VZCZCXRO6536
RR RUEHPOD
DE RUEHPOD #0213/01 1661255
ZNR UUUUU ZZH
R 151255Z JUN 07
FM AMEMBASSY PODGORICA
TO RUEHC/SECSTATE WASHDC 0286
INFO RUEHPOD/AMEMBASSY PODGORICA 0306

UNCLAS SECTION 01 OF 03 PODGORICA 000213 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: EINV KIDE MW
SUBJECT: 2007 REPORT ON INVESTMENT DISPUTES - MONTENEGRO 
 
REF: STATE 55422 
 
MONTENEGRO 
 
 
 
Below is the Montenegro submission for the 2007 report on 
investment disputes and expropriation claims. The Embassy is 
aware of six claims by U.S. citizens related to property 
expropriations that are outstanding against Montenegro. All were 
previously in Post's 2006 report. The Post is not aware of any 
new cases of property restitution claims. 
 
 
 
INVESTMENT DISPUTES 
 
 
 
Post is not aware of any investment disputes involving American 
companies in Montenegro. 
 
 
 
PROPERTY EXPROPRIATIONS 
 
 
 
¶1. 
 
 
 
a) Claimants A (involves three claimants; all three are American 
citizens) 
 
 
 
b) 1981 
 
 
 
c) Claimants' property, a house under construction and a stable, 
is located in Ulcinj.  Two of the claimants inherited property 
from the father.  In 1981, a part of the property was 
expropriated from the father (the size of the property was over 
5,000 m2).  One part of the expropriated property is used for 
the City's Bus Station and parking, whereas the rest of the 
property remains vacant. The claimants were unable to use the 
rest of the property (which is over 3,000 m2), since no possible 
access to the property was left. The father was never 
compensated for facilities that were on the property. 
 
 
 
The claimants filed a claim for restitution of the property in 
December 2004 and addressed this issue to the President of the 
Republic, Prime Minister of the Republic, President of the 
Supreme Court, Municipality of Ulcinj, and the District Court in 
Ulcinj.  The claimants requested access to their property by 
cars and agricultural machines, restitution of unused part of 
the property and compensation of the part used by the Bus 
Station and parking. The claimants submitted a claim to defer 
the proposed sale of the bus station, but a decision has not 
been made. 
 
 
 
Last contact, from claimant to Post, was in June 2005. 
 
 
 
¶2. 
 
 
 
a) Claimant B 
 
 
 
b) 1967 
 
 
 
c) Claimant's property is located in Cetinje.  The property was 
confiscated in 1967. 
 
 
 
Post does not have information on the size of property and an 
estimated value of the property. 
 
 
 
Last contact, from claimant to Post, was in July 2005. 
 
 
PODGORICA 00000213  002 OF 003 
 
 
 
 
¶3. 
 
 
 
a) Claimants C (involves two American citizens) 
 
 
 
b) 2004 
 
 
 
c) Claimant's property is located in Lastva, Municipality of 
Kotor.  In March 2005 the claimant visited Montenegro with the 
intent of beginning the process of building a family vacation 
home on the land.  An official in the planning office in Kotor 
told the claimant that the land had been rezoned within the last 
year as a "green" belt and agricultural area and therefore no 
building would be allowed.  There was a locally advertised 
appeal period during which resident landowners in the affected 
area were notified and did appeal and were granted building 
variances. The claimant was never notified and thus was denied 
any possibility of appealing.  The claimant addressed this issue 
to the Mayor of Kotor and to the U.S. Consulate in Podgorica. 
 
 
 
The total land area and estimated value are unknown. 
 
 
 
Last contact, from claimant to Post, was in July 2006. 
 
 
 
¶6. 
 
 
 
a) Claimant D 
 
 
 
b) 2004 
 
 
 
c) Claimant's property is located in Igalo, Municipality of 
Herceg Novi.  Property was confiscated by the Communist regime. 
The case was forwarded to the Embassy in Belgrade in July 2004. 
 
 
 
The claimant contacted Embassy in January 2007 and informed the 
Embassy that he had hired an attorney, but he had little success 
with his efforts to get a hearing of his claim. Each plea was 
denied, according to the claimant. 
 
 
 
The Embassy sent an inquiry to Municipality of Herceg Novi on 
January 26, 2007,asking about the status of the case. As of June 
2007 there was no response regarding the case status from the 
municipality authorities. 
 
 
 
¶5. 
 
 
 
a) Claimant E 
 
 
 
b) 2000 
 
 
 
c) Claimant's property, inherited from father, is located in 
Gusinje, Municipality of Plav.  The claimant's property, a 
family house, was taken in 1985 by the company AD "Plavsko 
jezero" ("The Lake of Plav") without claimant's consent. 
 
 
 
The claimant filed an appeal to the Higher Court in Bijelo Polje 
in order to seek the return of her property and/or obtain 
compensation from AD "Plavsko jezero". The Higher Court in 
Bijelo Polje denied the appeal.  The claimant addressed this 
issue to the U.S. Consulate Podgorica in April 2006.  The 
Mission sent a letter on July 11, 2006, to the President of the 
 
PODGORICA 00000213  003 OF 003 
 
 
Basic Court in Plav asking that it take necessary measures for 
rapid and just solution on the dispute. 
 
 
 
Last contact, from claimant to Post, was in June 2006. 
 
 
 
¶6. 
 
 
 
a) Claimants F 
 
 
 
b) 1965 
 
 
 
c) Claimant's property, inherited from grandparents, is located 
in Danilovgrad.  The claimant filed for property restitution in 
May 2005.   The case was forwarded to the Consulate in Podgorica 
in September 2005. 
 
 
 
Post does not have an estimated value of the property and other 
details. 
 
 
 
Last contact was in July 2006. The claimant informed the Post 
that he would give up on his request for property restitution. 
 
 
 
Montenegro: 
 
Claimant A: Joseph Briskovic, Luc Brisku, Ibrahim Musovic 
 
Claimant B: Miomir Vukmanovic 
 
Claimant C: Mary Duletich Ellerd, Anne Preston 
 
Claimant D: Spiro Jankovich 
 
Claimant E: Raza Sinanaj 
 
Claimant F: Serge Babic 
BARNES