According to “Serbian Economist”, on July 30, the Montenegrin government approved a proposal to establish a mechanism for screening foreign investments that could affect the country’s security and the functioning of critical infrastructure.
The new rules have not yet taken effect. A separate law must be passed for them to be implemented.
Prior approval will be required from investors from countries outside the EU who acquire control or at least 10% of the capital or voting rights in companies operating in strategic sectors.
The review may cover the energy sector, ports, airports, railways, banks, payment systems, telecommunications, media, digital infrastructure, technology, food production, and critical raw materials.
Real estate will be subject to review only if it is associated with strategic facilities or located near critical, military, or government infrastructure. This initiative does not directly apply to ordinary apartment purchases by foreigners.
The government will have the authority to approve a transaction, impose additional conditions, or prohibit it entirely. Potential requirements include restrictions on access to confidential data, disclosure of information about ultimate owners, and sources of funding.
The preliminary review is expected to take up to 45 days. Concluding a transaction without authorization may result in a fine, restrictions on voting rights, or the mandatory sale of the acquired stake.
The initiative is part of Montenegro’s efforts to align its legislation with EU rules. The final terms will be determined after the law is drafted and adopted.
Formally, specific countries are not named in the initiative. However, in practice, the mechanism will be particularly important for investors from Russia, Serbia, and China. All three countries are outside the EU, and their capital is significantly represented in Montenegro’s economy.
The possible adoption of this law will, in one way or another, also affect Ukrainian investors. Ukraine ranks high in terms of the number of companies in Montenegro. According to the latest data from MONSTAT, in 2024 there were 1,069 enterprises with Ukrainian owners operating in the country, accounting for 3.6% of all active companies with foreign capital. This places Ukraine fourth, behind Russia, Turkey, and Serbia.
At the same time, Ukrainian investments are concentrated primarily in real estate and small companies. In 2023, the inflow of such investments amounted to 19.1 million euros, of which 15.2 million euros went toward real estate purchases.
Therefore, the impact of the new rules on Ukrainian businesses is likely to be limited. Routine purchases of apartments and the establishment of small companies should not automatically be subject to review. Permission will be required for investments in strategic sectors or projects related to critical infrastructure.
Source: Government of Montenegro
