Response by the Delegation of Montenegro to the Questionnaire on the Code of Conduct on Politico-Military Aspects of Security

The OSCE Secretariat bears no responsibility for the content of this document FSC.EMI/78/25 and circulates it without altering its content. The distribution by OSCE 24 April 2025 Conference Services of this document is without prejudice to OSCE decisions, as set out in documents agreed by OSCE participating States. ENGLISH only  MONTENEGRO

ANSWERS TO THE QUESTIONNAIRE ON THE CODE OF CONDUCT ON POLITICO-MILITARY ASPECTS OF SECURITY

14 April 2025

1  SECTION I: INTER-STATE ELEMENTS 1. ACCOUNT OF MEASURE TO PREVENT AND COMBAT TERRORISM

1.1 To which agreements and arrangements (universal, regional, subregional and bilateral) related to preventing and combating terrorism is your State a party?

The List of agreements and arrangements enclosed in the Annex 1 of this document.

What national legislation has been adopted in your State to implement the above-mentioned agreements and arrangements?

The national security system of Montenegro is a complex system in which, besides National Security Agency (ANB), Ministry of Internal Affairs, Police Directorate, Ministry of Defence and Armed Forces, other governmental bodies also participate, some with major and some with smaller roles. These are: Ministry of Justice, Directorate for the Protection of Classified Information (National Security Authority), Customs Administration, Tax Administration, etc.

The national laws, which regulate prevention and combating terrorism, are:

Criminal Code

Criminal Procedure Code

Office Law on Public Prosecution

Law on Courts

Law on Internal Affairs

Law on Defence

Law on the Armed Forces of Montenegro

Law on the Basic Principles of Intelligence and Security Sector

Law on Prevention of Money Laundering and Terrorist Financing

Law on the National Security Agency

Law on Asylum

Law on Border Control

Law on Foreigners

Law on Travel Documents

Law on Personal Data Protection

Law on Classified Information

Law on International Restrictive Measures

2 Law on Determining and Protecting Critical Infrastructure

Other legislative and policy developments in this area are:

Law Ratifying the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism,

Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism

These documents and laws define which criminal activities represent a criminal act of terrorism, which institutions participate in countering terrorism and in what manner, how to constantly improve Montenegro's capacities for countering terrorism, how to prevent potential terrorist financing, how to punish perpetrators of criminal acts of terrorism etc.

New national plans and strategies relating to terrorism include:

National Security Strategy,

National Defence Strategy,

Strategy for the Prevention and Suppression of Terrorism, Money Laundering and Terrorist financing for the period 2020-2025

Joint Action Plan on Counter-Terrorism for the Western Balkans

National Risk Assessment of Money Laundering and Terrorist Financing

In 2020, the Ministry of Internal Affairs, in accordance with the Law on Designation and Protection of Critical Infrastructure, established the Department for Coordination and Protection of Critical Infrastructure.

Also, the Rulebook on the Detailed Content of the Security Plan for the Protection of Critical Infrastructure was adopted, which was marked with the appropriate level of secrecy.

Strategy for the Prevention and Suppression of Terrorism, Money Laundering and Terrorist Financing for the period 2022-2025 was adopted by the Government of Montenegro at its session on 29 December 2021.

Development of a new Strategy for Prevention and Suppression of Radicalization and Violent Extremism for the period 2025-2030 is underway, with the deadline for development envisaged for the second quarter of 2025.

In 2021, the Parliament of Montenegro adopted the Law amending the Law on Internal Affairs, in which one of the most important changes is that the Police Directorate is again administrative authority within the Ministry of Internal Affairs and decision making is transferred from the Director of the Police onto the Minister of Internal Affairs. Due to the fact that FIU Montenegro is an integral part of the Police Directorate, the changed provisions of this Law also refer to the Law on PMLTF. In order to harmonize the Law on PMLTF, as Lex Specialis defining the powers and manner of FIU's work, with the Law on Internal Affairs, Law amending the Law on PMLTF was drafted and adopted. These changes are the technical ones and include mentioned changes of competencies but the provisions of the Law on PMLTF that define independence, autonomy, competences, manner of work of FIU Montenegro remained unchanged.

The mutual evaluation report of Montenegro was adopted on 66th Plenary meeting of the Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL), that was held in December 2023. In the aim of its adequate, effective and efficient implementation, the 3 Action Plan for Improving the Effectiveness of the System for the Prevention of Money Laundering and Terrorist Financing and Technical Compliance with FATF Recommendations for the Period 2024-2025, was developed and adopted by the Government of Montenegro. During 2024, the level of its implementation was 89%.

Rulebook on Internal Organization and Systematization of Workplaces of the Police Directorate has been amended in March 2021, in which, among other issues, the name of the former Department for Prevention of Money Laundering and Terrorist Financing was changed to the Department for Financial Intelligence Affairs. Changes in the Rulebook also refer to the Sector for combating organized crime and corruption. Namely, the Sector for combating organized crime and corruption and Criminal Police Sector don’t exist as separate organizational units any more. Now, at the Police Directorate there is one sector - Criminal Police Sector. The Special Police Department is a part of the Sector.

What are the roles and missions of military, paramilitary and security forces and the police in preventing and combating terrorism in your State?

Ministry of Internal Affairs, among other activities, performs administrative tasks related to: analytical monitoring of the situation and strategic planning in the area of fighting crime, law and order, road safety and other areas of police work and activities, instructive action for the implementation of strategies and policies in these areas; control over the legality and expediency of police work, procedures, expertise and efficiency in conducting police tasks; internal control of the lawfulness of police work, exercise of police powers and taking measures and actions to detect and combat offenses committed by police officers at work and in connection with work; monitoring the implementation of recommendations made in relation to police work; adoption and implementation of training programs and professional development of police officers; maintenance of ministry facilities, border crossings and other facilities shared by the Ministry and the Police Directorate; normative activities related to the Police; oversight of the implementation of the Law on Prevention of Money Laundering and Financing Terrorism within the established competences; harmonization of domestic regulations within the scope of its competence with the acquis communautaire; cooperation with international and regional organizations, as well as other tasks assigned to him.

Police Directorate (Police) performs tasks related to: protection of citizens' safety, freedoms and rights established by the Constitution; property protection; preventing and detecting criminal offenses and misdemeanours; identifying and apprehending offenders and bringing them to the competent authorities; maintaining law and order; public gatherings; certain personalities, objects and spaces; supervision and control of traffic safety; monitoring and securing the state border and exercising border control; control of entry, movement, stay and exit of foreigners; providing conditions for the execution of detention; prevention and detection of money laundering and terrorist financing; criminal expertise and investigations, criminal records and other records; international police cooperation; preparation of analyses, studies, and monitoring of certain security issues; as well as other matters assigned to her by the jurisdiction.

Police Directorate fights against crime in all of its forms, which also includes terrorism. Police Directorate has three organizational units that are in charge for combating terrorism and terrorism financing, in particular: Sector for Fighting Organized Crime and Corruption, Sector for Financial Intelligence Affairs (FIU) and Special Police Department.

Under the Police Directorate fight against terrorism which is now under the competence of the Special Police Department is achieved through cooperation with Special Public Prosecutor’s Office. As regards fight against terrorism, Special Police Department takes measures and actions directed towards prevention, detection and

4 investigation of criminal offences of terrorism, as well as the study of the situation and manifestations of crime in this area and the planning and execution of police activities in dealing with the most complex cases in this field.

The main goal and activities that are undertaken for the prevention and supression of terrorism are achieving the highest level of protection of state, its citizens, values, interests and resources from the threat and consequences of terrorism, while at the same time providing the most effective contribution to the international efforts in the fight against terrorism.

Objectives in the fight against terrorism are achieved by conducting the measures for prevention, supression, criminal prosecution and processing of individuals that have links with terrorism, strengthening inter-sectoral cooperation and international cooperation.

The perpetrators of this criminal offence are subject to domestic and international legal obligations regarding the fight against terrorism. In this regard, persons conducting activities of propaganda and incitement to terrorism, recruitment of Montenegrin citizens for terrorist attacks, logistical support and financing of terrorist offenses will be prosecuted in accordance with the Criminal Code of Montenegro, respecting basic human rights and freedoms, as well as provisions of international law.

When it comes to the threat of terrorism, Police encounters the following specificities:

- Activities of members and supporters of radical religious groups, organizationally and functionally connected with like-minded people in the region and beyond;

- return of foreign terrorist fighters from conflict areas to Montenegro or countries of the region, further radicalized and trained to carry out a terrorist attack;

- Risk of terrorist infiltration in the conditions of mass influx of migrants and refugees across our territory.

Special emphasis is on enhancing institutional cooperation for the efficient exchange of data and information, as well as on cooperation with international organizations and EU agencies.

Officers of the INTERPOL-Europol-SIRENE Department of International Operational Police Cooperation in the Criminal Police Sector, use Europol's services and products, and have continuous cooperation with Europol and our Europol liaison officer. Cooperation relates to the exchange of information on foreign terrorist fighters and persons who can be contacted by terrorist organizations. From 2020 – March 2025, there were no registered departures/returns of Montenegrin citizens to/from foreign battlefields. Montenegro has not implemented the repatriation of their own citizens. According to the available data, 6 Montenegrin citizens are on the battlefield in Syria, of which 3 are women and 2 children, and one fighter is in prison in the conflict zone. A Montenegrin citizen who was imprisoned in another country (Turkey) as a foreign terrorist fighter has since died. According to available data, at least two children were born in Syria from the marriages of Montenegrin citizens. Officers of this Department also carry out, through Europol's CT SIENA communication channel, an ongoing international exchange of information with national Anti-Terrorist Unit, EU Member States, Western Balkan countries and other non-EU countries that are Europol's operational partners. This exchange of information is always accompanied by the necessary cross-checks carried out at national level. During 2020, 242 communications were exchanged through CT SIENA. In addition to this, these officers, on the basis of previous queries of the Sector for Financial Intelligence Affairs, carry out checks on persons on suspicion of committing the criminal offense of Financing Terrorism through the CT Operations Center of EUROPOL. Upon requests of the Montenegrin police, checks were carried out on 37 persons on suspicion of

5 terrorist financing and 2 persons on suspicion of links to terrorism. Upon requests of other states, checks were carried out on 26 persons on suspicion of links to terrorism and terrorist financing and one NGO on suspicion of terrorist financing.

Also, according to the needs of other organizational units of the Police Directorate, primarily the Sector for Fighting Organized Crime and Corruption, whose jurisdiction is the investigation of criminal offences of terrorism and participation in foreign armed formations, Europol products, services and analytical tools in investigations related to combating terrorism are being utilized. The SIENA Communication Channel has been expanded, i.e. made available and used by officers of the Special Police Division, which directly enables greater use of this channel in the fight against terrorism, especially in investigations, and thus more proactive and effective use of Europol products and services, especially in areas of terrorism investigation.

This Department continuously takes strategic information and reports of Europol concerning terrorism and violent extremism.

In addition to the above, officers of the Police Directorate are actively involved in the work of Europol's analysis project, which relates to foreign terrorist fighters and actively exchange data for the production of Europol's document – Annual reports on state and trends in the field of terrorism ("TE-SAT").

In addition, in the Special Police Sector, which includes the Counter Terrorist Unit, a Special Police Unit and Logistics and Support Unit, following tasks are carried out: suppression and fight against all forms of terrorism, hostage and other crisis situations; solving of kidnappings, aircraft and other transport means on land and water; deprivation of liberty of members of organized criminal groups and perpetrators of the most serious criminal offences; providing assistance to organizational units of the Police Directorate in terms of what the tasks and responsibilities of the Sector are; providing security to persons and objects of particular importance for the State; coordinating the work of riot units in crisis situations and in case public order and peace are violated in a larger volume; interventions and rescue actions in cases of elementary and other disasters; planning, organizing and conducting training of staff; monitoring and directing the work of members of units; studying and proposing the implementation of modern methods and tactics of handling the most complex tasks; purchasing and maintenance of technical assets, weapons and equipment for units; assistance and cooperation with special police of other States; reporting on the realization of the set objectives; production of standard operational procedures for the work of special units in crisis situations and other activities.

The Ministry of Defence proposes and implements the defined defence policy; prepares the Defence Plan of Montenegro and harmonizes Defence Plans with other stakeholders` plans for defence preparations; assess the military and non-military challenges, risks and threats and other hazards; realizes multilateral and bilateral cooperation in the field of defence; performs the tasks regarding organization, equipping, arming, development and use of the Armed Forces and other activities in accordance with the Constitution.

The Armed Forces of Montenegro, in accordance with the Defence Strategy of Montenegro and the Law on Defence, among other tasks, execute functions related to assisting the Police in the fight against terrorism, as well as providing support to civilian institutions during natural and artificial disasters and other crisis situations.

Intelligence and Security Directorate (ISD) is, among other duties, responsible for the implementation of preventive measures to the persons who perpetrate criminal acts of terrorism, directed towards the Ministry of Defence and Armed Forces of Montenegro. Representatives of ISD and General Staff are members of the Operational team responsible for monitoring and implementation of the Strategy for Prevention and 6 Suppression of Terrorism, Money Laundering and Terrorist Financing and the implementation and monitoring of the Action Plan. In addition, they are members of the Operational team for monitoring and implementation of the Strategy for countering violent extremism and monitoring and implementation of the Action Plan. Operational teams report directly to Coordination Bureau. Director of ISD is a member of the Operation Coordination Bureau.

National Operational Team (NOT) is tasked with monitoring, coordination of implementation and reporting on the Strategy for Prevention and Suppression of Radicalism and Violent Extremism and annual Action Plans. NOT also monitors, coordinates, and reports on the implementation of measures and activities defined in the Joint Action Plan on Counter-Terrorism for the Western Balkans; participates in proposing, drafting, passing, and harmonizing strategic documents and action plans for their implementation which deal with the field of radicalization, violent extremism, terrorism, money laundering, and financing terrorism; establishes cooperation with regional and international organizations and working bodies which deal with prevention and suppressing radicalization and violent extremism and terrorism; makes proposals to the Bureau for Operational Coordination of Bodies within Security and Intelligence Sector, in regard to measures and actions for improving operational coordination of the security and intelligence sector in the fields of prevention and suppression of radicalization, violent extremism, and terrorism; drafts informative and analytical materials on the NOT's work, and materials which address the field of radicalization, violent extremism, terrorism, money laundering, and financing terrorism; reports to the Bureau for the Operational Coordination of Bodies within Security and Intelligence Sector, on the quarterly basis, on the NOT’s activities and other tasks, upon which the Bureau further informs the National Security Council and the Government of Montenegro..

Representatives from state bodies, state administration bodies, ANB, the Supreme Court, the Supreme Prosecutor's Office, administration bodies, public bodies and NGO's take part in NOT. In the work of the NOT, upon its invitation, there may also participate representatives of other bodies of the governmental administration, other organizations and institutions, as well as experts from the field of prevention and suppression radicalization and violent extremism and terrorism. Also, the NOT is obliged to submit, within 30 days upon its establishment, to the Ministry of Interior its annual Work Plan, with clearly defined activities and deadlines for implementation, not later than December 31. In NOT, there are seven working groups (one of them is RAN group – Radicalization Awareness Network).

The National Security Agency (ANB) is a civil security and intelligence service and it is an integral part of the security system of Montenegro.

The ANB carries out the work it is authorized for, based on and within the framework of the Constitution and laws, which implies protection of the constitutionally established legal order, independency, sovreignty, territorial integrity, and security of Montenegro, the constitutionally defined human rights and freedoms, as well as other tasks of interest for the national security.

In its work, the ANB is politically and ideologically neutral. It cooperates with bodies, organizations, and services of other states and international organizations, in accordance with guidances of the Governement of Montenegro. The work of the ANB is supervised by the parlamentarian and internal control.

According to its authorities, the ANB collects, keeps records, analizes, assesses, uses, shares, keeps, and protects data, among other things, which are important for preventing terrorism and other forms of organized violence. Apart from publicly available sources, the ANB also applies, in its work, means and methods for secret collection of data. In accordance with the law, data can be used only for the purposes they are collected for.

7 Data gathering is conducted by use of means and methods defined by the Law on ANB, and in accordance with the principle of proportionality, in scope and in a way necessary for accomplishing competences and fulfilling other prescribed tasks of the ANB. The way of employment of means and methods for the purpose of data collection, prescribed by the Law on ANB, and the way of conducting operational work, are established by the Rules on Operational Work, passed by the ANB Director, along with aproval of the Government of Montenegro.

The ANB cooperates with other state entities, ministries, and administrative bodies, in accordance with regulations and security standards defined by regulations, international agreements, and generally accepted rules of the international law. Also, the abovementioned bodies are obliged to submit to the ANB, upon its request, data and information of importance for security of Montenegro.

Since it has no police authorities, the ANB reports to the governing authority competent for police affairs (within which operates the Department for Financial Intelligence Affairs, former the Directorate for Preventing Money Laundering and Financing Terrorism, with which the ANB also has a good cooperation) and competent prosecution office, on data which indicate the existence of grounds for suspicion of preparing, organizing, or that a criminal offence has been committed, for which one is prosecuted ex officio (which includes terrorism and related crimes). The police and other competent authorities are obliged to use data, provided by the ANB, exclusively for the legally prescribed purposes for which they were provided.

The ANB representatives take part in the national interdepartmental bodies which deal with passing and implementing laws, strategies, and plans with aim of providing an adequate response to security challenges, including, among other, terrorism, too. The ANB Representatives are members of the Permanent Coordination Body for Drafting National Risk Assessment on Money Laundering and Financing Terrorism, and the Interdepartmental Working Group for Intensifying Activities and Monitoring in the Field of Preventing Money Laundering and Financing Terrorism. The ANB representative is also a member of the Working Group for Drafting Analysis on Misuse of NGOs for the Purposes of Financing Terrorism, which was established by the abovementioned Coordination Body.

The ANB cooperates with authorities, organizations and other states services, as well as with international organizations through exchange of data and joint activities, based on the ANB competences, in accordance with the law.

The ANB dynamically cooperates with intelligence and security agencies, authorities, organizations on the international level. The international cooperation is conducted through bilateral relations with partner services. Moreover, the ANB is a member of several intelligence and security associations and platforms which, among other, deal with the phenomenon of terrorism.

Good professional relations with the NATO and EU services, beside educational programs, are also carried out through a dynamic data exchange and joint work.

In the first quarter of 2025, a draft version of the new Joint Action Plan on countering and preventing terrorism and violent extremism for the Western Balkans was prepared. This document will be the succesor of the Joint Action Plan signed in 2018 to foster cooperation with the Western Balkans on counter terrorism. Ministerial Forum that took place in 2023 and 2024 agreed on the need to update it in the light of newly emerging threats, and over the past 12 months, the European Comission together with European External Action Service (EEAS) and Justice and Home Affairs agencies undertook substantial preparatory work to this end.

8 The task of the Interdepartmental Group for Intensifying Activities and Monitoring in the Field of Preventing Money Laundering and Financing terrorism is to coordinate all activities in the field of preventing money laundering and financing terrorism and, through a proactive approach and cooperation and coordination with all bearers of the activities, to contribute to improvement of the state in the field of preventing money laundering and financing terrorism. The primary goal in the work of the group is intensification of activities in this field, direct communication and correspondence with all bearers of the activities, aimed at implementing international standards, fulfilling recommendations of the MONEYVAL, achieving optimal results, as well as fulfilling obligations from the Negotiation Chapter 24. The Ministry of Interior submits to the Government of Montenegro a quarterly report on the work of this working body.

The Coordination body for drafting National Risk Assessment on money laundering and terrorism financing, and managing identified risks was established by the Government of Montenegro with the aim to: - prepare National risk assessment on money laundering and terrorism financing - report on defined national risks in regard to money laundering and financing terrorism - suggest activities and measures, and Action Plan for decreasing and managing Identified Risks on money laundering and terrorism financing - implement analyses and reports on conducted analyses and aligns cooperation of competent bodies and organizations in the field of money laundering and terrorism financing. - The Coordination body for drafting National Risk Assessment on money laundering and terrorism financing, and managing identified risks, also, coordinate all national activities regarding fulfilling of FATF recommendations and Moneyval report. To ensure the adequate, timely, and effective implementation of the MONEYVAL MER recommendations for Montenegro, the FIU developed and the Government of Montenegro has adopted an Action Plan for Improving the Effectiveness of the AML/CFT System and Technical Compliance with FATF Recommendations for the period 2024-2025. The implementation rate of activities in 2024 stands at 89%.

The task of the Working Group for Drafting Analysis on Misuse of NGOs for the Purposes of Financing Terrorism was to work out an analysis on misuse of NGOs for the purposes of financing terrorism (the analysis was done) that is necessary and very important for both activities of the competent bodies in this field and because of the procedure of 5th round of the MONEYVAL evaluation of the system for preventing money laundering and financing terrorism, which was conducted during 2023.

Task Force, chaired by National Security Council, continuously monitors the implementation of the Strategy for Prevention and Suppression of Terrorism, Money Laundering and Terrorist Financing and the realization of the Action Plan for the implementation of the mentioned Strategy.

The Operational Team was formed by the decision of the Bureau for the operational coordination of the activities of the intelligence and security sector authorities and based on the conclusions of the Government of Montenegro.

Among other things, the tasks of the Operational Team are to manage, coordinate and monitor activities at the operational level of state administration bodies, state authorities, and other competent institutions for the implementation of the Strategy for the prevention and suppression of terrorism, money laundering and terrorist financing, in the implementation of obligations from the strategies and action plans.

The Operational team consists of representatives of the Special State Prosecutor's Office, the High Court in Podgorica, the Ministry of Justice, the Ministry of Internal Affairs and the Police Directorate, the Ministry of 9 Defence and the Chief of Staff, the National Security Agency, the National Security Authority, the Tax Administration and the Customs Administration.

Provide any additional relevant information on national efforts to prevent and combat terrorism, e.g., those pertaining inter alia to: financing terrorism; border controls; travel document security; container and supply chain security; security of radioactive sources; use of the Internet and other information networks for terrorist purposes; legal co-operation including extradition; safe havens and shelter to terrorists and terrorist organizations.

The Armed Forces of Montenegro, in accordance with the Defence Strategy of Montenegro, provide support to other institutions in the case of threats to national security posed by terrorism and migrant crises, as well as in response to hybrid and other threats and challenges, in accordance with the Constitution and laws of Montenegro.

STATIONING OF ARMED FORCES ON FOREIGN TERRITORY

2.1 Provide information on stationing of States armed forces on the territory of other participating States in accordance with freely negotiations as well as in accordance with international law.

The deployment of the Armed Forces of Montenegro on foreign territories, in accordance with the Law on the Deployment of the Armed Forces of Montenegro in International Forces, and the Participation of Members of the Operational Unit for Protection and Rescue, Police, and State Administration Employees in Peacekeeping Missions and Other Activities Abroad, is possible throughout combined engagement in international forces, participation in international military exercises and training abroad.

The Parliament of Montenegro makes the decisions on deploying units or members of the Armed Forces of Montenegro in international forces abroad.

Members of the Armed Forces of Montenegro in 2024 participated in international missions and activities as follows:

- NATO Mission in Iraq (NMI)- Following the decision of the Parliament of Montenegro („Official Gazette of Montenegro “, NO. 00-72/19-56/5) – two members (two rotations) of the Armed Forces of Montenegro were deployed during 2024. Also, within the US-Adriatic Charter (A5) initiative cooperation, one member of the Armed Forces of Montenegro was part of the Mobile Training Team engaged in NMI during November 2024.

- UN Mission in Western Sahara - United Nations Mission for the Referendum in Western Sahara (MINURSO) - Following the decision of the Parliament of Montenegro („Official Gazette of Montenegro “, No. 38/16) - 1 member of the Armed Forces of Montenegro was deployed;

- EU Naval Force Somalia - EU NAVFOR - ATALANTA- Following the decision of the Parliament of Montenegro („Official Gazette of Montenegro “, No. 45/16) – two members of the Armed Forces of Montenegro were deployed in 2024, on a six-month period rotation.

- NATO Mission “Kosovo Force (KFOR)” - Following the decision of the Parliament of Montenegro („Official Gazette of Montenegro “, No. 47/18) – 1 Officer and 2 NCO were engaged in two rotations in 2024

10  - NATO Advisory and Liaison Team (NALT) – Following decision of the Government of Montenegro („Official Gazette of Montenegro “, No. 104/2022) – One civil servant of the Ministry of Defence was engaged in NALT until November 2024, when one-year term was completed.

- NATO activity Forward Land Forces (FLF) in Latvia and Bulgaria – In accordance with the Parliament of Montenegro decision („Official Gazette of Montenegro “, No. 84/2022) Armed Forces of Montenegro members were deployed in Latvia and in Bulgaria in two rotations each during 2024.

In addition, Montenegro's Police Directorate currently has one representative deployed in the United Nations Monitoring Mission in Cyprus (UNFICYP).

IMPLEMENTATION OF OTHER INTERNATIONAL COMMITMENTS RELATED TO THE CODE OF CONDUCT

3.1 Provide information on how your State ensures that commitments in the field of arms control, disarmament and confidence – and security – building as an element of invisible security are implemented in good faith

Montenegro has maintained full compliance with international obligations in the field of Arms control on the national level.

Montenegro is a state party and signatory of the following agreements and documents related to arms control:

Arms Trade Treaty;

Vienna Document;

Agreement on Sub-regional Arms Control, Article IV, Annex 1-B, of the General Framework Agreement for Peace in Bosnia and Herzegovina (Dayton Peace Accords);

The Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction (Ottawa Convention);

The Convention on Certain Conventional Weapons and Protocols I, II, Amended Protocol II, III, IV and V;

Convention on Cluster Munitions;

Hague Code of Conduct Against Ballistic Missile Proliferation;

Comprehensive Nuclear Test Ban Treaty;

Nuclear Non-Proliferation Treaty;

Biological and Toxin Weapons Convention;

Treaty on the Prohibition of the Emplacement of Nuclear Weapons and Other Weapons of Mass Destruction on the Sea-Bed and the Ocean Floor and in the Subsoil Thereof;

Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction;

11 Convention on Physical Protection of Nuclear Material;

IAEA Safeguards Agreement, Additional Protocol and Small Quantities Protocol;

Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management;

The Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition Firearms Protocol;

United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (Programme of Action, or PoA);

International Tracing Instrument (ITI) International Instrument to Enable States to Identify and Trace, in a Timely and Reliable Manner, Illicit Small Arms and Light Weapons;

South East Europe Regional Implementation Plan for Combating the Proliferation and Impact of Small Arms and Light Weapons.

Additionally, Working Group, comprised of the representatives of the state administration bodies in charge of: internal affairs/police, defence, finance/customs, foreign affairs, education and economy, drafted the Strategy for Combating Illegal Possession, Misuse and Trafficking of Small Arms and Light Weapons (SALW), from 2019 to 2025 and the Action Plan for its implementation. The Ministry of Internal Affairs, in the capacity of the coordinator, has drafted the Strategy for Combating Illegal Possession, Misuse and Trafficking of Small Arms and Light Weapons (SALW) from 2019 to 2025 and ensures continuous monitoring of the realization of the implemented measures and activities from the Action Plan. Specifically, this strategic document encompasses weapons meant for army and police use – official use, as well as weapons meant for civilian use. The strategy contains analysis of the current state, basic and general operational aims, which will lead to measurable improvements in this area and the Action Plan contains clearly defined measures for the improvement of actions, specific activities of competent state administration bodies and partners in this area.

In addition to its commitment to fulfilling all accepted international obligations, Montenegro is devoted to contributing to bilateral and multilateral cooperation in these areas.

Montenegro is also committed to fulfilling and actively participating in arms control and CSBM activities such as:

Intensive international cooperation in the field of disarmament and destruction of surpluses of ammunition and ordnance.

Building capacities for safe storage and warehousing of perspective weapons and equipment systems, ordnance and armaments.

Common programmes and initiatives with state bodies in project of control and disabling of SALW,

Additional engagement in NATO VCC and ACDC bodies in creating and harmonizing Arms Control activities in sense of training missions, common inspections and evaluation visits and visits to AB/MF.

3.2 Provide information on how your State pursues arms control, disarmament and confidence- and security-building measures with a view to enhancing security and stability in the OSCE area.

12 Montenegro fully meets all obligations from the OSCE CPC implementation calendar, including voluntary information, thus contributing to the security, transparency and confidence building in Europe.

In addition to information exchange, Montenegro actively conducts verification activities in accordance with the Vienna Document 2011 (VD11) and Sub-regional Arms Control Agreement, Article IV, Annex 1-B, of the Dayton Peace Accords (DPA);

In all activities related to disarmament policy and Arms control, Montenegro demonstrates openness and conducts it in good faith, thus contributing to the process of strengthening security and confidence.

Agreement on Sub-regional Arms Control, Article IV, Annex I-B of the Dayton Peace Accords

In accordance with the Agreement on Sub-Regional Arms Control, Montenegro has fulfilled all activities related to the annual exchange of information, participation at meetings of the Permanent Working Group, Sub-Regional Consultative Commission, as well as other activities related to the Sub-Regional Arms Control. Montenegro chaired PWG and SRCC in the second half of 2024, as well as Review Conference for the Implementation of the Agreement.

During 2024, Montenegro received an inspection by the Republic of Serbia and conducted an inspection in Croatia, with the participation of guest inspectors from the OSCE pS.

2024 Inspection visit – conducted Republic of Serbia DPA Montenegro

Evaluation Visit - conducted DPA Montenegro Croatia

Vienna Document 2011

Besides information exchange and other CSBM activities during 2024, Montenegro conducted a VD11 Specified Area Inspection in Malta. Also, Montenegro received a Specified Area Inspection by Cyprus.

2024 Inspection Visit - conducted Cyprus VD Montenegro

2024

13  Evaluation Visit - conducted Montenegro VD Malta

Also, in the mentioned period, the Ministry of Defence of Montenegro continued their activities as part of NATO - ACDC and at the same time VCC in order to coordinate and implement activities with NATO partner countries regarding arms control. The final meeting was held in November in Brussels, where the activities for 2024 were coordinated.

SALW and SCA

In order to prevent illegal trade, possession and stockpiling of small arms and light weapons (SALW) and ammunition, in accordance with the Strategy adopted on the basis of the adopted Roadmap, the Ministry of Defence of Montenegro, in cooperation with the Ministry of Internal Affairs and other state authorities, is working to strengthen capacities related to the control of the accumulation of SALW and ammunition, in accordance with international and national documents.

In order to prevent the illegal trade, Working Group, comprised of the representatives of the state administration bodies in charge of: internal affairs/police, defence, finance/customs, foreign affairs, education and economy, drafted the Strategy for Combating Illegal Possession, Misuse and Trafficking of Small Arms and Light Weapons (SALW), from 2019 to 2025 and the Action Plan for its implementation. Specifically, this strategic document covers weapons designed for the military and police use – service weapons, as well as weapons for civilian use. The Strategy contains an analysis of the current situation, basic and general operational goals that will lead to measurable improvements in this area.

In October 2024, at the Ministerial Conference held in Budva, Montenegro, new Road map for sustainable solution to arms control was adopted, covering the period 2026-2030. Through the implementation of a large number of activities within the Road Map, which is compatible with the Strategy for Combating Illegal Possession, Misuse and Trafficking of Small Arms and Light Weapons, we have made progress in aligning arms control legislation with the EU regulatory framework and other relevant international obligations.

The purpose of the Strategy, as well as the Roadmap, is to serve as a guiding document for the achievement of a sustainable national and regional solution for combating the illegal possession, abuse and trafficking of Small Arms and Light Weapons. This document was adopted in accordance with the United Nations Program of Action to Prevent, Eradicate and Combat the Illicit Trade in Small Arms and Light Weapons in All Its Aspects.

The overall goal of the Strategy is to build a comprehensive and efficient system of control of SALW and ammunition, through the establishment of a legislative framework on weapons control, reduction of illegal flows, proliferation and abuse of firearms, ammunition and explosives.

Through the operational goals of the Action Plan, there are prescribed procedures for monitoring the state of ammunition in the Ministry of Defence and the Armed Forces of Montenegro, through regular basic maintenance, control and technical inspections, controls, monitoring of the chemical stability of propellants (gunpowder and rocket fuels).

Ordnance whose propellants become unstable and ordnance for which expert teams determine that they are not for further use, or safe for safekeeping and storage, are proposed for destruction and destroyed according to priorities. 14 In this way the Ministry of Defence of Montenegro will have reliable results about the presence of stabilizers in the gunpowder used in the ammunition of the Armed Forces of Montenegro, which will greatly contribute to the safe storage of ordnance.

During 2024, though the cooperation with the OSCE and NATO, the amount of ammunition and explosives was reduced by 599.54 tons and 3,541 pieces of weapons.

The implementation of the project "Mitigating security risks associated with SALW and SCA in Montenegro", in cooperation with the OSCE, which started in November 2020 and lasts until 2026, is ongoing. The goal of this project is to strengthen the already established capacities in the Ministry of Defence of Montenegro, and thus reduce the risk of unplanned explosions in places where ammunition is kept or stored, as well as reducing the likelihood of illegal trade and uncontrolled spread of SALW and SCA. The project also includes upgrading the infrastructure of the weapons and ammunition depots.

Also, in the reporting period April 2024 - April 2025, the following activities of importance for this area were realized:

- Internal procedures for control and technical inspection, maintenance and servicing of weapons, ammunition and explosives are regularly applied.

- Periodic inspections and maintenance of storage facilities, with special attention being paid to facilities such as the “Brezovik” (Nikšić) and “Židovići” (Pljevlja) warehouses.

- The Ministry of Defence and the General Staff of the Armed Forces of Montenegro continuously carry out activities related to the management, control and reduction of surplus weapons and ammunition in the Armed Forces of Montenegro, in accordance with international obligations and standards.

- Storage of surplus ammunition and explosives is carried out in accordance with regulations on safe storage and transport of ammunition. International recommendations for the categorization and destruction of unstable assets were also used.

- Through the aforementioned OSCE project "Mitigating security risks associated with SALW and SCA in Montenegro", a donation of two certified ADR vehicles for the transport of ammunition was realized to the Ministry of Defence of Montenegro. The vehicles were received by representatives of the Armed Forces of Montenegro on November 21, 2024.

- In September 2024, the Government of Montenegro adopted a Technical Agreement with the Ministry of Defence of the Republic of Slovenia on support in the field of thermal and chemical stability testing of propellants, which refers to monitoring the chemical stability of powder charges of ammunition in the possession of the Armed Forces of Montenegro, which will significantly contribute to the safe storage and handling of ammunition in the Armed Forces of Montenegro.

- Also, the Ministry of Defence continued to improve the fire protection system in the weapons warehouses. During 2024, three fire-fighting trainings were organized for members of the MoD and the Armed Forces of Montenegro in cooperation with the OSCE - the first in in Sweden (May 2024), and the second in Podgorica ("Knjaz Danilo" military airport).

With the aforementioned activities, we improve storage infrastructure capacities and ensure efficient disposal of surpluses, which contributes to reducing the risk of unplanned explosions or misuse.

15 In cooperation with the Ministry of Internal Affairs and other relevant institutions, capacities for arms control and prevention of illegal trade were strengthened.

Adjustment of internal procedures according to international agreements and standards enables compliance with the principles of indivisible security.

The Ministry of Defence of Montenegro continuously implements control and trust-building measures, thereby contributing to the preservation of national and collective security. Our activities are aligned with current legislation and international obligations, and through constant cooperation with relevant institutions, we strive to ensure transparency and efficiency in the management of weapons and ammunition.

The Republic of Austria, as one of the most important partners of Montenegro in the domain of safe and secure stockpile management of conventional ammunition, launched an initiative for financing the project between Montenegro and the European Union within the subject area (,,Safe and secure stockpile management of conventional ammunition”), in September 2023.

In that regard, Montenegro sent an official request to EU HR Josep Borell in February 2024, in which we requested support so as to improve our capacities for safe and secure stockpile management of conventional ammunition, through appropriate EU mechanism.

Key activities in this domain include:

Ongoing work on the legislative framework for the control of small arms and light weapons/firearms, including the Firearms Act, the Dual-Use Goods Export Control Act, the Foreign Trade in Arms and Military Equipment Act, and the Criminal Code.

Harmonization of legislation with the EU legal framework, particularly for the Firearms Act and the Dual-Use Goods Export Control Act and Foreign Trade in Arms and Military Equipment Act.

Proposal for amendments to the Firearms Act to fully align with EU Directive 2021/555, including the definition of firearms and procedures for permanent firearm deactivation.

Participation in a regional workshop on harmonizing legislation related to arms control.

Work on drafting regulations for the production and marking of firearms and ammunition, as well as changes to the process of issuing firearm permits and medical examinations.

Based on the ratified Arms Trade Treaty and Firearms Protocol, criminal legislation has been aligned with these obligations, including the criminalization of unauthorized production and trafficking of weapons and the falsification of markings.

Introduction of new criminal offenses related to unauthorized production, trafficking, and falsification of weapons into the Criminal Code. The Parliament of Montenegro adopted Amendments to the Criminal Code of Montenegro in December 2023.

After the basic article 403 of the Criminal Code of Montenegro, three new criminal offenses have been added:

Article 403a: Unauthorized production of weapons and explosive materials

Article 403b: Unauthorized trade in weapons and explosive materials

16 Article 403c: Falsification and removal of markings from weapons and explosive materials

There has been identified a need for the drafting of the Law on Precursors of Explosive Materials. In this regard, the Ministry of the Interior has formed a Working Group for drafting the Proposal of the Law on Precursors of Explosive Materials. The Ministry of the Interior - Directorate for Protection and Rescue is the leader, and representatives from other government institutions are involved: the Ministry of Economic Development, the Ministry of Health, the Environmental Protection Agency, and the Police Administration. Support for drafting the text of the Law on Precursors of Explosive Materials has been requested and received from UNDP/SEESAC.

These activities demonstrate progress in the regulation of weapons and explosives in Montenegro, including alignment with international standards and strengthening controls to combat illegal arms trade.

The most significant activities of the Small Arms and Light Weapons (SALW) Commission, regarding the SALW Strategy and Roadmap, were:

Policy Creation and Coordination: The Small Arms and Light Weapons Commission actively develops policy in this area, gathers data, and coordinates activities for the implementation of measures.

Data Collection Enhancement: Collection of data from the criminal justice system has been improved, ensuring the tracking of each found or confiscated weapon, ammunition, and explosive.

Implementation of Strategies: Strategies for controlling small arms and light weapons, along with the accompanying Action Plan for the period 2019-2025 and Roadmaps for Western Balkan countries.

Gender Equality: Intensive efforts are being made to improve gender equality in the defense sector through training, development of instructional materials, and integration of a gender perspective into military training.

Regional Cooperation: Active participation in regional initiatives and meetings addressing arms export control, reduction of illegal weapon possession, and similar issues.

Support for International Initiatives: Participation in projects supporting UNODC and SEESAC in combating illegal arms trade and providing support for the implementation of European initiatives such as EMPACT.

Strengthening Forensic Capacities: Activities are underway to enhance the capacities of forensic laboratories and crime scene investigation units, including equipment procurement and staff training. Accreditation procedures for the ballistic laboratory have been completed. Through donation, the EVOFINDER ballistic database system has been acquired, installations are finalized, and training has been conducted. With the support of the OSCE mission, expert assistance from ballistic experts from the Forensic Center in Skopje was obtained, accrediting the ballistic laboratory to validate methods in our ballistic laboratory. As part of the implementation of the project "Supporting the improvement of combating illegal possession, misuse, and trafficking of Small Arms and Light Weapons (SALW) in the Western Balkans", SEESAC committed to strengthening the capacities of investigative bodies at crime scenes, following the practices and guidelines of the European Union, especially the best practices of the European Network of Forensic Science Institutes (ENFSI). The goal of harmonization with ENFSI best practices is the preparation of crime scene investigation units for accreditation according to ISO 17020.

17 Implementation of the operational objective 3 – Goal 3 mandates a significant reduction in illicit flows of firearms, ammunition, and explosives in the Western Balkans, both within and beyond it, by 2024. The most significant activities within this goal include:

Development and adoption of Standard Operating Procedures (SOP) for the Border Police, providing additional support for the publication of SOP for risk analysis, and initiating equipment procurement processes necessary for border police services to enhance operations combating illicit arms trade.

Training of border police officers on firearms detection in collaboration with SEESAC and FRONTEX, supported by the European Union.

Participation in regional meetings and workshops, such as the Regional Meeting of the Southeast European Firearms Expert Network (SEEFEN), Regional Meeting of Border Police and Customs Representatives, and various workshops organized by the UNODC Global Firearms Programme (GFP).

Alignment of Montenegro's Criminal Code with the UN Firearms Protocol, including the addition of new criminal offenses and amendments to existing ones, adopted by the Parliament in December 2023.

Participation in UNODC projects, such as the HERMES project on trafficking of firearms and related crimes in express and postal shipments, as well as the Justitia project: criminal justice response to illegal firearms trafficking.

Reporting data for the Global Study on Firearms Trafficking and active participation in regional meetings and workshops to support the exchange of firearms trafficking data.

The need for continuing the project - Training of judicial and prosecutorial authorities on aligning criminal legislation with the UN protocol and harmonizing judicial practice has been identified; Montenegro has provided strategic support for the implementation of the second phase of the regional project Criminal Justice Response to Illegal Firearms Trafficking - the Justicia project concept. Additionally, the need for controlling firearms in postal shipments has been identified.

It is planned that during the coming period, the Justicia project will develop Guidelines for the work of prosecutorial authorities in conducting investigations related to firearms and a Collection of judicial practices for judicial bodies.

One of the operational objectives of the Strategy is to significantly reduce supply, demand and misuse of firearms through increasing level of awareness of the dangers of weapons, education, promotion of arms control and better notification. Goal 4 mandates a significant reduction in the supply, demand, and misuse of firearms through increased awareness of the dangers of firearms, education, promotion of arms control, and improved information by 2024. The most significant activities include:

Awareness-raising program on small arms and light weapons and ammunition:

The OSCE Mission to Montenegro implements an awareness-raising program in collaboration with the Ministry of Internal Affairs and the general public. This program includes informing the public about the threats posed by firearms and ammunition, as well as a media campaign for the collection and legalization of illegally possessed firearms, ammunition, and explosives. Representatives of RAR have been actively working on the creation and implementation of the campaign „Respect life, return weapons“. In October, RAR working group representatives, OSCE Mission in Montenegro and PR consultancy hub held a meeting with a view to coordinate further steps and preparatory activities of the campaign.

18 Meeting of the Regional Awareness-Raising Working Group:

In September 2024, SEESAC organized 6th regional meeting of the RAR task force, with participation of 50 representatives, including from six WB countries, UNDP, OSCE, etc. Participants shared experience gained through recent awareness raising initiatives as well as challenges faced and also updates on the coming projects. In order to respond to the previosly recognized need for enhanced capacities for crisis communication following the weapons related incidents, new guidelines for crisis communication were presented at the mentioned meeting. These guidelines are meant to provide solid framework and improve communication skills MoI and Police representatives.

Representatives of Montenegro participated in a meeting in Tirana organized by SEESAC. During the meeting, the results of the analysis of media reporting on firearms abuse were discussed, as well as crisis communication training.

Training for journalists and representatives of ministries of internal affairs:

In October 2024, SEESAC organized a training in Petrovac, Montenegro, focused on the ethics of reporting on gender-based violence, especially in cases involving firearms abuse. The training provided an opportunity for a better understanding of the phenomenon of gender-based violence and improving communication between the media and state institutions.

Operational Target 5 – activities in reducing the number of firearms in illegal possession. Goal 5 mandates a significant reduction in the estimated number of firearms in illegal possession in the Western Balkans by 2024.

Voluntarily returned firearms:

- 242 pieces of firearms

- 35 pieces of firearm parts

- 3071 rounds of ammunition of various calibers

- 14 pieces of explosive devices

- 0,8 kg of explosives and 1 kg of gunpowder

Operational target 6-reduce the number of surplus and destroy the seized small and light weapons and ammunition. Goal 6 mandates the systematic reduction of surplus firearms and the destruction of seized small arms and light weapons (SALW) and ammunition.

Destruction of UbS through the ITF organization (Memorandum of Understanding on Mine Action, Conventional Weapons Destruction, and Physical Security and Stockpile Management) with the Republic of Slovenia since 2018 - through this program, 125.54 tons of UbS assets have been destroyed so far. The Ministry of Defense submitted an official request to the ITF in December 2022 to address an additional 64.73 tons of surplus UbS. Representatives of the ITF informed us in May 2023 that the donor had provided funds for the proposed 64.73 tons, which necessitated the tendering process for selecting the most favorable bidder. Accordingly, on September 5, 2023, the company "Poliex" a.d. Berane was selected, with which the ITF organization concluded a contract in November 2023. The company "Poliex" a.d. Berane (on December 15 and 18, 2023) took over 31.0587 tons of lethal weapons from the facilities of the Montenegrin Army, which will be subject to neutralization in their facilities. 19 As per Ministry of Internal Affairs, during the second half of 2024, a functional FFP (Firearms Focal Point) was established with the development of an application that tracks incidents related to firearms. In 2024, a total of 1124 pieces of firearms were seized, of which, there were a total of 278 pieces of firearms in illegal possession:

- Firearms: 881 pieces

- Gas pistols: 188 pieces

- Air guns: 51 pieces

- Signal guns: 4 pieces

Automatic rifle 23

Automatic pistol 3

Pistol 95

Machine gun 10

Rifle 134

Revolver 12

Hand-held rocket launcher (RPG) 1

SECTION II: INTRA-STATE ELEMENTS

NATIONAL PLANNING AND DECISION-MAKING PROCESS

What is the national planning and decision/making process in determining/approving military posture and defence expenditures in your State?

The National planning, as well as the decision-making process for determining/approving military posture and defence expenditures, is regulated by the normative framework and governing bodies (state authorities and institutions).

- normative framework: constitution, laws, bylaws, doctrinal documents;

- governing bodies: Parliament, Defence and Security Council, President of Montenegro, National Security Council, Government, Ministry of Defence and General Staff as part of the Ministry of Defence

NORMATIVE FRAMEWORK

The jurisdictions of state authorities and institutions in national planning and decision- making on the use of the Armed Forces of Montenegro are regulated by the following documents:

20 - Constitution of Montenegro;

- Law on Defence;

- Law on the Armed Forces of Montenegro;

- Law on the deployment of the Armed Forces of Montenegro to the International Forces and participation of members of civil defence, police, and public administration employees in international missions and other activities abroad;

- The Defence Plan;

- The National Security Strategy of Montenegro;

- The Defence Strategy of Montenegro;

- The Strategic Defence Review;

- The Long – Term Defence Development Plan for period 2019-2028;

- The Doctrine of the Armed Forces of Montenegro.

The Constitution of Montenegro is the highest legal document that grants jurisdiction to the state authorities in planning and decision-making concerning the use of the Armed Forces of Montenegro. Article 95 of the Constitution stipulates that the President of Montenegro is the Commander in Chief of the Armed Forces and decides on their use in accordance with the decisions of the Defence and Security Council.

The Law on Defence regulates the organization and functioning of Montenegro’s defence system, the rights and duties of the bearers of defence preparations, and other matters of interest to the defence of Montenegro. Amendments to the Law of Defence are in the process, which will further refine the defence structure and responsibilities.

The Law on the Armed Forces of Montenegro defines the organization and structure of the Armed Forces, military service, and the rights, duties, and the status of military personnel, as well as other important matters. Amendments to the Law on the Armed Forces of Montenegro are in process.

The Law on the deployment of the Armed Forces of Montenegro to the International Forces and participation of members of civil defence, police, and public administration employees in international missions and other activities abroad - this law regulates the use of members of the Armed Forces of Montenegro in the international forces and the participation of members of an operational protection unit for protection and rescue, police, and employees of government agencies in peacekeeping missions and other activities abroad, as well as the rights and obligations of persons participating in international forces, peacekeeping missions and other activities abroad.

The Defence Plan is a set of documents that outlines the preparation and utilization of defence forces within the defence system in order to achieve national security objectives, establishing clear guidelines for both short-term and long-term defence strategies.

The National Security Strategy is a public document which is adopted by the Parliament, based on the proposal of the Government. Represents the most important document that regulates the security policy of 21 Montenegro, and defines mechanisms and instruments for the attainment and protection of national security interests. It represents the starting point for the development of all other strategic documents and plans in the field of defence.

The Defence Strategy defines defence goals, resources and the way of achieving set goals. Represents a fundamental strategic document in the field of defence that determines and directs the long-term development of normative, doctrinal, and organizational solutions in the defence system, as well as the engagement and vision of the development of defence resources as a response to current security challenges, risks, and threats. This document represents a framework for the development of the defence sector and provides the necessary guidelines for the defence planning process. The strategy defines defence goals, resources, and the method of achieving set goals.

The Strategic Defence Review is a document that determines defence capabilities development plan. Provides an overview of the state of defence capabilities and achieved level of development of the defence system, identifies required military capabilities, strategic commitments, and priorities for the development of the defence system, as well as other matters relevant to the operation and development of the defence system.

The Long – Term Defence Development Plan for period 2019-2028 (LTDDP) specifies key areas for defence development, including organizational structure and military size, human and material resources, training, logistics and financing. The LTDDP is a platform for the preparation of additional Defence Ministry and the Armed Forces’s development plans, including draft proposals for defence resources to be assigned in the Budget of Montenegro. Thus, the Defence Ministry developed and the Government of Montenegro adopted in late December 2024 the Defence Investment Plan of Montenegro 2025-2028, which additionally secures the continuity and sustainability of the defence budget.

The Doctrine of the Armed Forces of Montenegro is a strategic doctrinal document that defines the general principles of organization, command, preparation, use and support of the Armed Forces of Montenegro in peace, emergency, and war in accordance with the Constitution and the Defence Strategy of Montenegro. It serves as a framework for creating more detailed doctrinal documents.

GOVERNING BODIES

The main governing bodies responsible for defence decisions in Montenegro include the Parliament, the President of Montenegro, Defence and Security Council, Parliament's Committee on Defence and Security, Government, Ministry of Defence and General Staff of the Armed Forces as an integral part of Ministry of Defence.

The Parliament adopts the Constitution, laws, decisions, and other acts related to the defence system, declares a state of war and state of emergency, decides on the use of the Armed Forces units within international forces and supervises the Armed Forces and security services. The Parliament adopts the National Security Strategy of Montenegro and the Defence Strategy of Montenegro, as well as the Budget and the Final Budget Statement.

The President of Montenegro presides over the Council for Defence and Security, is the Commander-in-Chief of the Armed Forces of Montenegro and based on the decisions of the Council decides on the use of Military

22 personnel in accordance with the law, approves the mobilization development plan of the Armed Forces, and orders the introduction of preparedness measures and mobilization.

The Defence and Security Council makes decisions on the command of the Armed Forces; analyses and assesses the security situation in Montenegro and decides on taking adequate measures; proposes to the Parliament the proclamation of war, or the state of emergency; and proposes the participation of national Military personnel in the international peacekeeping operations. The Defence and Security Council consists of the President of Montenegro, the President of the Parliament, and the Prime Minister.

Parliament's Committee on Defence and Security, monitors the activities of institutions in the field of security and defence in Montenegro; considers annual work reports, and other reports of the Ministry of Defence and the Army of Montenegro; considers the draft and proposal of the National Security Strategy and the Draft proposal of the Defence Strategy; gives an opinion considers proposals for laws, other regulations, and general acts in the field of security and defence; considers reports on the deployment of members of the Armed Forces of Montenegro in international forces and the participation of members of the civil protection, police, and employees of state administration bodies in peacekeeping missions and other activities abroad; reviews information on budget execution; considers the proposals of candidates for appointment to leadership positions in the field of security and defence, for which a special law stipulates that the Parliament gives an opinion on them; conducts a consultative hearing of the military-diplomatic representatives of Montenegro before assuming office.

The Government of Montenegro conducts the internal and external policy of Montenegro, proposes the National Security Strategy and the Defence Strategy; adopts the Defence Plan and the Strategic Defence Review; determines organizational – formation structure and size of the Armed Forces; defines and conducts defence policy; proposes laws and adopts bylaws; and secures material and financial resources for the needs of the defence system.

The Government, during a state of war and emergency, has a right to issue a decree with legal force, if the Parliament is unable to meet. The government proposes the Budget and the Final Budget Account, of which the Budget for the defence system is an integral part.

The Ministry of Defence of Montenegro proposes and implements defence policy; determines the planning of the defence system; develops and harmonizes defence plans; exercises international cooperation in the field of defence; performs the tasks of organization, equipping, armament and use of the Armed Forces, as the most important organizational structure of the Ministry; assesses military and non-military challenges, risks and threats; prepares, prescribes and proposes for adoption strategic, doctrinal, defence development planning documents and planning documents for the use of forces in conditions of crisis, state of emergency and war; coordinates the activities of the holders of defence planning obligations and ensures the compliance of their plans with the defence system development plans and the Armed Forces Utilization Plan; achieves multilateral and bilateral cooperation in the field of defence; performs tasks relating to organization, equipping, arming, development and use of the Army and other tasks in accordance with the Constitution and the law.

General Staff, as part of Ministry of Defence, is the command and planning body of the Armed Forces. The Armed Forces of Montenegro are a professional and modern military force that defends the independence, sovereignty and State territory and performs other assigned missions and tasks, in accordance with the Constitution of Montenegro, the law, and international law. In carrying out missions and tasks, the Armed Forces rely on their own capacities, and the capacities of the collective security system. Members of the

23 Armed Forces of Montenegro can participate in international forces. The Armed Forces consist of three main strategic components the Army, Navy and Air Force. The Armed Forces of Montenegro are subject to democratic and civil control.

The National Defence Budgeting Process

An authority responsible for defence matters prepares a Budget request for each year, based on annual requirements and guidelines by the national authority responsible for financial matters. For mid-term planning, the national authority responsible for financial matters provides data related to macroeconomic assessments, fiscal policy goals and mid-term budget framework. Annual funding of defence requirements is covered by the funds defined by the law. Transparency in defence funding is achieved through the procedure of proposal, preparation and adoption of the budget, presentation of the goals, programmes and tasks requiring appropriate funds, as well as in the process of execution and reporting on expenditures for approved purposes. Control of the use of funds is done by the Parliament of Montenegro and other bodies in accordance with the Constitution and law.

National Budget Planning Process is explained by the following chart:

How does your State ensure that its military capabilities take into account the legitimate security concerns of other States as well as the need to contribute to international security and stability?

Since the restoration of independence, the international and security policy of Montenegro has been devoted to developing good relations with the neighbouring countries, strengthening regional cooperation to establish trust and promote peace in Southeast Europe, as well as fulfilling the obligations stemming from membership in international and regional organizations. Montenegro's strategic documents define that Montenegro's priority is the realization of state interests and security goals, based on democratic principles, international law, and internationally accepted standards, in alignment with European integration, as well as the fulfilment of obligations arising from membership in NATO.

24 Montenegro continues to strengthen its neighbouring and international relations. Montenegro is firmly committed to enhancing bilateral, multilateral, and regional cooperation and participation in defence structures, as well as efforts aimed at supporting international peace, and in the implementation of national responses to obligation arising from international agreements, conventions, and resolutions.

During 2024, the Ministry of Defence of Montenegro has cooperated with Allied and partner countries. In addition, the Ministry of Defence has signed ten bilateral cooperation plans. The Ministry of Defence of Montenegro actively participates in regional initiatives such as the US-Adriatic Charter (A5), the South-East European Defence Ministers Initiative (SEDM), the Centre for Security Cooperation (RACVIAC), the Balkan Medical Task Force (BMTF), the Defence Initiative Cooperation (DECI), the Adriatic-Ionian Initiative (ADRION), the Balkan Countries CHODs Forum (B9), and the Central European Defence Cooperation Initiative (CEDC +), Graz/KREMS format.

By consistently developing the capabilities of the forces declared to contribute to the NATO structure, through their engagement, Montenegro builds credibility as a reliable partner in the Alliance. By actively participating in missions, operations, and other activities of the UN, NATO, and the EU, Montenegro directly contributes to international peace and stability. At the same time, building good-neighbourly relations and cooperation on a regional and global level, increases mutual trust between countries, promotes security, and enables a common response to security challenges.

During 2024, Montenegro deployed two members (two rotations) of AFM to NATO mission in Iraq (NMI) and one member, within the US-Adriatic Charter (A5) initiative cooperation, as a part of the Mobile Training Team engaged in NMI during November 2024. Also, during 2024 one officer and two NCOs were engaged in two rotations to NATO led mission ‘’Kosovo Force’’ – KFOR.

Having in mind the efforts that Alliance is undertaking in terms of strengthening deterrence and defence posture, and collective defence in general, our active contribution to Forward Land Forces (FLF) at the NATO eastern flank has been continued. In accordance with that, Montenegro is deploying AFM members to FLF in Latvia and Bulgaria.

Montenegro continued its support to the Alliance’s efforts in projecting stability beyond NATO borders, in order to uphold security and defence related reforms in partner countries. In that context, in 2024, Ministry of Defence allocated financial contributions to certain NATO Trust Funds.

Montenegro remains strongly committed to contributing to EU Common Security and Defence Policy (CSDP). Therefore, the Armed Forces of Montenegro participated in operation EU NAVFOR ATALANTA during 2024, with two officers engaged on six-month period rotation.

Montenegro contributes to the UN peace efforts by deploying in 2024. one officer in the UN Mission in Western Sahara - United Nations Mission for the Referendum in Western Sahara (MINURSO)

Bearing in mind that Armed Forces of Montenegro are considering modalities to extend its contribution to CSDP, we expressed our intention to contribute to EU Military Assistance Mission in support of Ukraine (EUMAM Ukraine) by deploying our instructors, in cooperation with the Armed Forces of the Republic of Slovenia. We sent an official letter to MPCC in September 2023, and we received a positive feedback from the EU HR Borell in February 2024 (national procedures for obtaining a Parliament’s Decision on participation

25 in EUMAM are ongoing. The final decision on our participation is to be made by the EU Political and Security Committee (PSC)).

EXISTING STRUCTURES AND PROCESSES

2.1 What are the constitutionally established procedures for ensuring democratic political control of military, paramilitary and internal security forces, intelligence services and the police?

The Constitution of Montenegro stipulates that the Armed Forces of Montenegro and security services are under democratic and civilian control. Based on this, the Parliament of Montenegro supervises the Armed Forces of Montenegro and security services.

The Constitution prohibits the establishment of secret – subversive organizations and irregular armed forces.

The Constitution of Montenegro stipulates that:

- Armed forces and security services are under democratic and civilian control (article 11 and 129);

- The Parliament of Montenegro makes the decision on deployment of members of the Armed Forces in missions abroad and conducts oversight on Armed Forces and security services (article 82, paragraph 1, point 8 and 10);

- The President of Montenegro commands the Armed Forces based on decisions of the Defence and Security Council (article 95, paragraph 1, point 2);

- The Defence and Security Council makes decisions on commanding the Armed Forces, appoints and dismisses officers and proposes deployment of members of the Armed Forces (article 130).

The Parliament’s Defence and Security Committee, in accordance with a separate law, conducts parliamentary oversight over state organs and institutions in the field of security and defence.

The Parliament is also responsible for adopting laws, including those governing defence, which must be approved by a majority of all deputies. The Parliament has several means of controlling and supervising the work of the Government, including the work of state bodies, such as: voting of distrust in the Government, issuing interpellations to address specific matters concerning the Government's work, and conducting parliamentary inquiries.

How is the fulfilment of these procedures ensured, and which constitutionally established authorities/institutions are responsible for exercising these procedures?

According to the Law on Parliamentary Oversight of Defence and Security Sector, the Parliament of Montenegro ensures democratic political control over the military, internal security forces, intelligence services and the police. This Law regulates the parliamentary control over the work of bodies and institutions in the field of security and defence, as well as the procedures of parliamentary oversight duties of the institutions that are subject to parliamentary oversight.

The Law on parliamentarian oversight in the field of security and defence prescribes that democratic and civilian control of armed forces is being conducted through the Security and Defence Committee. This 26 Committee has the authority to discuss reports in this field, conduct inspections, organize hearings, discuss legal acts, and the Defence budget.

Parliament of Montenegro adopts and makes:

laws and strategies in the field of defence;

declares a state of emergency and state of war

decision on deployment of members of Montenegro Armed Forces in international forces abroad;

decision on submitting the request for NATO assistance in the Defence of Montenegro;

reviews report on state of Armed Forces and on deployment of members of Montenegrin armed forces in international forces abroad;

elects the Government of Montenegro, therefore the Minister of defence,

supervises the Armed Forces and security services.

The President of Montenegro commands the Armed Forces based on the decisions of the Defence and Security Council; promulgates laws based on the decision of the Parliament of Montenegro and sends a request to NATO to help in the defence of Montenegro.

Parliamentary control is regulated by the Law on Parliamentary Oversight of Defence and Security Sector.

When it comes to the Police, the Law on Internal Affairs is the systemic law in this area. This Law prescribes three types of control of the police, which are: parliamentary, civilian and internal control.

Parliamentary control is regulated by the Law on Parliamentary Oversight of Defence and Security Sector.

Conducting oversight over the ISD work is within the competencies of the Parliament, through Security and Defence Committee, as well as the Ministry of Defence, by the Head Inspector for military intelligence affairs.

Civilian control is conducted by the Council for civilian control of police work. The Council is a body that evaluates the exercise of police powers to protect human rights and freedoms, which citizens, as well as the police officers can turn to. The Council is composed of five members, each named by the Advocate Chamber of Montenegro, the Medical Chamber of Montenegro, the Association of Lawyers of Montenegro, the University of Montenegro and non-governmental organizations dealing with human rights. The President of the Council is elected by a majority vote of the total number of members. The mandate of the members of the Council is five years. The President of the Parliament of Montenegro is in charged for initiating the process of appointment of the members of the Council by sending a call to the mentioned entities authorized for the appointment. The Parliament of Montenegro notes the completion of the process of appointing Council members. The police must provide the necessary information and notifications at the request of the Council. Professional work for the work of the Council is performed by a special service of the Parliament. The Council makes evaluations and recommendations that are submitted to the minister of internal affairs, and the minister is obliged to inform the Council about the measures and activities that have been taken.

The internal control of the Police is conducted by a special organizational unit of the Ministry of Internal Affairs.

27 Although the National Security Agency is an independent state authority, its work is subject of both external and internal control which was established by the Law on the National Security Agency and other systemic laws (protection of human rights, classified data, labour rights, and the like).

Namely, the Law on the National Security Agency defines Parliamentary control (conducted by the Parliament of Montenegro through a competent working body - the Security and Defence Committee, and its authorizations are defined by a separate law - Law on the Parliamentary Oversight in the Field of Defence and Security), Judiciary control, as well as the control conducted by the Inspector General who is appointed and dismissed by the Government of Montenegro. Also, in accordance with the Law on the System of Internal Financial Controls in the Public Sector, the Internal Audit was established.

Considering that with implementation of means and methods of secret collection of data some constitutionally guaranteed human rights and freedoms are being temporarily limited, a significant segment of control over ANB work represents the control conducted by the judicial authority through clearly defined and binding procedures, approvals for implementation/continuation of implementation of the mentioned methods issued by the Supreme Court President or the judge who is replacing him/her, or by the Supreme Court Council of Judges, for each individual case.

Some specific segments of the Agency’s work are also controlled by the following subjects: State Audit Institution - control of legal and financial affairs; Directorate for the Protection of Classified Information – control over the use, exchange, keeping, and implementation of measures for protection of classified information; Agency for Protection of Personal Data and Free Access to Information – control of processing personal data and control of administrative acts used for resolving requests for free access to information; Administrative Inspection – inspection oversight in regard to the implementation of the law and other regulations which regulate the state administration; Internal Control of Financial Management (FSM); Internal Control over Implementation of Measures for Protection of Classified Data – and the like.

The work of ANB is also controlled by other subjects, legal and natural persons, NGOs, media and citizens who are addressing their requests to the Agency through the institute of free access to information.

These procedures are fulfilled by implementation of the Constitution, Law on Defence, Law on the Armed Forces of Montenegro, Law on parliamentarian oversight in the field of security and defence and Law on deployment of the units of Armed Forces of Montenegro to the international forces and participation of members of civil defence, police and public administration employees in the international missions and other activities abroad.

Parliament of Montenegro adopts: laws and strategies in the field of defence, decision on deployment of members of the Armed Forces in international forces abroad, decision on submitting the request for NATO assistance in the defence of Montenegro; elects the Government of Montenegro, and therefore the Minister of Defence.

Law on Parliamentarian oversight in the field of security and defence states that democratic and civilian control of the Armed Forces is being conducted through Parliamentary body for security and defence. This body has authority to: discuss reports in this field, conduct inspections, organize hearings, discus legal acts and defence budget. Parliament makes decisions on deployment of members of Armed Forces to the missions abroad, adopts laws, strategies, and budget.

28 Defence and Security Council:

Makes decision on command of the Armed Forces of Montenegro;

Appoints, promotes and dismisses officers;

Approves the Plan of usage of the Armed Forces;

Adopts decisions on the use of the units of the Armed Forces in carrying out tasks related to the support in case of natural and man-made disasters and other disasters, and tasks related to the contribution to internal security in peacetime within the Armed Forces assigned mission to support other institutions;

Suggests the Parliament to make a request to the North Atlantic Treaty Organization for activation of Article 5 of the North Atlantic Treaty;

Determines preparedness measures for the Armed Forces;

Assigns and dismisses officers as military diplomatic representatives;

Proposes to the Parliament of Montenegro the usage of the units or members of the Armed Forces in the international forces;

Determines the participation of the Armed Forces units on the level of platoon or higher level to exercises or training aboard.

The Government of Montenegro determines the internal and foreign policy in the field of defence, proposes the adoption of strategic and legal acts, adopts by-laws and the Defence Plan, and considers reports on the work of the Ministry of Defence.

The Minister of Defence is a civilian. Minister implements the policy of the Government of Montenegro in the field of defence, ensures execution of decisions on commanding over the Armed Forces; makes decision on usage of the Armed Forces in other activities in Montenegro; decide on entering the service, termination of service and other rights and obligations of the Armed Forces personel; promotes, appoints and dismisses the non-commissioned officers of the Armed Forces based on the proposal of the Chief of General Staff; assigns ranks to cadets and decides on other rights and obligations of cadets; proposes to the Defence and Security Council the appointment and dismissal of the Chief of General Staff; proposes to the Defence and Security Council promotion, appointment and dismissal of the officers of the Armed Forces; promotes to the initial ranks NCOs and reserve NCOs; proposes to the Defence and Security Council the appointment and dismissal of military diplomatic representatives; proposes to the President of Montenegro to award decorations to the members of the Armed Forces; appoints acting officers for positions of officers and non- commissioned officers and performs other duties in accordance with the law.

What are the roles and missions of military, paramilitary and security forces, and how does your State control that such forces act solely within the constitutional framework?

The Armed Forces of Montenegro is professional defence force that defends the independence, sovereignty and national territory of Montenegro, in accordance with the principles of international law on the use of force and carries out assigned missions and tasks.

29 The missions of the Armed Forces of Montenegro are: defence of Montenegro; support to national civilian institutions during natural and artificial disasters and other crises, including those caused by terrorist activities; contribution to peacebuilding and peacekeeping in the region and the world.

The Defence Strategy of Montenegro defines the missions of the Armed Forces of Montenegro which are: defence of Montenegro and NATO member states, contribution to international peace and security, support to other institutions.

The implementation of the Constitution and defence-related legal acts ensuring that the Armed Forces of Montenegro are acting within the constitutional framework.

Montenegro does not have Private Military and Security Companies (PMSC) and Paramilitary Forces (PMF).

PROCEDURES RELATED TO DIFFERENT FORCES PERSONNEL

What kind of procedures for recruitment and call-up of personnel for service in your military, paramilitary and international security forces does your state have?

The Armed Forces of Montenegro is professionalized and it is being filled with personnel based on the public advertisement, in accordance with the needs of the service.

The Law on Defence prescribes that the military obligation represents an honour, right and duty of Montenegrin citizens to participate in preparations for defence and they can be called upon during peacetime and in the state of war and state of emergency in accordance with the Law.

The procedures for recruitment and call-up of personnel for the needs of the Armed Forces include analysis and needs assessment, planning, attracting, selecting and recruitment of an adequate number and staff profile. The organizational and formation structure and size of the Armed Forces and its development, as well as formal and functional requirements of the formation/jobs determine these needs.

The selection and recruitment of staff to fill in formations/jobs are made in accordance with principles of equal access, merit, transparency and integrity. The candidate selection mechanisms are continuously improved.

Carry out the recruitment of officer staff is through the following:

- Military recruitment, after completion of the military academy;

- Military recruitment from among the citizens with completed higher education;

- Scholarships at faculties in Montenegro and abroad;

- By promotion from the category of contract soldiers, non-commissioned officers and civilian personnel with completed higher education;

- By recruitment of civil servants to serve in the Armed Forces.

The recruitment of non-commissioned personnel is dominantly performed from among the category of contract soldiers, and exceptionally by recruitment of persons from the public, through public advertising.

30 The recruitment of soldiers is carried out through selection of persons for recruitment to the Armed Forces under the contract, through public advertising and from the ranks of persons who underwent voluntary military service.

Voluntary military service is one of the training models for the service in the Armed Forces in order to create a base for operating with the permanent and reserve armed forces. In accordance with the needs for operating the units of the Armed Forces, a certain number of conscripts, upon completion of voluntary military service, will be admitted to professional military service.

The admission of soldiers to voluntary military service will be affected based on a public advertisement published by the Ministry. There are two trainings for up to 100 persons annually.

The number the lacking personnel may pose a challenge in the future, which is why it is necessary to analyse and monitor the dynamics of demographic, economic and social trends. We will continue to attract and recruit the needed staff through effective and modern mechanisms of promotion of the advantages of the military profession, particularly among younger population. In addition, it is necessary to bring the Armed Forces closer to younger female population by active promotion of the military profession.

In 2006 the President of Montenegro passed the Decision on the suspension of work related to the performance of conscription and regular military service. The Law on the Armed Forces of Montenegro does not prescribe the concept and process of recruitment (for compulsory military service). However, the Armed Forces of Montenegro conducts a selection process when recruiting persons for service in the Army, but not a recruitment process.

One of the possibilities recognized and defined by the Law on the Armed Forces of Montenegro is voluntary military service. Voluntary military service is an opportunity for every adult from 18 to 25 years of age to try out military service, on a voluntary basis for up to 6 months. The conditions and procedure for the selection of persons are prescribed for the selection of persons for Voluntary military service.

Article 195 of the Law stipulates that voluntary military service lasts up to six months, where a soldier who meets certain conditions, may be accepted for military service, if:

1) does not have the citizenship of another state;

2) is not younger than 18 years of age, nor older than 25;

3) meets the requirements regarding the health and psychological fitness of conscripts;

4) has not been sentenced to unconditional imprisonment;

5) no criminal proceedings have been instituted against him/her for a criminal offense for which he /she is being prosecuted ex officio;

6) there are no security obstacles to enlistment in the Armed Forces.

The Ministry publishes an announcement for the selection of persons for military service, in accordance with the plan for organizing and conducting military service. The goals of this type of engagement of persons through voluntary military service are the promotion and approach of the military vocation to interested individuals, as well as the possibility of later employment of persons who have completed military training in the regular composition of the Army. Persons who complete the training on voluntary military service are registered and, if necessary, will be engaged in the reserve composition of the Army. 31 RESERVE COMPOSITION OF THE ARMED FORCES

Units of the Armed Forces, depending on the purpose and the needs, will be manned with contract and strategic (assigned and non-assigned) reserve.

The contract reserve will count up to 100 persons and will be used for operating specialist formation positions in the units of the Armed Forces. He/she will be engaged, in accordance with the contract and expressed needs, with the permanent composition of the Armed Forces during training, exercises, participation in international forces, provision of assistance and protection to population from the consequences of natural and other disasters, as well as to perform other tasks in defence matters that require the engagement of additional forces.

The contract reserve will comprise persons with adequate specialist knowledge and skills that are deficient, and not profitable to employ or be educated in larger numbers for the performance of regular tasks. Manning with specialized staff will be done based on public advertising that will be announced by the Ministry of Defence.

The strategic assigned reserve will count up to 2,691 persons, who will be used to operate the Armed Forces’ reserve units. The reserve will be engaged in preparation and performing of defence and in providing assistance and protection to population from the consequences of natural and other disasters. Strategic assigned reserve will consist of persons who have served as members of the Armed Forces of Montenegro and civilian police units or who have served voluntary military service.

A strategic non-assigned reserve will be used for operating the units of the Armed Forces in case of need for strengthening defence capabilities. A strategic non-assigned reserve will be comprised of conscripts who possess military knowledge and skills, but are not deployed in the units of the Armed Forces. Their data will enter into military records and, in the case of a state of war or state of emergency; they will be mobilized and called to serve in the Armed Forces, in accordance with the law.

As part of carrying out tasks within its jurisdiction, the Ministry will regularly monitor the state of the recruitment potential for defence, and upon the approval, the Ministry will make insight into the register of citizens and will keep record on conscripts.

The Ministry of Internal Affairs and the Police Directorate, on the basis on the Law on internal affairs, cooperate with the competent authorities of other countries and international organizations and institutions, in accordance with confirmed and concluded international agreements. The Police Directorate at the operational level cooperates with police services of other countries and international police organizations, in accordance with concluded international agreements and the principle of reciprocity. Within this cooperation, the Police Directorate may, in accordance with the law, exchange information and information, undertake jointly established measures against terrorism, organized crime, illegal migration and other forms of international crime and damage to the security of the state border, as well as to carry out certain police activities in other countries, in cooperation with the police of those countries. At the request of international organizations or on the basis of international treaties of which Montenegro is a member or signatory, the Police may participate in the execution of police or other peacetime tasks. On the use of the Police to carry out these tasks decides the Government of Montenegro, at the proposal of the Minister of Internal Affairs, a police officer may be assigned to work abroad as a police liaison officer and police attaché (hereinafter: police representatives), and they can be appointed by the Government of Montenegro, on the proposal of the minister of interior.

32 Police Directorate representatives have diplomatic status, in accordance with an international treaty. The diplomatic status of police representatives is further regulated by an agreement between the Ministry of foreign affairs and the Ministry of Internal Affairs.

Pursuant to the Law on Internal Affairs the police officer enters the working relationship based on public advertisement.

Exceptionally, a police officer may enter a working relationship without a public advertisement, on a job for which the regulations on internal organization and the systematization of the Police Directorate are defined to be filled out without advertising, because they are marked by the level of secrecy.

Persons who have completed the Public Institution higher vocational school the Police Academy, also enter the working relationship indefinitely without advertising, to the jobs defined by the regulations on internal organization and systematization of the Police Directorate.

What kind of exemptions or alternatives to military services does your state have?

The Armed Forces of Montenegro is a professional service with Professional Military Personal (PMP) and there is no principle of compulsory military service in Montenegro.

Voluntary military service is one of the training models for the service in the Armed Forces in order to create a base for operating with the permanent and reserve armed forces. In accordance with the needs for operating the units of the Armed Forces, a certain number of conscripts, upon completion of voluntary military service, will be admitted to professional military service. The admission of soldiers to voluntary military service will be affected based on a public advertisement published by the Ministry. There are two trainings for up to 100 persons annually.

Law on the Armed Forces states that Montenegro citizens have a military obligation during state of war or emergency.

Citizens of Montenegro, based on their religious and other convictions, have the right to decline military duty, which includes using of weapons.

PMP serving in the Armed Forces of Montenegro are required to:

- Act in the interest of Montenegro;

- Meet the requirement;

- Adhere to ethical principles;

- Notify a superior officer and Minister with possible or actual conflict of interest and be sure to avoid any potential or actual conflict of interest.

What are the legal and administrative procedures to protect the rights of all forces personnel as well as conscripts?

The Law on the Armed Forces of Montenegro regulates the rights and procedures for the protection of the rights of members of the Armed Forces of Montenegro. Against the acts of the Minister, an appeal could be filled to the Complaints Commission in accordance with the law governing the rights and obligations of civil servants and state employees. A dispute before a competent court could be initiated against the decision of

33 the Appeals Commission. In addition, a person serving in the Armed Forces of Montenegro, in order to protect his/her rights can contact the inspector for defence.

Personnel in the Armed Forces of Montenegro have the right to form Trade Unions in accordance with the Law on the Armed Forces. The Trade union activities cannot be related to: composition, organization and formation of the Armed Forces training, combat readiness of the Armed Forces, recruitment of the Armed Forces, readiness and mobilization, use of the Armed Forces of Montenegro units in international forces, command and management of the Armed Forces of Montenegro and the Defence system, as well as the decisions of the Defence and security Council, except in the parts relating to the position and rights of employees in the field of labour and labour relations.

In accordance with the Law on the Armed Forces any person which is serving in order to protect own rights, has the possibility to address to the Inspector of Defence on all matters of work and functioning of headquarters and units. Defence Minister makes decision concerning rights and obligations of members of Armed Forces in accordance with the law.

Against these decisions, members of Armed Forces can appeal to the state ombudsman or regular courts.

A dispute before a competent court could be initiated against the decision of the Appeals Commission or an appeal to the Ombudsman. In addition, a person serving in the Armed Forces of Montenegro in order to protect his/her rights can contact the Defence Inspector.

The Ministry of Defence adopted the Strategy for managing human resources in the Ministry of Defence and the Armed Forces of Montenegro, with the aim to provide comprehensive and stable guidelines and to determine general development goals for improving human resources management within defined areas. Annual Action Plans are implementing strategy and UNDP has been assisting us in conducting all activities. All documents in the Ministry of Defence and in the Armed Forces of Montenegro are being written in gender sensitive language.

The Ministry of Defence and the Armed Forces of Montenegro are constantly working to promote military service and attracting women to the Armed Forces through preparing and distributing promotional materials (brochures, leaflets, posters), by organizing visits to military units, by organizing TV campaigns aimed at promoting military profession, education opportunities at international military academies etc). This is the way to attract and encourage young female to apply for admission in the Armed Forces.

Depending on the type of legal assistance that a member of the Armed Forces needs, there are administrative procedures to protect the rights of all members of the Armed Forces as well as conscripts. Those measures are implemented through the Department for Inspection Supervision, which, among other things, deal with: exercising the rights of persons serving in the Armed Forces from or on the basis of service, including evaluation, disciplinary and material responsibility; checking allegations from employees' reports of illegal behavior and monitoring the measures taken in the case of mobbing (prohibition of harassment at work) and other matters within its competence.

In the Montenegrin Defence system, there is no institute of military ombudsman or military commissioner who would deal with the protection of the rights of members of the Army and conscripts, but legal protection is sought in the competent courts to exercise their rights.

34 If there is a need to protect certain rights (human, religious, political, protection against discrimination, etc.), all citizens of Montenegro can turn to the Ombudsman, who is obliged to act, all in order to protect and promote human rights and freedoms.

Based on the Law on internal affairs police officers have the right to organize trade union, professional and other organization and activity in the manner prescribed by law. In that spirit, we have the Union of Police Directorate of Montenegro. The Union of Police Directorate of Montenegro is an independent, voluntary and non-partisan organization of police officers employed by the Police Directorate that deals with socio- economic issues and improving the economics of the members of the Union. It also deals with the supply of food products on favourable terms, the provision of holidays for family members, with repayments in several monthly instalments, the provision of free stay in spas, both at sea and on the mountain, to protect occupational disability. The Union of the Police Directorate points out, as a novelty, in relation to the work of other unions, the provision of activities to solve housing problems for employees of the Police Directorate, on favourable terms. In addition to these priority activities, the Police Directorate is engaged in providing legal assistance and representation before the Council of the Disciplinary Commission of the Police Directorate. The Union of Police Directorate is a Legal Entity with its own Statute, and the official registration of the Union was in 2006 when this union started to operate independently. The Union represents membership, negotiates on behalf of membership, protects members by providing legal aid and judicial protection, provides necessary financial assistance, and organizes and conducts strikes and other union actions (talks, negotiations, writing press releases, appearing in the media, giving warnings, etc.), which are not prohibited by the Constitution and laws of Montenegro. In order to protect and exercise the rights of its members, the Union may cooperate with other trade unions, both domestically and abroad, and also cooperate with other similar organizations and associations in the country and abroad, and all other organizations.

4. IMPLEMENTATION OF OTHER POLITICAL NORMS, PRINCIPLES, DECISIONS AND INTERNATIONAL HUMANITARIAN LAW

4.1 How does your state ensure that International Humanitarian Law and Law of War are made widely available, e.g. through military training programs and regulations?

Armed Forces of Montenegro are an integral part of a democratic state and society. By fulfilling their defence and national – security functions, the armed forces play a key role in enabling a security environment that allows us to enjoy the inalienable rights and freedoms.

The Constitution of Montenegro stipulates that confirmed and published international treaties and generally accepted rules of international law are an integral part of the internal legal order, have a primacy over domestic legislation and are directly applied when the relations are regulated differently from the domestic legislation.

In accordance with the Constitution of Montenegro, Armed Forces of Montenegro defend independence, sovereignty and state territory in accordance with principals of international law on usage of force.

In accordance with this constitutional norm, programs of educations and training of members of Armed Forces include basics of International Humanitarian Law and Law on Armed Conflicts. .

35 Law on Armed Forces of Montenegro stipulates that service in Montenegro Armed Forces is being conducted in accordance with domestic laws and international law. If a member of the Armed Forces is convicted for the crimes against humanity, he/she will be dishonourably discharge from military service.

Duty of all members of the Armed Forces is to know the basics of International Humanitarian Law and Law on armed conflicts, which is being inspected in the process of evaluations of defence readiness.

The training program of the Armed Forces of Montenegro, for the members to be deployed in international forces abroad has specific topics relating to international humanitarian law and the international law of armed conflict.

4.2 What has been done to ensure that armed forces personnel are aware of being individually accountable under national and international law for their action?

The Law on the Armed Forces of Montenegro stipulates that member of the Armed Forces has the right and an obligation to perform his/her duties in accordance with the Constitution and other legal acts, as well as with orders of his/her superiors, except in the case in which compliance with those orders represents a criminal act. In case a member of the AFM receives such an order he/she is obliged to immediately inform superior of his/her superior and the Minister of Defence thereof.

The members of the AFM are being informed about the above mentioned and other low regulations related to individual accountability through different trainings and education programs. Low regulations related to this matter are being published in the „Official Gazette“ and on the web page of the Ministry of Defence.

4.3 How does your State ensure that armed forces are not used to limit the peaceful and lawful exercise of human and civil rights by persons as individuals or as representatives of groups nor to deprive them of national, religious, cultural, linguistic or ethnic identity?

Montenegro ensures that that the Armed Forces is not used to limit the peaceful and lawful exercise of human and civil rights by persons as individuals or as representatives of groups nor to deprive them of national, religious, cultural, linguistic or ethnic identity, by executing the Constitution and above-mentioned laws, as well as through constant trainings related to this topic. In addition, a significant number of members of the Armed forces of Montenegro participated in international missions abroad, where they had an opportunity to practice their duties in this area and to share experiences with the members of other Armed Forces. All the lessons learned from the international missions become part of the training programs for the Armed Forces of Montenegro.

As it was mentioned before in the document, the purpose of the Police is to do the exact opposite of what is asked in this question, so the Police Directorate is one of the main state bodies to ensure the safety of the citizens. In the Law on Internal Affairs is prescribed that the police work is carried out with the aim of ensuring equal protection of security, rights and freedoms, applying the law and ensuring the rule of law, and the conduct of Police activities is based on the principles of legality, professionalism, cooperation, proportionality in the exercise of powers, efficiency, impartiality, non-discrimination and timeliness. The Law also says that police officers act in accordance with the Constitution, confirmed international treaties, law and other regulations. Police officers abide by the standards of police conducting, and in particular those arising from obligations laid down in international instruments, relating to the duty to serve people, respect for lawfulness and combating illegality, the exercise of human rights, non-discrimination in the performance of police tasks, limited and restrained use of coercive means, the prohibition of torture and the use of inhuman and degrading treatment, assistance to victims, the obligation to protect classified and personal information, the 36 obligation to refuse unlawful orders and counter any form of corruption. It is important to note that police officers are required to comply with the Code of Police Ethics, which is a set of principles on the ethical conduct of police officers based on international standards.

Any person has the right to file a complaint against the work of a police officer when he / she considers that a police officer in the course of police activities violated his / her right or caused damage to him / her, within six months from the day the damage occurred, or that his / her right was violated or freedom, and the Police is obliged to provide the complainant with a written response within 30 days from the day the complaint is received. Also, a person who believes that his / her freedom or rights have been violated or harmed in the course of police work is entitled to judicial protection and redress.

4.4 What has been done to provide for the individual service member`s exercise of his or her civil rights and how does your State ensure that the country`s armed forces are politically neutral?

The members of the AFM are being introduced with their constitutional rights during continuous education and training. The Constitution of Montenegro stipulates that a professional member of the Armed Forces of Montenegro, the Police and other security services cannot be a member of a political organization, and that political gathering is banned in state institutions.

The Law on the Armed Forces of Montenegro stipulates that persons applying for admission to the service in the Armed Forces is guaranteed the application of the principle of transparency, fairness and equal rights, without discrimination on any ground (gender, race, nationality, language, religion, political or other opinion, ethnic or social origin, gender identity, sexual orientation, property status or other personal status or property). A person in the service with Armed Forces performs the service in a politically neutral and impartial manner, in accordance with the public interest, refrains from publicly expressing his or her political beliefs and cannot be a member of a political organization.

In addition, this Law stipulates that a military person is prohibited from wearing military uniforms or parts of military uniforms when attending protests or political meetings and other activities that are not related to the performance of the service in the Armed Forces.

Violation of the regulations on the prohibition of political activity, constitute a disciplinary offense.

Also, when it comes to the Police Directorate, the Law on Internal Affairs prescribes that Police officer must not be a member of a political party, act politically, or run in state and local elections. The Code of Police Ethics prescribes that the police officer is obliged to comply with the prohibitions and restrictions on political organization and action, in accordance with the law.

4.5 How does your State ensure that its Defence policy and doctrine are consistent with international law?

As mentioned, in point 4.1 the Constitution of Montenegro prescribes that the confirmed and published international treaties and generally accepted rules of international law are an integral part of the internal legal order, have a primacy over domestic legislation and are directly applied when the relations are regulated differently from the internal legislation.

National Security Strategy and Defence Strategy adopted by the Parliament are developed in accordance with international low related to the security and defence. These strategies are considering all international documents that Montenegro signed and endorsed, as well as documents of all organizations that

37 Montenegro is a member of. In this way, Montenegro has ensured that its defence policy and doctrine is defined and upgraded in accordance with international law and the best practice in this area.

SECTION III: PUBLIC ACCESS AND CONTACT INFORMATION

PUBLIC ACCESS

How is the public informed about the provisions of the Code of Conduct

In accordance with provisions of the Rules of Procedure of the Parliament of Montenegro ("Official Gazette of the Republic of Montenegro", No. 51/06, 66/06, “Official Gazette of Montenegro”, No. 88/09, 80/10, 39/11, 25/12, 49/13, 32/14, 42/15, 52/17, 17/18, 47/19) the work of the Parliament and its committees is being public with the exception of when considering materials containing classified data. All information on parliamentary debates, including proposal acts, topics discussed and decisions made, are published on the official website page of the Parliament. Moreover, television and other electronic media are entitled to direct broadcasting of the sittings of the Parliament and meeting of its committees that are covered by reporters accredited by the competent authority as well, who have at their disposal materials considered at the sittings and committee meetings of the Parliament. Likewise, official statements for the media may be issued or press conferences held for the purpose of comprehensive and accurate informing of the public on the work of the Parliament and its committees. Press conference in the Parliament may be held by an MP group or an individual MP. On 25 March 2021, the Parliament of Montenegro launched Parliamentary Channel which broadcasts plenary sessions and sessions of the Parliament’s Committees. The aim is increasing the transparency and openness of the work of the Parliament and its bodies towards the citizens.

In the scope of all mentioned activities, information on participation of MPs in Code of Conduct events are regularly published on the Parliament’s website and covered by all interested media.

What additional information related to the Code of Conduct, e.g., replies to the Questionnaire on the Code of Conduct, is made publicly available in your State?

There is no additional information related to the Code of Conduct.

1.3 How does your State ensure public access to information related to your State’s Armed Forces?

Each activity which is done in the Ministry of Defence and Armed Forces of Montenegro is published on MoD’s official website www.gov.me/mod, on a daily basis. Everything is transparent on the aforementioned website in specified sections.

The Ministry of Defence communicates with public on daily basis through press releases and social media - Facebook (@ministarstvoodbranecg), Twitter (@defence_mne) and Instagram (@ministarstvoodbranecrnegore), considering it as a very important part in the interaction between the institution and public, especially the young population. Also, all published video and photo materials are available on MoD`s YouTube channel.

38 Montenegrin public is continuously informed about the Armed Forces through interviews of Minister and other senior officials of MoD and Armed Forces of Montenegro, bilateral and multilateral cooperation, reports regarding modernization, participation in international missions and operations, education of cadets in foreign military academies, as well as military recruitment programs, which are very popular among youngsters.

There are also numerous trainings and exercises of the Armed Forces of Montenegro that Montenegrin public was informed about daily, through announcements and posts on social networks.

The Ministry of Defence ran a campaign in 2024 regarding the recruitment of new soldiers.

The campaign lasted for a month. Video clips dedicated to specific occupations in the Armed Forces of Montenegro were published on the Facebook and Instagram profiles of the Ministry of Defence. The main characters in the clips were members of the Armed Forces of Montenegro.

During 2024 on social media of the Ministry of Defence was implemented campaign Be Cadet in order to inform youth about the possibilities of education on foreign military academies. During campaign on social media was presented how to became and what means to be Cadet of Armed Forces of Montenegro, and what are the opportunities after graduating and becoming the officer of Armed Forces of Montenegro.

At the same time, representatives of MoD and Armed Forces of Montenegro visits high schools in Montenegro and talk with students about military and possibilities of education on foreign military academies.

MoD organized and successfully realized Summer Military Camp for the eighth time, as unique opportunity for youth to fell military life in two weeks. The public was informed about activities in camp through photos and post on MoD`s Social media pages.

Also, in 2024 citizens been able to socialize with the Army and get known with the most modern equipment and weapons of the Armed Forces of Montenegro during the different occasions.

The MoD pays special attention to the promotion of public ads and announcements regarding the employment in the service of the Armed Forces of Montenegro.

The Ministry of Defence of Montenegro, with support from the British Embassy, will launch in April 2025. the website budivojnik.me. This platform aims to promote the Montenegrin Armed Forces, recruit new personnel, and present opportunities for education at foreign military academies. The site will publish job vacancies within the military and announcements for academic scholarships. It will became operational in early April 202t.

The website will offer information on voluntary military service, military academies, scholarships, youth projects, and employment opportunities. It will also provide updates on current events and answers to frequently asked questions.

The Ministry of Defence and the Armed Forces of Montenegro continuously promote gender equality and women in the Armed Forces, so their successes are often presented in public and media.

39 CONTACT INFORMATION

Provide information on the national point of contact for the implementation of the Code of Conduct.

Ministry of Foreign Affairs, Directorate General for Multilateral Affairs, Directorate for the OSCE and the Council of Europe; Milos Nikolic, Director, e-mail: milos.nikolic@mfa.gov.me, address: Stanka Dragojevića 2, 81 000 Podgorica;

Contact at the national mission of Montenegro to the OSCE: osce@mfa.gov.me

40 Annex

Agreements and arrangements related to preventing and combating terrorism

Montenegro is a party to the following conventions:

European Convention on Counter Terrorism;

European Council Convention on Prevention Terrorism;

European Council Convention on Laundering, Searching, Confiscating Objects Gaining by Criminal Activities and on Funding Terrorism.

In 2013, a Memorandum between the Ministry of Internal Affairs of Montenegro and the Ministry of Internal Affairs of Ukraine on the cooperation in the area of combating crime was signed in Kiev on 13 June 2013 and entered into force on the day of signature. The Memorandum is concluded for an indefinite period. It also provides for cooperation in the fight against terrorism.

In 2012, the Ministry of the Internal Affairs has signed a few bilateral (international) agreements, some of which are related to fight against terrorism:

o Agreement between the Government of Montenegro and the Government of Macedonia on Police Co- operation, signed in Skopje on 16 March 2012, and ratified by the Parliament of Montenegro on 4 March 2013.

o Agreement between Montenegro and the Czech Republic on Cooperation in the Fight against Crime, signed in Podgorica on 22 June 2012, and ratified by the Parliament of Montenegro on 4 March 2013. In accordance with the Article 2 Paragraph 1 Line b, the co-operation between the Parties is also extended to fight against terrorism and terrorism financing.

o Agreement between the Ministry of the Internal Affairs of Montenegro and the Ministry of the Internal Affairs of the Slovak Republic on Police Cooperation, signed in Podgorica on 5 June 2012, entered into force after 30 days from the signing date. In accordance with the Article 2 Paragraph 1 Line 2, the cooperation between the Parties is also extended to the fight against terrorism and terrorism financing.

Montenegro has signed the Police Cooperation Convention for Southeast Europe (Official gazette of Montenegro – International Agreements, Number 01/08), in Vienna, on 5 May 2008. Along with Montenegro, the Convention has also been signed by: Albania, Bosnia and Herzegovina, Moldova, Republic of Macedonia, Romania and Serbia. After ratification by all seven signatory States, the Convention entered into force on 10 October 2007. In addition, Bulgaria acceded to it on 25 September 2008. Austria (on 24 May 2011), Hungary (on 6 July 2012) and Slovenia (on 14 December 2012) have also deposited their accession acts to the Convention. The Convention is also aimed at strengthening cooperation with respect to prevention, detection and police investigation of criminal offences.

Montenegro’s police officers have also successfully participated in peacekeeping missions in Afghanistan. Furthermore, the Ministry of the Internal Affairs and the Ministry of Defence of Montenegro have signed on 19 November 2012 the Agreement on cooperation on preparation and engagement of advisory police teams within peacekeeping mission „International Security Assistance Force“ in Afghanistan.

41 In addition, as of 2009, Montenegro’s police officers have also participated in UN Peacekeeping Missions in Cyprus (UNFICYP).

As for the international-legal instruments in the field of preventing and combating terrorism and cooperation in the fight against crime, Montenegro has deposited its instrument of succession to the following conventions:

Conventions which designated depository is the Secretary General of the United Nations:

1. In line with the resolution of the UN on foreign fighters (2178) the amendments to the Penal Code of Montenegro has been adopted;

2. United Nations Convention against Transnational Organized Crime (and the Protocols thereto (Official Gazette of the Federal Republic of Yugoslavia 6/2001) by means of succession, entered into force on June 03, 2006;

3. UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (Vienna Convention), (Official Gazette of the Socialist Federal Republic of Yugoslavia - International Treaties 14/90) by means of succession, entered into force on June 03, 2006;

4. Convention on Offences and Certain Other Acts Committed on Board Aircraft (Official Gazette of the Socialist Federal Republic of Yugoslavia - International Treaties 47/70) by means of succession, entered into force on June 03, 2006;

5. International Convention for the Suppression of the Financing of Terrorism (Official Gazette of the Federal Republic of Yugoslavia 07/02) by means of succession, entered into force on June 03, 2006;

6. Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime (Official Gazette of Serbia and Montenegro - International Treaties 11/05) by means of succession, entered into force on June 03, 2006;

7. International Convention for the Suppression of Terrorist Bombings (Official Gazette of the Federal Republic of Yugoslavia 12/02) by means of succession, entered into force on June 03, 2006;

8. United Nations Convention against Corruption (Official Gazette of Serbia and Montenegro-International Treaties 11/05) by means of succession, entered into force on June 03, 2006;

9. International Convention Against the Taking of Hostages (Official Gazette of the Socialist Federal Republic of Yugoslavia - International Treaties 09/84) by means of succession, entered into force on June 03, 2006;

10. Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents;

11. International Convention for the Suppression of Acts of Nuclear Terrorism (Official Gazette of Serbia and Montenegro-International Treaties 2/06), by means of succession, entered into force on June 03, 2006 (succession to the signature);

42 Conventions which designated depository is the Council of Europe:

1. The ratification of the Additional Protocol with the Convention of the Council of Europe on the terrorism prevention has been signed, and will be ratified in due course.

2. The Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (Official Gazette of the Federal Republic of Yugoslavia 01/92), by means of succession, entered into force on June 03, 2006;

3. European Convention on Extradition and its Additional Protocol (Official Gazette of the Federal Republic of Yugoslavia 10/01) by means of succession, entered into force on June 03, 2006;

4. European Convention on the Transfer of Sentenced Persons and its Additional Protocol (Official Gazette of the Federal Republic of Yugoslavia 04/01) by means of succession, entered into force on June 03, 2006;

5. European Convention on the Suppression of Terrorism (Official Gazette of the Federal Republic of Yugoslavia 10/01) by means of succession, entered into force on June 03, 2006;

6. European Convention on the Transfer of Proceedings in Criminal Matters (Official Gazette of the Federal Republic of Yugoslavia 10/01) by means of succession, entered into force on June 03, 2006;

7. European Convention on Mutual Assistance in Criminal Matters and its Additional Protocol (Official Gazette of the Federal Republic of Yugoslavia 10/01- and Official Gazette of Serbia and Montenegro International Treaties 2/06) by means of succession, entered into force on June 03, 2006;

8. European Convention on the International Validity of Criminal Judgments with Amendments (Official Gazette of the Socialist Federal Republic of Yugoslavia - International Treaties 13/02 and 02/06) by means of succession, entered into force on June 03, 2006;

9. Council of Europe Convention on the Prevention of Terrorism;

10. Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism.

11. Criminal Law Convention on Corruption (Official Gazette of the Socialist Federal Republic of Yugoslavia - International Treaties 02/02 and Official Gazette of the Republic of Montenegro 18/05) by means of succession, entered into force on June 03, 2006.

Conventions which designated depository is the International Maritime Organization:

Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA 1988);

Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf (SUA PROT 1988);

Conventions which designated depositories are individual states:

Convention for the Suppression of Unlawful Seizure of Aircraft, signed at the Hague on 16 December 1970;

Protocol on the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation,

43 signed at Montreal on 24 February 1988 (Official Gazette of the Socialist Federal Republic of Yugoslavia - International Treaties 14/89) by means of succession, entered into force on June 03, 2006;

Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1970;1

Montenegro ratified the Additional Protocol to the Criminal Law Convention on Corruption (Official Gazette of Montenegro 11/07) and the Convention on Cluster Munitions (Official Gazette of Montenegro - International Treaties 4/09).

Montenegro has assumed obligations arising from agreements signed between the SRY and the subsequent State Union of Serbia and Montenegro and:

1. Republic of Greece on cooperation in the fight against organized crime, illegal trafficking in drugs and psychotropic substances, terrorism, and other severe criminal;

2. Republic of Bulgaria on cooperation in the suppression of illegal trafficking in narcotic drugs and psychotropic substances, international terrorism and other forms of international criminal activities;

3. Republic of Croatia on cooperation in the suppression of illegal trafficking in narcotic drugs and psychotropic substances, international terrorism and other forms of international criminal activities;

4. The Montenegrin Ministry of the Internal Affairs and the Republic of Italy and the Republic of Albania Memorandum of Understanding that, inter alia, envisages cooperation in the fight against international terrorism.

5. Acceptance and implementation of the Berlin Declaration as of 10 July 2002 (Confronting terrorism: global challenge in the 21st century);

6. Implementation of the necessary activities related to red notices, blue notices and other official actions of the INTERPOL with regard to persons for whom there is a reasonable doubt that they have incited, participated or committed terrorist activities;

7. The Republic of Austria on police cooperation;

8. Agreement on Cooperation in Prevention and Fight against Trans-border Crime (Official Gazette of Serbia and Montenegro- International Treaties 05/03) by means of succession, entered into force on June 03, 2006.

Administration for the Prevention of Money Laundering and Terrorism Financing/Sector for financial intelligence affairs, as Montenegro’s Financial Intelligence Unit, signed agreements on cooperation in exchange of financial intelligence data with Financial Intelligence Units (FIU) of the following states:

- Agreement on Cooperation with FIU of Serbia (signed on 16 April 2004);

- Agreement on Cooperation with FIU of Albania (signed on 3 June 2004);

- Agreement on Cooperation with FIU of Bosnia and Hercegovina (signed on 19 April 2005);

1 The depositories of these three international instruments are the United Kingdom, the Russian Federation and the United States of

America. Montenegro deposited its instrument of succession with the Government of the United Kingdom, after which the Foreign Office informed the Montenegrin Ministry of Foreign Affairs that other memebers and depositories would be informed abot the given legal transaction. 44 - Agreement on Cooperation with FIU of Macedonia (signed on 29 October 2004);

- Agreement on cooperation with FIU of UNMIK Kosovo (signed on 7 December 2004);

- Agreement on Cooperation with FIU of Slovenia (signed on 28 December 2004);

- Agreement on Cooperation with FIU of Croatia (signed on 24 March 2005);

- Agreement on Cooperation with FIU of Bulgaria (signed on 11 April 2006);

- Agreement on Cooperation with FIU of Portugal (signed on 11 June 2007);

- Agreement on Cooperation with FIU of Russian Federation (signed on 7 September 2007 Revised 15.12.2010.);

- Agreement on Cooperation with FIU of Poland (signed on 15 November 2007);

- Agreement on Cooperation with FIU of Romania (signed on 27 February 2009);

- Agreement on Cooperation with FIU of the USA – Fin CEN (signed on 21 October 2008);

- Agreement on Cooperation with FIU of EULEX Mission in Kosovo (signed on 19 February 2009);

- Agreement on Cooperation with State Committee for Financial Monitoring of Ukraine (signed on 27 May 2009);

- Agreement on Cooperation with the Unit for Prevention of Money Laundering and Suspicious Cases of the United Arab Emirates (signed on 6 July 2009);

- Agreement on Cooperation with FIU of Bermuda (signed on 21 October 2009)

- Agreement on Cooperation with FIU of Moldova (signed on 12 October 2010)

- Agreement on Cooperation with FIU of San Marino (signed on 12 December 2010) - Agreement on Cooperation with FIU of Israel (signed on 12 December 2010)

- Renewed Agreement on Cooperation with FIU of Russian Federation (signed on 15 December 2010)

- Agreement on Cooperation with FIU of Aruba (signed on 14 March 2011)

- Agreement on Cooperation with FIU of Estonia (signed on 14 March 2011)

- Agreement on Cooperation with FIU of Armenia (signed on 12.07.2011.)

- Agreement on Cooperation with FIU Japan (signed on 31.01.2012.)

- Agreement on Cooperation with FIU Canada (signed on 31.01.2012.)

- Agreement on Cooperation with FIU Cyprus (signed on 10.07.2012.)

- Agreement on Cooperation with FIU India (signed on 04.07.2013.)

- Agreement on Cooperation with FIU Saudi Arabia (signed on 04.07.2013.)

- Agreement on Cooperation with FIU Kazakhstan (signed on 20.06.2014.) 45 - Agreement on Cooperation with FIU of British Virgin Islands (signed on 12.07.2011., revised on 2014)

- Agreement on Cooperation with FIU of UK (signed on 12.07.2011., revised on 2014)

- Agreement on Cooperation with FIU Turkey (signed on 27.01.2015.)

- Agreement on Cooperation with FIU Panama (signed on 04.02.2016.)

- Agreement on Cooperation with FIU Australia (signed on 04.02.2016.)

- Agreement on Cooperation with FIU Georgia (signed on 13.09.2016.)

- Agreement on Cooperation with FIU South Africa (signed on 04.07.2017.)

- Agreement on Cooperation with FIU Bangladesh (signed on 26.09.2018.)

- Agreement on Cooperation with FIU Malta (signed on 04.07.2023.)

- Agreement on Cooperation with FIU Salvador (signed on 04.07.2023.)

- Agreement on Cooperation with FIU Guatemala (signed on 04.07.2023.)

46 Annex I

Voluntary information on the implementation of the United Nations Security Council Resolution 1325

“WOMEN PEACE AND SECURITY”

I Prevention

In addition to UNSCR 1325 and accompanying resolutions, the national action plans that have been adopted so far in Montenegro rely on the principles, priorities and goals recognized by other international documents, namely: the UN Convention on the Elimination of All Forms of Discrimination against Women, the Beijing Declaration and the Platform for action, the Universal Declaration of Human Rights, the 2030 UN Agenda for Sustainable Development, the EU Gender Equality Strategy 2020-2025, Chapter 31 - Foreign, Security and Defence Policy, NATO Bi-Strategic Command Directive (BI-SCD 40-01), NATO Policy on Preventing and Responding to Sexual Exploitation and Abuse, the NATO Policy on Preventing and Responding to Conflict- Related Sexual Violence, the NATO Policy for Prevention, Management and Combating of Harassment, Bullying and Discrimination in the Workplace, the OSCE Action Plan for the Promotion of Gender Equality (2004) and others. Gender equality, at the national level, is promoted and protected by the Constitution of Montenegro, a whole series of legal and other regulations, as well as public policies and strategies that define the directions of action, priorities and obligations of public authorities and institutions established with the aim of monitoring, promoting and advancing equally participation of women and men in all spheres of public and political life.

The Ministry of Defence, together with Intergovernmental Working Group, is responsible for drafting and reporting on National Action Plan for Implementation of the UN Security Council Resolution 1325 - Women, Peace and Security in Montenegro and its accompanying resolutions. First NAP was adopted by the Government of Montenegro in 2017, covering two years period. Second NAP was adopted in 2019 by the Government of Montenegro and covers four years period. Final Report on implementation of second Action Plan for period 2019-2022 was adopted by the Government of Montenegro, on 4th May 2023.

Strategy for the implementation of the UN Security Council Resolution 1325 - Women, Peace and Security in Montenegro, for period 2024-2027, with an Action Plane for 2024-2025, was adopted on 23th November 2023 (third National Action Plan), which indicates continuous efforts towards implementation of this Resolution in Montenegro.

The adoption of the annual report on the implementation of activities from Action Plan (2024-2025) covering the year 2024 is in progress. Percentage of activities implementation was 70,9%. The total amount of funds planned for allocation in the period until the end of 2025 is 16.910,00 euros.

The main strategic goal that is planned to be achieved with this document is: Improve the position of women and girls in all processes that lead to the maintenance and promotion of peace and security. In order to achieve the main strategic goal, seven operational goals with indicators were defined.

In order to foster gender equality into security sector, the most measures are referred on raising awareness among personnel. Therefore, trainings regarding different topics on gender are included in annual trainings programmes in Armed Forces of Montenegro. We can identify three types of trainings on gender equality: for all AF units, for pre-deployment and for different kind of courses (officers, NCOs, soldiers basic and career courses). 47 First two types of trainings cover topics, as follows: NATO Strategic Directive 40-1, National Action Plan on implementation of UNSCR 1325, integration of gender in military operations and sexual based violence and discrimination. Topics on women in conflict areas and peace support operation, specific needs of local women and protections from the violence of women and girls are also included within pre-deployment trainings. Education on gender equality is one of the most crucial parts of the training system due to the fact that 547 members of AF attended attended different activities in this area in 2024.

Programme for introduction of new employees in MoD, includes chapters on gender equality and main principles of Resolution UNSCR 1325. Additionally, Internal Training Plan for MoD employees was adopted, which also includes gender equality topic – “Gender-based violence”. This training was attended by 9 MoD employees in 2024.

Additionally, during the reporting year, the MoD and AF conducted three trainings using internal capacities on the topics: Presentation on Handbook on the standardization of gender and gender equality training and the importance of protecting women and girls in conflict and post-conflict zones and implementation of RSBUN 1325 – Women, peace and security. These trainings were attended by 50 participants.

When it comes to leadership, accountability and assurance, it is worth mentioning training on Gender- Responsive Leadership, organized by the Ministry of Defence and Armed Forces of Montenegro in cooperation with UNDP SEESAC, which was attended by 19 participants, from category of senior leadership and command personal of security institutions. Regional ministers of defence signed the Joint Declaration on support for the improvement of gender equality in the security sector in the Western Balkans in 2021. Gender equality represents one of the main policies and it is promoted as such by all leadership of the MoD and Armed Forces of Montenegro. In Strategic Defence Review is stated that MoD will continue to guarantee equal opportunities for women and men for entering into the service and for their career development via transparent selection processes and by providing availability of all post to women, including leading positions. Long Term Development Plan also focuses on gender equality in process of recruitment, professional development and assignments of women on command duties, their deployment in missions and operations. New Strategy on Human Resources Management in MoD and Armed Forces of Montenegro tackle gender indicators in many activities in this area.

II Participation

Gender analysis in HRM area have been drafted since 2021 based on Guidelines for gender-sensitive reporting. Those analysis contain sex disaggregated data during different selection processes, promotion, fluctuation, mission and exercises participation, representation at command, staff and decision-making positions, discipline measures and sanctions, awards and recognitions etc. In addition, different gender sensitive researches were conducted in MoD and Armed Forces of Montenegro in order to examine motivation of employees, their values, training needs in area of gender equality etc. Exit surveys were also put in practice in order to examine reasons of personnel outflow, by gender.

Women population represents specific target group for implementation of different promotional activities. In order to attract more female candidates for AF service, education at military academies, or scholarships a positive advertisement campaigns are used with focus on presenting equal opportunities. It is important to mention criteria for admission in AF service which refers to giving advantages to women in case that female and male candidates with the same score during selection processes. Also, there are different physical criteria for male and female candidates. Ministry adopted Guidelines for attracting and retaining women in Armed 48 Forces of Montenegro, that are delivered to those in-charged for recruitment, trainings, operations and career development.

Despite the undertaken measures for implementation of gender equality policy, there has been decrease in the representation of women in the Ministry of Defence and Armed Forces of Montenegro in the last decade. Thus, percentage of women in the Ministry of Defence was 53,9%, and 16,52% in the Armed Forces of Montenegro by the end of 2024. But there is increase in representation of women as professional military personnel, which percent is 12,04%. There is also increase, especially in Armed Forces of Montenegro, in percentage of women on decision making position, which currently is 52,4% in MoD, and 17,72% in Armed Forces of Montenegro. Women continuously contribute to peace building activities and 8 female members of Armed Forces of Montenegro have participated in missions and operations abroad. Percentage of female cadets at foreign military academies is 27,5%.

Since NAP represents strategic documents, it is important to emphasise that all reports such as annual and final of its implementation are submitted to the Government of Montenegro. The Ministry of Defence has developed Guidelines for reporting on the implementation of activities from NAPs in order to provide more efficient reporting to all stakeholders, for the purposes of preparing annual and final reports on the implementation of the strategic document. It is worth mentioning that Gender Equality Committee of the Parliament of Montenegro discuss on adoption and reports of NAP. All reports are published at MoD official web page.

III Protection

There was no report of sexual harassment in 2024.

In order to raise awareness of this topic among MoD and Armed Forces of Montenegro members, in cooperation with UNDP SEESAC, Regional Handbook on Preventing and Responding to Gender-Based Discrimination, Sexual Harassment and Abuse, was developed, which is published on MoD official web page. The aim of this Handbook is to contribute better visibility of gender discrimination, sexual harassment, and abuse and enhance the effectiveness of the fight against discrimination. One of the aims, is also to raise gender awareness and improve gender competencies of all employees in the defence system, which is a basic prerequisite for efficiently responding to and combating gender-based discrimination, as well as for creating a safe and friendly work environment where human dignity and integrity are respected as the highest common values.

Based on abovementioned Handbook, MoD in cooperation with UNDP SEESAC, drafted Guide for Preventing Gender-Based discrimination, Sexual Harassment and Abuse in the Armed Forces of Montenegro. This Guide was distributed and presented in the Armed Forces of Montenegro units.

MoD also conducted a survey on the level of awareness about procedures for undesirable behavior. A total of 567 personnel completed the survey. Of total number of personnel who completed the survey, 333 answered the question of whether they are familiar with procedures for reporting undesirable’s behavior, of which 295 gave a positive response.

Special advisers to WPS in MoD and Armed Forces of Montenegro are as following: Coordinator for gender equality in the MoD, civil servants who participate in gender equality activities, Advisor to the Chief of the General Staff for gender equality, 18 certified gender instructors and 13 focal points in the units of the AFM.

49 ANB Gender Equality

Recognizing the obligations which derive from the Action Plans of the Government of Montenegro for implementing the UN SC Resolution 1325 – Women, Peace and Security, the Agency has established a normative framework, as it follows:

- passing the annual Action Plan which defines measures and activities about integrating issues which refer to the gender quality,

- appointing the Working Group for gender equality issues and a coordinator of the Agency in the interdepartmental activities,

- drafting sub-law regulation – the Rulebook on Respecting the Gender Equality Principle and Prohibiting Discrimination in the ANB, the Ethic Code of the Agency Officers, which apart from the standards in regard to respect this principle, it also foresees a penal policy for their disrespect,

- preparing individual and annual reports from this field.

At the end of 2024, according to the human resources records, the percentage of representation of woman in ANB is 36%, comparing to the total number of officers, while they occupy 17% of the managerial positions in the ANB.

IV Other information

The defence ministries of Bosnia and Herzegovina, Montenegro, the Republic of North Macedonia and Serbia are actively participating in the regional project "Strengthening regional cooperation in the integration of a gender perspective in the reform of the security sector in the Western Balkans".

Main activities within this project in 2024 that have reflection at the national level were presentation of Handbook on the standardization of gender training in the Ministry of Defence and Armed Forces of Montenegro and regional online course on gender equality. By developing a regional online basic course on gender equality, within the project with UNDP SEESAC, the MoD and the Armed Forces of Montenegro contributed to providing employees with greater flexibility when it comes to training availability, especially considering that it is a course that can be attended at any time convenient for employees, which aligns with modern trends. The total number of employees in the MoD and the Armed Forces of Montenegro who participated in the online gender equality training program during the reporting period is 51.

Voluntary information on the subject of Children and Armed Conflict (CAAC)

Mandatory training on the rights of children in armed conflicts for the personnel participating in international missions and operations has been implemented since 2020, based on program developed by the Armed Forces of Montenegro Training Center. What this achieves is that every member who will be assigned to international missions and operations in the future must attend the abovementioned training. Since this activity is continuous, in 2023, five members of the Armed Forces of Montenegro that were preparing for NATO missions in Iraq and Kosovo attended these trainings. 50 It is important to mention that Strategy for Exercising the Rights of the Child, for period 2019-2023, was adopted at the national level. This Strategy represents national, comprehensive and inter-departmental document that address the improvement of conditions for exercising the rights of the child in all areas covered by United Nations Convention on the Rights of the Child and its optional protocols.

In order to achieve the goal no. 3 of this Strategy: Prevent all forms of violence against children and improve the implementation of special child protection measures and goal no. 10: Improving protection of children from sale, child prostitution and child pornography and from involvement in armed conflicts, the Ministry of Defence was responsible for implementation of following measures, besides one that refers on mandatory training that is above mentioned:

1. Submitting the amendments to the Declaration on accepting the Optional Protocol on protection of Children in Armed Conflicts to the Government of Montenegro – this resulted in adoption of Information on the amendments on accepting the Optional Protocol on protection of Children in Armed Conflicts, with the Convention on the rights of children by the Government;

2. Defining age limit (above 18 years of age) for participation of Montenegrin citizens in the national Armed Forces, armed conflicts and emergency situations in legislative documents — Law on the Army stipulates previously mentioned age limit for admission in the Armed Forces of Montenegro, for military obligation and for voluntary military service. In addition, Law on Defence stipulates work obligation for the persons above 18 years. Law on the utilization of the units of AF of MNE in international forces and participation of member of civil protection, police and other employees in the state authorities in peace keeping missions and other activity aboard stipulates that there is no option of participation of persons under 18 years of age, because it is not possible to recruitment bellow that age limit into the service in the Armed Forces of Montenegro. The Constitution of Montenegro stipulates a ban of establishing of secret subversive organizations and irregular armies, so there is no possibility of recruiting children into paramilitary formations that would eventually operate on the territory of Montenegro.

Since the Strategy for Exercising the Rights of the Child 2019-2023 expired, the Government of Montenegro and the Council for Children's Rights are working on a new strategy that will cover the period from 2025 to 2029.

51