Replacement of a personal identity card

Alien’s personal ID card shall be replaced:

1. 
   in case of the change of alien’s data;
   
2. 
   when it is damaged or worn out to such an extent that it can no longer serve to its purpose;
   
3. 
   when the photograph does not correspond to alien’s look; and
   
4. 
   when the period of validity has expired.
   

An alien shall within eight days since occurrence of any of the reasons purusant paragraph 1 hereof to submit an application for the replacement of his personal ID Card for aliens.

1. 
   he acquires the Montenegrin nationality,
   
2. 
   moves out of Montenegro
   
3. 
   his residence is dismissed pursuant to the Article 55 paragraph 1 point 3 , hereof; and
   
4. 
   his permanent residence is dismissed pursuant to the Article 61 paragraph 1 hereof
   

Loss of Aliens documents

authorities pursuant to paragraph1 hereof shall issued to an alien the certificate on loss of documents for proving of identity.

Loss of documents for proving of identity shall be announced in the “Official gazette of Montenegro”, an Alien’s cost.
Temporary withdrawal of the documents for proving of identity
Article 93
Police shall temporarily withdraw the document for proving of aliens identity, if.

1. 
   a well ground suspicion exists that he comitted the criminal act prosecuted ex officio or that the committed a petitte offence;
   
2. 
   if such is required by the reasons of national security, public order or protection of the public health
   

Document pursuant to paragraph 1 hereof shall be withdrawn untilcease to exist the reasons for its withdrawal.

Police shall issue the certificate on reasons for temporary withdrawing pursuant to paragraph 1 hereof.
IX THE MOVEMENT OF ALIENS IN UNIFORM

Conditions for wearing foreign military uniform

1. 
   stays as a member of a diplomatic-consular office of foreign state or some other foreign mission with diplomatic status in Montenegro within the capacity of military representative, while his mission lasts;
   
2. 
   is a members of foreign military missions of foreign military delegationduring an official visit to Montenegro;
   
3. 
   attends the military school;
   
4. 
   as a member of foreign military missions or foreign military delegation with diplomatic or service passport while crossing the Montenegrin territory;
   
5. 
   participates in the military exercise or training.
   

Conditions for wearing foreign police or customs uniform

Article 95
During his stay in Montenegro, an alien can move in foreign police or customs uniform if, he:

1. 
   as a member of the delegation of foreign police or Customs authorities stays in an official visit;
   
2. 
   is performing activities pursuant to the International treaty;
   
3. 
   attends training in the Police school;
   
4. 
   as a member of foreign Police missions or foreign Customs delegation with diplomatic or service passport while crossing the Montenegrin territory;
   

XI THE COLLECTION OF PERSONAL DATA ABOUT AN ALIEN

The Police can collect personal data aboutaAn alien, from some State Administration Authorties, commercial enterprises, entrepreneurs and from an alien himself if:

1. 
   such is within in the interest of the alien and if he would not be opposed to it; and
   
2. 
   it is necessary for the scope of check of alien’s data.
   

The collecting and processing of alien's personal data shall be done pursuant to the particular Act on personal data protection.

Authority of the State Administration competent for foreign affairs shall mantain records on issued visas, refused requests for issuing of visa and cancelled visas, issued special Aliens ID cards and issued Aliens travel documents in foreign state.

Police shall mantain records on: al with prohibited entry and exit from Montenegro, visas issued on the border crossing, refused requests for issuing of visas, iens with dismissed residence, aliens with cancelled and shortened visas, denounced lost documents for aliens identifications and temporarily withdrawn travel documents.

Contents and manner of mantaning of the registers pursuant to Paragraph 1 & 3 hereof shall be regulated by the Ministry and Contents and manner of maintaning of the registers pursuant to Paragraph 2 hereof shall be regulated by the Authority of the State Administration competent for foreign affairs.

Article 99

Supervision of the implementation hereof and regulations passed pursuant to this Act shall be carried out by the Ministry, except the part concerning issuing of visas, granting of the first temporary stay in the foreign state or issuing of the special aliens ID Card that shall be done by the state administration organ competent for foreign affairs.

XIII PENAL PROVISIONS

Article 99

An alien shall be fined from five times to twenty times amount of the minimal wage in Montenegro for a petty offence if he:

1. 
   fails to leave Montenegro in the period set him ( Article 63 paragraph 2 and Article 64 paragraph 1)
   
2. 
   leaves the Shelter without permission or does not abide by the rules of sojourn in the Center (Article 70); and
   
3. 
   leaves the place of residence that has been set him by the Police or if he does not regularly report to the Police (Article 74).
   

For the violation pursuant to paragraph 1 hereof, a protecting measure of deportation from Montenegro up to one year can be pronounced to him independently or with fine.

1. 
   moves or stay in Montenegro on specific territory on which stay or movement is restricted or forbidden
   
2. 
   enters Montenegro and stays on it territory without a valid travel document with entered visa or a permit for residence (Article 10 paragraph 1);
   
3. 
   he fails to use the travel document which he used to enterMontenegro (Article 11 paragraph 2);
   
4. 
   he sojourns in Montenegro in contravention of the purpose of which his visa was issued (Article 19 paragraph 1);
   
5. 
   he sojourns in Montenegro in contravention of the purpose of which his residence was granted (Article 35);
   
6. 
   he sojourns in Montenegro ilegally (Article 61 paragraph 1);
   
7. 
   he refuses to show an official person a document proving his identity (Article 85 paragraph 3);
   
8. 
   he gives some other person his identity document for that person to use it, or if he uses an invalid document, or another person's document as his own (Article 85 paragraph 3); and
   
9. 
   he uses a personal name in contravention of the provision of Article 85 paragraph 4 hereof.
   

For the petty offence defined in paragraph 1 of this Article, an alien may also have imposed on him the protective measure of deportation independently or with fine.

Article 101
An alien shall be fined from one to ten times amount of the minimal wage in Montenegro for a petty offence if he:

1. 
   fails to submit an application for the issue of Aliens personal ID Card within 30 days from the day his permanent or temporary residence has been granted (Article 88 paragraph 3);
   
2. 
   fails to submit an application for the replacement of a personal identity card for foreigners (Article 90 paragraph 2);
   
3. 
   fails to restitute an Aliens ID Card, in cases pursuant to the Article 91 hereof;
   
4. 
   fails to report the loss of the document (Article 92); and
   
5. 
   wears a foreign military, police or customs uniform during his sojourn in Montenegro in contravention to the provisions pursuant to the Article 98 and 99 hereof.
   

Article 102

A carrier shall be fined from fifty to two hundred times amount of the minimal wage in Montenegro for a petit offence if it brings an alien to the border crossing or without delay, at its own cost refuses to take him away and cover the costs of the sojourn of the foreigner who does not meet the conditions pursuant to Article 10 hereof (Article 29).
A commercial company (the carrier) shall be fined from one half to twenty times amount of the minimal wage in Montenegro for a petit offence pursuant to paragraph 1 hereof.

For an offence pursuant to paragraph 1 hereof the protective measure of prohibition of performance of the activity can be imposed on the carrier.

XIV TRANSITIONAL AND FINAL REGULATIONS

Deadline for adopting and implementation of bylaws

Bylaws for implementation of this Act shall be adopted within sixt months since coming into force of this Act.

Until adopting of regulations pursuant to paragraph 1 hereof, bylaws adopted pursuant to the Act on aliens movement and stay (“Official Gazette of the SFRY” Nr.56/80, 30/89, 26/90, 53/91 and “Official Gazette of the FRY”, Nr.24/94 and 28/96), if not contrary to tthis Act, shall be implemented.
Deciding on already initiated proceedings

Article 104

Proceedings initiated before coming into force of this Act shall be completed pursuant to regulations valid until coming into force of this Act, if such is more favorable for an alien.

Validity of documents issued pursuant to previous regulations

Article 105

Travel and other documents issued prior to coming into force of this Act, except permit for permanent residence and permit for temporary residence, shall be valid a year upon coming into force of this Act.

Permit for temporary residence issued before coming into force of this Act shall be valid until expiration of the period of its issuance.

Cessation of the implementation of previous Act

Article 106

Starting from the day of coming into force of this Act, shall cessate the implementation of the Act on aliens movement and stay (“Official Gazette of the SFRY” Nr.56/80, 30/89, 26/90, 53/91 and “Official Gazette of the FRY”, Nr.24/94 and 28/96).

Coming into force of the Act

Article 107