Goods which may be used for the execution of a death penalty and whose application may be subject to torture
- Document symbol
- G/LIC/N/3/MNE/8/Rev.1
- Original language
- English
- Published on
- 19/11/2024
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
Import licensing system is regulated by the Law on foreign trade of goods and services which may be used for the execution of a death penalty, torture or other cruel, inhuman, or humiliating treatment or punishment and Decision on determination of goods whose export is prohibited, and it is intended for execution of human beings and goods by which use person may be exposed to torture.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Imports of:
- goods which may be used for the execution of a death penalty, torture or other cruel, inhuman or humiliating treatment or punishment – specific tariff lines from Chapters 29, 30, 33, 38, 39, 42, 62, 84, 93 are subject to licensing.
Q3. The system applies to goods originating in and coming from which countries?
The import licensing system applies to goods originating in and coming from all countries.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
Licenses are not intended to restrict the quantity or value of imports. In accordance with the Foreign Trade Law the Government may require import licenses only when it is necessary to:
- Protect national security.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The following laws and legal acts regulate issuance of licenses by the Ministry of Economic Development:
- Law on foreign trade of goods and services which may be used for the execution of a death penalty, torture or other cruel, inhuman or humiliating treatment or punishment ("Official Gazette of Montenegro" No. 2/18);
- The Law on Administrative Procedure (RM OG No. 60/03 and "Official Gazette of Montenegro" No. 56/14; 20/15; 40/16 and 37/17).
- Decision on determination of goods whose export is prohibited, and it is intended for execution of human beings and goods by which use person may be exposed to torture "Official Gazette of Montenegro" No. 71/18).
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
Licenses are issued in a period not exceeding 30 days, except in case the additional checks are to be performed in a period not exceeding 45 days, provided that all required documents are submitted. Licenses could be obtained in a shorter period.
Q7.b. Can a licence be granted immediately on request?
Yes.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
There are no limitations as to the period of the year during which application for licence and/or importation may be made.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
An importer has to approach only one administrative organ as regards the application. The Ministry of Economic Development has to obtain positive opinion from the Ministry of Foreign Affairs, the Ministry of Internal Affairs and Ministry of Culture and Media in cases where these goods will be used for exposure to museums in accordance with the Law on foreign trade of goods and services which may be used for the execution of a death penalty, torture or other cruel, inhuman or humiliating treatment or punishment ("Official Gazette of Montenegro" No. 2/18).
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
None, except in cases prescribed by international regulations including international sanctions, recommendations of OEBS, etc.
The reasons for any refusal are given to the applicant in writing. In the event of refusal to issue a license, the applicant has a right of appeal to the Administrative Court of Montenegro, as prescribed by the Law on Administrative Procedure (RM OG No. 60/03 and "Official Gazette of Montenegro" No. 56/14; 20/15; 40/16 and 37/17) and the Law on Administrative Dispute ("Official Gazette of Montenegro" No. 54/16).
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
According to the Law on foreign trade of goods and services which may be used for the execution of a death penalty, torture or other cruel, inhuman or humiliating treatment or punishment ("Official Gazette of Montenegro" No. 2/18), natural and legal persons. There is no published list of importers.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
Please see Exhibit I.
Q11. What documents are required upon actual importation?
The importer must only provide a copy of a license or approval upon actual importation along with other required customs documents (declaration, invoice, bill of lading, certificates and, where required, other certificates - origin, conformity, veterinary, health, quality, phytosanitary).
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Yes, there is a license fee. In accordance with the Law on Administrative Fees (RM OG No. 18/19) the Ministry of Economic Development charges 100€ for issuing licenses goods which may be used for the execution of a death penalty, torture or other cruel, inhuman or humiliating treatment or punishment.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
There is no deposit or advance payment requirement associated with the issue of licenses.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Licenses are valid for one year from the date of issuance. If the realization of the activities related to foreign trade lasts longer than a year, the Ministry may determine the validity of the license until the deadline for completion of the work specified in the contract, but not longer than one year.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-utilization of a license or a portion of a license.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are not transferable between importers.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
There are no conditions attached to the issuance of a licence.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures, apart from import licensing required prior to importation.
Q19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange?
Foreign exchange is automatically provided by the banking authorities for goods to be imported.