RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/CGR/4 
18 April 2005 
 (05-1585) 
Working Party on the 
Accession of Montenegro Original:   English 
 
 
 
ACCESSION OF MONTENEGRO 
 
Information on Policy Measures Affecting Trade in Services  
 
 
 The following submission on policy measures aff ecting trade in services, dated 11 April 2005, 
is being circulated at the request of the Delegation of the Republic of Montenegro.   
_______________ 
 
     
 WT/ACC/CGR/4 
Page 2 Table 1:  Measures Relating to Market access, National Treatment, and Domestic Regulation  
 
Mode(s) of Supply:  (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence  (4)  Presence of natural perso ns  (5)  Relationship between modes of supply 
Sector or sub-sector Measures relating to market access Measures relating to national 
treatment Measures relating to domestic 
regulation Relevant Laws and Regulations 
I. HORIZONTAL SECTION 
Cross Border Supply  
Consumption Abroad 
Commercial Presence The Foreign Investment Law 
provides national treatment.  
Foreign persons may found a 
company or invest in an existing 
one. 
Foreign legal persons may establish 
branch offices in Montenegro, which 
may operate as legal entities. Also, 
there is a possibility for foreigners to 
be involved in built, operate, transfer 
arrangements or to get a concession. 
 Foreign investor is:  a foreign legal 
or natural person; domestic citizen 
with foreign residence for a period 
longer than one year; a company 
with more than 25% of foreign 
capital, or a company established by 
a foreign person in Montenegro. 
A foreign person may not have 
majority ownership in companies 
producing or trading in weapons and 
ammunition, or in companies 
established in restricted areas, and 
must have the approval of the 
responsible ministry for investments 
in such cases.         The Law on business entities 
provides certain minimal capital 
requirements and procedures for 
establishing companies, all in 
compliance with the national 
treatment principle.  Registration 
with the Commercial Court is 
required. 
The contract on investments or the 
decision on incorporation must be 
registered with the Agency 
responsible for foreign investment – 
the Agency for Foreign Investment 
Promotion. The Law on Foreign Investment 
(RM OG No. 52/00) 
The Law on Enterprises (RM 
No. OG 6/02) 
The Law on Private Sector 
Participation in Supply of Public 
Services (RM OG No. 30/02) 
The Law on Business Entities (RM 
OG No. 6/02) 
Temporary Entry and Stay of Natural Persons  The Government determines each 
year the number of working permits 
for foreign persons, taking into 
consideration migration policy and 
current situation at the labour 
market.  
The Government determines annual 
quota of permits specifying activities 
and professions in which foreigners 
may be employed, number of 
permits for each of professions as 
well and territorial allocation of 
working permits.  Full national treatment is not 
provided in regard of employment of 
foreign nationals.  
A foreign person may be employed 
in Montenegro onl y with permanent 
or temporary residence permit and 
work permit.  
 Work permits are granted by the 
Labour Bureau of Montenegro and 
are valid for a period not longer than 
the validity of residence permit. 
A business visa, which gives a 
foreign national the right of 
residence and commercial activity, 
may be issued by the RM Ministry 
of Internal Affairs to foreigners who 
conduct business activities.  The 
business visa, without any additional 
requirements, is sufficient to reside 
and conduct these activities.  The Law on Employment (RM OG 
No. 5/02) 
The Law on Employment and 
Labour of Foreign Persons (RM OG 
No. 11/04) 
 
Real Estate Related  Fore ign persons may conclude a 
long-term lease of real estate for a 
period not less than 5 and no more 
than 30 years. After expiration, such 
a lease is renewable.                             Some areas of the country specified 
by the federal Law on Basic property 
relations may be restricted for the 
ownership of foreign persons.  
 A foreign legal or natural person 
may own real estate other than 
arable land in Montenegro, provided 
two conditions are met: the 
reciprocity requirement and that the 
said real estate serves a business 
purpose or is for personal residential 
use.  The Ministry for Human and 
Minority Rights of the state union 
provides information on whether The Law on Basic Property 
Relations (SFRY OG No. 6/80, 
36/90, FRY OG No. 29/96) 
  
  WT/ACC/CGR/4
 Page 3Mode(s) of Supply:  (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence  (4)  Presence of natural perso ns  (5)  Relationship between modes of supply 
Sector or sub-sector Measures relating to market access Measures relating to national 
treatment Measures relating to domestic 
regulation Relevant Laws and Regulations 
there is reciprocity with the country 
of origin of the foreign person, and 
the Ministry of Economy – on 
whether the real estate serves a 
business purpose.   
II.   SECTOR SPECIFIC COMMITMENTS 
I.   BUSINESS SERVICES 
1.   Professional Services 
(a)   Legal services* Notaries  and notary offices do not 
exist in the domestic legal system.  
Such services are provided by the 
Municipal Courts.  
(3)  Attorneys may not have more 
than one office registered. 
(4)  Attorneys may not be 
employed or engaged in any 
professional activity other than 
legal except for scientific, 
educational, artistic, 
humanitarian or a similar 
endeavour. 
(4)  Lawyers employed by the 
government or companies are 
not allowed to render legal 
services to the public.  They 
can only represent their 
employers, in courts or 
elsewhere.   (1) (4) Attorneys have to be citizens 
of Serbia and Montenegro. 
 
 (3) (4) The legal profession is 
divided into two basic 
categories of lawyers: (i) 
attorneys, i.e. lawyers in 
private practice who are 
members of their local Bar 
Association and (ii) lawyers 
not engaged in private 
practice, such as in-house 
company lawyers and lawyers 
working in government offices 
and agencies.   
(4)  All attorneys must be members 
of the Serbian Bar Association 
or Bar Association of RM. 
Initial and annual registration 
fees are required of all 
professionals belonging to 
such associations. 
The Bar Association is the de facto  
licensing authority for attorneys but 
without the power to reject a request for membership from a qualified 
applicant.  The Law on Legal Practice (FRY 
OG No. 24/98, 26/98, 69/00, 11/02) 
 
Tariff on Fees and Compensation of 
Costs for Performance of Attorney's 
Activities (RM OG No. 18/02) 
(b)   Accounting, auditing and 
bookkeeping services   (4)  The accountant's certificate 
may be granted to any person 
having:  
-  passed the examinations 
specified by the certification 
program defined by the 
responsible body in 
accordance with the IFAC 
training standards);  
-  university degree;  The Law on Accounting and 
Auditing 
  
 WT/ACC/CGR/4 
Page 4 Mode(s) of Supply:  (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence  (4)  Presence of natural perso ns  (5)  Relationship between modes of supply 
Sector or sub-sector Measures relating to market access Measures relating to national 
treatment Measures relating to domestic 
regulation Relevant Laws and Regulations 
-  three years' experience in 
accounting;  
-  no criminal record.  
The Ministry of Finance determines 
whether the conditions have been 
met and grants the accountant 
certificate.  
(4)  Auditing may be performed by 
a person meeting the following 
requirements:  
-  certified accountant;  
-  having performed auditing of 
legal persons for at least 2 
years under the supervision of 
an auditor;  
-  no criminal record.  
The Ministry of Finance determines 
whether the conditions have been 
met and licenses the auditor.  
(3)  An auditing company may be 
established for conducting 
auditing activities provided 
they have at least one auditor 
employed full time. An 
auditing company, or an 
auditor, shall conclude a 
contract on mandatory 
insurance against liability for 
the damages they might cause 
to the client.  
The Institute of Accountants and 
Auditors of RM is the responsible 
body for issuing International 
standards and instructions for 
auditing and accounting, 
determining fulfilment of 
professional conditions for 
accountants and auditors, conducting 
auditors and accountants exams, and 
keeping of registers for accountants 
and auditors.  
  WT/ACC/CGR/4
 Page 5Mode(s) of Supply:  (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence  (4)  Presence of natural perso ns  (5)  Relationship between modes of supply 
Sector or sub-sector Measures relating to market access Measures relating to national 
treatment Measures relating to domestic 
regulation Relevant Laws and Regulations 
(c)   Taxation services    Not regulated with specific 
legislation 
(d)   Architectural services (e)   Engineering services 
(f)   Integrated engineering services   (3)  A company is required to 
employ a minimum of three 
professionals licensed by the 
relevant Ministry. 
The Ministry of Environmental 
protection and Physical Planning 
issues a licence after a panel of 
experts makes sure that the company 
meets all conditions. The Law on Construction (RM OG 
No. 55/00) 
(g)   Urban planning and landscape 
architectural services   (3)  Companies supplying service 
must have at least six 
employees - 4 engineers, one 
in each of the sectors sector: 2 
architecture, 1 civil 
engineering, 1 transport 
engineer, 1 construction 
engineer and 1 economist - and recognized achievements in 
the field of urban planning and 
zoning. The Law on Zoning (RM OG 
No. 16/95, 22/95, 10/00) 
 
(h)   Medical and dental services   (4)  Health care workers with a 
university degree and having 
passed the professional 
competence examinations are 
issued the working licenses by 
the relevant Chamber, which 
keeps the register of licenses 
issued.     
 WT/ACC/CGR/4 
Page 6 Mode(s) of Supply:  (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence  (4)  Presence of natural perso ns  (5)  Relationship between modes of supply 
Sector or sub-sector Measures relating to market access Measures relating to national 
treatment Measures relating to domestic 
regulation Relevant Laws and Regulations 
(i)   Veterinary services   (3) (4) Legal and natural persons 
meeting the requirements in 
terms of the staff, space 
(facilities), technical 
requirements, hygiene and the 
requirements in terms of 
equipment, may establish 
veterinary legal persons to be involved in veterinary practice. 
Veterinary worker who hold a 
university degree and comply with 
the requirements for entry into the 
Register shall be issued licence by 
the Chamber. The Law on Veterinary Measures 
(RM OG No.11/04) 
(j)   Services provided by 
midwives, nurses, 
physiotherapists and 
paramedical personnel   (4)  Health care workers with a 
university degree and having 
passed the professional 
competence examinations are 
issued the working licenses by 
the relevant Chamber, which 
keeps the register of licenses 
issued.    
2.   Computer and Related 
Services    Not regulated with specific 
legislation. 
(a)   Consultancy services related to 
the installation of computer 
hardware 
(b)   Software implementation 
services 
(c)   Data processing services 
(d)   Data base services 
(e)   Other     
3.   Research and Development Services 
(a)   R&D services in natural 
sciences 
(b)   R&D services on social 
sciences and humanities 
(c)   Interdisciplinary R&D services   (3) (4) The science unit may perform 
its researches if it has  
permanently employed at least 
two employees; one of them 
with scientific title and the 
other one with assistant in 
science. The Law on Scientific Activities 
(RM OG No.37/92,27/94) 
The Law on Records of Scientific, 
Technical, Technological, Cultural 
and Educational Cooperation with 
Foreign  Countries (FRY OG 
No. 12/98)  
  WT/ACC/CGR/4
 Page 7Mode(s) of Supply:  (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence  (4)  Presence of natural perso ns  (5)  Relationship between modes of supply 
Sector or sub-sector Measures relating to market access Measures relating to national 
treatment Measures relating to domestic 
regulation Relevant Laws and Regulations 
4.   Real Estate Services 
(a)   Involving owned or leased 
property 
(b)   On a fee or contract basis See: Horizontal, Real Estate Related   The Law on Basic Property 
Relations (SFRY OG No. 6/80, 
36/90 FRY OG No. 29/96) 
5.   Rental/Leasing Services 
without Operators See: 11. TRANSPORT SERVICES    
(a)   Relating to ships 
(b)   Relating to aircraft (c)   Relating to other transport 
equipment 
(d)   Relating to other machinery 
and equipment 
(e)   Other     
6.   Other Business Services 
(a)   Advertising services 
(b)   Market research and public 
opinion polling services 
(c)   Management consulting 
service 
(d)   Services related to 
management consulting    Law on Media (RM OG No. 51/02, 
62/02)  
Law on Broadcasting (RM OG 
No. 51/02, 62/02, 46/04, 56/04) 
(e)   Technical testing and analysis 
services  (1)  Foreign certificates or reports 
on examination and other 
documents on conformity may 
be recognized by the 
Accreditation Body of Serbia 
and Montenegro: 
 -  if the recognition is conducted 
based on the agreement on 
mutual recognition of the 
investigation;  
-  if the documents have been 
issued in accordance with 
international agreements 
signed by Montenegro;  
-  if the documents have been 
issued in accordance with the 
international system and 
accreditation schemes 
recognized by Montenegro. (3)  Conformity assessment shall 
be done by enterprises and 
legal persons accredited for 
performing such activities 
under the law.  Law on Standardization  
(FRY OG No. 30/96, 59/98, 70/01, 
8/03) 
(f)   Services incidental to 
agriculture, hunting and 
forestry (3) (4) The hunting grounds are 
managed by hunting 
associations and hunting 
societies having the NGO (3) (4) Foreign nationals may hunt 
game  that is bred, that is not 
protected, as well as certain 
species of protected game The hunting grounds are specified by 
the RM Government following the 
proposal by the Ministry of 
Agriculture, Forestry and Water The Law on Agriculture Land (RM 
OG No. 15/98, 59/92, 27/94) 
The Law on Hunting (RM OG  
 WT/ACC/CGR/4 
Page 8 Mode(s) of Supply:  (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence  (4)  Presence of natural perso ns  (5)  Relationship between modes of supply 
Sector or sub-sector Measures relating to market access Measures relating to national 
treatment Measures relating to domestic 
regulation Relevant Laws and Regulations 
status, as well as two public 
companies. following the prior approval by 
the responsible Ministry. The 
hunting card is issued to 
foreign hunters for the period 
of 10 days. Management.  
(3) (4) Forests are both state- and 
privately owned. Forests are 
managed by their owners 
under conditions and in the 
manner specified by the Law 
on Forests. The provision and 
promotion of growing, protection and use of forests is 
carried out by the state 
authority responsible for forest 
management. State-owned 
forests may be exploited by the 
legal persons registered for the 
forestry activities. State-owned 
forest may be disposed of only 
following the decision by the 
Government.  No. 47/99) 
The Law on Forests (RM OG 
No. 55/00) 
(g)   Services incidental to fishing  (3) (4) Fishing boats under foreign 
flag may not fish in the 
territorial waters within the 
borders of Montenegro.  
(4)  Foreign persons interested in 
sport and recreational fishing 
may be issued temporary 
licence for the period of 30 
days at the most, and they are 
issued by the local authorities.  
 (3) (4) Ministry of Agriculture, 
Forestry and Water 
Management specifies 
locations and conditions for 
creating fish and other sea 
organisms breedi ng facilities 
following the proposal of the 
responsible scientific 
institution. The licence for 
exploitation of the location is 
issued by the responsible 
Ministry to a company or entrepreneur registered for 
such activities, and following 
the advertisement placed in 
public media. 
Commercial fishing licenses are 
issued for the period of one year, by 
the Ministry of Agriculture, Forestry 
and Water Manage ment, following 
the advertisement placed in public 
media.  
(3) (4) Commercial fishing may be 
the activity of companies and 
entrepreneurs registered for The Law on Maritime Fishing (RM 
OG No. 55/03) 
  
  WT/ACC/CGR/4
 Page 9Mode(s) of Supply:  (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence  (4)  Presence of natural perso ns  (5)  Relationship between modes of supply 
Sector or sub-sector Measures relating to market access Measures relating to national 
treatment Measures relating to domestic 
regulation Relevant Laws and Regulations 
such activities with the 
competent commercial court.  
Licenses for sports and recreational 
fishing are issued by the local 
authorities.  
(h)   Services incidental to mining  (3) (4) Basic geological research and 
geological research of strategic 
importance outside 
exploitation area are activities 
of interest for Montenegro and 
they are performed by an 
administrative organization, - 
Geological Institute of 
Montenegro. (3)  Companies registered for 
exploitation of minerals must 
have at least one mining 
engineer and necessary 
number of engineers with at 
least three years of 
professional working 
experience and who passed 
professional exam. 
The companies must meet the 
requirements concerning the 
conditions for mining activities, as 
well as make the payment for the 
concession for exploitation of public 
goods, and the Ministry of Economy 
issues the approvals for utilization of 
mining facilities and working 
permits for mining companies.  
(3)   A company which maintains 
geological resear ches, subject 
to fulfilment of all prescribed 
conditions, has right of first 
refusal in case that the request 
for issuance of approval for 
exploration of same mineral raw material and on the same 
field has been submitted by 
two or more companies. If the 
mining company, which get 
approval for exploitation of the 
mineral raw material, wants to 
perform on the same field 
exploration of other mineral 
raw materials, it is obliged to 
submit a special request.  
(3)  Ministry of Economy issues 
permits for conducting The Law of Mining (RM OG 
No. 28/93, 27/94) 
The Law on Geological Research 
(RM OG No. 28/93, 27/94, 42/94) 
  
 WT/ACC/CGR/4 
Page 10 Mode(s) of Supply:  (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence  (4)  Presence of natural perso ns  (5)  Relationship between modes of supply 
Sector or sub-sector Measures relating to market access Measures relating to national 
treatment Measures relating to domestic 
regulation Relevant Laws and Regulations 
geological research. Drafting 
geological research projects, 
studies on geological research 
may be managed by a 
geological engineer with a 
university degree and at least 
three years of relevant 
professional experience, who has passed a professional 
competence examination. 
(i)   Services incidental to 
manufacturing    Not regulated with specific 
legislation 
(j)   Services incidental to energy 
distribution (3)  Production and supply of 
electricity shall be in 
accordance with the Agency 
rules until such time when the 
Agency determines that a 
competitive market of 
electricity has been established.  
 
  (3)  Producers and suppliers of 
electricity (both domestic and 
foreign entities) have right to 
use transmission and 
distributive networks on non-
discriminatory and regulated 
basis, in accordance with the rules and the procedure set by 
the Agency. 
(3)  The Energy Regulatory 
Agency is an independent, 
non-profit organization issuing 
licenses for the following 
activities: 
(a)  generation of electricity for 
purchase and sale; 
(b)  transmission, distribution or 
supply of electricity for 
purchase or sale to third 
parties; 
(c)  commercial transportation, 
storage, distribution, sale or 
supply of gas, petroleum, or 
petroleum products; 
(d)  the market operator; 
(e)  the distribution operator; and 
(f)  transmission system operator.   
Any foreign or domestic entity shall 
be entitled to provide Energy Sector 
services pursuant to the Licence The Law on Energy (RM OG 
No. 39/03)  
  WT/ACC/CGR/4
 Page 11Mode(s) of Supply:  (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence  (4)  Presence of natural perso ns  (5)  Relationship between modes of supply 
Sector or sub-sector Measures relating to market access Measures relating to national 
treatment Measures relating to domestic 
regulation Relevant Laws and Regulations 
terms and conditions. 
Pursuant to its authority, Agency 
shall promulgate Secondary 
Legislation to facilitate the 
establishment of market where 
electricity can be traded through a 
Market Operator. Energy sector 
activities shall be conducted as Public Services. 
Commercial transportation, storage, 
distribution, sales or supply of 
petroleum products and gas, shall be 
performed in accordance with the 
terms and conditions of the licenses 
granted by the Agency. 
(k)   Placement and supply services 
of Personnel    Rulebook on Assistance with 
Employment (RM OG 52/02) 
(l)   Investigation and security    Not regulated with specific 
legislation 
(m)   Related scientific and technical 
consulting services    Not regulated with specific 
legislation 
(n)   Maintenance and repair of 
equipment (not including 
maritime vessels, aircraft or 
other transport equipment)    Not regulated with specific 
legislation 
(o)   Building-cleaning services (p)   Photographic services 
(q)   Packaging services    Not regulated with specific 
legislation 
(r)   Printing, publishing   Both  legal and natural persons may 
publish printed matter. Publishers 
are entered into the Register kept by 
the Ministry responsible for cultural 
activities. The Law on Publishing (RM OG 
No. 20/95, 22/95, 64/02) 
(s)   Convention services    Not regulated with specific 
legislation 
II.   COMMUNICATION SERVICES 
1.   Postal services* (3)  The only provider of postal 
services in Montenegro is the 
state owned PTT.  
 (3)  The Government covers part of 
the losses of the Montenegro 
Postal Services from the 
Budget, as compensation for 
providing elements of 
universal postal services.  The Law on Postal, Telegraph and 
Telephone Services (FRY OG 
No. 2/86, 26/90)  
General Conditions for the Provision 
of Postal Services (FRY OG 
No. 15/98)  
 WT/ACC/CGR/4 
Page 12 Mode(s) of Supply:  (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence  (4)  Presence of natural perso ns  (5)  Relationship between modes of supply 
Sector or sub-sector Measures relating to market access Measures relating to national 
treatment Measures relating to domestic 
regulation Relevant Laws and Regulations 
2.   Courier services    Not regulated with specific 
legislation 
3.   Telecommunication services  
 
   (3)  Agency for 
telecommunications issues 
general and special licenses 
(for limited resources) for 
telecommunications and keeps 
registers for all licensed 
telecommunication suppliers.  The Law on Telecommunications 
(RM OG No. 59/00) 
 
(a)   Voice Telephone services 
(b)   Packet-switched data 
transmission services   
(c)   Circuit-switched data 
transmission services 
(d)   Telex services 
(e)   Telegraph services 
(f)   Facsimile services 
(g)   Private leased circuit services 
(h)  Electronic mail (i)   Voice mail 
(j)   On-line information and data 
base retrieval 
(k)   Electronic data 
interchange(EDI) 
(l)   Enhanced/value-added 
facsimile services, including 
store and forward, store and 
retrieve 
(m)  Code and protocol conversion 
(n)   On-line information    The Law on Telecommunications 
(RM OG No. 59/00) 
  
  WT/ACC/CGR/4
 Page 13Mode(s) of Supply:  (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence  (4)  Presence of natural perso ns  (5)  Relationship between modes of supply 
Sector or sub-sector Measures relating to market access Measures relating to national 
treatment Measures relating to domestic 
regulation Relevant Laws and Regulations 
4.   Audiovisual services 
(a)  Motion picture and videotape 
production and distribution 
services    (3) (4) Foreign producer who shoot 
movie or TV series alone, need 
to pay fee of US$ 3,000 for 
foreign movie of regular 
duration; for movie of regular 
size and TV series US$ 5,000 
and for short film as well as 
for documentary film US$ 300 
fee per each day of shooting. 
This fee amount is budget 
revenue and it is intended to 
support production of domestic 
film. (3) (4) Any person may be involved 
in production, circulation, 
movies rental and public 
presentation of movies.  
Producer of domestic movies 
must be inscribed in the Court 
Register after he/she gets 
approval from the ministry in 
charge for culture. Distribution 
of movies may be performed 
by any person who is 
registered for such activity.  
For foreign films, distributor 
also needs to be registered for 
foreign trade transactions.   The Law on Cinematography (RM 
OG No. 45/93, 27/94) 
The Law on Broadcasting  (RM OG 
No. 51/02, 62/02, 46/04, 56/04) 
(b)   Motion picture projection 
service   (3) (4) Persons who intend to 
publicly present movies must 
be inscribed in register and approved by the producer of a 
domestic movie or the 
distributor of a foreign movies.  The Law on Cinematography (RM 
OG No. 45/93, 27/94) 
(c)   Radio and Television services (d)   Radio and television 
transmission services (3)  A broadcasting licence may 
not be held by a religious 
community, or other religious 
organization, except on local 
level; or  a political party, 
organization or coalition  or a 
legal entity established by such 
party, organization or 
coalition.  (3) (4) A foreign person may not 
participate in the basic capital 
of a broadcasting company. 
Broadcasting licence holders must 
be residents of Montenegro. 
Domestic legal entity with foreign 
legal entities am ong its founders, 
registered in the countries where it is 
not permitted or where it is not 
possible to determine the origin of 
foundation capital, may not 
participate in public tender for 
transmission and broadcasting of 
radio signals. (3) (4) Broadcasting licenses are 
issued for 10 years, and may 
be extended.  
 
 The Law on Broadcasting (RM OG 
No. 51/02, 62/02) 
 
 
(e)   Sound recording    Not regulated with specific 
legislation  
 WT/ACC/CGR/4 
Page 14 Mode(s) of Supply:  (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence  (4)  Presence of natural perso ns  (5)  Relationship between modes of supply 
Sector or sub-sector Measures relating to market access Measures relating to national 
treatment Measures relating to domestic 
regulation Relevant Laws and Regulations 
III.   CONSTRUCTION AND RELATED ENGINEERING SERVICES 
1.   General construction work for 
buildings 
2.   General construction work for 
civil engineering 
3.   Installation and assembly work 
4.   Building completion and 
finishing work 
5.   Other  
 
  (3)  Companies must be registered 
for making of space and urban 
plans.  
(3) (4) Technical documentation 
may be prepared by a 
company, or other legal entity 
entered in the appropriate 
registry for preparation of 
technical documentation for 
such type of facility, having at 
least one employee with 
university degree and 
designing authorization for 
each part of the technical 
documentation.  Technical 
documentation fo r facilities, 
for which construction licence 
is issued by the competent 
ministry, may be prepared by a 
company entered in the 
appropriate registry for 
preparation of technical 
documentation for such type of 
facility, having at least two 
employees with university 
degree and designing 
authorization for each part of 
the technical documentation.   
(3) (4) Construction, or performing 
of construction works  may be 
implemented by a company, or 
other legal entity entered in the 
appropriate registry for 
construction of such facilities 
and having at least one 
employee with university 
degree in the relevant field and 
authorization to manage 
construction.   
Construction of facilities, for which 
construction licence is issued by the 
ministry competent for construction, The Law on Space and Urban 
Planning (RM OG No. 16/95, 22/95, 
10/00) 
The Law on Construction (RM OG 
No. 55/00)  
  WT/ACC/CGR/4
 Page 15Mode(s) of Supply:  (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence  (4)  Presence of natural perso ns  (5)  Relationship between modes of supply 
Sector or sub-sector Measures relating to market access Measures relating to national 
treatment Measures relating to domestic 
regulation Relevant Laws and Regulations 
may be performed by a company 
entered in the appropriate registry 
for construction of such facilities, or 
for performing certain works on the 
facility, having at least three 
employees with university degree in 
the relevant field and authorization 
to manage such construction. In addition, company and employees 
must have appropriate professional 
results in construction of such 
facilities and appropriate technical-
technological capacities for 
implementation of these types of 
work. 
Fulfilment of these requirements is 
determined by the Engineering 
Chamber of the Republic of 
Montenegro through licensing.   
Construction licence is issued other 
for whole construction or for part of 
it, subject to following 
documentation:  
- final decision on location 
- main project on which is given 
urban planning approval 
- report of commission for 
technical control which 
confirms that main project is 
produced in accordance with 
the Law on Construction and 
technical regulations 
- document which prove 
ownership or other right on 
construction land, or on rights 
on structure that need to be 
build or reconstructed 
- proof on payment of fee for 
preparation of construction 
land  
Licenses: 
Companies involved in design,  
 WT/ACC/CGR/4 
Page 16 Mode(s) of Supply:  (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence  (4)  Presence of natural perso ns  (5)  Relationship between modes of supply 
Sector or sub-sector Measures relating to market access Measures relating to national 
treatment Measures relating to domestic 
regulation Relevant Laws and Regulations 
planning, or construction must be 
licensed by the Engineering 
Chamber of the Republic of 
Montenegro.    
Authorizations: 
Individuals involved in design, 
planning, or construction must be 
authorized by the Engineering Chamber of the Republic of 
Montenegro.    
IV.   DISTRIBUTION SERVICES 
1.   Commission's agents services 
2.   Wholesale trade services 
3.   Retailing services 
4.   Franchising 
5.   Other   (1) (3) (4) Any legal or natural 
domestic or foreign person 
may be involved in foreign 
trade transactions, internal 
trade and provision of services 
related to the  goods 
circulation without restrictions 
other than those that may be imposed as prudential 
regulations. The Law on Foreign Trade (RM OG 
No. 28/04) 
Law on Circulation of Goods (SRM 
OG No. 6/78, 8/79, 34/81, 15/83, 
17/87, 19/89) 
V.   EDUCATIONAL SERVICES 
1.   Primary education services  A private elementary school may be 
established by a domestic natural or 
legal person. (3)  Primary school may be 
organized as public or private 
institution. Institutions for 
elementary education must be 
licensed and entered in the 
Central Registry of the 
Commercial Court. 
(4)  The educational work can be 
carried out by the teacher who, 
has passed professional 
competence exam and fulfils 
general requirements and other 
specific requirements 
prescribed by the Law on 
Elementary Education. 
Elementary school teaching 
may be performed by teachers 
to whom the teaching language 
is native or teachers who have 
graduated at the appropriate 
faculty in a teaching language. The Law on Elementary Education 
(RM OG No. 64/02)  
  WT/ACC/CGR/4
 Page 17Mode(s) of Supply:  (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence  (4)  Presence of natural perso ns  (5)  Relationship between modes of supply 
Sector or sub-sector Measures relating to market access Measures relating to national 
treatment Measures relating to domestic 
regulation Relevant Laws and Regulations 
Exceptionally, course teaching 
may be performed by teachers 
who did not graduate at the 
faculty in a teaching language, 
provided they had 
demonstrated their literary 
language competence for the 
teaching language before the state commission designated 
by the Ministry of Education. 
2. Secondary education services   (3) (4) Secondary education is 
offered in comprehensive 
schools, vocation schools . 
Secondary education schools 
may be organized either as 
public or as private schools by 
domestic or foreign legal or 
natural person.  Secondary 
education schools must be 
licensed and entered in the 
Central Registry of the 
Commercial Court.  The Law on Grammar School (RM 
OG No. 64/02) 
Law on Professional Education (RM 
OG No. 64/02) 
 
3.   Higher education services   (3)  Higher education institutions 
must be licensed by the 
Ministry of Education and 
Science and accredited by the 
Council for Higher Education.  
The type of the institution, 
accredited styding programs, 
maximal number of students that can 
attend particular styding programs, 
as well and degrees and diplomas 
which may be acquired are 
determined in the licence. 
Education for domestic regular 
students is free, whereas part time 
students pay tuition. Foreign 
students pay a higher tuition fee 
unless international agreement 
provides otherwise. The Law on Universities (RM OG 
No. 60/03) 
The Law on Higher Education (RM 
OG No. 60/03)  
 WT/ACC/CGR/4 
Page 18 Mode(s) of Supply:  (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence  (4)  Presence of natural perso ns  (5)  Relationship between modes of supply 
Sector or sub-sector Measures relating to market access Measures relating to national 
treatment Measures relating to domestic 
regulation Relevant Laws and Regulations 
4.   Adult education services   (3)  Adult education may be 
organized by the school, 
specialized organization for 
adult education as well as by 
any other domestic or foreign 
legal or natural person. The Law on Adult Education (RM 
OG No. 64/02) 
5.   Other education services   (3)  Kindergartens may be 
organized by the state, local 
self-government, or by any 
other domestic or foreign legal 
or natural person. The Law on Preschool Education 
(RM OG No. 64/02) 
VI.   ENVIRONMENTAL SERVICES 
1.  Sewage services 
2.   Refuse disposal services 
3.   Sanitation and similar services 
4.   Other (3)  Utility services are provided 
by municipalities through  
public utility companies that 
provide water supply, sewage 
services; refuse disposal 
services, maintenance of 
streets, parks…etc. Other legal 
entities and entrepreneurs may 
supply these serv ices as well, 
with exception of potable 
water management services 
which may be provided 
exclusively through public 
utility companies.    The Law on Utility Services (RM 
OG No. 12/95) 
VII.   FINANCIAL SERVICES1 
1. All insurance and insurance-related services 
(a)   Life, accident and health 
insurance services 
(b)   Non-life insurance services 
(c)   Reinsurance and retrocession 
(d)   Services auxiliary to insurance 
(including broking and agency 
services) (1)   Domestic persons may not use 
insurance services of foreign 
insurance companies except 
for goods exported from or 
imported to Montenegro.  
Foreign persons may insure 
their property in Montenegro 
with foreign insurance 
companies unless insurance is 
mandatory under Montenegrin 
laws, in which case insurance 
may be written only by 
Yugoslav insurance (3)  Foreign persons may form an 
insurance company as a joint 
venture with domestic persons, 
subject to reciprocity. Foreign 
insurance companies may have 
representative offices but may 
not have branch offices or 
subsidiaries.   
(3)  An insurance company in 
which foreign capital is 
invested may not be involved 
in the reinsurance business 
abroad. The Decree on Personal and 
Property Insurance takes precedence 
over the old Federal Law on 
Personal and Property Insurance.  
(3)  The Ministry of Finance 
supervises all insurance and 
reinsurance companies; the 
Central Bank of RM 
supervises insurance 
companies involved in the 
insurance of deposits. The Law on Personal and Property 
Insurance (FRY OG No. 30/96, 
57/98, 21/99, 44/99, 53/99, 55/99) 
Decree on Personal and Property 
Insurance (RM OG No. 42/00) 
The Law on Contracts and Torts 
(SFRY OG No. 29/78 FRY OG 
No. 31/93, 22/99, 44/99) 
Regulation on Qualification 
Requirements for Insurance 
Company Managers (FRY OG 
No. 39/96) 
                                                      
1 New law in preparation  
  WT/ACC/CGR/4
 Page 19Mode(s) of Supply:  (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence  (4)  Presence of natural perso ns  (5)  Relationship between modes of supply 
Sector or sub-sector Measures relating to market access Measures relating to national 
treatment Measures relating to domestic 
regulation Relevant Laws and Regulations 
companies. 
(1)  Domestic insurances 
companies my reinsure with 
foreign reinsures only when it 
is not possible to cover all 
risks with domestic 
reinsurance companies. (3)  Foreign reinsurance brokers 
may not have branch offices, 
representative's offices or fully 
owned subsidiaries in the 
Montenegro. Decree on Acquisition of an 
Actuary's Licence (FRY OG 
No. 24/97, 17/98) 
2. Banking and other financial se rvices (excluding insurance) 
 (3)  Banks must be formed as Joint 
Stock Companies.  Bank may 
be established by at least two 
founders, domestic or foreign 
natural or legal persons, 
having to provide minimum 
charter capital of € 5 million.  
(3)  Acquisition of bank shares in 
excess of prescribed limits is 
controlled by the Central 
Bank, through same methods and techniques applied for 
issuing bank's operational 
licence and controlling the 
work of banks. (3)  Foreign banks may establish 
their branches- affiliations and 
representative offices in 
Montenegro. Representative 
office of a foreign bank may 
not engage in banking 
activities.   
 (3)   The Central Bank has 
established various regulations 
governing the manner in which 
banks may invest their assets 
and in what activities banks 
may engage. 
 The Law on Banks (RM OG 
No. 52/00, 53/00, 47/01, 32/02, 
55/03) 
The Law on Central Bank of 
Montenegro (RM OG No. 52/00, 
53/00, 47/01) 
 
 
(a)   Acceptance of deposits and 
other repayable funds from the 
public   
  (3)  Banks licensed by the Central 
Bank are obliged to provide 
protection of deposits in 
accordance with the 
requirements and manner 
prescribed by the law.  
The Fund for Deposit Protection 
performs protection of deposits in 
banks and is obliged at the time of 
occurrence of a protected case (on 
the day of instigating bankruptcy 
procedure or liquidation) to make the 
payment the guaranteed deposits up 
to € 5,000 per depositor. The Law on Deposit Protection (RM 
OG No. 40/03) 
Law on Banks (RM OG No. 52/00, 
53/00, 47/01, 32/02, 55/03) 
Law on Bankruptcy and Liquidation 
of Banks (RM OG No. 47/01)  
 WT/ACC/CGR/4 
Page 20 Mode(s) of Supply:  (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence  (4)  Presence of natural perso ns  (5)  Relationship between modes of supply 
Sector or sub-sector Measures relating to market access Measures relating to national 
treatment Measures relating to domestic 
regulation Relevant Laws and Regulations 
(b)   Lending of all types, including 
inter alias, consumer credit, 
mortgage credit, factoring and 
financing of commercial 
transactions    The Law on Banks (RM OG 
No. 52/00, 53/00, 47/01, 32/02, 
55/03) 
 
(c)   Financial leasing    Not regulated with specific 
legislation 
(d)   All payment and money 
transmission services    The Law on Banks (RM OG 
No. 52/00, 53/00, 47/01, 32/02, 
55/03) 
(e)  Guarantees and commitments    Law on Banks (RM OG No. 52/00, 
53/00, 47/01, 32/02, 55/03) 
(f)   Trading for own account or for 
account of customers; whether 
on an exchange, in an over-
the-counter market or 
otherwise, the following:  
- money market instruments 
(Cheques, bills, certificate of 
deposits, etc.);  
- foreign exchange;  
- derivative products include, 
but not limited to futures and 
options; 
- exchange rate and interest rate 
instruments, including 
products such as swaps, 
forward rate agreements, etc.;  
-  transferable instruments and 
financial assets, including 
bullion (3)  Activities such as brokerage, 
dealing, investment 
management, may be provided 
by companies formed as JSC 
only, with the exception of the 
investment consultancy, which 
may be provided by LLC or 
individual entrepreneurs.   (3)  Montenegro Law on Securities 
provides that a securities 
exchange must have at least 8 
founders and minimum capital 
of DM 200,000. A licence 
m u s t  b e  i s s u e d  b y  t h e  
Securities Commission, and 
the exchange must be 
registered in the Court 
Register.  
The activities with the securities may 
be performed by the certified 
participants at the securities market 
which perform that as the sole 
activity in accordance with their 
operating licence.  
The legal entity that has at least two 
permanent employees who are 
trained for performance of those activities, may get the licence for 
performance of brokerage, dealer 
and investment manager activities, in 
accordance with the rules of 
Commission.   
The Commission may issue the 
licence for performmance of 
activities with securities to the bank 
which has the approval of the 
Central Bank of Montenegro and if 
has separate organizational part Law on Securities (RM OG 
No. 59/00, 10/01) 
Rules on Issuing Operational 
Licence to Authorized Participants 
in the Securities Markets (RM OG 
No. 16/01) 
Rules on Exchange Operating 
Licence Issuance (RM OG 
No. 16/01, 45/01) 
Statute of "Montenegroberza"-
Mixed Financial Exchange 
Podgorica (FRY OG No. 7/98) 
  
  WT/ACC/CGR/4
 Page 21Mode(s) of Supply:  (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence  (4)  Presence of natural perso ns  (5)  Relationship between modes of supply 
Sector or sub-sector Measures relating to market access Measures relating to national 
treatment Measures relating to domestic 
regulation Relevant Laws and Regulations 
which deals only with the securities.  
(3)  The minimal capital required 
for the companies in this sector 
ranges from DM 20,000 to DM 
500,000. All activities are 
licensed by the Securities 
Commission. 
(g)   Participation in the issues of 
all kinds of securities, 
including underwriting and 
placement as agent (whether 
publicly or privately) and 
provision of service related to 
such issues   Trade in securities is supervised by 
the Securities Commission. All 
issued securities must be registered 
in the Central Depository Agency. Law on Securities (RM OG 
No. 59/00, 10/01) 
 
 
(h)   Money broking    Not regulated with specific 
legislation. 
(i)   Asset management, such as 
cash or portfolio management, 
all forms of collective 
investment management, 
pension fund management, 
custodial depository and trust 
services (3)  An Investment fund must be 
organized as a joint stock 
company.  
A company for Investment Fund 
Management must be  organized as a 
joint stock company or limited 
liability company established for the 
purpose of establishing and 
managing an investment fund and 
may not engage in any other activity.   (3)  Money share of the charter 
capital of the management 
company managing only one 
investment fund, may not be 
less than € 125,000, and the 
one managing more than one 
investment funds must 
increase the money share of 
the charter capital by € 75,000, 
for each following fund.  An 
investment fund is a joint stock 
company, established by the 
underwriting of shares based 
on tender, and the minimum 
charter capital of an 
investment fund is € 500,000.   Law on Investment Funds (RM OG 
No. 49/04) 
(j)   Settlement and clearing 
services for financial assets, 
including securities, derivate 
products and other negotiable 
instruments (3)  This type of services may be 
provided by Central 
Depository of Securities only. 
  (3)  Central Depositary Agency is a 
Joint Stock Company whose 
share holders may be the 
Republic, authorized 
participants, stock exchanges, 
banks and other legal entities, 
while individual shareholder of 
the Central Deposit Agency 
may have voting shares, 
representing 35% of the total 
number of the shareholder's  
votes at the most. Law on Securities (RM OG 
No. 59/00, 10/01) 
Rules of the Central Deposit Agency 
(RM OG No. 28/01)  
 WT/ACC/CGR/4 
Page 22 Mode(s) of Supply:  (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence  (4)  Presence of natural perso ns  (5)  Relationship between modes of supply 
Sector or sub-sector Measures relating to market access Measures relating to national 
treatment Measures relating to domestic 
regulation Relevant Laws and Regulations 
(k)   Advisory and other auxiliary 
financial services on all the 
activities listed in Article 1B 
of MTN>TNC/W/50, 
including credit reference and 
analysis, investment and 
portfolio research and advice, 
advice on acquisitions and on corporate restructuring and 
strategy    Not regulated with specific 
legislation 
(l)   Provision and transfer of 
financial information, and 
financial data processing and 
related software by providers 
of other financial services    Law on Banks (RM OG No. 52/00, 
53/00, 47/01, 32/02, 55/03) 
VIII. HEALTH RELATED AND SOCIAL SERVICES2  
1.   Hospital services   (3) (4) Health care institution may 
start operating and conduct 
health care activities under the 
conditions prescribed by law 
and regulations by the Ministry 
of Health.  The decision on 
meeting the requirements is 
issued by the Ministry of 
Health.  
The accreditation of health care 
institutions is voluntary; 
Accreditation is obtained by the 
health care institution for which the 
commission establishes that it meets 
defined standards for a specified area 
of health protection, or branch of 
medicine.  The Law on Health Care (RM OG 
No. 39/04) 
 
 
 
 
The Law on Health Insurance (RM 
OG No. 39/04) 
                                                      
2 Other than those listed under 1. A. h-j  
  WT/ACC/CGR/4
 Page 23Mode(s) of Supply:  (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence  (4)  Presence of natural perso ns  (5)  Relationship between modes of supply 
Sector or sub-sector Measures relating to market access Measures relating to national 
treatment Measures relating to domestic 
regulation Relevant Laws and Regulations 
2.   Other human health services     Law on Health Care (RM OG 
No. 39/04)   
3.  Social services   (3)  Founder of social institution 
may start with its activities 
when authorities in charge for 
social affairs determined that 
institution fulfils all prescribed 
conditions related to personnel, 
equipment and facilities. The Law on Social and Children 
Protection (RM OG No. 79/04) 
IX.   TOURISM AND TRAVEL RELATED SERVICES 
1.   Hotels and restaurants (incl. 
catering)   (3)  Commercial hotels and 
restaurants must be registered 
and hold a certificate of 
category issued by the RM 
Ministry of Tourism, which 
sets minimal technical 
requirements.  
(4)  Natural persons may supply 
such services in their own 
premises (hous es, apartment 
buildings) provided they have 
approval and aforementioned 
certificate of category issued 
by local administration.  
Natural persons may lease their 
houses, rooms and apartments 
provided they have contract with 
travel agency or company that is 
registered for performance of tourist, 
or catering services.  The Law on Tourism (RM OG 
No. 32/02, 41/02, 45/02, 38/03) 
 
2.   Travel agencies and tour 
operators services  
 
 
  (3)  The RM Ministry of Tourism 
sets minimal technical 
conditions and requirements 
for travel agency and tour 
operator activity.  
There are two types of travel 
agencies: tour operators and 
agencies which activate as dealers.  
Tour operators must be legal entities 
registered in the Commercial Court 
and must be licensed by the Ministry 
of Tourism.  Tour operators are 
required to have certain numbers of The Law on Tourism (RM OG 
No. 32/02, 41/02, 45/02, 38/03)  
 WT/ACC/CGR/4 
Page 24 Mode(s) of Supply:  (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence  (4)  Presence of natural perso ns  (5)  Relationship between modes of supply 
Sector or sub-sector Measures relating to market access Measures relating to national 
treatment Measures relating to domestic 
regulation Relevant Laws and Regulations 
qualified personnel, and are subject 
to various regulations of the Ministry 
of Tourism.   
3. Tourist guides services   (4)  A tourist guide must have 
finished at least secondary 
school; must speak at least one 
foreign language and must 
have passed a tourist guide 
exam administered by the RM 
Ministry of Tourism. The Law on Tourism (RM OG 
No. 32/02, 41/02, 45/02, 38/03) 
3.   Other  (3) (4) The Law on Tourism 
provides for subsidies in order 
to stimulate certain types of 
tourism.   (4)  Tourist tracer may be natural 
person who must have finished 
at least secondary school; must 
speak at least one foreign 
language and must have passed 
tourist tracer exam, before the 
commission of tourist agency.  
(4)  Tourist entertainment services 
may be perform by person who has passed tourist 
entertainment exam before the 
panel of experts of the RM 
Ministry of Tourism which 
also sets the program for the 
exam and who speaks at least 
two foreign languages.  
(3)  Tourism services related to ski 
sports may be provided by 
companies, other legal entities 
and entrepreneurs who have 
operational licence issued by 
the local-self government. 
(3) (4) Companies, other legal 
entities and entrepreneurs may 
provide services related to 
nautical tourism if they get 
approval from Ministry of 
Tourism or from local self-
government, depending on 
type of navigable facility they 
plan to use. Natural persons 
may also provide nautical 
tourism services with approval The Law on Tourism (RM OG 
No. 32/02, 41/02, 45/02, 38/03)  
  WT/ACC/CGR/4
 Page 25Mode(s) of Supply:  (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence  (4)  Presence of natural perso ns  (5)  Relationship between modes of supply 
Sector or sub-sector Measures relating to market access Measures relating to national 
treatment Measures relating to domestic 
regulation Relevant Laws and Regulations 
from the local self-
government.  
X.  RECREATIONAL, CULTURAL AND SPORTING SERVICES3 
1.   Entertainment services (incl. 
theatre, live bands and circus 
services)   
 (3)  Theatre may start operation 
when the ministry in charge of 
culture determines that the 
conditions with regard to 
professional personnel, 
premises, equipment and funds 
are fulfilled. The theatre 
acquires the status of a legal 
person by recordation in the 
court register.  The Law on Theatre Activity (RM 
OG No. 60/01) 
2.   News agency services  (3)  Foreign states, international 
organizations and founds may 
establish their informative 
institutions based on 
agreement concluded with 
Government. These 
institutions are legal entities 
and have to be inscribed in 
Register of foreign informative 
institutions kept by the 
responsible entity.    (3)  The Law on Media guarantees 
freedom of public information 
and any domestic person may 
be a founder of a news agency 
by inscription in Media 
Register.  
The Republic, local self 
administration and the legal entity 
which is mostly state owned, or 
which is mostly or partially financed 
from the public sources, may not be 
the founder of media, except under 
conditions prescribed by the Law on 
Broadcasting. The Law on Media (RM OG 
No. 51/02, 62/02) 
3.   Libraries, archives, museums 
and other cultural activities   (3) (4) Local authorities organize 
library activities within their 
territories, while the Ministry of Culture sets technical 
standards for library activity.  
(3) (4) For the establishment of 
museums, the conditions need 
to be fulfilled with regard to 
the: 
a.  relevant museum material, 
b.  funds for establishment and 
start of operations, 
c.  appropriate premises, The Law on Library Activity (RM 
OG No. 16/77, 2/89,29/89, 39/89, 
27/94)  
The Law on Museum Activity (SRM 
OG No. 26/77, 30/77, 33/89) 
The Law on Archive Activity (RM 
OG No. 25/92, 6/94) 
                                                      
3 Other than audiovisual services  
 WT/ACC/CGR/4 
Page 26 Mode(s) of Supply:  (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence  (4)  Presence of natural perso ns  (5)  Relationship between modes of supply 
Sector or sub-sector Measures relating to market access Measures relating to national 
treatment Measures relating to domestic 
regulation Relevant Laws and Regulations 
d.  equipment and 
e.  professional personnel. 
4.   Sporting and other recreational 
services    The Law on Sport (RM OG 
No. 13/94, 27/94) 
XI.  TRANSPORT SERVICES 
1. Maritime Transport Services 
(a)   Passenger transportation (b)   Freight transportation 
(c)   Rental of vessels with crew 
(d)   Maintenance and repair of 
vessels 
(e)   Pushing and towing services 
(f)   Supporting services for 
maritime transport  (3) (4) Passenger and freight 
transportation between two 
points in Montenegro 
(cabotage) may be performed 
only by domestic vessels.  
Non-commercial passenger 
transportation with foreign yacht or 
foreign boat is not considered 
cabotage.  
Abandoned vessels and cargo may 
not be salvaged by foreign legal or 
natural persons except with approval 
of the port authorities. 
(4)  Pilotage in waterways, ports 
and wharfs of Montenegro 
may not be performed by 
foreign legal and natural 
persons. 
(3) (4) For vessels of certain type 
and size the pilotage is 
mandatory. With regard to the 
use of pilotage services and 
payment of fees for such 
services, the foreign vessels are treated equally as domestic 
vessels, subject to reciprocity. 
Vessels documents of foreign 
vessels are recognized subject to 
reciprocity.  
(4)  The officer in command of a 
domestic vessel must be a 
citizen of Serbia and 
Montenegro. 
(3) (4) Towing which starts and ends (3)  Foreign legal and natural 
person may establish or invest 
in company for the purpose of 
managing the port or wharf in 
accordance with regulations on 
foreign investment.   
 The Law on Maritime and Internal 
Shipping (FRY OG No. 12/98, 
44/99, 74/99, 73/00) 
The Law on Maritime and Internal 
Shipping (SRM OG No. 19/78, 8/79, 
19/87, 36/89, 13/91 and RM OG 
No. 48/91, 17/19, 27/94) 
Naval Customary Rules (FNRY OG 
No. 2/51)  
  WT/ACC/CGR/4
 Page 27Mode(s) of Supply:  (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence  (4)  Presence of natural perso ns  (5)  Relationship between modes of supply 
Sector or sub-sector Measures relating to market access Measures relating to national 
treatment Measures relating to domestic 
regulation Relevant Laws and Regulations 
in domestic ports, wharfs, 
costal sea or internal 
waterways (cabotage towing) 
may not be performed by 
foreign vessels without the 
approval of the ministry in 
charge for transportation.  
2.  Internal Waterways Transport 
(a)   Passenger transportation (b)  Freight transportation 
(c)  Rental of vessels with crew 
(d)  Maintenance and repair of 
vessels 
(e) Supporting services for 
internal waterway transport See: 11.A. Maritime Transport    
3. Air Transport Services 
  (3)  A foreign company may not 
provide domestic air carrier 
services. 
(4)  Officer-in-command of 
domestic aircraft must be a 
citizen of Serbia and 
Montenegro.  
 
 (3)  Air transport service providers, 
with exception of transport for 
own purposes and sport flying, 
must be registered for 
commercial activity and 
suppliers of these services 
must have certificate on ability 
to perform such services.   
Public air carriers must be registered 
in the Court Register and approved 
by the Ministry of Transport.  
Foreign air carriers operate in 
accordance with international 
agreement concluded with Serbia and/or Montenegro or in accordance 
with approval granted from ministry 
in charge for transport.  The Law on Air Traffic (FRY OG 
No.12/98, 5/99,38/ 99, 44/99, 73/00, 
70/01) 
The Law on Contracts and Torts and 
Basic Property Relations in Air 
Traffic (FRY OG No. 12/98, 15/98) 
(a)   Passenger transportation Subject to international agreements.    
(b)  Freight transportation See: 11 . C. Air Transport Services    
(c) Rental of aircraft with the crew     
(d)  Maintenance and repair of 
aircraft 
(e) Supporting services for air 
transport See: 11. C. Air Transport Services     
 WT/ACC/CGR/4 
Page 28 Mode(s) of Supply:  (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence  (4)  Presence of natural perso ns  (5)  Relationship between modes of supply 
Sector or sub-sector Measures relating to market access Measures relating to national 
treatment Measures relating to domestic 
regulation Relevant Laws and Regulations 
5.   Rail Transport Services* 
(a)   Passenger transportation 
(b)  Freight transportation 
(c) Pushing and towing services 
(d)  Maintenance and repair of rail 
transport equipment 
(e) Supporting services for rail 
transport services (3)  Railway infrastructure, except 
for industrial tracks, is state 
owned asset of public use and 
it is available for usage to all 
interested companies engaged 
in transportation, subject to the 
same conditions.   
  (3)  Railway infrastructure may be 
used by transporters for public 
transportation as well as by 
companies transporting for 
their own purposes, in 
accordance with the 
regulations, i.e. they must hold 
the transportation licence and 
the certificate on transportation 
safety issued by the competent 
authority of state 
administration, or issued in a 
foreign country subject to 
reciprocity, and they must 
have a contract on usage of 
railway infrastructure. Law on Railway (RM OG 
No. 21/04) 
 
 
6. Road Transp ort Services* 
(a)   Passenger transportation 
(b)  Freight transportation 
(c) Rental of commercial vehicles 
(d)  Maintenance and repair of road 
transport equipment 
(e) Supporting services for road 
transport service  (3) (4) Foreign carrier may perform 
cabotage only with a licence 
from the ministry of transport.  
Such licenses may be issued 
on the basis of lack of 
domestic transport capabilities. 
(3) (4) Foreign carrier may perform 
charter passenger transport 
subject to licence for 
international road transport 
and passenger's list.  
(3) (4) Foreign carrier whose seat is 
on the territory of a country 
with which Montenegro have 
an agreement on road freight 
transport may perform such 
transport on the territory of 
Montenegro subject to single-
trip licence issued by the 
ministry of transport. 
(3) (4) Licenses for new 
international passenger 
transport lines are issued by 
the Ministry of Transport in 
agreement with the relevant (3) (4) Public road transport may be 
liner or charter.  
Liner transport may be: 
- transport between 2 
municipalities 
- transport between 2 
settlements at the territory on 
one municipality, and 
- transport at the territory of 1 
city or settlement. 
Carrier may perform public liner 
road transport if he/she posses space, 
devices, equipment and experts for 
maintenance and repair of vehicles. 
Freight and passenger transport 
companies must meet certain 
requirements for number of vehicles 
and other technical issues. 
Usually, international liner road 
transport of passengers is performed 
based on agreement on bilateral or 
transit transport and on licence for 
international passengers road The Law on International Road 
Transport (FRY OG No. 60/98, 5/99, 
44/99, 74/99, 4/00) 
The Law on Road Transport (SRM 
OG No. 21/91, 24/91, RM OG 
No. 48/91, 17/92, 56/92, 27/94, 
48/99) 
The Law on Contracts and Torts in 
Road Transport (FRY OG 
No. 26/95) 
 
  
  WT/ACC/CGR/4
 Page 29Mode(s) of Supply:  (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence  (4)  Presence of natural perso ns  (5)  Relationship between modes of supply 
Sector or sub-sector Measures relating to market access Measures relating to national 
treatment Measures relating to domestic 
regulation Relevant Laws and Regulations 
foreign authorities, based on 
analysis of economic need and 
the technical capacity of the 
applicants.   Such licenses are 
subject to reciprocity. 
 transport issued by the ministry of 
transport. In the absence of such 
agreement, the Ministry of Transport 
may allow temporary international 
liner passengers road transport, 
based on an annual licence. 
International charter road passenger 
transport may be performed in accordance with international 
agreement as bilateral or transit 
transport.  In the absence of such 
agreement, the Ministry of Transport 
may issue licenses for international 
charter road transport.  
International road freight transport 
may be performed based on 
international agreement as bilateral 
or transit freight transport or 
transport of goods.  
7.   Pipeline Transport 
(a) Transportation of fuels (b) Transportation of other goods   (3)  Regulatory Agency for Energy 
is an independent and non-
profit organization that 
regulates commercial 
transportation and storage of 
oil products and gas. Law on Energy (RM OG No. 39/03) 
XII.  OTHER SERVICES NOT INCLUDED ELSEWHERE    
(a) Services in the sphere of 
industrial property  (3) (4) Foreign legal and natural 
person realise the procedure of 
industrial property protection before the Bureau for 
Intellectual Property through a 
representative, which must be 
a domestic legal or natural 
person entered in the register 
maintained by the Bureau or a 
domestic lawyer.  Law on Patents (SCG OG No. 32/04, 
35/04) 
Law on Trademark (SCG OG 
No. 61/04)  
Law on Legal Protection of Design 
(SCG OG No. 61/04) 
Law on Protection of Integrated 
Circuits (SCG OG No. 61/04) 
Law on Geographical Indications 
(FRY OG No. 15/95, 35/95) – 
preparation of new law is underway 
  
 WT/ACC/CGR/4 
Page 30 Table 2: Measures Relating to Most Favoured Nation Treatment  
Mode(s) of Supply:  (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence  (4)  Presence of natural perso ns  (5)  Relationship between modes of supply 
Sector or Sub-sector Measures Relevant Laws and Regulations 
I.   HORIZONTAL SECTION 
Real Estate: All Sectors Foreign persons acq uire real property in Montenegro only on 
the basis of reciprocity.    The Law on Basic Property Relations (SFRY OG No. 6/80, 
36/90, FRY OG No. 29/96) 
II.   SPECIFIC SECTORS 
I.   BUSINESS SERVICES 
1.   Professional Services   
(a)   Legal services (3)  Foreign natio nals who fulfil the conditions to be an 
attorney in the state of his or her citizenship can be an attorney and practice law in Montenegro, subject to 
reciprocty. The Law on Legal Practice (FRY OG No. 24/98, 26/98, 69/00, 
11/02) 
VII.   FINANCIAL SERVICES 
A.   All Insurance and Insurance-Related Services a.   Life, accident and health insurance services 
b.   Non-life insurance services 
c.   Reinsurance and retrocession 
d.   Services auxiliary to insurance (including broking and 
agency services) (3)  Foreign persons may form an insurance company as a 
joint venture, together with domestic persons, subject to 
reciprocity.  The Law on Personal and Property Insurance (FRY OG 
No. 30/96, 57/98, 21/99, 44/99, 53/99, 55/99) 
Decree on Personal and Property Insurance (RM OG 
No. 42/00) 
XI.  TRANSPORT SERVICES 
6.   Road Transport Services 
(a)   Passenger transportation Road transport licenses are issued subject to reciprocity.  
 The Law on International Road Transport (FRY OG No. 60/98, 
5/99, 44/99, 74/99, 4/00) 
The Law on Road Transport (SRM OG No. 21/91, 24/91, RM 
OG No. 48/91, 17/92, 56/92, 27/94, 48/99) 
 
 
__________