borrowers."<br />
At the end <strong>of</strong> 2005 legal infrastructure was<br />
completed, and its changes are in accordance<br />
with the financial system development needs.<br />
90% <strong>of</strong> banking system is already in private<br />
ownership, and privatization <strong>of</strong> the Niksicka<br />
Bank and completion activities <strong>of</strong> the Pljevaljska<br />
Bank privatization are planned to take place<br />
in the first quarter <strong>of</strong> 2006. In this way the<br />
whole banking sector will be in private ownership.<br />
Change <strong>of</strong> the ownership structure <strong>of</strong> the<br />
banking sector <strong>of</strong>fers additional guarantees for<br />
growth <strong>of</strong> money <strong>of</strong>fer, competition and efficiency<br />
<strong>of</strong> banks.<br />
The newest statistical data on developments<br />
within the banking sector, primarily on<br />
citizens' deposits growth, show that citizens'<br />
confidence into banking sector has been significanlty<br />
regained. This is especially significant<br />
given the negative experience with savings in<br />
"pyramidal" banks from the last decade. Confidence<br />
in the economic perspective <strong>of</strong> <strong>Montenegro</strong><br />
and stable financial system is confirmed<br />
also by Hypo Alpe Adria Bank registration,<br />
which got working permit in late 2005, as well<br />
as by efforts made by other financial institutions<br />
to become participants in the Montenegrin<br />
banking market through privatization <strong>of</strong><br />
the remaining part <strong>of</strong> the state capital or<br />
green-field investments.<br />
Significant economic developments in relation<br />
to the macroeconomic stability establishment,<br />
creation <strong>of</strong> competitive institutional<br />
ambience, through demonopolization, liberalization<br />
and business barriers removal,<br />
what is followed by great direct foreign investments<br />
growth, additionally provide for safety<br />
and stability <strong>of</strong> the banking sector, which consequently<br />
represents the accelerator <strong>of</strong> the faster<br />
economic growth.<br />
ASSISTANT MINISTER, M.A.Milorad Katnić<br />
ADVISOR, Bojana Bošković<br />
Phone: 081-245-589, 224-248<br />
e-mail: mf@mn.yu<br />
3 - Directly upon the privatization process, the state share in the ownership structure <strong>of</strong> Podgoricka Bank amounted to 55,64%, and Pension and Disability Fund 4,14%. Pursuant to the agreement<br />
with the IFC the state exchanged 10% <strong>of</strong> its ownership for the old debts, in which way the Podgoricka Bank got International <strong>Finance</strong> Corporation as strategic partner. At the same time,<br />
the <strong>Ministry</strong> <strong>of</strong> <strong>Finance</strong> started the procedure <strong>of</strong> exchange <strong>of</strong> old debts which were hard to be collected from the companies (mainly and dominantly state-owned), which owned the Podgoricka<br />
Bank shares in the portfolio. Thus, the state ownership in Podgoricka Bank increased by 15% or 4.364 shares, and debt to the amount <strong>of</strong> 1.115.656,60 eur was converted. By the sale <strong>of</strong> total<br />
state-owned shares package in Podgoricka Bank at price <strong>of</strong> 385 eur per share, capital pr<strong>of</strong>it was realized to the amount <strong>of</strong> 546.438,40 eur for the shares package acquired by debt conversion.<br />
Furthermore, over one million Euro debts, which dominantly belonged to the category <strong>of</strong> hardly recoverable debts, were completely collected in this way.<br />
4 - Société Générale started its operation in the banking domain on May 4, 1864. Therefore, it has got banking experience <strong>of</strong> over 141 year. It has been present in the region since 1998 in Romania,<br />
Bulgaria, Czech <strong>Republic</strong>, Slovenia and Serbia. Société Générale Group, which includes banking, specialized funding, broker operations, management portfolio, real estate and insurance,<br />
is doing business at the local level in the area <strong>of</strong> 45 countries all over the world.<br />
5 - All legal persons are entitled to participate in the tender, regardless <strong>of</strong> type and form <strong>of</strong> organization, who can provide evidence for meeting conditions to have total revenues from operations<br />
realized in the last three years in the amount not less than, in average, 5 million EUR annually. Physical persons are also entitled to participate in the tender, which apart from the general<br />
conditions, must provide evidence to be financially able to make payments for the shares at the price <strong>of</strong>fered in the tender procedure, without debts contracted from the exeternal sources.<br />
21
Credit rating <strong>Montenegro</strong><br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
Credit rating <strong>Montenegro</strong><br />
Vladimir Kavarić, M.A.<br />
<strong>Montenegro</strong> successfully performed<br />
its first annual revision <strong>of</strong> credit rating<br />
by the agency Standard and<br />
Poors (S&P). Already in its first year credit rating<br />
evaluation is improved, from BB stable<br />
to BB positive. Analysts <strong>of</strong> S&P, which visited<br />
<strong>Montenegro</strong> in November 2005, state that<br />
the improvement was based on the successful<br />
political and economic reforms, and on the<br />
strengthening <strong>of</strong> the macroeconomic stability.<br />
Privatization in the most important economic<br />
sectors and the reduction <strong>of</strong> the share<br />
<strong>of</strong> public debt in the GDP (to about 44%) is<br />
emphasized. Having in mind recognized movements<br />
analysts <strong>of</strong> the agency Standard and<br />
Poors expect continuation <strong>of</strong> the implementation<br />
<strong>of</strong> reforms, which will be effectuated<br />
through the growth <strong>of</strong> GDP from 4% to 5% a<br />
year, and the further investment swing,<br />
downsizing <strong>of</strong> administration, reduction <strong>of</strong><br />
the budgetary deficit (to less than 2%) and<br />
improvement <strong>of</strong> the business environment.<br />
Strong political support to the Stabilization<br />
and Association Process was also positively<br />
evaluated. Analysts <strong>of</strong> the Standard and Poors<br />
Agency expect, which was explicitly stated in<br />
the report, that holding a referendum and<br />
the forthcoming independence will not affect<br />
political and economic stability.<br />
Improvement <strong>of</strong> the credit rating in this<br />
year, as a very positive event in for the further<br />
positioning <strong>of</strong> <strong>Montenegro</strong> at the international<br />
financial market, has also additional<br />
positive elements. Namely, it is realized<br />
only a year after the initial rating is received,<br />
which represents the announcement <strong>of</strong> its<br />
further corrections and improvements. Furthermore,<br />
it is <strong>of</strong> special importance that the<br />
improvement came in the year before the referendum.<br />
It is known that the period <strong>of</strong> large<br />
strategic political decisions is not suitable<br />
for the implementation <strong>of</strong> reforms and that<br />
economic matters in these situations usually<br />
become less important because <strong>of</strong> solving <strong>of</strong><br />
political dilemmas. However, that did not<br />
happen in <strong>Montenegro</strong>. Only few months<br />
before the expression <strong>of</strong> the citizens will<br />
about the independence <strong>of</strong> <strong>Montenegro</strong>, improvements<br />
in all segments <strong>of</strong> implementation<br />
<strong>of</strong> reforms are noticed.<br />
Credit rating evaluations <strong>of</strong> some <strong>of</strong> the<br />
countries to which <strong>Montenegro</strong> could be<br />
compared to, could be used for better consideration<br />
<strong>of</strong> the achieved results. For instance,<br />
<strong>Montenegro</strong> is better rated than Serbia,<br />
Ukraine and Turkey, which have rating BB-.<br />
Macedonia has rating BB+, while ratings <strong>of</strong><br />
Hungary (BBB-), Russia (BBB-), Bulgaria<br />
(BBB) and Croatia (BBB) are somewhat better.<br />
It is very important here to mention that<br />
those are all countries that are for many years<br />
now (2 to 8 years) at the credit list <strong>of</strong> the<br />
Standard and Poors Agency. The <strong>of</strong>ficial information<br />
on rating <strong>of</strong> <strong>Montenegro</strong> can be<br />
found at the web site <strong>of</strong> the Agency<br />
(www.standardandpoors.com).<br />
Regardless <strong>of</strong>, now rather well recognized<br />
importance <strong>of</strong> credit rating, we should specify<br />
its basic performance. What does credit<br />
rating mean for <strong>Montenegro</strong> Credit rating<br />
and improvement <strong>of</strong> its performance undoubtedly<br />
help further establishment <strong>of</strong><br />
Montenegrin position at the international<br />
financial market. National Borrowing under<br />
more favorable conditions becomes possible.<br />
The country becomes more attractive for inflow<br />
<strong>of</strong> long-term capital into private and<br />
public companies, banks and other financial<br />
institutions. Namely, with the estimation <strong>of</strong><br />
credit rating <strong>of</strong> the country, investment risks<br />
become more transparent. Furthermore, credit<br />
rating provides us with analytical instrument<br />
for precise recognition, both positive<br />
and negative movements. Diversity <strong>of</strong> the<br />
methodology for calculations <strong>of</strong> credit rating<br />
provides exceptional corrective factor for<br />
conducting <strong>of</strong> economic policy.<br />
This type <strong>of</strong> credit rating is especially important<br />
because it represents independent<br />
opinion. Foreign investors get information on<br />
<strong>Montenegro</strong> from the source they find neutral.<br />
Standard and Poors Agency, which in its<br />
report gives unambiguous support to all that<br />
is done by now, is surely one <strong>of</strong> the most reputable<br />
and credible institutions in the world for<br />
evaluation <strong>of</strong> economic accomplishments in<br />
one country. However, these reports get their<br />
full meaning only if the trends recognized during<br />
last years continue. Creating a stable business<br />
environment with low level <strong>of</strong> transaction<br />
costs, reduction <strong>of</strong> taxes, stable public finances<br />
based on the reduced public spending and<br />
budgetary deficit are the basic priorities.<br />
SECRETARY OF THE<br />
MINISTRY OF FINANCE<br />
Vladimir Kavaric<br />
Phone: 081-225-910<br />
E-mail: mf@mn.yu<br />
22
Outline <strong>of</strong> the Customs Tariff Law<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
Outline <strong>of</strong> the<br />
Customs Tariff Law<br />
At the third meeting <strong>of</strong> its second regular<br />
session, held on December 6, 2005, the Parliament<br />
<strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong> adopted<br />
the Customs Tariff Law", which is to be<br />
applicable as <strong>of</strong> January 1, 2006. Decree on<br />
Customs Tariff ceased to exist as <strong>of</strong> the day <strong>of</strong><br />
implementation <strong>of</strong> the Law ("Official Gazette<br />
RoM", No. 47/03 and 25/05).<br />
One <strong>of</strong> the main reasons for adoption <strong>of</strong><br />
the Customs Tariff Law is caused by a need to<br />
harmonize the national customs tariff with<br />
the EU Combined tariff, particular with respect<br />
to its nomenclature. EU Combined tariff<br />
is based on the International Convention on<br />
the Harmonized Commodity Description and<br />
Coding System ("Official Gazette FRY- International<br />
Agreements", No.6/87, 14/91 and<br />
1/97), which was also signed by our country,<br />
thus obliging us to incorporate any change in<br />
the updated HS Nomenclature into our customs<br />
tariff.<br />
Harmonization <strong>of</strong> the regulations relating<br />
to the customs nomenclature is also required<br />
for the purpose <strong>of</strong> intensifying foreign trade<br />
exchange with the EU member states, and for<br />
meeting one <strong>of</strong> the prerequisites for the accession<br />
<strong>of</strong> our country to the World Trade Organization.<br />
Application <strong>of</strong> the EU Combined Nomenclature<br />
enables uniform commodity coding,<br />
description and classification, including electronic<br />
processing, which contributes to further<br />
modernization <strong>of</strong> the customs system and<br />
speeds up customs procedure. Harmonization<br />
<strong>of</strong> the national customs tariff with the<br />
EU Combined Nomenclature will significantly<br />
simplify the implementation <strong>of</strong> the Free Trade<br />
Agreements, because the countries with<br />
which such agreements are concluded, have<br />
mostly harmonized their nomenclatures with<br />
the EU Combined Nomenclature.<br />
New Customs tariff is based on the Harmonized<br />
System (HS-2002), which represents<br />
a universal classification system that is used<br />
in the process <strong>of</strong> customs tariffs determining.<br />
Each product, as a foreign trade exchange<br />
item, is assigned a 10-digit unique identification<br />
code <strong>of</strong> which the first six digits represent<br />
Harmonized System (stipulated by the World<br />
Customs Organization), seventh and eighth<br />
digit <strong>of</strong> the tariff code are taken from the EU<br />
Combined Nomenclature and are unique for<br />
all EU member states and other countries that<br />
took this nomenclature, including our country.<br />
The ninth and tenth digit <strong>of</strong> the tariff code<br />
varies from country to country and the<br />
countries use them for their local nomenclature<br />
positions.<br />
Customs Tariff Law is composed <strong>of</strong> 97<br />
headings and 10.229 tariff items. The number<br />
<strong>of</strong> tariff items comparing to past 8.554 tariff<br />
items is bigger now by 1.675 or 19,58%. Tariff<br />
items were significantly increased in the agriculture<br />
sector i.e. by 1.315 or 121,08%. Tariff<br />
rates are given in % as compared to ad valorem,<br />
ranging from 0% to 30%.<br />
The Law also includes past levies, which<br />
were charged on certain agricultural products<br />
and food staff, according to the last Decree on<br />
Special Import Duties on Agricultural Products<br />
and Food Stuffs ("Official Gazette<br />
RoM", No. 61/03). The levies are denominated<br />
in their total amount as per unit <strong>of</strong> measurement<br />
and shown together with the rate<br />
level in the Customs tariff (column: "tariff rate").<br />
Average nominal tariff protection rate is<br />
6,17%, while according to the last Decree,<br />
such rate was 6,13%, which means that the<br />
average nominal tariff protection rate was<br />
increased by 1,1%. Rise in average nominal tariff<br />
protection rate is a result <strong>of</strong> increase <strong>of</strong> tariff<br />
rate for: beef meat (fresh and chilled), other<br />
meat-packaging products (pig, sheep, goat<br />
and horse meat), sea fish (pilchards, mackerels,<br />
eels etc.), pickles and cucumbers, cacao<br />
butter, fat and oil and diesel fuel with increased<br />
sulfur concentration.<br />
Rise in tariff rates for beef meat from 0%<br />
or 5% to 10% or 15% is a result <strong>of</strong> commitment<br />
to protect domestic production and annulment<br />
<strong>of</strong> the Ordinance on Taking Actions<br />
for Preventing BSE from entering the territory<br />
<strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong> ("Official<br />
Gazette RoM", No. 23/05), prohibiting import<br />
<strong>of</strong> beef meat, so there was no need for establishing<br />
a higher tariff protection rate for<br />
this product earlier.<br />
Increase <strong>of</strong> tariff rate for certain meatpackaging<br />
products, sea fish, pickles, cucumbers,<br />
cocoa butter, fat and oil was caused by a<br />
need to protect domestic production <strong>of</strong> the<br />
said products.<br />
Rise in nominal tariff rate for diesel fuel<br />
with increased sulfur concentration is a result<br />
<strong>of</strong> commitment to reduce negative impacts<br />
on the environment.<br />
Average nominal tariff protection rate<br />
was reduced in the following headings:<br />
5(3,52%); 6(3,24%); 9(0,95%); 11(0,66%);<br />
Mitar Bajčeta<br />
12(7,53%); 13(2,85%); 14(1,55%); 15(1,63%);<br />
23(0,03%); 24(0,75%); 27(0,05%); 28(1,20%);<br />
29(0,17%); 31(1,59%); 33(4,69%); 38(0,48%),<br />
39(1,23%), 44(0,12%), 46(5,00%), 48(0,38%),<br />
49(0,62%), 50(3,00%); 51(1,29%); 52(6,57%);<br />
53(4,00%); 54(5,77%); 55(6,88%); 56(2,54%);<br />
57(6,85%); 58(9,04%); 59(1,61%); 60(4,91%);<br />
61(9,64%); 62(11,08%); 63(7,71%);<br />
64(0,86%); 65(0,53%); 67(3,12%); 68(0,33%);<br />
70(0,43%); 71(5,12%); 72(0,18%); 74(4,31%);<br />
76(0,35%); 82(0,30%); 83(0,44%); 84(0,17%);<br />
89(0,07%); 90(0,08%); 91(1,73%); 94(0,11%);<br />
95(0,12%) i 96(0,06%), which is a result <strong>of</strong><br />
the tariff rate reduction for the largest number<br />
<strong>of</strong> products under the above headings.<br />
The Customs Tariff Law provides for no<br />
obligation for payment <strong>of</strong> export duties,<br />
which were charged on certain products (raw<br />
skin, iron scraps etc.) according to previous<br />
regulations. Payment <strong>of</strong> export duties was stipulated<br />
under the Law on Action Plan for<br />
Harmonization <strong>of</strong> Economic Systems between<br />
the Member States <strong>of</strong> the State Union<br />
Serbia and <strong>Montenegro</strong> for Prevention and<br />
Removal <strong>of</strong> Obstacles to Free Movement <strong>of</strong><br />
Goods, Services and Capital ("Official Gazette<br />
RoM", No. 42/03). However, upon amendments<br />
to the said Law and adoption <strong>of</strong> the<br />
"double-track" approach, existence <strong>of</strong> export<br />
duties was no longer needed, and <strong>Montenegro</strong><br />
was given opportunity to arrange its customs<br />
system and tariff policy in accordance<br />
with its needs and level <strong>of</strong> economic development.<br />
ASSISTANT MINISTER<br />
Koviljka Mihailović,<br />
Mitar Bajčeta<br />
Phone: 081-225-013<br />
E-mail: mf@mn.yu<br />
" The Law is published in the "Official Gazette <strong>of</strong> the RoM", No. 75/05<br />
23
Outline <strong>of</strong> the Customs Tariff Law<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
1. Comparative Review <strong>of</strong> the Tariff Rates according to the Law and the last Decree<br />
2. - Average Tariff Protection Rates, according to the Law and the last Decree, as per sections (21 Section);<br />
24
Which amendments are made to the Law on Excises<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
Which amendments are made to the Law<br />
on Excises<br />
1. BASIC DECISIONS<br />
Basic decisions <strong>of</strong> the Law on Excises ("Official<br />
Gazette <strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong>",<br />
No. 65/01), were passed in the framework <strong>of</strong><br />
"package" <strong>of</strong> the new tax regulations by the<br />
end <strong>of</strong> 2001, which application started on april<br />
1, 2002. This Law is based on decisions <strong>of</strong> the<br />
EU member states, regulated by several Directives<br />
(92/12/EEC, 92/78/EEC, 92/80/EEC,<br />
92/81/EEC, 98/83/EEC, 92/84/EEC,<br />
92/108/EEC, 92/94/EEC etc.), which defined<br />
common statements on excise duties, in particular<br />
in the part related to: area <strong>of</strong> application,<br />
taxation subject, excise debtors, structure and<br />
minimum excise duties rate level, as well as types<br />
<strong>of</strong> exemptions from excise duties payment.<br />
Excise duty payment obligation was introduced<br />
by the Law for three groups <strong>of</strong> products:<br />
alcohol and alcoholic drinks, tobacco products,<br />
mineral oils and their derivatives and substitutes.<br />
Excise duty obligation is paid per unit <strong>of</strong><br />
measure, except from cigarettes wherein the<br />
combined manner is used to determine the excise<br />
duty obligation level (specific and ad valorem).<br />
The greatest part <strong>of</strong> excise duties level is<br />
adjusted to the minimum amount in the Europen<br />
Union, and transitional period until January<br />
1, 2005 was determined for the products for<br />
which the adjustment was not possible (beer<br />
and domestic brandy).<br />
Excise duty obligation level for cigarettes<br />
until January 1, 2006 was defined by the Decree<br />
on Determining the Amount <strong>of</strong> Specific<br />
and Proportional Excise Duty on Cigarettes<br />
("Official Gazette <strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong>",<br />
No.15/02 and 34/04), and according to<br />
that Decree, excise duty obligation consisted<br />
<strong>of</strong> specific and proportional excises (what is in<br />
accordance with the EU standards), but its total<br />
level was not adjusted to the lowest amount<br />
<strong>of</strong> excise, which is envisaged by the EU Directives.<br />
Namely, Directives 92/79/EEC,<br />
92/80/EEC, 95/59/EC and 2002/10/EC envisaged<br />
that the lowest excise amount for cigarettes<br />
amounts to 57% <strong>of</strong> the retail price <strong>of</strong> the<br />
most popular cigarette in country, and from<br />
2006 the amount can not be lower than 64,00<br />
eur per kilogram. According to the mentioned<br />
Decree, excise duty level for cigarettes was determined<br />
depending on the quality group <strong>of</strong><br />
cigarettes, and amounted to: for quality group<br />
"A" , 8 eur for 1.000 pieces and 50% <strong>of</strong> import<br />
i.e. selling price, for quality group "B", 4 eur<br />
for 1.000 pieces and 25% <strong>of</strong> selling price, and<br />
for quality group "C", 2 eur for 1.000 pieces<br />
Ružica Glomazić<br />
and 20% <strong>of</strong> selling price.<br />
2. WHICH ARE THE MOST SIGNIFICANT<br />
AMENDMENTS<br />
The Parliament <strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong><br />
adopted the Law on Amendments <strong>of</strong> the<br />
Law on Excises ("Official Gazette <strong>of</strong> the <strong>Republic</strong><br />
<strong>of</strong> <strong>Montenegro</strong>", No. 76/01) at the third<br />
session <strong>of</strong> the second regular session in 2005,<br />
held on December 6, 2005, and its application<br />
started from January 1, 2006.<br />
The most significant amendments, which<br />
were provided by the provisions <strong>of</strong> the mentioned<br />
law, are related to: time <strong>of</strong> beginning <strong>of</strong><br />
the excise duty calculation and payment obligation<br />
for cigarettes, as well as the manner <strong>of</strong><br />
marking the alcoholic drinks and tobacco products<br />
with the excise stamps.<br />
It is envisaged by the Law to calculate the<br />
excise duty for cigarettes at the moment <strong>of</strong> taking<br />
over the control excise stamps, and this<br />
decision is essentially different from the past<br />
decision according to which the excise was calculated<br />
at the moment <strong>of</strong> putting the tobacco<br />
products into free circulation i.e. in the course<br />
<strong>of</strong> these products`sale to end users (for domestic<br />
cigarettes and cigarettes which are sent<br />
to excise warehouses).<br />
Excise calculated for cigarettes is paid within<br />
the deadline <strong>of</strong> 60 days from the date <strong>of</strong><br />
control excise stamps assumption, wherein the<br />
excise payer is obliged to present to the relevant<br />
tax authority the bank guarantee to the<br />
amount which corresponds to the calculated<br />
excise. Pursuant to the past decision, excise was<br />
due to be paid until the end <strong>of</strong> the next month<br />
Koviljka Mihailović<br />
for the previous month for domestic cigarettes,<br />
and as regards import it was done simultaneously<br />
with the customs duty payment, if the<br />
transport to excise warehouse was not approved<br />
(in which case the deadline for the excise<br />
payment was the same as for domestic cigarettes).<br />
According to the amended decisions, excise<br />
obligation for cigarettes consists <strong>of</strong> specific<br />
excise, which amounts to 1,00 eur per kg i.e.<br />
0,02 eur/pack for all cigarettes (domestic and<br />
imported), and proportional excise which<br />
amounts to 26% <strong>of</strong> its retail price (wherein excise<br />
and Value Added Tax are included).<br />
Excise for all other tobacco products is maintained<br />
at the existing level and it amounts to:<br />
for cigars and cigarillos - 10,00 Eur, for fine cut<br />
tobacco (rolling cigarettes) for fine cut tobacco<br />
(rolling cigarettes) - 20,00 Eur, and for other<br />
smoking tobacco - 15,00 Eur.<br />
Retail prices <strong>of</strong> cigarettes are determined<br />
by the producer i.e. importer and the same are<br />
obliged to report the prices to the relevant tax<br />
authority and publish them in the "Official<br />
Gazette <strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong>" before<br />
putting them into circulation. Selling cigarettes<br />
at retail prices which are higher than reported<br />
is not allowed.<br />
Significant amendments to the past decisions<br />
are related to marking tobacco products<br />
and alcoholic drinks with control excise<br />
stamps. In contrast to the past decisions, there<br />
is now regulated the obligation to use excise<br />
stamps for products, which are being sold in<br />
the customs free shops and which are driven<br />
through our customs area, and for which the<br />
25
Which amendments are made to the law on excises<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
foreign supplier did not submit his excise<br />
stamps.<br />
Pursuant to the authorisations from the<br />
Law on Excises (Article 11), the Government <strong>of</strong><br />
the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong> adopted the Decree<br />
on Marking Tobacco Products and Alcoholic<br />
Drinks with Control Excise Stamps, at the<br />
session on December 29, 2005 ("Official Gazette<br />
<strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong>", No.<br />
82/05), which regulates in detail the subject<br />
matter related to the manner <strong>of</strong> marking the<br />
tobacco products and alcoholic drinks with the<br />
stamps, manner and procedure <strong>of</strong> approval,<br />
printing and issuance <strong>of</strong> the excise stamps, and<br />
manner <strong>of</strong> keeping records about destroyed, issued,<br />
used, damaged and unused excise stamps<br />
for tobacco products and alcoholic drinks.<br />
The novelty is also that the Law provided<br />
the Government with the authorisation to<br />
increase the excise amount determined by the<br />
Law up to 20% at annual level, in order to gradually<br />
adjust the excise obligation level for cigarettes<br />
to the lowest amount in the European<br />
Union. Increase in percentage would be determined<br />
depending on the amount <strong>of</strong> the excise<br />
paid for cigarettes from the best selling price<br />
group in our <strong>Republic</strong> (the most popular cigarettes).<br />
On the proposal <strong>of</strong> tax authority, the<br />
<strong>Ministry</strong> <strong>of</strong> <strong>Finance</strong> would determine the<br />
amount <strong>of</strong> retail price <strong>of</strong> cigarettes from the<br />
best selling price group, at least once annually,<br />
and that price would be published in the "Official<br />
Gazette <strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong>".<br />
This decision creates prerequisites for more efficient<br />
adjustment <strong>of</strong> our excise level for cigarettes<br />
to the standards in the EU.<br />
3. COMPARATIVE DECISIONS IN<br />
CONNECTION TO PAYMENT OF EXCISE<br />
FOR CIGARETTES<br />
Excise duty level for cigarettes in the neighbouring<br />
countries is pretty uneven and only<br />
the <strong>Republic</strong> <strong>of</strong> Slovenia applied the criteria<br />
for determiantion <strong>of</strong> excise level, which are envisaged<br />
by the European Union standards. Namely,<br />
excise for cigarettes in that republic was<br />
determined on the basis <strong>of</strong> retail price <strong>of</strong> cigarettes<br />
from the best selling price group, which<br />
on July 1, 2005 amounted to 1,712 eur/pack.<br />
According to the Government`s regulation,<br />
specific excise to the amount <strong>of</strong> 12,7 eur for<br />
1000 pieces <strong>of</strong> cigarettes is paid and proportional<br />
excise at the rate <strong>of</strong> 42,56% <strong>of</strong> the retail price<br />
<strong>of</strong> cigarettes. Thus, for example, for the<br />
brand cigarettes "Gaulois" which retail price is<br />
1,90 eur (450 SIT), total excise amounts to<br />
1,08eur.<br />
In the <strong>Republic</strong> <strong>of</strong> Croatia, cigarettes are<br />
placed in three quality groups because <strong>of</strong> the<br />
need to calculate excises, and the excises amount<br />
respectively:<br />
- for the group "A" - 0,71 eur/pack<br />
- for the group "B" - 0,82 eur/pack<br />
- for the group "C" - 1,41 eur/pack<br />
In the <strong>Republic</strong> <strong>of</strong> Serbia, excise for cigarettes<br />
is paid as follows:<br />
- in the period from January 1, 2005 to<br />
December 31, 2006 for imported cigarettes-<br />
0,12 eur/pack, and for cigarettes produced in<br />
the country -0,012 eur/pack and 30% <strong>of</strong> retail<br />
price;(e.g. for imported cigarette "David<strong>of</strong>f",<br />
which retail price amounts to 1.1eur/pack, total<br />
excise amounts to 0,47eur/pack).<br />
- from January 1, 2007 to December 31,<br />
2009 for imported cigarettes -0,12 eur/pack<br />
and for cigarettes produced in the country -<br />
0,02 eur/pack and 40% <strong>of</strong> retail price, and<br />
- from January 1, 2010 for imported cigarettes-0,12<br />
eur/pack and for cigarettes produced<br />
in the country -0,06 eur/pack, and 50%<strong>of</strong><br />
retail price.<br />
If the excise calculated for tobacco products<br />
is lower than the minimum excise amount<br />
envisaged by the Law on Excises (for cigarettes<br />
it amounts to 70% <strong>of</strong> the total excise determined<br />
for the category <strong>of</strong> cigarettes with the<br />
most popular price), the minimum excise is<br />
paid (10 eur/pack). The most popular cigarette<br />
price amounts to 0,43 eur/pack;<br />
In Kosovo - excise is paid to the amount <strong>of</strong><br />
0,20 eur/pack for all cigarettes (imported and<br />
domestic).<br />
In Bosnia and Herzegovina the proportional<br />
rate <strong>of</strong> 49% <strong>of</strong> the retail price <strong>of</strong> cigarettes<br />
is applied to all the cigarettes;<br />
In the <strong>Republic</strong> <strong>of</strong> Makedonia - excise for<br />
cigarettes, for the period from January 1, to<br />
December 31, 2006 amounts to 0,028 eur/pack<br />
and 34%<strong>of</strong> retail price, whereas for cigarettes<br />
to be imported, excise for the same period<br />
amounts to 0,016 eur/pack and 19% <strong>of</strong> retail<br />
price. Thus, e.g. for domestic cigarette "Rodeo<br />
light" which retail price amounts to 0,50 eur,<br />
total excise amounts to 0,26eur. From January<br />
1, 2007, excise level will amount to 0,04<br />
eur/pack and 35% <strong>of</strong> retail price both for domestic<br />
and imported cigarettes;<br />
In the <strong>Republic</strong> <strong>of</strong> Albania excise for cigarettes<br />
is paid to the amount <strong>of</strong> 0,17 eur/pack,<br />
for all kinds <strong>of</strong> cigarettes (imported and domestic).<br />
4. EXCISE PAYMENT IN TOBACCO<br />
PRODUCTS TRADE WITH THE REPUBLIC<br />
OF SERBIA<br />
From January 1, 2006 the manner <strong>of</strong> excise<br />
calculation and payment is changed in tobacco<br />
products trade with the <strong>Republic</strong> <strong>of</strong> Serbia.<br />
Namely, the Government <strong>of</strong> the <strong>Republic</strong><br />
<strong>of</strong> <strong>Montenegro</strong>, adopted the Decree on Change<br />
<strong>of</strong> the Excise Calculation and Payment Manner<br />
in Tobacco Products Trade with the <strong>Republic</strong><br />
<strong>of</strong> Serbia, at the session on December 29,<br />
2005, ("Official Gazette <strong>of</strong> the <strong>Republic</strong> <strong>of</strong><br />
<strong>Montenegro</strong>", No. 82/05). According to the<br />
mentioned Decree, excise is not calculated nor<br />
paid in our <strong>Republic</strong> for tobacco products sold<br />
to the buyers from the territory <strong>of</strong> the <strong>Republic</strong><br />
<strong>of</strong> Serbia, and excise is calculated and paid<br />
for the tobacco products procured from the<br />
territory <strong>of</strong> Serbia as if these were imported<br />
products.<br />
ASSISTANT MINISTER<br />
Koviljka Mihailović<br />
Ružica Glomazić<br />
Phone: 081-242-046, 224-480<br />
E-mail: mf@mn.yu<br />
26
Miodrag Radusinović<br />
Realization <strong>of</strong> the Customs Administration activities<br />
CUSTOMS SYSTEM ROLE IN THE FRA-<br />
MEWORK OF IMPLEMENTATION OF<br />
THE TOTAL ECONOMIC REFORMS OF<br />
MONTENEGRO<br />
Competences and tasks <strong>of</strong> the Customs<br />
Administration and customs <strong>of</strong>ficers are regulated<br />
by the Law on Customs, Law on Customs<br />
Office, Law on Public Administration<br />
as well as special regulations connected to<br />
the Customs Office work. Customs Administration<br />
carries out its activity through its<br />
own organizational units (in the framework<br />
<strong>of</strong> its competences), throughout the entire<br />
area <strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong>.<br />
Customs system proved to be very efficient<br />
and sustainable in the framework <strong>of</strong> the<br />
<strong>Republic</strong>`s economic system, as well as one<br />
<strong>of</strong> reliable backings <strong>of</strong> sovereign <strong>Montenegro</strong>.<br />
Accountability <strong>of</strong> Customs Office <strong>of</strong> the<br />
<strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong> as regards program<br />
tasks efficient implementation, which are<br />
defined by the regulations and program <strong>of</strong><br />
the Government <strong>of</strong> the <strong>Republic</strong> <strong>of</strong> Montnegro,<br />
point to the fact that it is certainly one<br />
<strong>of</strong> the system`s vital parts.<br />
Law on Customs, which entered into force<br />
on February 20, 2002, and is being applied<br />
from April 1, 2003, determined the customs<br />
area <strong>of</strong> <strong>Montenegro</strong> and competence<br />
<strong>of</strong> the Customs Office in that area. Thus, the<br />
independent customs system i.e. Customs<br />
Office <strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong> begun<br />
functioning. This is also ceritied by the Council<br />
<strong>of</strong> European Commission regulation<br />
(No.1946/2005 from November 14, 2005),<br />
which defines the following three new origins<br />
<strong>of</strong> goods in Serbia and <strong>Montenegro</strong>:<br />
"Serbian origin", "Montenegrin origin" and<br />
"Kosovo origin". This is related to the application<br />
<strong>of</strong> the authonomous trade measures<br />
envisaged by the regulation <strong>of</strong> the Council <strong>of</strong><br />
European Commission. (No. 2007/2000<br />
from September 18, 2000), and the Customs<br />
Office <strong>of</strong> <strong>Montenegro</strong> is in charge <strong>of</strong> the implementation<br />
<strong>of</strong> these measures. Therefore,<br />
adoption <strong>of</strong> the Law on Customs Tariff and<br />
other regulations simply upgrade the existing<br />
customs system <strong>of</strong> <strong>Montenegro</strong>.<br />
Customs Office continued with modernization<br />
in 2005, through its risk management<br />
system development, in cooperation<br />
with the World Bank and by means <strong>of</strong> making<br />
an integrated border management strategy,<br />
along with the other state authorities<br />
which are in charge <strong>of</strong> the state borders control.<br />
The Administration is beneficiary <strong>of</strong> the<br />
World Bank credit for Customs Office modernization<br />
in the framework <strong>of</strong> the TTFSE<br />
project (project <strong>of</strong> trade and transport facilitation<br />
in the Southeast Europe countries).<br />
Objectives <strong>of</strong> this project are, inter alia, customs<br />
<strong>of</strong>fice reform, transport acceleration,<br />
non-customs costs reduction, suppression <strong>of</strong><br />
smuggling, prevention <strong>of</strong> corruption. These<br />
objectives realization is carried out through<br />
Customs Office reform, modernization and<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
Realization <strong>of</strong> the Customs<br />
Administration activities<br />
strenghtening <strong>of</strong> the international cooperation,<br />
pr<strong>of</strong>essional training, modern equipment<br />
etc.<br />
Customs Office has a significant and indispensable<br />
role in coordination <strong>of</strong> activities<br />
at the border crossings. Therefore, in that<br />
sense its role in the field <strong>of</strong> combating organized<br />
crime, corruption and international<br />
terrorism is stressed with special reference<br />
to:<br />
- Customs Offices capacities development,<br />
in the sense <strong>of</strong> <strong>of</strong>ficers training, introduction<br />
<strong>of</strong> new operation standards, modernization,<br />
with the goal to enable the customs<br />
<strong>of</strong>fice to respond to challenges <strong>of</strong> modern<br />
operating in the 21 century;<br />
- Necessity <strong>of</strong> making a positive impact<br />
<strong>of</strong> the customs <strong>of</strong>fice work in publicity;<br />
- material position <strong>of</strong> the customs <strong>of</strong>ficers;<br />
- Role <strong>of</strong> the Customs Office in th new<br />
environment (borders management, security<br />
issues, relations with other border authorities);<br />
- Fight against corruption through organization<br />
and procedures (selectivity and risk<br />
management);<br />
- Progress made in relation to the Customs<br />
Offices modernization.<br />
REALIZATION OF TASKS IN 2005<br />
This Administration is in charge <strong>of</strong> the<br />
total collected amount 258.143.052,24 eur<br />
<strong>of</strong> own-source receipts in the period from January<br />
1 to December 28, 2005, what is 63%<br />
<strong>of</strong> own-source receipts realized by the Budget,<br />
which amount to 411.004.020,47eur. The<br />
collection was higher by 29% in comparison<br />
to the same period last year. According to the<br />
receipts structure the collection is as follows:<br />
- Customs duties - 39.132.204,10 eur<br />
was collected, what is higher by 5,69% in<br />
comparison to the plan, and higher by<br />
18,16% in comparison to the last year<br />
- imported goods excise - is calculated to<br />
the amount <strong>of</strong> 66.383.183,09 eur, what is<br />
higher in comparison to the same period last<br />
year by 2,07%, and 53.218.810,85 eur was<br />
collected, what is 114,95% <strong>of</strong> the Budget<br />
plan, and higher by 11,32% in comparison to<br />
the same period last year.<br />
- VAT - out <strong>of</strong> the total VAT realization,<br />
which is 189.731.968,50 eur, the Customs<br />
Administration collected 161.699.768,96<br />
eur or 86%, what is significantly higher than<br />
planned by the Budget and higher by 20,14%<br />
in comparison to the same period last year.<br />
In the internal turnover 14% (28.032.199,54<br />
27
Realization <strong>of</strong> the Customs Administration activities<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
eur) was collected, plus the amount <strong>of</strong> return<br />
done by the Tax Administration.<br />
- Other receipts (taxes) - 4.092.268,33<br />
eur was collected.<br />
Significant results were made also in the<br />
plan <strong>of</strong> customs area protection, in which<br />
process 2.553 <strong>of</strong>fense procedures were instituted,<br />
or 180% more in comparison to the<br />
last year. The most frequent <strong>of</strong>fense cases were:<br />
cigarettes, fuel, clothes and footwear,<br />
food, passenger motor vehicles. The most frequent<br />
forms <strong>of</strong> customs frauds are:<br />
- failing to report goods to the customs<br />
authority,<br />
- false marking <strong>of</strong> the type <strong>of</strong> goods,<br />
- false presentation <strong>of</strong> the goods value<br />
(false invoices)<br />
By legally valid decisions 29.815 boxes <strong>of</strong><br />
cigarettes were withdrawn, which value was<br />
about 99.884,00 eur, and 33.644 liters <strong>of</strong><br />
fuel.<br />
Control and organizational measures have<br />
been undertaken in order to strenghten<br />
pr<strong>of</strong>essionalism, customs <strong>of</strong>ficers integrity<br />
building and fight against corruption. Totally<br />
86 iniciatives were submitted for instituting<br />
disciplinary procedures, in which process<br />
the newly formed control units role is<br />
significant. One decision was made to give a<br />
notice, 25 more strict and 14 less strict disciplinary<br />
measures, what is by 60% more than<br />
in the same period last year.<br />
Modernization <strong>of</strong> the Customs Office<br />
has been continued this year, through risk<br />
management develompent, in cooperation<br />
with the World Bank and through making<br />
the integrated border management strategy<br />
together with other state authorities in charge<br />
<strong>of</strong> the state borders control. Open Line<br />
operated in the course <strong>of</strong> the year, and its<br />
further popularization is planned in the next<br />
period.<br />
Customs Administration attaches great<br />
importance to the international, and in particular<br />
regional cooperation. Montenegrin<br />
Administration representatives took part in<br />
significant international events, and they<br />
were organizers <strong>of</strong> the two international regional<br />
events: Regional Conference on Rrisk<br />
Management and IX TTFSE <strong>of</strong> the Regional<br />
Monitoring Committee. Agreements with<br />
the Customs Offices <strong>of</strong> Iran, Croatia and Albania<br />
were signed during 2005.<br />
Facilitation <strong>of</strong> trade, acceleration <strong>of</strong><br />
transport and security <strong>of</strong> deliveries are permanent<br />
tasks which require special methods<br />
in the Customs Office work. Training and acquisition<br />
<strong>of</strong> new knowledge were preoccupation<br />
<strong>of</strong> a great number <strong>of</strong> customs <strong>of</strong>ficers,<br />
who attended numerous seminars and<br />
workshops during 2005, which were organized<br />
together with domestic and international<br />
organizations and institutions (CLDP;<br />
TAIEX; CAFAO; USAID; WCO (SCO); TAXUD;<br />
EXBS; STAT; SECI; TTFSE; <strong>Ministry</strong> for Foreign<br />
Economic Relations and European Integration;<br />
Council <strong>of</strong> Europe and European Agency<br />
for Reconstruction; World Bank etc.).<br />
Significant experts assistance was provided<br />
by the European Union through the CA-<br />
FAO mission, the Government <strong>of</strong> the USA<br />
and the Government <strong>of</strong> Great Britain. The<br />
Customs Administration makes significant<br />
contribution to the activities implemented<br />
by the Government <strong>of</strong> <strong>Montenegro</strong> aimed at<br />
further customs system improvement, along<br />
with simultaneous functional and organizational<br />
transformation. Construction <strong>of</strong> border<br />
crossing Debeli Brijeg and procurement<br />
with a determined quantity <strong>of</strong> hand equipment<br />
provided for better working conditions.<br />
However, the Adminstration management<br />
will be faced with the lack <strong>of</strong> funds for<br />
housing construction and relevant modern<br />
equipment, which is going to be future challenge.<br />
In the course <strong>of</strong> this year 42 <strong>of</strong>ficers<br />
were employed and 25 left the <strong>of</strong>fice.<br />
Extensive and complex tasks for 2006 are<br />
also a challenge. Budget receipts collection<br />
obligations increased in comparison to 2005,<br />
whereas customs area protection is a permanent<br />
task. By the Budget plan for 2006 it is<br />
envisaged to collect:<br />
- customs duties - to the amount <strong>of</strong><br />
39.718.056,18 eur, what is an increase by<br />
5,79%<br />
- imported goods excises - to the amount<br />
<strong>of</strong> 77.544.673,69 eur, what is an increase by<br />
26,58%<br />
- VAT- to the amount <strong>of</strong> 215.116.796,26<br />
eur, what is an increase by 13,88%<br />
DIRECTOR OF THE<br />
CUSTOMS ADMINISTRATION<br />
Miodrag Radusinović<br />
Phone. 081-623-322<br />
28
Prevention <strong>of</strong> Money Laundering<br />
Predrag Mitrović, M.A.<br />
Montenegrin Administration for the<br />
Prevention <strong>of</strong> Money Laundering,<br />
an institution which is globally<br />
known as a Financial Intelligence Unit was<br />
established by a Decree <strong>of</strong> the Montenegrin<br />
Government <strong>of</strong> December 2003, and tasked<br />
with implementation <strong>of</strong> the Anti-Money<br />
Laundering Law, which entered into force on<br />
October 8, 2003. In July 2004, reporting by<br />
persons under obligation started. Government<br />
<strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong> provided<br />
budget funds for starting <strong>of</strong> operations,<br />
while appropriate information and telecommunication<br />
equipment was provided by donors<br />
(primarily USAID and US Department<br />
<strong>of</strong> the Treasury). Basic by-laws were also<br />
drafted and the Administration was furnished<br />
with adequate organizational structure.<br />
All relevant international standards, particularly<br />
all 49 FATF (Financial Action Task Force)<br />
recommendations as well as the EU Directives<br />
I and II were incorporated in the Montenegrin<br />
Anti-Money Laundering Law, through<br />
its implementation system. Amendments<br />
and modifications to the Law made in<br />
March 2005 demonstrated efficiency in<br />
accepting new standards and requirements.<br />
Provisions concerning prevention <strong>of</strong> financing<br />
<strong>of</strong> terrorism were added, whereupon it<br />
became Anti-Money Laundering and Combating<br />
the Financing <strong>of</strong> Terrorism Law. On<br />
that occasion, a new person under obligation<br />
was entered into the Law: NGOs, nonpr<strong>of</strong>itable<br />
and humanitarian organizations,<br />
while reporting obligation was adjusted to<br />
the international standards, i.e. only reports<br />
on: cash transactions exceeding 15.000 EUR;<br />
tie-in cash transactions exceeding the said<br />
amount as well as suspicious transactions irrespective<br />
<strong>of</strong> their amount or type shall be<br />
submitted.<br />
In order to improve co-operation with<br />
other state authorities, the Administration<br />
signed agreements with the <strong>Ministry</strong> <strong>of</strong> the<br />
Interior, Customs Administration, Tax Administration,<br />
while agreement with the Securities<br />
Commission is in the pipeline.<br />
As regards international co-operation,<br />
the Administration signed agreements with<br />
financial intelligence units from all neighbouring<br />
countries. As a confirmation <strong>of</strong><br />
full acceptance and enforcement <strong>of</strong> all international<br />
standards in this field, which was<br />
verified through several evaluations, the<br />
Montenegrin Administration was admitted<br />
into the Egmont Group, world association <strong>of</strong><br />
FIUs, on July 1, 2005 in Washington. The Administration<br />
met strict conditions for the<br />
membership within a short period <strong>of</strong> timeonly<br />
a year after its becoming operational.<br />
Exchange <strong>of</strong> data with foreign financial intelligence<br />
units has thus been much simplified<br />
through the protected web site <strong>of</strong> the Egmont<br />
Group.<br />
The Administration representatives participate<br />
on equal footing in the work <strong>of</strong> the<br />
Egmont Group Task Forces. They also participate<br />
in the work <strong>of</strong> the MONEYVAL (CoE<br />
Committee on Anti-Money Laundering) almost<br />
from the very beginning <strong>of</strong> the Administration<br />
activities.<br />
In 2005, the Administration provided<br />
data on more than 100.000 transactions, and<br />
following the primary processing <strong>of</strong> data,<br />
which implies requesting additional information<br />
from a person under obligation, 1147<br />
files were opened.<br />
Following additional analysis, 347 files<br />
were forwarded to a next phase <strong>of</strong> analysis.<br />
Out <strong>of</strong> the 347 files, 158 were opened upon<br />
the initiative <strong>of</strong> the persons under obligation,<br />
while 189 files are result <strong>of</strong> primary<br />
analytic data processing.<br />
Following analytic procedure within the<br />
Unit for Suspicious Transactions, 200 files<br />
were opened. Upon completion <strong>of</strong> the data<br />
processing phase, which includes gathering<br />
<strong>of</strong> information about a person or transaction<br />
under the opened file from all persons under<br />
obligation, other state authorities, foreign financial<br />
intelligence units and other possible<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
Activities <strong>of</strong> the<br />
Administration for the<br />
Prevention <strong>of</strong><br />
Money Laundering<br />
sources, 13 files were sent to the Public Prosecutor's<br />
Office in accordance with Article<br />
26 <strong>of</strong> the Anti-Money Laundering Law. Thus,<br />
the Administration completed legal procedure<br />
for each file.<br />
In addition to processing the files according<br />
to described procedure, Anti-Money<br />
Laundering Law, Article 24, allows other<br />
competent state authorities to launch an initiative,<br />
thus obliging the Administration to<br />
institute procedure regarding analysis and<br />
processing <strong>of</strong> the transactions and persons<br />
that are subject-matter <strong>of</strong> the initiative. On<br />
that account, in 2005 the Administration acted<br />
upon 9 files at the initiative <strong>of</strong> the Public<br />
Prosecutor, 18 files at the initiative <strong>of</strong> the <strong>Ministry</strong><br />
<strong>of</strong> the Interior and 6 files at the initiative<br />
<strong>of</strong> other authorities. Therefore, a system<br />
for anti-money laundering and combating<br />
financing <strong>of</strong> terrorism provided for under<br />
the Law was fully implemented, which involves<br />
several competent authorities.<br />
As regards the international co-operation<br />
in 2005, 52 requests were sent to foreign<br />
financial intelligence units for providing information,<br />
and 44 requests were received asking<br />
for information about certain legal and<br />
natural persons.<br />
Relevant international institutions and<br />
individuals continually give positive marks<br />
for the work <strong>of</strong> the Administration, and in<br />
the course <strong>of</strong> this year, further mechanisms<br />
for prevention <strong>of</strong> money laundering and terrorism<br />
financing will be put in place.<br />
Implementation <strong>of</strong> the EU Directive III<br />
(which was adopted end last year) is ahead <strong>of</strong><br />
us. This implies new amendments to the Law,<br />
whereby new directives and recommendations<br />
will be adopted, while the operational<br />
level <strong>of</strong> the Administration will be increased.<br />
Implementation <strong>of</strong> innovations from the international<br />
practice in our work is going to<br />
be a permanent task in this year as well. Therefore,<br />
a special priority will be given to the<br />
international co-operation, together with cooperation<br />
and coordination with other competent<br />
state authorities <strong>of</strong> <strong>Montenegro</strong>.<br />
DIRECTOR, ADMINISTRATION FOR THE<br />
PREVENTION OF MONEY LAUNDERING<br />
Predrag Mitrović, M.A.<br />
Phone: 081- 210-025<br />
29
Anticorruption activities in <strong>Montenegro</strong><br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
National, regional and<br />
international<br />
anticorruption activities<br />
in <strong>Montenegro</strong><br />
"ALTHOUGH ITS IMPACTS ARE PERHAPS MORE VISIBLE TODAY IN A GLOBALIZING<br />
WORLD, CORRUPTION IS NOT A NEW PROBLEM. WE DO NOT EXPECT TO SOLVE IT TO-<br />
MORROW. I DO, HOWEVER, EXPECT THE INTERNATIONAL COMMUNITY TO RAISE TO<br />
THE CHALLENGE OF DEALING MORE EFFECTIVELY WITH THIS GLOBAL CHALLENGE,<br />
AND IN THIS I AM VERY MUCH AN OPTIMIST. "<br />
(ANTONIO MARIA COSTA, UNITED NATIONS UNDER-SECRETARY GENERAL)<br />
Veselin Šuković, M.A.<br />
Recognizing the significance <strong>of</strong> comprehensive<br />
and efficient fight against corruption,<br />
and the necessity <strong>of</strong> the combating<br />
against that criminal phenomenonwhose<br />
harmful consequences jeopardize legal,<br />
economic and institutional system <strong>of</strong><br />
one country, <strong>Montenegro</strong> has, as a full member<br />
along with other countries <strong>of</strong> the Region,<br />
in February 2000 signed an Agreement and<br />
Action Plan <strong>of</strong> the Stability Pact Anti-Corruption<br />
Initiative for the South-East Europe<br />
(SPAI), and thus unmistakably shown its political<br />
will and determination for taking anticorruption<br />
activities, on the national and<br />
regional level.<br />
In the past period, <strong>Montenegro</strong> has made<br />
significant progress in the realization <strong>of</strong><br />
total, and therefore the anti-corruption reforms,<br />
especially through the adoption <strong>of</strong> the<br />
national strategy, i.e. Fight Against Corruption<br />
and Organized Crime Program, implementation<br />
<strong>of</strong> international instruments and<br />
standards, creation <strong>of</strong> the reliable public administration,<br />
strengthening <strong>of</strong> the national<br />
legislation and rule <strong>of</strong> law, promotion <strong>of</strong> integrity<br />
and transparency in the economic<br />
business and cooperation with the Non-governmental<br />
sector. All these things were on<br />
several occasions positively rated by the Stability<br />
Pact and other relevant regional and<br />
international organizations and institutions.<br />
At the beginning <strong>of</strong> 2001, The Government<br />
<strong>of</strong> <strong>Montenegro</strong> was one <strong>of</strong> the first to<br />
form a special body- Agency for Anticorruption<br />
Initiative, which besides the innovating<br />
<strong>of</strong> applicable legislation performs preventive<br />
and advertising actions, and establishes cooperation<br />
with the regional and international<br />
organizations, which provide continuing<br />
support for implementation <strong>of</strong> programs<br />
and projects, and especially in the realization<br />
<strong>of</strong> the assumed international obligations<br />
from that field.<br />
<strong>Montenegro</strong>, through the membership<br />
<strong>of</strong> the State Union in the Council <strong>of</strong> Europe<br />
actively participates in work <strong>of</strong> the Group <strong>of</strong><br />
States Against Corruption (GRECO). On the<br />
occasion <strong>of</strong> the visit <strong>of</strong> the GRECO expert team<br />
in the 2005, for the purpose <strong>of</strong> the drafting<br />
<strong>of</strong> the report, applicable legal and anticorruption<br />
legislation was analyzed, and also<br />
the existing institutional capacities and mechanisms,<br />
and the level <strong>of</strong> the public awareness<br />
<strong>of</strong> the activities which are performed in<br />
that field. Bearing in mind the great impor-<br />
30
Anticorruption activities in <strong>Montenegro</strong><br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
tance <strong>of</strong> the recent opening <strong>of</strong> negotiations<br />
for signing <strong>of</strong> the Stabilization and Association<br />
Agreement, and the aspiration <strong>of</strong> the<br />
<strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong> to, as soon as possible,<br />
through the actual process <strong>of</strong> the European<br />
integration, become the respectable<br />
member <strong>of</strong> the European family, and the fact<br />
that the membership in the Council <strong>of</strong> Europe<br />
is in many ways considered to be the entrance-hall<br />
<strong>of</strong> the European Union the report<br />
<strong>of</strong> GRECO is indubitable because, beside the<br />
review <strong>of</strong> the condition in this area it will also<br />
contain the obligatory recommendations<br />
for our authorities and institutions.<br />
Within the global orientation <strong>of</strong> the Stability<br />
Pact for the transfer <strong>of</strong> control over its<br />
initiatives to the countries <strong>of</strong> the Region, Regional<br />
Anticorruption Secretariat was formed,<br />
in Sarajevo, in the October 2003, which<br />
represents the concrete indicator <strong>of</strong> the commitment<br />
<strong>of</strong> the countries <strong>of</strong> the Region to<br />
continue and intensify cooperation in the<br />
process <strong>of</strong> the more efficient fight against<br />
the corruption in the South-East Europe.<br />
<strong>Montenegro</strong>, through the candidacy <strong>of</strong> the<br />
Executive Secretary, for over a year has an active<br />
role in the control and coordination <strong>of</strong><br />
this Regional Secretariat.<br />
In the context <strong>of</strong> the anticorruption activities<br />
at the international level, it is necessary<br />
to point to the significance <strong>of</strong> the first global<br />
anticorruption instrument- United Nations<br />
Convention Against Corruption, ratified<br />
by the Assembly <strong>of</strong> the State Union <strong>of</strong><br />
Serbia and <strong>Montenegro</strong> in the October 2005.<br />
At the beginning <strong>of</strong> the December 2005,<br />
it was two years from the signing <strong>of</strong> the United<br />
Nations Convention Against Corruption,<br />
better known as Merida Convention - it got<br />
the name by the Mexico City, where the International<br />
Conference was held, and where<br />
high representatives <strong>of</strong> 111 countries all over<br />
the world, including the representatives <strong>of</strong><br />
the State Union Serbia and <strong>Montenegro</strong> have<br />
signed this first global anticorruption instrument<br />
on the 9. and 10. December 2003.<br />
The Assembly <strong>of</strong> the State Union Serbia<br />
and <strong>Montenegro</strong>, on its 40th session adopted<br />
the Law on Ratification <strong>of</strong> the United Nations<br />
Convention Against Corruption on 22.<br />
October 2005. After more than thirty ratifications<br />
<strong>of</strong> the signatory countries, and in<br />
terms with the paragraph 1, article 68 <strong>of</strong> the<br />
Convention, this international document entered<br />
into force on the14. December 2005.<br />
Convention is, when compared to other<br />
international-legal instruments relative to<br />
this criminal phenomenon, unique not only<br />
for its global approach to this problem, but<br />
also for very detailed and comprehensive<br />
provisions. That international document<br />
obliges the countries contract parties to conduct<br />
a wide range <strong>of</strong> anticorruption measures<br />
- establishment <strong>of</strong> special anticorruption<br />
bodies, strengthening <strong>of</strong> transparency <strong>of</strong> financing<br />
<strong>of</strong> political parties and election campaigns,<br />
adoption <strong>of</strong> ethic codes for public<br />
servants and <strong>of</strong>ficials, comprehensive definition<br />
<strong>of</strong> procedures for public procurement,<br />
introduction <strong>of</strong> responsibilities <strong>of</strong> legal persons<br />
for criminal acts connected to corruption,<br />
establishment <strong>of</strong> efficient witness protection,<br />
confiscation <strong>of</strong> property gained by<br />
corruptive actions, avoiding conflict <strong>of</strong> interest,<br />
prevention <strong>of</strong> money-laundering, application<br />
<strong>of</strong> the principle <strong>of</strong> free access to information,<br />
including the private sector and civil<br />
society in the fight against corruption.<br />
Having in mind the fact that all the member<br />
counties, i.e. Serbia and <strong>Montenegro</strong>, after<br />
the recent ratification <strong>of</strong> the Convention<br />
have exclusive jurisdiction for the implementation<br />
<strong>of</strong> that international document, <strong>Montenegro</strong><br />
has much earlier taken steps in that<br />
direction- through the establishment <strong>of</strong> specialized<br />
bodies in the field <strong>of</strong> anticorruption,<br />
<strong>of</strong> public procurement, <strong>of</strong> prevention <strong>of</strong> money-laundering<br />
and conflict <strong>of</strong> interest, through<br />
the comprehensive reform <strong>of</strong> legislation<br />
and implementation <strong>of</strong> new legal solutions<br />
and relevant international standards, and<br />
through the introduction and application <strong>of</strong><br />
special investigation actions (witness protection,<br />
measures <strong>of</strong> secret surveillance).<br />
In the forthcoming period, all authorities<br />
will intensify activities for the purpose <strong>of</strong><br />
more thorough harmonization <strong>of</strong> the domestic<br />
legislation with the binding provisions<br />
<strong>of</strong> the Convention, and in particular,<br />
implementation <strong>of</strong> the national Fight<br />
Against Corruption and Organized Crime<br />
Program. By establishment <strong>of</strong> the Inter-sector<br />
body for monitoring and by drafting <strong>of</strong><br />
Action Plan, as an integral part <strong>of</strong> the Program,<br />
optimal conditions are created for the<br />
realization <strong>of</strong> this, for <strong>Montenegro</strong> strategically<br />
significant document.<br />
For the purpose <strong>of</strong> efficient implementation<br />
<strong>of</strong> the United Nations Convention and<br />
Fight Against Corruption and Organized Crime<br />
Program, it is necessary to proceed with<br />
the further development <strong>of</strong> legal system,<br />
education and training <strong>of</strong> the representatives<br />
<strong>of</strong> authorities and institutions, which will, as<br />
in all previous activities be accomplished<br />
with the cooperation and with the support<br />
<strong>of</strong> the Council <strong>of</strong> Europe, OSCE, OECD,<br />
USAID, UNDP, United Nations Office on<br />
Drugs and Crime (UNODC) and other international<br />
organizations and institutions specialized<br />
in fight against corruption.<br />
DIRECTOR OF ANTICORRUPTION<br />
INITIATIVE ADMINISTARTION<br />
Veselin Šuković, M.A.<br />
Phone: 081-234-316<br />
31
Restitution<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
- Restitution -<br />
"FIRST PAYMENTS TO FORMER HOLDERS WERE PAID IN ACCORDANCE WITH THE<br />
LAW ON RESTITUTION OF EXPROPRIATED PROPERTY RIGHTS AND COMPENSATION"<br />
Đorđjina Lakić<br />
Management board <strong>of</strong> the Compensation<br />
Fund adopted the Financial<br />
Plan for the period 1.10- 31.12.<br />
2005, in the November 2005, and by that<br />
conditions were <strong>of</strong>ficially created for the<br />
Compensation Fund to start with the payments<br />
<strong>of</strong> the annuities for the compensation<br />
<strong>of</strong> former holders for the property rights expropriated<br />
in favour <strong>of</strong> national wide, national,<br />
public or common property.<br />
The Law on Restitution <strong>of</strong> Expropriated<br />
Property Rights and Compensation defines<br />
sources <strong>of</strong> revenue <strong>of</strong> the Compensation<br />
Fund. When their height was being set many<br />
facts were taken into consideration: completed<br />
privatisation <strong>of</strong> state property up to this<br />
moment, sold shares <strong>of</strong> state funds, planned<br />
budgetary assets for that purpose, revenues<br />
realised on the base <strong>of</strong> collection <strong>of</strong> the revalorised<br />
amounts paid by former holders, estimated<br />
value <strong>of</strong> bonds and other sources stipulated<br />
by the Law. Funds for the payment<br />
are earmarked according to decisions <strong>of</strong> the<br />
municipal commissions that have been applicable<br />
and executive up to the present. Financial<br />
plan determines dynamics and the amount<br />
<strong>of</strong> the annuity in accordance with the<br />
provisions <strong>of</strong> the Article 22 <strong>of</strong> the Law, according<br />
to which the former holder acquires the<br />
right to the compensation in cash, paid out<br />
from the Compensation Fund, proportionally<br />
to the amount <strong>of</strong> claims in comparison to<br />
the total claim from the Fund, 30 days after<br />
the deadline for submission <strong>of</strong> the claim, and<br />
after that every six months depending on the<br />
availability <strong>of</strong> assets in the Fund until their final<br />
payment. The funds were earmarked for<br />
the payment by municipalities.<br />
Namely, the Law on Restitution <strong>of</strong> Expropriated<br />
Rights and Compensation, passed<br />
in April 2004, stipulated the right <strong>of</strong> former<br />
holders to restitution for expropriated ownership<br />
rights and other property rights and<br />
the compensation for rights expropriated in<br />
favour <strong>of</strong> national wide, national, public or<br />
common property.<br />
In accordance with legal solutions, municipal<br />
commissions were formed for restitution<br />
and compensation, which in the first instance<br />
procedure decide upon claim for restitution<br />
or compensation, so that 20 commissions<br />
or commissions in all municipalities<br />
except in Žabljak are in charge <strong>of</strong> the procedure<br />
upon claims <strong>of</strong> former holders.<br />
Based on the Law the Government passed<br />
the Decision on establishment <strong>of</strong> the Compensation<br />
Fund as a legal person and which,<br />
within the scope <strong>of</strong> its activities, provides<br />
funds for the compensation for former holders<br />
and for the rights expropriated in favor<br />
<strong>of</strong> national wide, national, public or common<br />
property, and provides legal, economical and<br />
rational spending <strong>of</strong> assets earmarked for the<br />
compensation to former holders.<br />
A year and a half after the passing <strong>of</strong> the<br />
Law the first payments start, which is significantly<br />
shorter period when compared to<br />
the countries in the region which started the<br />
process <strong>of</strong> restitution years ago (Slovenia<br />
1992, Macedonia 1998 etc.).<br />
In the November 2005, Compensation<br />
Fund paid first six-month part payment to<br />
former holders, and on the base <strong>of</strong> four legally<br />
valid decisions <strong>of</strong> municipal commissions<br />
<strong>of</strong> Podgorica, Budva, Pljevlja and Cetinje. The<br />
total amount <strong>of</strong> the first six-month part payment<br />
paid to former holders is 20.861,46 eur.<br />
For most <strong>of</strong> commissions, the deadline<br />
for submission <strong>of</strong> claims is not yet over, so<br />
that there is no possibility for more precise<br />
evaluation <strong>of</strong> property whose restitution is<br />
claimed, and especially not for the amount<br />
<strong>of</strong> the restitution or compensation liability,<br />
which will depend on the grounds <strong>of</strong> submitted<br />
claims.<br />
DIRECTOR OF THE COMPENSATION FUND<br />
Đorđina Lakić<br />
Phone: 081-208-005<br />
32
Restitution - second<br />
- instance procedure<br />
Law on Restitution <strong>of</strong> Expropriated Property<br />
Rights and Compensation <strong>of</strong> Former<br />
Holders ("Official Gazette RoM", No.<br />
21/04), which entered into force on 8 April<br />
2004, governs conditions, manner and procedure<br />
<strong>of</strong> expropriation <strong>of</strong> right <strong>of</strong> ownership and<br />
other property rights and compensations <strong>of</strong><br />
former holders vis-a-vis rights expropriated in<br />
favour <strong>of</strong> national, state, social and cooperative<br />
property. Therefore, the country created necessary<br />
conditions for removal <strong>of</strong> the consequences,<br />
which resulted from adoption and implementation<br />
<strong>of</strong> the so-called revolutionary laws<br />
in the period after the end <strong>of</strong> the World War II.<br />
According to the Law, first-instance administrative<br />
procedure which decides on an applicant<br />
i.e. former holder's request for restitution<br />
or compensation is conducted by municipal<br />
commissions in charge <strong>of</strong> restitution<br />
and compensation established by local parliaments.<br />
Up to now such commissions have<br />
been established in 20 municipalities (except<br />
for the municipality <strong>of</strong> Zabljak).<br />
Parallel with passing necessary by-laws<br />
provided for under the Law, the <strong>Ministry</strong> <strong>of</strong><br />
<strong>Finance</strong> <strong>of</strong> the Government <strong>of</strong> <strong>Montenegro</strong>,<br />
as required under the Law, established a second-instance<br />
authority responsible for acting<br />
upon appeals against the decisions made<br />
by the first-instance local commissions.<br />
Up to now, concluding with 26 December<br />
2005, the <strong>Ministry</strong> <strong>of</strong> <strong>Finance</strong>, as a second-instance<br />
authority, processed 79 appeals total, as<br />
per the following municipalities: Podgorica 19,<br />
Ulcinj 14, Pljevlja 13, Budva 8, Tivat and Herceg<br />
Novi 7 each, Danilovgrad 5 and Bar and Cetinje<br />
3 each. Out <strong>of</strong> the above 79 appeals, decision<br />
was made on 70 <strong>of</strong> them, 52 <strong>of</strong> which were approved<br />
so the first-instance decision was annulled<br />
and in most cases, the first-instance authority<br />
was asked to renew the procedure.<br />
Implementation <strong>of</strong> the Law on Restitution<br />
<strong>of</strong> Expropriated Property Rights and<br />
Compensation <strong>of</strong> Former Holders definitely<br />
requests a further education, strong engagement<br />
and certain level <strong>of</strong> specialist training,<br />
which will indeed be partly achieved after a<br />
certain period <strong>of</strong> time and larger number <strong>of</strong><br />
the processed files and decisions made.<br />
Given the current trends and launched reforms<br />
in almost all fields <strong>of</strong> the social life,<br />
including the public administration system together<br />
with local government and significant<br />
efforts aimed at the staff training, it is necessary<br />
to establish an adequate model <strong>of</strong> a permanent<br />
communication between the <strong>Ministry</strong> <strong>of</strong><br />
<strong>Finance</strong> and local commissions, primarily with<br />
respect to the Law on Restitution <strong>of</strong> Expropriated<br />
Property Rights and Compensation <strong>of</strong> Former<br />
Holders, being a key material regulation<br />
and with regard to the General Administrative<br />
Procedure Act, which is a main procedural law.<br />
The <strong>Ministry</strong> <strong>of</strong> <strong>Finance</strong> will continue with<br />
the already established, positively marked and<br />
purpose-serving practice to provide explanations<br />
and instructions to the former holders as<br />
well as interpretations <strong>of</strong> certain provisions<br />
under both above laws, including other laws<br />
and regulations applicable in the work <strong>of</strong> the<br />
first-instance local commissions. We also invite<br />
both local commissions and former holders<br />
to send their opinions, proposals and suggestions<br />
to the <strong>Ministry</strong> concerning all issues under<br />
the competence <strong>of</strong> the local commissions<br />
and the second-instance authority so that the<br />
<strong>Ministry</strong> <strong>of</strong> <strong>Finance</strong> could provide adequate information<br />
to all interested persons with the<br />
aim to fulfill main purpose <strong>of</strong> the Law on Restitution<br />
<strong>of</strong> Expropriated Rights and Compensation<br />
<strong>of</strong> Former Holders that is a timely, efficient<br />
and legal exercising <strong>of</strong> rights <strong>of</strong> the applicants<br />
i.e. former holders.<br />
INDEPENDENT ADVISOR I<br />
Zoran Radulović<br />
Phone: 081-224-870<br />
e-mail: mf@mn.yu<br />
Zoran Radulovic<br />
Restitution - second instance<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
33
Co-operation with international financial institutions - IMF<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
Co-operation with international<br />
financial institutions<br />
- International Monetary Fund (IMF)<br />
INTRODUCTION<br />
Upon establishing <strong>of</strong> the State Union Serbia<br />
and <strong>Montenegro</strong> (by adoption <strong>of</strong> the<br />
Constitutional Charter on February 4, 2003),<br />
the new state became a legal successor <strong>of</strong> the<br />
FRY and internationally recognized entity.<br />
Governments <strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong><br />
and <strong>Republic</strong> <strong>of</strong> Serbia concluded in April<br />
2003 an Agreement on Representation <strong>of</strong> the<br />
State Union Serbia and <strong>Montenegro</strong> to the<br />
International Financial Institutions. According<br />
to the Agreement, the Central Bank <strong>of</strong><br />
<strong>Montenegro</strong> is a fiscal agent <strong>of</strong> the State<br />
Union <strong>of</strong> Serbia and <strong>Montenegro</strong> to the<br />
World Bank, while National Bank <strong>of</strong> Serbia is<br />
assigned the same task to the International<br />
Monetary Fund. Governor <strong>of</strong> the central monetary<br />
institution <strong>of</strong> the <strong>Republic</strong> <strong>of</strong> Serbia is<br />
nominated for the governor <strong>of</strong> Serbia and<br />
<strong>Montenegro</strong> in the IMF, while Minister <strong>of</strong> <strong>Finance</strong><br />
<strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong> is nominated<br />
for the governor <strong>of</strong> Serbia and <strong>Montenegro</strong><br />
in the World Bank. Serbian Minister<br />
<strong>of</strong> <strong>Finance</strong> and Economy is nominated for<br />
the governor <strong>of</strong> Serbia and <strong>Montenegro</strong> to<br />
the European Bank for Reconstruction and<br />
Development, while Montenegrin Deputy<br />
Prime Minister for Financial System and Public<br />
Spending is nominated as a representative<br />
<strong>of</strong> Serbia and <strong>Montenegro</strong> in the Council<br />
<strong>of</strong> Europe Development Bank. This Agreement<br />
also provides for that the Governments<br />
<strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong> and <strong>Republic</strong><br />
<strong>of</strong> Serbia shall support the equal membership<br />
<strong>of</strong> the central monetary institutions to the<br />
Bank for International Settlements.<br />
Coming back <strong>of</strong> Serbia and <strong>Montenegro</strong><br />
(SaM) to the international financial community,<br />
which started by renewal <strong>of</strong> the membership<br />
to the International Monetary Fund,<br />
World Bank, European Bank for Reconstruction<br />
and Development and other institutions,<br />
also continued in the course <strong>of</strong> 2002 and<br />
2003, by means <strong>of</strong> regulation <strong>of</strong> debt to the<br />
Paris Club creditors. Agreed minutes on consolidation<br />
<strong>of</strong> the FRY debt to the Paris Club<br />
creditors was signed in Paris on December 28,<br />
2001. Pursuant to this document, bilateral<br />
negotiations were launched with each Paris<br />
Club member state respectively, which resulted<br />
in signing <strong>of</strong> bilateral agreements with<br />
certain member states <strong>of</strong> the Paris Club.<br />
Negotiations with the London Club creditors<br />
have been launched in 2001, and are<br />
relating to the manner <strong>of</strong> regulation <strong>of</strong> the<br />
FRY liabilities according to the New Financial<br />
Agreement (NFA) and Trade and Deposit Facility<br />
Agreement (TDFA) from 1988. Debt to<br />
this category <strong>of</strong> creditors amounted about<br />
US$2,4 billions. Negotiations with the commercial<br />
banks-creditors are being conducted<br />
through the banks' Advisory Committee (previously<br />
International Co-ordination Committee<br />
- ICC), which is established for the purpose<br />
<strong>of</strong> the negotiations and is comprised <strong>of</strong> the<br />
largest banks-creditors.<br />
Several rounds <strong>of</strong> the negotiations were<br />
held in 2002 and 2003, during which the Yugoslav<br />
part tried to achieve as favourable conditions<br />
for the debt servicing as possible, i.e.<br />
rescheduling conditions that are compatible<br />
with the conditions agreed with the Paris<br />
Club creditors1, as regards a level <strong>of</strong> the debt<br />
write-<strong>of</strong>f (66% <strong>of</strong> the net present debt value),<br />
repayment period and level <strong>of</strong> interest rates<br />
to be charged on the remaining debt amount.<br />
However, such conditions were not acceptable<br />
for the London Club creditors. Offers that<br />
the London Club creditors made to the Yugoslav<br />
part were unacceptable not only because<br />
Jadranka Radunović<br />
<strong>of</strong> the fact that under the <strong>of</strong>fered conditions<br />
SaM would be unable to service its obligation,<br />
but also because the acceptance <strong>of</strong> such<br />
conditions would mean disruption <strong>of</strong> the<br />
agreement with the Paris Club creditors, under<br />
which the state assumed the obligation<br />
to reschedule its debt to other creditors under<br />
the similar conditions that were agreed<br />
with the Paris Club creditors.<br />
Negotiations with the London Club were<br />
intensified in the first half <strong>of</strong> 2004, which led<br />
to signing <strong>of</strong> the Framework Agreement with<br />
the London Club Creditors - Memorandum<br />
<strong>of</strong> Understanding on Debt Restructuring according<br />
to the NFA and TDFA between the<br />
<strong>Republic</strong> <strong>of</strong> Serbia and the International Coordination<br />
Committee, on July 7, 2004. The<br />
Memorandum was ratified in the National<br />
Assembly <strong>of</strong> the <strong>Republic</strong> <strong>of</strong> Serbia on July 24,<br />
2004, by promulgation <strong>of</strong> the Law on the Memorandum<br />
Ratification.<br />
The Agreement provides for a write-<strong>of</strong>f <strong>of</strong><br />
about 62% debt and conversion <strong>of</strong> debt into<br />
the bonds to be issued to the amount <strong>of</strong><br />
US$1.080 million. The debt is to be paid back<br />
within 20 years period <strong>of</strong> time with 5 years<br />
grace period and interest rate <strong>of</strong> 3,75% during<br />
the grace period and 6,75% until the end<br />
1 - Initially, the FRY delegation presented its request for write-<strong>of</strong>f <strong>of</strong> 70% <strong>of</strong> the present debt value with repayment period <strong>of</strong> 25 years and 7-8 years <strong>of</strong> grace period<br />
34
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BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
<strong>of</strong> the repayment period.<br />
As regards the public debt <strong>of</strong> <strong>Montenegro</strong>,<br />
it is noteworthy that immediately prior<br />
to regulating the relations between Serbia<br />
and the London Club creditors (end June),<br />
representatives <strong>of</strong> Serbia and <strong>Montenegro</strong><br />
signed a Proposal for Regulation <strong>of</strong> Mutual<br />
Rights and Liabilities <strong>of</strong> the <strong>Republic</strong> <strong>of</strong> Serbia<br />
and <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong> to the London<br />
Club Creditors. Under the Proposal,<br />
which was adopted by the Commission for<br />
Property, Serbia and <strong>Montenegro</strong> agreed that<br />
the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong> should be released<br />
from obligations stemming from the<br />
NFA, on the account <strong>of</strong> its debt buy-back in<br />
the course <strong>of</strong> 1992. The Proposal also provided<br />
for that the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong><br />
should be released from obligations stemming<br />
from the TDFA and API if it furnished<br />
the National Bank <strong>of</strong> Serbia with evidence on<br />
the debt that was bought-back.<br />
Co-operation <strong>of</strong> the Government <strong>of</strong> the<br />
<strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong> with international<br />
financial institutions has been increasingly<br />
intensified over the last couple <strong>of</strong> years.<br />
Grants and credit funds provided by the international<br />
financial institutions are mainly<br />
used for improving macro-economic environment,<br />
related legislation, implementation <strong>of</strong><br />
the institutional reforms etc, all <strong>of</strong> which is<br />
aimed at creation <strong>of</strong> an environment which<br />
would attract investors for the purpose <strong>of</strong><br />
economic growth and development.<br />
The Government <strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong><br />
has the most intensive co-operation<br />
with the following international financial institutions:<br />
International Monetary Fund<br />
(IMF), World Bank (International Financial<br />
Institution - IFC, International Bank for Reconstruction<br />
and Development - IBRD, International<br />
Development Association - IDA), European<br />
Bank for Reconstruction and Development<br />
- EBRD, European Investment Bank<br />
- EIB, Council <strong>of</strong> Europe Development Bank,<br />
Kreditanstalt für Wiederaufbau - KfW etc.<br />
"MONTENEGRO AND IMF CO-OPERA-<br />
TION<br />
International Monetary Fund (IMF) was<br />
established in the Bretton Woods Conference<br />
held in 1944 in New Hampshire (USA), when<br />
the governments <strong>of</strong> 44 countries agreed to<br />
establish the Fund. The IMF started its work<br />
in December 1945, with 29 member states. In<br />
the years to come, the number <strong>of</strong> the IMF<br />
member states continually increased, reaching<br />
the number <strong>of</strong> 184 member states in<br />
2005.<br />
International Monetary Fund represents<br />
a central institution <strong>of</strong> the international monetary<br />
system. It was established with the<br />
aim to improve international financial cooperation,<br />
speed up national economic<br />
growth, develop international trade, increase<br />
employment and provide financial assistance<br />
International Monetary Fund<br />
to the countries for the purpose <strong>of</strong> improving<br />
balance <strong>of</strong> payments. The Fund also plays important<br />
role in providing technical assistance<br />
and economic advises to the governments<br />
and central banks <strong>of</strong> its member states.<br />
Ex Socialist Federal <strong>Republic</strong> <strong>of</strong> Yugoslavia<br />
(SFRY) was one <strong>of</strong> the participating countries<br />
in the Bretton Woods Conference (1944)<br />
and one <strong>of</strong> the founders <strong>of</strong> the International<br />
Monetary Fund and the World Bank.<br />
With break-up <strong>of</strong> the ex- SFRY, its membership<br />
to the IMF ceased to exist. Socialist<br />
<strong>Republic</strong> <strong>of</strong> Yugoslavia (SRY) renewed its<br />
membership to the IMF upon meeting the<br />
conditions under which states successors<br />
may succeed the SFRY membership to the<br />
IMF. Pursuant to defined conditions, 36,52%<br />
<strong>of</strong> the SFRY assets and liabilities to the IMF<br />
went to SR Yugoslavia.<br />
On December 20, 2000 the IMF Board <strong>of</strong><br />
Directors made a decision with retroactive effect<br />
as <strong>of</strong> December 14, 1992 that SR Yugoslavia<br />
met conditions for a membership to this<br />
institution. The same day, the Board approved<br />
SR Yugoslavia 116,9 million SDR in the<br />
framework <strong>of</strong> "urgent post-conflict assistance",<br />
as a support to the program <strong>of</strong> economic<br />
stabilization and institutional and administrative<br />
rehabilitation. It was from these funds<br />
that SR Yugoslavia paid back the bridging<br />
loan amounting 101,1 million SDR, which<br />
were approved by Switzerland and Norway<br />
for settlement <strong>of</strong> the financial liabilities to<br />
the IMF.<br />
In mid 2001, the IMF approved the SRY a<br />
Stand-by loan as a support for the Federal<br />
Government economic agenda. Funds provided<br />
for under the said agreement with the<br />
IMF were used for provision <strong>of</strong> foreign exchange<br />
reserves and improvement <strong>of</strong> the balance<br />
<strong>of</strong> payments. Given that <strong>Montenegro</strong><br />
<strong>of</strong>ficially has no currency <strong>of</strong> its own but uses<br />
Euro instead, it is not a beneficiary <strong>of</strong> the<br />
funds approved under the Stand-by Agreement.<br />
Results <strong>of</strong> the implementation <strong>of</strong> the<br />
Stand-by Agreement program were assessed<br />
according to the agreed quantitative performance<br />
criteria such as: net foreign exchange<br />
reserves <strong>of</strong> the National Bank <strong>of</strong> Yugoslavia,<br />
net domestic assets, consolidated public administration<br />
debt with the banking sector,<br />
concluding new non-concession foreign<br />
loans by public sector, assumption <strong>of</strong> the economic<br />
sector debt to the banks by public sector<br />
and prevention <strong>of</strong> accumulation <strong>of</strong> new<br />
delays by virtue <strong>of</strong> foreign debt servicing; results<br />
were also assessed according to structural<br />
measures in the fiscal, financial and private<br />
sector.<br />
In May 2002, the IMF Board <strong>of</strong> Directors<br />
approved a three-year financial agreement socalled<br />
the Extended Fund Facility for the State<br />
Union Serbia and <strong>Montenegro</strong> as a support<br />
for the economic stabilization and reform<br />
agenda for the period 2002-2005.<br />
Conclusion <strong>of</strong> this financial agreement<br />
with the Fund enabled implementation <strong>of</strong><br />
the first phase <strong>of</strong> reduction <strong>of</strong> the SR Yugoslavia<br />
debt to the Paris Club creditors to the<br />
amount <strong>of</strong> 51% <strong>of</strong> the debt.<br />
The IMF representatives conducted six semiannual<br />
revisions <strong>of</strong> the three-year agreement<br />
in order to verify whether the conditions<br />
were met. On the basis <strong>of</strong> the five revisions<br />
done, 11 tranches were drawn. The sixth<br />
and last revision was conducted in December<br />
2005 and the report on the revision results<br />
will be adopted by the IMF Executive Board<br />
in January 2006. If the report is marked positively,<br />
remaining funds under the Extended<br />
Fund Facility should be drawn and debt to<br />
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BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
the Paris Club creditors should be additionally<br />
written-<strong>of</strong>f to the amount <strong>of</strong> 15% <strong>of</strong> the total<br />
debt (which makes it about 26 mil eur for<br />
<strong>Montenegro</strong>).<br />
It is very important for <strong>Montenegro</strong> to<br />
maintain co-operation with the IMF, which is<br />
mainly done through its abiding by the conditions<br />
provided for under the agreement<br />
with the IMF. According to the said agreement,<br />
<strong>Montenegro</strong> is to: reduce budget expenditures,<br />
reduce budget deficit, downsize<br />
the number <strong>of</strong> employees in the public sector<br />
and cut budget payroll, implement privatization<br />
<strong>of</strong> the companies where the state has its<br />
shares with maximum level <strong>of</strong> transparency<br />
and accountability, reform the banking sector,<br />
stimulate the legislation framework <strong>of</strong><br />
the financial sector, change the level <strong>of</strong> VAT<br />
for certain goods and services, maintain low<br />
inflation rate, reduce foreign debt, pay outstanding<br />
liabilities to pensioners and social<br />
welfare users, amend the Law on Budget,<br />
adopt the <strong>Republic</strong> Budget for 2006, determine<br />
the limit <strong>of</strong> borrowing by virtue <strong>of</strong> credits<br />
from the international financial institutions<br />
etc.<br />
<strong>Montenegro</strong> achieved significant results<br />
as regards fulfilling the above obligations.<br />
Certain number <strong>of</strong> state-owned companies<br />
(KAP, Telecom etc.) was privatized, while privatization<br />
<strong>of</strong> other companies is announced<br />
for 2006. Reform <strong>of</strong> the banking sector is also<br />
underway, with completed privatization <strong>of</strong><br />
<strong>Montenegro</strong> Banka and Podgorička Banka,<br />
while Pljevaljska Banka and Nikšićka Banka<br />
are to be privatized, upon which the banking<br />
sector would be fully privatized in the first<br />
half <strong>of</strong> 2006.<br />
Over the past years, significant progress<br />
was also made in other fields identified under<br />
this agreement, primarily in the field <strong>of</strong><br />
macroeconomic stability. In 2003, GDP was<br />
1.433 mil eur and in 2004 it was 1.535 mil<br />
eur, which makes nominal growth <strong>of</strong> 7,1%,<br />
while real growth rate was 3.7%. Projected<br />
GDP amount for 2005 is 1.644 mil eur,<br />
which means a planned real growth rate. At<br />
the same time, GDP per capita is continually<br />
growing. In 2003, GDP per capita was 2.473<br />
eur, and according to the projections under<br />
the Economic Reforms Agenda for 2005, it is<br />
Table 1. Outline <strong>of</strong> non-concession loans signed in 2005<br />
planned to be at the amount <strong>of</strong> 2.638 eur.<br />
There was a noticeable progress in the fiscal<br />
policy in 2005. Level <strong>of</strong> the public debt <strong>of</strong><br />
the <strong>Republic</strong> as <strong>of</strong> November 30, 2005 amounted<br />
658,08 mil eur or 40,3% <strong>of</strong> GDP, out <strong>of</strong><br />
which 508,08 mil eur or 30,91% <strong>of</strong> GDP was<br />
foreign debt and 150,00 mil eur or 9,12 % <strong>of</strong><br />
GDP was domestic debt. The largest part <strong>of</strong><br />
the foreign debt (82%) is related to the succeeded<br />
debt <strong>of</strong> the SFRY and SRY to the IBRD<br />
and the Paris Club creditors, while the major<br />
part <strong>of</strong> the domestic debt (78,66%) is related<br />
to old foreign currency savings. Public spending<br />
deficit in 2005 will amount 2,62% <strong>of</strong><br />
GDP, while the <strong>Republic</strong> budget deficit will be<br />
at the level <strong>of</strong> projected <strong>of</strong> 2,17% <strong>of</strong> GDP,<br />
which is within the limits <strong>of</strong> the allowed budget<br />
deficit applicable for the Euro zone. Foreign<br />
direct investment is also increasing,<br />
which provides a basis for future growth. Foreign<br />
trade field is marked by increased turnover,<br />
together with foreign trade deficit,<br />
which is decreasing. Inflation rate was 1,7%<br />
during eleven months <strong>of</strong> 2005, while in 2002<br />
it was 9%.<br />
In 2005, <strong>Republic</strong> borrowing limit was<br />
obeyed, on the basis <strong>of</strong> non-concession credits,<br />
which was determined to the amount <strong>of</strong><br />
US$32 mil or 26,5 mil eur by the IMF, as given<br />
in the following Table:<br />
In mil. eur<br />
LOAN DATE OF AMOUNT<br />
SIGNING<br />
1 EBRD loan for reconstruction <strong>of</strong> regional roads 15.07.2005. 11.50<br />
2 EBRD loan for modernization <strong>of</strong> the flight control 27.02.2005. 2.68<br />
3 EIB loan for modernization <strong>of</strong> the flight control 10.06.2005. 2.72<br />
4 EIB loan for rehabilitation <strong>of</strong> roads and bridges 12.12.2005. 9.00<br />
TOTAL: 25.90<br />
Source: <strong>Ministarstvo</strong> <strong>finansija</strong><br />
<strong>Montenegro</strong> will carry on with the launched<br />
reforms in the forthcoming period in<br />
order to improve its economic position, according<br />
to the agreement with the IMF. Although<br />
it is not a beneficiary <strong>of</strong> the approved<br />
funds, keeping in line with the agreement is<br />
<strong>of</strong> particular importance for <strong>Montenegro</strong>,<br />
because it represents a verification <strong>of</strong> stability,<br />
sustainability and improvement <strong>of</strong> the<br />
credit rating. Existence <strong>of</strong> this agreement is a<br />
prerequisite for further reduction <strong>of</strong> the<br />
Montenegrin debt to the Paris Club creditors.<br />
Negative effects <strong>of</strong> a possible breach <strong>of</strong> the<br />
agreement with the IMF because <strong>of</strong> default in<br />
obligations by any State Union member state<br />
would result in suspension <strong>of</strong> relations with<br />
the World Bank, which would have harmful<br />
effects on financial co-operation with other<br />
international financial institutions, including<br />
governments <strong>of</strong> other countries and economic<br />
entities.<br />
The IMF Revisions confirmed that the<br />
<strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong> met the necessary<br />
conditions and adjusted its policy with the<br />
signed stand-by agreement, thus meeting the<br />
conditions for its successful completion. Negotiations<br />
about a new agreement with the<br />
IMF and definition <strong>of</strong> mutual relations will<br />
be a challenging task in 2006, in the light <strong>of</strong> a<br />
new institutional arrangement <strong>of</strong> <strong>Montenegro</strong><br />
after the referendum.<br />
Dragan Darmanovic, Jadranka Radunovic i Natasa Kovacevic<br />
SECTOR FOR ECONOMY, FINANCE,<br />
INTERNATIONAL CO-OPERATION<br />
AND GAMES OF CHANCE SYSTEM<br />
DEPARTMENT FOR INTERNATIONAL<br />
CO-OPERATION<br />
AND EU INTEGRATION<br />
Jadranka Radunović<br />
Nataša Kovačević<br />
Dragan Darmanović<br />
Tel: 081-225-913<br />
E-mail: mf@mn.yu<br />
36
Capital market <strong>of</strong> <strong>Montenegro</strong><br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
Capital market <strong>of</strong> <strong>Montenegro</strong><br />
- further institutional development<br />
In <strong>Montenegro</strong> during past several years,<br />
and especially during the 2005, there has<br />
been an expansion <strong>of</strong> the turnover at the<br />
capital market. The total turnover for the<br />
previous year was around 4% GDP, which represents<br />
very high percentage and shows<br />
that Montenegrin capital market becomes<br />
more and more attractive for foreign investments.<br />
The total capitalization at the end <strong>of</strong><br />
2005 was around 1.3 billions eur, which indicates<br />
the significant potential for further development<br />
<strong>of</strong> the capital market.<br />
The rising number <strong>of</strong> subjects which participate<br />
in the transactions at the capital<br />
market, out <strong>of</strong> which large number are minority<br />
shareholders, called for the enacting<br />
<strong>of</strong> the Law on Taking-over <strong>of</strong> Joint-stock<br />
Companies, so that their interests could be<br />
protected. The level <strong>of</strong> development <strong>of</strong> the<br />
market was the basic motive for the passing<br />
<strong>of</strong> the Draft Law Amending and Supplementing<br />
Law on Securities. Those two laws were<br />
also prepared because <strong>of</strong> the obligation that<br />
regulations in the capital market should be<br />
precisely harmonized with the EU regulations<br />
in the process <strong>of</strong> European integration.<br />
"The Law on Taking-over <strong>of</strong> Joint<br />
Predrag Stamatović<br />
Stock Companies" clearly defines terms<br />
and procedures which impose to the investors<br />
that exceed the stipulated limit (substantial<br />
shareholder with 40% <strong>of</strong> the stocks)<br />
the obligation <strong>of</strong> mandatory tender for takeover.<br />
This way minority shareholders are protected<br />
and if they do not want to be the share-owners<br />
anymore they can sell them at any<br />
price which is, as a rule, significantly higher<br />
than the price they would get in the case<br />
when there is no take-over. Supervision over<br />
the implementation <strong>of</strong> the take-over process<br />
is clearly defined and entrusted to the Securities<br />
Commission.<br />
"Draft Law Amending and Supplementing<br />
Law on Securities" is mostly made<br />
because <strong>of</strong> the fact that in the period from<br />
passing <strong>of</strong> the Basic Law (2001) numerous<br />
directives <strong>of</strong> EU were adopted which comprehensively<br />
regulate these matters.<br />
Beside the equity securities, which were<br />
the dominant part <strong>of</strong> the turnover at the capital<br />
market in <strong>Montenegro</strong>, this Law also<br />
defines debt securities and stipulates the<br />
procedure <strong>of</strong> their issuance and trading.<br />
Two new important things are the introduction<br />
<strong>of</strong> the closed bid <strong>of</strong> securities and <strong>of</strong>fering<br />
to previously known acquirers.<br />
When we talk about the closed bid <strong>of</strong> securities,<br />
trade <strong>of</strong> stocks which are the object<br />
<strong>of</strong> such bid will not be performed on the<br />
stock exchange. Having in mind that it is partial<br />
abandonment <strong>of</strong> the principal which was<br />
the foundation for the Basic law, this law<br />
clearly defines the cases in which dealing in<br />
shares outside the stock exchange is allowed<br />
and those are:<br />
- all transactions in the primary trade<br />
during the new issue <strong>of</strong> shares<br />
- on the occasion <strong>of</strong> the trade between<br />
existing shareholders on the base <strong>of</strong> preemption<br />
right<br />
- on the occasion <strong>of</strong> the simultaneous<br />
founding <strong>of</strong> the joint stock company<br />
- when the buyers are pr<strong>of</strong>essional investors<br />
- when the buyers are at most 30 previously<br />
determined persons, obliged to buy the<br />
whole issue<br />
- when the issue is issued in the amount<br />
not higher than 40.000,00eur.<br />
Contrary to the past solution, which prohibited<br />
the division <strong>of</strong> dividend to the shareholders<br />
<strong>of</strong> the stock exchange, this Law erases<br />
this prohibition.<br />
When we talk about the institutions <strong>of</strong><br />
the capital market this law for the first introduces<br />
the possibility <strong>of</strong> establishment <strong>of</strong> custodians<br />
in <strong>Montenegro</strong>- specialised financial<br />
institutions which keep securities for third<br />
persons. These institutions can do business<br />
as sub-custodians, and Central Depositary<br />
Agency will be performing the role <strong>of</strong> the<br />
central custodian. This kind <strong>of</strong> solution is<br />
right if we have in mind the size <strong>of</strong> the market,<br />
and is also confirmed by comparable experiences.<br />
Experience <strong>of</strong> <strong>Montenegro</strong> in this sphere<br />
shows how significant role <strong>of</strong> the capital<br />
market in the total process <strong>of</strong> reforms is, and<br />
also that it is a "living" process which should<br />
be permanently monitored and institutionally-legally<br />
upgraded.<br />
ADVISOR TO THE MINISTER<br />
Predrag Stamatović<br />
Phone: 081-224-581<br />
E-mail: mf@mn.yu<br />
37
Insurance department in <strong>Montenegro</strong><br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
Insurance department in <strong>Montenegro</strong><br />
Table 1: state <strong>of</strong> capital and safety reserves, 2002-2004, in thousands <strong>of</strong> eur<br />
Insurance company 2002. 2003. 2004.<br />
1. "Lovćen" 11.562 14.349 14.682<br />
2. "<strong>Montenegro</strong>" 2.840 3.474 4.107<br />
3. "Swiss" 1.478 1.936 1.965<br />
4. "Zepter" - 256 132<br />
5. "Grawe" - 923 940<br />
5. "Lovćen-Re" 1.212 2.102 2.674<br />
Table 2: realised gross premium, 2002- 2004, in thousands <strong>of</strong> eur<br />
Društvo za osiguranje 2002. 2003. 2004.<br />
1. "Lovćen" 18.460 20.307 20.075<br />
2. "<strong>Montenegro</strong>" 3.815 4.492 4.9o9<br />
3. "Swiss" 608 792 1.062<br />
4. "Zepter" - 9 42<br />
5. "Grawe osig." - - 29<br />
Total : 22.883 25.6oo 26.117<br />
Table 3: realised gross premium per type <strong>of</strong> insurance, 2002- 2004, in<br />
thousands <strong>of</strong> eur<br />
Type <strong>of</strong> insurance 2002. 2003. 2004.<br />
Obligatory insurance 9.512 12.216 13.347<br />
Property insurance 9.818 8.923 6.929<br />
Accident insurance 3.535 4.370 5.397<br />
Life insurance - 91 444<br />
Milanka Obradović<br />
Biljana Doderović<br />
In the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong> is still into force the Law on Insurance<br />
<strong>of</strong> Property and Persons in the FRY from 1996, (Official gazette <strong>of</strong><br />
the FRY no. 30/96) and the Decree on Insurance <strong>of</strong> Property and Persons<br />
(Official gazette <strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong> 42/00), passed by<br />
the Government <strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong> for the purpose <strong>of</strong> protection<br />
<strong>of</strong> economic interests <strong>of</strong> the <strong>Republic</strong>. With this Decree the measures<br />
<strong>of</strong> control <strong>of</strong> the insurance are taken from federal authorities and<br />
transferred to the <strong>Ministry</strong> <strong>of</strong> <strong>Finance</strong> <strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong>,<br />
and it is stipulated that only insurance organizations, registered as a legal<br />
person in <strong>Montenegro</strong> can operate in <strong>Montenegro</strong>. That way, the insurance<br />
market in <strong>Montenegro</strong> was considerably organized.<br />
When the Decree entered into force 2000, only three insurance<br />
companies and one reinsurance company continued to do business. In<br />
the year 2003, "Zepter insurance" a.d. Podgorica got operating permit<br />
from the <strong>Ministry</strong> <strong>of</strong> <strong>Finance</strong>, and "Grave insurance" a.d. Podgorica in<br />
2004. So, at the end <strong>of</strong> 2005, in <strong>Montenegro</strong> operated following insurance<br />
organizations: "Lovćen" a.d.Podgorica, "<strong>Montenegro</strong>" a.d.Podgorica;<br />
"Swiss" a.d. Podgorica; "Zepter insurance" a.d. Podgorica and joint<br />
stock company for reinsurance "Lovćen-re" Podgorica.<br />
"Lovćen" and "<strong>Montenegro</strong>" insurance have operating permit for<br />
operations with property insurance and accidents, obligatory insurance<br />
and life insurance; "Zepter" insurance is only registered for life insurances<br />
and "Grawe" insurance for operations with property insurances<br />
and accidents and life insurances.<br />
In the total capital <strong>of</strong> insurance companies there is a significant<br />
share <strong>of</strong> foreign capital, and that is: in "Lovćen osiguranje" 49,53%; in<br />
"Grawe insurance" 100% and in "Zepter insurance" 100% (from Serbia).<br />
Following tables show the state <strong>of</strong> capital and safety reserves, realised<br />
gross premium and realised gross premium per type <strong>of</strong> insurance<br />
for the period 2002- 2004<br />
As can be seen from the stated data total gross premium has slight<br />
growth tendency. Typical for the market <strong>of</strong> <strong>Montenegro</strong> is a small percentage<br />
<strong>of</strong> realised life insurances, and that is the result <strong>of</strong> many factors-<br />
although one <strong>of</strong> the main reasons is rather low living standard. It<br />
is the same with the voluntary pension and health insurances, which<br />
are not performed by any insurance company in the <strong>Republic</strong>. One could<br />
expect this situation to be improved in the following period, having<br />
in mind new legal solutions and more and more dynamic reforms in<br />
the sphere <strong>of</strong> pension and health system, and the total economic development<br />
<strong>of</strong> <strong>Montenegro</strong>.<br />
As for the paid compensations for damages, on the base <strong>of</strong> data and<br />
performed controls, it can be stated that during the past three years<br />
there were no "excess" behaviours <strong>of</strong> risk, realised competent technical<br />
premiums and competent damages i.e. damages were paid out in the<br />
optimal amount <strong>of</strong> around 70% <strong>of</strong> the technical premium.<br />
The New Insurance Law, which is in the Parliament procedure and<br />
whose adoption is expected to be at the beginning <strong>of</strong> 2006, should<br />
bring new and long expected impulse to the development <strong>of</strong> the insurance<br />
department in <strong>Montenegro</strong>. Draft Law is mostly harmonized<br />
with the standards which exist in the developed market economies,<br />
first <strong>of</strong> all with the international standards for supervision in the insurance<br />
and with the Directives <strong>of</strong> the European Union in that area. The<br />
matter, which is <strong>of</strong> great influence to creation and maintenance <strong>of</strong><br />
healthy insurance department, is the establishment <strong>of</strong> appropriate regulatory<br />
and monitoring body. The Law stipulates that those jobs should<br />
be done by the Agency for control <strong>of</strong> insurance with the status <strong>of</strong> legal<br />
person, which is independent and is founded by the Government <strong>of</strong><br />
the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong>.<br />
The Law stipulates the types <strong>of</strong> insurance, the possibility <strong>of</strong> providing<br />
services in the voluntary pension and health insurance. The lowest<br />
capital was stipulated and it amounts for life insurances 800.000eur<br />
and for other insurances from 500.000 to 2.250.000eur and for reinsurance<br />
business 2.000.000eur.<br />
Obligatory insurances in traffic are regulated by special law, which<br />
is also in the procedure and should be adopted at the beginning <strong>of</strong> the<br />
2006. With adoption <strong>of</strong> these two legal provisions legislation in the insurance<br />
department would be completed, which would make the total<br />
financial system to be more stable- and to have stronger base for faster<br />
growth and development.<br />
SERVICE FOR INSURANCE CONTROL<br />
Milanka Obradović, Biljana Doderović<br />
Phone: 224-248<br />
E-mail: mf@mn.yu<br />
38
Public procurement in <strong>Montenegro</strong><br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
PUBLIC PROCUREMENT IN MONTENEGRO<br />
- Accomplishments and challenges -<br />
"Harmonization <strong>of</strong> methods in the<br />
field <strong>of</strong> public procurement is not only<br />
one <strong>of</strong> important conditions for the European<br />
Union accession process, but also a<br />
condition for creation <strong>of</strong> suitable environment<br />
for free market competition, and at<br />
the same time unfavourable environment<br />
for corruption and organized crime"<br />
Public procurement and its legalistic determinants,<br />
and consistent implementation<br />
<strong>of</strong> legislative regulations in the area <strong>of</strong> public<br />
procurement, are one <strong>of</strong> the most important<br />
barriers to the corruption, organized crime<br />
and inappropriate spending <strong>of</strong> budgetary<br />
funds. If we have in mind the amount <strong>of</strong> resources<br />
which the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong><br />
earmarks annually for needs <strong>of</strong> public procurement,<br />
it is clear that the game rules in the<br />
field <strong>of</strong> public procurement must have high<br />
level <strong>of</strong> quality, which can be achieved first <strong>of</strong><br />
all by equal treatment <strong>of</strong> all participants in<br />
the procedure <strong>of</strong> public procurement, which<br />
appear as bidders before the state, and which<br />
affects in a stimulating manner to the reduction<br />
<strong>of</strong> a allocated for public procurement.<br />
In that context, the Law on Public Procurement<br />
is an act <strong>of</strong> law, which enables functionality<br />
and transparency in public procurement<br />
methods and finally, a n act <strong>of</strong> law<br />
which represents for <strong>Montenegro</strong> a big step<br />
towards the harmonization <strong>of</strong> legislations<br />
with European legislations, which is important<br />
movement towards the final, long and<br />
difficult road <strong>of</strong> approximation <strong>of</strong> domestic<br />
with the legislations <strong>of</strong> the European Union.<br />
Harmonization <strong>of</strong> national systems <strong>of</strong><br />
public procurement is one <strong>of</strong> the most important<br />
instruments for existence <strong>of</strong> internal<br />
market and removal <strong>of</strong> obstacles for free trade<br />
within the European Union. Open, undiscriminating<br />
and transparent methods also<br />
support positive competitiveness among the<br />
firms that operate at the public procurement<br />
market. Only economic societies which compete<br />
to foreign companies are able to be fully<br />
and efficiently successfully present at the<br />
foreign market, and to resist to the competition<br />
<strong>of</strong> foreign companies in <strong>Montenegro</strong>.<br />
Precisely because <strong>of</strong> that, legislative regulations<br />
<strong>of</strong> public procurement, demand continuing<br />
promotion and dynamic approach,<br />
which always has to be one step in front <strong>of</strong><br />
the sophisticated forms <strong>of</strong> corruption and<br />
organized crime.<br />
In spite <strong>of</strong> certain progress in the field <strong>of</strong><br />
public procurement regulations in our country,<br />
there are some imperfections which could<br />
result in practice with getting around the<br />
legal norms and their misinterpretation, and<br />
inconsistency <strong>of</strong> implementation.<br />
For the purpose <strong>of</strong> removal <strong>of</strong> imperfections,<br />
it is necessary first <strong>of</strong> all to:<br />
• Harmonize regulations in the field <strong>of</strong><br />
public procurement with the directives <strong>of</strong> EU;<br />
• Define important institutes in the<br />
field <strong>of</strong> public procurement;<br />
• Specify competence <strong>of</strong> authorities in<br />
the public procurement process;<br />
• Establish precise criteria for selection<br />
<strong>of</strong> bidders, define method and procedure for<br />
award <strong>of</strong> contracts for all types <strong>of</strong> public procurement;<br />
• Form unique data base on public procurement;<br />
• Define penalty clauses for criminal<br />
acts for participants <strong>of</strong> public procurement<br />
(ordering parties and bidders);<br />
• To educate ordering parties and bidders.<br />
After several years <strong>of</strong> implementation, in<br />
spite <strong>of</strong> shown weaknesses <strong>of</strong> the system, we<br />
come to unavoidable conclusion that the legal<br />
regulations in the field <strong>of</strong> public procurement<br />
are progressive and lately significantly<br />
improved. Self-consciousness that the modern<br />
legal system must strive to finding new<br />
legal solutions for more and more complex<br />
deviations which can appear, and for obstacles<br />
in carrying out <strong>of</strong> public functions, for<br />
illegal realization <strong>of</strong> own interests, is the additional<br />
motive for improvement <strong>of</strong> legal regulations<br />
in the field <strong>of</strong> public procurement.<br />
For the overcoming <strong>of</strong> the problem and<br />
removal <strong>of</strong> flaws <strong>of</strong> the existing public procurement<br />
system in the <strong>Republic</strong>, it is necessary<br />
to start the process <strong>of</strong> improvement <strong>of</strong> public<br />
procurement in <strong>Montenegro</strong> by defining<br />
activities <strong>of</strong> high-priority, introduction <strong>of</strong><br />
new and improvement <strong>of</strong> existing institutes,<br />
which will enable realization <strong>of</strong> strategy and<br />
goals set by enacting the new Law.<br />
Vision <strong>of</strong> public procurement policy is<br />
the reform <strong>of</strong> public procurement system,<br />
through the improvement <strong>of</strong> the system- respecting<br />
the principle <strong>of</strong> transparency, competition<br />
and equal rights <strong>of</strong> bidders, and in<br />
accordance with demands and expectations<br />
<strong>of</strong> all subjects- persons under obligation <strong>of</strong><br />
the Law, with establishing <strong>of</strong> overall, functional<br />
and coherent system based on principles,<br />
which are non-discriminatory and based on<br />
respect <strong>of</strong> proposed legal solutions.<br />
Reform <strong>of</strong> public procurement system<br />
has two basic objectives:<br />
1) Simplification <strong>of</strong> the procedure and<br />
clarification <strong>of</strong> rules<br />
2) Modernization <strong>of</strong> rules, where the<br />
priority would have economically best choice,<br />
when compared to the bidder who <strong>of</strong>fered<br />
the lowest price.<br />
Katarina Radović<br />
SIMPLIFICATION OF PROCEDURES,<br />
CLARIFICATION OF RULES AND<br />
HARMONIZATION WITH EUROPEAN LAW<br />
New Public Procurement Law is harmonized<br />
with EU Directives, international practice<br />
and legislative solutions in the region,<br />
which will significantly affect realization <strong>of</strong><br />
one <strong>of</strong> the basic principles <strong>of</strong> acquis communautaire<br />
- free movement <strong>of</strong> goods, services<br />
39
Public procurement in <strong>Montenegro</strong><br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
and capital, by establishment <strong>of</strong> conditions<br />
for fair market competition and best value <strong>of</strong><br />
money.<br />
Areas which were problematical in application<br />
and which were differently interpreted<br />
are more precisely processed: public procurement<br />
methods, procedure <strong>of</strong> protection<br />
<strong>of</strong> rights etc. Furthermore, complaint procedure<br />
was regulated in details, the number <strong>of</strong><br />
persons with valid legitimation was stipulated,<br />
course <strong>of</strong> the procedure at the first instance<br />
organ and at the State commission,<br />
period for submission <strong>of</strong> objections and<br />
complaints, the way <strong>of</strong> decision making and<br />
types <strong>of</strong> decisions. Decision <strong>of</strong> the State commission<br />
is legally valid, the right <strong>of</strong> initiation<br />
<strong>of</strong> administrative suit is excluded because the<br />
administrative suit lasts long, and prolongs<br />
the progression <strong>of</strong> the public procurement<br />
procedure, which is by its nature urgent. Persons,<br />
who are actively legitimated in the<br />
complaint procedure in accordance with the<br />
provisions <strong>of</strong> the Public Procurement Law,<br />
can realize their right for compensation for<br />
damage in regular courts in the civil procedure.<br />
Similar practice is introduced in the legislation<br />
in the field <strong>of</strong> public procurement<br />
in the countries in the region.<br />
MODERNIZATION<br />
The objective <strong>of</strong> the reform is approximation<br />
to the EU Directives, the best international<br />
practice and opening for new information<br />
technologies. Speed <strong>of</strong> introduction <strong>of</strong><br />
new legal norms allows that practices <strong>of</strong> public<br />
procurement gain new possibilities from<br />
information technologies. That means that<br />
entrance into transactions electronically and<br />
in some cases realization <strong>of</strong> the whole procedure<br />
<strong>of</strong> public bidding.<br />
Modernization is also reflected in the establishment<br />
<strong>of</strong> special administration authority,<br />
which would be formed by the Government<br />
<strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong>, in order<br />
to establish conditions for economical, efficient<br />
and transparent usage <strong>of</strong> funds for public<br />
procurement and creation <strong>of</strong> competitive and<br />
fair conditions, for all bidders. Establishment<br />
<strong>of</strong> special authority, is the realization <strong>of</strong> the<br />
obligation determined by the Directive<br />
18/2004, which stipulates that independent<br />
entity which secures the enforcement <strong>of</strong> the<br />
law must be formed in all countries. Special<br />
authority, exists in all neighbouring countries,<br />
and all EU countries and it represents, besides<br />
State commission, main subject <strong>of</strong> the public<br />
procurement system.<br />
Recommendations from the European<br />
partnership related to public procurement<br />
contain the obligation <strong>of</strong> providing the implementation<br />
<strong>of</strong> consistent and efficient public<br />
procurement system in <strong>Montenegro</strong>,<br />
and strengthening <strong>of</strong> administrative capacities<br />
<strong>of</strong> the competent authority <strong>of</strong> administration<br />
and <strong>of</strong> the State commission. Furthermore,<br />
in accordance to the Recommendations,<br />
it is necessary to provide transparency<br />
<strong>of</strong> procedures, regardless <strong>of</strong> the value<br />
<strong>of</strong> the contract in question and to completely<br />
avoid in that way discrimination <strong>of</strong> bidders.<br />
Mentioned recommendations are completely<br />
incorporated in the text <strong>of</strong> the new<br />
Public Procurement Law. Experiences <strong>of</strong><br />
countries in the region show that all countries<br />
meet those conditions and have established<br />
independent administrative bodies,<br />
as a separate organs for rights' protection<br />
(Croatia - Office for public procurement and<br />
State commission for public procurement,<br />
Bosnia and Herzegovina - Agency for public<br />
Procurement and Office for Consideration <strong>of</strong><br />
complaints, Serbia- Public Procurement Office<br />
and Commission for Protection <strong>of</strong> Rights,<br />
Macedonia - Office for Public Procurement<br />
and Commission for Protection <strong>of</strong> Rights, Albania<br />
- Office for Public Procurement and<br />
Commission Protection <strong>of</strong> Rights, Bulgaria,<br />
Hungary, Moldavia etc.)<br />
Further, Feasibility Study anticipates that<br />
<strong>Montenegro</strong> should do more in order to reform<br />
the administrative bodies for Public<br />
Procurement, to provide budgetary sustainability<br />
and the development <strong>of</strong> stable, pr<strong>of</strong>essional<br />
and independent State commission.<br />
For that objective, the new Law stipulates the<br />
establishment <strong>of</strong> the institutional framework<br />
for conduction <strong>of</strong> efficient and transparent<br />
public procurement system, through<br />
the public entity and the State commission.<br />
However, besides the improvement <strong>of</strong><br />
the Public Procurement Law, it is necessary<br />
to strengthen mechanisms for monitoring<br />
and control <strong>of</strong> public procurement, which<br />
minimise the possibility <strong>of</strong> getting around<br />
legal regulations. The necessary measure for<br />
consistent implementation <strong>of</strong> the Law implementation<br />
is education <strong>of</strong> subject involved<br />
in public procurement procedures, <strong>of</strong> ordering<br />
parties on one side, and <strong>of</strong> bidders on<br />
the other side. That kind <strong>of</strong> education would<br />
eliminate the larger number <strong>of</strong> variations <strong>of</strong><br />
the interpretation <strong>of</strong> regulations and, as a result,<br />
it would have a clear practice which<br />
would strengthen fair-play, not only between<br />
ordering party and bidder, but also between<br />
bidders themselves.<br />
Finally, starting from the previous experience<br />
and comparative legal researches, we<br />
come to a conclusion that the State, which in<br />
the public procurement procedures is a direct<br />
participant at the market, has to respect<br />
the basic principles <strong>of</strong> the market economy<br />
and to ensure the free competition. Obligations<br />
<strong>of</strong> countries pretending to become the<br />
EU members, among them <strong>Montenegro</strong>, is<br />
to consistently follow trends and changes in<br />
the legal regulations in the field <strong>of</strong> public<br />
procurement in European Union. Harmonization<br />
<strong>of</strong> procedures in the field <strong>of</strong> public<br />
procurement is not only one <strong>of</strong> more important<br />
conditions for the process association to<br />
European Union, but also a condition for the<br />
creation <strong>of</strong> suitable environment for free<br />
market competition, and at the same time,<br />
unfavourable environment for corruption<br />
and organized crime.<br />
SECRETARY OF THE PUBLIC<br />
PROCUREMENT COMMISSION<br />
Katarina Radović<br />
Phone: 081-231-624<br />
E-mail: nabavka@cg.yu<br />
40
Old foreign currency savings <strong>of</strong> citizens<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
Sale <strong>of</strong> state-owned property<br />
for bonds <strong>of</strong> old foreign<br />
currency savings <strong>of</strong> citizens<br />
Provisions <strong>of</strong> the Article 18 <strong>of</strong> the Law<br />
on regulation <strong>of</strong> Commitments and Claims<br />
Based on Foreign Debt and Foreign<br />
Currency Savings <strong>of</strong> Citizens ("Official gazette<br />
<strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong>",<br />
no.55/03) is stipulated that old currency<br />
saving bonds <strong>of</strong> citizens, before their maturity<br />
period, can be used for purchase <strong>of</strong><br />
apartments, residential rooms, business<br />
premises, land or other state property,<br />
for which the <strong>Republic</strong> decides that can<br />
be bought with bonds which are not due.<br />
The same Article stipulates that the<br />
Government defines closer terms for usage<br />
<strong>of</strong> bonds before their maturity period.<br />
FOR THAT PURPOSE, THE<br />
GOVERNMENT ADOPTED FOLLOWING<br />
DOCUMENTS:<br />
- Decree on conversion <strong>of</strong> old foreign<br />
currency saving <strong>of</strong> citizens to bonds<br />
Natasa<br />
Novakovic<br />
("Official gazette <strong>of</strong> the <strong>Republic</strong> <strong>of</strong><br />
<strong>Montenegro</strong>", no. 42/04), which stipulates<br />
that the Government <strong>of</strong> <strong>Montenegro</strong>,<br />
upon the preposition <strong>of</strong> the <strong>Ministry</strong><br />
<strong>of</strong> <strong>Finance</strong>, determines terms and<br />
procedure <strong>of</strong> sale <strong>of</strong> property in the period<br />
<strong>of</strong> 3 months after the entering into<br />
force <strong>of</strong> the Decree.;<br />
- Decision on Bond Issue <strong>of</strong> the <strong>Republic</strong><br />
<strong>of</strong> <strong>Montenegro</strong> on the basis <strong>of</strong> foreign<br />
currency <strong>of</strong> citizens ("Official gazette<br />
<strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong>",<br />
no.42/04), which determines the value<br />
<strong>of</strong> issued bonds to the amount <strong>of</strong> 150<br />
million eur, nominal value <strong>of</strong> one bond<br />
<strong>of</strong> 1,00 eur and the maturity period for<br />
payment starting with 1. July 2004. until<br />
1. July 2007, and<br />
- Decision on Terms and Procedure<br />
<strong>of</strong> Purchasing <strong>of</strong> the Property <strong>of</strong> the <strong>Republic</strong><br />
<strong>of</strong> <strong>Montenegro</strong> with bonds <strong>of</strong> foreign<br />
currency saving <strong>of</strong> citizens ("Official<br />
gazette <strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong>",<br />
no. 54/2005). With this Decision<br />
all legal obligations towards owners <strong>of</strong><br />
bonds <strong>of</strong> foreign currency saving <strong>of</strong> citizens<br />
are fulfilled and they are allowed to<br />
purchase state-owned property for<br />
bonds.<br />
For the realization <strong>of</strong> those regulations,<br />
<strong>Ministry</strong> <strong>of</strong> <strong>Finance</strong> had prepared<br />
inventory <strong>of</strong> public ownership for purchase<br />
with bonds <strong>of</strong> foreign currency saving<br />
adopted by the Government, and<br />
after that, on 21. November 2005, the<br />
announcement was published for its sale.<br />
The add comprised housing space <strong>of</strong><br />
22 m,2 business premises <strong>of</strong> 18 m2, land<br />
<strong>of</strong> 8.429 m2, land <strong>of</strong> 170 m2 all in Budva,<br />
land <strong>of</strong> 400 m2 and a warehouse <strong>of</strong><br />
8.260 m2 in Bar, apartment villas within<br />
the complex <strong>of</strong> the hotel "Albatros" (business<br />
buildings, 5.376 m2) and a yard <strong>of</strong><br />
500 m2 in Ulcinj, annex <strong>of</strong> the hotel<br />
"Lokve" in Berane <strong>of</strong> 975 m2, workshops<br />
within the "Eksportdrvo" in Kolašin <strong>of</strong><br />
6.708 m2, land <strong>of</strong> 52.373 m2 in Podgorica.<br />
Value <strong>of</strong> stated property amounted<br />
over 5,00 millioneur.<br />
From the property was sold one<br />
housing space in Budva <strong>of</strong> 22 m2 for<br />
29.000,00 eur and business premises also<br />
in Budva <strong>of</strong> 18 m2 for 21.600,00 eur.<br />
For other announced property besides<br />
the interest no <strong>of</strong>fers were submitted.<br />
<strong>Ministry</strong> <strong>of</strong> <strong>Finance</strong> will continue<br />
with amendment <strong>of</strong> the inventory <strong>of</strong><br />
public ownership, which will soon be on<br />
sale again.<br />
SENIOR ADVISOR I<br />
Nataša Novaković<br />
Phone: 081-224-962<br />
e-mail: mf@mn.yu<br />
41
Implementation <strong>of</strong> Law on civil servants and State employees<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
Bosa Pavićević<br />
Olga Uskoković<br />
Implementation <strong>of</strong> Law<br />
on civil servants and<br />
State employees and<br />
Law on salaries <strong>of</strong> civil<br />
servants and state<br />
employees<br />
In April 2004, ("Official Gazette <strong>of</strong><br />
RoM", No. 27/04), the Parliament <strong>of</strong> the<br />
<strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong> adopted the<br />
Law on Civil Servants and State Employees<br />
and Law on Civil Servants and State<br />
Employees' Salaries, which became effective<br />
as <strong>of</strong> January 1, 2005. The two<br />
Laws required adoption <strong>of</strong> new enactments<br />
on job systematization within the<br />
public administration agencies and classification<br />
<strong>of</strong> servants into the salary grades,<br />
whose objective is to evaluate educational<br />
qualification, years <strong>of</strong> employment<br />
and a passed pr<strong>of</strong>essional exam as<br />
a special prerequisite for becoming a civil<br />
servant or state employee.<br />
<strong>Ministry</strong> <strong>of</strong> <strong>Finance</strong> plays important<br />
role in the implementation <strong>of</strong> these laws.<br />
Namely, according to Article 14 <strong>of</strong> the<br />
Law on Civil Servants and State Employees'<br />
Salaries, the minister <strong>of</strong> finance makes<br />
a decision on the fixed part <strong>of</strong> salary on<br />
the basis <strong>of</strong> an enactment passed by a head<br />
<strong>of</strong> the state authority on assignment<br />
or promotion <strong>of</strong> civil servant to a higher<br />
post or salary grade; the minister also<br />
makes a decision on the variable part <strong>of</strong><br />
salary which is, according to Article 13 <strong>of</strong><br />
the Law intended to motivate civil servants<br />
or state employees to achieve better<br />
results in their work and discharge their<br />
<strong>of</strong>fice with maximum efficiency.<br />
Taking due account <strong>of</strong> the situation,<br />
the <strong>Ministry</strong> <strong>of</strong> <strong>Finance</strong> made a decision<br />
on the fixed part <strong>of</strong> the salary for about<br />
80% <strong>of</strong> the public administration agencies<br />
with which it has a continuous cooperation<br />
through <strong>of</strong>fering suggestions<br />
on or interpretation <strong>of</strong> the laws. According<br />
to the Law on Civil Servants and State<br />
Employees' Salaries, the <strong>Ministry</strong> <strong>of</strong> <strong>Finance</strong><br />
shall keep central records on salaries<br />
<strong>of</strong> civil servants and state employees.<br />
Relevant data shall be provided by heads<br />
<strong>of</strong> the state authorities, while a manner<br />
<strong>of</strong> the record keeping, contents <strong>of</strong> the data<br />
and forms shall be determined by the<br />
<strong>Ministry</strong> <strong>of</strong> <strong>Finance</strong> in co-operation with<br />
the Human Resources Management,<br />
which keeps records on civil servants and<br />
state employees. An accurate and updated<br />
database on civil servants and state<br />
employees' salaries is thus provided.<br />
The <strong>Ministry</strong> <strong>of</strong> <strong>Finance</strong> also co-operates<br />
with the Administrative Inspectors,<br />
particularly in case <strong>of</strong> noncompliance<br />
with the legal public announcement<br />
procedure, nonfulfillment <strong>of</strong> the<br />
systematization conditions and other<br />
perceived omissions and, being a firstinstance<br />
authority that decides on appeal<br />
against the decision passed by the <strong>Ministry</strong><br />
<strong>of</strong> <strong>Finance</strong>, it plays important role<br />
in the implementation <strong>of</strong> the General<br />
Administrative Procedure Act.<br />
<strong>Ministry</strong> <strong>of</strong> <strong>Finance</strong> will further improve<br />
its co-operation with other state<br />
authorities in all compatible fields, and<br />
through the Payroll Accounts Sector, it<br />
will ensure a more successful implementation<br />
<strong>of</strong> the Law on Civil Servants and<br />
State Employees and Law on Civil Servants<br />
and State Employees' Salaries,<br />
through, inter alia, providing further<br />
education and pr<strong>of</strong>essional training.<br />
HEAD, PAYROLL ACCOUNTS SECTOR<br />
Bosa Pavićević,<br />
ADVISOR<br />
Olga Uskoković<br />
Phone:081- 245-479<br />
e-mail: mf@mn.yu<br />
42
Stable financing <strong>of</strong> the defence system<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
Stable financing <strong>of</strong> the defence system<br />
The Law on Budget for 2005 determines<br />
the funds for defence to the amount <strong>of</strong><br />
41.645.290,98 eur or 8,27% <strong>of</strong> the total<br />
budget, or 2,53 % <strong>of</strong> the estimated GDP <strong>of</strong><br />
the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong>.<br />
During the 2005, the total stability in<br />
the financing <strong>of</strong> the defence system was<br />
accomplished, which is illustrated by the<br />
following indicators:<br />
- Payments from the budget amounted<br />
40.611.008,03eur, or 97,52% when compared<br />
to planned. With the settlement <strong>of</strong> liabilities<br />
towards public companies the<br />
percentage <strong>of</strong> budget execution was<br />
106,30%<br />
- Regularity <strong>of</strong> payments <strong>of</strong> wages to<br />
those who work for the Army was provided.<br />
Those payments were behind schedule<br />
because <strong>of</strong> the surplus manpower and<br />
because <strong>of</strong> the autonomous rise in salary<br />
in 2004, which exceeded the possibilities<br />
<strong>of</strong> the budget.<br />
- Delays in payment <strong>of</strong> liabilities towards<br />
suppliers and certain remunerations<br />
to employees were eliminated. The<br />
reasons for such delays start from 2003, or<br />
from transition to the territorial principle<br />
<strong>of</strong> financing, when around 2,5 millions<br />
eur <strong>of</strong> outstanding debt were inherited;<br />
- Social program for the surplus manpower<br />
in army was fully financed;<br />
- At the suggestion <strong>of</strong> the <strong>Ministry</strong> <strong>of</strong><br />
<strong>Finance</strong> <strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong><br />
the salary system for all army members at<br />
the territory <strong>of</strong> Serbia and <strong>Montenegro</strong><br />
was stabilised and harmonized;<br />
- Also, at the suggestion <strong>of</strong> the <strong>Ministry</strong><br />
<strong>of</strong> <strong>Finance</strong> <strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong>,<br />
Accounting centre for <strong>Montenegro</strong><br />
was formed, so that payment orders will<br />
be delivered from Podgorica instead from<br />
Belgrade;<br />
- <strong>Ministry</strong> <strong>of</strong> <strong>Finance</strong> <strong>of</strong> the <strong>Republic</strong><br />
<strong>of</strong> <strong>Montenegro</strong>, through the <strong>Ministry</strong> <strong>of</strong><br />
Defence <strong>of</strong> Serbia and <strong>Montenegro</strong>, started<br />
a number <strong>of</strong> other measures significant<br />
for more efficient and rational financing<br />
<strong>of</strong> the defence system in the <strong>Republic</strong><br />
<strong>of</strong> <strong>Montenegro</strong>;<br />
- The total transparency <strong>of</strong> the process<br />
<strong>of</strong> planning and management <strong>of</strong> funds for<br />
army and generally was provided, from<br />
the aspect <strong>of</strong> financing, important preconditions<br />
were created for the further reform<br />
<strong>of</strong> the Army.<br />
In accordance with the commitment<br />
<strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong> to become<br />
the part <strong>of</strong> the system <strong>of</strong> the collective security,<br />
the goal is that the funds for the defence<br />
to be planned according to standards<br />
and criteria <strong>of</strong> the OUN, EU and the<br />
recommendations <strong>of</strong> NATO, with the tendency<br />
<strong>of</strong> their rationalisation.<br />
In accordance with that tendency expenses<br />
for defence were cut down in the<br />
estimated GDP <strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong>,<br />
from 2,53% in 2005 to 2,40% for<br />
2006. The share <strong>of</strong> those expenses in the<br />
budget was also reduced from 8,27% in<br />
2005 to 8,15% for 2006.<br />
As regards to the further allocation <strong>of</strong><br />
funds for defence it is planned:<br />
- continuing <strong>of</strong> tendency <strong>of</strong> the cutting<br />
down <strong>of</strong> expenses for defence and their reduction<br />
to 2% <strong>of</strong> the GDP;<br />
- standardization <strong>of</strong> the structure <strong>of</strong><br />
the expenses for defence in accordance<br />
with the international standards;<br />
Mijajlo<br />
Savović, M.A.<br />
- support to the social program- further<br />
reduction <strong>of</strong> the number <strong>of</strong> those employed<br />
in the Army and other structures <strong>of</strong><br />
defence, and the support to the solving <strong>of</strong><br />
status <strong>of</strong> institutions with army income,<br />
- excluding from the budget the expenses<br />
for financing <strong>of</strong> army pensions (which<br />
were included for the first time in the<br />
budget for 2006) and their including in<br />
the Pension and Disability Insurance Fund<br />
<strong>of</strong> <strong>Montenegro</strong>, which will with further<br />
downsizing <strong>of</strong> number <strong>of</strong> remunerated<br />
persons, create conditions for providing <strong>of</strong><br />
funds essential for necessary modernization<br />
and furnishing <strong>of</strong> army, in accordance<br />
with standards <strong>of</strong> "Partnership for Peace".<br />
ADVISOR FOR THE DEFENCE<br />
BUDGET IN THE MINISTRY<br />
OF FINANCE OF THE<br />
REPUBLIC OF MONTENEGRO<br />
Mihailo Savović, M.A.<br />
Phone: 081-244-467<br />
E-mail: mf@mn.yu<br />
43
Legislative activity<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
Legislative activity <strong>of</strong> the<br />
<strong>Ministry</strong> <strong>of</strong> the <strong>Finance</strong><br />
INTRODUCTION<br />
In the period from October 1 to December<br />
31, 2005, apart from preparation one <strong>of</strong><br />
the essential documents <strong>of</strong> the MN Government<br />
- Budget <strong>of</strong> the <strong>Republic</strong> for 2006, many<br />
significant legal projects were carried out in<br />
order to establish additional macroeconomic<br />
stability, improve and provide a more efficient<br />
functioning <strong>of</strong> the financial system <strong>of</strong><br />
<strong>Montenegro</strong>, as well as to harmonize overall<br />
regulations with the European Union Law, in<br />
accordance with the European integration<br />
process.<br />
The <strong>Ministry</strong> <strong>of</strong> <strong>Finance</strong> had a very intensive<br />
legislative activity, first <strong>of</strong> all on the level<br />
<strong>of</strong> fulfillment <strong>of</strong> obligations defined by the<br />
original and then revised Agenda <strong>of</strong> Economic<br />
Reforms, in the sense <strong>of</strong> further development<br />
<strong>of</strong> tax and customs policy, banking system reform,<br />
capital market and property-rights relations<br />
in order to bring about establishment<br />
<strong>of</strong> a stable framework for attracting foreign<br />
invesments and intensification <strong>of</strong> the overall<br />
Montenegrin economy development.<br />
The last quarter <strong>of</strong> 2005, apart from the<br />
laws, included also preparation <strong>of</strong> many bylaw<br />
acts, analytical studies and reports, aimed<br />
at making more precize definitions and more<br />
successful realization <strong>of</strong> capital segments<br />
from the Work Program <strong>of</strong> the Government -<br />
the <strong>Ministry</strong> <strong>of</strong> <strong>Finance</strong> for 2005.<br />
Taking into account the dynamics <strong>of</strong><br />
adopting the legislative regulations, process<br />
<strong>of</strong> implementation and fulfillment <strong>of</strong> almost<br />
all committments set up in the plan for 2005,<br />
it is realistic to expect realization <strong>of</strong> an even<br />
more favourable and stable economic ambience<br />
in the next year.<br />
The forthcoming most significant legislative<br />
projects adoption will contribute to it to<br />
a great extent, in the framework <strong>of</strong> realization<br />
<strong>of</strong> the Work Program for 2006 and Agenda <strong>of</strong><br />
Economic Reforms. The question is about a<br />
set <strong>of</strong> property laws (especially the Law on Property-Rights<br />
Relations), what is certainly<br />
one <strong>of</strong> the very important conditions for attraction<br />
and stability <strong>of</strong> foreign investments.<br />
-CROSS-SECTION VIEW OF THE<br />
LEGISLATIVE ACTIVITY DURING THE LAST<br />
QUARTER OF 2005 -<br />
Law on Amendments and Supplements to<br />
the Law on VAT - Adopted in the Parliament<br />
on December 6, 2005<br />
"Reform <strong>of</strong> the entire banking system<br />
<strong>of</strong> <strong>Montenegro</strong> directed towards establishment<br />
<strong>of</strong> safety and stability as<br />
well as increase in the banking system<br />
efficiency and pr<strong>of</strong>itability, rezulted<br />
in achieving very significant<br />
results within a short-term: new legislative<br />
regulative adoption, implementation<br />
<strong>of</strong> the ownership transformation,<br />
new bank management concept<br />
adoption, bank products <strong>of</strong>fer<br />
increase.<br />
Adoption <strong>of</strong> the Law on leasing, Law<br />
on Amendments and Supplements<br />
to the Law on Protection <strong>of</strong> Deposits,<br />
Law on Bill <strong>of</strong> Exchange, during 2005<br />
additionally contributed to complete<br />
the set <strong>of</strong> legislative regulations<br />
which regulate this area."<br />
Ana Miljanic<br />
Reduced rate <strong>of</strong> 7% is introduced to the VAT<br />
system for the goods an services which were VAT<br />
exempted according to the existing decisions (without<br />
right to deduction), and for which tax rate is<br />
reduced in most cases according to the European<br />
Union standards. Application <strong>of</strong> the reduced rate<br />
<strong>of</strong> 7% is proposed for the basic products for human<br />
nutrition (milk, bread, fat, oil and sugar), medicines,<br />
textbooks, water supply, accomodation<br />
services in hotels and other products which are significant<br />
for the citizens' living standard (Art. 26<br />
and 27 <strong>of</strong> the applicable Law). The aforementioned<br />
products i.e. services' taxes should not influence<br />
increase in unit prices <strong>of</strong> the mentioned products<br />
i.e. services, especially because the tax payer would<br />
be entitled to the input VAT deduction at delivery<br />
<strong>of</strong> the same. At the same time, this decision provides<br />
for neutrality in the process <strong>of</strong> VAT application,<br />
what is one <strong>of</strong> its basic pronciples, because input<br />
VAT does not burden the expenses <strong>of</strong> tax payer's<br />
operations (what is the case with the existing decision).<br />
Law on Amendments and Supplements to<br />
the Law on Customs Tariffs - Adopted in the<br />
Parliament on December 6, 2005<br />
One <strong>of</strong> the main reasons for adopting the Law<br />
on Customs Tariff is conditioned by the necessity<br />
to adjust the national Customs Tariff to the Combined<br />
Tariff <strong>of</strong> the European Union, first <strong>of</strong> all as<br />
regards its nomenclature. The adjustment obligation<br />
is conditioned by the need to intensify foreign<br />
trade exchange with the EU member states, as well<br />
as fulfillment <strong>of</strong> one <strong>of</strong> the conditions for our<br />
country's reception in the World Trade Organization.<br />
Law on Customs Tariff consists <strong>of</strong> 97 headings<br />
and 10.229 tariff items. Tariff items number,<br />
in comparison to the existing decision (8.554 tariff<br />
items) is higher by 1.675 tariff items, i.e. by<br />
19,58%. Tariff Rates are expressed in percentage<br />
amounts depending on the value <strong>of</strong> goods (ad valorem),<br />
and range from 0% to 30%. The new Tariff<br />
Rate is based upon the Harmonized System (HS -<br />
2002) which represents universal classification system<br />
which is used in tariff rates preparation. 10-figures<br />
single identification code is given to each<br />
product, as foreign trade exchange matter. The first<br />
six figures represent Harmonized System (regulated<br />
by the World Customs Organization), whereas<br />
the seventh and eight figure represent tariff signs<br />
adopted from the EU Combined Nomenclature.<br />
These two figures are are single for all the EU member<br />
states and other states which adopted this nomenclature,<br />
including our country.<br />
Law on Amendments and Supplements to<br />
the Law on Excises - Adopted in the Parliament<br />
on December 6, 2005<br />
The Parliament <strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong><br />
adopted the Law on Amendments and Supplements<br />
to the Law on Excises ("Official Gazette<br />
<strong>of</strong> the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong>", No. 76/01)at<br />
the third session <strong>of</strong> the second regular session in<br />
2005, held on December 6, 2005, which has been<br />
applied since January 1, 2006.<br />
The most significant amendments, which were<br />
provided by the provisions <strong>of</strong> the mentioned<br />
law, are related to: time <strong>of</strong> beginning <strong>of</strong> the excise<br />
duty calculation and payment obligation for cigarettes,<br />
as well as the manner <strong>of</strong> marking the alcoholic<br />
drinks and tobacco products with the excise<br />
stamps.<br />
It is envisaged by the Law to calculate the excise<br />
duty for cigarettes at the moment <strong>of</strong> taking<br />
over the control excise stamps, and this decision is<br />
essentially different from the past decision according<br />
to which the excise was calculated at the moment<br />
<strong>of</strong> putting the tobacco products into free circulation<br />
i.e. in the course <strong>of</strong> these products`sale to<br />
end users (for domestic cigarettes and cigarettes<br />
which are sent to excise warehouses).<br />
Pursuant to the authorisations from the Law<br />
on Excises (Article 11), the Government <strong>of</strong> the <strong>Republic</strong><br />
<strong>of</strong> <strong>Montenegro</strong> adopted the Decree on<br />
Marking Tobacco Products and Alcoholic<br />
Drinks with Control Excise Stamps, at the session<br />
on December 29, 2005 ("Official Gazette <strong>of</strong><br />
the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong>", No. 82/05), which<br />
regulates in detail the subject matter related to the<br />
manner <strong>of</strong> marking the tobacco products and alcoholic<br />
drinks with the stamps, manner and procedure<br />
<strong>of</strong> approval, printing and issuance <strong>of</strong> the<br />
excise stamps, and manner <strong>of</strong> keeping records<br />
44
Legislative activity<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
"Law on Expropriated Rights Restitution<br />
and Compensation, which was<br />
adopted in April, 2004, regulated the<br />
right <strong>of</strong> former owners to restitution<br />
<strong>of</strong> property rights and other property<br />
rights.<br />
Steering Commettee <strong>of</strong> the Compensation<br />
Fund adopted in November<br />
2005 the Financial plan for the period<br />
from October 1, to December 31,<br />
2005, in which process the conditions<br />
to start annuities payment by<br />
the Fund, as compensation to the<br />
former owners, were <strong>of</strong>ficailly met.<br />
In November 2005, the Compensation<br />
Fund made first six-month payments<br />
to the former owners, and on<br />
the basis <strong>of</strong> four legally valid decisions<br />
<strong>of</strong> the Municipality Commissions<br />
<strong>of</strong> Podgorica, Budva, Pljevlja i<br />
Cetinje. The total amount <strong>of</strong> the first<br />
six-month instalment paid to former<br />
owners amounts to 20.861,46 Eur."<br />
about destroyed, issued, used, damaged and unused<br />
excise stamps for tobacco products and alcoholic<br />
drinks.<br />
Draft Law on Insurance - (in the parliamentary<br />
procedure)<br />
Draft Law is to the greatest extent adjusted to<br />
the standards which exist in developed market<br />
economies, primarily to the international supervision<br />
standards related to insurance and to European<br />
Union Directives in that area. The point<br />
which has an impact on creation and maintenance<br />
<strong>of</strong> a sound insurance sector is appointment <strong>of</strong><br />
the relevant regulatory and supervisory body. The<br />
Law envisages that the Agency for Insurance Supervision<br />
with a legal person status, which is independent<br />
and founded by the Government <strong>of</strong> the <strong>Republic</strong><br />
<strong>of</strong> <strong>Montenegro</strong>, performs these activities.<br />
The Law envisages types <strong>of</strong> insurance and introduces<br />
the possibility to <strong>of</strong>fer services in voluntary<br />
pension and health insurance. It regulates the<br />
lowest amount <strong>of</strong> capital, which amounts to<br />
800.000 Eur for life insurance, for non-life insurance<br />
from 500.000 to 2.250.000 Eur and for reinsurance<br />
operations 2.000.000 Eur.<br />
"Taking into account that in <strong>Montenegro</strong>, especially during 2005, capital market circulation<br />
was expanded and the number <strong>of</strong> entities which participate in the capital market transactions<br />
increased, the need was felt to adopt the "Law on Joint Stock Companies Takeover"<br />
and the "Draft Law on Amendments and Supplements <strong>of</strong> the Law on Securities" in order to<br />
protect their interests.<br />
Draft Law on Amendments and Supplements <strong>of</strong> the Law on Securities - In addition to proprietary<br />
securities, which were a dominant part <strong>of</strong> capital market circulation in <strong>Montenegro</strong>, this Law<br />
defines also debt securities and regulates the procedure <strong>of</strong> trade and issuance <strong>of</strong> the same. Two important<br />
novelties are also introduction <strong>of</strong> closed <strong>of</strong>fer <strong>of</strong> securities and beforehand <strong>of</strong>fer <strong>of</strong> securities to<br />
the known acquirers. As regards the institutions <strong>of</strong> the capital market, this Law <strong>of</strong>fers, for the first time,<br />
the possibility to establish custodians in <strong>Montenegro</strong> - specialized financial institutions which keep<br />
securities for the third persons. These institutions can operate as sub-custodians and the Central<br />
Depository Agency will continue to be the central custodian.<br />
"Law on Joint Stock Companies Takeover" clearly defines the conditions and procedure according<br />
to which the investors who acquire more voting shares than the regulated treshold (40% <strong>of</strong> voting<br />
shares) are obliged to carry out mandatory public invitation for takeover. Control over implementation<br />
<strong>of</strong> the takeover procedure is clearly defined and given in charge to the Commission for Securities.<br />
Mandatory insurances in traffic are regulated<br />
by a special law, which is also in procedure and is<br />
likely to be adopted by the beginning <strong>of</strong> 2006. Legal<br />
regulative in the insurance sector would be<br />
completed by the adoption <strong>of</strong> these two legal regulations,<br />
what would support stability <strong>of</strong> the overall<br />
financial system, and strenghten the base for faster<br />
growth and development.<br />
New Law on Public Procurement (in the<br />
Government procedure) is adjusted to the European<br />
Union Directives, international practice and legislative<br />
decisions <strong>of</strong> the countries in region, what<br />
will have a significant impact on realization <strong>of</strong> one<br />
<strong>of</strong> the basic acqui communitaire principles - free<br />
movement <strong>of</strong> goods, services and capital. This will<br />
be provided by meeting the conditions for an<br />
equal market competition and best values for money.<br />
More precize analysis are done in relation to:<br />
public procurement methods, procedure <strong>of</strong> protection<br />
<strong>of</strong> rights etc. In addition, appeals' procedure<br />
is regulated in detail, circle <strong>of</strong> persons who have<br />
active identity cards is regulated, development <strong>of</strong><br />
the procedure in the first instance body and in the<br />
State Commission, deadlines within which an objection<br />
or appeal is filed, manner <strong>of</strong> decision-making<br />
and types <strong>of</strong> decisions. The State Commission<br />
decision is legally valid, and right to institute administrative<br />
dispute is excluded, because it lasts<br />
long and extends the development <strong>of</strong> public procurement<br />
procedure, which is urgent by its character.<br />
Obligation <strong>of</strong> the countries which tend to become<br />
European Union member states, among<br />
which is also <strong>Montenegro</strong>, is to follow consistently<br />
trends and changes in the legal regulative in the<br />
European Union public procurement area.<br />
Law on Amendments and Supplements <strong>of</strong><br />
the Law on Administrative Taxes - adopted in<br />
the Parliament on December 27, 2005<br />
Amendments to the existing Law is conditioned<br />
by extension <strong>of</strong> competences <strong>of</strong> certain republic<br />
administration bodies and establishment <strong>of</strong><br />
new bodies whose actions and acts have not been<br />
included in the existing tariff. One <strong>of</strong> the reasons<br />
for the existing law amendments is conditioned by<br />
the need to regulate taxes for actions and acts<br />
(from the repubilcan competence) which are conducted<br />
in view <strong>of</strong> diplomatic consular agencies.<br />
This committment is especially actualized for the<br />
reason that the <strong>Republic</strong> <strong>of</strong> Serbia amended this<br />
Law on <strong>Republic</strong> Administrative Taxes in the way<br />
that it determined different amounts for a number<br />
<strong>of</strong> actions and acts (decisions on determining<br />
citizenship, requests for registration in the register<br />
<strong>of</strong> citizenship holders, consignment notes etc.)<br />
which were regulated by the Federal Law on Administration<br />
Taxes.The consequence <strong>of</strong> such decision<br />
is that citizens <strong>of</strong> Serbia and <strong>Montenegro</strong> pay different<br />
taxes in diplomatic-consular agencies (for<br />
citizens <strong>of</strong> Serbia, according to the regulations <strong>of</strong><br />
that <strong>Republic</strong>, and for citizens <strong>of</strong> <strong>Montenegro</strong> according<br />
to the federal regulation).<br />
The Federal Law on Administration Taxes will<br />
continue to be applied for actions and acts which<br />
are at the moment under the competence <strong>of</strong> the<br />
State Union <strong>of</strong> Serbia and <strong>Montenegro</strong>.<br />
Administrative taxes payment obligation is regulated<br />
for the requests submitted to diplomaticconsular<br />
agencies for registration into the register<br />
<strong>of</strong> citizenship holders and for acceptance <strong>of</strong> our republic's<br />
citizenship.<br />
It is not necessary to provide additional funds<br />
from the Budget <strong>of</strong> the <strong>Republic</strong> in order to implement<br />
this law. By application <strong>of</strong> the draft law, additional<br />
revenues for the <strong>Republic</strong> Budget would<br />
be provided, circa 500.000,00 eur at the annual level.<br />
SPOKESPERSON OF THE MINISTRY OF FINANCE<br />
Ana Miljanić<br />
Phone: 081-224-581<br />
E-mail: mf@mn.yu<br />
45
Activities <strong>of</strong> the Minister<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
The most important activities <strong>of</strong> the<br />
Minister <strong>of</strong> <strong>Finance</strong><br />
October-december 2006<br />
29.12.2005. - Negotiations among the Trade Union Association,<br />
Montenegrin Government and Union <strong>of</strong> Employers on the lowest<br />
cost <strong>of</strong> labour: At the meeting, the participants in the tripartite negotiations<br />
discussed the proposal <strong>of</strong> the Montenegrin Government and a redefined<br />
position <strong>of</strong> the Union <strong>of</strong> Employers i.e. Decision to revise the General<br />
Collective Agreement prior to resuming talks on fixing the lowest labour<br />
costs. Representatives <strong>of</strong> the three parties reached an agreement on<br />
the issue and assessed that a Working Group should be established, which<br />
would take into consideration the provisions under the General Collective<br />
Agreement and then suggest concrete solutions…<br />
21 December 2005 -Montenegrin Minister <strong>of</strong> <strong>Finance</strong> Dr Igor<br />
Lukšić on improvement <strong>of</strong> the credit rating <strong>of</strong> <strong>Montenegro</strong> "I am<br />
pleased to inform you that <strong>Montenegro</strong> successfully completed its first revision<br />
<strong>of</strong> credit rating with one <strong>of</strong> the two most renowned global agencies<br />
providing credit rating analysis -Standard & Poor's from London. Within<br />
the very first year, credit rating mark BB stabile was improved into BB positive.<br />
Analysts <strong>of</strong> the Standard & Poor's Agency say that such improvement<br />
is based on a significant progress in the economic and policy reforms<br />
and strengthening <strong>of</strong> macroeconomic stability. They also highlighted<br />
a successful privatization in key economic sectors… I would also like<br />
to emphasize an expectation, which was very explicitly put forward -that<br />
holding <strong>of</strong> a referendum and expected independence will not have an impact<br />
on the political and economic stability"<br />
23 November 2005 - Montenegrin Minister <strong>of</strong> <strong>Finance</strong> Igor<br />
Lukšić and Hungarian Minister <strong>of</strong> Economy Janos Koka signed today<br />
in Budapest a 15 mil EUR credit for improvement <strong>of</strong> the school<br />
infrastructure in <strong>Montenegro</strong>. Repayment period <strong>of</strong> the credit is 13<br />
years with 3 years grace period. "From the credit funds, four buildings<br />
will surely be constructed in Podgorica. High Medical School is a priority,<br />
then Kindergarten in Block V, the construction <strong>of</strong> which started in 1990,<br />
then Public Education Bureau building, Examination Center and Vocational<br />
Training Center and one elementary school building. If some funds re-<br />
46
Activities <strong>of</strong> the Minister<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
main unused, another Secondary School building would most likely be<br />
constructed also in Podgorica", Montenegrin Minister for Education and<br />
Science Pr<strong>of</strong>. Dr. Slobodan Backović said after signing <strong>of</strong> the Agreement.<br />
23 November 2005 - Negotiations on a higher labour costs ended<br />
with agreement. -Representatives <strong>of</strong> the Montenegrin Trade Union<br />
Association, Government and Union <strong>of</strong> Employers, agreed that: the lowest<br />
salary for all employees in the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong> may not be less<br />
than 130,00 eur; lowest cost <strong>of</strong> labour in the <strong>Republic</strong> <strong>of</strong> <strong>Montenegro</strong> is<br />
fixed at the amount <strong>of</strong> 52,00 eur for December salary and 53,00 eur as <strong>of</strong><br />
1 August 2006 at the latest. This lowest cost <strong>of</strong> labour will be a base for<br />
payroll accounts in accordance with coefficients under the General Collective<br />
Agreement; tripartite working group responsible for revision <strong>of</strong> the<br />
General Collective Agreement will be established within 3 days from the<br />
day <strong>of</strong> adopting these principles. Participants in the negotiations will establish<br />
a working group which will, by the end <strong>of</strong> the first quarter <strong>of</strong> 2006,<br />
suggest amendments to the Law on Personal Income Tax by introducing a<br />
unique proportional rate not exceeding 15%, which will have no adverse<br />
effects on the Budget or increase <strong>of</strong> projected budget deficits<br />
Director for Europe, Jean Didier Réigner. - Minister Lukšić informed<br />
the quests about main macroeconomic indicators, saying that the inflation<br />
rate is at a projected level for current year; budget deficit and public<br />
debt have strong tendency to decreasing; sources <strong>of</strong> budget revenues are<br />
stabile; unemployment rate is below 20%; and the GDP achieved a real<br />
growth <strong>of</strong> about 5% in the first half <strong>of</strong> the year according to the <strong>Ministry</strong>'s<br />
assessments.<br />
25 October 2005 - Statement <strong>of</strong> <strong>Finance</strong> Minister Igor Lukšić<br />
on signing <strong>of</strong> the Agreement on Sale <strong>of</strong> Block <strong>of</strong> Shares <strong>of</strong> Podgorička<br />
banka a.d. Podgorica to the company " Société Générale " from<br />
Paris - Minister Lukšić expressed his pleasure over signing <strong>of</strong> the Agreement,<br />
describing it as an important step both as regards regaining the citizens'<br />
confidence in banks in <strong>Montenegro</strong> and overall reform and growth<br />
<strong>of</strong> the banking sector. He also said that it serves as a pro<strong>of</strong> that general<br />
15 November 2005 - Methodology for fixing lowest cost <strong>of</strong> labour<br />
adopted -<br />
<strong>Finance</strong> Minister Dr Igor Lukšić: "In case <strong>of</strong> a linear rise in labour<br />
costs, it is those with the highest salaries who will make good use <strong>of</strong> it. According<br />
to our opinion, it is a problem to apply such principle. You know,<br />
upon rise in the lowest cost <strong>of</strong> labour, it is the <strong>Finance</strong> Minister who gets<br />
a much higher salary than employees in the lowest salary grades, who we<br />
are trying to protect while fixing the lowest cost <strong>of</strong> labour." "We should<br />
fix a lowest labour costs acceptable, and then create a wider room for future<br />
talks on cost <strong>of</strong> labour in each respective sector in the non-economic<br />
field".<br />
14 November 2005 - Cetinje: Opening speech <strong>of</strong> <strong>Finance</strong> Minister<br />
Igor Lukšić at the Conference- "Regional Protection <strong>of</strong> Intellectual<br />
Property - Challenges in Protection <strong>of</strong> the Intellectual Property<br />
Rights" -<br />
<strong>Montenegro</strong> is "ready to take measures" at combating illegal trade in<br />
intellectual property. We are aware that a future <strong>of</strong> reforms depends on<br />
investment inflow and significant investments are possible only in those<br />
economic systems with a high level <strong>of</strong> rule <strong>of</strong> law and protection <strong>of</strong> private<br />
property".<br />
25 October 2005 - <strong>Finance</strong> Minister Igor Lukšić held talks with<br />
French Ambassador to SaM, Hugues Pernet and Société Générale,<br />
investment risk in <strong>Montenegro</strong> is decreasing and expressed his confidence<br />
that signing <strong>of</strong> the Agreement with one <strong>of</strong> the largest European banks<br />
Société Générale and its entry<br />
to the Montenegrin<br />
market will increase competitiveness<br />
in our banking<br />
system. "By concluding the<br />
Agreement we are making a<br />
huge progress in restructuring<br />
<strong>of</strong> the banking sector,<br />
because almost about 90%<br />
<strong>of</strong> the capital in the banking<br />
system has been privatized",<br />
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Activities <strong>of</strong> the Minister<br />
BULLETIN OF THE MINISTRY OF FINANCE/OCTOBER-DECEMBER 2006<br />
Minister Lukšić said.<br />
24 October 2005 - <strong>Finance</strong> Minister Igor Lukšić held regular<br />
press conference - ''Set <strong>of</strong> new laws adopted in the previous period, privatization<br />
process in a full swing and launched structural changes in the<br />
social insurance system confirm that <strong>Montenegro</strong> is entering a final phase<br />
<strong>of</strong> its transitional process. Successful accomplishment <strong>of</strong> tasks defined<br />
first under the original and then recently revised Economic Reforms<br />
Agenda enables continuation <strong>of</strong> the process and facing post-transitional<br />
challenges such as, inter alia unemployment and a high share <strong>of</strong> public<br />
spending in the GDP…"<br />
Montenegrin <strong>Ministry</strong> <strong>of</strong> <strong>Finance</strong>, Fraser Institute from Canada and Center<br />
for Entrepreneurship and Economic Development (CEED) organizes<br />
on Tuesday, 18 October 2005 a Conference - Economic Freedoms and Future<br />
<strong>of</strong> the Region. The aim <strong>of</strong> the Conference is to encourage efforts and<br />
find solutions for enhancement <strong>of</strong> conditions for a faster economic<br />
growth. It is the first time that the Fraser Institute presents index <strong>of</strong> economic<br />
freedoms in a South East European country and for the first time<br />
data about <strong>Montenegro</strong> are published, which is according to the Fraser<br />
Institute methodology, put on 86th place (together with Croatia) among<br />
127countries covered under the study<br />
14 October 2005 - <strong>Finance</strong> Minister Igor Lukšić signed Additional<br />
Memorandum <strong>of</strong> Understanding between European Community<br />
and SaM - The Memorandum is a basis for granting additional macro-financial<br />
assistance by the European Community to the amount <strong>of</strong> 70<br />
million EUR (25 mil. EUR loan and 45 mil. EUR grant) for Serbia and<br />
<strong>Montenegro</strong>, aimed at providing support to economic stabilization and<br />
the reform agenda. 10% <strong>of</strong> approved funds are planned for <strong>Montenegro</strong><br />
and 90% for Serbia.<br />
PR SERVICE OF THE MINISTRY<br />
SPOKESPERSON, Ana Miljanic<br />
SENIOR<br />
EMPLOYEE I,<br />
Maja Basic<br />
Phone:<br />
081-224-581<br />
E-mail:<br />
mf@mn.yu<br />
17 October 2005 - <strong>Finance</strong> Minister Lukšić participated at the<br />
Conference - Economic Freedoms and Future <strong>of</strong> the Region - Montenegrin<br />
Investment Promotion Agency (MIPA) in co-operation with<br />
48