MONTENEGRO Negotiating Team for the Accession of Montenegro

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MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Working Group

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 30 –External Relations Bilateral screening: Chapter 30 PRESENTATION OF MONTENEGRO Brussels, 12 June 2013 1

Chapter 30: External Relations 1. Common Commercial policy: Dual Use 2. Anti-Torture Regulation 3.

Chapter 30: External Relations 1. Common Commercial policy: Dual Use 2. Anti-Torture Regulation 3. Kimberley process STATE OF PLAY AND FUTURE STEPS Mr. Kadrija Kurpejovic Ministry of Economy E-mail: kadrija. kurpejovic@mek. gov. me MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 30: 2 External Relations

Chapter 30: External Relations 1. COMMON COMMERCIAL POLICY: DUAL USE MONTENEGRO Negotiating Team for

Chapter 30: External Relations 1. COMMON COMMERCIAL POLICY: DUAL USE MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 30: 3 External Relations

Chapter 30: External Relations 1. Common Commercial Policy: DUAL USE TABLE OF CONTENTS National

Chapter 30: External Relations 1. Common Commercial Policy: DUAL USE TABLE OF CONTENTS National legislation National export control legislation for Dual Use gods Legal framework What has already been achieved? What is on progress? Scope of the Law on control of export of dual-use goods EU Goods Control List (Annex I of EU Dual-use Regulations) National Control list of Dual-use goods The licensing process in the framework of LAW 32/2012 Who is involved? The licesing process Additional information Conclusion Future Activities MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 30: 4 External Relations

Chapter 30: External Relations 1. Common Commercial Policy: DUAL USE National legislation National export

Chapter 30: External Relations 1. Common Commercial Policy: DUAL USE National legislation National export control legislation for Dual Use Goods Law on Export Control of Dual-Use Goods ("Official Gazette of Montenegro", no. 32/12) OTHER REGULATIONS: LAW IS DIVIDED INTO SIX PARTS: I Part: Basic Provisions; - Bylaws; II Part: Conditions for export, transit, brokering services, and technical assistance; - International regulations; III Part: Records; - Council Regulation (EC) No 428/2009 of 5 May 2009 IV Part: Monitoring; - V Part: Penalties, and EU Council Common Position 2008/944/CFSP. VI Part: Transitional and final provisions. - Other Ntional Regulations MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 30: 5 External Relations

Chapter 30: External Relations 1. Common Commercial Policy: DUAL USE National legislation – continued

Chapter 30: External Relations 1. Common Commercial Policy: DUAL USE National legislation – continued Legal framework No. HARMONIZED No. 2. 428/2009 COUNCIL REGULATION (EC) of 05 May 2009; COUNCIL COMMON POSITION of 8 December 2008 Defining common rules governing control of exports 2008/944/CFSP of military technology and equipment 3. COUNCIL COMMON POSITION of 23 June 2003 On the control of arms brokering 4. COUNCIL JOINT ACTION of 22 June 2000 concerning the control of technical assistance related to certain military End-User 2000/401/CFSP (2012/C 85/01) (CFSP) COMMON MILITARY LIST OF THE EUROPEAN UNION; 1. 5. 2003/468/CFSP HARMONIZATION IN PROGRESS 6. REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 19 April 2012 amending Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items 388/2012/EU 7. COMMON MILITARY LIST OF THE EUROPEAN UNION (adopted by the Council on 11 March 2013) (equipment covered by Council Common Position 2008/944/CFSP defining common rules governing (2013/C 90/01) (CFSP) the control of exports of military technology and equipment) DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community 2009/43/EC (ICT) DIRECTIVE of 22 November 2010 amending Directive 2009/43/EC of the European Parliament and of the 2010/80/EU Council as regards the list of defence-related products 8. 9. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 30: 6 External Relations

Chapter 30: External Relations 1. Common Commercial Policy: DUAL USE National legislation – continued

Chapter 30: External Relations 1. Common Commercial Policy: DUAL USE National legislation – continued Legal framework Innovations in law The necessity to control Ø Coprehensive clause– Catch-All; Reasons: Ø Technical assistance, ü Compliance with UN Security Council resolutions (especially R 1540 SB UN), Ø Brokering services, and Ø Common position criteria of the EU Council 2008/944/CFSP when exporting arms ü Preservation of national security, ü Compliance with ratification of international conventions and agreements in this area, and ü Harmonization of national export control policy of arms, military equipment and dualuse goods with EU regulations MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 30: 7 External Relations

Chapter 30: External Relations 1. Common Commercial Policy: DUAL USE National legislation – continued

Chapter 30: External Relations 1. Common Commercial Policy: DUAL USE National legislation – continued What has already been achieved? CCP 2000/401/CFSP First Phase CCP 2003/468/CFSP CCP 2008/944/CFSP CCP 428/2009 transposed LAW 32/2012, 1 July Implemented Establishes the conditions, rules and procedures that governs the access to the activities of Commerce for exports of dual-use. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 30: 8 External Relations

Chapter 30: External Relations 1. Common Commercial Policy: DUAL USE National legislation – continued

Chapter 30: External Relations 1. Common Commercial Policy: DUAL USE National legislation – continued What is on progress? CCP 428/2009 Second Phase EU Directive on ICT transposition in progress Amendments Decree LAW to enter for adoption 2014 This legislation will implement a new licensing system keeping the controls and standards at the highest level in compliance with the CCP 944. Directive 2009/43/EC simplifying the terms and conditions of transfers of defencerelated products within the Community. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 30: 9 External Relations

Chapter 30: External Relations 1. Common Commercial Policy: DUAL USE Scope of the Law

Chapter 30: External Relations 1. Common Commercial Policy: DUAL USE Scope of the Law on control of export of dual-use goods EU Goods Control List (Annex I of EU Dual-Use Regulation) National Control list of Dual Use goods Missile Technology Control Regime M T C R Wassenaar Arrangement W A Nuclear Suppliers Group N S G A Australia G Group (chemical / biological weapons) Chemical Weapon Convention C W C National Control List of dual use goods O. G. 41/2011 Montenegrin Control List European Dual-Use Goods List (Annex I) MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 30: 10 External Relations

Chapter 30: External Relations 1. Common Commercial Policy: DUAL USE The licensing process in

Chapter 30: External Relations 1. Common Commercial Policy: DUAL USE The licensing process in the framework of LAW 32/2012 The process control The licensing system is guided by two strong principles enshrined by CCP 2008/944/CFSP Export licence applications assessed on a case-by-case basis q High common standards Assessment against the 8 criteria q Transparency Internal Information Exchange & Annual Reports MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 30: 11 External Relations

Chapter 30: External Relations 1. Common Commercial Policy: DUAL USE The licensing process in

Chapter 30: External Relations 1. Common Commercial Policy: DUAL USE The licensing process in the framework of LAW 32/2012 Who is involved? Companies 6 application 1 5 license granted or denied 2 Ministry of Economy Customs ü Ministry of Foreign Affairs ü Ministry of Defence ü Ministry of Internal Affairs 3 4 7 Informations about relisations MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Depending on type and purpose of dual-use items, Ministry shall acquire opinion of other competent authorities as well. Chapter 30: 12 External Relations

Chapter 30: External Relations 1. Common Commercial Policy: DUAL USE The licensing process in

Chapter 30: External Relations 1. Common Commercial Policy: DUAL USE The licensing process in the framework of LAW 32/2012 The licesing proces Pre-licensing registration Before submitting an export, brokering or other licence application, every company or individual has not to be registered. Consideration of the application Formal application by a company or individual Risk Assessment Processing License denied yes Problem? MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union no License granted Chapter 30: 13 External Relations

Chapter 30: External Relations 1. Common Commercial Policy: DUAL USE The licensing process in

Chapter 30: External Relations 1. Common Commercial Policy: DUAL USE The licensing process in the framework of LAW 32/2012 The licesing proces - Continued Formal application Consideration of the application Contract/s EUC Ministry of Economy yes International Import Certificate Problem? CCP 2008/944/CFSP no Ministry of Foreign Affairs Ministry of Defence Ministry of Internal Affairs License Denied Problem? yes Other sources Only individual Licens no Mo. E MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union License Granted Chapter 30: 14 External Relations

Chapter 30: External Relations 1. Common Commercial Policy: DUAL USE The licensing process in

Chapter 30: External Relations 1. Common Commercial Policy: DUAL USE The licensing process in the framework of LAW 32/2012 Additional information related to the Law 32/2012 Extraterritorial control ? § Brokering controls apply to Montenegrin citizens and companies registered in Montenegro operating with other countries; § The license shall be required for the export of non-listed dual –use items Article 9: Catch-all clauses; § Transit of dual-use items from the List, by land water, shall be authorized by state authority in charge of internal affairs, along with the approval of the state authorities in charge of defense and foreign affairs. Transit of dual use items from the List, by air, shall be authorised by the authority in charge of civil aviation along with the approval of the state authorities in charge of defense and foreign affairs. Article 13; § Transparency measures National and Regional reporting /SEESAC; § Violation of the law will entail a Penal provisions up to € 300 for individuals and € 10. 000 for companies. ( Harm. with Art. 24. (EC) No 428/2009 ); and § Imprisonment, depending on the qualifications of crimes, provides Criminal Code of Montenegro. “penalties must be effective, proportionate and dissuasive” MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 30: 15 External Relations

Chapter 30: External Relations 1. Common Commercial Policy: DUAL USE The licensing process in

Chapter 30: External Relations 1. Common Commercial Policy: DUAL USE The licensing process in the framework of LAW 32/2012 Conclusion üAcceptance of standards in the field of control on foreign trade flows of arms, military equipment, and dual-use goods; üUniting in the fight against international terrorism and proliferation of weapons of mass destruction; üInvolvement of Montenegro in international system of export control; üAccession to international control regimes and agreements in this area. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 30: 16 External Relations

Chapter 30: External Relations 1. Common Commercial Policy: DUAL USE FUTURE ACTIVITIES ü Continue

Chapter 30: External Relations 1. Common Commercial Policy: DUAL USE FUTURE ACTIVITIES ü Continue process development and full implementation of legislation and so far ü built system of export control in arms, military equipment and dual-use goods; ü Amendments to the Law on export controls of dual-use, early next year destruction and fight against terrorism; Seminars and training for the permanent representatives of the local economy and state institutions about control of foreign trade with controlled goods Council Decision 2012/711/CFSP Of 19 November 2012 ; ü Strenghtening of international ü Improving education and technical cooperation on export control plan; ü Harmonization of the National Control bases of the customs authorities due to their better skills in preventing the Lists with the lists of EU; smuggling of dual-use goods; ü Performance of all obligations arising from the membership of Montenegro in ü Continued participation in the longthe UN, also as many international term project of the EU. resolutions, recommendations and many other documents plan to prevent the proliferation of weapons of mass MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 30: 17 External Relations

Chapter 30: External Relations 2. Anti-Torture Regulation MONTENEGRO Negotiating Team for the Accession of

Chapter 30: External Relations 2. Anti-Torture Regulation MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 30: 18 External Relations

Chapter 30: External Relations 2. Anti-Torture Regulation The framework Major reference CCP 2008/944/CFSP CCP

Chapter 30: External Relations 2. Anti-Torture Regulation The framework Major reference CCP 2008/944/CFSP CCP 2003/468/CFSP (Brokering) Council Regulation 428/2009 OSCE and other Wassenaar Arrangement (EC) of 5 th May 2009 National control legal system UN Program of Action on SALW UN Protocol against illicit manufacturing of and trafficking in firearms, their parts and ammunition MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Common Military List (2012/C 85/01) (CFSP) Other Regulations (EC) No 1236/2005 Chapter 30: 19 External Relations

Chapter 30: External Relations 2. Anti-Torture Regulation National legislation üLaw on foreign trade of

Chapter 30: External Relations 2. Anti-Torture Regulation National legislation üLaw on foreign trade of arms , military equipment and dual-use goods (“Official Gazette of Montenegro”, no. 80/08) üLaw on export control of dual-use goods (“Official Gazette of Montenegro”, no. 30/12) MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 30: 20 External Relations

Chapter 30: External Relations 2. Anti-Torture Regulation National legislation Law on foreign trade of

Chapter 30: External Relations 2. Anti-Torture Regulation National legislation Law on foreign trade of arms , military equipment and dual-use goods, 80/2008 Other Items National Law Art. 6 Military Items of control list National Law Art. 6 Licensing requirement Any transfer outside Montenegro Transfer from one other country to another country MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Decision on the Establishment of the National Control List of non-military ordances (“OG of Montenegro" , no. 66/10); Chapter 30: 21 External Relations

Chapter 30: External Relations 2. Anti-Torture Regulation National legislation Law on foreign trade of

Chapter 30: External Relations 2. Anti-Torture Regulation National legislation Law on foreign trade of arms , military equipment and dual-use goods, 80/2008 This Act regulates the conditions for conducting foreign trade in weapons, military equipment , dual-use items and non-military ordances. This Act provides conditions for establishing state control in conducting foreign trade in controlled goods, in order to establish and protect: Ødefense, Øsecurity and foreign policy interests of Montenegro , Øand to ensure respect of the international obligations taken over by Montenegro. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 30: 22 External Relations

Chapter 30: External Relations 2. Anti-Torture Regulation NATIONAL LEGISLATION Law on foreign trade of

Chapter 30: External Relations 2. Anti-Torture Regulation NATIONAL LEGISLATION Law on foreign trade of arms , military equipment and dual-use goods, 80/2008 Decision on the Establishment of the National Control List of non-military ordances (“OG of Montenegro" , no. 66/10); ü No overlap with other lists; ü Export/import is for torture or for death penalty; ü listed goods have normal use but could be used for torture, ü Decision not fully covered by the restrictions on exports of equipment and goods listed in Annexes II and III of Regulation 1236/2005. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 30: 23 External Relations

Chapter 30: External Relations 2. Anti-Torture Regulation FUTURE ACTIVITIES In order to further harmonization

Chapter 30: External Relations 2. Anti-Torture Regulation FUTURE ACTIVITIES In order to further harmonization of national legislation in the field of arms, military equipment and non-military lethal goods with: 1. Regulation 1236/2005; 2. Commercial policy (Article 207 TFEU); 3. Charter of Fundamental Rights of the EU (Articles 2(2) and 4); 4. CFSP objectives (Article 21(2) TEU) q Regulations controlling trade Suggestions given q Restrictive measures (Article 215 TFEU) by experts hired by BAFA Ministry of Economy plans to adopt New Law on foreign trade in weapons, military equipment and non-military lethal devices, by the end of the year. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 30: 24 External Relations

Chapter 30: External Relations 3. Kimberley process MONTENEGRO Negotiating Team for the Accession of

Chapter 30: External Relations 3. Kimberley process MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 30: 25 External Relations

Chapter 30: External Relations 3. Kimberley process The framework In Montenegro, applies the Law

Chapter 30: External Relations 3. Kimberley process The framework In Montenegro, applies the Law on Foreign Trade “Official Gazette, No. 28/04 and amanded on Juny 2007, O. g. No. 37/07” The Government of Montenegro has established that the liberalization of the legal framework governing foreign trade , in a manner consistent with WTO agreements Organaizacije, the European Union and the generally accepted international best practices is the most effective way of achieving economic growth and development. Pursuant to art. 6 of this Law, Government of Montenegro, annually brings National checklist for export and import of goods that is compliant with the latest amendments to the Combined Nomenclature of the European Union This Decision on control list for export and import of goods (“O. G. , No. 25 of 4. jun 2013) does not contain goods (not cut diamonds) for which, in accordance with the law on foreign trade is necessary to obtain permission. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 30: 26 External Relations

Chapter 30: External Relations 3. Kimberley process FUTURE ACTIVITIES In order to further harmonization

Chapter 30: External Relations 3. Kimberley process FUTURE ACTIVITIES In order to further harmonization of national legislation in the field of foreign trade with: As regards Regulation 2368/2002 implementing the Kimberley Process q Regulation is adopted under trade legal base – Art 133 TEC (now Art 207 TFEU); At this moment Montenegro is not a participant Kimberley Process Ministry of Economy prepares amendments to the Law on Foreign Trade, which will include the need for the Government to adopt a Decree on the control of imports and exports of rough diamonds, by the end of the year. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 30: 27 External Relations

Thank you for your attention! QUESTIONS 28

Thank you for your attention! QUESTIONS 28