| Speeches - At passing the Law on Central Bank in the Montenegrin Parliament on March 15, 2001 |
Esteemed
representatives, dear President,
Writing
on banking problems, “Glas Crnogorca” dated October 14,
1884, says:” All these inconveniences would be easily
resolved if a well designed
money and credit institute is
established in our country. That institute,
to call it savings bank, National bank, credit union or
whatever we like, would be
the regulator of
our money market,
great assistant and benefactor of the entire national work,
initiator of the spirit of
savings and capitalization for our people and its
savior in moments of money
need”.
Far
back in 1885, upon the establishment of the Code of the
sovereign Danilo I, the rule number ninety was written, that
reads: “ Any Montenegrin or Highlander
who as of today wants to lend money
in order to gain profit, has to make a book
before two witnesses, to keep the record of the money
lent for profit, and if the book is not made, than the
recipient shall provide collateral that will not exceed
20 % of the received amount, and the one who earns more
profit, shall be deprived of the principal he wanted to make
profit upon and that principal shall
be placed in the national treasury as any other
fine”.
With
the adoption of the General Property Code, foundation of banks
and savings banks and issue of the nation’s own currency,
Montenegrin monetary authority was established and banking
system created.
Dear
President, esteemed Representatives,
It
has been a long time since then, and historic experience has
taught us that Montenegrins felt economic and social progress
and welfare measured by basic parameters of economic and
social development, when they were able to take political and
economic decisions independently and to negotiate on their own
future directly with all relevant parties. That was the case
when Montenegro was independent state and in the period after
the World War II, when, for example, the Governor of the
National Bank of Montenegro was equal member in the Council of
Governors of NBY as the supreme authority in former
Yugoslavia.
That
was not the case in the period between the two world wars when
the banking system at the time of the former Yugoslavia
failed, and it was not the case at the time of the Federal
Republic of Yugoslavia.
At
the beginning of this decade Montenegro transferred its
monetary system authorities to the federal level, having as a
consequence the following:
·
The highest
hyper inflation in the world measured in million of
percentages,
·
Expansion of
pyramids like Dafiment, Jugoskandik and Inos and different
insurance companies that
deceived thousands of citizens,
·
non
–performance of obligations based on frozen foreign exchange
savings by the NBY and the Federal state,
·
after short
–term stabilization at the time of the Governor Avramovic, new inflation and devaluation
of the national currency for 4,000%.
·
Constitution of
the Federal Parliament in an unconstitutional manner and
disabling Montenegro to influence monetary policy through
process of the election of the Governor and the NBY Council,
·
Interpretation
of the Constitution as requested by the regime, elimination of
the NBY Council and Montenegro representative in the Council
as well as in the structure of NBY,
·
Personnel
changes led into discrimination of banks and the economy of
Montenegro by the NBY and direct damage on those basis
exceeded DEM 200 million.
At
the same time Montenegro was discriminated and directly
damaged through performance of the Federal budget by tax
measures, in the area of customs, foreign trade, insurance and
the treatment of Montenegro as occupied area by the so called
federal institutions.
As
finals we have humiliating and still existing constitutional
changes that place Montenegro down to the level of the
smallest municipalities in Serbia, disabling an influence on
(beside other things) monetary policy, rehabilitation of the
banking system and, what is of extreme importance, regulation
of relations with the international financial organizations.
The
Government of Montenegro based upon its constitutional
authorities, by decrees and decisions adopted at the end of
the last year, undertook jurisdiction over the sphere of
monetary and financial system.
With the introduction of German mark as parallel
currency, negative trends were stopped and quite obvious
positive effects to the economy and the population created.
Dear
Representatives, esteemed President,
The
Law on the Central Bank represents basis for the reform of the
financial system that will allow further progress in the
process of privatization and rehabilitation of the Montenegrin
economy and arrival of quality investors in Montenegro.
The
Law on the Central Bank of Montenegro enables constitution of
autonomous monetary system, based on DEM as monetary unit,
means of payment and currency for reserves, until the
introduction of EURO, creating conditions for the
establishment of sound banking system, and along with the Law
on Banks, it represents grounds for the reform of the entire
financial structure of the Republic.
The
adoption of this Law enables creation of assumptions for
involvement into international financial institutions.
This
Law governs establishment of the Central Bank as independent
organization, responsible for monetary policy, establishment
and maintenance of the sound banking system and efficient
payment system in the Republic.
The
Central Bank was empowered with authorities that prevail in
banking systems of the market economy. Within those
authorities the Central Bank shall:
grant and withdraw licenses to banks in compliance with
regulations; regulate and supervise their work; perform and
supervise payment system with foreign countries; perform the
activity of a banker, advisor and fiscal representative of the
Republic bodies and organizations; perform regular
macro-economic analysis; render banking services in favor of
foreign governments, foreign Central Banks as well as in favor
of international organizations and other international
institutions in which the Central Bank or the Republic
take part; take deposits from banks, state bodies and
organizations, domestic and foreign banks, international
financial institutions and donor organizations etc.
For
the efficient performance of functions that the Central Bank
is responsible for, it was given the authority to prepare and
take part in the preparation of the relevant solutions in the
sphere of monetary, foreign exchange and banking system that
are in function of performance of its authorities.
Furthermore,
the Central Bank was provided with the possibility to give
recommendations to the Government on the occasion of creation
of the Republic of Montenegro economic policy, thus achieving
necessary cooperation between
these two institutions in harmonization of monetary
policy and other segments of the economic policy.
The
Central Bank is managed by the Council whose most significant
authorities relate to determination of politics in compliance
with the Bank functions; adoption of regulations,
recommendations and orders issued by the Central Bank; making
decisions upon applications for licensing and withdrawing
licenses to banks, financial institutions and payment system,
establishment of general guidelines for the operation of the
Central Bank etc.
With
regard to authorities they are entitled to, the Council
members may only be persons with well-known integrity, who
will perform their duties in the Central Bank in such a manner
as not to put their own personal interests or interests of
parties related to them before the interest of the Central
Bank and its clients.
In
the course of operations, the Central Bank is authorized to
grant loans out of its own funds to commercial banks for the
maintenance of their daily liquidity purposes, under
conditions prescribed by the law, but it is forbidden to grant
such loans to the Government or other legal entities or
private individuals. The Central Bank handles foreign exchange
reserves, except those that commercial banks are in charge of,
and performs supervision over implementation of regulations on
foreign exchange operations.
The
provisions of this Law indicate to the recognition of the need
for payment system reconstruction, i.e. rationalization of the
previous functions of the Institute for calculations and
payments.
The
supervisory function of the Central Bank shall provide for
financial discipline by supervising not only legal aspect of
licensed banks and financial institutions operations, but
their credibility as well. If it comes across certain
irregularities in operations of commercial banks, the Central
Bank shall implement adequate measures including liquidation.
Due
to a possibility of maintaining unrealistic book entry
evidences by the banks, the Central Bank may by means of
implementation of international accounting standards request
the banks and financial institutions to provide information on
their operations and
financial position.
Though
the Central Bank is independent and self-governing, it is
anticipated that audit of statements, records and balances
shall be performed by an internationally recognized
independent auditing company, while
the Inspector General shall be in charge of the control
of operations on the level of the Central Bank.
Dear
Representatives, esteemed President,
Additional
to the fact that the adoption of this and other laws shall
enable the continuation of the reform process and development
of institutional structure
corresponding the market economy, it will also enable
the establishment of prerequisites for integration processes
with closest neighbors in the regional involvement into
European and transatlantic structures.