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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


Co-operation with international financial institutions - IMF<br />

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 />

35


Co-operation with international financial institutions - IMF<br />

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 />

47


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

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