M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 31 – Common Foreign and Security Policy Bilateral screening: Chapter 31 PRESENTATION OF MONTENEGRO Brussels, 27 June 2012

Foreign Security and Defence Policy M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31: Foreign Security and Defence Policy Implementation of International Restrictive Measures Stanica Anđić II secretary Ministry of Foreign Affairs and European Integration

Foreign Security and Defence Policy M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31: Foreign Security and Defence Policy Content Legal basis for the implementation of international restrictive measures Legal framework regarding the international restrictive measures implementation Role of relevant national institutions, national capacities Law on international restrictive measures

Foreign Security and Defence Policy M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31: Foreign Security and Defence Policy United Nations Security Council Resolutions, EU Council Decisions, OSCE documents Montenegro became a member state of the United Nations on June 28, 2006 by the Act of Succession Constitution of Montenegro, Article 9,,The ratified and published international agreements and generally accepted rules of international law shall make an integral part of the internal legal order, shall have the supremacy over the national legislation and shall be directly applicable when they regulate the relations differently from the internal legislation``

Foreign Security and Defence Policy M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31: Foreign Security and Defence Policy United Nations Security Council Resolutions, EU Council Decisions, OSCE documents Montenegro align itself with EU decisions related to restrictive measures In line with foreign policy priorities and integration agenda Fight against terrorism and organized crime Fight against proliferation of WMD, as well as illegal proliferation of conventional weapons Contribution to international peace and stability Montenegro abides by the decisions of the Organization for the Security and Cooperation in Europe (OSCE)

Foreign Security and Defence Policy M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31: Foreign Security and Defence Policy Legal Framework Law on Foreign Trade ( Official Gazette of Montenegro No. 28/2004,37/2007), Law on prevention of Money Laundering and Terrorism Financing (Official Gazette of Montenegro No. 14/07 i 4/08), Law on Foreign Trade in Arms, Military Equipment and Dual-Use Goods (Official Gazette of Montenegro No. 80/08), Law on Export Control of Dual Use Goods (Official Gazette of Montenegro No. 32/12), Law on Foreigners (Official Gazette of Montenegro No. 82/08, 72/09, 32/11), Other regulations and by laws

Foreign Security and Defence Policy M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31: Foreign Security and Defence Policy Institutional capacities for the implementation of existing legal framework: Ministry of Foreign Affairs and European Integration, Ministry of Economy, Ministry of Defence, Ministry of Finance (Directorate for Prevention of Money Laundering and Terrorism Financing), Ministry of Interior and Police Directorate, Customs Directorate, Tax Administration, Central Bank, Commission for Securities… Institutional capacities

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31: Foreign Security and Defence Policy Chapter 31: Common Foreign and Security Policy Control of foreign trade in arms, military equipment and dual use goods 8 The licensing system is guided by two strong principles enshrined by CCP 2008/944/CFSP  High common standards  Transparency Assessment against the 8 criteria Export licence applications assessed on a case-by-case basis Internal Information Exchange & Annual Reports

Foreign Security and Defence Policy M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31: Foreign Security and Defence Policy Activities of Competent Authorities under the auspices of the existing legal framework: Cross-sector Cooperation Key activities of relevant institutions regarding restrictive measures implementation:  Ministry of Foreign Affairs and European Integration  Update and publish on its website the list of countries, entities and persons under international restrictive measures (UN, EU, OSCE)  Participate in the arms export control (evaluation of criteria in accordance with the EU Council Common Position 944/2008 CFSP)  Ministry of Economy (arms embargo and services related to it)  Control of foreign trade in arms, military equipment and dual use goods (licensing authority)  Central Bank (financial restrictive measures)  Conduct risk assessment and block financial transactions/accounts of listed persons/entities

Foreign Security and Defence Policy M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31: Foreign Security and Defence Policy Activities of Competent Authorities : Border Control Ministry of Interior (travel ban) – Integrated border management (Strategy for integrated border management – Ministry of Interior, Intersession Working Group); – Law on border Control (Official Gazette of Montenegro No. 72/09,20/11 and 40/11) – Ministry of Interior;  Ministry of Interior/Police Directorate conduct border control: border surveillance, border control and security risk assessment  Customs Directorate, in cooperation with the Police, conducts border control (especially control of foreign trade in arms, military equipment and dual use goods, in order to prevent proliferation of illegal arms transfers and proliferation of WMD and components for their delivery) Administration for prevention of Money Laundering and Terrorism Financing (enforcement of standards regarding the prevention of money laundering and terrorism financing)

Foreign Security and Defence Policy M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31: Foreign Security and Defence Policy Law on International Restrictive Measures 2010 – Working Group for drafting of the Law on International Restrictive Measures was established first draft sent for the evaluation of EEAS experts first draft sent for the evaluation of BAFA experts Cross-sector consultations Compliance with EU regulations 2013 – final draft under consideration

Foreign Security and Defence Policy M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31: Foreign Security and Defence Policy Law on International Restrictive Measures Content of the Law: Scope of the Law The basic ground for the implementation of international restrictive measures Entities to which the measures apply Types of restrictive measures Way to introduce restrictive measures (decision of the Government of Montenegro) Responsibilities of competent authorities regarding the implementation of restrictive measures Restrictions in use of assets and finance of listed persons Data collection procedures Register of data collected on listed persons and entities

Foreign Security and Defence Policy M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31: Foreign Security and Defence Policy Mechanism for introduction of EU restrictive measures to the legal system of Montenegro: through individual decisions of the Government for each restrictive measure Law on International Restrictive Measures

Foreign Security and Defence Policy M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31: Foreign Security and Defence Policy Planned activities and challenges Adoption of the new Law; Strengthening of administrative capacities in relevant national institutions (especially MFAEI) aiming efficient implementation of international restrictive measures;

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