GATS/SC/146/Suppl.1  
 
27 February 2024  
(24-1891) Page: 1/11 
Trade in Services  Original: English  
 
 
MONTENEGRO  
SCHEDULE OF SPECIFIC COMMITMENTS  
Supplement 1  
(This is authentic in English only)  
 
 
_______________  
 
 
This document supplements Montenegro's Schedule of Specific Commitments as contained in 
document GATS/SC/146 .   
  GATS/SC/146/Suppl .1 
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SCHEDULE OF SPECIFIC COMMITMENTS – MONTENEGRO  
Modes of Supply:  (1) Cross -border supply  (2) Consumption abroad  (3) Commercial presence  (4) Presence of natural persons  
Sector or Sub -sector  Limitations on Market Access  Limitations on National 
Treatment  Additional Commitments  
I. HORIZONTAL COMMITMENTS  
ALL SECTORS INCLUDED IN 
THIS SCHEDULE    Montenegro undertakes as additional commitments the 
attached "Disciplines on Services Domestic Regulation" 
for all sectors included in this schedule, except for 
financial services.  
 
II. SECTOR SPECIFIC COMMITMENTS  
7.  FINANCIAL SERVICES    Montenegro undertakes as additional commitments the 
attached "Alternative Disciplines on Services Domestic 
Regulation for Financial Services" for financial services 
sectors included in this schedule.  
 
 
_______________  
 GATS/SC/146/Suppl .1 
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  DISCIPLINES ON SERVICES DOMESTIC REGULATION  
Scope of the Disciplines  
1. These disciplines apply  to measures by Members relating to licensing requirements and 
procedures, qualification requirements and procedures, and technical standards affecting trade 
in services.  
2. These disciplines  do not apply to any terms, limitations, conditions, or qualificatio ns set out in 
a Member's Schedule pursuant to Articles XVI or XVII of the Agreement.  
3. For the purpose of these disciplines, "authorization" means the permission to supply a service, 
resulting from a procedure to which an applicant must adhere in order to de monstrate 
compliance with licensing requirements, qualification requirements, or technical standards.  
Submission of Applications  
4. Each Member shall, to the extent practicable, avoid requiring an applicant to approach more 
than one competent authority for ea ch application for authorization. If a service is within the 
jurisdiction of multiple competent authorities, multiple applications for authorization may be 
required.  
Application Timeframes  
5. If a Member requires authorization for the supply of a service, it shall ensure that its competent 
authorities to the extent practicable permit submission of an application at any time throughout 
the year.1 If a specific time period for applying exists, the Member shall ensure that the 
competent authorities allow a reaso nable period for the submission of an application.  
Electronic Applications and Acceptance of Copies  
6. If a Member requires authorization for the supply of a service, it shall ensure that its competent 
authorities:  
(a) taking into account their competing priorities and resource constraints, endeavour to 
accept applications in electronic format; and  
(b) accept copies of documents, that are authenticated in accordance with the Member's 
domestic laws and regulations, in place of original documents, unless the com petent 
authorities require original documents to protect the integrity of the authorization 
process.  
Processing of Applications  
7. If a Member requires authorization for the supply of a service, it shall ensure that its competent 
authorities:  
(a) to the extent p racticable, provide an indicative timeframe for processing of an 
application;  
(b) at the request of the applicant, provide without undue delay information concerning the 
status of the application;  
(c) to the extent practicable, ascertain without undue delay the co mpleteness of an 
application for processing under the Member's domestic laws and regulations;  
 
1 Competent authorities are not required to start considering applications outside of their official working 
hours and working days.  GATS/SC/146/Suppl .1 
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  (d) if they consider an application complete for processing under the Member's domestic 
laws and regulations,2 within a reasonable period of time after the submission of the 
application ensure that:  
(i) the processing of the application is completed; and  
(ii) the applicant is informed of the decision concerning the application,3 to the 
extent possible in writing;4 
(e) if they consider an application incomplete for processing under the Member's domestic 
laws and regulations, within a reasonable period of time, to the extent practicable:  
(i) inform the applicant that the application is incomplete;  
(ii) at the request of the applicant,  identify the additional information required to 
complete the application, or otherwise provide guidance on why the application 
is considered incomplete; and  
(iii) provide the applicant with the opportunity5 to provide the additional information 
that is require d to complete the application;  
however, if none of the above is practicable, and the application is rejected due to 
incompleteness, ensure that they so inform the applicant within a reasonable period of 
time; and  
(f) if an application is rejected, to the exte nt possible, either upon their own initiative or 
upon request of the applicant, inform the applicant of the reasons for rejection and, if 
applicable, the procedures for resubmission of an application; an applicant should not 
be prevented from submitting an other application6 solely on the basis of a previously 
rejected application.  
8. The competent authorities of a Member shall ensure that authorization, once granted, enters 
into effect without undue delay, subject to applicable terms and conditions.7 
Fees  
9. Each Member shall ensure that the authorization fees8 charged by its competent authorities are 
reasonable, transparent, based on authority set out in a measure, and do not in themselves 
restrict the supply of the relevant service.  
Assessment of Qualifications  
10. If a Member requires an examination for authorization for the supply of a service, that Member 
shall ensure that its competent authorities schedule such an examination at reasonably frequent 
intervals and provide a reasonable p eriod of time to enable applicants to request to take the 
examination. Having regard to the cost, administrative burden, and the integrity of the 
procedures involved, Members are encouraged to accept requests in electronic format to take 
 
2 Competent authorities may require that all information is submitted in a specified format to consider it 
"complete for processing".  
3 Competent authorities may meet this requirement by informing an applicant in advance in writing, 
including through a publ ished measure , that lack of response after a specified period of time from the date of 
submission of an application indicates acceptance of the application or rejection of the application.  
4 "In writing" may include in electronic form.  
5 Such opportunity d oes not require a competent authority to provide extensions of deadlines.  
6 Competent authorities may require that the content of such an application has been revised.  
7 Competent authorities are not responsible for delays due to reasons outside their comp etence.  
8 Authori zation fees do not include fees for the use of natural resources, payments for auction, 
tendering or other non -discriminatory means of awarding concessions, or mandated contributions to universal 
service provision.  GATS/SC/146/Suppl .1 
- 5 - 
 
  such examinations,  and to consider, to the extent practicable, the use of electronic means in 
other aspects of examination processes.  
Recognition  
11. Where professional bodies of Members are mutually interested in establishing dialogues on 
issues relating to recognition of prof essional qualifications, licensing or registration, the relevant 
Members should consider supporting the dialogue of those bodies where requested and 
appropriate.  
Independence  
12. If a Member adopts or maintains measures relating to the authorization for the su pply of a 
service, the Member shall ensure that its competent authorities reach and administer their 
decisions in a manner independent from any supplier of the service for which authorization is 
required.9  
Publication and Information available  
13. If a Membe r requires authorization for the supply of a service, further to Article III of the 
Agreement, the Member shall promptly publish,10 or otherwise make publicly available in 
writing, the information necessary for service suppliers or persons seeking to suppl y a service 
to comply with the requirements and procedures for obtaining, maintaining, amending and 
renewing such authorization. Such information shall include, inter alia , where it exists:  
(a) the requirements and procedures;   
(b) contact information of relevant competent authorities;   
(c) fees;  
(d) technical standards;   
(e) procedures for appeal or review of decisions concerning applications;   
(f) procedures for monitoring or enforcing compliance with the terms and conditions of 
licenses or qualifications;   
(g) opportuniti es for public involvement, such as through hearings or comments; and  
(h) indicative timeframes for processing of an application.   
Opportunity to Comment and Information before Entry into Force  
14. To the extent  practicable and in a manner consistent with its legal system for adopting 
measures, each Member11 shall publish in advance:  
(a) its laws and regulations of general application it proposes to adopt in relation to matters 
falling within the scope of paragraph  1 of this Section; or  
 
9 For greater certainty, this provision does not mandate a particular administrative structure; it refers to 
the decision -making process and administering of decisions.  
10 For purposes of these disciplines, "publish" means to include in an official publicati on, such as an 
official journal, or on an official website.  Members are encouraged to consolidate electronic publications into a 
single portal.  
11 Paragraphs 14 to 17 of this Section recognize that Members have different systems to consult 
interested person s and other Members  on certain measures before the ir adoption , and that the alternatives set 
out in paragraph 14 of this Section reflect different legal systems.  GATS/SC/146/Suppl .1 
- 6 - 
 
  (b) documents that provide suffi cient details about such a possible new law or regulation to 
allow interested persons and other Members to assess whether and how their interests 
might be significantly affected.   
15. To the extent practicable and in a manner consistent with its legal system f or adopting 
measures, each Member is encouraged to apply paragraph 14 of this Section to procedures and 
administrative rulings of general application it proposes to adopt in relation to matters falling 
within the scope of paragraph 1 of this Section.  
16. To the extent practicable and in a manner consistent with its legal system for adopting 
measures, each Member shall provide interested persons and other Members a reasonable 
opportunity to comment on such proposed measures or documents published  under 
paragrap hs 14 or 15 of this Section.  
17. To the extent practicable and in a manner consistent with its legal system for adopting 
measures, each Member  shall consider comments received under paragraph 16 of this 
Section.12  
18. In publishing a law or regulation referred t o in paragraph 14 (a) of this Section, or in advance 
of such publication, to the extent practicable and in a manner consistent with its legal system 
for adopting measures, a Member is encouraged to explain the purpose and rationale of the law 
or regulation .  
19. Each Member shall, to the extent practicable, endeavour to allow reasonable time between 
publication of the text of a law or regulation referred to in paragraph 14 (a) of this Section and 
the date on which service suppliers must comply with the law or r egulation.  
Enquiry Points  
20. Each Member shall maintain or establish appropriate mechanisms for responding to enquiries 
from service suppliers or persons seeking to supply a service regarding the  measures referred 
to in paragraph 1 of this Section.13 A Member may choose to address such enquiries throu gh 
either the enquiry and contact points established under Articles III and IV of the Agreement or 
any other mechanisms as appropriate.  
Technical Standards  
21. Each Member shall encourage its competent authorities, when adopting technical standards, to 
adopt t echnical standards developed through open and transparent processes, and shall 
encourage any body, including relevant international organizations,14 designated to develop 
technical standards to use open and transparent processes.  
Development of Measures  
22. If a Member adopts or maintains measures relating to  the authorization  for the supply of a 
service, the Member shall ensure that:  
(a) such measures are based on objective and transparent criteria;15 
(b) the procedures are impartial, and that the procedures are adequate for applicants to 
demonstrate whether they meet the requirements, if such requirements exist;  
 
12 This provision is without prejudice to the final decision of a Member that adopts or maintai ns any 
measure for authori zation for the supply of a service.  
13 It is understood that resource constraints may be a factor in determining whether a mechanism for 
responding to enquiries is appropriate.  
14 The term "relevant international organizations" refe rs to international bodies whose membership is 
open to the relevant bodies of at least all Members of the WTO.  
15 Such criteria may include, inter alia , competence and the ability to supply a service, including to do so 
in a manner consistent with a Member 's regulatory requirements, such as health a nd environmental  
requirements.  Competent authorities may assess the weight to be given to e ach criterion.  GATS/SC/146/Suppl .1 
- 7 - 
 
  (c) the procedures do not in themselves unjustifiably prevent the fulfilment of requirements; 
and  
(d) such measures do not discriminate between men and women.16 
 
 
_______________  
 
 
16 Differential treatment that is reasonable and objective, and aims to achieve a legitimate purpose, and 
adoption by Members of temporary special measures aimed at accelerating de facto equality  between men and 
women , shall not be considered discrimination for the purposes of this provision.  GATS/SC/146/Suppl .1 
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  ALTERNATIVE DISCIPLINES ON SERVICES DOMESTIC  
REGULATION FOR FINANCIAL SERVICES  
Scope  
1. These disciplines apply to measures by Members relating to licensing requirements and 
procedures, and qualification requirements and procedures affecting trade in financial services, 
as defined in the GATS Annex on Financial Services.  
2. These disciplines do  not apply to any terms, limitations, conditions, or qualifications set out in 
a Member's Schedule pursuant to Articles XVI or XVII of the Agreement.  
3. For the purpose of these disciplines, "authorization" means the permission to supply a service, 
resulting from a procedure to which an applicant must adhere in order to demonstrate 
compliance with licensing requirements, or qualification requirements.  
Application Timeframes  
4. If a Member requires  authorization for the supply of a service, it shall ensure that its competent 
authorities to the extent practicable permit submission of an application at any time throughout 
the year.1 If a specific time period for applying exists, the Member shall ensu re that the 
competent authorities allow a reasonable period for the submission of an application.  
Electronic Applications and Acceptance of Copies  
5. If a Member requires authorization for the supply of a service, it shall ensure that its competent 
authoritie s: 
(a) taking into account their competing priorities and resource constraints, endeavour to 
accept applications in electronic format; and  
(b) accept copies of documents, that are authenticated in accordance with the Member's 
domestic laws and regulations, in place of original documents, unless the competent 
authorities require original documents to protect the integrity of the authorization 
process.  
Processing of Applications  
6. If a Member requires authorization for the supply of a service, it sh all ensure that its competent 
authorities:  
(a) to the extent practicable, provide an indicative timeframe for processing of an 
application;  
(b) at the request of the applicant, provide without undue delay information concerning the 
status of the application;  
(c) to the extent practicable, ascertain without undue delay the completeness of an 
application for processing under the Member's domestic laws and regulations;  
(d) if they consider an application complete for processing under the Member's domestic 
laws and regulation s,2 within a reasonable period of time after the submission of the 
application ensure that:  
(i) the processing of the application is completed; and  
 
 
1 Competent authorities are not required to start considering applicat ions outside of their official working 
hours and working days.  
2 Competent authorities may require that all information is submitted in a specified format to consider it 
"complete for processing".  GATS/SC/146/Suppl .1 
- 9 - 
 
  (ii) the applicant is informed of the decision concerning the application,3 to the 
extent possible in writing;4 
(e) if they consider an application incomplete for processing under the Member's domestic 
laws and regulations, within a reasonable period of time, to the extent practicable:  
(i) inform the applicant that the application is incomplete;  
(ii) at the request of the appli cant, identify the additional information required to 
complete the application, or otherwise provide guidance on why the application 
is considered incomplete; and  
(iii) provide the applicant with the opportunity5 to provide the additional information 
that is required to complete the application;  
however, if none of the above is practicable, and the application is rejected due to 
incompleteness, ensure that they so inform the applicant within a reasonable period of  
time; and  
(f) if an application is rejected, to the extent practicable, either upon their own initiative or 
upon request of the applicant, inform the applicant of the reasons for rejection and, if 
applicable, the procedures for resubmission of an application;  an applicant should not 
be prevented from submitting another application6 solely on the basis that an application 
had been previously rejected.  
7. The competent authorities of a Member shall ensure that authorization, once granted, enters 
into effect withou t undue delay, subject to applicable terms and conditions.7 
Fees  
8. Each Member shall ensure that its competent authorities, with respect to authorization fees8 
they charge, provide applicants with a schedule of fees or information on how fee amounts are 
determined.  
Assessment of Qualifications  
9. If a Member requires an examination for authorization for the supply of a service, that Member 
shall ensure that its competent authorities schedule such an examination at reasonably frequent 
intervals and provide a reasonable period of time to enable applicants to request to take the 
examination. Having regard to the cost, administrative burden, and the integrity of the 
procedures involved, Members are encouraged to accept requests in electronic format to t ake 
such examinations, and to consider, to the extent practicable, the use of electronic means in 
other aspects of examination processes.  
Independence  
10. If a Member adopts or maintains measures relating to the authorization for the supply of a 
service, the M ember shall ensure that its competent authorities reach and administer their 
decisions in a manner independent from any supplier of the service for which authorization is 
required.9  
 
3 Competent authorities may meet this requirement by inform ing an applicant in advance in writing, 
including through a published measure , that lack of response after a specified period of time from the date of 
submission of an application indicates acceptance of the application  or rejection of the application.  
4 "In writing" may include in electronic form.  
5 Such opportunity does not require a competent authority to provide extensions of deadlines.  
6 Competent authorities may require that the content of such an application has been revised.  
7 Competent authorities are not responsible for delays due to reasons outside their competence.  
8 Authori zation fees do not include fees for the use of natural res ources, payments for auction, 
tendering or other non -discriminatory means of awarding concessions, or mandated contributions to universal 
service provision.  
9 For greater certainty, this provision does not mandate a particular administrative structure; it refers to 
the decision -making process and administering of decisions.  GATS/SC/146/Suppl .1 
- 10 - 
 
  Publication and Information available  
11. If a Member requires authorization for the supply of a service, further to Article III of the 
Agreement and paragraphs 6 and 8 of this Section, the Member shall promptly publish,10 or 
otherwise make publicly available in writing the information necessary for service suppliers or 
persons seeking to supply a service to comply with the requirements and procedures for 
obtaining, maintaining, amending and renewing such authorization. Such information shall 
include, inter alia , where it exists:  
(a) the requirements and procedures;  
(b) contac t information of relevant competent authorities;   
(c) procedures for appeal or review of decisions concerning applications;   
(d) procedures for monitoring or enforcing compliance with the terms and conditions of 
licenses or qualifications;  and 
(e) opportunities for public involvement, such as through hearings or comments.  
Opportunity to Comment and Information before Entry into Force  
12. To the extent  practicable and in a manner consistent with its legal system for adopting 
measures, each Member11 shall publish in advance:  
(a) its laws and regulations of general application it proposes to adopt in relation to matters 
falling within the scope of paragraph  1 of this Section; or  
(b) documents that provide sufficient details about such a possible new law or regulati on to 
allow interested persons and other Members to assess whether and how their interests 
might be significantly affected.   
13. To the extent practicable and in a manner consistent with its legal system for adopting 
measures, each Member is encouraged to appl y paragraph 12 of this Section  to procedures and 
administrative rulings of general application it proposes to adopt in relation to matters falling 
within the scope of paragraph 1.  
14. To the extent practicable and in a manner consistent with its legal system for adopting 
measures, each Member shall provide interested persons and other Members a reasonable 
opportunity to comment on such proposed measures or documents published  under 
paragraphs  12 or 13 of this Section.  
15. To the extent practicable and in a manner  consistent with its legal system for adopting 
measures, each Member  shall consider comments received under paragraph 14 of this 
Section.12  
16. In publishing a law or regulation referred to in paragraph 12 (a) of this Section, or in advance 
of such publicatio n, to the extent practicable and in a manner consistent with its legal system 
for adopting measures, a Member is encouraged to explain the purpose and rationale of the law 
or regulation.  
17. Each Member shall, to the extent practicable, endeavour to allow reasonable time between 
publication of the text of a law or regulation referred to in paragraph 12 (a) of this Section  and 
the date on which service suppliers must comply with the law or regu lation.  
 
10 For purposes of these disciplines, "publish" means to include in an official publication, such as an 
official journal, or on an official website.  Members are encouraged to consolidate electronic publications into a 
single portal.  
11 Paragraphs 12 to 15 of this Section  recognize that Members have different systems to consult 
interested persons and other Members on certain measures before the ir adoption , and that the alternatives set 
out in paragraph 12 of this Section  reflect different legal systems.  
12 This provision is without prejudice to the final decision of a Member that adopts or maintains any 
measure for authori zation for the supply of a service.  GATS/SC/146/Suppl .1 
- 11 - 
 
  Enquiry Points  
18. Each Member shall maintain or establish appropriate mechanisms for responding to enquiries 
from service suppliers or persons seeking to supply a service regarding the  measures referred 
to in paragraph 1 of this Section.13 A Member may choose to address such enquiries through 
either the enquiry and contact points established under Articles III and IV of the Agreement or 
any other mechanisms as appropriate.  
Development of Measures  
19. If a Member adopts or maintains measures rel ating to the  authorization  for the supply of a 
service, the Member shall ensure that:  
(a) such measures are based on objective and transparent criteria;14 
(b) the procedures are impartial, and that the procedures are adequate for applicants to 
demonstrate whether they meet the requirements, if such requirements exist;  
(c) the procedures do not in themselves unjustifiably prevent fulfilment of requirements; 
and 
(d) such measures do not discriminate between men and women.15 
 
 
__________  
 
13 It is understood that resource constraints may be a factor in determining whether a mechanism for 
responding to enquiries is appropriate.  
14 Such criteria may include, inter alia , competence and the ability to supply a service, including to do so 
in a manner consistent  with a Member 's regulatory requirements . Competent authorities may assess the 
weight to be given to e ach criterion . 
15 Differential treatment that is reasonable and objective, and aims to achieve a legitimate purpose, and 
adoption by Members of temporary special measures aimed at accelerating de facto equality between men and 
women, shall n ot be considered discrimination for the purposes of this provision.