Restitution in
Serbia and in Montenegro
Serbia along with Montenegro is one of the last countries in the region to tackle
the difficult issue of restitution of property seized or expropriated by
the former communist governments. Private American citizens, and other claimants,
are often frustrated by the lack of progress on this issue. The U.S. Embassy
continues to raise this issue with government officials at the highest levels.
Restitution of seized or expropriated properties differs, depending upon
whether the property is located in Serbia or Montenegro.
Serbia: On June 8, 2005, a new law became effective, allowing registration of a claim to seized or expropriated party. The law covers property taken through confiscation, nationalization, agrarian reform, sequestration, expropriation and other regulations effective after March 9, 1945. Claimants must register their claim no later than June 30, 2006.
Claims must be filed at the following office:
Property Directorate of the Republic of Serbia
Gračanička St. no. 8
11000 Belgrade
A copy of the Registration form is available at the following link: Registration Form
Montenegro: Montenegro passed a restitution law on March 23, 2004. The basic
policy is to provide for restitution in kind, when possible, with cash compensation
or substitution of other state land when physical return is not possible.
The new law establishes a set claims period, after which no further claims
will be possible. Claims must be filed with the municipal Restitution Commission
where the property is located within 18 months after the local commission
is established.
We would encourage any American citizen, seeking restitution, to consult
with an attorney competent in this area. Additional information concerning
consular assistance in judicial matters is available on the State Department's
website. http://www.travel.state.gov/law/info/judicial/judicial_702.html
Finally, we encourage American citizens seeking restitution of property
to contact the Embassy so that we can keep you informed of any changes to
the current situation and to better understand how the restitution process
is working. The Embassy can provide you with more detailed information concerning
where and how to register a claim in Serbia and which office to contact for
restitution claims involving property located in Montenegro.
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