1. Does your State maintain a national system for controlling or regulating:

[ Articles 3, 4, 5.2, 8, 9, and 10 ]

Export Yes
Import Yes
Transit / Transshipment by land Yes
Transit / Transshipment by sea Yes
Transit / Transshipment by air Yes
Brokering Yes
2. For which activities does your State maintain a national control list of conventional arms:

[ Articles 2.2 and 5.2 ]

Export Yes
Import Yes
Transit / Transshipment Yes
Brokering Yes
3. Does your national control list cover the following:

[ Articles 2.1, 3, 4, and 5.2 ]

Battle tanks [Article 2.1] Yes
Armored combat vehicles [Article 2.1] Yes
Large-caliber artillery systems [Article 2.1] Yes
Combat aircraft [Article 2.1] Yes
Attack helicopters [Article 2.1] Yes
Warships [Article 2.1] Yes
Missiles and missile launchers [Article 2.1] Yes
Small arms and light weapons [Article 2.1] Yes
Ammunition / Munitions for the above items [Article 3] Yes
Parts and components requiring control for the above items [Article 4] Yes
4. Is/are your national control list(s) publicly available?

[ Article 5.3 ]

1) If yes, please provide a copy or link to where your control list is made publicly available 2) If no, please provide a copy of your control list or provide information on the additional items that are covered Yes
http://www.mek.gov.me/biblioteka/odluke
4a. Details / reference / web link / additional comments
5. Are the controlled items defined?

[ Article 5.3 ]

1) if yes, which definition(s) do you use? (e.g. Wassenaar, United Nations Register of Conventional Arms, National definitions, etc.) Yes
Wassenaar definition(s), EU list
1. Is the control of arms exports established in national legislation?

[ Article 5.5 ]

Yes
1a. Details / reference / web link / additional comments
Law on Foreign Trade in Weapons, Military equipment and Dual-Use items (Official Gazette of Montenegro, No. 80/08 of 26.12.2008.year)
2. Which Ministry/ies or government agency/ies is/are responsible for implementing controls on arms exports?

[ Article 5.5 ]

Four Ministries are responsible for implementing controls on arms exports: Ministry of Economy, Ministry of Foreign Affairs and European Integration, the Ministry of Defense and Ministry of Interior When applicable, depending on type and use of controlled goods, Ministry shall acquire opinion of other competent authorities as well.
3. Which Ministry or agency leads this process?

[ Article 5.5 ]

Ministry of Economy
4. Does your State take measures to ensure that all authorizations are detailed and issued prior to export?

[ Article 7.5 ]

If yes, what measures does your State take to ensure that all authorizations are detailed and issued prior to export? Yes
In Montenegro, foreign trade in controlled goods can be conducted by an entity only with the authorization for foreign trade in controlled goods, issued in accordance with the Law. In case of attempt of foreign trade in weapons and military equipment by company or individuals without authorization, sanctions are prescribed by the Law. Competent authorities issue the licence which contains detailed information on exporter, importer, broker, goods and end user. All information should be submitted to the licencing authority together with the request for licence. If documentation provided with the request is not complete and detailed, the licence won’t be issued.
5. Can your State reassess an authorization if your State becomes aware of new and relevant information?

[ Article 7.7 ]

Yes
5a. Details / reference / web link / additional comments
Article 25 of the above mentioned Law contains conditions for annulment of the authorization.
6. Does your State maintain records of arms export authorizations?

[ Article 12.1 ]

Yes
6a. Details / reference / web link / additional comments
Article 32 paragraph 1, Reporting - The Ministry of Economy is obliged to, up to April 30th of the current year, write and submit to the Government, an annual report on realization of foreign trade in controlled goods, for the previous year. Also, according to the Law, all data is archived by the Ministry of Economy, which is the competent authority.
7. For how many years are records maintained?

[ Articles 12.1 and 12.4 ]

Records shall be kept for a minimum of ten years. For the proceedings conducted pursuant to the Law, the provisions of the Law regulating General administrative proceeding are to be applied
8. What information do the records contain?

[ Article 12.3 ]

Quantity Yes
Value Yes
Model / Type Yes
Importing State Yes
End-User Yes
Other (specify below) Yes
End-User State, number of licenses issued, a detailed description of the goods
8a. Details / reference / web link / additional comments
9. Does your State maintain records of actual arms exports?

[ Article 12.1 ]

Yes
9a. Details / reference / web link / additional comments
According to the Article 30 o the law on Foreign Trade in Weapons, Military Equipment and Dual Use Goods, the Ministry shall keep the records on issued and annulled authorizations and refused and rejected applications for issuing licenses.
10. For how many years are records maintained?

[ Articles 12.1 and 12.4 ]

Minimum ten years
11. What information do the records contain?

[ Article 12.3 ]

Quantity Yes
Value Yes
Model/ Type Yes
Importing State Yes
End-User Yes
Transit/ transshipment State(s) No
Other (specify below) Yes
Number of licenses issued, a detailed description of the goods
12. Please provide any other information on export practices you would like to share.
1. Is the regulation of arms imports established in national legislation?

[ Article 8.2 ]

Yes
1a. Details / reference / web link / additional comments
Act on Foreign Trade in Weapons, Military equipment and Dual-Use items (Official Gazette of Montenegro, No. 80/08 of 26.12.2008.year)
2. Which Ministry/ies or government agency/ies is/are responsible for regulating arms imports?

[ Article 5.5 ]

Four Ministries are responsible for implementing controls on arms exports: Ministry of Economy, Ministry of Foreign Affairs and European Integration, the Ministry of Defense and Ministry of Interior When applicable, depending on type and use of controlled goods, Ministry shall acquire opinion of other competent authorities as well.
3. Which Ministry or agency leads this process?

[ Article 5.5 ]

Ministry of Economy
4. What measures does your State take to regulate imports?

[ Article 8.1 ]

According to the Law, every import of weapons and military equipment to Montenegro can be conducted only if the import licence was issued. Montenegro provides, upon request and pursuant to its national laws, to the exporting State Party, relevant information in order to help their national export assessment. Such measures include end use or end user documentation verification.
5. Does your State have measures in place to ensure that appropriate and relevant information is available to exporting States as part of their export assessment process?

[ Articles 8.1 and 11.3 ]

Yes
5a. Details / reference / web link / additional comments
Article 29 Act on Foreign Trade in Weapons, Military equipment and Dual-Use items (Official Gazette of Montenegro, No. 80/08 of 26.12.2008.year)
6. Does your State maintain records of arms imports?

[ Article 12.2 ]

Yes
6a. Details / reference / web link / additional comments
Article 32 paragraph 1, Reporting - The Ministry of Economy is obliged to, up to April 30th of the current year, write and submit to the Government, an annual report on realization of foreign trade in controlled goods, for the previous year.
7. For how many years are records maintained?

[ Articles 12.2 and 12.4 ]

Minimum ten years
8. What information do the records contain?

[ Article 12.3 ]

Quantity Yes
Value Yes
Model / type Yes
Exporting State Yes
Transit / transshipment State(s) No
Other (please specify below) Yes
Number of licenses issued, a detailed description of the goods
9. Please provide any other information on import practices you would like to share.
1. Is the regulation of transit and/or transshipment established in national legislation?

[ Article 9 ]

If yes, please provide the definition of transit and/or transshipment in your national legislation Yes
Article 9, Meaning of the terms: transportation shall mean any type of shipping (land, water, air) of controlled goods from the territory of Montenegro and to the territory of Montenegro; transits shall mean any kind of transportation (land, water, air) of controlled goods (with and without re-loading), over the territory of Montenegro without putting those items in trade in Montenegro;
1a. Details / reference / web link / additional comments
Article 28, Act on Foreign Trade in Weapons, Military equipment and Dual-Use items (Official Gazette of Montenegro, No. 80/08 of 26.12.2008.year), Transport and transit of controlled goods.
2. Which Ministry/ies or government agency/ies is/are responsible for regulating arms transit and/or transshipment?

[ Article 5.5 ]

The following institutions are responsible for implementing controls on arms transit and transshipment: Ministry of Interior, Ministry of Foreign Affairs and European Integration, Ministry of economy and Civil Aviation Agency
3. Which Ministry or agency leads this process?

[ Article 5.5 ]

Ministry of Interior
4. What measures does your State take to regulate transit and/or transshipment under its jurisdiction?

[ Article 9 ]

For every transit of weapons or military equipment in Montenegro, transit licence is required.
5. Does your State maintain records of arms that are authorized to transit and/or transship territory under its jurisdiction?

[ Articles 12.2 and 12.4 ]

Yes
5a. Details / reference / web link / additional comments
6. For how many years are records maintained?

[ Article 12.4 ]

7. What information do the records contain?

[ Article 12.3 ]

Quantity Yes
Value
Model / Type Yes
Exporting State Yes
Importing State Yes
Transit / Transshipment
End-User Yes
Other (please specify below)
7a. Details / reference / web link / additional comments
8. Please provide any other information on transit and/or transshipment practices you would like to share.
1. Is the regulation of arms brokering established in national legislation?

[ Article 10 ]

If yes, please provide the definition of brokering used in your national legislation Yes
Brokering activity shall mean negotiation or contraction of transactions which for subject have buying, selling or supplying with controlled goods from one foreign country to another foreign country or providing information to a person who is buying, selling or supplying with those goods from one country to another, excluding the activities such as transport, financial services, insurance, re-insurance, advertising and promotion;
1a. Details / reference / web link / additional comments
Article 8, Act on Foreign Trade in Weapons, Military equipment and Dual-Use items (Official Gazette of Montenegro, No. 80/08 of 26.12.2008.year)
2. Which Ministry/ies or government agency/ies is/are responsible for implementing controls on arms brokering?

[ Article 5.5 ]

Ministry of Economy, Ministry of Foreign Affairs and European Integration, the Ministry of Defense and Ministry of Interior
3. Which Ministry or agency leads this process?

[ Article 5.5 ]

Ministry of Economy
4. Does your State take measures to regulate brokering taking place under your jurisdiction?

[ Article 10 ]

If yes, what measures does your State take to regulate brokering taking place under your jurisdiction? Yes
Brokering activities in Montenegro can be conducted by an entity only with the authorization for foreign trade in controlled goods. Brokering activities can be conducted only by an entity entered into the Register of entities for conducting foreign trade in controlled goods. If the person/company is not previously registered, it cant apply for brokering licence.
5. Please provide any other information on brokering practices you would like to share.
1. Does your State prohibit transfers of conventional arms:

[ Article 6 ]

If the transfer would violate obligations under measures adopted by the United Nations Security Council acting under Chapter VII, in particular arms embargoes? [Article 6.1] Yes
If the transfer would violate relevant international obligations under international agreements to which you are a party, in particular those relating to the transfer of, or illicit trafficking in, conventional arms? [Article 6.2] Yes
If you have knowledge at the time of authorization that the arms or items covered by your State's legislation would be used in the commission of genocide, crimes against humanity, grave breaches of the Geneva Conventions of 1949, attacks directed against civilian objects or civilians protected as such, or other war crimes as defined by international agreements to which you are a party? [Article 6.3] Yes
1a. Details / reference / web link / additional comments
Article 18 of the Law on Foreign Trade, Military Equipment and Dual Use Goods contains criteria for assessment, and strictly prohibits any foreign trade which would violate obligations under measures adopted by the United Nations Security Council acting under Chapter VII, in particular arms embargoes.
2. Please provide a list of the relevant international agreements to which you are a party.

[ Articles 6.2 and 6.3 ]

WMD
  • Convention on prohibition of Chemical Weapons
  • Convention on Prohibition of Biological Weapons
  • Nuclear nonproliferation Treaty
Conventional weapons
  • Convention on certain conventional weapons and protocols I, II, III, IV
  • Convention on antipersonnel mines
  • Convention on cluster munitions
3. Please provide any other information on prohibitions you would like to share.
1. Does your State always conduct a risk assessment prior to authorization of an arms export?

[ Article 7.1 ]

If no, please specify under which conditions a risk assessment is not required. Yes
1a. Details / reference / web link / additional comments
Risk assessment is carried out within the discussion of specific criteria listed in Article 18 of the above mentioned Law
2. Does your State require that the following criteria are included in your national assessment prior to granting an export authorization?

[ Article 7.1 ]

Whether the arms would contribute to or undermine peace and security? Yes
Whether the arms could be used to commit or facilitate a serious violation of international humanitarian law? Yes
Whether the arms could be used to commit or facilitate a serious violation of international human rights law? Yes
Whether the arms could be used to commit or facilitate an act constituting an offence under international conventions or protocols relating to terrorism to which your State is a party? Yes
Whether the arms could be used to commit or facilitate an act constituting an offence under international conventions or protocols relating to transnational organized crime to which your State is a party? Yes
2a. Details / reference / web link / additional comments
3. Are additional criteria considered in addition to the above prior to authorizing a transfer:

[ Articles 7.4 and 11.2 ]

Risk of diversion Yes
Acts of gender based violence Yes
Other (please specify below) No
3a. Details / reference / web link / additional comments
4. Does your State consider risk mitigation measures as part of its authorizations process?

[ Article 7.2 ]

If yes, what mitigation measures does your State consider (i.e. confidence building measures or jointly developed and agreed programs)? No
4a. Details / reference / web link / additional comments
5. Please provide any other information on risk assessment and/or mitigation practices you would like to share.
1. Does your State take preventative measures to mitigate the risk of diversion?

[ Article 11.2 ]

If yes, what preventative measures does your State take to mitigate the risk of diversion? Yes
According to the Law, national authorities of Montenegro are obliged to make risk assessment, based on EU criteria of arms export control. These criteria are incorporated in the national legislation, which contains provision on diversion. In order to prevent diversion, national authorities may ask additional assurances from exporter or the end user in the for of certificates, authorizations, cargo details, etc. trough official/diplomatic channels.
2. Does your State cooperate and exchange information with States to mitigate the risk of diversion?

[ Article 11.3 ]

Yes
2a. Details / reference / web link / additional comments
Upon request, Montenegro may provide additional information to the exporting country and is prepared to cooperate in order to prevent any kind of diversion, and to stop any transaction which is not in compliance with previously issued licences.
3. Does your State take appropriate measures when it detects a diversion of transferred conventional arms?
If yes, what appropriate measures does your State take when it detects a diversion of transferred conventional arms? Yes
4. Is your State willing to share information on effective measures to address diversion?
If yes, what information is your State willing to share? Yes
In order prevent the diversion conventional arms Montenegro will to share relevant information with one another countries on effective measures to address diversion. Such information may include information on illicit activities including corruption, international trafficking routes, illicit brokers, sources of illicit supply, methods of concealment, common points of dispatch, or destinations used by organized groups engaged in diversion.
1. Which agency/ies is/are responsible for enforcing arms transfer controls?

[ Article 5.5 ]

Ministry of Economy, Ministry of Defence, Ministry of Interior, Ministry of Foreign Affairs and European Integration
2. Which Ministry or agency leads this process?

[ Article 5.5 ]

Ministry of economy is competent authority in charge for the enforcement of the Law on Foreign Trade in Weapons, Military Equipment and Dual Use Goods. This institutions is the main focal point for ATT enforcement, as well as for the licensing control.
3. What measures does your State take to enforce national laws and regulations that implement the provisions of the Treaty?

[ Article 14 ]

National Laws and Regulations in force are in compliance with EU regulations and are totally in compliance with provisions of ATT. This system was established before ATT was signed by Montenegro. In order to improve national control system, Montenegro cooperates with international institutions and organizations BAFA, SIPRI, UNDP, UNDP, OSCE. Together with them, the Ministry of Economy organizes trainings, round tables, exercises and workshops for licencing officers, as well as industry outreach.
4. Please provide any other information on enforcement practices you would like to share.
1. Will your State provide an initial report within one year of entry into force on measures undertaken in order to implement the ATT?

[ Article 13.1 ]

Yes
1a. Details / reference / web link / additional comments
2. Does your State produce an annual report on:

[ Article 13.3 ]

Authorized arms exports Yes
Authorized arms imports Yes
Actual arms exports No
Actual arms imports No
2a. Details / reference / web link / additional comments
3. Are there legal impediments to the reporting requirements under the ATT?

[ Article 13.3 ]

No
3a. Details / reference / web link / additional comments
According to the above mentioned Law, The Ministry of Economy is obliged to write and submit to the Government an annual report on realization of foreign trade in controlled goods, for the previous year, before 30 April of the next year.
4. Can your State report on measures taken to address the diversion of transferred conventional arms?

[ Article 13.2 ]

Yes
4a. Details / reference / web link / additional comments
5. Has your State designated a national contact point for the ATT?

[ Article 5.6 ]

5a. Details / reference / web link / additional comments
6. Please provide any other information on transparency practices you would like to share.
The Ministry is obliged to publish the report referred to in paragraph 1 of this article, on its web- page, excluding data considered as confidential and protected data, in accordance with the law.
1. Is your State involved in cooperation measures that will help to implement the ATT?

[ Article 15.1 ]

Yes
1a. Details / reference / web link / additional comments
Montenegro cooperate with many countries (especially from the region and EU) and various international organization on arms export control issues. These activities are in compliance with provisions of ATT. Montenegro is willing to deepen this cooperation, in order to help other countries to improve their national export control systems.
2. Is your State currently involved in:

[ Articles 15 ]

Exchange of information on conventional arms transfers [Articles 15.2 and 15.3] Yes
Cooperative measures to prevent diversion [Article 15.4] Yes
Widest measures of assistance in investigations, prosecutions and judicial proceedings [Article 15.5] Yes
Measures to prevent corruption [Article 15.6] Yes
Development of best practices and lessons learned [Article 15.7] Yes
2a. Details / reference / web link / additional comments
3. Does your State intend to pursue cooperation in:

[ Article 15 ]

Exchange of information on conventional arms transfers [Article 15.1, 15.2, and 15.3] Yes
Cooperative measures to prevent diversion [Article 15.4] Yes
Widest measure of assistance in investigations, prosecutions and judicial proceedings [Article 15.5] Yes
Measures to prevent corruption [Article 15.6] Yes
Development of best practices and lessons learned [Article 15.7] Yes
3a. Details / reference / web link / additional comments
1. Does your State require assistance to implement the provisions of the Arms Trade Treaty?

[ Article 16.1 ]

Yes
2. Does your State require:

[ Article 16.1 ]

Legal assistance
Legislative assistance, including model legislation Yes
Assistance for institution building
Technical assistance
Financial assistance
Material assistance
Stockpile management assistance
Disarmament, demobilization, or reintegration assistance
Assistance with effective practices for implementation
Other (please specify below)
3. Is your State in a position to provide assistance to other States to enable implementation of the provisions of the Arms Trade Treaty?

[ Articles 16.1, 16.2, and 16.3 ]

If yes, please answer question 4. If no, please go straight to question 5. No
3a. Details / reference / web link / additional comments
4. Is your State in a position to provide:

[ Article 16.1 ]

Legal assistance No
Legislative assistance, including model legislation No
Assistance for institution building No
Technical assistance No
Financial assistance No
Material assistance No
Stockpile management assistance No
Disarmament, demobilization, or reintegration assistance No
Assistance with effective practices for implementation No
Other (please specify below) No
5. Please provide information on any additional needs required to implement the ATT, particularly with regard to legal, licensing, customs, awareness raising and enforcement of sanctions, reporting, and transparency

[ Articles 16.1 and 16/2 ]

6. Please provide information on any specific assistance programs that your State has provided that may help others implement the ATT, particularly with regard to legal, licensing, customs, awareness raising and enforcement of sanctions, reporting, and transparency

[ Articles 16.1 and 16.2 ]

7. Please provide information on specific assistance your State has received through the United Nations, international, regional, subregional or national organizations, non-governmental organizations, or on a bilateral basis that could be considered relevant for ATT implementation

[ Article 16.2 ]

In order to establish efficient system of arms export control, Montenegro asked for the expert help of EU/BAFA for drafting the Law on Foreign Trade in Arms, Military Equipment and Dual Use Goods in 2008. Also, now we are addopting new, amended legislation, for wich we also received expertize from EU/BAFA side. In accordance with EU Council Decision 2012/711/CFSP on the COARM support to the export controls of arms and military equipment, and under the framework of the EU programme of cooperation in the field of dual-use export controls, Montenegro has permanent cooperation with international organizations, institutions and programmes responsible for export controls of weapons, military equipment and dual-use goods (BAFA, COARM, UNICRI, EU, UNIDIR, EXBS, OPCW, SEESAC).
1. Has your State already signed the Arms Trade Treaty?
Yes
2. Has your State already ratified the Arms Trade Treaty?
Yes
3. Is your State preparing to sign the Arms Trade Treaty in the next two years?
N/A
4. Is your State preparing to ratify the Arms Trade Treaty in the next two years?
N/A
5. Will/Has your State forumalted one or more reservations upon ratification?

[ Article 25.1 ]

If yes, please provide a description of your reservation(s).
6. Please provide any other information you would like to share.