Update to the contribution to the progress report on the process of accession of the republic of macedonia to the european union

3.3RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES

Law Amending the Law on Foreign Exchange Operations was adopted (“Official Gazette of Republic of Macedonia No. 81/08). With the amendments the Central Registry is the competent body for registry of direct investment of residents and non-residents. Before the enactment of the Law, the Ministry of Economy was the responsible institution for these issues.

Relevant bylaws adopted by the Ministry of Economy and published ( “Official Gazette of the Republic of Macedonia ”No.122/08) are: Rulebook on the manner of submissions, entry into register, form, content and manner of keeping the register of direct investments of residents abroad and Rulebook on the manner of submissions, entry into register, form, content and manner of keeping the register of direct investments of non-residents in the Republic of Macedonia.  These rulebooks will be applicable as of October 1st 2008. Central Registry is the competent authority for registry of direct investment of residents and non-residents, instead of the Ministry of Economy.

During the course of September 2008, the Ministry of Education and Science has submitted an application to the European Commission for TAIEX workshop regarding Recognition of professional qualifications, to be held in Macedonia.

3.4FREE MOVEMENT OF CAPITAL

Concerning the issue of liberalisation of acquisition of real estate for non-residents, two important laws were enacted:

1. 
   Law Amending the Law on Ownership and Other Real Rights (Official Gazette of RM No. 92/08) and
   
2. 
   Law on Construction Land (Official Gazette of RM No. 82/08).
   

The provisions of these laws prescribe for equal treatment of EU residents (natural persons and legal entities) and residents of the Republic of Macedonia concerning right to obtain the right of ownership of real estate by inheritance; right of ownership of construction land; right to own an apartment, residential building or commercial premise and the right to long-term lease of construction land. Furthermore the right to long-term lease of agricultural land was also provided.

Regarding the legislative alignment in the field of movement of capital and payments Law Amending the Law on Foreign Exchange Operations was enacted in July (Official Gazette of RM No. 81/08). With the amendments the Central Registry of RM is the competent body for registry of direct investment of residents and non-residents. Before the enactment of the amendments, the Ministry of Economy was the responsible institution for these issues. Furthermore, the amendments prescribe that the customs value of the imported goods shall be determined pursuant to Art. 43 of the Customs Code. In addition with the amendments, harmonisation with the Law on Misdemeanours is achieved, prescribing for sharing of competence between the relevant institutions (the National Bank of RM, Ministry of Finance – State Foreign Exchange Inspectorate and the Customs Authority). Each of these institutions shall establish a Misdemeanour Committee and Intermediary Committee authorised to act upon misdemeanour procedures.
Decision Amending the Decision on the Manner and Conditions for Opening and Maintenance of Accounts of Non Residents was adopted by the National Bank of the Republic of Macedonia (“Official Gazette of the Republic of Macedonia” No.78/08). This Decision allows non residents to deposit foreign currency on their account, during one month, in the amount for which no bordereau is needed.
Regarding the enhancement of the institutional capacity in the filed of money laundering prevention, a system for electronic submission of information concerning cash transactions over 15.000 EUR has been established. This represents an important step towards the finalisation of the Bureau for Prevention of Money Laundering and Terrorist Financing (BPMLFT) data base.
On the 27^th Plenary session of the MONEYVAL Committee (Council of Europe), held in Strasbourg on 07-11.07.2008 the delegation of the Republic of Macedonia successfully presented the Report on the third circle of evaluation of the money laundering prevention system.
In the reporting period the Bureau for Prevention of Money Laundering and Terrorist Financing has finalised the Strategic Plan for 2009-2011.

Тhe National strategy for prevention of money laundering and financing terrorism 2008-2011 is in its final stage.

Within the Twining Project five activities were realised in the course of July and August.

3.5PUBLIC PROCUREMENT

In accordance with the SIGMA Project 2008 and in cooperation with Public Procurement Bureau, two SIGMA missions took place in the Republic of Macedonia in the period between 7^th and 11^thof July.

The first mission was related to the standard tender documents, draft evaluation guidelines and consultations on the upcoming guidelines on the selection criteria in the contract award procedures. Thereafter, the PPB finalised the standard tender documents for supplies – open procedure and they are now available on its website. The second Mission was in the area on integrity and anti-corruption component of the project. SIGMA experts had several meetings with the experts in this field and different stakeholders, both from the contracting authorities and the economic operators.
Two representatives from the PPB participated on the workshop organised by WTO in Geneva in the period 1-3 July on the WTO Government Procurement Agreement.
Representative from PPB participated on a conference organised by the State Anti-corruption Commission on 5-6 July on the degree of implementation of the State Anti-corruption Program.
On July 18, the PPB, together with the Faculty of Economics - Skopje organised a review meeting within the EllectraWeb Project from FP6 Program. The purpose of the meeting was to show current progress of the project. Representative from the EC – Information Society and Media Directorate General attended this review meeting.
Video instructions for filling in the half-year reports on smaller value contracts that should be submitted by the contracting authorities on-line using the PPB web information system for publications of notices and reports were prepared and are now available on Public Procurement Bureau’s website.
Also in cooperation with the USAID Project E-Government, the Public Procurement Bureau organised three workshops on the 24^th , 25^th and the 27^th of July in order to promote the E-procurement system which is fully operational for economic operators and electronic auctions.
On the 23-24^th of September, PPB organised a seminar on the European Defence Procurement. The seminar was organized together with SIGMA, and it was focused on the public procurement in the specific area of national defence. On the seminar 50 representatives participated from targeted defence institutions.