Production, storage, processing, temporary storage, trade, as well as transshipment and transit of cigarettes and tobacco products will be prohibited in Montenegrin free zones.
Special permits will be required for the importation of weapons, military equipment, hazardous waste, medicines, medical devices and dual-use goods and their exportation from the free zone.
The entire area of that customs area - the fence, entrances and exits - will have to be physically and technically secured and illuminated at night, and must also be provided with external and internal video surveillance, to which customs authorities will have direct access at all times, without notice.
This is stated in the Draft Law on Free Zones, prepared by a working group of the Ministry of Economic Development (MED), which has been under public debate since yesterday.
Comments, proposals and suggestions are submitted electronically or to the MED address.
The explanation of the Draft states that neither the funds needed nor the funds provided for the implementation of the future regulation are available this year, but that it is necessary to plan funds in the budget for the next year.
Đeljošaj: The goal is to prevent illegal activities
Minister of Economic Development and Deputy Prime Minister Nick Djelosaj He told "Vijesti" yesterday that the primary goal of the Draft Law is to establish mechanisms to combat illegal trade in free zones, in accordance with best European practices, which includes the introduction of effective control measures and strengthening customs supervision.
"The key novelty of this legal solution is the introduction of a ban on the production, processing, storage, temporary storage, trade, transshipment and transit of tobacco and tobacco products in free zones, and with this solution the state wants to send a clear message that there is a decisive intention to suppress illegal activities in the zone, for which Montenegro has, unfortunately, been recognized for a long time," said Đeljošaj.
According to him, compared to previous practice, there is a need to define greater powers for customs authorities in the operation of free zones.
"...Which will enable the implementation of efficient supervision of goods and activities in free zones and increase transparency in their work. In this regard, provisions have been defined on the implementation of customs supervision over the zone, which comprehensively define customs supervision, which includes physical and technical security, video surveillance and a set of security, information, IT and organizational requirements and obligations that are required to be met by the founder, operator and users in the free zone, as well as other persons performing activities in the zone," says Đeljošaj.
It emphasizes that the terms founder, operator and user of free zones have been more precisely defined.
"In order to provide better access to data and stronger control of persons who intend to establish a zone, manage it or carry out certain activities in the zone, it is stipulated that founders, operators and users of free zones can only be companies and entrepreneurs registered in Montenegro, which, unlike the current regulation, excludes foreign legal and natural persons," emphasized Đeljošaj.
Founders and operators are being sent for checks by the ANB and MUP
The new legal norms, the minister points out, prescribe a set of conditions that the operator, founder and user of a free zone are required to meet before obtaining approval for the establishment and commencement of operations of the free zone.
"Before issuing this consent, the aforementioned persons are required to verify that they have met the requirements regarding financial solvency and security and protection requirements, as well as the obligation to undergo security checks, which are carried out by the National Security Agency and the Ministry of Internal Affairs. The law has improved and elaborated the procedure for submitting and considering an initiative for establishing a free zone, and the Ministry of Economic Development is required to provide the founder with guidelines with the aim of improving the documents he has submitted," Đeljošaj specified.
According to him, a clear and legally regulated mechanism for the termination of the free zone is being established, while respecting the principles of legal certainty, transparency and protection of property rights.
"The penal policy in free zones has also been significantly improved, in that misdemeanor measures have been elaborated in more detail and precisely, and the responsibilities of the founder, operator and user of the free zone have been separated, which expands responsibility compared to the old legal solution. A range of higher minimum and maximum fines has been introduced, which gives the competent authorities more room for proportional punishment depending on the severity of the offense," said Đeljošaj.
On December 17th of last year, 2024, the MED formed an interdepartmental Working Group, led by the State Secretary Ana Raičević.
"In the spirit of inclusiveness, transparency and cooperation, representatives of the relevant departments of the state administration, NGOs and the private sector were involved, as well as representatives of the British Embassy, which continuously provides strong support to Montenegro in the fight against corruption. The Embassy provided expert legal assistance in the process of drafting a new legal solution," he specified.
Đeljošaj also states that the process of drafting the law began at the end of January this year, and was completed on June 10, when the text was finalized.
"During that period, 19 meetings of the Working Group were held. As a result of dedicated and dedicated work, a new, high-quality legal solution was defined, which will establish a clear and predictable institutional-legal framework for the establishment, management and operation of free zones."
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