The
Republic of Montenegro,
along with the Republic
of Serbia, is one of
two federal units comprising
the Federal Republic
of Yugoslavia. This current
status was obtained in
the 1992 referendum that
followed the break-up
of the former Yugoslavia
where Montenegro was
one of the six constituent
republics. The Montenegrins,
, unlike their Serbian
counterparts, took part
in a referendum and voted "yes" in answer to the somewhat ambiguous referendum question: "Are you for, that Montenegro, as a Sovereign Republic, continues living in the
common state - Yugoslavia,
entirely equal with other
republics that wish the
same?"
According
to its Constitution,
Montenegro is defined
as a "democratic, social, and ecological state" which is "sovereign in matters that are not transferred to competence of the Federal Republic
of Yugoslavia".
A
geographic, historical
and political overview
of Montenegro
The
tradition of independent
statehood in the area
of what is now modern
Montenegro is nearly
1000 years old. Montenegro
was first internationally
recognized as a sovereign
state in 1878, prior
to which it had been
an independent Principality
for five centuries.
The history of Montenegrin
independence took a
tumble in 1918, when
Montenegro opted to
join Serbia.
The
Republic of Montenegro
is situated on the
Adriatic Sea. Its surface
area is 13.812 square
kilometers (5.333 square
miles), and it has
a population of 630,000.
In
view of the dominant
place of the Serbian-Croatian
conflict in Yugoslav
politics, little or
no attention has been
given by historians
to Montenegro’s development
the world wars (1919-1941).
Montenegro’s economic
development, including
foreign investment,
followed the lines
of political patronage,
which meant that little
of it filtered into
the country. There
was no new rail building,
no initiation of new
mineral extraction,
and little new road
construction. Having
few large estates to
expropriate, Montenegro
was almost untouched
by agrarian reform.
Port development in
the Gulf of Kotor was
confined to military
facilities. Montenegro's
most important export
in this period was
probably emigrants.
Any
dissatisfaction this
neglect may have caused
the Montenegrins is
hard to gauge, given
the centralization
of Yugoslav politics
and the proscription
of free party organization
under the royal dictatorship
after 1929. However,
it is indicative that
the Communist Party
thrived as much in
areas such as Montenegro
as it did in large
industrial centers
as Zagreb and Belgrade.
Following
the invasion and subsequent
partitioning of Yugoslavia
by the Axis powers
in April 1941, Montenegro
was taken over by the
Italians under a nominally
autonomous administration.
Within a few months
spontaneous armed resistance
began. This was divided
in its aims and loyalties
between communists
and their sympathizers
and noncommunist advocates
of union with Serbia.
At the same time, some
Montenegrin nationalists,
disappointed by the
experience of unification,
supported the Italian
administration. This
local conflict was
soon entangled within
the wider Yugoslav
struggle. The local
strength of the communist
party gave them an
effective base in Montenegro.
In addition, Montenegro’s
remoteness and difficult
terrain made it an
important refuge for
Tito's Partisan forces
during the most difficult
stage of their struggle,
and it became a relatively
safe haven after the
fall of Italy.
The
Montenegrins' traditional
Pan-Slavism and inherent
bravery made them natural
allies with the communist
ideal of a reunified
Yugoslavia. Therefore,
after the war (and
in contrast to their
former irrelevance)
a number of Montenegrins
found themselves in
high positions within
the military, political,
and economic administration.
This devotion to the
party and to Soviet
leadership, as well
as to the Pan-Slav
ideal, was partly responsible
for the large number
of Montenegrins who
sided with Stalin in
the dispute between
the Communist Information
Bureau (COMINFORM)
and the Yugoslav leadership.
These people paid for
their loyalty in subsequent
purges.
The
communist strategy
of trying to unify
Yugoslavia through
a federal structure
elevated Montenegro
to the status of a
republic, thereby securing
Montenegrin loyalty
to the federation.
Montenegro then became
a regular recipient
of large amounts of
federal aid, which
enabled it to embark
upon a process of industrialization.
In spite of an attempt
to develop the area
around Niksic as a
center of both bauxite
mining and steel production,
Montenegro’s economic
progress was continuously
hampered by its insignificance
to the federation’s
communication networks.
It wasn’t until the
early 1980s that the
Montenegrin coast emerged
as an important tourist
area.
Following
the death of Broz Tito,
the Yugoslav federation
broke up in 1989, leaving
Montenegro in a precarious
position. The first
multiparty elections
in 1990 returned the
reformed League of
Communists to power,
confirming Montenegrin
support for the disintegrating
federation. The Republic
of Montenegro joined
Serbian efforts to
preserve the Federation
and, in 1992, it joined
the "Third Yugoslavia, which comprised a federal republic consisting of Montenegro
and Serbia.
A
thumbnail sketch of
Montenegrin Offshore
and business opportunities
According
to the Law on companies,
passed in July 1996,
offshore companies
can be established
as:
*
Companies with limited
liability
* Joint-stock companies
Offshore
companies can also
be established as anonymous
companies. Companies
having limited liability
can be founded by one
or more founders, while
a joint-stock company
can be founded by at
least two founders.
The minimal amount
of capital for a limited
liability companies’
founder is $ 1.000,
while it is $10,000
for a joint-stock company.
Registration of offshore
companies can be accomplished
within 10 days.
Offshore
companies established
in Montenegro are allowed
to carry out international
trade; provide management
services, consulting
services, ship and
yacht administration,
as well as banking
and insurance services.
Offshore
companies are allowed
to export products
and services from the
Federal Republic of
Yugoslavia. These companies
can also produce films,
music records and compact
discs in Montenegro.
With consent of the
Montenegrin government,
offshore companies
can invest in Montenegro.
There
are a number of business
incentives in Montenegro.
Offshore companies
registered there are
subject to profit taxation
at the rate of 2.5%.
However, these companies
are exempted from exchange
control. They do not
have to pay taxes and
customs on duties of
imported equipment
and equipment for their
business activities
(i.e., cars, yachts,
ships, technical appliances,
furniture, etc.). Tax
provisions and other
incentives regulated
by this Law are guaranteed
up to the year 2011.
Employee
emoluments of offshore
companies are taxed
at the rate of 5%.
On investment income
and other incomes made
outside the Federal
Republic of Yugoslavia,
qualified individuals
pay taxes at the rate
of 5%.
Qualified
individuals pay a tax
rate of 2% on pensions
received from abroad.
Other individuals do
not pay tax or custom
duties on cars, yachts,
household equipment,
technical appliances
and furniture imported
for their personal
use or for use by their
families.
The
Republic of Montenegro
has adopted the Euro
as the country's legal
tender, thereby minimizing
inflation taxation
of its citizens. Without
that step, the central
bank in Montenegro
would have been under
constant pressure to
print money.
Adopting
a new tax law will
introduce one of the
lowest corporate tax
rates in Europe: a
mere 9%. Capital-exchange
restrictions have been
eliminated and repatriation
of profits accrued
by foreign investors
in Montenegro is free.
Interest rates are
markets determined
and more than 99% of
the prices are freely
set. Treating foreign
investors like domestic
ones, enjoying the
same rights and legal
protections, is intrinsic
to Montenegro's privatization,
investment and business
regulations.
To
encourage new business
development, the required
starting capital for
a limited liability
company has been reduced
to EUR1. The aluminum
industry, which accounts
for 60% of total exports,
is being privatized.
The tender for Telecom
Crna Gore, the national
fixed-line operator,
is already underway.
As
anywhere else in the
world, objections to
implementing economic
freedom in Montenegro
come from the rent-seeking
groups, monopolists,
and people benefiting
from state redistribution.
Along with this, Montenegro
also has to overcome
a barrier peculiar
to its political situation.
As one of the basic
preconditions for signing
the Association and
Stabilization Agreement
with the EU, Brussels
insisted on the "harmonization" of economic systems between Serbia and Montenegro.
There
is a problem with this.
Montenegro wants to
develop an open and
service-oriented economy
while, on the other
hand, Serbia wants
to protect its agriculture
and inherited heavy
industries. Therefore,
the harmonization of
these systems will
be problematic.
If
you would like more
information regarding
asset protection, trusts,
family limited partnerships
or the subject of this
article please call
or email our office.