Deputy Prime Minister and Minister of Foreign and Internal Trade and Telecommunications Rasim Ljajić presented today, in the Parliament, the Bill on the export and import of dual-use goods, the Bill on the trade and leasing of property, the Amendments to the Law on electronic commerce and the Amendments to the Law on the protection of competition.
The essence of the Bill on the export and import of dual-use goods is harmonization with European standards, ensuring tight control and eliminating unwanted exports and trade of these products.
Controlled dual-use goods are those which may have a military purpose in addition to the civil one.
Among the novelties in the Bill compared to the current Law, Ljajić listed the introduction of the concept of a comprehensive clause which expands the list of dual-use goods for which one must ask for a license from the competent institutions.
He added that the EU particularly insisted on that provision.
“The requirement to obtain a license for the provision of brokerage services and technical support is introduced. The validity date of the license so far was one year, now there is a possibility of an automatic extension of six months, which is also a novelty”, said Ljajić.
According to him, the deadline for deciding on applications for export is 10 days from the date of receiving the special approval from the Ministry of Trade, which means that the total period to respond to the application is one month.
“In this period, an approval must be provided by the Ministry of Defense, the Ministry of Interior, the Ministry of Foreign Affairs and the Security Information Agency (BIA), and within 10 days from that date, the Ministry of Foreign Trade has to give its final decision, that is an export license or an import license”, said the Minister.
Ljajić stated that a possibility is left open to speedily issue the license without obtaining all the approvals under certain conditions; for example when it comes to the export or import of goods for the need of the Republic of Serbia or any other country or when it comes to humanitarian aid or donations in emergency situations.
“It is also possible to amend an already issued permit”, said Ljajić.
Presenting the Bill on mediation in the trade and leasing of property, Ljajić said that the law provides for the introduction of a professional exam for entrepreneurs, and that only registered brokers will be allowed to work.
During the unified debate, Ljajić pointed out that the area of mediation in the trade and leasing of property has not been legally regulated until now, and that the total value of the real estate market is around 110 billion RSD per year, two-thirds of which through illegal or unregistered transactions.
We strive to reduce the gray and black real estate market, and facilitate the work of legal agencies, stated the Minister, adding that in this area there are about 300 businesses and 800 entrepreneurs who operate in accordance with the law, but it is assumed that the number of illegal agencies is much higher.
“The state has no data on other transactions, and the damage to the budget is immense, as are the illegal financial transactions”, stated the Minister.
According to him, there is a need to comprehensively regulate the area and the adoption of such a law would provide legal safety for citizens and legal entities.
“The legislator has attempted to bring order to the work of agencies on the market while respecting EU standards, yet the adoption of this law is not part of the obligations with regard to the harmonization of legislation with the European standards”, said Ljajić and pointed out that there are standards which are respected by all countries.
Ljajić pointed out that from the point of view of buyers and sellers, it is important that the mediator will be required to pay an annual insurance premium for any possible damage that might occur as a result of the mediation.
According to him, within six months of the adoption of the law, seven by-laws will be enacted, while certain provisions of the law will have a delayed application date, these are the provisions related to registration and insurance premiums.
“These provisions will come into force 18 months later, and we assume that this is enough time for the agencies to adapt to the new business conditions”, said Ljajić.
He noted that the bill was sent to 119 addresses, professionals and various organizations, agencies that deal with these affairs, nongovernment organizations, and other state institutions.
He added that the Ministry received 42 suggestions, a large part of which was included in the proposed text.
