Download Progress Report on the implementation of the National

Second Progress Report of the implementation by Republic of Moldova of the Action Plan on Visa
Liberalisation
Background
EU-Moldova Visa Dialogue was launched on 15 June 2010 and the EU-Moldova Action on Visa
Liberalisation was presented on 24 January 2011.
A National Annotated Agenda for the implementation of the Visa Action Plan has been approved by the
Government of the Republic of Moldova on 16 February 2011. As well, a legislative Program for the
implementation of the EU - Moldova Visa Liberalisation Action Plan was developed by the Parliament to
address the legislative dimension of the Visa Liberalisation Action Plan.
A National Working Group on coordination of the visa liberalization process (MD Visa Task Force) has
been set up and meets regularly.
Overview of the second progress report
The Second Progress Report reflects actions undertaken by the Moldovan authorities since the reception
of the Visa Liberalisation Action Plan (last 11 months) and follows the structure of the Action Plan.
The adjustment of the legal framework until the end of 2011 in the area of justice and home affairs has
been one of the top priorities of the Moldovan authorities on its European integration agenda of reforms.
The Republic of Moldova is committed to fully finalize the implementation of the Ist phase before the
official decision to pass to the evaluation of the second phase of the Action Plan is discussed at the end of
2011 and beginning of 2012.
Updated information on the pending adoption legislation will be submitted to the Council before the end
of January 2012.
Summary
Block 1: Document security, including biometrics – Fully implemented
Taken into consideration that the Republic of Moldova is issuing exclusively biometric passports since 1
January 2011 (in consular and diplomatic missions abroad starting from 1 January 2012) all the legislative
framework is in place, the Calendar Plan for receiving, installing and testing of the equipment for the
complete roll-out of biometric passports and the Action Plan for implementation of the biometric
passports at Moldovan consulates abroad are implemented. Continuous training on Ethical Code for
employees responsible for the administration of the process of documentation of population is organised.
Block 2: Irregular immigration, including readmission – Advanced stage of implementation
Border management
Most of the legislative framework is in place. The National Strategy on Integrated Border Management of
the State Border for years 2011 – 2013 and its Action Plan, a new the Law on state border, as well
Deontological Code of the border guards have been approved. Advanced stage in approval of the Border
Police Law (demilitarization and professionalization of the Border Guards Service). The law is planned to
be adopted by the end of 2011. Working agreement with FRONTEX was signed and a Cooperation
Action Plan with FRONTEX for 2009-2011 is implemented. A new Cooperation Action Plan with
FRONTEX for 2012-2014 was developed.
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Migration Management
Most of the legislative framework is in place. The National Strategy in the field of migration and asylum
and its implementation Action Plan was adopted. Good progress has been achieved in adopting migration
related legislation. Law on integration of foreigners was drafted and planned to be adopted by the end of
2011. High Level Meeting on 24November praised the good implementation of the EU-Moldova
Mobility Partnership. Moldova shared experience with other EaP partners (Armenia and Georgia) and is
ready to transfer good practices with Tunisia and Morocco. Extended Migration Profile is developed.
The Bureau for Migration and Asylum within the Ministry of Interior, the Centre for the Temporary
Accommodation of Foreigners and the Accommodation Center for Asylum seekers are fully operational.
All necessary legislation in the area of asylum is in place.
Smooth implementation of the EU-Moldova Readmission Agreements was ensured. 14 Implementation
Protocols have been concluded (Austria, Belgium, Denmark, Estonia, Hungary, Germany, Latvia,
Lithuania, Luxemburg, Malta, Netherlands, Romania and Slovakia, as well with Switzerland).
Block 3: Public order and security - Advanced stage of implementation
Ongoing reform of law enforcement institutions and authorities in the area of public order and security,
including the police
The Concept of reform of Ministry of Interior, its subordinated and decentralized institutions was
developed and its Action Plan is being implemented. A comprehensive Strategy on the Justice Sector
Reform was adopted and started to be implemented.
Preventing and fighting organized crime, terrorism and corruption
Most of the legislative framework is in place. The National Strategy for prevention and fighting organised
crime and its implementation Action Plan were adopted. The Law for prevention and fighting organised
crime was approved by the Government and planned to be adopted by Parliament by the end of 2011).
A Centre for Fighting Trafficking in Human Beings was established in 2006 and is fully operational. The
National Plan and Additional Plan for Preventing and Combating Trafficking in Human Beings for the
years 2010-2011 were adopted and are implemented. The new Action Plan is drafted. A National Referral
System is in place.
The Anti-Corruption Centre is operational and launched its reform process. A National Strategy for the
Prevention and Fight against Corruption, the Law on Main Ethics Committee and a series of law on
further harmonizing the exiting framework were approved in line with GRECO recommendations. The
CCECC reform strategy was drafted and sent for inter and intra agency consultations and is expected to
be approved by the Government by the end of 2011.
The legal framework for preventing and fighting money laundering and the financing of terrorism is in
place. The National Strategy for preventing and combating money laundering and financing of terrorism
for the years 2010-2012 and the Action Plan for its implementation were adopted.
National Anti-drug Committee was created. The National Anti-drug Strategy for 2011 - 2018 and the
Action Plan on its implementation for 2011 – 2013 were adopted. Official negotiations on Memorandum
of Understanding with EMCDDA are pending the Decision of the EMCDDA Board Members.
The National Centre for Data Protection is fully operational. The Law on the personal data protection (in
a new version) and the Concept of the Automated Information System Register of personal data
controllers were adopted and the Protocol to the Convention for the protection of individuals with regard
to automatic processing of personal data, regarding supervisory authorities and trans-border data flows
was ratified.
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Judicial Cooperation
The main legislative framework in the area of mutual legal assistance is in place. In order to ratify the 2nd
Protocol to the European Convention on mutual assistance a set of legislation was approved by the
Government and pending adoption by the Parliament by the end of 2011, namely: (1) Law on special
investigating activity; (2) Law on the amendment of the Criminal Procedural Code in order to adjust it to
the new provisions on combating cross-border crime and international joint investigation teams. At the
same time, a revised national legislation on interception of telephone conversations and relevant
legislation in the framework of Police Cooperation Convention for South East Europe was approved by
the Government and are planned to be adopted in the Parliament by the end of 2011.
Law enforcement cooperation
A permanent liaison officer to EUROPOL is delegated by the Republic of Moldova. A decision to start
negotiations on the Operational Agreement with Europol is currently pending. The informal consultations
with EUROJUST in order to sign the cooperation agreement continued.
Block 4: External relations and fundamental rights - Advanced stage of implementation
The main legal framework is in place. The National Human Rights Action Plan and the Action Plan on
Roma Support for 2011 – 2015 were adopted. The implementation of the documents will be reflected in
the 2012 state budget. The Law on prevention and fight against discrimination was revised additionally in
close consultations with civil society representatives and EU expertise and is scheduled to be adopted by
the Government by the end of 2011 and planed to be adopted in the final reading by the Parliament at the
beginning of 2012. Moldovan Government in close cooperation with civil society is organizing
information campaigns in order to inform the Moldovan society about the content of the new legislation.
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Block 1: Document security, including biometrics
1st phase (legislative and policy framework):
1. Consolidation of the legal framework for the issuing of machine
Status of Progress:
readable biometric passports in full compliance with highest ICAO - Fully implemented;
standards on the basis of secure identity management (civil registry
and breeder documents) and taking into account adequate protection
of personal data
1.1. Amendment of the legal framework for the universal issuance of electronic passports with
biometric data in compliance with personal data protection legislation
The Law on the amendment of the Law no. 273-XIII from 9 November 1994 on identity documents of the
National Passport System was adopted by the Parliament on 9 June 2011, published in the Official
Gazette of the Republic of Moldova, on 8 July 2011, no. 110-112, art. 303 (See attached Annex 1).
Description: The amendments include for the first time provisions on the implementation of temporary
passports for entry/exit from/to the country for some categories of persons with disabilities (it was not
reflected in national legislation before), as well the adjustment of the travel documents for stateless
persons to the requirements of the Convention on the status of stateless persons from 28 of September
1954 from New York and ensuring stateless persons with identity documents with biometric data. The
amendments are following the requirements of:
 The Council of the European Union Regulation (CE) No. 2252/2004 of the on standards for
security features and biometrics in passports and travel documents issued by member states is
aimed at establishing certain categories of people, who are exonerated from mandatory
incorporation of digital fingerprints in the passports (travel documents) like physically disabled
persons for whom the process of fingerprints take is impossible. The law foresees that for persons
who are temporarily incapable to be taken fingerprints, passports (travel documents) shall be
issued for a period of validity of 12 months.
 The Convention relating to the Status of Stateless Persons, adopted on 28 September 1954 in
New York, with regard to the name of the identity document issued to the stateless persons,
permanently residing in the Republic of Moldova for purposes of travelling abroad: „Stateless
Person's Travel Document” (Convention dated 28 September 1954)” – current name being
„Stateless Person's Passport”.
The Law on the amendment of some legislative acts (Law no. 273-XIII from 9 November 1994 on
identity documents of the National Passport System) was adopted by the Government on 18 November
2011 (Government Decision no 872 from 22 November 2011 and submitted to the Parliament for
approval.
Description: The main amendments to the law excludes the option of extending the term of validity of
service and diplomatic passports (the previous version of this paragraph had a sentence which indicated
the right of diplomatic and service passport holders to extend the term of validity of their passport) and
excludes the option of including the picture and data of children in diplomatic and service passports, thus
implementing the „one person – one document” principle (the previous version of paragraph (4) had an
additional sentence indicating the possibility of including the picture and data of children in diplomatic
and service passports).
The issuance of the temporary passports for certain categories of disabled persons
The issuance of the temporary passports for certain categories of disabled persons was launched.
Software adjustments have been operated to the following services:
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Production and issuance of the passports with biometric data to the citizens of the Republic of
Moldova, persons whose digital fingerprints cannot be collected temporarily due to their physical
condition (PA).
Production and issuance of the passports with biometric data to the citizens of the Republic of
Moldova, persons whose digital fingerprints cannot be collected permanently due to their
physical condition (PA).
Production and issuance of the travel document with biometric data to stateless persons, whose
digital fingerprints cannot be collected temporarily due to their physical condition (PC).
Production and issuance of the travel document with biometric data to stateless persons, whose
digital fingerprints cannot be collected permanently due to their physical condition (PC).
On 26 August 2011 the qualification testing of the adjustments operated in the software was carried out
and on 13 September 2011 according to the Instruction D-100 the operational testing was launched.
The issuance of diplomatic and service passports with additional biometric data
The Ministry of Foreign Affairs and European Integration has made necessary arrangements for the
issuance of diplomatic and service passports with additional biometric data included, such as: blood type,
fingerprints and digital photo. The Ministry of Information Technology and Communication suggested as
a temporary option the utilization of the same passports booklets containing additional electronic sticker
with needed biometric data attached to it. This procedure shall be made use of until new electronic
booklets are purchased. Technical arrangements have been set and the following technical tasks have
been agreed on for electronic diplomatic and service passports:

Task ST MD 35-37603221-105:2010 “passport booklet containing integrated circuit for
diplomatic passport (e-PD)”.

Task ST MD 35-37603221-106:2010 “passport booklet containing integrated circuit for service
passport (e-PS)”.
The common order of the Ministry of Foreign Affairs and European Integration and the Ministry of
Information Technology and Communication on the Manual regarding the procedure of issuing
diplomatic and service passports containing biometric data was drafted and was submitted for approval
and signature.
1.2. Amendment of the legal framework and regulation on the extending the scope of state fingerprint
registration
The Law on the amendment of the Law no. 1549-XV from 19 December 2002 on state fingerprint
registration was adopted by the Parliament on 9 June 2011, published in the Official Gazette of the
Republic of Moldova on 1 July 2011, no. 107-109, art. 288 (See attached Annex 2).
Description: The amendments are operated to ensure the processing of the collected fingerprint
information for issuance of biometric passports in order to harmonise to the Article 2 of the Law No. 273XIII from 9 November 1994 on identity documents of the National Passport System, which sets forth the
mandatory incorporation of biometric data (digital picture and fingerprints) in passports and travel
documents. The fingerprint information, collected under the above mentioned conditions shall
subsequently be processed in compliance with the Law no.17-XVI from 15 February 2007 on personal
data protection (Law no. 133 from 8 July 2011, published in the Official Gazette of the Republic of
Moldova on 14 October 2011, no. 170-175, art. 492, that will enter in force on 14.04.2012.). The
amendments are in line with the requirements of the Council of the European Union Regulation (CE) no.
2252/2004 on standards for security features and biometrics passports and travel documents.
The relations arising from the acquisition of fingerprint information during the process of production and
issuance of ID documents that contain biometric data are carried out exclusively by the competent
subunits of the Ministry of Information Technology and Communications and diplomatic missions and
consular offices of the Republic of Moldova and can be used only in the process of production of
biometric ID documents and their issuance to citizens.
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On the other hand, the process of state fingerprint registration according to the Law no. 1549-XV of 19
December 2002 regulates the acquisition of fingerprint information by authorities with prosecution
competences in order to identify and confirm the identity of Moldovan citizens and stateless persons,
necessary to carry out the criminal investigation activity. This type of data can only be used by the
authorities with prosecution competences in cases regulated by the national legislation and can’t be used
in the process of production and issuance of biometric ID documents.
In this regard, the relations arising from the acquisition of fingerprints in the process of production and
issuance of biometric ID documents had to be legally differentiated from the process of fingerprint
registration regulated by the Law no. 1549-XV of 19 December 2002 on state fingerprint registration.
Therefore, by the means of the Article 1 (2) of the Law on amending the Law no. 1549-XV of 19
December 2002 on state fingerprint registration, adopted on 9 June 2011, the provisions of the given Law
have not been extended to the relations arising from the acquisition of fingerprint information during the
process of production and issuance of ID documents that contain biometric data.
In this context, the relations arising from the acquisition of fingerprints in the process of issuing ID
documents that contain biometric data have been set under the regulations of the Government Decision on
amending the Decision no. 376 from 6 June 1995 on the additional measures to create the National
Passport System (chapter III on the procedure of digital fingerprinting in the process of documentation
with biometric passports and travel documents). This data will be collected, maintained, updated and used
by the authorities issuing ID documents according to the new Law on the protection of personal data,
which corresponds to the European Convention no. 108 of 1981 for the protection of personal data on the
automated acquisition of personal data.
1.3. Amendment of the legal framework and regulations on extending the State Register of Population
The Government Decision no. 337 on amendment of the Government Decision no. 376 from 6 June 1995
regarding the additional measures to create the National Passport System has been adopted by the
Government on 10 May 2011, published in the Official Gazette of the Republic of Moldova on 17 June
2011, nr. 99-101, art. 464 (See attached Annex 3).
Description: The Decision establishes the mechanism of acquisition and processing of biometric
information and regulates the legal relations between individuals, legal persons, law enforcement and
local government bodies to ensure free-movement in the country and the right to establish residency
anywhere in the Republic of Moldova. These rules have been set in compliance with the Council of the
European Union Regulation (CE) no. 2252/2004 of the standards of security and biometric elements
included into passports and travel documents.
A Government Decision no. 337 on amendment of the Government Decision no. 333 from 18 March
2002 on the Concept of the Automated Information System „State Register of Population” and the
Regulation on the “State Register of Population” developed in order to extend departments of the State
Register of Population dealing with information on biometric data has been adopted by the Government
on 10 May 2011, published in the Official Gazette of the Republic of Moldova on 17 June 2011, nr. 99101, art. 464 (See attached Annex 3).
Description: Data on digital fingerprints and digital photo have been added to the section “data about
physical person” of the concept of the Automated Information System “State Register of Population”,
approved by the Government Decision no. 333 from 18 March 2002 in order to meet the requirements of
the Law on identity documents of the National Passport System no. 273-XIII from 9 November 1994 (See
attached Annex 3). The amendments are in compliance with the Council of the European Union
Regulation (CE) No. 2252/2004 on the standards for security and biometric elements included into
passports and travel documents.
2. Adoption of an Action Plan containing a timeframe for the Status of Progress:
complete roll-out of ICAO-compliant biometric passports, including Fully implemented - Action
at Moldovan consulates abroad, and the complete phasing out of non- Plan adopted, complete roll6
ICAO compliant passports;
out
of
ICAO-compliant
biometric passports since 1
January 2011 and from 1
January 2012 at Moldovan
consulates abroad.
2.1. Action Implementation of the Action Plan on the issuance of biometric passports on the basis of
Government Decision no. 317 from 28 of April 2010
Since 1 January 2011, the Republic of Moldova is issuing exclusively biometric passports.
Since February 2008, the Republic of Moldova issued machine readable biometric passports in
compliance with the ICAO standards.
The Ministry of Information Technology and Communication (MITC) is the governmental agency
responsible for the issuance of identity documents in the Republic of Moldova. The MITC issues
passports, ID cards, driving licenses, permanent and temporary residence permits and travel documents
for refugees.
Description: The Action Plan on the issuance of biometric passports on the basis of Government
Decision no. 317 from 28 April 2010 (amended by Government Decision no. 337 from 10 May 2011) and
the Law no. 135 from 1 July 2010 on the amendment of the article 2 of the Law no. 273-XIII from 9
November 1994 on identity documents of the National Passport System was implemented (See attached
Annex 4). On the 24 February 2011, the Parliament adopted the Law amending the article 2 the Law no.
135 from 1 July 2010 on the amendment of the article 2 of the Law no. 273-XIII from 9 November 1994
on identity documents of the National Passport System, which extended the period of issuing nonbiometric passports within the Moldovan consulates and embassies abroad to Moldovan citizens until 31
December 2011. An Action Plan on the exclusive issuance of biometric passports to Moldovan citizens
and the Action Plan of the Ministry of Information Technologies and Communication on ensuring the
issuance of biometric passports starting 01.01.2011 have been developed for the implementation of the
project “Biometric passports for Moldova”, funded by the European Commission. Therefore, the
following actions have been carried out:
1. The call for Tender had been launched on 7 February 2011. The Tender opened its session on 28
March 2011. The final deadline for implementation of the equipment, procured through the EU
Tender is 25 December 2011.
2. The installation of the equipment for biometric passports data processing within the diplomatic
and consular missions of the Republic of Moldova abroad shall be accomplished upon the
finalization of the EU Tender and equipment delivery to the Republic of Moldova embassies and
consulates abroad. MD authorities are implementing the Calendar Plan for receiving, installing
and testing of the equipment for the complete roll-out of biometric passports (see attached Annex
5) and the Action Plan for implementation of the biometric passports at MD consulates abroad
(see attached Annex 6). The State Enterprise CSIR “Registru” is designated as a Supervisor of
planning, monitoring, coordinating activities, providing assistance and organizational
consultation to beneficiaries of the equipment purchased by the EU.
3. The existent supply of passport booklets is sufficient to cover the needs for documentation of
citizens with passports during the next period of 1 – 1.5 years. There have been designed and
approved relevant technical requirements for each type of passports. The tender for procurement
of passport booklets was launched in June 2011.
4. The cost of the biometric passport issued following the normal procedure (1 month) is 700 lei
(approximately 44 Euros). Measures for cutting down the cost of the biometric passports,
especially for children were undertaken. In this context, the cost of the biometric passports issued
for children less than 7 years old is 430 lei (approximately 26 Euros) and for children between 7 –
12 years old is 600 lei (approximately 41 Euros).
5. All necessary equipment has been installed and put into operation in all of the offices for
population documentation. According to the statistical data during January – October 2011
226557 requests were submitted for production and issuance of biometric passports and - 209407
biometric passports were produced and issued.
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6. 31 out of 41 border crossing points are equipped with relevant scanning devices for biometric
passports’ processing and use special software to perform the control of certificates (special next
generation reading devices MRZ + biometric data from electronic chip) and 10 are equipped with
simple reading devices (only MRZ).
7. The EU Delegation to the Republic of Moldova accepted to support financially the accession to
the ICAO Trust Centre and Moldova’s first year membership fee. Accession of the Republic of
Moldova to the ICAO PKD was done with the purpose to receive CSCA certificates and CRL
(Certificate Revocation Lists) to verify the authenticity of biometric passports data of other
countries and providing our certificate to other countries for the same verification on their side.
Aiming at the integration into the ICAO infrastructure and at exchanging information with EU in
this regards, on 27 October 2010, the Ministry of Information Technology and Communications
sent the following documents to the EU Delegation in the Republic of Moldova:
- Notice of Registration - informing about the participation of the Republic of Moldova at
ICAO Public Key Directory (PKD);
- Memorandum of Understanding (MoU) – refers to the conditions of participation at
ICAO PKD;
- Letter on behalf of ICAO - informing about the registration service cost;
- Invoice for ICAO registration fee payment.
8. A special Plan for media coverage for 2010 - 2011 has been drawn up. Thus, only in the period 1
January - 31 December 2010 the following activities have been carried out: 17 radio and 49 TV
programs, 16 articles in magazines and newspapers. During 2011 the employees of the CSIR
“Registru” have already participated in 11 TV programs, 3 radio programs.
Additionally, Romanian Consulate and the Common Application Center (under Hungarian lead) have
access to the State Register of Population under specific conditions in order check biometric passports
data while issuing visas. The procedure is opened to other diplomatic missions upon request.
Regarding a clear schedule for the complete phasing out of non-ICAO-compliant passports
Passports that do not contain biometric data issued until 1 of January 2011 within the Republic of
Moldova and the ones issued until 31 December 2011 abroad will be valid until the expiration date.
The complete phasing out of non-ICAO compliant passports was planned as follows:
At the end of 2011, 2211886 old documents will be valid;
At the end of 2012, 2165206 old documents will be valid;
At the end of 2013, 2127017 old documents will be valid;
At the end of 2014, 2083597 old documents will be valid;
At the end of 2015, 2054583 old documents will be valid;
At the end of 2016, 1677872 old documents will be valid;
At the end of 2017, 1198196 old documents will be valid;
At the end of 2018, 829484 old documents will be valid;
At the end of 2019, 502613 old documents will be valid;
At the end of 2020, no old documents will be valid.
3. Establishment of training programmes and adoption of ethical
codes on anti-corruption targeting the officials of any public authority
that deals with passports, as well as identity cards and other breeder
documents.
Status of Progress:
Fully implemented - Ethical
Code on anti-corruption
adopted,
training
programmes are carried out
3.1. High level knowledge and awareness on ethics and anti-corruption of the public officials involved
in the process of population registration and documentation
CSIR “Registru” has approved „The Ethical Code for employees responsible for the administration of the
process of documentation of population” on 1 April 2011 (See attached Annex 7).
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Description: The code establishes the basiс rules of behavior and ethics, the general principles of conduct
of employees, the rules to provide qualitative services, measures for prevention of corruption and conflict
of interest cases.
Therefore, the Code of Ethics includes of the following areas of regulation:
 Description of basic principles and professional values.
 Description of the rules of professional conduct, including the obligation to carry out the duty in good
faith and high quality, respect of the legislation on access to information, not to admit or engage in any
electoral activities or the ones that would result in conflicts of interest, obligations of managers, etc.
 Description of behavior and professional obligations towards citizens;
 Response to unfair advantages, including the obligation of their refusal, not to receive gifts and other
valuables and services for fulfillment of functional obligations and to inform the direct superior about
the attempts to propose unfair advantages.
 Monitoring of the respect of the Code of Ethics.
Regarding the sanctions, the disciplinary measures are being regulated by the Labour Code of the
Republic of Moldova and are applied to all the employees and public servants working in the local and
central public authorities. Thus, according to the article 86 (1) g)-r) of the Labor Code, the employees of
the CSIR “Registru” may be subjected to the following disciplinary measures: “warning”, “reprimand”,
“severe reprimand” and “dismissal”.
Additionally, the Law on amendment of some legislative acts was approved by the Government on 20
August 2011 and by Parliament on 25 November and namely:
Law no.16 of 15 February 2008 on conflict of interest, which proposes a new version of the article
on comprehensive provisions of the obligation not to accept gifts without any derogations;
Law no.25 of 22 February 2008 on Code of conduct for public servants, which prohibits the
acceptance of gifts, services, favours, invitations or any other advantage considering public office
position they hold.
Simultaneously, the draft Law proposes amendments to the Law of the Code of conduct for public
servants in order to include the obligation of public servants to report violations of the Code, and
provisions on liability for violation of the Code.
Subsequently, the Code of Ethics is reviewed by experts of CSIR “Registru” in order to include the last
legislative changes in this area.
CSIR “Registru” has approved “The Program for continuous training of the employees of the CSIR
“Registru” with competences in the processes of documentation population” on 29 April 2011. (See
attached Annex 8)
Description: The Training Centre of the CSIR “Registru” organized training courses for the employees
of the territorial subdivisions for documentation of population. During the first 10 month of 2011 43
employees participated in the above-mentioned courses.
The following training courses have been organized:
 Legislation of the Republic of Moldova on breeder documents (on 31 March 2011);
 Requirements for an efficient work with documents and requests submitted by the citizens (on 31
March 2011);
 Code of ethics of the employees responsible for administration of population documentation
processes (on 28 April 2011);
 Procedure of employees performance review of the CSIR “Registru” (on 28 April 2011);
 Basic concepts regarding the detection and management of corruption risks (on 24 June 2011)
with participation of the Center for Combating Economic Crimes and Corruption representatives;
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Also, during 2011 workshops within the Documentation Department on “Managerial development and
leadership” and “Efficient conflicts resolution approaches” with participation of psychologist have been
organized.
General Director of the CSIR “Registru” approved the Order “On some prevention measures against
corruption and protectionism” on 31 May 2011 and “The Risk Management Action Plan regarding the
corruption risks in the area of population documentation and civil status registration” on 11 August 2011.
Description: The following measures of the Risk Management Action Plan regarding the corruption risks
in the area of population documentation and civil status registration were implemented:
- Video monitoring of the examination process of graduates of driving school is carried out on
a permanent basis;
- Unexpected controls have been carried out during the examination process in the mentioned
territorial subdivisions;
- Verification of the requirements fulfilment at different stages of identity documents
production is performed;
- Periodical collocation of data regarding the execution of restrictions (in the data base from
archive);
- The Component list of functions and officials with access to state secret has been revised, etc
All the staff, including management of the central and territorial offices of evidence and documentation of
population took notice (by signature) of the Order “On some prevention measures against corruption and
protectionism”.
2nd phase (benchmarks for effective implementation):
4. Gradual roll-out of biometric passports in compliance with ICAO Status of Progress:
stage
standards, including at Moldovan consulates abroad, and phase-out Advanced
implementation
of non-ICAO compliant passports
of
Republic of Moldova is issuing exclusively biometric passports since 1 January 2011.
4.1. Implementation of biometric enrolment infrastructure in consulates and embassies of the Republic
of Moldova abroad
Description: The installation of the equipment for biometric passports data processing within the
diplomatic and consular missions of the Republic of Moldova abroad shall be accomplished upon the
finalization of the EU Tender “Equipment for the introduction of biometric passports” with the
equipment delivery to the Republic of Moldova embassies and consulates abroad. MD authorities are
implementing the Calendar Plan for receiving, installing and testing of the equipment for the complete
roll-out of biometric passports (see attached Annex 5) and the Action Plan for implementation of the
biometric passports at MD consulates abroad (see attached Annex 6). The State Enterprise CSIR
“Registru” is designated as a Supervisor of planning, monitoring, coordinating activities, providing
assistance and organizational consultation to beneficiaries of the equipment purchased by the EU.
The following actions have been carried out:
The Decision on permission to the supplier to import the equipment in the Republic of Moldova was
approved by the Government.
The Agreement on furnishing informational services via IRS „ACCES-Web” nr. 323-AW between
the CSIR „Registru” of the MITC and the MFAEI of the Republic of Moldova had been concluded
on 27 May 2011 based on which a range of embassies of the Republic of Moldova abroad were
connected to the information resources of the CSIR „Registru”.
The supply company "Ericsson", contracted by the EU, already delivering the equipment. The
procedure for the reception of equipment and for the implementation process was agreed between
with beneficiaries (State Enterprise CSIR “Registru”, Bureau of Migration and Asylum of the
Ministry of Interior, National coordination office of Interpol of the Ministry of Interior, State
Enterprise “Special Telecommunications”, Border Guards Service, Ministry of Foreign Affairs and
European Integration) on 2 September 2011.
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The list of diplomatic missions and consular offices of the Republic of Moldova which were
connected to Internet in order to install the equipment for taking biometric data was submitted by
MFAEI on 13 September 2011
According to the provisions of the technical regulation "Software life cycle processes" RT 38370656
- 002:2006 the relevant software product for the diplomatic missions abroad was procured and tested
in order to ensure the establishment of a secure telecommunication channel and distribute the
software and hardware complex
The equipment was delivered and installation process was initiated by the beneficiaries, as well as
the process of collecting biometric data from diplomatic missions has been launched.
The Regulation on electronic acquisition of data and its processing using digital signature with
further takeover of this information on paper was drafted.
NOTE: The Center for State Information Resources “Registru” as a pro active action, separate from the
EU Tender, purchased a graphical station in order to test the pilot project of the CSIR “Registru” –
“Biometric passport” within the Embassy of the Republic of Moldova in Rome. The experimental testing
was carried out during the period of 19-26 February 2011. Therefore, testing successfully passed the trial
operation has been suspended due to technical reasons related to moving of the Embassy of the Republic
of Moldova in Rome (Italy) to another building.
All these measures will create conditions for citizens living abroad to obtain passports containing
biometric data at the consular offices of the Republic of Moldova
4.2. Increased level of documents security
Description: The set of technical documents necessary in order to carry out the tender for the
procurement of new passport booklets with integrated chip was prepared and sent to the Ministry of
Finance. The Request for expression of interest for potential bidders was posted by the Ministry of
Finance on its website and published in the weekly journal “Economic review” from 29 April 2011 and in
the Public Procurement Bulletin. An inter-ministerial working group was created for arranging and
carrying out the Tender on procurement of passport books with integrated chip. Necessary documents of
the organizations, showing interest in participation in the Tender on procurement of passport books with
integrated chip have been prepared. Tender documentation and technical specifications are finalized
within the Inter-ministerial working group and were submitted to the Government of the Republic of
Moldova.
5. High level of integrity and security of the application, Status of Progress:
stage
personalization and distribution process for passports, as well as Advanced
implementation
identity cards and other breeder documents.
of
5.1. Improvement of the identification process of persons from the Transnistrian region applying for
Moldovan documents
Description: By the Decision of the Ministry of Justice no. 01/1771 from 18 March 2011 an Working
Group on issues related to civil status documents was established. The Working Group developed
Government Decision no. 337 on amendment of the Government Decision no. 376 from 6 June 1995
regarding the additional measures to create the National Passport System has been adopted by the
Government on 10 May 2011, published in the Official Gazette of the Republic of Moldova on 17 June
2011, nr. 99-101, art. 464 and proposed a self-declaratory statements for improving identification of
persons from the Transnistrian region through family members and relatives, as well as for recognition of
breeder documents and registration in the Transnitrian region.
According to the Government decision the following procedure of the persons’ identification is provided:
“Children with no parental tutelage or who are under the state tutelage are to be identified, respectively,
by the tutelary authority or by the administration of the respective institution.
Identification of the persons that reached the majority age and have not been documented earlier or whose
identity can not be established upon the documents issued earlier is to be performed upon the declaration
11
on the responsibility of one of the parents, legal representatives or other relative of the I-III degree. If the
identification is done by relatives of the II-III degree, it is necessary to present additionally other
confirming documents issued by the local public authority or other state institution that possess
information on the respective person (military ID, pension card, certificate issued by the institution where
the person works or studies, etc. – if these somehow may lead to a person’s identification).
If the person can not be identified in the established manner, his/her identity is to be established by the
judicial instance”.
In accordance with Art. 352 par. 1 of the Criminal Code of the Republic of Moldova, false statements in
front of a public office in order to produce a legal consequence for a third person, is punishable with a
fine or up to one year imprisonment.
5.2. Improvement of identification accuracy and enrolment security
Description: The General Requirements for Automatic Facial Recognition System have been drafted and
approved on 1 July 2011. Technical solutions for implementation of Facial Recognition technology in the
informational systems have been drafted jointly by CSIR “Registru” and „L1 Identity Solutions”
company. „L1 Identity Solutions” company preseneted and informed the Moldovan Law enforcements
bodies about the modern possibilities to perform person’s identification (including Facial Recognition).
Technical specifications of the system for persons’ biometric identification (facial) has been developed
and approved within the CSIR “Registru”, Ministry of Information Technology and Communication.
The main stages of the introduction of Facial Recognition system are:
 Carry out a database cleansing (“scrub”) based on the photos currently in the system in order to
achieve a reliable dataset to be used as a baseline;
 Add automated quality check in the registration process to ensure that the portrait capture meets
relevant international standards and also are suitable for facial recognition systems;
 Implement a facial recognition system to identify duplicate enrolments and to verify identity of
citizens already enrolled;
 Introduce a new operational workflow that ensures that a biometric check is performed prior to
issuance of a new document.
5.3. Improvement of the security of production and personalization of biometric passports
Description: The improvement of the production and personalization process of electronic passports is
being carried out simultaneously with the above mentioned tender, which is a part of the project
“Biometric passport for Moldova” funded by the European Commission. The final deadline to implement
the equipment purchased through the EU Tender is 25 December 2011.
5.4. Development of passports’ production and personalization for certain categories of disabled
persons
The issuance of the temporary passports for certain categories of disabled persons was launched after the
draft Government Decision on amending the Government Decision no. 376 from 6 June 1995 regarding
the additional measures to create the National Passport System and the draft Law on the amendment of
the Law no. 273-XIII from 9 November 1994 on identity documents of the National Passport System
were approved.
Software adjustments have been operated to the following services:
-
-
Production and issuance of the passports with biometric data to the citizens of the Republic of
Moldova, persons whose digital fingerprints cannot be collected temporarily due to their physical
condition (PA).
Production and issuance of the passports with biometric data to the citizens of the Republic of
Moldova, persons whose digital fingerprints cannot be collected permanently due to their
physical condition (PA).
12
-
Production and issuance of the travel document with biometric data to stateless persons, whose
digital fingerprints cannot be collected temporarily due to their physical condition (PC).
Production and issuance of the travel document with biometric data to stateless persons, whose
digital fingerprints cannot be collected permanently due to their physical condition (PC).
On 26 August 2011 the qualification testing of the adjustments operated in the software was carried out
and on 13 September 2011 according to the Instruction D-100 the operational testing was launched.
5.5. High level of security of civil status breeder documents
Description: At the moment, the Ministry of Information Technology and Communication and the
Ministry of Justice (the Civil Status Service) are working on the draft law on establishing the single
economic operator responsible for duplicating forms of acts and of civil status certificates, under the
public procurement procedure “from a single source”.
As regards the digitalization of civil status breeder documents, the Civil Status Service has developed a
draft plan of the financial needs for this action and submitted it to the State Chancellery and the Ministry
of Foreign Affairs and European Integration for the identification of potential external resources and
partners.
6. Prompt and systematic reporting to Interpol/LASP data base on Status of Progress:
Implemented
lost and stolen passports
6.1. Consolidation of the mechanism of electronic communication between the Ministry of Information
Technology and Communication and Ministry of Interior
Regular reporting of secure data regarding lost and stolen passports to the National Central Office of
INTERPOL is carried out through a real-time electronic system. Technique Channel of interaction
between MTIC-BNC Interpol-Secretariat OIPC Interpol was developed, was tested in May 2011 and was
enabled in October 2011. In the meantime, the Ministry of Interior drew up a set of proposals for the
amendment of the Law no. 216-XV from 29 May 2009 on Integrated Information System aiming to
facilitate its implementation in the nearest future.
The information from the State Register of Population regarding all lost and stolen passports is sent to the
Ministry of Interior on a daily basis on the Agreement between the Ministry of Interior and the Ministry
of Information Technology and Communication, signed on 5 July2011.
6.2. Online information exchange between the Ministry of Information Technology and
Communication and Ministry of Interior, for the purpose of interchange with Interpol on lost and
stolen passports
A bilateral agreement between the General Secretariat of ICPO INTERPOL, from Lyon, France with the
National Central Office of INTERPOL together with CSIR “Registru” was negotiated and signed in order
to install the PUSH&PULL technology necessary for connecting to the Interpol system I-24/7INSYST of
electronic real-time reporting of lost and stolen passports. The Channel and PUSH&PULL technology
was tested in May 2011 and is functioning in normal regime since October 2011.
7. Regular exchange of passport specimens and cooperation on Status of Progress:
Implemented
document security with the EU.
7.1. Updating EU member states on new passport specimens, as per their changes.
The EU Member States missions will be kept updated on new passport specimens (as per their change) by
sending information through an established channel of communication: Ministry of Information
Technology and Communication – Ministry of foreign Affairs and European Integration – EU member
states missions on yearly basis, by the month of September.
13
Moreover, since 2009 the Republic of Moldova joined the PRADO - Public Register of Authentic Identity
and Travel Documents online of the Council of the European Union (See
http://www.consilium.europa.eu/prado/EN/categories/MDA/showAllDocuments.html). The last update in
the PRADO system was done on 1 July 2011, introducing the new specimens with the Moldovan
biometric passports security features.
14
Block 2: Irregular migration, including readmission
Border management
1st phase (legislative and policy framework):
1. Consolidation of the legal framework for border management
including adoption of a new Law on the State Border, allowing the
Moldovan Border Guard Service to participate in detection and
investigation of cross border crime in cooperation with all competent
law enforcement authorities and extending its area of responsibility
to the whole territory, as well as a legal framework for efficient interagency cooperation between the Border Guard Service, law
enforcement agencies and other agencies involved in border
management.
Status of Progress:
Advanced
stage
of
implementation The Law on
state border was adopted,
Law on Border Police was
approved by the Government
and is pending approval of
the Parliament
1.1. Consolidation of the legal framework in the area of border management
Integrated state border management activities are undertaken by the Border Guard Service and Customs
Service within the Ministry of Finance (which assures customs regulations regarding goods,
transportation means and persons crossing the state border).
The legal framework of the Border Guard Service activity includes the Constitution, international and
bilateral treaties (agreements) and following key legislative and normative acts:
Law no-162/ 13July 2007 on Border Guard Service (law on Border Police is examined by the
Parliament and will substitute the Law no.162)
- Law no.215/ 4 November 2011 on state border of the Republic of Moldova;
- Law no. 269/9 November 1994 on entrance and exit from the Republic of Moldova;
- Law no.200/16 July 2010 on regime of foreigners;
- Law no.270-XVI/18 December 2008 on asylum;
- Law no. 273-XIII/9 November 1994 on identity documents from national passport system;
Law no. 275-XIII/10 November 1994 regarding the legal status of foreign citizens and stateless
persons in the Republic of Moldova
Decision of the Government no. 376/ 6 June 1995 on additional measures for the
accomplishment of national passport system.
Decision of the Government no. 1212/ 27December 2010 on approval of the National Strategy
on Integrated State Border Management for the period of years 2011 - 2013
Decision of the Government no.352/16 May 2011 on approval Action Plan on implementation
of the national Strategy on Integrated State Border Management for 2011-2013

The draft Law on state border of the Republic of Moldova was approved by the Government on
22 June 2011 and was approved by the Parliament on 4 November 2011. (See attached Annex 1).
The new Law on state border amends and will replace the Law on state border of the Republic of
Moldova no. 108 from 17 May 1994.
Description: The new draft Law is in line with the EU norms and regulations in the field, and namely
Regulation (EC) no. 562/2006 of European Parliament and of Council from 15 March 2006 on the
establishment of a Community code on the rules which are on the basis of free movement of persons
across the border (Schengen Border Code) and Council Directive 2004/82/C from 29 April 2004.
The features distinct from the previous law are the following:
 the competence of the Border Guards will be extended throughout the country;
 specific conditions are expressly set for authorization of border crossing, necessary documents
for authorization are listed, the procedure of the refusal of border crossing, as well as of
minimal, thoroughly and second line control are established;
 the regime of border crossing points includes expressly the rights and obligations of the
travelers;
15


regulations related to stamping documents, conditions for a lesser (“relaxed”) border control are
introduced, the establishment of border crossing corridor is regulated in order to prevent illegal
migration and to facilitate the movement of persons across the border, various obligations of
the carriers are set.
In order to amend the Law on the Border Guard Service no.162 from 13 July 2007 the Border
Guards Service and Ministry of Interior developed the draft Law on Migration and Border
Service as an implementation provision of the National Strategy on Integrated State Border
Management for 2011-2013 was approved by the Government on 6 July 2011. After additional
analysis within the parliamentary commissions, a number of amendments were made to the text,
as well as to the name of the draft Law, the title of which is now the Law on Border Police. It is
expected to be adopted by the end of 2011, and will enter into force on 1st July 2012. (see
attached Annex 2).
Description: The draft Law amends the national legislation in view of demilitarization and
professionalization of the Border Guard Service. The Border Police will be public administration
authority within the Ministry of Interior and will be in charge of promoting policies in the field of
integrated state border management. The competences of the Border Police will be extended throughout
the country. The staff carrying out border control will be professionally qualified and trained.
Following the adoption of the law and integration into the Ministry of Interior, Border Police will be
empowered with competences in investigation of border crimes, trafficking in human beings, forgery of
travel documents, examination and application of penalties for offences related to state border regime, as
well competences for conduct of legal expertise of travel documents.
Structurally Border Police will be divided into 3 levels: I - Strategic (Border Police Department); II operational (regional border police directorates); III - Tactical (crossing points, border units, other units).
The Ist and IInd levels units will have decision, financial and human resource autonomy. All staff
involved in border control will be employed on contract basis.

Moreover, taking into consideration the implementation of the National Strategy for Integrated
Border Management for 2011 – 2013, the Border Guards Service developed the draft Law on the
amendment of some legislative acts to grant to the Border Guard Service the competencies for
prosecution, examination of administrative offences, expertise of travel documents, liability of
carriers for transportation of foreigners without necessary legal documents, detection and
investigation of cross-border crime, human smuggling and trafficking. The draft Law was
approved by the Government on the 6 July 2011 and was approved in the first reading in the
Parliament on 22 July 2011. (See attached Annex 3).
Description: Therefore, the following legislative acts should be amended: the Code of Criminal
Procedure of the Republic of Moldova no. 122-XV from 14 March 2003, the Law on prosecution officer
status no. 333-XVI from 10 November 2006, the Law on legal, technical and scientific, and forensic
investigation no. 1086 from 16 November 2000, the Law on the Border Guard Service no.162-XVI from
13 July 2007, the Code of Contravention no. 218-XVI from 24 October 2008, the Law on operative
investigations no. 45-XIII from 12 April 1994. The draft Law proposes to grant competencies of
prosecution authority to the Border Guard Service on crimes foreseen by the Criminal Code, and namely
Article 361 on the falsification of travel documents, Article 362 on illegal state border crossing, Article
362¹ on illegal migration’s organization. The adoption of draft law is in line with the process of
implementation of the EU standards on border surveillance and control.
In order to ensure the implementation of the future Law on Border Police, Border Guards Service has
drafted the Law on amendment of several legislative acts (50 legislative acts) and the Government
Decision on implementation of the Law on Border Police (20 regulations, 50 Government Decisions
amended, complemented or abrogated), as well as a series of normative internal institutional acts.
According to the recommendations given by specialized European structures and in particular the
European Union Border Assistance Mission to Moldova and Ukraine (hereinafter EUBAM), included
16
repeatedly in reports and policy analysis, it is indicated that in the process of collecting the necessary
information for an effective activity, the Border Guard Service shall own all the necessary mechanisms
as to combat crimes committed in the border area, starting with the implementation of prevention
methods up to the investigation of crimes.
In this regard, the Border Police officers will be granted the status of criminal investigation officer
alongside the officers of Ministry of Interior, Customs Service and Center for Combating Economic
Crimes and Corruption and in line with the legislation in force.
Therefore, the Border Police officers will have the right to participate individually or in cooperation with
other competent law enforcement authorities in detection and criminal investigation activity in the
following areas:
- on the crimes foreseen by the Article 248 of the Criminal Code on smuggling;
- on the crimes foreseen by the Article 361 of the Criminal Code on falsification of travel
documents;
- on the crimes foreseen by the Article 362 of the Criminal Code on illegal state border
crossing;
- on the crimes foreseen by the Article 362¹ of the Criminal Code on the organization of illegal
migration;
- on the crimes foreseen by the Articles 331-333 of the Contravention Code on the breaking of
the border regime and regime of permanent staying on the territory of the Republic of
Moldova.
The inter-agency cooperation in investigation of cross-border crimes will be carried out by the means of
exchange of information between different competent law enforcement authorities, joint coordination of
the investigation activities, creation of joint investigation groups, risk analysis and information processing,
joint use of data basis, activity of existing contact centers (representatives of Border Police, of Ministry of
Interior and Customs Service).
In order to strengthen the cooperation with EU Member States on exchange of information on authentic
travel and IDs, the border Guards Service adopted on 26 April 2011 an Ordinance on connection to
Online Public Register of Authentic Travel and Identity Documents „PRADO” (See attached Annex 4).
1.2. Consolidation of the legal framework for efficient inter-agency cooperation between Border
Guards Service, law enforcement agencies and other agencies involved in border management
The National Council for Integrated State Border Management (see attached Annex 5) developed the
National Strategy on integrated border management for 2011 – 2013 (See attached Annex 6), approved by
the Government on 27 December 2010.
In compliance with the annotated National Action Plan a model agreement on inter-institutional
cooperation on migration, border management, visa and foreigners related issues was developed and
signed with 6 the key relevant authorities in the second half of 2011.
2. Adoption of an Action Plan for the effective implementation of the
National Integrated Border Management Strategy, containing a
timeframe and specific objectives for the further development of
legislation, organisation, infrastructure, equipment, as well as
sufficient financial and human resources in the area of border
management.
Status of Progress:
Implemented - Action Plan
for
the
effective
implementation
of
the
National Integrated Border
Management Strategy was
approved by the Government
2.1. Development and adoption of the Action Plan for the effective implementation of the National
Strategy for Integrated Border Management
The Action Plan on implementation of the Strategy on Integrated State Border Management for 20112013 was approved by the Government on 16 May 2011 (See attached Annex 7).
17
Description: The Action Plan is a comprehensive document which outlines the priorities for the
development of integrated state border management in the Republic of Moldova, and establishes the
specific objectives and actions which are going to be undertaken in order to meet this priorities. On basis
of actions of this Plan, the Border Guards Service and other authorities involved directly or not in border
management drawn up Annual institutional Action Plans.
The Action Plan was drafted according to the best international practices, as well as the recommendations
of the Organization for Security and Cooperation in Europe (OSCE), European Union Border Assistance
Mission to the Republic of Moldova and Ukraine (EUBAM), Centre for Democratic Control of Armed
Forces (DCAF), European Agency for Operational Cooperation Management at the External Borders of
the European Union member states (FRONTEX) and others international organizations.
The Action Plan is in line with the Schengen Catalogue’s provisions which contain recommendations and
highlight the best practices on implementation of regulations and others European documents in the field
of border security. Taking into account that the Schengen Catalogue’s provisions serve as a reference tool
for future assessments carried out in the candidate countries for joining European Union and Schengen
area, it became strictly necessary for the Republic of Moldova to implement these recommendations.
3. Establishment of training programmes, and adoption of ethical Status of Progress:
codes on anti-corruption specifically targeting border guards, Continuous implementation
customs and any other officials involved in border management
3.1. Development of institutional capacities for professional training of border guards, customs
officials, policemen, and other officials involved in border management
According to the internal Decision of the General Director of the Border Guard Service no. 233 from 13
June 2008 and the Decision of Ministry of Justice of the Republic of Moldova no. 582 from 17 July 2008,
the Deontological Code of the border guards has been approved (See attached Annex 8).
Description: The Code describes moral norms that have to be respected by the border guards in their
activity, as well as out of duty activity, including their relations with community members.
The Code establishes the rules of conduct in accordance with legislation regulating border guards’ duties.
The Code is in line with the principles set out in C (2006) 5186 Commission Recommendation
establishing a “Joint Practical Handbook for Border Guards” (Schengen Handbook) and R (2000)
recommendation of the Council of Ministers regarding Code of Conduct for Magistrate.
The training of warrant officers who will be employed at border posts and border crossing points is done
at the National Border Guard College in Ungheni. Moreover, a training plan and curriculum of the
National Border Guards College adjusted to EU standards were developed with the assistance of the
European Union Border Assistance Mission to Moldova and Ukraine (EUBAM)’s support (See attached
Annex 9).
The content and frequency of relevant training programmes (including statistics on the numbers of staff
trained) are included in the Training Plan of the Border Guards (See Annex 10).
Since 2011 the officers of the Border Guard Service are trained at the Ministry of Interior Police
Academy „Ştefan cel Mare”” at the specialized Department on border management. The corresponding
Curricula was drafted. For the 1st and 2nd years training course the Common Core Curricula for basic
border guard training, elaborated within Frontex and used by all EU border authorities is applied.
In the same context, from 29 April – 19 September 2011, at the initiative of the EU Border Assistance
Mission to Moldova and Ukraine (EUBAM) the Customs Service, carried out a survey on the degree of
satisfaction with the quality of services provided by customs and border authorities at 4 crossing points at
Moldovan-Ukrainian border. On basis of its results, a Report on the quality of services and compliance
18
with the Code of Conduct will be developed, as well as recommendations for improving ethics,
professional integrity, discipline and customs officials more responsibility.
2nd phase (benchmarks for effective implementation):
4. Effective implementation of legislation on border control through Status of Progress:
stage
adequate border checks and border surveillance, procedures and Advanced
operational effectiveness, situational picture at national and local implementation
level, including implementation of risk analysis, intelligence and
data-flow management as well as direct access and consultation of
relevant national and international databases.
of
4.1. Implementation of the Law on state border of the Republic of Moldova
Until the new Law on state border of the Republic of Moldova will enter into force, the implementation of
legislation on border control is carried out on basis of the Law no. 108-XIII from 17 of May 1994 on the
State Border of the Republic of Moldova.
The ICMPD has implemented the project “Strengthening capacities and cooperation in the identification
of forged/falsified travel documents at the Moldovan-Romanian border”.
The Border Guards Service has drafted an Agreement on Joint Patrolling of the common frontier with
Ukrainian State Border Guards Service. On the other side, the Border Guards Service is carrying out joint
coordinated patrolling on river Prut with the Romanian Border Police.
Overall Strategy on risk analysis is the main internal document of medium term strategic planning. The
given strategy sets out the basic objectives, principles, directions and prospects of development of RAS
within the Border Guards Service, and to contribute for the achievement of the control, supervision and
protection obligations of the state border of Moldova in line with legislation in force. Risk analysis offers
to Border Guards Service the possibility of adopting strategies, using proactive methods, coordinated and
focused on its priorities and efficient allocation of the resources.
The efficient management of RAS requires more extensive information, thus the Border Guards Services
cooperates with neighboring states in this regard.
The exchange of information with Ukraine is done on monthly, quarterly, and annual basis, both at central
and regional levels. Exchange of information with Romania is made monthly at central and regional
levels. Also, at the central level the Border Guards Service and the Customs Service share information
within the Working Group on common risks analysis on crimes detected in the process of declaration of
transportation means.
11 Border Crossing Points out of 81 have been connected to Online Public Register of Authentic Travel
and Identity Documents „PRADO”.
Each month, the Border Guards Service and Customs Service of Republic of Moldova and the State
Border Guards Service and the Custom Service of Ukraine carry out Working Meetings on the
information concerning the surveillance of Moldovan-Ukraine border. All the information gathered is
processed and included in three-level reporting system:
Central level – periodic reports (every quarter), special reports on specific issues (every six month),
situational reports (each quarter), regional reports (if necessary).
Operational level – regular reports (monthly), special reports on specific issues (quarterly and every six
month), situational reports (each quarter), regional reports (when necessary).
Tactical level – regular reports (monthly), situational reports (at the order of General Director).
19
Furthermore, the Border Guards Service has continued the process of replacement of conscripts with
contract-based personnel. Thus, 20 % of border guards are conscripts and 80 % are contract-based
personnel. The conscripts are used only in the border surveillance process and they are not taking part in
the decision-making process. Until the end of 2011, the Border Guards Service intends to replace all the
conscripts with contract-based personnel.
See attached Annex 11 regarding the Report on state of security at the state border for the period of
January – November 2011.
5. Provision of adequate infrastructure, technical equipment, IT Status of Progress:
systems, financial and human resources in accordance with the IBM Implementation in progress
Strategy and Action Plan to be adopted, and effective
implementation of training programmes and anticorruption
measures
5.1. Implementation of the Action Plan for implementing the National Strategy of the Integrated
Border Management
In view of developing border infrastructure, the Government approved, on 28 June 2011, a new
Infrastructure Development Plan of state borders for 2011-2014
The Border Guards Service benefits of the project „Development of a mobile and fixed communication
system for Border Guard Service”, financed by European Commission and implemented by Ericsson and
Motorola companies, having as a goal to develop a mobile and fixed communication system on the whole
border sector of the Republic of Moldova.
The project was divided into three stages. The first one, „Giurgiulesti-Ungheni and Ungheni-Horesti
extension” was set off in 2006, but the works started in 2010. The project provided the construction of a
radio communication system alongside the border of the given sector, based on the principle of radio
relay (HQ of Border Guard Service was connected to this system).
Thus, 27 towers were installed, some of them with fixed stations for TETRA communication. At the same
time, the IP telephone system and the video surveillance system for border guard subunits are in the
process of construction.
As a result, TETRA terminals with fixed stations, video surveillance cameras, IP phones, computers,
special equipment for passports reading, off-road vehicle have been delivered and installed in Border
Guards Service subunits.
The first stage of the project was fully implemented by August 2011. As regards the second stage,
„Horesti-Otaci”, the process will be launched after the tender on its implementation will be carried out.
In order to ensure transparency and ensure the implementation of anti-corruption legislation, all draft laws
and regulations are published on the website: www.border.gov.md , allowing interested public to access
these texts and come forward with observations and proposal.
6. Improvement of inter-agency cooperation (including exchange of Status of Progress:
data between the Border Guard Service and law enforcement Continuous implementation
agencies) international cooperation, including cooperation with
neighbouring countries and implementation of working arrangement
with FRONTEX to a high level of effectiveness
6.1. Development of inter-agency cooperation
On basis of inter-agency cooperation agreements, the Border Guards Service carries out mutual exchange
of information with the following national authorities:
20

Ministry of Justice, based on the Agreement on information exchange and collaboration between
the Border Guard Service and the Executive Department of the Ministry of Justice from 17 of
October 2007.
CSIR “Registru”, based on the Contract between the Border Guards Service and CSIR “Registru”
on providing information services under no. 160-A from 24 of November 2008.
Ministry of Interior, based on the Agreement on cooperation in information exchange between the
Ministry of Interior and Border Guards Service from 17 of December 2008.
Center for Combating Economic Crimes and Corruption, based on the Agreement between the
Border Guards Service and the Center for Combating Economic Crimes and Corruption on
information exchange ” from 26 of December 2008.
Intelligence and Security Service, based on the Agreement on the exchange on information
between the Intelligence and Security Service and Border Guards Service from 6 of March 2010.
General Prosecutor’s Office, based on a bilateral agreement of on cooperation between the Border
Guard Service and the General Prosecutor’s Office from 6 of May 2010.
Customs Service, based on the Agreement between the Border Guard Service and the Customs
Service on information exchange from 14 of June 2010.






Besides, the Border Guards Service and the Ministry of Interior signed on 30 of July 2010 a common
regulation on the establishment of inter-institutional working groups in view to fulfil EUBAM and DCAF
recommendations. As a result, 3 joint working groups were created on:
-
cooperation in area of migration, readmission and fighting trafficking in human beings;
cooperation in analysis of the national and international legislation and development of legislative
and normative acts in the area of border management;
cooperation on IT.
Border Guards Service with other central administrative authorities keeps the data basis concerning the
record on foreign citizens and stateless persons on the territory of the Republic of Moldova.
There are 42 out of 67 state Border Crossing Points of the Republic of Moldova, which are equipped with
modern computers, devices for document expertise, MRZ and e-chip readers and special software and as
follows:
- 25 are connected to on-line regime from Border Guards Service HQ servers through ADSL
connection provided by the “Moldtelecom” (national communication operator).
- 17 are connected via Dial-up through fixed telephone nets provided by the ”Moldtelecom” and
the data transfer takes place once in 24 hours.
It is important to mention that the border crossing points are equipped with on-line net (25) and are
connected to the Data Base of the CSIR ”Registru” that allows to check the validity of passports of the
Moldovan nationals and to the Data Base of INTERPOL to check persons from abroad and transportation
means.
In the beginning of 2011, the Border Guard Service and National Bureau of INTERPOL launched a
project aiming to allow on-line verification of the information in INTERPOL Database, while the persons
and vehicles cross the border. The project was implemented at Border Crossing Points with on-line
connection to Border Guards Service HQ by the OSCE Office from Vienna with the financial assistance
of Norway Government. As a result, an Additional Protocol to the Agreement between the Ministry of
Interior and the Border Guards Service on cooperation in the field of information exchange from 17 of
December 2008 concerning the use of data basis of International Organization of Criminal Police through
the National Central Bureau in the Republic of Moldova.
The majority state border crossing points have already enabled the cooperation on information flows
between the local data bases of the Border Guards Service and Customs Service in order to exclude the
duplication of required information and to decrease the crossing time of the state border for persons and
vehicles.
Border Guards Service uses electronic data bases ”Web Client SG” and ”Access WEB”.
21
Moreover, the Document Examination Section of the Border Guard Service carries out information
exchange:
I at the national level: on basis of the Agreement on cooperation in the field of information exchange on
document security between the Ministry of Interior, Ministry of Information Technology and
Communication, Ministry of Justice and Border Guards Service of the Republic of Moldova from 17 of
February 2011.
II at international level:
1. Romanian Border Police.
2. State Border Guard Service of Ukraine.
3. State Border Guard of Latvia.
4. State Border Guard Service of Lithuania.
5. Border Guard of Finland.
6. Border Guard of Poland
7. Federal Police of Germany – unilaterally.
8. EUBAM Mission.
9. FRONTEX Agency.
According to the draft Government Decision on the approval of the Regulation on the Border Guards
Service functioning, structure and personnel limit of its Headquarters, the 24/7 National Center of
coordination within Border Guards Service is foreseen to be established.
6.2. Development of the international cooperation
In order to enhance international cooperation, Border Guards Service carries out an efficient cooperation
with similar institutions from the neighbouring states, which is fulfilled on the basis international bilateral
documents, concluded in different fields of activity, as well as various annual cooperation plans (See
attached Annex 12).
Four meetings of the Moldovan-Ukrainian Joint Committee on the demarcation of the MoldovaUkrainian border took place.
Additionally, the cooperation with border guard agency from Ukraine is also carried out via EUBAM.
18 international treaties in the border area at interstate, inter-governmental and inter-institutional level on
State Border between the Republic of Moldova and Ukraine, on realization of common control in border
crossing points; border representatives’ activity; cooperation of investigative bodies; information
exchange, etc.
With support of EUBAM experts were drafted two agreements:
- Agreement between the Government of the Republic of Moldova and Cabinet of Ministers of Ukraine on
common patrolling of the Moldovan-Ukrainian state border, which has the aim to develop cooperation in
IBM field and establishing of new forms of border surveillance through carrying out common patrolling
at the common border in compliance with EU practice and requirements.
- Protocol between the Border Guard Service of the Republic of Moldova, Customs Service of the
Republic of Moldova and Administration of State Border Guard Service of Ukraine, State Customs
Service of Ukraine on realization of experiment of making common control in BCP „Briceni-Rossoşanî”
on the Ukrainian territory, which has the aim to implement the tasks and objectives of common control,
facilitation of activities in BCP, minimizing of the period of making border and customs control and
others.
As regards other partner states, the bilateral cooperation is ensured by the following:
 Protocol of cooperation between the Border Guards Service of the Republic of Moldova and
General Inspectorate of Border Police of the Ministry of Administration and Interior of Romania.
 Joint Action Plan on the development of inter-agency cooperation of border guard institutions of
the Republic of Moldova and Romania for 2011.
 Protocol of cooperation between the Border Guards Service of the Republic of Moldova and
Border Guards Service of the Committee of National Security of Kazakhstan.
 Agreement of cooperation between the Border Guards Service and State Border Guard
Committee of Belarus.
22



Protocol of cooperation between the Border Guards Service of the Republic of Moldova and
Border Guards Service of Poland.
Protocol of cooperation between the Border Guards Service of the Republic of Moldova and
Frontier and Immigration Service of Portugal.
Protocol of cooperation between the Border Guards Service of the Republic of Moldova and
Border Police subordinated to Ministry of Interior of Georgia.
Besides, the Border Guard Service has established cooperation legal framework with border guard
agencies from Latvia, Lithuania, Estonia, Hungary, Georgia and Poland as well Germany, Slovack
Republic and Macedonia in the fields of implementation of IBM strategies and plans, information
exchange, experience exchange, state border control and surveillance, IT technologies, risk analysis,
human resources, personnel training, travel documents control, illegal migration, etc.
At the end of May this year, it was concluded Agreement between the Government of the Republic of
Moldova and the Government of Romania on establishing and functioning of Galaţi Common Contact
Centre, which has the aim to combat trans-border crimes and carry out information exchange in this filed.
The Regulation of functioning of Galati CCC was drafted.
6.3 Implementation of working arrangement with FRONTEX at a high level of effectiveness
Following the implementation of the Working arrangement on the establishment of Operational
Cooperation between the Border Guard Service of the Republic of Moldova and the European Agency for
the Management of Operational Cooperation at the External Borders of the Member States of the
European Union (FRONTEX and the Cooperation Plan between parties, the Border Guards Service was
involved in different training activities related to risk analysis field, detection of false/falsified travel
documents, detection of stolen vehicles, application of common standards in dog handling service, as well
as the exchange of data during operations.
FRONTEX also provides its assistance in the process of implementation of the Common Curriculum
Core for Border Guards within the National Border Guard College on training the staff in compliance
with EU requirements in the area of border management.
In 2011, the Border Guards Service continued to participate in all activities stated in the Working
Arrangement and Cooperation Plan concluded with FRONTEX Agency (e.g. operational activities,
trainings, research and development measures, training of dog handlers).
As a result, the Border Guard Service participated at Common Operation called Jupiter 2011, Common
operation of Focal Points, as well as at pilot-project of Coordination Point at the Moldovan-Ukrainian
state border that was carried out with support of EUBAM.
The Border Guards Service and FRONTEX Agency developed the new Cooperation Plan for 2012-2014
which is planned to be signed by the end of 2011.
23
Migration Management
1st phase (legislative and policy framework):
7. Consolidation of the legal framework for migration policy, Status
of
Progress:
stage
of
including measures for the reintegration of Moldovan citizens Advanced
(returning voluntarily or under the EU-Republic of Moldova implementation
readmission agreement) and the fight against irregular migration
(including efforts to conclude readmission agreements with main
countries of origin and inland detection of irregular
migrants)Development of the legal framework and programmes on
integration of foreigners and citizens of the Republic of Moldova
(returned, voluntarily repatriated or readmitted on basis of
readmission agreements)
The main legislative and regulatory framework in the migration area is in place, as following:
1. Law on migration 1518-XI / 06.12.2002;
2. Law of foreigners no 200-XIX/16.07.2011
3. Law on legal status of foreigners and stateless in the Republic of Moldova 275-XIII / 10.11.1994;
4. Law on exit and entry from/to the Republic of Moldova 269-XIII / 09.11.1994;
5. Law on labor migration 180-XVI / 10.07.2008;
6. Law on asylum in the Republic of Moldova 270-XVI / 18.12.2009;
7. Law on citizenship of the Republic of Moldova 1024-XIV / 02.06.2000;
8. Law on identity documents in the national passport system 273-XIII / 09.11.1994;
9. Governmental Decision on some measures in the national passport system regarding staying
rules of foreigners and stateless on the territory of the Republic of Moldova 376 / 06.06.1995;
10. Governmental Decision Regulation on issuance of invitations for foreigners and stateless persons
33 / 22.01.2004;
11. Governmental Decision on Creation of the Center for temporary placement of foreigners 71/
30.01.2004
12. Government Decision on approval of the Regulation of the Center for Temporary Placement of
foreigners 493/6.07.2011.
13.
14. Governmental Decision on Concept of the Informational Integrated Automatic System
“Migration and Asylum” 1401/13.12.2007;
15. Governmental Decision on Regulation regarding the organization and functioning of the Ministry
of Interior, structure and central apparatus” 778/27.11.2009;
16. Governmental Decision on Regulation on Ministry of Interior service 334/08.07.1991;
17. Governmental Decision Creation of the Commission for coordination of some activities
regarding the migration process 133/23.02.2010;
18. The Decree of the Minister of Interior on Regulation regarding the organization and functioning
of the Bureau for migration and asylum 82/23.03.2010;
19. Law on transparency of the decisional process 239-XVI/13.11.2008;
20. Government Decision on the approval of the minimum quantum of means for support for
foreigners in Moldova 332/5 May 2011.
21. Government Decision on the issue of invitations for foreigners 331/5 May 2011
22. Government Decision on determining the level of knowledge of the state language by foreigners
who are applying for permanent residence in the Republic of Moldova 491/6.07.2011.
23. Government Decision on the approval of the Instruction regarding the return, expulsion and
readmission of foreigners from the territory of the Republic of Moldova 493/6.07.2011.
24. Government Decision on approval of the quantum of money aid to refugees and beneficiaries of
humanitarian protection for 2011
24
25. MoI Order on Methodological recommendations in the field of combating illegal staying of the
foreigners 90/6.04.2011.
26. Governmental Decision on creation of the One-stop-shop for the documentation of foreigners
within the Bureau for migration and asylum
The legal framework has been harmonised to the following EU legislation:
 Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country
nationals who are long-term residents (CELEX 32003L0109);
 Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification
( CELEX 32003L0086);
 Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of thirdcountry nationals for the purposes of studies, pupil exchange, unremunerated training or
voluntary service;
 Council Regulation (EC) No 539/2001 of 15 March 2001, listing the third countries whose
nationals must be in possession of visas when crossing the external borders and those whose
nationals are exempt from that requirement (CELEX 32001R0359);
 Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decision on the
expulsion of third country nationals (CELEX 32001L0040);
 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on
common standards and procedures in Member States for returning illegally staying third-country
nationals;
 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009
establishing a Community Code on Visas.
7.1. Development of the legal framework and programmes on integration of foreigners and citizens of
the Republic of Moldova (returned, voluntary repatriated or readmitted on basis of readmission
agreements)
Law on integration of foreigners in the Republic of Moldova was drafted by the Ministry of Interior and
experts of the UNHCR Romania within the project “Local integration of refugees in the Republic of
Moldova, Ukraine and Belarus”. The draft Law on integration of foreigners was approved by the
Government on 9 November 2011, and submitted to the Parliament for final approval. (See attached
Annex 13).
Description: The provisions of the draft Law meet the EU legislation requirements on respect of rights
and freedoms of migrants, including the Council Directive 83/2004/CE from 29 of April 2004 on
minimum standards for the qualification and status of third country nationals or stateless persons as
refugees or as persons who otherwise need international protection and the content of the protection
granted and Directive 109/2003/EC on the status of long term residents migrants.
On 18-21 October a TAIEX seminar was organized in Chisinau, during which all the line ministries,
UNHCR, IOM, EU High Level Advisor to the BMA worked together with the EU experts to modify the
content of the draft law.
The proposed project regulates the process and the possibilities to facilitate integration of foreigners in the
economic, social and cultural life of the Republic of Moldova in order to prevent and combat social
exclusion, their adaptation to the conditions of Moldovan society and ensuring the their financial
independence. It also defines the competent authorities, programs of integration, the obligations of the
foreigners who request for integration programs, cases when the costs of such programmes are covered.
The draft Law on integration of foreigners was developed in parallel with the Strategy on migration and
asylum, therefore the Ministry of Interior and other involved line authorities have to identify the local and
public authorities that have to be involved at different stages in the process of social and economic
integration of foreigners, their medical insurance, education, cultural adaptation, learning of the official
language, as well as areas of responsibility, including the financial aspects.
25
As concerns issues related to Moldovan citizens, the Ministry of Labour, Social Protection and Family
initiated the process of development of the new draft Action Plan in the field of reintegration of the
Moldovan returned migrants which will replace the Plan on stimulation of the return of Moldovan
migrant workers from abroad, approved by Government Decision no. 1133 from 9 of October 2008. In
this regard, the proposals from relevant ministries and some international organizations were requested
and are presently examined.
The draft Law on the Republic of Moldova's accession to the Convention on the Status of Stateless
Persons (adopted on 28 September 1954 in New York) was approved by the Government on 26 October
2011 and was submitted to the Parliament for approval and the draft Law on the country's accession to the
Convention on the Reduction of Statelessness (adopted on 30 August 1961 in New York), was approved
by the Government on 17 August 2011 and was submitted to the Parliament for approval. (See attached
Annex 14 and 15).
7.2. Amendment and updating of the legal framework on carriers liability
The draft Law on the amendment of the Contravention Code of the Republic of Moldova on introducing
the necessary amendments for the identification and regulation of carriers in the transportation of persons
from / to the Republic of Moldova drafted by the Ministry of Transports and Road Infrastructure and the
Ministry of Interior was approved by the Government on the 6 July 2011 and was sent for adoption to the
Parliament (See attached Annex 16).
Description: The above-mentioned amendments are developed in line with the Council Directive
2001/51/EC of 28 June 2001 supplementing the provisions of Article 26 of the Convention implementing
the Schengen Agreement of 14 June 1985 (Art. 2-6).
The draft Law aims the regulation of some new contraventions and additional sanctions for carriers that
carry out transportation of passengers which do not correspond to established conditions of entry in the
country (in case when the entry of transported passengers is refused by the competent border authorities),
the obligation of carriers to return passengers which entry is refused to a transit or destination country, as
well as the obligation of carriers to assume responsibility for the costs of the stay and return of the
passenger in question.
As concerns the distribution of skills and efficient process control and the process of raising the liability
of carriers involved in the illegal transportation of persons, the inter-institutional mechanisms of
cooperation will be developed in the process of integration of the Border Police within the Ministry of
Interior.
8. Adoption of a National Migration Management Strategy for Status of Progress:
effective implementation of the legal framework for migration policy Implemented
and an Action Plan, containing a timeframe, specific objectives,
activities, results, performance indicators and sufficient human and
financial resources.
8.1. Adoption of a National Strategy in the area of migration and asylum
The Strategy in the area of migration and asylum was approved by the Government on the 6 July 2011
and published on 8 September 2011(Governmental Decision 655). (See attached the Annex 17).
The Action Plan on the implementation of the Strategy in the area of migration and asylum was
developed and approved by the Government on 9 November 2011. (See attached the Annex 18).
Description: The overall objective of the Strategy is to ensure a comprehensive regulatory management
of the migration and asylum policies, to integrate existing strategic framework in this field, as well
mainstreaming the policies of managing migration into different strategic planning actions and
development policies of the country.
26
The Strategy on migration and asylum aims the development of inter-connected policies in the following
areas: legal migration, asylum system, illegal migration, integrated border management, visa policy,
respect of human rights and freedoms, fight against threats generate by the phenomenon of migration,
security of documents, and other.
The strategy reflects the efforts of compliance of the migration national policies to Global Approach to
Migration of the European Union, by covering all three areas of this phenomenon: promoting legal
migration, fighting illegal migration and fostering migration for the development of the country.
Regarding the monitoring and evaluation process of the Strategy implementation, it was decided to use
standardized indicators of the Extended Migration Profile template as monitoring tools.
The main objective of the Action Plan is to ensure the implementation of the actions described in the
Strategy. Therefore it will contribute to capacity building of the state institutions in the effective
management of migration, the adjustment of legal instruments and of the institutional systems to effective
models using as an example European and international practices.
The Action Plan sets as priorities: developing the international cooperation in the field of migration and
asylum; legal migration; migration and development; security and migration; combating illegal migration;
instruments of migration control.
9. Establishment of a mechanism for the monitoring of migration Status of Progress:
stage
stocks and flows, defining a regularly updated migration profile for Advanced
the Republic of Moldova, with data both on irregular and legal implementation
migration, and establishing bodies responsible for collection and
analysis of data on migration stocks and flows.
of
9.1. Consolidation of the monitoring mechanism for migration stocks
9.1.1. Consolidation of the communication within the inter-agency technical working group (TWG) at
national level supervising the entire implementation process of the Extended Migration Profile
exercise
In the framework of the project “Supporting the implementation of the migration and development
component of the EU Moldova Mobility Partnership” implemented by IOM Mission to Moldova and
funded by the EC, an Extended Migration Profile (EMP) of the Republic of Moldova is developed have
been launched.
Description: As the EMP exercise requires extensive capacity-building and government support, a
Technical Working Group (TWG) was established as a platform for dialogue between governmental and
non-governmental bodies and institutions (data users and producers) to address issues of information
sharing, capacity-building and coherent policy development related to migration.
Amongst the results achieved during the reporting period are:
- The TWG was created and its composition and functions have been defined, as specified in the
approved TWG ToR.
- Three sessions of the TWG were organized (15 June 2010, 1 March 2011, 28 March 2011)
- The international and local expert team has been recruited and started the work (on the basis of
the ToR approved by TWG), having carried out three field missions during the reporting period.
(13-19 June 2010, 6_10 September 2010).
- Cooperation with all the relevant stakeholders was successfully carried out.
- The expert team for the issues of the needs of children and elderly left behind by migrants has
been recruited and started the work, having carried out the field research during the reporting
period. Cooperation in this domain with all the relevant stakeholders has been initiated, based on
an inter-agency concerted approach, with more efficient synergies being ensured (also from
financial perspective, the project leveraging more funds besides its own relatively modest budget
27
-
provided for this study), which allows to avoid overlaps and helps ensuring a more durable and
consistent policy impact.
During the last three meetings of the National Commission for Population and Development
important decisions were taken concerning the approval of the Data Assessment Report, EMP
indicators, EMP template and designating the Ministry of Interior (the Migration and Asylum
Bureau) as the institution responsible for production of EMP with the necessary functions / levers
and human resources assigned
9.1.2. Development of the Extended Migration Profile (EMP) of the Republic of Moldova
The EMP will serve as a tool for accumulation of relevant information and statistic to develop and
manage effectively the migration policies.
Description: As a very first step, a list of Migration Profile activities to be implemented in Moldova was
prepared and preliminary agreed with IOM HQ Research Unit and with the European Commission’s DG
HOME.
A background note was developed on the Extended Migration Profile exercise, explaining the background
of the Migration Profile tool and presenting the proposed activities and the expected outputs within the
framework of the exercise (See attached Annex 19).
At the National Commission for Population and Development meeting from 20 October 2011,
following t decisions related to the Extended Migration Profile were taken, namely:
the
a) A final version of the EMP list of indicators and the Extended Migration Profile Template of the
Republic of Moldova were approved to track migration as proposed by the Technical Working Group
(TWG) and the International Organisation for Migration (IOM).These documents were approved
following consultations with the members of the TWG, in accordance with comments received.
b) Responsible institutions owners of the data sources, in collaboration with the EMP Group of Experts
will ensure the completion of the EMP Template by including the needed statistical data in accordance
with criteria established in accordance with international standards - for the first (current) edition of the
EMP.
c) It has been recommended that the Government approves the EMP list of indicators and template
through a Government Ordinance, to be developed on the basis of the Technical Working Group proposal,
the following elements being included:
 Designation of the institution responsible for regular production of the EMP;
 Approval of the Methodology for estimating international migration flows based on the border
crossing data.
e) The National Bureau of Statistics, the Ministry of Interior (BMA), the Ministry of Information
Technology and Communications (SE "Registru"), Border Guard Service will introduce or modify
according to EMP provisions the statistical definitions and metadata which are governed by the
departmental laws and regulations.
f) The proposal to use the EMP Template as a tool for informing and supporting the mainstreaming of
migration in strategic development policies.
Work started on mainstreaming migration into development strategies. The EMP template will be used as
a tool for update and background for mainstreaming migration into development strategies.
9.1.3. Establishment of responsible institutions for regularly updating of Extended Migration Profile of
the Republic of Moldova, collecting and analyzing data on migration stocks and flows
At the ad-hoc meeting of the National Commission on Population and Development from 3 November
2011 and at the 3rd session of the National Commission on Population and Development (NCPD) from 20
28
October 2011, the Ministry of Interior (Bureau for Migration and Asylum) was designated as the
institution responsible at the national level for up-dating the Migration Profile. BMA will produce the
EMP jointly with the Technical Working Group as a body to coordinate these activities at expert level. A
specialized unit will be created for this purpose within BMA.
9.2. Finalization and implementation of the Integrated Information System in the area of Migration
and Asylum
In this context, a subsystem named CONSUL has been created on the E-documentum platform (special
software developed as a commercial product by EMC Company). In order to implement the software and
interconnect all our diplomatic and consular missions abroad, 32 licenses of a 10 thousand Euros each
have to be purchased. Moreover, the system’s interface will be finalized after the contracted company will
have all the necessary arrangements in order to carry out the adjustments to the updated Ministry of
Foreign Affairs and European Integration’s requirements.
At the same time, the Ministry of Foreign Affairs and European Integration is drawing up a plan for a
professional interconnection of the subsystem. In this regard there should be set out special funds for an
eventual presence of the IT experts in the diplomatic and consular missions abroad. The implementation
of the subsystem is being successfully implemented via pilot-project in our Embassy in Rome. This
software is used for biometric data collection and forward concerning the issuance of electronic passports.
Therefore, the following actions have been carried out up to this moment:
- The E-documentum platform (software) has been developed.
- 10 licenses have been purchased.
- Necessary equipment for VPN channels communication has been purchased.
- The electronic data exchange of the State Population Register with Integrated Information System
in the area of Migration and Asylum has been set up.
Moreover, the Ministry of Labour, Social Protection and Family developed the concept of Integrated
Information System “Labour Migration Evidence”. The Concept has been submitted on 22.02.2011 for
coordination to the competent authorities. The objectives of the system are:
- Ensuring a comprehensive system of evidence of the Moldovan labour migrants residing abroad
and foreign citizens working in the country.
- Information data exchange with other concerned state institutions in the decision making process.
- Providing reliable and comparable data on migration flows for competent authorities.
This information system should become operational by the end of 2011. It provides mechanisms for
passing to an automatic system of information technologies of evidence of labour emigrants and
immigrants, applied in compliance with legislation in force, including establishment of a secure data basis
and efficient cooperation framework in this field of line ministries.
According to the technical tasks, functioning framework of the system does not cover all the aspects of
evidence, areas to be improved for the next period of its implementation. For the efficient running of this
system it is necessary to implement a new management system, security and server configuration ( for
which a total amount of 750.000 MDL is needed) and a software solution for the data integration of
different applications (for which a total amount of 300.000 MDL is needed).
The National Employment Agency signed inter-institutional agreements on connection of information
systems and electronic exchange of data with Bureau for Migration and Asylum of the Ministry of
Interior, State Fiscal Service, CSIR “Registru” and National Bureau of Statistics.
Besides, the following functional modules were elaborated and installed for testing on the National
Employment Agency servers:
- basic functionality;
- integration interfaces.
29
The Intelligence and Security Service has also initiated the development of the concept of the sub-system
based on its competences of counter-terrorism as a part of the Integrated Information System in the area
of migration and asylum.
2nd phase (benchmarks for effective implementation):
10. Continued effective implementation of the EU-Republic of Status of Progress:
Moldova readmission agreement and measures for the reintegration Continuous implementation
of Moldovan citizens (returning voluntarily or readmitted).
10.1. Consolidation and improvement of the readmission procedures with EU Member States and third
countries
Regarding the implementation of the EU – Republic of Moldova Readmission Agreement, the Republic
of Moldova has signed Additional Protocols to the agreement with Austria, Belgium, Denmark, Estonia,
Hungary, Germany, Latvia, Lithuania, Luxemburg, Malta, Netherlands, Romania and Slovakia, as well
with Switzerland.
The Additional Protocols to the agreement with Bulgaria is planned to be signed on 16 November 2011
and with Czech Republic on 29 November 2011.
In the same context, the Additional Protocols of implementation of the EU – Republic of Moldova
Readmission Agreement are being negotiated with the following countries:
1. Italy (the draft of the Protocol is being examined by the Italian side);
2. Netherlands (the first round of negotiations took place in June 2010);
3. Finland (the draft of the Protocol is being examined by the Finnish side);
4. Cyprus (the draft of the Protocol is being examined by the Cyprus side);
5. Ireland (the draft of the Protocol is being examined by the Irish side);
6. Portugal (the draft of the Protocol is being examined by the Portuguese side);
7. Poland (on 14 – 16 September, in Chisinau took place negotiation round on the Additional
Protocol);
8. Spain (the draft of the Protocol is being examined by the Spanish side);
9. Sweden (the draft of the Protocol is being examined by the Swedish side).
On 28 February 2011, the Agreement between the Government of the Republic of Moldova and the
Government of Serbia on readmission of illegally residing persons and Protocol of implementation has
been signed.
On 22 March 2011, the Agreement between the Government of the Republic of Moldova and the
Government of Denmark on readmission of illegally residing persons has been signed.
Moreover, readmission agreements are in the process of negotiation with the following third countries:
1. Russian Federation (the negotiations have been finalized and the agreement will be proposed to
be signed);
2. Bosnia and Herzegovina (next round of negotiations planned to take place on 28 - 30 November
2011);
3. Montenegro (next round of negotiations planned on 24 - 25 November 2011, in Podgoritsa
Montenegro).
In the period January-September 2011, were submitted to Moldovan authorities 182 readmission request,
as follows: Austria – 25, France – 86, Switzerland – 26, Norway – 1, Germany – 18, Spain – 9, Hungary –
17.
30
11. Effective implementation of legal framework for migration Status of Progress:
stage
management, including provision of administrative structures with Advanced
adequate human resources with clear and relevant competences for implementation
all aspects of migration management, as well as effective cooperation
between relevant agencies
of
The Bureau for Migration and Asylum as a unit of the Ministry of Interior was created in July 2006. The
main competences of the Bureau of Migration and Asylum within the Ministry are: to elaborate, promote
and implement national policies and strategies, draft laws and decisions in the field of migration, to
control and monitor the implementation of the national legislation in field of migration and asylum, to
elaborate and develop strategies of reform, to collect and process data on migrants, fight against illegal
migration and illegal staying of foreigners, to ensure the detention of irregular migrants in special
Centers, including the accommodation of asylum seekers, implement readmission agreements, ensure the
effective readmission, return and expulsion of foreigners, ensure the cooperation with other public
authorities and international organizations.
Other authorities with competences in the field of migration:
- Ministry of Labour, Social Protection and Family – grant the labour permit to migrants and
elaborate policies for labour migration;
- Ministry of Informational Technology and Communications – print and issue residence permits
for migrants, including travel documents for stateless persons, for refugees and beneficiaries of
humanitarian protection, keep the National Population Register;
- Ministry of Foreign Affairs an European Integration (Consular missions abroad) – issue entry
visas for foreigners;
- Border Guard Service – ensures the control/check of foreigners on the border;
Cooperation and exchange of information between authorities with competences in the field of migration
is realised in accordance with art. 9 of Law on migration 1518-XI / 06.12.2002, and decisions of the
Commission for coordination of some activities regarding the migration process (created by the
Governmental Decision 133/23.02.2010).
11.1. Implementation of the legislation on aliens and regime of foreigners and building capacities to
the competent authorities in this field
In order to ensure the implementation of the Law no. 200 from 16 July 2010 on the regime of foreigners
in the Republic of Moldova (See attached Annex 20), the Ministry of Interior developed the following:
-
-
-
Government Decision no. 335 from 5 May 2011 on the draft law the amendment and abolishment
of some legislative acts according to the above-mentioned was sent for adoption to the Parliament.
Government Decision no. 332 from 5 May 2011 on the approval of the minimum quantum of
means for support for foreigners in Moldova.
Government Decision no. 331 from 5 May 2011 on the issue of invitations for foreigners
Government Decision no 524 from 6 July 2011 on n determining the level of knowledge of the
state language by foreigners who are applying for permanent residence in the Republic of
MoldovaGovernment Decision no. 493 from 6 July 2011 on approval of the Regulation of the
Center for Temporary Placement of foreigners from 6 July 2011.
Government Decision no. 492 from 6 July 2011 on the approval of the Instruction regarding the
return, expulsion and readmission of foreigners from the territory of the Republic of Moldova
Government Decision on Repeal and amendment on some Government Decisions from 22 June
2011
Government Decision on approving the quantum of money aid to refugees and beneficiaries of
humanitarian protection Methodological recommendations in the field of combating illegal
staying of the foreigners, approved by the MoI Order no. 90 from 6 April 2011.
Law on modification and completion some of the legislative acts within the implementation of
the Law no.200 of 16 July 2010 on the regime of foreigners.
31
In order to implement the Art. 72 of the Law on regime of foreigners in the Republic of Moldova and the
Government Decision no. 1187 from 22 December 2010 on the implementation of One Stop Shop for
documentation of foreigners, the Ministry of Interior and Ministry of Information Technology and
Communication signed a Joint Order which provides a concrete action plan in this regard on 28 January
2011.
Description: In this regard, a combined facility for documentation of foreigners has been opened within
the Bureau of Migration and Asylum. On 25 February 2011, One Stop Shop becomes functional. The new
facility has the aim to simplify documentation procedure, decrease bureaucratic barriers and improve
quality of services provided to the foreigners in Moldova.
The One Stop Shop mechanism has improved the process of documentation of foreigners in the Republic
of Moldova, in particular for the categories of immigrants willing to get the working permit and foreign
investors, who previously had to pass legal procedures in three different national authorities.
In this context, foreigners applying for right of residence in the Republic of Moldova, have no needs to
address to the National Agency for Employment and to the subdivisions of CSIR “Registru”, the One
Stop Shop of documentation of foreigners being the only national authority to deal with foreigners, under
the coordination of the Ministry of Interior (the Bureau of Migration and Asylum).
According to the new procedure, the foreign citizen submits the necessary documents, is being
photographed, his digital signature is taken, and the term of issuing the requested documents is of 15-30
days, which is three times less than provided by previous procedure.
The new mechanism is designed to facilitate the documenting of foreigners coming to Moldova for work,
studies, family reunification, medical treatment, refugees, foreign citizens coming for humanitarian or
religious activities etc.
At the moment, the information exchange between institutions is ensured by special couriers, but this is to
be improved by drawing up a technology for electronic information exchange mechanisms.
Therefore, in order to provide information interaction between Bureau for migration and asylum and
CSIR “Registru” the Agreement of intent regarding the provision of information services, aimed to
achieve the activities related to the change and adjusting the software necessary for electronic interaction
via Common Object Interface technology was signed on the 1 March 2011. In this context in September
2011 was signed the final Agreement between Bureau for migration and asylum and CSIR “Registru” on
informational interaction.
On 14 March 2011, the Bureau for migration and asylum and National Agency for Employment signed
the Agreement on exchange of information. This agreement provides access to data information of the
subsystems of the two authorities in respect of decisions concerning the granting, extension, revocation or
denial of the right of residence for work on the territory of the Republic of Moldova.
The new Visa Regulation was drafted in accordance with the EU Visa Code by the Ministry of Foreign
Affairs and European Integration (See attached Annex 21). The draft was sent for inter and intra agency
consultations, as well expertise to Austrian MFA. Within the Project "Supporting the Implementation of
the EC visa facilitation and readmission agreements in Moldova and Georgia" (REVIS) the Guidelines of
the implementation of the new Visa Regulation are developed.
12. Updating periodically the Extended Migration Profile and Status of Progress:
Advanced
Stage
efficient analysis of the data regarding migration groups and flows
implementation
of
12.1. Implementation of capacity-building activities needed for an effective ownership of the
Government of the Migration Profile tool
32
Throughout the year, the Republic of Moldova played an active role in the Global Forum on Migration
and Development (GFMD) process.
• June 2011: Thematic Seminar on “Managing Migration for Development: Policy Making, Assessment
and Evaluation”, Marseille, France - The Moldovan delegation focused on policy assessments and the
definition of assessment indicators, as well as addressing institutional coherence in the context of policy
assessments.
• July 2011: Thematic Seminar on “Migration Profiles: Developing Evidence-based Migration and
Development Policies”, New York, USA - The Meeting co-chaired by MD Government had the purpose
to exchange best practices and lessons learned on the most effective ways to build Migration Profiles, to
undertake impact assessments of migration and development policies, to strengthen the ownership of the
government in developing and updating Migration Profiles and to consolidate government coordination at
the national level.
• July 2011: Thematic Seminar on “Migration Profiles – Lessons Learnt”, Batumi, Georgia - co-chaired
by Moldova. The event brought important added value to the experience exchange among states within
different regional cooperation processes and initiatives on migration and the elaboration of Extended
Migration Profiles. The main focus was upon building national capacity to collect and analyse
international migration data which in turn will aid the design, implementation, monitoring and evaluation
of effective, coherent and evidence-based migration and development policies.
• October 2011: Thematic Seminar on “Mainstreaming Migration into Strategic Policy Development”,
Chisinau, Republic of Moldova – The Seminar was organized by the Government of the Republic of
Moldova, co-hosted by the Governments of Bangladesh, Jamaica and Mali in close partnership with the
IOM and the UNDP. Government officials from more than 10 countries of four continents,
representatives of international organizations, civil society and non-governmental actors shared their
expertise on systematic mainstreaming of migration into development policies and exchanged good
practices of implementation of the EMP, as a tool for evidence-based policy making and focused on the
promoting of integration of migration into development agendas, in order to maximize the benefits and
minimize the risks of migration.
Considering the best practices in the migration field and active participation within the thematic series of
workshops organized by the Swiss Chair in office of the GFMDMoldova together with Mali, Bangladesh
and Jamaica was selected in the pilot project on Mainstreaming Migration in National Development
Strategies . Within the project the Republic of Moldova will strengthen capacities to comprehensively
address country-specific interlinkages between migration and development in its national development
planning instruments and strengthen the consultative mechanisms within government and between
government and civil society stakeholders to ensure the implementation, monitoring and continuous
adjustment of policies on migration and development.
The Seminar’s outcomes have an important meaning in strengthening the Moldovan institutional capacity
to manage migration and will also be presented at the GFMD Concluding Debate on 1-2 December 2011
in Geneva.
In this context, Moldova shared experience with other EaP partners (Armenia and Georgia) and is ready
to transfer good practices with Tunisia and Morocco.
In January - February 2011, working sessions with statistical staff (both from demography and IT
department of the National Bureau of Statistics) have been carried out in order to produce the requested
additional data and apply the newly developed methodology.
In April 2011, the workshop for training on data collection and the management of the update of the
Migration Profile Report took place.
33
Considering that the Extended Migration Profile is also working to cover the issues of the needs of
children and elderly left behind by migrants, a specialized Technical Research Paper addressed the data
collection gaps identified in this area, and suggested mechanisms on better use of data in support of
policy development in the above-mentioned area. Following the adoption by the Moldovan Government
of an Action Plan for Protection of Children left without parental care, and the respective recognition by
the Government of the issue of children left behind as a national priority, more actors in carrying out the
assessment of the needs of children left behind were asked to engage in the process. This allowed for an
inter-agency concerted approach, more efficient synergies between different actions, a methodological
specialisation on different sectors of the phenomenon, as well as a chronological structuring of the
assessment process. As a result, cooperation with all the relevant stakeholders has been initiated, based
on an inter-agency concerted approach, with more efficient synergies being ensured which allowed to
avoid overlaps and helps ensuring a more durable and consistent policy impact.
13. Consistent implementation of an effective methodology on inland Status of Progress:
detection of irregular migration, risk analysis (including the Continuous implementation
reporting of relevant agencies and analysis on each administrative
level e.g. local, central), and investigation of cases of organised
facilitated irregular migration, including effective cooperation
between relevant agencies
13.1 Efficient fight against illegal migration and staying of foreigners in the Republic of Moldova
The Ministry of Interior has submitted to the Romanian Immigration Office (RIO) a request to initiate a
joint project of assistance to experts’ development of consistent and effective methodology to detect
irregular migrants within the country, investigating cases of facilitation of illegal migration, including the
risk analysis and effective cooperation between relevant institutions. Also, joint projects with
international partners organizations (IOM and ICMPD) are discussed in this field.
In the same context, the internal Decision of the Ministry of Interior no. 90 from 6 of April 2011
approved methodological Recommendations on combating illegal stay of foreigners (See attached Annex
22).
Some aspects of the issue are covered by the new project: "Support for the implementation of the
European Communities Readmission Agreements with the Republic of Moldova, Russian Federation and
Ukraine: facilitating assisted voluntary return and reintegration (SIREADA)”.
14. Provision of adequate infrastructure (including detention centres) Status of Progress:
and strengthening of responsible bodies to ensure effective expulsion Implemented
of illegally residing and/or transiting third country nationals from
the territory of the Republic of Moldova
14.1 Consolidation of capacities of the Centre of detention and development of necessary skills of the
employees responsible for carrying out procedures of return and expulsion
The works on renovation and equipping of the administrative block and the block for the placement of
women and children of Center for temporary placement of foreigners have been finished, the official
opening being held on 14 March 2011.
On 1 March 2011, the project "Support for implementing of the readmission agreements of the European
Community signed with the Republic of Moldova, Russian Federation and Ukraine: facilitating the
voluntary return and assisted reintegration (SIREADA)” has been launched. The project is funded by the
EU and implemented by IOM in the Republic of Moldova.
The SIREADA project is a follow-up to the GUMIRA project on strengthening the capacities of the
Center for temporary placement finalized in March 2011. The project is focused on the implementation of
34
the readmission agreements of illegally residing persons between EU on one side and the Republic of
Moldova, Russian Federation and Ukraine on the other. The project was launched in March 2011 and is
foreseen for 24 months. The expected result for the Republic of Moldova is 150 foreign citizens and 50
Moldovan citizens voluntarily returned.
In the period of January-October 2011, a series of training seminars were organized for civil servants and
law enforcement employees on ensuring the rights of illegal migrants who are in public custody, legal
assistance and their integration, readmission and application procedures necessary for returning to their
origin country.
14.2. Continuous training programmes for police officers and public officials involved in the
management of migration and asylum, risks analysis, fight against illegal migration and staying,
detention, procedures of return, and other
The Ministry of Interior requested IOM assistance in order to carry out thematic lessons on law
enforcement on foreigners in the Republic of Moldova, relevant EU acts in the field (Directive
2008/115/EC of the European Parliament and the Council from 16 December 2008 on common standards
and procedures applicable in Member States for returning third-country nationals who are illegally) and
international standards (the Protocol against the Smuggling of Migrants by Land, Sea and Air,
supplementing the United Nations Convention against Transnational Organized Crime from 15 November
2000).
Two workshops on the assessment of the pilot phase of training on security documents have been
organized within the project "Capacity building and cooperation in identifying false and forged travel
documents at the Moldovan-Romanian", implemented by International Centre for Migration Policy
Development (ICMPD), from 18-20 January 2011 and 15-17 February 2011.
In order to enhance national migration management system, on 1 January 2011 was launched a new
project: "Capacity training and analytical building on migration in Moldova and Georgia" (Govac), whose
overall objective is to strengthen the capacity of government institutions manage migration as a basis for
the development and implementation of joint mobility in Georgia and Moldova.
The project aims to create a sustainable mechanism that will provide institutional training capacity in
Moldova and independent management of migration and asylum, migration increased knowledge base
among decision-makers in government and academia in a sustainable way, fostering cooperation between
academia and Government to meet the analytical needs of authorities in the conceptualization and
implementation of policies on migration. The project is funded by the European Union and implemented
by International Centre for Migration Policy Development (ICMPD).
From 15-18 March 2011, the Ministry of Interior staff participated in the seminar focused on issues of
readmission, return and reintegration, as well as at the National Coordinators Meeting at the Soderkoping,
held in Riga, Latvia.
The Ministry of Interior has developed the Concept of professional training for internal affairs bodies,
which includes initial and continuous training and the Regulation on continuous training of staff from
subdivisions.
From 15-17 March and 16-17 March 2011, the Ministry of Interior participated in the Seminar on
Strengthening Partnerships Project Strategy and Regional Seminar on the implementation of migration
projects readmission “GUMIRA-SIREADA”.
Another initiative in this field is an ICMPD project "Supporting the Implementation of the EC visa
facilitation and readmission agreements in Moldova and Georgia" (REVIS), The REVIS project seeks to
enhance capacities of the Government institutions in beneficiary countries to implement returns and
readmission to and from Georgia/Moldova, as well as the capacities of Government institutions to issue
supporting documents required for visa applicants to the EU in line with the international standards. The
project will last 20 months.
35
From August 29 to September 23 in an internship to the ICMPD central office in Vienna was offered for
1 representative of the BMA, with focus on migration studies.
Asylum Policy
1st phase (legislative and policy framework):
15. Consolidation of the legal framework for asylum policy through Status of Progress:
stage
adoption of legislation on the integration of refugees or beneficiaries Advanced
implementation
of other forms of protection
of
Republic of Moldova joined the Convention relating to the Status of Refugees and its additional Protocol
on 23 November 2001.
Following the international standards in the asylum field the Law 1286-XV on the status of refugees was
adopted on 25 July 2002 and entered into force on the 1 January 2003. Nevertheless, the Republic of
Moldova continued to revise the national legislation. Thus, the new Law no.270 on asylum in the
Republic of Moldova was adopted on 18 December 2008 and entered into force on 13 March 2009 (See
attached Annex 23). The new law on asylum is in accordance to :
 Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the
reception of asylum seekers;
 Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in
Member States for granting and withdrawing refugee status;
 Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and
status of third country nationals or stateless persons as refugees or as persons who otherwise need
international protection and the content of the protection granted;
 Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification;
 Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary
protection in the event of a mass influx of displaced persons and on measures promoting a
balance of efforts between Member States in receiving such persons and bearing the
consequences thereof
15.1. Development of legal framework and programmes of integration of asylum seekers and
refugees
Integration of refugees and beneficiaries of other forms of humanitarian protection is forseen in the draft
Law on integration of foreigners, submitted to the Parliament for approval (see p.7.1) (See attached
Annex 13).
2nd phase (benchmarks for effective implementation):
16. Effective implementation of asylum legislation, including Status of Progress:
stage
provision of adequate infrastructure and strengthening of Advanced
responsible bodies (staff, funding), in particular in the area of asylum implementation
procedures, reception of asylum seekers and protection of their
rights, as well as integration of refugees; ensuring that beneficiaries
of international protection have access to travel documents foreseen
by the legislation
of
16.1. Implementation of the asylum legislation, fundamental rights and liberties of asylum seekers and
beneficiaries of different forms of protection
36
According to the Law no. 270 from 18 of December 2008 on asylum in the Republic of Moldova, the
Ministry of Interior provides access to the asylum to any foreigners on the territory of the Republic of
Moldova or at the border, since the manifestation of the will is expressed in writing form or verbally, to
the effect that it calls for protection state.
On 25 of March 2011, the Government Decision no. 159 on approval of the quantum of monetary aid to
refugees and beneficiaries of some form of protection for 2011 has been adopted.
In the context of introduction of biometric passports from 1 January 2011 and according to the
amendments to Law no. 273 from 9 November 1994 on the identity documents of the national passport
system, the Ministry of Interior developed the drafts to the amendment of the Government Decision no.
626 from 28 June 2005 on the refugees’ identity documents and the Government Decision no. 562 from 6
May 2008 on the identity documents of the beneficiaries of humanitarian protection, which provides
travel document model for beneficiaries of humanitarian protection.
A new Regulation of the activity of the Center for accommodation of asylum seekers was approved (See
attached Annex 24) according to the EU standards and the Law on asylum.
Therefore, 70 refugees, 85 beneficiaries of humanitarian protection and 70 applications for asylum are
registered at the moment on the territory of the Republic of Moldova.
During the 9 months 2011, were undertaken for examination 104 asylum requests, 3 repeated asylum
request and 59 requests for extension of the humanitarian protection.
With reference to the strengthening capacities in cooperation with line authorities UNHCR has provided
or plans to organise the following Capacity building activities during 2011:
- quarterly training for the staff of the Refugee Directorate of the Bureau for Migration and Asylum
(MoI) on refugee status determination (RSD) quality improvement (underway);
- bi-monthly case conferences examining refugee status determination (underway);
- study trip for the Border Guards Service, Bureau for Migration and Asylum (BMA) and NGOs to
Poland took place in April as part of the EU-funded Regional Protection Programme (RPP) for
Belarus, Moldova and Ukraine to help the Republic of Moldova to develop and implement
mechanisms that ensure protection-sensitive entry systems and refugee protection in the context
of mixed migration, with a particular focus on non-refoulement, access to the territory, reception
of asylum seekers, and fair and efficient RSD procedure;
- three training sessions under the EU-funded RPP on asylum legislation and referral mechanisms
for the Border Guards Service, the BMA and NGO partners involved in border monitoring
(underway) and the development of specialized curriculum and training materials targeting
Border Guards and Policemen;
- a joint study visit involving Romanian and Moldovan Border Guards under the EU-funded RPP is
planned for early July starting in Iasi and ending in Chisinau;
- a refresher seminar in refugee law under the EU-funded RPP to be led by an esteemed Irish
immigration judge and targeting key judges from Belarus, Moldova and Ukraine will take place
over three days next week near Kyiv. Next week's training will also include also officials from
the Refugee Directorate;
- at least one and possibly up to two study visits to review refugee integration methods and
practices is planned for later this year under the joint EU/UNHCR Local Integration Project for
Belarus, Moldova and Ukraine targeting the Refugee Directorate and key BMA staff as well as
the Ministry of Labour, Family and Social Protection;
- regular briefings and lectures at universities (ULIM, USM, Military Institute, Balti State and
Cahul State) on refugee law (underway);
- a session in March on the protection of refugees and asylum-seekers at the training on migrants'
rights organized by IOM at the Migrant Accommodation Centre including participants from
the BMA, BGS, MoJ, Gen. Prosecutor's Office, NGO LCA, NGO IPR, and others;
- a day-long training/information session for mass media and government media officers on
refugees and asylum will be organised 14th June;
37
-
-
A regional training on fund raising for government and NGO staff funded under the Local
Integration Programme is planned for the second half of the year;
A seminar on statelessness, registration of stateless persons and determination procedures is
planned for the second half of the year upon Moldova's accession to the two Statelessness
Conventions and will target key staff of the Bureau for Migration and Asylum and the Refugee
Directorate;
a five-day training in Bucharest for two staff of the Refugee Directorate in March during which
they studied Country of Origin Information procedures with Romanian counterparts;
the Refugee Directorate seeks UNHCR support to study the Common European Asylum
Curriculum at a planned upcoming retreat.
The statistical data indicate that 88.3% of refugees or persons benefiting from humanitarian protection are
concentrated as in the area of the city. The BMA (central office) will take these data into account when
implementing, in its quality of the coordinating institution, the provisions of the draft Law on the
integration of the foreigners.
38
Block 3: Public order and security
Preventing and fighting organized crime, terrorism and corruption
1st phase (legislative and policy framework):
 Ongoing reform of all relevant institutions and authorities in the area of public order and
security, including the police.
The Concept of reform of Ministry of Interior and its subordinated and decentralized institutions was
approved by the Government in December 2010 (See Annex 1). The Concept has 9 objectives is based on
the principle of separation of the public order aspect of the police work from the investigative/prosecution
constituents making them completely autonomous.
The Action Plan on the implementation of the Concept of reform of Ministry of Interior has been
approved on 16 June 2011 by the Government (after a wide consultation with the civil society and
approval of the Reform Supervisory Committee led by the Prime-Minister). Subsequently, the Ministry of
Interior approved the internal Plan on the implementation of the reform for 2011.
Therefore, beside the legislative acts drafted within the Block 2 and 3 of the Visa Liberalisation Action
Plan, the following important legislative measures have been carried out:
- the draft of the Law on police activity and status (submitted to Government);
- the draft Law on Carabineer troops (submitted to Government);
- the draft Law on the use of firearms, special means and physical force by the law enforcement
officers (submitted to line authorities for proposals).
Nevertheless, in this context the Strategy on the reform of the Justice Sector (See Annex 2) has been
approved by the Government on 7 September 2011, in the first reading by the Parliament on 3 November
and second (final) reading on 25 November 2011. The Ministry of Justice in cooperation with all the
involved line authorities started to draft the Action Plan on the implementation of the Strategy.
The Strategy aims at the creation of an accessible, efficient, independent, transparent and professional
justice system accountable in front of society, in line with European standards and able to ensure the rule
of law and namely to reform the following areas:
- The judicial system (ensuring its accessibility, independence and transparency; higher
professionalism of persons involved in the justice execution and their accountability; etc).
- The criminal justice (revision of the concept and procedure of the pre-judicial phase;
strengthening the professionalism and independence of the prosecution office).
- Access to justice and execution of justice (strengthening the system providing free of charge legal
assistance guaranteed by the state; effective and adequate enforcement of the court decision; etc).
- Strengthening the integrity of the justice sector actors through the promotion of anti-corruption
measures and professional ethical standards (efficient and effective combating of corruption in
the justice system, strengthening the mechanisms facilitating the implementation of ethical
standards and anti corruptive behavior at the level of all institutions of the justice sector, etc).
39
-
-
Contribution of justice to the economic growth (strengthening the system of alternative settlement
of disputes; modernization of the system of accounting and access to information on registration
of economic agents; etc).
Respect and monitoring of human rights in the justice system (strengthening the role of the
Constitutional Court; improvement of the national mechanism for the protection of human rights;
etc).
1. Adoption of a law and comprehensive strategy on preventing and
fighting organised crime, together with an action plan containing a
timeframe, specific objectives, activities, results, performance
indicators and sufficient human and financial resources
Status of Progress:
Advanced
stage
of
Implemention- Strategy for
prevention and combating
organized crime and it’s
implementation Action Plan
have been adopted and the
Law on prevention and
combating organised crime
pending approval by the
Parliament
1.1. Adoption of the Law on prevention and combating organized crime
The general policy of the Republic of Moldova on preventing and fighting organized crime is stipulated
in the Criminal Code, Criminal Procedure Code, and Law on prevention and combating human trafficking
and a number of other relevant acts.
The Republic of Moldova is part to all relevant international and regional instruments in the field of
fighting organized crime, human trafficking, drugs and weapons trafficking, illegal migration as the
Palermo Convention and its three additional protocols, Warsaw Convention on trafficking in persons,
Police Cooperation Convention in SEE etc. The Republic of Moldova takes part in all relevant
international initiatives on fighting organized crime.
The draft Law on prevention and combating organized crime was approved by the Government on 22
June 2011 and sent to the Parliament and it is expected to be adopted before the end of 2011 (See
attached Annex 3).
Description: The draft Law improves the institutional framework in the area of prevention and
combating organized crime, redefining the activity and competences of the special subunits responsible
on prevention and combating organized crime, as well the process of recruitment and training of officers,
clear description of tools of prevention and combating organized crimes, social and legal protection of
officers, supervision and evaluation of the activity of prevention and combating organized crime, and
international assistance.
The given draft Law represents the first distinct national legislative act that regulates the prevention and
combating organized crimes. Up to this moment, prevention and combating organized crimes was
regulated by some provisions of the Criminal Code. Moreover, the draft Law enumerates all the national
authorities involved in the process.
1.2. Adoption of the Strategy and the Action Plan for prevention and combating organized crime
The Working Group created for the development of the draft Law on prevention and combating organized
crime was empowered for the development of the National Strategy on prevention and combating
organized crime and the Action Plan of its implementation. The Strategy was approved by the
Government on 22 June 2011 (See attached Annex 4) and the Action Plan of the implementation of the
National Strategy on prevention and combating organized crime was approved by the Government on 11
November 2011. (See attached Annex 5).
Description: The Strategy is drawn up for 2011 – 2016 and foresees permanent assessment of the threats
and risks of organized crime. The management of possible features trends and challenges regarding the
40
combating of organized crime as well the factors of risk for the safety of citizens, basic principles of
fighting against the organized crime, general objectives and competences of line authorities are reflected
in the Strategy.
The main objectives of the draft Strategy are: institutional and functional development, improvement of
management capacities, legal harmonization, and improvement of operational activity of combating
crimes related to different areas of organized crime, consolidation of international cooperation, as well as
cooperation between national authorities.
The Action Plan of the implementation of the National Strategy on prevention and combating organized
crime covers five areas:
-
Operative and institutional development in line with EU and International standards
strengthening of inter-agencies and international cooperation
strengthening and modernizing the management capacity and strengthening of the institutional
capacity
Adjustment of the legal framework to the EU standards
Fighting of the organized crime
The draft Law on prevention and combating organized crime, the draft Strategy for prevention and
combating organized crime and its implementation Action Plan have been placed on the website of the
Ministry of Interior for public consultations. The comments have been taken into consideration in the
process of drafting.
During 2011 discussion between the General Prosecutor Office of the Republic of Moldova and
Directorate for Investigation of Organized Crime and Terrorism of Romania for initiating cooperation on
combating organised crime and terrorism were carried on. The Memorandum of Understanding between
the General Prosecutor Office of the Republic of Moldova and Directorate for Investigation of Organized
Crime and Terrorism of Romania was confirmed by both side to be ready for signature on 3 November
2011.
2. Consolidation of the legal framework on preventing and fighting
trafficking in human beings and regular updating of the respective
National Plan, including a timeframe, specific objectives, activities,
results, performance indicators and sufficient human and financial
resources.
Status of Progress:
Implemented - the National
Action
Plan
and
an
Additional
Plan
for
preventing and combating
THB were approved and are
implemented
2.1. Consolidation of the existent legal framework on preventing and fighting trafficking in human
beings
The existent legal framework on preventing and fighting trafficking in human beings
National legal framework
 Law on preventing and fighting trafficking of human beings no. 241-XVI/20 October 2005;
 Law on ensuring equality of chances between women and men no. 5-XVI/ 09 February 2006;
 Law on organs, human tissues and cells transplant no. 42-XVI /06 March 2008;
 Law on the protection of witnesses and other participants in criminal proceedings nr.105-XVI
/16 May 2008.
 Laws amending Criminal Code No.376-XVI/29 December 2005 in order to introduce actions
of smuggling of migrants into the Criminal Code and to set the criminal liability for human
trafficking, child trafficking, illegal removal of children from the country and pimping, and to
adjust national legislation to the international one, No.235-XVI /8 November 2007 which sets
the criminal punishment for child pornography, No.243-XVI from 16 November 2007 on
special confiscation
 Law No.120-XVI from 29 May 2008 amending the Family Code;
41










Parliament Decision nr.257-XVI from 5 December 2008 on approval of the Strategy of the
National Reference System for protection and assistance of victims and potential victims of
trafficking of human beings and of the Action Plan on implementing the NRS Strategy for
protection and assistance of victims and potential victims of trafficking of human beings for
2009-2011.
Governmental Decision No. 472/26.03.2008 on the nominal composition of the National
Committee for Fighting Trafficking in Human Beings, the Regulation of the National
Committee and the National Plan for prevention and combating of trafficking in human
beings for 2008-2009 and the Government Decision no. 835/ 13.09.2010 and no
795/03.12.2009 amended by the Governmental Decision No. 472/26.03.2008 on the creation
of the Secretariat of the National Committee for Fighting Trafficking in Human Beings
Government Decision on the framework Regulation of the territorial commissions for
fighting trafficking in human beings no. 234/9 February 2008;
Government Decision regarding the approval of the Regulation on the procedure for
repatriation of children and adult victims of trafficking of human beings, smuggling of
migrants and of unaccompanied children no. 948/07 August 2008;
Governmental Decision on the creation of the Center for assistance and protection to victims
and potential victims of trafficking in human beings No. 847/17.07.2008;
Government Decision on National Plan for prevention and fighting trafficking of human
beings for 2010 – 2011 no. 835/13 September 2010;
Government Decision on Additional Plan to the National Plan for Preventing and Combating
THB for the years 2010-2011 no. 1170/21 December 2010
Amendment of the Regulation on organisation and activity of the Center for Fighting
Traficking in human beings (CFTHB) approved by the Order of the MoI no. 93/24 March
2010
Criminal Code of the Republic of Moldova no. 985-XV from 18 April 2002.
Government Decision on Framework rules of the territorial committees for fighting
trafficking in human beings no. 1362/29.11.2006
Articles of the CC of the RM that involve criminal liability for human trafficking and illegal migration:
 Article 165 (trafficking in human beings);
 Article 206 (trafficking in children);
 Article 207 (illegal removal of children from the country);
 Article l 220 (pimping);
 Article l 302 (organization of begging);
 Article 362 (issuing of forged documents);
 Article 362/1 (organizing illegal migration);
 Article 110 (special methods of hearing of witnesses and his protection);
 Article 111 (declarations and hearings of victims).
International framework
Moldova is part to the majority of the relevant international legal instruments, such as:
 Convention on the Elimination of All Forms of Discrimination against Women, 18 December
1979, New York;
 UN Convention on the Rights of the Child, 20 November 1989, New York;
 United Nations Convention against Transnational Organized Crime, 15 November 2000, New
York;
 Council of Europe Convention on Action against Trafficking in Human Beings, signed by the
Republic of Moldova on 6 May 2005 in Warsaw (Poland) and ratified on 30 March 2006 by
Law no. 67-XVI, entered into force on 1 February 2008;
 Protocol to Prevent, Suppress and Punish Trafficking in human beings, Especially Women
and Children, supplementing the UN Convention against Transnational Organized Crime, 15
November 2000, Palermo;
 Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the UN
Convention against Transnational Organized Crime, 15 November 2000, Palermo.
42


Optional Protocol to the Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography (2000);
Bilateral agreements on fighting against trafficking in human beings with Turkey, Russian
Federation, Romania, Ukraine etc.
The anti-trafficking policies are coordinated by the National Committee for fighting trafficking in human
beings which is a consultative body within the Government. The National Committee which includes all
relevant governmental bodies has its own Regulations, Permanent Secretariat and Action Plans. The
Permanent Secretariat regularly collects relevant data from the national authorities on the activities related
to the implementation of the Action Plan and Law on combating the trafficking in human beings. The
OSCE Mission to Moldova has provided assistance in amending the national legislation to the EU
standards.
The National Plan for Preventing and Combating THB for the years 2010-2011 was approved by
Government Decision no. 835 from 13 September 2010 (See attached Annex 6).
Description: Adoption and implementation of this Plan, in the spirit of continuity with the above
mentioned (National Action Plan for combating THB no. 1219 of 9 November 2001 approved by
Government and the National Plan to prevent and combat THB 2008-2009 approved by Government
Decision no. 472 of 26 March 2008, etc.) proves the Government's continuing challenge to limit the
incidence of this phenomenon and to continue expanding cooperation between governmental structures
and civil society, creating opportunities to use the experience of law enforcement bodies in prevention
campaigns, boosting cooperation between Moldova and international partners.
An Additional Plan to the National Plan for Preventing and Combating THB for the years 2010-2011, was
approved by Government Decision no. 1170 as of 21 December 2010 (See attached Annex 7).
Description: The Specific Plan provides for more concrete measures, with particular focus on
intervention for immediate action, but with sustainable results, having as a primary goal to improve the
mechanism of proving the involvement of state officials in THB cases and to increase protection of
children-victims of trafficking.
The Ministry of Interior with the support of OSCE launched a review exercise of the national legal
framework on preventing and fighting against trafficking in human beings aiming to submit all the
legislative acts to international expertise to local NGOs, US Embassy in Moldova, as well as to
international organizations in the area.
In order to consolidate the legal framework on preventing and fighting trafficking in human beings, as
well as according to the Law no. 241 from 20 October 2005 on preventing and fighting trafficking in
human beings, the National Committee on prevention and fighting against trafficking in human beings
created an Working Group on the development of a new Action Plan on fighting against trafficking in
human beings for 2012 – 2013. The Working Group jointly with the Secretary of the National Committee
on prevention and fighting against trafficking in human beings had to:
 Assess the activities carried out within the Action Plan for 2010 – 2012.
 Set the priority actions for 2012 – 2013.
 Identify the trends and needs for the improvement of the legal framework in the area and
cooperation with the destination countries of trafficking in human beings.
 Establish the Secretariat of the National Committee on prevention and fighting against trafficking
in human beings.
 Draft the Action Plan on fighting against trafficking in human beings for 2012 – 2013.
Based on the working group assessment the future draft Action Plan will be based on the following
objectives:
-
Improving measures to combat trafficking by coordinating activities between the subjects
involved;
43
-
Improve the legal and regulatory framework related to preventing and combating trafficking in
human beings and framework related to protection and assistance to victims;
Strengthening the capacity of government bodies and nongovernmental institutions in preventing
and combating trafficking in human beings
Ensuring accessibility of information and data exchange at national and international levels to
prevent and combat human trafficking;
Research and evaluation of the characteristics, size and evolution of human trafficking;
Reducing human trafficking by strengthening the self and society from threats to citizens of this
phenomenon;
Prevention of trafficking through various administrative measures;
Assistance and protection of victims and witnesses;
Repatriation, rehabilitation and reintegration of trafficked persons;
Investigation and prosecution of traffickers;
Enhancing international cooperation in preventing and combating trafficking in human beings.
The draft Action Plan is expected to be approved by the end of 2011.
The Law on Ratification of the Council of Europe Convention (Lanzarote Convention) regarding the
child protection against sexual exploitation and abuse, signed on 25 October 2007 was approved by the
Government on 26 August 2011 (Government Decision no 642).
Description: 2 Council of Europe experts realized the feasibility study of the national legislation in line
with the Convention provisions. Following the experts recommendations the draft Law on modification
and amending of some legislative acts was drafted. One amendment refers to the criminalization of the act
«Accosting in sexual aim».
The national anti-trafficking legislation in order to grant a residence permit to victims of human
trafficking was amended aaccording to the Directive 2004/81/CE of the Council of Europe from 29 April
2004 on the residence permit issued to third-country nationals who are victims of trafficking in human
beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the
competent authorities.
On 28 February 2011 at the Conference in Ljubljana, Republic of Moldova became co-signatory of the
Memorandum of understanding on strengthening anti-trafficking efforts in South-Eastern Europe.
Description: The Memorandum provides for strengthening trans-border anti-trafficking efforts as a result
of setting up Joint Investigation Teams and creating a new mechanism for investigating THB cases,
which will improve the anti-trafficking efforts at regional level. At the same time, the Memorandum will
facilitate the investigation of Moldovan high ranking officials involved in trafficking in persons
(especially those with double citizenship), as well as will reinforce regional and international tools of
bilateral and multilateral cooperation, by harmonizing the national legislation with EU standards,
implementing best practices and exchange experience in anti-trafficking strategies and making joint
efforts in combating and eradicating the THB phenomenon.
3. Adoption of legislation on preventing and fighting corruption and
consolidation of the anti-corruption function of the Centre for
Combating Economic Crime and Corruption; strengthening
coordination and information exchange between authorities
responsible for the fight against corruption.
Status of Progress:
Advanced
stage
of
Implementation – all 11
legislative measures foreseen
in the Annotated Action Plan
have been drafted out of
which 2 were approved by
the Parliament, 4 approved
by the Government and sent
to the Parliament for
adoption, 3 are at the stage
of revision and inter and
intra agency consultations
44
3.1. Consolidation of the legislative framework on the preventing and fighting corruption
The Republic of Moldova being a full member in a number of international bodies – GRECO from 2001,
IAACA (International Association of Anti-Corruption Authorities) from 2006, RAI (Regional Anticorruption Initiative) from 2001 (to former SPAI which transformed to RAI in 2007) as well as
implementing a range of programs, projects, anticorruption campaigns , during 2011 carried out a series
of actions in order to further adjust the already existing national legal framework in the area to the
international standards (Council of Europe’s Criminal and Civil Law Conventions on corruption, United
Nations Convention against corruption etc.).
The existing national anticorruption legal framework
 Criminal code of the Republic of Moldova , 985-XV /18.04.2002;
 Criminal procedure code of the Republic of Moldova, 218-XVI /24.10.2008;
 Administrative Contraventions Code of the Republic of Moldova, 218-XVI /24.10.2008;
 Law on preventing and fighting against corruption 90-XVI / 25.04.2008;
 Law on preventing and combating money laundering and terrorist financing 597/07.09.2007
 Law on protection of witnesses and other participants in criminal proceedings 105/16.05.2008
 Law on Code of Conduct for public servants 25-XVI / 22.02.2008;
 Law on the conflict of interest 16-XVI /15.02.2008;
 Law on the civil service and the status of civil servants 158-XVI /04.07.2008;
 Law on declaring and monitoring the income and assets of state dignitaries, judges, prosecutors,
civil servants and certain persons holding leading positions 1264-XV/ 19.07.2002;
 Law on the control of public office holders and candidates to public vacancies 271XVI/18.12.2008;
 Law on public procurements 96-XVI/13.04.2007;
 Law on the transparency in decision making process 239-XVI /13.11.2008;
 Law on the Centre for Combating Economic Crimes and Corruption1104-XV /06.06.2002;
 Law on the Prosecutor’s office 294-XVI/ 25.12.2008;
 Law on the Court of Accounts 261-XVI /05.12.2008;
 Law on access to information 982/11.05.2000
 Law on Operative Investigation 45/12.04.94
 Law on criminal prosecutor’s status 333/10.11.2006
 Parliament Decision on the adoption of the new Anti-coruption Strategy 154-XIX/21.07.2011
(replacing the Parliament Decision on the adoption of the National Strategy for preventing and
fighting against corruption 421-XV/ 16.12.2004)
 Government Decision on anti-corruption expertise of draft legislative and normative acts 977/
23.08.2006;
 Government Decision on measures for preventing corruption and protectionism within public
institutions 615 /28.06.2005 ;
 Government Decision on Civil Council on the monitoring of the Center for Combating Economic
Crimes and Corruption 1210/ 29.10.2008;
 Government Decision on the approval of the Methodology for assessing the corruption risks in
public institutions 906 /28.07.2008;
The existing legal framework (based on more 10 years experience in implementing anti-corruption
activities) establishes actions of prevention and combating corruption, ensuring the rights and freedoms of
individuals, public interests, national security and removing the corruption acts consequences, as well
authorities enforced with detection of actions of corruptive behavior, corruption acts and those related to
them, criminal prosecution and punishment of the perpetrators.
The amendments to the following draft Laws are in line with the UN Convention against corruption,
Criminal convention on corruption and it’s Additional protocol, as well to the II round of evaluation
GRECO recommendations:
45
1. The law on amendment of some legislative acts (Criminal Code of the Republic of Moldova no. 985XV from 18 April 2002, Code of Criminal Procedure of the Republic of Moldova no. 122-XV from
14 March 2003) was approved by the Government on the 16 May 2011 and was adopted in first
reading by the Parliament on 7 October 2011 and in the second (final) reading on 25 November 2011
(See attached Annex 8).
Description: Amendments to Criminal Code refer to the toughening the penalty for tax evasion, as well
as the decreasing of the amount of conventional units in par. (a) of Article 244 of the Criminal Code, from
"2500" conventional units to "1500" conventional units, a figure which if exceeded, under the provisions
of this article, has the deed classified as tax evasion crime.
Amendments to the Code of Criminal Procedure refer to the exclusion from the CCECC prosecution
competences regulated by the art. 236 and art. 259-261 of the Criminal Code and transfer these
competences to the Ministry of Interior. The Code of Criminal Procedure will also be amended in order to
adapt national legislation to the UN Convention against Corruption concerning the obligation to take
measures to ensure the confiscation of assets of criminals.
2. The Draft law on amendment of some legislative acts (Law No. 90 - XVI from 25 April 2008 on
preventing and combating corruption, Criminal Code of the Republic of Moldova no. 985-XV from
18 April 2002, Code of Criminal Procedure of the Republic of Moldova no. 122-XV from 14 March
2003) was approved by the Government on 16 May 2010 and was adopted in first reading by the
Parliament on 21 October 2011. (See attached Annex 9).
Description: Amendments to the Law no. 90 - XVI from 25 of April 2008 on preventing and combating
corruption refer to the notion of "corruption", and namely adoption of a broader definition of corruption,
which would comply with the notion of the Civil Law Convention on Corruption. It includes provisions
on corruption in the private sector.
The draft Law amend the Criminal Code by introducing the concepts of “public person”, “public person
of a high rank” and description of their defining signs, so that the above-mentioned persons would be
liable of criminal penalty for committing acts of corruption, as well as of the concept “foreign public
person”, which will be similar to the concepts used by UN Convention against corruption “foreign public
official” and “international public organization official”.
The amendments also set criminal liability for actions of corrupting of voters, which will consist of
offering or giving money, goods or other benefits in order to determine the voter to vote or not vote for a
specific list of candidates or a specific candidate.
Also, it is proposed to amend Criminal Procedure Code in order to adapt national legislation to the UN
Convention against Corruption, related to the obligation to take measures to ensure the confiscation of
proceeds of offences.
3. The draft Law on amendment of some legislative acts (changes to: Criminal Code of the Republic of
Moldova no. 985-XV from 18 April 2002, Code of Criminal Procedure of the Republic of Moldova
no. 122-XV from14 March 2003, Law no. 204 XVI from 6 July 2006 on the enforcement system, the
Law no. 96-XVI from 13 April 2007 on public procurement; Law no. 25-XVI from 22 February 2008
on the Code of conduct for civil servants). The draft was rejected by Parliament in July 2011. A new
draft law was developed and approved by the Government on 11 November 2011. (See attached
Annex 10)
Description: The amendments are done in order to implement the GRECO recommendations within II
round of evaluation (13) and refer to the following:
 The violation of the Code of conduct for civil servants would not be just a disciplinary violation,
but in certain cases, shall be qualified as administrative offence or crime.
 The liability for the offence of “false in accounting documents” will be added to the Criminal
Code.
46


The Law on enforcement system will have added the fact that in the case of flagrant crimes, the
bailiff may be detained, searched and will be legal to lift the goods he has on him.
The amendment of the public procurement procedure.
4. The draft Law on the amendment of some legislative acts (Law No. 90 - XVI from 25 April 2008 on
preventing and combating corruption, Law No. 25-XVI on the Code of Conduct of the civil servant)
was approved by the Government on 21 September 2011 (Government Decision no 723 from 22
September 2011) . (See attached Annex 11)
Description: Promotion of the draft law on amendment of some legislation is part of the efforts to
strengthen and improve the anti-corruption legislative framework, completed to its adjustment to
international standards against corruption, the United Nations Convention against Corruption, Civil
Law Convention on Corruption, 10th GRECO recommendation and will ensure accountability of
persons with public status on respect of legal norms, encourage the denunciation of corruption acts
through effective regulatory measures for protection of whistleblowers, the company confidence in
the fairness and transparency of public authorities and institutions and reducing corruption by
establishing a culture of intolerance to this phenomenon.
5. The Law on amendment of some legislative acts (changes to: Criminal Code of the Republic of
Moldova no. 985-XV of 18 April 2002; Code of offences no.218-XVI of 24.10.2008) was approved
by the Government on 8 June 2011 and was adopted in the second reading by the Parliament on 20
October 2011 (Law no. 206 from 21 October 2011). (See attached Annex 12)
Description: Changes refer to punishment of the individuals for tax evasion.
6. The new National Anticorruption Strategy was adopted by the Parliament on 21 July 2011 and
published in the Official Gazette no 166 – 169, art. 483 from 7 October 2011. (See attached Annex
13).
Description: The National Anticorruption Strategy is the main anticorruption policy document
currently applied at the national level. The National Anticorruption Strategy elements are improving
legal framework and ensuring the enforcement of legislation; corruption prevention in public
institutions and political process (by making the institutional system more efficient, guaranteeing the
transparency and accountability in political activity, mitigating corruption effects on private sector);
increasing cooperation between public institutions and civil society and expanding international
cooperation.
7. The Law on amendment of the Code of Offences of the Republic of Moldova was approved by the
Parliament on 7 July 2011 and published in the Official Gazette no. 131 – 133, art. 397 from 12
August 2011. (See attached Annex 14).
Description: The amendments refer to the sanctions for protectionism, conflicts of interest, money
laundering etc.
3.2 Consolidation of the anti-corruption function of the Centre for Combating Economic Crime and
Corruption .
Central public authority directly specialized in prevention and combating corruption - Centre for
Combating Economic Crimes and Corruption (CCECC) established in 2002 is a law enforcement body,
specialized in counteracting corruption and economic, financial and tax crimes, a single centralized body,
composed by a central apparatus and territorial subdivisions.
CCECC’ s competences are prevention, detection, investigation and suppression of contraventions and
stopping the economic, financial and tax crimes; counteracting corruption and protectionism; prevention
and fighting of money laundering and terrorist financing; making the anticorruption expertise of the draft
legislative and normative acts of the Government for their compliance with state policy to prevent and
combat corruption.
47
Organization of CCECC’ s activity:
- Led by a director appointed by the Government for a term of four years;
- 3 deputy directors, appointed and dismissed at the proposal of the Director;
- within the CCECC is established a college, which numeric and nominal composition is approved
by the Government, at the proposal of the Director.
The current structure of CCECC includes 14 divisions within the CCECC headquarters and 2 general
territorial divisions in Balti and Cahul. The work of CCECC’ s employees is based on their job
descriptions, attached to the regulations of their divisions and approved by director’s order. Selection,
recruiting and employment within CCECC it is done on a competitive basis.
Improving the activity of the Centre for Combating Economic Crimes and Corruption aimed at
ensuring its institutional independence
According to the Government Decision no.19-d from 9 February 2011, the Working Group on the
reorganization of the Center for Combating Economic Crimes and Corruption has been established. The
Working Group was set up by representatives of the Ministry of Justice, Ministry of Finance, Ministry of
Economy, the Superior Council of Magistrates, the Anti-corruption Prosecutor’s Office, the CCECC in
order to:
- Identify the possibilities of transfer of CCECC competences not related to corruption fighting to
other specialized state structures in the context of their institutional reform.
- Develop a new concept of activity and institutional framework of CCECC, keeping in its
competence of the tasks of fighting corruption.
The first ideas of the CCECC reform were presented within the consultative meeting with civil society
(Transparency International, Centre for Analysis and Prevention of Corruption, Access Info, Civil Council,
etc.) on 19 May 2011.
Based on the civil society recommendations CCECC reform strategy was drafted by CCECC with the
support of the European Union High Level Policy Advice Mission for Moldova. (See Annex 15) The
CCECC reform strategy amends the legal framework, re-define the CCECC powers, structure and
guarantees to ensure independence, as well society control over the Center activity.
The CCECC reform strategy was presented for public debates with civil society representatives on 19
September 2011 and with senior officials of central and local public administration, representatives of
diplomatic corps accredited in Moldova, academic centers and civil society on 26 September 2011. In
order to ensure an effective public debate, CCECC organized four round tables and additional series of
public consultations for every objective of the policy document.
In this context, the CCECC Reform Strategy with all the recommendations formed in the result of the
public consultations was finalized and sent on 3 November for inter and intra agency consultations and is
expected to be approved by the Government by the end of 2011.
The Strategic Development Plan for the period 2012-2014 is being drafted in order to implement
CCECC’s Reform Strategy, which will include concrete measures, deadlines, performance indicators and
expected results. The Plan is expected to be approved in January 2012 by the Board of CCECC.
The main goal of the Strategy on the reform of CCECC is to ensure the efficient functioning of the Center
in line with its primary anti-corruption mandate. The reform aims the following objectives:
1. Ensuring CCECC independence from any undue pressure and influence.
2. Increasing capacity in preventing and combating corruption at all levels.
3. Gaining public support to anti-corruption effort.
The aforementioned objectives are interrelated and support each other: increased capacity of the CCECC
(objective 2) is likely to be reinforced by institutional independence (objective 1) and by increased public
48
support (objective 3). Thus, more independence for the CCECC would actually mean that the CCECC is
free from undue influences and that there are real opportunities for it to go after corrupt actors at any
level, including high levels and political ones. On the other hand, once the citizens see that the CCECC
can go after corrupt high-level officials and/or politicians, they will start trusting it more and the number
of people willing to report corruption to the CCECC, as well as to cooperate with the CCECC in the
investigation will also grow, thus also contributing to raising efficiency of the CCECC in fighting
corruption.
Therefore, the Strategy aims to achieve the following expected results on every objective:
Objective 1 – Independence
- Placing CCECC under the Parliamentary control, following the approval of its structure and staff;
- Procedure of appointment and dismissal of CCECC director/management is changed to free this
position from political pressure, professional criteria introduced in order to select candidates for given
positions;
- Financial incentives for the CCECC employees increased in line with the increased responsibility;
- Job security and career prospects for the CCECC employees increase.
Objective 2 – Increased capacity
- Sufficient budget ensured for the efficient execution of CCECC functions;
- Internal structure of CCECC adopted (organigrame), new job descriptions drafted and adopted
according to the revised role and functions of the CCECC;
- Corruption preventive capacity of CCECC strengthened;
- Analytical capacities within CCECC, including capacity to conduct financial investigation aiming at
tracking down and confiscating illegally obtained assets developed;
- Investigative capacities of the CCECC strengthened;
- Procedural competencies of CCECC and their delimitation from those of other criminal prosecution
bodies clarified and rationalized;
- Criminal and criminal-procedure legislation improved in order to remove all barriers in the
investigation of corruption crimes, in accordance with international standards and recommendations of
international bodies;
- Performance indicators developed for the CCECC based on the complexity and efficiency of criminal
prosecution (final outcome of the case in court).
Objective 3 – Public support
- Public information campaign on the main goals and directions of the CCECC reform initiated and
facilitated;
- Transparency of CCECC further increased and public communication component strengthened;
- CCECC monitoring by the civil society streamlined and further cooperation extended.
The Strategy also includes the CCECC Reform Logframe, CCECC Reform implementation table,
Concept of delimitation of CCECC competencies from those of other authorities, Concept on the new
CCECC structure and the Concept on the new procedure of appointing and dismissing the management of
CCECC.
3.3 strengthening coordination and information exchange between authorities responsible for the fight
against corruption.
Centre for Combating Economic Crimes and Corruption being the main law enforcement body
specialized in counteracting corruption and economic, financial and tax crimes undertook a series of
activities in order to enhance the cooperation at the national and international level.
Complexity of the CCECC’s work requires collaboration with other public institutions and law
enforcement bodies in the area. A smooth and permanent cooperation between the CCECC and the
Ministry of Interior, General Prosecutor’s Office, Customs Service, Border Guard Service, Intelligence
49
and Information Service, State Tax Inspectorate, and other national central and local authorities that have
competencies in the area of prevention and fighting against corruption is being carried out.
In this context, bilateral Agreements of Cooperation with Ministry of Interior, Ministry of Informational
Technology and Communication, Ministry of Education, General Prosecutor Office, Intelligence and
Security Service, Customs Service, National Bank of Moldova, Court of Audit, Academy of Sciences
have been signed.
In order to strengthen coordination and information exchange between the authorities responsible for the
fight against corruption the following concrete measures have been taken:
- joint meetings and consultations between CCECC and Ministry of Interior have been carried out
on combating cyber and information crimes.
- Permanent cooperation between the CCECC and Ministry of Education has been set, joint mobile
groups have been created in order to promptly react to operative information and citizen
complaints (on the CCECC hotline) on corruption cases in the area of primary, secondary and
higher education.
- The methodology of cooperation regarding the illegal interception of computer data transmission
have been discussed during the regular meetings with representatives of National Bank of
Moldova, commercial banks and representatives of the VISA payment system.
- Meetings between CCECC and National Bank of Moldova, commercial banks and their
employees were carried out in order to prevent the manufacture and circulation of counterfeit
money.
- The CCECC and Ministry of Health supervised the unjustified rise in prices on drugs and
pharmaceutical market stabilization of the country and monitor de implementation of the state
control mechanism on prices (given the experience of EU member states). Thus, as the result of
the analysis and measures taken jointly with the Ministry of Health the Regulation on the
procedure for approval of producer’s prices on drugs was approved by Government on 22 June
2010.
- The CCECC, Ministry of Health, Ministry of Economy, Ministry of Finance, including the
Interdepartmental Commission for Control of Pharmaceutical Care Security Assurance and
Combating Illicit Drug Import contributed to the implementation of the new procedure of
declaration and registration of the producer’s price of the drugs. As a result, the prices for over
6000 of medicines being lowered to an average of approx. 20%.
- Joint meetings with the Ministry of Interior, Ministry of Transport and Road Infrastructure, State
Tax Inspectorate were carried out. As a result, joint checks at stations, auto service stations,
national roads and border crossing points were carried out in order to prevent and detect illegal
activities of transporting passengers and luggage.
- Complaints on illegal transportation services on international routes have been regularly
examined by the Customs Service and CCECC.
- A joint working group with participation of CCECC, Service of Information Technologies,
Intelligence and Information Service and General Prosecution was set up in order to identify and
monitor companies involved in pseudo-entrepreneurship activities, including in the Transnistrian
region.
- As a result of cooperation with Ministry of Economy and Ministry of Finance the law on state
control over business activity was drafted and proposals to improve the state policy in the area of
prices / tariffs have been developed.
On 9 August 2010, the Joint Action Plan on cooperation between the General Directorate of Intelligence
and Domestic Protection from the Ministry of Administration and Interior of Romania and the CCECC
and on 21 September 2010, the Action Plan on cooperation between the General Anti-corruption
Directorate within the Ministry of Administration and Interior of Romania and the CCECC has been
signed. Implementation of the Action Plans will facilitate the exchange of information on crossborder
crimes in specific areas of competence, will develop an active dialogue and will implement joint projects
and carry out joint professional training courses.
4. Consolidation of the legal framework for the prevention and Status of Progress:
fighting of money laundering and financing of terrorism in line with Implemented - The
Law
50
international standards set by the Financial Action Task Force on
Money Laundering and Terrorist Financing (FATF); regular
updating of the respective national strategy; establishment of an
independent Financial Intelligence Unit.
amending the Law on
preventing and combating
money
laundering
and
terrorist financing has been
adopted by the Parliament
4.1. Consolidation of the legal framework for the prevention and fighting money laundering and
financing of terrorism
The National Strategy for preventing and combating money laundering and financing of terrorism for the
years 2010-2012 and the Action Plan for its implementation were approved through the Government
Decision no. 790 from 3 September 2010, (See attached Annex 16 and 17).
Consequently, the Law no. 67 on amendment of the Law no. 190 - XVI from 26 July 2007 on preventing
and combating money laundering and terrorist financing has been adopted by the Parliament on 7 April
2011 ( See attached Annex 18).
Description: The amendments aimed at adjusting national legislation to the recommendations of Money
Val Committee of the Council of Europe, Directive 2005/60/EC of the European Parliament and Council
on preventing the use of the financial system for money laundering and terrorist financing and compliance
with the FATF 40+9 Recommendations.
In this regard, the term "politically exposed person" has been rephrased and adjusted to international
standards. Also, to meet the FATF 40+9 Recommendations, concepts of "transaction or suspicious
activity", "family members of politically exposed persons", "close associates of politically exposed
persons", "significant influence" were introduced. In order to cover all sectors, including banking and
non-financial and professional activity, the list of reporting entities has been extended.
Moreover, in order to comply with the FATF 40+9 Recommendations, the Customs Service was given
the legal obligation to provide relevant information related to currency transfers. Also, according to the
FATF Recommendations Glossary, the leasing companies, which in recent years have become a branch
of the country's financial sector and an indispensable element of funding, were introduced as reporting
entities.
Following the recommendations of the MoneyVal in order to include the identity of the Office for
Prevention and Fight against Money Laundering as a unit specialized directly in preventing and
combating money laundering and terrorist financing in Moldova within national legislative framework, a
new chapter entitled "Office for Prevention and Fight against Money Laundering" was included in the
Law nr. 190-XVI from 26 July 07 on the prevention and control of money laundering and terrorist
financing including rules related to the status and direct tasks of the Office and rules governing the
procedure to seizure bank accounts.
In April and September 2011 and General Prosecutor's Office presented the progress indicators for RM
according to FATF recommendations within the MONEYVAL meetings.
4.2. Ensuring independence in the activity of the Service of prevention and fighting money laundering,
a unit within the Center for Combating Economic Crimes and Corruption
The perceived blurring of roles between the Center and Office for Preventing Money Laundering (the
“Office”, i.e. the FIU) in the existing AML law has been addressed by the Law no. 67 from 07 April
2011, on amending the AML\CFT Law from 26 July 2007, the law establishing the Office as a
specialized independent division within the Center, specifically charged with an FIU’s responsibilities
(receiving, analysing, processing and transmitting information on suspicious transaction reports etc).
Description: The amended law specifies that the Suspect Transaction Reports and Cash Transaction
Reports go to the Office and not the Center. Moreover, the role and responsibilities of the Office is placed
in a new and separate chapter of the AML law. Postponement of transactions by the FIU is also included
51
in this chapter, thus implying that postponement is an FIU preventative function for the purpose of
analysis of the STR (though this could have been set out more explicitly). As such, it is distinguished
from powers associated with the investigative side of the Center’s work (to which the Criminal Procedure
Code would apply). Without commenting on their implications for these proposed changes are significant.
Order no. 114 of 22.08.2011 for amending and fulfilling the Order no. 117 of 20.11.2007 on the reporting
of activities or transactions falling under the incidence of the Law on the prevention and combating of
money laundering and financing of terrorism and Order no. 118 of 20.11.2007 on the approval of
Guidance of suspicious activities or transactions provided by the Law on the prevention and combating of
money laundering and financing of terrorism.
Under the provisions of this Order nr. 117 of 20 November 2007 were established the rules and the
reporting forms of 18 types of reporting entities.
The Order nr. 118 of 20 November 2007 approved the Guideline of suspicious transaction reports for
reporting entities mention in art.4 of Law 190-XVI from 26.06.2007. It helps to identify suspicious
activities and transactions which were provided by the reporting entities.
Order no. 178 of 19 November 2010 on approval of the Guide(lines) on the identification of politically
exposed persons.
Order no. 40 of 18 March 2011 on the approval of Guidance for the identification of transactions
suspected of financing of terrorism.
Order no. 107 of 05 August 2011 on the approval model type of decisions of seizing the suspicious
transactions report according the provisions of Law 190-XVI from 26.06.2007 on prevention and
combating money laundering and financing of terrorism.
Following the recommendations of the MoneyVal on establishing in the legislative framework the
identity of the Office for Prevention and Fight against Money Laundering as a unit specialized directly in
preventing and combating money laundering and terrorist financing in Moldova, was created a new
chapter entitled "Office for Prevention and Fight against Money Laundering". It contains rules related to
the status and direct tasks of the Office and rules governing the procedure to seizure bank accounts
5. Adoption of a National Anti-drug Strategy and its related action Status of Progress:
Implemented - National Antiplan; establishing cooperation with EMCDDA.
drug Strategy and its related
Action Plan adopted in 2010
and entered into force in
2011
5.1. Consolidation of the anti-drug capacities of law enforcement authorities
The Interdepartmental Commission on combating drug addiction and narco-business is a coordinating
body for monitoring the implementation and coordinating the activities of specialized bodies regarding
prevention and fight against illicit drug trafficking.
The Antidrug Department is a specialized unit of the Ministry of Interior responsible for prevention and
combating illicit drug trafficking. At the same time, at the local level, in every district police
commissariat specialized antidrug groups were created.
A Narcological Dispensary operates within the Ministry of Health in order to combat the phenomenon
from the medical point of view.
The Government of the Republic of Moldova, targeting continuous implementation of UN Conventions
from 1961, 1971 and 1988 on trafficking in narcotic drugs and psychotropic substances and precursors,
developed and approved the following acts:
52
a) Government Decision on transit through the Republic of Moldova of narcotic drugs, psychotropic
substances and precursors;
b) Government Decision on approval of the Technical requirements regarding the places and objects
where narcotic drugs, psychotropic substances and/or precursors are kept;
c) Government Decision on approval of the list of narcotic drugs, psychotropic substances and the plants
that contains such substances found out in illicit trafficking.
d) Decision on the implementation of Automatic information system “State database on classification of
drugs”;
e) Decision on approval of the Regulations regarding activities of cultivation of plants containing
narcotic drugs or psychotropic substances;
New criteria of antidrug activity appreciation, based on the new criteria of results evaluation were
introduced with the following indicators: the quantity and type of seized drugs, number of prosecuted
drug smugglers, number of detected and destroyed clandestine laboratories, detection of raw material
producers and quantity of plants containing narcotic drugs being destroyed, money and goods seized from
drug smugglers.
The National Anti-drug Strategy for 2011 -2018 and the Action Plan on its implementation for 2011 –
2013 were approved by the Government on 27 December 2010 and entered into force on 7 January 2011
(See attached Annex 19 and 20).
The National Anti-drug Committee (See attached Annex 21) in line with the National Anti-drug Strategy
and the Action Plan on its implementation approved by the Government on 27 of December 2010 was
adopted on 22 June 2011.The set of legal acts for the amendment of the Law no. 382 from 6 of May 1999
against illicit traffic in narcotic drugs, psychotropic substances and precursors was adopted by the
Government on 22 June 2011
Description: The National Anti-drug Committee is the permanent body at the level of the Government. It
includes members at the Minister’s or Director’s level and is led by Deputy Prime-Minister. The
Committee functions on basis of Regulations on its activity (included in the draft Government Decision
on the creation of the National Anti-drug Committee). The objectives of the Committee are to supervise,
develop and coordinate policies in the area of prevention and fighting against illicit traffic in narcotic
drugs, psychotropic substances and precursors.
The draft Government Decision refers to the structure of the Committee, its tasks and the internal
procedures of the activity. The main tasks of the Committee consists in ensuring an efficient
implementation of the international treaties in the area, improvement of the anti-drug legislation,
cooperation with national authorities on development, promotion and implementation of anti-drug
programs, assessment of the information on demand and offer on drugs, updating the data on production,
consumption and trafficking of drugs, money laundering as a result of illicit incomes from drugs trade.
The permanent Office of the National Committee’s Secretariat was created by the Government Decision
no. 481 from 04 July 2011 was created the Secretariat of the National Antidrug Committee. The National
Committee’s Secretariat started to gather and analyze all the information and data provided by the
national authorities regarding the anti-drug policies, as well as the consolidation of the National Anti-drug
Observatory (based on the best practices of Czech Republic).
5.2. Improvement of the anti-drug partnership
The Ministry of Healthcare and the Ministry of Interior are assessing the possible area of cooperation
between the Republic of Moldova and EMCDDA.
In the same context, a group of officers from the Anti-drug Unit of the Ministry of Interior participated in
a study visit organized by EMCDDA within the Eastern Partnership initiative, in September 2011, in
Brussels, Belgium.
53
The MoI expressed the willingness to strengthen cooperation with EMCDDA by signing a Memorandum
of Cooperation (Letter of MoI to EMCDDA no. 18/1679 from 28 October 2011) The draft of the
Memorandum of Cooperation with EMCDDA was drafted by MoI. According to the EMCDDA (Letter of
EMCDDA no. RTX/CMA/rdn(11)D70377 from 10 November 2011) the mandate for negotiations of a
MoU with a non-EU country is granted by the EMCDDA Management Board. Within next meeting of the
EMCDDA Management Board meeting, planned for 1 – 2 December 2011 will be taken the decision to
initiate negotiations with the Republic of Moldova on MoU.
6. Adoption of relevant UN and Council of Europe Conventions in the Status of Progress:
Implemented
areas listed above and on fight against terrorism
Council of Europe
1. Council of Europe Convention on Action against Trafficking in Human Beings, adopted on
16.05.2005, entered into force for the Republic of Moldova on 01.02.2008;
2. CoE Criminal Law Convention on Corruption, adopted on 27.01.1999, entered into force for
the Republic of Moldova on 01.05.2004;
3. CoE Civil Law Convention on Corruption, adopted in Strasbourg on 04.11.1999, entered into
force for the Republic of Moldova on 01.07.2004,
4. Agreement establishing the group of states against corruption – GRECO, adopted on
01.05.1999, entered into force for the republic of Moldova on 27.06.2001;
5. Additional Protocol to the Criminal Law Convention on Corruption, adopted on 15.05.2003,
entered into force for the Republic of Moldova on 01.12.2007;
6. European Convention on Mutual Assistance in Criminal Matters, adopted on 20.04.1959,
entered into force for the republic of Moldova on 05.05.1998;
7. CoE Convention on the transfer of sentenced persons, adopted in Strasbourg, on 21 03.1983,
entered into force for the Republic of Moldova on 01.09.2004;
8. Additional Protocol to the European Convention on mutual assistance in Criminal Matters,
adopted in Strasbourg on 17.03.1978, entered into force for the Republic of Moldova on
25.09.2001;
9. Second Additional Protocol to the European Convention on Mutual Assistance in Criminal
Matters (Strasbourg, 08.11.2001), not signed by the Republic of Moldova;
10. Additional Protocol to the European Convention on the transfer of sentenced persons,
adopted in Strasbourg on 18.12.1997, entered into force for the Republic of Moldova on
01.09.2004;
11. European Convention on the international validity of criminal judgments, adopted on
28.05.1970, entered into force for the Republic of Moldova on 21.09.2006;
12. European Convention on the transfer of proceedings in criminal matters, adopted in
Strasbourg on 15.05.1972, entered into force for the Republic of Moldova on 24.04.2007;
13. Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime,
adopted in Strasbourg on 08.11.1990, entered into force for the republic of Moldova on
01.09.2002.
14. European Convention on Extradition (Paris, 13.12.1957), signed by the Republic of Moldova
on 02.05.1996, entered into force for the Republic of Moldova on 31.12.1997;
15. Additional Protocol to the European Convention on Extradition (Strasbourg, 15.10.1975),
signed by the Republic of Moldova on 26.06.1998, entered into force for the Republic of
Moldova on 25.09.2001;
16. Second Additional Protocol to the European Convention on Extradition (Strasbourg,
17.03.1978), signed by the Republic of Moldova on 26.06.1998, entered into force for the
Republic of Moldova on 25.09.2001;
Conventions on fight against terrorism
17. Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the
Proceeds from Crime and on the Financing of Terrorism, 16.05.2005, entered into force for
the Republic of Moldova on 01.05.2008;
18. Council of Europe Convention on the Prevention of Terrorism, adopted on 16.05.2005,
entered into force for the Republic of Moldova on 01.09.2008;
54
19. Amendment to the Council of Europe Convention on the Prevention of Terrorism, adopted
on 11.09.2008, entered into force for the Republic of Moldova on 12.09.2009;
20. Convention on Cybercrime, adopted on 23.11.2001, entered into force for the Republic of
Moldova on 01.09.2009;
21. Additional Protocol to the Convention on Cybercrime, concerning the criminalization of acts
of a racist and xenophobic nature committed through computer systems, adopted on
28.01.2003, signed by the Republic of Moldova on 25.04.2003
22. European Convention on the suppression of terrorism, adopted on 27.11.1977, entered into
force for the Republic of Moldova on 24.12.1999;
UN
1.
2.
3.
4.
5.
6.
7.
8.
United Nations Convention against transnational organized crime, adopted in New York on 15
November 2000, entered into force for the Republic of Moldova on 19.09.2005;
Protocol to prevent, suppress and punish trafficking in persons, especially women and children,
supplementing the United Nations Convention against transnational organized crime, adopted in
New York on 15 November 2000, entered into force for the Republic of Moldova on 19.09.2005;
Protocol against smuggling of migrants by land, sea and air, supplementing the United Nations
Convention against transnational organized crime, adopted in New York on 15 November 2000,
entered into force for the Republic of Moldova on 19.09.2005;
Protocol against the illicit manufacturing of and trafficking in Firearms, Their Parts and
Components and Ammunitions supplementing the United Nations Convention against
transnational organized crime, adopted on 31.05.2001, entered into force for the Republic of
Moldova on 30.03.2006,
United Nations Convention against Corruption, adopted on 31.10.2003, entered into force for the
Republic of Moldova on 01.10.2007;
30 March 1961 UN Single Convention on Narcotic Drugs as amended by the 1972 Protocol,
entered into force for the Republic of Moldova on 17.03.1995
21 February 1971 UN Convention on Psychotropic Substances, entered into force for the
Republic of Moldova on 16.05.1995
20 December 1988 UN Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic
Substances, entered into force for the Republic of Moldova on 16.05.1995
Conventions on fight against terrorism
9.
Convention on Offences and Certain Other Acts Committed on Board Aircraft, Tokyo,
14.09.1963, entered into force for the Republic of Moldova on 18.09.1997
10. Convention for the Suppression of Unlawful Seizure of Aircraft, The Hague, 16.12.1970, entered
into force for the Republic of Moldova on 20.06.1997
11. Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, Montreal,
23.09.1971, entered into force for the Republic of Moldova on 20.06.1997
12. Convention on the Prevention and Punishment of Crimes against Internationally Protected
Persons, including Diplomatic Agents, New York, 14.12.1973, entered into force for the Republic
of Moldova on 08.10.1997
13. International Convention against the Taking of Hostages, New York, 17.12.1979, entered into
force for the Republic of Moldova on 09.11.2002
14. Convention on the Physical Protection of Nuclear Material, Vienna, 26.10.1979, entered into
force for the Republic of Moldova on 06.06.1998
15. Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil
Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the
Safety of Civil Aviation, Montreal, 24.02.1988, entered into force for the Republic of Moldova
on 20.07.1997
16. Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation,
Rome, 10.03.1988, entered into force for the Republic of Moldova on 09.01.2006
17. Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on
the Continental Shelf, Rome, 10.03.1988; entered into force for the Republic of Moldova on
09.01.2006
18. Convention on the Marking of Plastic Explosives for the Purpose of Detection, Montreal,
01.03.1991, entered into force for the Republic of Moldova on 21.06.1998
55
19.
20.
21.
22.
International Convention for the Suppression of Terrorist Bombings, New York, 15.12.1997,
entered into force for the Republic of Moldova on 09.11.2002
International Convention for the Suppression of the Financing of Terrorism, New York,
09.12.1999, entered into force for the Republic of Moldova on 09.11.2002
International Convention for the Suppression of Acts of Nuclear Terrorism, New York,
13.04.2005, entered into force for the Republic of Moldova on 18.05.2008
Amendment to the Convention on the Physical Protection of Nuclear Material, Vienna,
8.07.2005, ratified by the Republic of Moldova (ratification instrument of 28.11.2008)
The Republic of Moldova is part of 14 United Nations conventions on fight against terrorism. In 2011, the
Moldovan authorities considering the accession and following ratification of the last two, and namely the
Protocol to the Convention on the suppression on the unlawful acts against the safety of maritime
navigation from 2005 and the Protocol on the suppression on the unlawful acts against the safety of fixed
platforms located on the continental shelf from 2005.
Moreover, the Republic of Moldova actively supports the Council of Europe initiatives on fight against
terrorism and namely the European Convention on suppression of terrorism from 1977, Council of
Europe Convention on prevention of terrorism and Council of Europe Convention on laundering, search,
seizure and confiscation of the proceeds from crime and the financing terrorism from 2005, as well as
relevant conventions on extradition and judicial assistance in criminal matters.
2nd phase (benchmarks for effective implementation):
7. Implementation of the Strategy and Action Plan on preventing and Status of Progress:
stage
fighting organised crime including effective coordination between the Advanced
relevant authorities, as well as conducting effective investigation, implementation
prosecution and confiscations of proceeds of crime
of
7.1. Implementation of the Law and Strategy for prevention and combating organized crime.
The Ministry of Interior jointly with other relevant authorities started implementation of the National
Strategy on prevention and combating organized crime (approved by the Government on 22 June 2011)
and the Action Plan of its implementation (approved by the Government on 11 November 2011).
The implementation of the Law on prevention and combating organized crime will be carried out after
the entry into force of the Law after the final adoption in the Parliament
7.2. Harmonization of the existing regulatory framework to the provisions of the Law and Strategy
for prevention and combating organized crime
The action will be carried out after the adoption of the Law and Strategy for prevention and combating
organized crime.
8. Implementation of legislation on preventing trafficking in human Status of Progress:
stage
beings and the respective National Plan, including effective Advanced
coordination between state agencies and effective protection of victims implementation
of trafficking, in particular children
of
8.1. Ensuring an effective mechanism to prevent trafficking and to establish an active dialogue with
civil society
Centre for Combating of Trafficking in Human Beings was established in 2006 with the support of the US
Government, restructured in 2010 (Order of the MoI no. 93 from 24 March 2010) is the MoI Unit
responsible for the implementation of the state policy in the field of fighting against trafficking in human
beings. The Centre is a well equipped modern institution. Its team includes representatives from the
Border Guard Service, Centre for Combating Economic Crimes and Corruption, General Prosecutor’s
Office, Customs Service, Intelligence and Security Service.
56
The National Committee for fighting trafficking in human beings ensures the coordination of the
activities regarding the prevention and fighting against trafficking in human beings, cooperation of public
administration authorities with international organizations, non-governmental organizations, other
institutions and civil society representatives.
According to the US Department of State Report on Trafficking in Persons for 2011 (See Annex 22), the
Republic of Moldova made significant progress in order to comply with the minimum standards for the
elimination of trafficking. The government has made progress over the past year in addressing the
protection of victims and the prevention of trafficking. Specifically, NGO representatives reported that
the government’s ability to identify and provide care for victims improved; it increased the participation
of NGOs in the investigative process, including special provisions for child trafficking victims.In order to
promote the cooperation and information campaigns with the civil society in the area of preventing
trafficking in human beings the Ministry of Interior carried out 18 thematic seminars on consequences
and risks of human trafficking and illegal migration within the Tiraspol State University, University of
Medicine and Pharmaceutics from Moldova, Comrat State University, high schools and general schools,
13 working meeting with Regional Offices of The Center for Fighting against Traficking in human
beings and local public authorities, as well as a seminar for the representatives of law enforcement
agencies on illegal migration issues organized in cooperation with the Center for prevention of trafficking
in women. There were published 18 materials in various governmental websites, newspapers and
magazines. In 2011 the employees of the MoI have already participated in 17 TV programs and radio
programs.
The National Referral System Strategy for protection and assistance to victims and potential victims of
human trafficking, approved by Parliament Decision No. 257-XVI from 5 December 2008 was
recognized by the U.S. State Department as a model for other countries in the region.
As regards the improvement and implementation of the monitoring mechanism of the National Referral
System (NRS) the Ministry of Labour, Social Protection and Family carried out the training seminar
„Methodology for monitoring and evaluation of the NRS. Results and Perspectives”. The working tools to
improve the capacities of professionals focused on providing information needed to prepare the II
Monitoring Report have been presented within the seminar. The II Monitoring Report was submitted to
the National Committee for Fighting Trafficking in Human Beings.
The report generalized and systematized the results of a series of actions to monitor the implementation of
the National Referral System Strategy for assistance and protection of victims and potential victims of
human trafficking. The report assessed the degree of implementation of the provisions of the mentioned
Strategy, highlights the key issues and develops the necessary recommendations.
The Regulation on the identification of victims and potential victims of human trafficking was drafted and
submitted for approval to the National Committee for combating trafficking in human beings. The
Regulation is expected to be approves by the end of 2011. The Regulation has an interdepartmental nature
and represents an operational tool for the organizations – participants at the NRS. The approval and
implementation of the Regulation will help to streamline and standardize the working procedures, to
achieve the objectives and will create the legal framework required for implementation of the NRS.
NRS is an operational working tool for the central governmental administrative authorities, local public
administrative authorities, civil society, intergovernmental organizations and other service providers.
NRS is a framework for cooperation between public authorizes and civil society for preventing and
combating trafficking in human beings.
Another mechanism used for the coordination of activities in the area is the Technical Coordination
Meetings (TCM) in the sphere of anti-trafficking and gender hosted by the OSCE in Moldova, aimed at
further coordination among anti-trafficking actors and encouraging an ongoing exchange of information.
Thus, since the beginning of the year 2011, the Moldovan authorities have participated in 10 TCMs at the
central level and regional level.
57
The General Prosecutor Office is implementing the project on “The implementation of the requirements
for establishing Joint Investigation Teams to fight trafficking in human beings in South - Eastern Europe”.
In this context, prosecutor as liaison officer was appointed for direct cooperation directly with similar
authorities and specialised units with competences in combating human trafficking and crossborder crime.
9.
Implementation of legislation on preventing and fighting Status of Progress:
stage
corruption, ensuring the efficient functioning of the independent anti- Advanced
implementation
corruption agency; development of ethical codes and training on anticorruption, especially targeting public officials involved in law
enforcement and the judiciary
of
9.1. Ensuring implementation of the legislation on preventing and fighting corruption
In order to implement the Law no. 16-XVI from 15 February 2008 on conflict of interest, the Law on the
Main Ethics Committee structure and its functioning and Law on the amendment of the Law no 25-XVI
on the Code of Conduct of the Civil servant from 22 February 2008 were drafted by the Ministry of
Justice. The Law on the Main Ethics Committee structure and its functioning has been approved by the
Government on 30 March 2011 and was adopted in the final reading by the Parliament on 29 July 2011
(See attached Annex 23). The draft Law on the amendment of the Law no 25-XVI on the Code of
Conduct of the Civil servant from 22 February 2008 was drafted in consultations with civil society
representatives and has been approved by the Government on 11 November 2011. (See attached Annex
24).
Description: The Law on the Main Ethics Committee establishes the status of the Commission, identifies
the duties of the Commission, establishes its structure and organization and determines the procedure for
examining and resolving conflicts of interest, as well as examination the declarations of income, property
and personal interests.
The Main Ethics Committee is an autonomous public authority with legal personality, independent of
other public authorities, individuals and legal entities, exercising its powers according to the Law no. 16XVI from 15 February 2008 on conflict of interest and Law no. 1264-XV from 19 July 2002 on the
declaration of income and property control of state officials, judges, prosecutors, public officials and
persons who hold leadership positions.
9.2. Improving the activity of the Center for Combating Economic Crimes and Corruption aimed at
ensuring its institutional independence
According to the Government Decision no.19-d from 9 February 2011, the Working Group on the
reorganization of the Center for Combating Economic Crimes and Corruption has been established. The
Working Group was set up by representatives of the Ministry of Justice, Ministry of Finance, Ministry of
Economy, the Superior Council of Magistrates, the Anti-corruption Prosecutor’s Office, the CCECC in
order to:
- Identify the possibilities of transfer of CCECC competences not related to corruption fighting to
other specialized state structures in the context of their institutional reform.
- Develop a new concept of activity and institutional framework of CCECC, keeping in its
competence of the tasks of fighting corruption.
The first ideas of the CCECC reform were presented within the consultative meeting with civil society
(Transparency International, Centre for Analysis and Prevention of Corruption, Access Info, Civil Council,
etc.) on 19 May 2011.
Based on the civil society recommendations CCECC reform strategy was drafted by CCECC with the
support of the European Union High Level Policy Advice Mission for Moldova. The draft CCECC
reform strategy amends the legal framework, re-define the CCECC powers, structure and guarantees to
ensure independence, as well society control over the Center activity.
58
The draft CCECC reform strategy was presented for public debates with civil society representatives on
19 September 2011 and with senior officials of central and local public administration, representatives of
diplomatic corps accredited in Moldova, academic centers and civil society on 26 September 2011. In
order to ensure an effective public debate, CCECC organized four round tables and additional series of
public consultations for every objective of the policy document.
In this context, the draft CCECC Reform Strategy with all the recommendations formed in the result of the
public consultations was finalized and sent on 3 November for inter and intra agency consultations and is
expected to be approved by the Government by the end of 2011.
9.2.1
Anti-corruption trainings
As concerns the organization of the anti-corruption trainings for the civil servants and judiciary system
employees, in line with the National Anticorruption Strategy objectives, the CCECC carried out a series
of activities designed to support the anticorruption policies and namely:
- In order to prevent and anticorruption education of population, the CCECC employees conducted 59
anticorruption trainings with an audience of 2179 people.
- On 31 January 2011, the CCECC and the Anti-corruption Alliance organized a Round table with the
topic "The interception of communications through the person's right to privacy, procedural and
practical aspects of the European Court for Human Rights".
- To identify problems encountered in the functioning of anti-corruption hotlines within public
authorities and streamlining the mechanism for reporting corruption cases, the CCECC in collaboration
with the Anti-Corruption Alliance organized on 4 February 2011 a Round table on "Hot lines
functioning - a way of encouraging citizens to signal corruption".
- The CCECC in cooperation with the European Union Border Assistance Mission to Moldova and
Ukraine (EUBAM) and the Border Service of Ukraine, in the period 20-27 February 2011 organized an
Anti-corruption Winter School "Youth against Corruption", in Odessa, Ukraine. Students from Ukraine
and Moldova took part in the lectures.
- The CCECC with Anticorruption Alliance held on 14 March 2011 a Round table on "Combating
Corruption: between election rhetoric and government policies", where anti-corruption promises made
by political parties correlated with the actions included in Government programs and plans were
examined, including establishing their compliance to the recommendations of European and
international structures addressed to the Republic of Moldova in order to reduce corruption (GRECO;
EU, etc.).
9.2.2
Corruption risks assessment
According to the Methodology for assessing the risks of corruption in public institutions (Government
Decision no. 906 from 28 July 2008) the Center for Combating Economic Crimes and Corruption
assesses their own risks of corruption while giving advisory support, including specialized training for
line institutions of central public administration. Therefore, by the Government Decision no. 97 of 16
February 2010 on the amendment of the paragraph 2 of Government Decision no. 906 of 28 July 2008,
the period of self-assessment of corruption risks procedure was extended to 2 years (2008-2011).
Following the changes occurred, 22 authorities have changed the participation of Working Groups,
developing new provisions in this regard. In this regard, on 1-2 February 2011, 31 March – 1 April 2011
the CCECC trainers carried out four training sessions on "Assessing the risks of corruption" and
“Description of the working process”, which were attended by 105 civil servants.
On 26 – 27 May 2011 TAIEX seminar “Methods and procedures of corruption risk assessment” was
organised. The workshop was attended by 25 persons from 18 central public authorities.
10. Implementation of the legislation and Strategy for the prevention Status of Progress:
stage
of money-laundering and financing of terrorism, implementation of Advanced
relevant legislation on confiscation of assets of criminals (including implementation
the provisions addressing cross-border aspects)
of
59
10.1. Implementation of the legislation on the prevention of money-laundering and financing of
terrorism
According to the Government Decision no. 790 from 3 September 2010, the National Strategy for
preventing and combating money laundering and financing of terrorism for the years 2010-2012 and the
Action Plan for its implementation were approved (See attached Annex 16 and 17). The report on
Strategy’s implementation in 2010 was submitted to the Government in January 2011 including the
following important actions:
- The CCECC installed specialized software: Visual Links, Microstrategy, Go Case, I2.
- The first phase of training the analytical staff was carried out (that will follow during 2011).
- 11 meetings with the representatives of commercial banks, insurance companies, professional
participants on securities market and auditors were held in order to raise awareness of the
reporting entities on the correct application of legal norms in the field.
- All the banks and insurance companies from the Republic of Moldova have been checked for
compliance with the money laundering and terrorist financing legislation. As a result, 9
notices were sent to the National Bank and National Commission of Financial Market as
supervisory bodies regarding accounting violations and enforcement of the Law no. 190-XVI
from 26 July 2007, the National Bank Regulations on ceasing operations in the account by
currency exchanges and Law no. 407-XVI from 21 December 2006 on insurances.
- From 11 to 13 October 2010, in Chisinau, the working meeting of the Committee EGMONT
took place, being signed seven Memoranda of Understanding with similar financial services
from the Republic of South Africa, Monaco, Israel, Bahamas Community, the French
Republic, Montenegro and Serbia.
- The CCECC Director's order no. 40 from 18 March 2011 approved the Guidelines for
identifying suspicious transactions for financing of terrorism. The Guidelines were drafted in
the context of implementing the National Strategy to prevent and combat money laundering
and financing of terrorism for 2010-2012, aimed at reducing the risk of using entities in
disguise (legal entities and individuals acting on behalf of other interested entities willing to
be anonymous in order to carry out fraudulent schemes) and transfer funds to finance
terrorism.
According p.2, art. 10 of Law 190-XVI from 26 June 2007 the following mandatory orders are
implemented:
- Order no. 117 of 20.11.2007 on the reporting of activities or transactions falling under the
incidence of the Law on the prevention and combating of money laundering and financing of
terrorism (with last commandments);
Under the provisions of this Order were established the rules and the reporting forms of 18 types of
reporting entities.
- Order no. 118 of 20.11.2007 on the approval of Guidance of suspicious activities or transactions
provided by the Law on the prevention and combating of money laundering and financing of
terrorism (with last commandments);
The Normative act approved the Guideline of suspicious transaction reports for reporting entities mention
in art.4 of Law 190-XVI from 26.06.2007. It helps to identify suspicious activities and transactions which
were provided by the reporting entities. During 2011 - 326011 suspicious activities and transactions were
registered.
- Order no. 107 of 05.08.2011 on the approval model type of decisions of seizing the suspicious
transactions report according the provisions of Law 190-XVI from 26.06.2007 on prevention and
combating money laundering and financing of terrorism.
This normative act was approved due to publication of the Law no. 67 of 07.04.2011 for amending and
fulfilling Law nr. 190-XVI from 26 July 2007 on prevention and fight against money laundering and
financing of terrorism, which has emphasized new reporting entities and cash transaction reports.
And the following non mandatory orders are implemented:
- Order no. 178 of 19.11.2010 on approval of the Guide(lines) on the identification of politically
exposed persons;
- Order no. 40 of 18.03.2011 on the approval of Guidance for the identification of transactions
suspected of financing of terrorism.
60
10.2. Implementation of the relevant legislation on confiscation of assets of criminals.
Taking into consideration that the CCECC is a member with observer statute of the Camden Asset
Recovery Inter-agency Network (CARIN), as well as EU Member States’ best practices, the CCECC
launched the consultation process with the Government of the Republic of Moldova on the creation of a
special unit (Unit for recovery of illegal assets) that would collect and examine all the requests of the law
enforcement agencies on the identification, prosecution and confiscation of assets of criminals.
11. Implementation of the National Anti-drug strategy and its related Status of Progress:
stage
action plan, making the information on drug seizures and persons Advanced
involved accessible at border crossing points; further developing implementation
cooperation and information exchange with relevant international
bodies in the drug field
11.1.
of
Implementation of the National Anti-drug Strategy for 2011 – 2018
The National Anti-drug Committee was approved and the permanent Office of the Secretariat ensures a
better coordination, monitoring and implementation of the National Anti-drug strategy and its related
Action plan.
In the meantime, the draft Law on the amendment of the Law no. 382-XIV from 6 of May 1999 on
trafficking of drugs, psychotropic substances and precursors has been approved by the Government on 22
June 2011 and was adopted by the Parliament on 25 July 2011, published in the Official Gazette no. 135
– 145 o 26 August 2011.
The procedures of accession of the Republic of Moldova to Pompidou Group of the Council of Europe
have been initiated. The legislative package for accession to the Pompidou Group was drafted and send
to the Government for approval. Expected to be approved by the Government on 16 November 2011 and
to be approved by the Parliament by 10 December 2011. At the 69th Meeting of Permanent
Corespondence Working Group of the Pompidou Group from 13 December 2011, in Ljubljana the
Republic of Moldova will report on the latest developments in the process of accession of the Pompidou
Group.
In 2011, as a result of the activity of the Anti-drug Unit of the Ministry of Interior, 1243 operative
actions on drug trafficking have been undertaken and 728 criminal cases were initiated. Comparing with
previous years it was registered a decrease in numbers of recorded drug crimes (2008-2103, 2009-1865,
2010 - 1983, 2011-9 months -1243).
11.2. Consolidation of the inter-institutional mechanism of cooperation in the field of anti-drug
At the moment, the Ministry of Interior carried out an assessment of needs and eventual financial costs
for the creation of a Database on seized drugs and involved persons, which will allow sharing of this
information with line authorities, especially the Border Guards Service and Customs Service.
12.
Implementation of relevant UN and Council of Europe Status of Progress:
stage
Conventions, as well as GRECO recommendations in the above Advanced
implementation
mentioned areas
of
12.1. Ratification of the Council of Europe Convention (Lanzarote Convention) regarding the child
protection against sexual exploitation and abuse, signed on 25 of October 2007
The Law on Ratification of the Council of Europe Convention (Lanzarote Convention) regarding the
child protection against sexual exploitation and abuse, signed on 25 October 2007 was approved by the
Government on 26 August 2011 (Government Decision no 642). The Law on Ratification is expected to
be promulgated by the President a.i. of the Republic of Moldova when the Law on the amendment of
61
some legislative acts according to the Council of Europe Convention (Lanzarote Convention) on the child
protection against sexual exploitation and abuse will be approved by the Government. The Law on the
amendment of some legislative acts was drafted and sent to the inter and intra agency consultations.
Description: 2 Council of Europe experts realized the feasibility study of the national legislation in line
with the Convention provisions. Following the experts recommendations the draft Law on modification
and amending of some legislative acts was drafted. One amendment refers to the criminalization of the act
«Accosting in sexual aim».
The national anti-trafficking legislation in order to grant a residence permit to victims of human
trafficking was amended aaccording to the Directive 2004/81/CE of the Council of Europe from 29 April
2004 on the residence permit issued to third-country nationals who are victims of trafficking in human
beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the
competent authorities.
12.2 Implementation of the GRECO recommendations
The Republic of Moldova will submit the Report of implementation of GRECO Recommendations
(Recommendations 8 and 9 of GRECO third evaluation round on incrimination and political parties) by
31 October 2012.
In this context, the Action Plan on the implementation of the National Anti-corruption Strategy for 2012 –
2013 was drafted. The Action Plan includes a series of legislative and institutional measures on
infringements of the rules on party funding and financing of election campaigns aimed to fulfill the
above-mentioned GRECO recommendations.
Moreover, in November 2011 the CCECC started a series of events of public consultations with
international experts and civil society representatives on amending the national legal framework on
financing political parties and election campaigns in line with requested standards.
Judicial cooperation in criminal matters
1st phase (legislative and policy framework):
13. Adoption of a legal framework on mutual legal assistance
Status of Progress:
Advanced
stage
implementation
of
13.1. Amendment of the legal framework in the area of judicial cooperation in criminal matters
On the basis of the Government Decision no. 1219-94 from 9 February 2011, an inter-institutional
Working Group on the amendment of the criminal procedural legislation (Criminal Procedural Code) in
the area of operative investigation and prosecution to the international instruments of combating crossborder criminality was established. The Working Group is chaired by the Ministry of Justice and includes
representatives of Ministry of Interior, General Prosecutor’s Office, Center for Combating Economic
Crimes and Corruption, Border Guards Service, Customs Service and Intelligence and Information
Service.
The Concept on the reform of the system of prosecution and criminal procedure was drafted by the
Working Group. The Concept was submitted for inter and inter agency consultations on 5 of April 2011
and following all the comments and proposals the Ministry of Justice developed the draft Law on the
amendment of some legislative acts (the Law no. 45-XII from 12 of April 1994 on operative
investigations, the Criminal Procedural Code) in order to adjust it to the new provisions on combating
cross-border crime and international joint investigation teams, review of national legislation on
interception of telephone conversations and review of relevant legislation in the framework of Police
Cooperation Convention for South East Europe. The draft Law on special investigating activity has been
62
approved by the Government decision nr. 785 from 25 October 2011 and submitted to the Parliament on
27 October 2011 for approval. (See attached Annex 25).
The Law on the amendment of some legislative acts (the Criminal Procedural Code) was approved by the
Government on 11 November 2011 and submitted to the Parliament for approval. (See attached Annex
26).
Description: The main objectives of the Law are:
- To establish investigation measures according to the national recommendations and to
develop requirements in this field;
- To define the investigation measures;
- To clear establish the categories of persons towards whom investigation measures can be
applied;
- To clear define the grounds, causes and facts that impose necessity of applying these
measures;
- To reduce the number of circumstances that may impose the necessity of application of
investigative measure;
- To exclude the difference between operative measures of investigations and actions of
criminal prosecution;
- To establish clear conditions and to offer guarantees of confidentiality of personal data
obtained in the result of the use of measures of investigations,
- To define and to differentiate the guarantees of substance (grounds, causes) and guarantees of
procedure (motivation of application, authorization, terms of application);
- To monitor the legacy of application of these measures at general and special level;
- To establish of control measures;
- To adjust the normative framework of keeping confidential data obtained as a result of the
application of operative measures of investigations and actions of pursuit,
- To make a more clear distinction between attributions, role and functions of every subject
participating in realization, disposal and authorization of investigative measures.
14. Accession to the 2nd Protocol to the European Convention on Status of Progress:
pending full implementation
mutual legal assistance
14.1. Ratification of the 2nd Protocol of the European Convention of assistance in criminal matters
The Ministry of Justice created a Working Group on the reform of the criminal procedural legislation in
the context of the reform of the justice sector, including the amendment of the legal framework in the area
of judicial cooperation in criminal matters and its adjustment to the international instruments on
combating cross-border organized crime.
In this context, the Law on the amendment of the Criminal Procedural Code on international joint
investigation teams has been drafted and was approved by the Government on 11 November 2011. The
draft Law was submitted to the Parliament for approval by the end of 2011. (See attached Annex 26).
The 2nd Protocol of the European Convention of mutual legal assistance in criminal matters will be
possible to ratify only after the amendment of the criminal procedural law provisions on international
joint investigation teams.
15. Cooperation with EUROJUST
Status of Progress:
Continuous implementation
15.1. Establishment of a legal framework of cooperation and strengthening of the cooperation with
EUROJUST.
63
The relevant Moldovan authorities (Ministry of Justice, National Center for Personal Data Protection)
continued informal consultations with EUROJUST regarding national legislation on personal data
protection. The suggestions of EUROJUST’s experts were submitted to Moldovan counterparts in
October 2010, thus being taken into consideration for the new Law on personal data protection which was
already adopted by the Parliament on 8 July 2011, promulgated on 6 October 2011 which shall enter into
force on 14 April 2012 (Official Gazette No 170-175/492, 14 October 2011).
2nd phase (benchmarks for effective implementation):
16. Implementation of international conventions concerning judicial Status of Progress:
stage
cooperation in criminal matters (in particular Council of Europe Advanced
implementation
Conventions).
of
16.1. Practical implementation of the provisions of international treaties concerning judicial
cooperation in criminal matters
In order to ensure a high level of effectiveness of judicial cooperation in criminal matters for judges and
prosecutors with the European Union member states, the General Prosecutor’s Office took part in the
Workshops of the project "The Introduction of the Requirements for establishing Joint Investigation
Teams to Fight Trafficking in Human Beings in South - Eastern Europe". The Workshops were held in
the period of April 2011 – October 2012.
In this context, a prosecutor as offices of liaison was appointed to cooperate directly with authorities
representing the specialised units or bodies in combating human trafficking and trans-border crime.
Memorandums of Understanding between General Prosecutor Office of the Republic of Moldova with similar
bodies from Turkey were signed on 5 May 2011), from South Korea on 26 June 2011 and from China 7 h
September 2011.
During January - October 2011, the General Prosecutor’s Office initiated 193 requests for extradition of
criminals wanted by the Moldovan authorities, arrested or found in other states. At the same time, district
and special Prosecutor’s Offices have received for enforcement 440 rogatory requests from law
enforcement authorities of other states and 225 request of judicial assistance to competent law
enforcement authorities from other state.
17. High level of effectiveness of judicial co-operation in criminal Status of Progress:
Advanced
stage
matters of judges and prosecutors with the EU Member States
implementation
of
17.1. Exchange of experience between judges and prosecutors from the Republic of Moldova and their
colleagues from EU member states
Since the adoption of the National Annotated Agenda on the implementation of the Action Plan on visa
liberalization with the EU, the representatives of the General Prosecutor’s Office have participated in the
following international events:
- From 8 – 10 March 2011, Zagreb, Croatia, the International Conference on "Combating
Corruption, Good practices - increasing efficiency through inter-departmental and multidepartmental approach".
- From 12 – 13 April 2011, Zagreb, Croatia, the SEEPAG Conference on "Crime investigation and
analysis of information in order to ensure a high level of special investigative and operational
capacity of law enforcement services and use them consistently and efficient cross-border crime”.
- The General Prosecutor initiated a study tour in the Baltic countries on the judicial reform
program in cooperation with OSCE Moldova.
- The General Prosecutor Office organised 5 round tables with participation of the judges and
judges for criminal investigations, police officers, intelligence service officers, civil society and
international bodies on the adjustments in the legal framework according to the EU standards.
64
Law enforcement cooperation
1st phase (legislative and policy framework):
18. Establishment of an adequate coordination mechanism between Status of Progress:
relevant national agencies and a common database guaranteeing Impelemented
direct access to relevant officers
18.1. Effective coordination mechanism between relevant subdivisions in combating organised
crime
An adequate coordination mechanism between relevant national authorities and common database
guaranteeing direct access to relevant officers has been established by the Law no. 216 from 25 May 2006
on the electronic information system on recording crime, criminal cases and individuals who committed
crimes.
On basis of the aforementioned Law, the Ministry of Interior in cooperation with other law enforcement
authorities approved the following Common Orders on coordination mechanism:
- The Common Order no. 121/254/286-0/95 from 18 July 2008 on unique record of offenses,
criminal cases and individuals who committed crimes, between the Ministry of Interior, General
Prosecutor’s Office, Customs Service and Center for Combating Economic Crimes and
Corruption;
- The Common Order no. 144/206/208-275/73 from 15 June 2006 on unique record of operational
files (of searching, of identification) on wanted persons, persons with unknown identity and
unidentified bodies, between General Prosecutor’s Office, Ministry of Interior, Customs Service
and Center for Combating Economic Crimes and Corruption;
- The Common Order no. 158/279/50/144-0/80 from 6 August 2004 on unique record of marked
objects, antiques and works of art, lost and found property, between the General Prosecutor’s
Office, Ministry of Interior, Intelligence and Security Service, Customs Service and Center for
Combating Economic Crimes and Corruption.
The effective coordination mechanism between relevant national law-enforcement agencies is also
ensured through the activity of the National Virtual Center SECI / GUAM within the Ministry of Interior
of the Republic of Moldova. The Center has been established in 2006 as a subdivision of the Ministry of
Interior in order to develop the cooperation between relevant national and European agencies on
combating cross-border organized crime and security of borders.
The National Virtual Center SECI / GUAM ensures the coordination of efforts and actions between the
following law-enforcement authorities: Ministry of Interior, Border Guards Service, Customs Service,
Intelligence and Information Service, Center for Combating Economic Crimes and Corruption. These
authorities have direct access to the Center’s data base on investigation, prevention and fight against
cross-border organized crime.
The officers of the Ministry of Interior participated in a seminar within TAIEX project on training in the
area of criminal analysis in July 2011. As a result, from 1 of September 2011 to 5 March 2012 two
representatives from the Ministry of Interior of the Republic of Moldova are involved in training process
within the Information and Analysis Unit of the Federal Police of Belgium.
Thus, after the end of the training period, the two trained officers will contribute to the creation of the
Information and Analysis Unit within the Police Department of the Ministry of Interior, as well as
contribute to the consolidation of its capacities and improvement of operational activities.
In the period of 12 – 16 of September 2011 a delegation of 5 officials from the Ministry of Interior
carried out a study visit in Romania in order to learn from the Romanian experience in the development
of the legal framework in the field of criminal analysis
19. Conclusion of an operational cooperation agreement with Europol Status of Progress:
65
ensuring an adequate level of data protection
19.1.
Pending the decision of the
Europol
Consolidation of the dialogue between the Republic of Moldova and EUROPOL
On 25 January 2011 an expert meeting on the procedure of conclusion of the Republic of Moldova –
EUROPOL Operational Cooperation Agreement and assessment of the state of play in the data protection
field took place. The abovementioned meeting was attended by representatives of the relevant Moldovan
authorities (Ministry of Internal Affairs, National Center for Personal Data Protection, Ministry of
Foreign Affairs and European Integration) and EUROPOL. As a follow up of the meeting, on 23 March
2011 the Republic of Moldova submitted to EUROPOL supplementary information on personal data
protection in order to facilitate initiation of negotiations on Operational Cooperation Agreement.
The Republic of Moldova received on 27 July 2011 an official invitation from the Director of EUROPOL
to delegate a permanent liaison officer to EUROPOL. The activity of the Liaison officer will start with
the signature of the Liaison Agreement between the Republic of Moldova and the European Police Office
which is under inter and intra agency consultations.
2nd phase (benchmarks for effective implementation):
20. High level of operational and special investigative capacity of law Status of Progress:
level
enforcement services and its consistent and efficient use to tackle Advanced
implementation
cross-border crime
of
20.1. Adjusting of the national legislation in the field of operative investigation and prosecution to
the international instruments of combating cross-border criminality
The framework of Police Cooperation Convention for South East Europe was included within the Law on
the amendment of some legislative acts (the Law no. 45-XII from 12 of April 1994 on operative
investigations, the Criminal Procedural Code) which was approved by the Government on 11 November
2011 and submitted to the Parliament for approval.
Common surveillance exercise based on trans-border surveillance in accordance with the CCP ESE
provisions was realised within TAIEX project on 19-22 April 2011.
The Action Plan on cooperation between Operative Department of the MoI of the Republic of Moldova
and the General Department of Information and Internal Protection of the MoI of Romania was signed on
4 August 2011.
Workshop on intervention of the police and special units was organised within TAIEX project on 24-28
October 2011.
During the first 9 months of 2011 Moldovan prosecutors participated in study visits to EU MS in order to
learn from the best practice in the field of operative investigation and prosecution to the international
instruments of combating cross-border criminality:
- Study visits in Estonia and Latvia, June 2011.
- Training for prosecutors on management and exercise in corruption, economic and money
laundering cases, organized by the OECD, June-July 2011;
- Conference on “Cooperation against cyber crime” within the Eastern Partnership, Estonia,
between, May - June 2011
- Workshop on “Combating cyber terrorism - a new trend of the Organized Crime”, Italy, May
2011;
- The training on Investigation in management and on-site investigation of criminal offenses,
Hunagry, April 2011;
- International seminar on “Human dimension” organized by the OSCE Office for Human Rights
(ODIHR/ODIHR), Poland, October 2011.
66
21. High level of effectiveness of law enforcement co-operation among Status of Progress:
level
relevant national agencies - especially border guards, police, customs Advanced
implementation
officers -, as well as cooperation with the judicial authorities
of
21.1. Consolidate the partnership between Police, border guards, custom officers and Center for
Combating Economic Crimes and Corruption employees
Interaction procedure with each interested owner, requiring connection to CSIR "Registru" databases
starts with the official request, submitted by the interested owner to the CSIR "Registru". All the
conditions of connection and interconnection carried out based on bilateral agreements and contracts
which defines the information content request, users, access level and roles, in compliance with the level
of security and privacy.
Corresponding connections have been carrying out by means of the SE “Special Telecommunications
Centre”. Thus, at the moment, all central offices of Beneficiaries within the project “Biometric passports”
are interconnected by means of the SE “Special Telecommunications Centre”.
The General Prosecutor’s Office created an internal Working Group on the implementation of an
exchange of information data base on intellectual property rights. During March – April 2011, three
meetings of the group took place within the Twinning Project "Support for the implementation of
agreements between Moldova and the EU on issues of intellectual property".
22. Strengthened bilateral and multilateral operational law Status
of
Progress:
level
of
enforcement cooperation agreements, including by sharing on time Advanced
relevant information with competent law enforcement authorities of implementation
EU Member States.
22.1. Strengthening the legal framework for cooperation and providing a mechanism for
implementation
On 27 January 2011, the National Customs Authority from Romania and the Moldovan Customs Service
signed a cooperation agreement on enhancing cooperation in preventing and combating customs fraud.
The plan ensures the continuity of cooperation mechanism between customs authorities of both countries
at border crossing points, in particular - the sharing of technical means of control, exchange of
information for risk analysis and prevention of cross-border fraud.
On 21 April 2011, in Bucharest, Romania, a working meeting of the heads of customs administrations
from Moldova and Romania took place on the cooperation and exchange of information to prevent and
combat illicit trafficking of goods at the Moldovan-Romanian border.
During the meeting, parties signed the Additional Protocol to the plan of cooperation between the
Moldovan Customs Service and National Customs Authority from Romania on enhancing cooperation in
preventing and combating customs fraud, concluded at Bucharest on 27 January 2011.
In order to negotiate and conclude new agreements of cooperation, the Intelligence and Information
Service established partnership relations with the special services from Spain, France and Montenegro.
The leadership of the Intelligence and Information Service also participated at the regional forum of the
special services from the South-Eastern Europe (SEEIC).
The negotiations on the Agreement between the Republic of Moldova and Spain on the cooperation in the
security field and fight against crimes were launched by the President Decree nr. 187 from 4 July 2011.
The negotiations are carried out through diplomatic channels.
Data Protection
67
1st phase (legislative and policy framework):
23. Consolidation of the legal framework for the protection of Status of Progress:
personal data, including accession to the 2001 Additional Protocol to Fully implemented
the Council of Europe Convention for the Protection of Individuals
with regard to Automatic Processing of Personal Data, regarding
supervisory authorities and transborder data flows.
23.1. Harmonisation of the national legislation to the standards on protection of personal data
according to the international and European instruments
Taking into consideration that the existing Law on personal data protection does not transpose the
provisions with reference to the principles of personal data protection and standards recognized at the
international level, as well as in order to align the national legislation on personal data protection to the
EU and international instruments, the Law on personal data protection in a new version was approved by
the Government on 8 April 2011 and was adopted by the Parliament on 8 July 2011, published in the
Official Gazette No 170-175/492, 14 October 2011. The Law which shall enter into force on 14 April
2012 (in 6 months after its publication date). (See attached Annex 27).
Description: New law intends to strengthen the existing legislation regulating the personal data
protection area and approximate it to the Directive 95/46/EC of the European Parliament and of the
Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data
and on the free movement of such data and to the Convention no. 108 for the protection of individuals
with regard to automatic processing of personal data, adopted in Strasbourg on 28 January 1981.
Furthermore, in order to adjust the national legislation to the new Law on personal data protection, on 21
October 2011 the Parliament adopted in the second reading (only expected to be promulgated by the
President of the Republic of Moldova) the Law No. 208 on amending and supplementing certain acts (See
attached Annex 28), in particular:
- the Law No. 1216 – XII from 3 December 1992 on state tax (by plaintiffs exemption from the
obligation to pay the state fees related to the breach of Law on personal data protection );
- the Law No. 982-XIV from 11 May 2000 on access to information (by excluding ambiguous
provisions on categories of information excepted from the need of confidential treatment
assurance);
- the Law on attorney No 1260 – XV from 19 July 2002 (by connecting its provisions to the rule
of law on the protection of personal data);
The amendments are in line with the Convention for the protection of individuals with regard to
automatic processing of personal data (Convention nr. 108) and Directive 95/46 EC of the European
Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the
processing of personal data and on the free movement of such data (Directive 95/46 EC).
23.2. Ratification by the Republic of Moldova of the Additional Protocol to the Convention for the
Protection of Individuals with regard to Automatic Processing of Personal Data regarding supervisory
authorities and transborder data flows, Strasbourg, 8 November 2001
The additional Protocol to the Convention for the protection of individuals with regard to automatic
processing of personal data, regarding supervisory authorities and transborder data flows (additional
Protocol), adopted at Strasbourg on 8 of November 2001, signed by the Republic of Moldova on 29 of
April 2010 and ratified by the Law No. 110 on 9 June 2011, published in the Official Gazette No. 103106/274 from 24 June 2011. (See attached Annex 29).
Description: The additional Protocol establishes provisions empowering the national authority for data
protection with competencies to exercise its functions on personal data protection in complete
independence, including powers of investigation and intervention.
68
In fact, this international treaty aims to establish the accountability for violation of principles of personal
data protection.
23.3 Drafting, approval of secondary legal framework that would ensure the implementation of
recording process of personal data holders (controllers) in a public register
The National Center for Personal Data Protection jointly with Center for Electronic Governance has
developed the Concept of the Automated Information System "Register of personal data controllers” and
after large public consultations, the concept has been approved by the Government on 9 November 2011
(See attached Annex 30).
The National Center for Personal Data Protection shall draft and submit to the Government for approval
by 20 March 2012 the “Rules of the State Register of personal data controllers” which will replace „Rules
on the manner of manual keeping of the personal data holders register” (initially drafted by the National
Center for Personal Data Protection).
Description: The Government initiated the examination of this normative act immediately after the
adoption of the draft Law on personal data protection in a new version, which established clear the
competent authority entitled to approve this act. “To keep the register of processing operations” is set out
by the Article 21 of the Directive 95/46 EC.
In order to implement the Automated Information System „Register of personal data controllers” that
intends to facilitate the record of notifications submitted by data controllers and to create efficient
conditions to provide information to the public and which is open to consultation either by the public in
general or by any person who can provide proof of a legitimate interest, the National Center for Personal
Data Protection has prepared an Application on the backgrounds on the need of its implementation.
Indirectly, the legitimacy of the personal data processing operations will be ensured following the
implementation of this information system on recording the personal data controllers’ notifications.
Along with developing of the technical task of Automated Information System, an European company
was selected to perform activities related to the creation, delivery and implementation of software that
will ensure the informational system operation, the main objective of which is the automatization of
record activity of personal data controllers, databases, informational systems and information in that are
stored and processed personal data.
2nd phase (benchmarks for effective implementation):
24. Implementation of the legislation on the protection of personal Status of Progress:
data and; ensuring efficient functioning of the independent data Fully implemented
protection supervisory authority also through the allocation of the
necessary financial and human resources
24.1. Amendment of the national legal framework according to the Law on personal data protection
In order to develop the control mechanism of implementation of personal data protection law provisions
in compliance with the provisions of the additional Protocol of the Convention No. 108, the Parliament of
the Republic of Moldova adopted on 21 October 2011 in the final reading the Law No. 208 on amending
and supplementing certain acts, (See attached Annex 28) in particular
- the Contravention Code (by establishing contravention liability for breaching the personal
data protection law and the empowerment of the Center with powers of finding body - as
provided by the art.1 para. (1) and (2) a),b) of additional Protocol - "... the supervisory
authorities have, in particular, rights to investigate and intervene and the right to sue ..." );
- Law on the approval of the statute, structure, staff-limit and financial arrangements of the
National Center for Personal Data Protection (through the delivery of skills, powers of the
national authority of personal data protection and ensuring of the full independence and
autonomy of the national authority of personal data protection (including of its financial
69
-
independence). This fact will allow the transposing of the provisions of the art. 1, para. (3) of
the additional Protocol -"supervisory authorities exercise their functions in complete
independence”.
Law on wage system in the public sector (through the equivalence of wage of leadership and
representatives of the Centre in relation to other public authorities with similar status).
24.2 Ensuring efficient functioning of the independent data protection supervisory authority also
through the allocation of the necessary financial and human resources
The supervisory authority over the compliance of the personal data processing with law requirements is
the National Center for Personal Data Protection - an autonomous public authority, independent from
other public authorities, individuals and legal entities.
Additional to the undertaken actions in order to harmonize the national legislation on personal data
protection field to the European standards, in the period of January – October 2011 was:
- Examined 81 petitions and other appeals regarding to the personal data field;
- Conducted 36 sector controls on personal data processing of the law requirements
(especially on personal data processing of the minors in the educational institutions;
personal data processing of the patients in the medical institutions; personal data
processing by the legislative bodies; personal data processing in the election campaigns,
processing of personal data within delivery of postal dispatches by postal communication
organizations and services providing operators etc.);
- Offered 19 instructions in order to bring the processing operations of personal data in line
with the law provisions;
- Issued 3 decisions of suspending the operations of personal data processing; 8 decisions on
cessation of operations of personal data processing and 2 decisions of updating the personal
data;
- Authorized 3 transborder transfer of personal data protection;
- Comments on 34 draft normative acts with reference to personal data protection field.
The Center regularly updates the information for public on its official web site – www.datepersonale.md.
During 2011 the Center has participated in 3 television broadcasts, held 4 workshops on personal data
protection with the representatives of law enforcement bodies and attended 11 roundtables and
conferences.
Taking into consideration that data protection is a new field in the Republic of Moldova the activities on
strengthening of the capacity building of the Center are based on experience sharing and information
exchange with the similar personal data authorities from the EU Member States. In this context, the
representatives of the Center have participated to the:
1. International Conference on celebrating Data Protection Day and the 30th Anniversary of
108 Convention of the Council of Europe for the protection of individuals with regard to
automatic processing of personal data, Hungary;
2. 2nd Meeting of the Working Group on Data Protection of the Police Cooperation Convention
for Southeast Europe, Albania;
3. 13th Meeting of the Central and Eastern European Data Protection Authorities, Hungary;
4. International Conference on Data Protection, Poland
5. The 2nd International Conference: “Personal Data Protection”, Russian Federation.
A study visit on “personal data protection and automated information systems” in Spain and a study visit
on “the legislative and operational practices regarding transborder transfer of personal data within
Holocaust issues” in Germany were organized within TAIEX.
70
Block 4: External relations and fundamental rights
Citizens’ rights including protection of minorities
1st phase (legislative and policy framework):
1. Adoption of comprehensive anti-discrimination legislation, as
Status of Progress:
Anti-discrimination
law was
recommended by UN and Council of Europe monitoring bodies, to
drafted and pending approval
ensure effective protection against discrimination.
after additional amendments
subsequent to consultations
of the Government with civil
society.
The following normative acts of the Republic of Moldova lay down provisions that ensure the principles
of non-discrimination:
The Constitution of Moldova, according to which all citizens of Moldova are equal before the law
without discrimination on the basis of race, nationality, ethnic origin, language, religion, gender, opinion,
political affiliation, wealth or social origin.
The Criminal Code of Moldova stipulates that persons who committed crimes are equal before the law and
are subjects to criminal liability, without any discrimination as to gender, race, color, language, religion,
political affiliation, opinion, nationality, social position, affiliation to a national minority, wealth, birth or any
other criteria. Also, the criminal law incriminates the violation of equality of rights (Article 176), the
intentional actions aimed at instigation to hatred or national, racial, religious segregation (Article 346),
and worsens the criminal liability in cases of crimes committed on hatred grounds (Articles 77, 145, 151,
152, 197, 222).
The Family Code of Moldova No. 1316 from 26 October 2000 stipulates in Article 5 that every married
person has equal rights and duties in the family relationship, without any discrimination as to gender, race,
nationality, ethnic origin, language, religion, political opinion and affiliation, wealth and social position.
The Law No. 26-XVI from 22 February 2008 on assemblies according to article 4 the right to assembly is
guaranteed to all, without any discrimination as to race, nationality, ethnic origin, language, religion,
gender, political opinion and affiliation, wealth, social position and any other criteria.
The Law No. 25-XVI from 22 February 2008 on the Code of Conduct for civil servants provides in Article
4 that civil servants must make decisions and perform actions impartially, without discrimination and
fairly, without giving priority to persons or groups without distinction as to race, nationality, ethnic origin,
language, religion, gender, political opinion and affiliation, wealth or social position.
According to the Article 3, paragraph (6) of the Law No. 294-XVI from 21 December 2007 on political
parties, the creation and activity of political parties based on discrimination as to race, nationality, ethnic
origin, language, religion, gender, wealth or social position are prohibited.
Article 4 of the Law No. 1286-XV from 25 July 2002 on the status of refugees in article 4 provides that the
provisions of the law are applied to asylum seekers, refugees and humanitarian or temporary protection
beneficiaries without any discrimination as to race, nationality, ethnic origin, language, religion, gender,
political opinion and affiliation, wealth or social position.
The Law No. 416-XII from 18 December 1990 on police provides in Article 4 that police defends citizens,
without any discrimination as to social and patrimony status, national affiliation, race, gender, age,
education and language, religious attitude, political opinion or other criteria.
The Law No. 982-XIV from 11 May 2000 on access to information provides in article 4 that the right to
search, receive and communicate official information shall not imply in no case discrimination as to race,
71
nationality, ethnic origin, language, religion, gender, political opinion and affiliation, wealth or social
position.
The Law No. 939-XIV from 20 April 2000 on editorial activity provides in Article 3 that editorial activity
has the objective to create possibilities for citizens’ assertion as authors, without any discrimination as to
race, nationality, ethnic origin, language, religion, gender, political opinion and affiliation, wealth or
social position.
According to the Article 27, paragraph (3) of the Law on wages No. 847-XV from14 February 2002 the
wages are without any discrimination as to age, gender, racial and nationality, political affiliation, religion
and material status.
According the article 47, paragraph (2) of the Labour Code No. 154 from 28 March 2003 provides that
any direct or indirect limitation of rights, or direct or indirect advantages to be included when concluding
individual work contract, without distinction as to gender, race, ethnic origin, religion, residence, political
option or social position.
The article 128 of the Labour Code provides that any limitations of rights of wages set up and payment on
the basis of gender, age, disability, social origin, family status, affiliation to an ethnic group, race or
nationality, political option or religious belief, trade union affiliation or activity are inadmissible.
The Law on ensuring equality between women and men from 9 February 2006, guarantees equal rights
and freedoms, as well as opportunities for women and men.
Also, the following legislative acts could be relevant: the Code of Civil Procedure, the Code of Criminal
Procedure, the Law No. 275-XIII from 10 November 1994 on the legal status of foreign citizens and
stateless persons, the Law No. 338-XIII from 15 December 1994 on children’s rights, the Law No. 514XIII from 6 July 1995 on the judiciary system, the Law No. 270-XVI from 18 December 2008 on asylum in
the Republic of Moldova, etc.
1.1 Adoption of the draft of the Law on prevention and fight against discrimination in the Republic of
Moldova
The Law on prevention and fight against discrimination in the Republic of Moldova was drafted in large
consultations with civil society and international organisations representatives (See attached Annex 1).
Though initially submitted to Parliament in the Human Rights Commission (Government initiative no.
459 from 22 February 2011) the draft Law has been later withdrawn to ensure a broader consultation with
relevant civil society stakeholders. In this regard, the Ministry of Justice organised on 28 June 2011 and
on 16 September 2011 a series of national round tables on anti-discrimination issues which were attended
by local and international civil society experts, members of Parliament, public officials, civil servants, as
well as representatives of foreign diplomatic missions in Chisinau. The recommendations adopted at these
seminars were taken into consideration for the consolidation of the draft law on prevention and fight
against discrimination.
The revised draft law was sent for anticorruption expertise. It is scheduled to be adopted by the
Government by the end of 2011.
Description: The draft law on prevention and fight against discrimination creates the necessary
framework to apply Directive 2000/43/EC from 29 June 2000 implementing the principle of equal
treatment between persons irrespective of racial or ethnic origin, and Council Directive 2000/78/EC from
27 November 2000 establishing a general framework for equal treatment in respect of employment
published in the Official Journal of the European Union (OJ) no. 303 from 2 December 2000.
The draft law aims to prevent and fight against discrimination and to ensure equality in rights for all the
individuals on the territory of the Republic of Moldova in areas of politics, economics, social, culture, and
other areas of life making no difference in race, nationality, ethnic origin, language, religion, belief, sex,
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age, health status, disability, sexual orientation, opinion, political view, wealth, social origin, belonging to
a socially disadvantaged groups, as well as based on any other criteria.
In the result of public consultations the law was completed with new provisions which limit the
applicability of the law on the marriage and adoption relationship governed by the legislation in force and
on religious cults and their component parts related to their religious beliefs. Improvements were made on
the rules regarding the work of the Council on prevention and combating discrimination – body that will
act in terms of impartiality and full independence from the public authorities based on a comprehensive
mandate in the field.
2. Adoption of a comprehensive National Human Rights Action Plan;
actively pursue in the respective National Human Rights Action Plan
the specific recommendations of UN bodies, OSCE/ODIHR, the
Council of Europe/ECRI and international human rights
organisations notably in implementing anti-discrimination policies,
protecting minorities and private life and ensuring the freedom of
religion
Status of Progress:
Implemented
National
Human Rights Action Plan
was adopted and started to be
implemented
2.1. Adoption of the National Human Right Action Plan for 2011 – 2014
The National Human Rights Action Plan has been adopted by the Decision of Parliament no. 90 from 12
May 2011 (See attached Annex 2)
Description: The National Human Rights Action Plan (hereinafter the “Action Plan”) is a national
instrument reflecting the government’s policy on strengthening human rights protection. Public
authorities and the civil society representatives largely contributed to the development of this policy
document.
Presenting an overview of the current situation in this area and emphasising the vulnerable aspects that
need to be addressed, the Action Plan proposes solutions for the improvement of the human rights
situation and aims at bringing positive changes. The Action Plan consists of measures aimed at
strengthening the social, economic, civil, and cultural rights, and at achievement of the following
objectives:
a) accession to international human rights instruments;
b) compliance of the national legislation with the international standards in the area of human rights;
c) securing of free access to justice;
d) improvement of the national human rights protection mechanisms;
e) securing of efficient protection of political, civil, economic, social, and cultural rights;
f) strengthening the protection of national minorities and ethnical groups, and of the categories of
population at difficulty in terms of age, social dependence, or other categories (minors, detainees,
migrants);
g) raising the level of citizens’ education, moral and behavioural attitude to human rights.
The monitoring and assessment of the Action Plan implementation is a complex process and is
conducted in accordance with the principles of lawfulness, responsibility, transparency, publicity, and
active participation. The Action Plan implementation shall be monitored through the progress indicators
that show the level of achievement and the impact of the set objectives. The monitoring shall also include
the assessment of the way in which actions are implemented, the relation between the actions completed
and the objectives achieved, as well as the extent to which the applied policies bring about the expected
results.
The monitoring and assessment of the Action Plan is coordinated by the National Commission for
Implementation of the National Human Rights Action Plan (hereinafter the “National Commission”), with
the technical support of the Ministry of Justice, as well as by the Permanent Human Rights Commission
of the Parliament of Moldova.
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The process of monitoring within the public authorities shall be conducted by the human rights
coordinator, or the person appointed responsible for the respective area, as appropriate.
The Government shall publish and submit to the Parliament the Consolidated Progress Report on the
Action Plan Implementation, yearly by 1 April. Conferences shall be organised on a yearly basis in order
to discuss the Progress Report.
The Consolidated Progress Report on the Action Plan Implementation shall be presented by the
Permanent Human Rights Commission in the Parliament’s plenary session.
Funding of the implementation of the Action Plan will be realised from the national public budget,
funds from international organisations, funds from non-commercial organisations, funds from private
sector, and donations from individuals. Public authorities shall review yearly the costs of actions, based
on the priorities, financial possibilities, and the assessment results.
2.2. Revision of the Law on religious cults and their component parts
In March 2011, the Ministry of Justice has officially registered the first Muslim organization “Islamic
League from the Republic of Moldova”, subsequently registering the Muslim religious cult in the
National Register of religious cults and their component parts as a religion that can be officially practiced
in the Republic of Moldova.
In the same time, the Ministry of Justice carried out a revision exercise involving civil society and
religious organizations representatives registered in the Republic of Moldova to analyze the legislation in
the field of freedom of conscience with view to the spirit of tolerance. The results of the consultations
process were collected and examined served as a background for the amendments to the Law no. 125XVI from 11 May 2007 and its implementation mechanism. The country visit of the UN Special
Rapporteur on freedom of religion or belief, Mr. Heiner Bielefeldt, in September 2011, made a positive
contribution to this end. The Law amending the Law no. 125-XVI from 11 May 2007 and its
implementation mechanism was approved by the Government on 11 November 2011 and was sent in the
Parliament for approval on 23 November 2011.
Description: The implementation of the Law on religious cults and their component parts revealed that it
contains provisions with double and extensive interpretation as well some gaps that are able to impair the
free exercise of religion, freedom of the subjects involved in this process. The amendments to the law
propose to rename the Law, to extend the scope of the law to include freedom of thought, not only the
freedom of conscience and religion as the current provisions, to define the terms used in the law to limit
the large interpretation of the law, to limit the interference of state, etc.
2.3. Consolidation of the cooperation relations with civil society in view to guarantee the respect of the
minority rights
With reference to the cooperation with civil society in view to guarantee the respect of minority rights,
raising public awareness on issues of interethnic tolerance, discrimination, ensuring the freedom of
movement to the citizens of Republic of Moldova and non-citizens, the Center for Human Rights
(Ombudsman) carried out specific activities, as awareness raising, trainings for public servants,
strengthening the cooperation with the civil society, monitoring the implementation by the State of
relevant recommendations of UN and CoE treaty monitoring bodies such as (Human Rights Committee,
Committee on the Elimination of Racial Discrimination, European Commission against Racism and
Intolerance) on the above-mentioned issues, were included in the Institutional Action Plan of the Center
for Human Rights for 2011.
Description: Within the budget line “State for the information and promotion of human rights in the
community” (~25.500 lei MDL) the Center for Human Right published 2 guides: on “Legal rights of
foreign citizens and stateless persons” and on “Preventing and combating discrimination” and 1 leaflet on
“Non-discrimination”.
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At the same time, the Ombudsmen and the staff of the Center for Human Rights participated during the
reported period to a series of round tables, international conferences, meetings, seminars and public
discussions. Among the most relevant, “The public discussions on National Human Rights Action Plan
for 2011-2014” (3rd Session on preventing and combating discrimination, 16 March 2011); “The Human
Rights Club, an initiative launched by the NGO “Center on Information on Human Rights”, on 23 March
2011 (with the topic on gender and ethnicity (Roma people) discrimination, as well as the Draft Law on
preventing and combating discriminations and the mechanisms of its implementation); The Round Table
on “Social policies and the inclusion of the Roma people / The National Action Plan on Roma for 20112015”, on 7-8 April 2011, organized by the Bureau of Interethnic Relations.
2.4. Ensure the promotion of the support measures for Roma people in all the social areas
The Action Plan on Roma support for 2011 – 2015 was drafted by the Bureau of Inter-ethnic Relations
and was approved by the Government on 8 July 2011 (See attached the Annex 3).
Description: The Council of Europe recommendations (October 2010) and UN Committee on the
Elimination of Racial Discrimination concluding observations for Moldova (March 2011) have been
taken into consideration in the process of drafting of the Action Plan.
A Round Table on the Action Plan on Roma support for 2011 – 2015 with the participation of the Roma
community leaders, NGO’s representatives, national and international experts was carried out by the
Bureau of Inter-ethnic Relations on 7 – 8 April 2011. As a result of discussions, a set of proposals and
recommendations to amend and improve the Action Plan on Roma support was drawn up. The main
recommendations referred to the institutionalization of community mediators, education, employment,
healthcare and security insurance, public order and authority, accommodation, community development,
social and cultural integration of Roma people, as well as encouraging large scale consultations with
Roma NGO’s and community leaders.
As additional measure for support of Roma community, the representative of the civil society, chair of
National Centre of Roma, was elected in February 2011 on behalf of Moldovan Government as a Vicepresident for Committee of Expert of Council of Europe for the problems of Roma people (CAHROM).
Following the joint suggestion of the Council of Europe, the European Union Delegation, the United
Nations Country Team and ODIHR to review the Action Plan the Government issued on 10 August 2011
an order to revise some elements of the Action Plan. In this context, the Action Plan was further
amended to supplement its provisions in accordance with European and international standards on
inclusion policies. Several international organizations, including the OSCE/ODIHR, have been consulted,
and an ad hoc working group has been convened by the Bureau of Inter-ethnic Relations with
representatives of relevant ministries. A new chapter on Roma mediators was included in the AP, a better
wording on issues regarding Roma women and antidiscrimination activities were reflected.
The amendments to the Action Plan are expected to be approved by the Government by the end of 2011.
2.5. Effective implementation of the Law on Combating Domestic Violence
Joint Guidelines regarding the intervention of the social assistance, law enforcement and medical care
bodies in the cases of domestic violence have been drafted by the Ministry of Labour, Social Protection
and Family and sent to the Ministry of Justice for legal expertise (See attached Annex 4). The Guidelines
will be approved through a ministerial order and represent the implementing tool of the Law on
Preventing and Combating Domestic Violence no. 45 from 1 March 2007. Since 2008 approximately 200
protection ordinances were issued and applied by the courts.
Description: The mentioned Guidelines describe the competences of the experts in the process of
identifying cases of domestic violence, multi-disciplinary coordination and recording cases, preventing
the cases of domestic violence and monitoring the applicability of the protection measures in cases of
domestic violence.
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In order to increase the public awareness activities on 11 February 2011, in Chisinau, the Ministry of
Labour, Social Protection and Family carried out a training workshop for social workers tackling
domestic violence cases and on 22 – 24 March 2011, in Chisinau, a training seminar for specialists from
the assistance centers for victims of domestic violence was held in order to build the supervisory
capacities in the field.
Finding solutions to reduce domestic violence is one of the key priorities of the actual Government. In
order to assist these efforts, UNFPA has supported the development of a Concept that aims to create
rehabilitation services in Republic of Moldova for domestic violence offenders, including a rehabilitation
center for them. In this context, Framework Regulation of organization and operation of rehabilitation
centers for victims of domestic violence approved by Government Decision no. 129 from 22 February
2010 and the minimum quality standards for social services provided to victims of domestic violence and
approved by the Government Decision nr.1200 from 23 December 2010 are implemented. This concept
complements the other ongoing initiatives for creating and testing some services provided to prevent and
combat domestic violence.
2.6. Respecting the rights of child victims / witnesses of crime in the hearing process
With the support of UNICEF, the Working Group of Justice for Children chaired by the Minister of
Justice has re-launched its activity. The Group was established under the National Council for Child
Rights Protection chaired by the deputy prime-minister on social assistance issues. The Group
coordinates legal and policy efforts aiming at reforming the system of justice for children, including
children victims and witness of crime. The members of the Group launched the reflections on the best
practices and existent capacities on creation of hearing rooms for child victims/witnesses of crime and
staff training.
3. Ratification of relevant UN and Council of Europe instruments in Status of Progress:
implemented
the fight against discrimination
Republic of Moldova ratified the following relevant UN & CoE instruments in the field of antidiscrimination, namely:
1. Convention for the Protection of Human Rights and Fundamental Freedoms (Rome,
14.11.1950), signed by the Republic of Moldova on 13.07.1995, entered into force for the
Republic of Moldova on 12.09.1997
2. Framework Convention for the Protection of National Minorities (Strasbourg, 01.02.1995)
signed by the Republic of Moldova on 13.07.1995, entered into force for the Republic o
Moldova on 01.02.1998
3. Universal Declaration of Human Rights (New York, 10.12.1948) signed by the Republic
of Moldova on 28.07.1990, entered into force for the Republic of Moldova on 28.07.1990
4. International Covenant on Economic, Social and Cultural Rights (New York, 16.12.1966)
signed by the Republic of Moldova on 28.07.1990, entered into force for the Republic of
Moldova on 26.04.1993
5. International Covenant on Civil and Political Rights (New York, 16.12.1966) signed by
the Republic of Moldova on 28.07.1990, entered into force for the Republic of Moldova
on 26.04.1993
6. International Convention on the Elimination of All Forms of Racial Discrimination (New
York, 21.12.1965) signed by the Republic of Moldova on 10.09.1991, entered into force
for the Republic of Moldova on 25.02.1993
7. The Convention on the Elimination of All Forms of Discrimination against Women (New
York, 18.12.1979) signed by the Republic of Moldova on 28.04.1994, entered into force
for the Republic of Moldova on 31.07.1994
8. Optional Protocol to the Convention on the Elimination of Discrimination against
Women (06.10.1999) signed by the Republic of Moldova on 15.12.2005, entered into
force for the Republic of Moldova on 28.02.2006
9. Convention against Discrimination in Education (Paris, 14 December 1960), entered into
force for the Republic of Moldova 17.03.1993.
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10. Convention on Equal Remuneration, 1951 (No. 100), ratified by the Republic of Moldova
on 23.03.2000.
11. Convention on Discrimination (Employment and Occupation), 1958 (No. 111), ratified
by the Republic of Moldova on 12.08.1996
12. Republic of Moldova implemented the Durban Declaration and the Programme of Action
from the World Conference against Racism, 2001
3.1 Issue of a declaration under art. 14 of the Convention on the Elimination of All Forms of Racial
Discrimination
Since this measure is closely linked to the draft Law on preventing and combating the discrimination in
the Republic of Moldova, therefore, it will be carried out after the adoption of the latter. Also, the
Republic of Moldova initiated internal procedures for ratification of the 12 Protocol of the Convention of
Council of Europe on Human Rights.
The Law on Amending the Law on Citizenship no. 1024-XIV from 2 June 2000 and the Amendment of
the Governmental Decision related to the Rules of evidence of people in Moldova was adopted by the
Parliament on 9 June 2011.
4. Specifying conditions and circumstances for the Citizenship Status of Progress:
Implemented
granting
4.1. Amendment of the Law on citizenship no. 1024-XIV from 2 June 2000
The Law on Amending the Law on Citizenship no. 1024-XIV from 2 June 2000 was adopted by the
Parliament on 9 June 2011, published in the Official Gazette of the Republic of Moldova, on 8 July 2011,
no. 110-112, art. 301. (See attached Annex 5).
Description:
The amendments refer to the adjustment of the legal framework, as well as to determine the tasks and
competences of the Ministry of Information Technology and Communications. The main goal of the
amendments of the Law on citizenship No 1024-XIV of 02.06.2000 is to eliminate the obstacles on the
acquisition of citizenship by the stateless persons, who according to the provisions of Article 12,
paragraph (2), have the grounds for its acquisition, but were sentenced to imprisonment for the
premeditated crimes and have criminal records or who were under criminal prosecution during the
application examination.
As the result of adoption of the specified amendments, the following shall be accomplished:
 prevention and exclusion of cases of statelessness as a result of the succession of states and
ensuring the execution of the Council of Europe Convention on the avoidance of statelessness in
relation to State succession, which was signed and ratified by the Republic of Moldova in 2006.
 exclusion of irregularities, which result in disputes between persons who apply for citizenship and
state institutions engaged in the process of citizenship granting.
 elimination of unnecessary bureaucracy and factors that contribute to the corruption of public
officials.
As for granting citizenship to the inhabitants of the Transnistrian region CSIR “Registru” is applying
special measures to confirm citizenship and provide access free of charge to national ID documents for
the population residing in Transnistrian region according to the amended Law on citizenship no. 1024XIV from 2 of June 2000 and the Government Decision no. 959 from 9 of September 2005 on safety
measures of confirmation of citizenship and documentation of population from the districts situated in
Transnistrian region.
Thus, the number of citizens of the Republic of Moldova residing in Transnistrian region, whom had been
issued passports of the citizen of the Republic of Moldova (PA) is 227762, including valid number of
documents (PA) – 172848. From 1 January 2011 – 31 October 2011, the Ministry of Information
Technology and Communications issued 14893 passports to the residents of Transnistrian region.
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The Ministry of Information Technology and Communication in cooperation with the Ministry of Justice
and Ministry of Interior worked on the legal framework regarding the procedures of identification at first
documentation of the persons from Transnistrian region by requesting additional information on family
members and relatives (breeder documents of parents, wedding certificates, and other).
Government Decision no. 337 on amendment of the Government Decision no. 376 from 6 June 1995
regarding the additional measures to create the National Passport System has been adopted by the
Government on 10 May 2011, published in the Official Gazette of the Republic of Moldova on 17 June
2011, nr. 99-101, art. 464.
According to the Government decision the following procedure of the persons’ identification is provided:
“Children with no parental tutelage or who are under the state tutelage are to be identified, respectively,
by the tutelary authority or by the administration of the respective institution.
Identification of the persons that reached the majority age and have not been documented earlier or whose
identity can not be established upon the documents issued earlier is to be performed upon the declaration
on the responsibility of one of the parents, legal representatives or other relative of the I-III degree. If the
identification is done by relatives of the II-III degree, it is necessary to present additionally other
confirming documents issued by the local public authority or other state institution that possess
information on the respective person (military ID, pension card, certificate issued by the institution where
the person works or studies, etc. – if these somehow may lead to a person’s identification).
If the person can not be identified in the established manner, his/her identity is to be established by the
judicial instance”.
In accordance with Art. 352 par. 1 of the Criminal Code of the Republic of Moldova, false statements in
front of a public office in order to produce a legal consequence for a third person, is punishable with a
fine or up to one year imprisonment.
2nd phase (benchmarks for effective implementation):
5. Effective implementation of legislation and policies on anti- Status of Progress:
permanent
discrimination, implementation of relevant UN and Council of Europe Under
implementation
instruments
In March 2011 the UN Committee on the Elimination of Racial Discrimination considered the combined
(eighth and ninth) periodic report on the implementation of the Convention on the Elimination of Racial
Discrimination. Under the coordination of the Bureau for Interethnic Relations the modalities for the
implementation of Concluding Observations were drown up. The first action was the inclusion of the
recommendations on Roma in the Action Plan on Roma support for 2011 – 2015.
Anti-discrimination national policies were discussed in May 2011 within UN Committee on Economic,
Social and Cultural Rights taking into consideration of the second periodic report on the implementation
of the International Covenant on economic, social and cultural rights. The concluding observation on
Moldova were adopted in May.
Under the coordination role of the Ministry of Labour the combined periodic report (fourth and fifth) on
the implementation of UN Convention on the Elimination of All Forms of Discrimination against Women
was drafted and was submitted to the Committee in July 2011.
On 12-14 October 2011 the human rights record of the Republic of Moldova was examined under
Universal Periodic Review mechanism.
During the UPR process, the Government of the Republic of Moldova has consistently followed a wide
participatory approach in evaluation activities and drafting of the report submitted under the UPR, in
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cooperation with the civil society and international partners. As a result, the final report has been prepared
in conformity with the HRC guidelines. The results of the UPR for Moldova are still to be considered and
touched upon in detail in a wider national consultation process, but the fact the Government has accepted
the 122 recommendations made, while 15 of them are to be additionally examined in a broader context by
the next session of the Council, is a clear indicator that this exercise has the potential to point out the red
lines of national policies in the field of human rights as well as to come up with valuable solutions where
gaps and difficulties are encountered. The UPR recommendations which go along with those made by the
Council of Europe, EU and the OSCE are complementary and constitute a valuable base for further
amendments in the National Action Plan on Human Rights for 2011-2014. Moreover, the Government
has pledged to submit a mid-term progress report on their implementation to the Human Rights Council.
As a UN Human Rights Council member, the Republic of Moldova has committed itself to promote
human rights values at the national, regional and international levels. In this context, on 4-5 November
2011 in Chisinau took place the International Conference on Responding to the UPR Recommendations:
Challenges, Innovation and Leadership. The event was organised by the Government of the Republic of
Moldova in partnership with UNDP Regional Centre from Bratislava, UNDP Moldova and the Office for
the UN High Commissioner for Human Rights.
The Conference coincided both with the first ever visit to Moldova by the UN High Commissioner for
Human Rights and the conclusion of the first cycle of the universal review of human rights records of all
193 members of the United Nations
6. Effective implementation of the National Human Rights Action Status of Progress:
permanent
Plan measures on fight against discrimination (including allocation of Under
adequate resources); general awareness raising campaigns against implementation
racism, xenophobia, anti-Semitism and other forms of discrimination;
strengthening the responsible bodies for anti-discrimination policy
and combating racism, xenophobia and anti-Semitism
6.1. Raising public awareness on ethnic tolerance
Raising public awareness regarding ethnic tolerance represents a complex process which implies
education and information of the population of fundamental human rights. With reference to the Law of
Ombudsmen no. 1349 from 17.10.1997, the Center for Human Rights organised and/or participated to the
working meetings, round tables, thematic visits and hearings in Comrat, Balţi and Cahul in view of
informing and raising public awareness, as well promotion of the tolerance concept.
In this context of public awareness the following tools have been used: mass media – TV, radio, written
press and the electronic webpage of the institution, Hot line on torture issues 0 8001 2222, Hot line – the
child’s line – 0 8001 1116, informative publications, promotional materials with visualisation of the logo
and coordinates of the institution, other activities.
The Council of Europe and the European Union have launched on 5 May 2011 the CoE Eastern
Partnership Facility with core areas such as public administration and electoral standards, judicial reform,
fighting cyber crime and corruption, and promoting good governance.
Moreover, in order to ensure the respect of rights of relevant stakeholders, in April 2011 the Center for
Human Rights launched a complex assessment procedure on the efficient implementation of the Law on
assemblies throughout the whole territory of the Republic of Moldova. The assessment procedure is based
on the following actions:
 Monitoring and documentation of the information collected from the Local Public Authorities and
Courts.
 Identification of existing legal and institutional gaps.
 Drafting conclusions and recommendations on the improvement of the situation in the area.
Thus, between the 20 – 21 June 2011, the Center for Human Rights carried out a training seminar on the
“Freedom of assemblies and relevant stakeholders” with the participation of national local and central
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public authorities, civil society, academics and EU experts in the area. The participants discussed the
results of the assessment procedure and share best practices and experience with further dissemination of
the information to all the interested local public authorities, NGOs and law enforcement authorities. The
Monitoring Report on the implementation of the Law on assemblies was made public on 22 June 2011.
6.2. Respecting the rights of child victims / witnesses of crime in the hearing process
With reference to the Government Decision no. 450 from 2 of June 2010, the Ministry of Labour, Social
Protection and Family the Information System “Evidence of emigrants and children left without parental
care, facilitation of the relations between parents and children or the return of parents whose children face
difficulties regarding integration, education and care” was created and started to be implemented.
A qualitative research for identifying specific needs of children left behind by family members gone
abroad was carried out jointly by the Ministry of Labour, Social Protection and Family and Moldova State
University. As a result, a questionnaire on the situation of children left behind by parents who went
abroad was drawn up. It started to be used as an instrument for the quantitative research providing data at
the national level within local and central level database. The database will be owned by regional social
assistance structures and will be regularly updated.
The database will be integrated into the Information System “Social assistance” which will include data
on the situation of families with children in situation of risk and children facing some difficulties.
Freedom of movement within the Republic of Moldova
1st phase (legislative and policy framework):
7. Revision of legal and regulatory framework on registration and de- Status of Progress:
registration procedures for legally staying foreigners or stateless Implemented
persons with a view to avoiding unjustified restrictions
7.1. Review of the Government Decision no. 376 from 6 of January 1995 on additional measures to
consolidate the national passport system.
The Government Decision no. 337 on the amendment of the Government Decision no. 376 from 6
January 1995 on additional measures to consolidate the national passport system has been approved by
the Government on 10 May 2011, published in the Official Gazette of the Republic of Moldova on 17
June 2011, nr. 99-101, art. 464 (See attached Annex 6).
Description: The amendments aimed to review some provisions regarding the rules of evidence of
population and namely:
1. Establishing the mechanism of acquisition and processing biometric information.
2. Regulation of legal relations between individuals, legal entities, law enforcement and local
government bodies to ensure free-movement in the country and the right to establish domicile or
residence anywhere in the Republic of Moldova.
With reference to the revision and adjustment of national legal framework in order to prevent and exclude
cases of stateless persons in relation to the succession of states the draft Law on the amendment of the
Law no. 1024-XIV from 2 June 2000 on citizenship was drafted by the Ministry of Technology
Information and Communication. The draft Law has been approved by the Government on 3 May 2011
and adopted by the Parliament on 9 June 2011, published in the Official Gazette of the Republic of
Moldova, on 8 July 2011, no. 110-112, art. 301 (See attached Annex 5). The amendments aimed to:
1. Improve the procedure of receiving and examination of the applications for citizenship.
2. Prevention and exclusion of cases of statelessness as a result of state succession.
Furthermore, the draft Law on the Republic of Moldova's accession to the Convention on the Status of
Stateless Persons (adopted on 28 September 1954 in New York) was approved by the Government on 26
October 2011 and was submitted to the Parliament for approval and the draft Law on the country's
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accession to the Convention on the Reduction of Statelessness (adopted on 30 August 1961 in New York),
was approved by the Government on 17 August 2011 and was submitted to the Parliament for approval..
As a result, the development of the legal framework for the creation of a mechanism for determining the
status of stateless person was carried out and the Law amending the Law no 200 from 16 July 2010
regarding the procedure for determination of the status of the stateless person was approved by the
Government on 2 November 2011.
2nd phase (benchmarks for effective implementation):
8. Ensuring that freedom of movement within the Republic of
Moldova of Moldovan citizens and legally staying foreigners or
stateless persons is not subject to unjustified restrictions, including
measures of a discriminatory nature, based on any ground such as
sex, race, colour, ethnic or social origin, genetic features, health status
(including HIV/AIDS), language, religion or belief, political or any
other opinion, membership of a national minority, property, birth,
disability, age or sexual orientation
Status of Progress:
Implemented - freedom of
movement
within
the
Republic of Moldova of
Moldovan citizens and legally
staying foreigners or stateless
persons is ensured
8.1. Improvement of the legal and regulatory framework
According to the international acts and the Constitution of the Republic of Moldova (art. 27) the Republic
of Moldova citizens have the right of free movement. The Republic of Moldova citizens have the right to
establish their place of residence in any region of the country, to exit, emigrate and entry the country.
There are no other restrictions except those provided by the legislative acts, necessary to ensure the state
security, public order, population health and morality or other rights specified in the Universal
Declaration for Human Rights.
In the same context, the legally staying foreigners or stateless persons are not subject to unjustified
restrictions.
One Stop Shop of documentation of the foreigners has been officially opened within the Bureau of
Migration and Asylum implementing the Government Decision no. 1187 from 22 December 2010.
Description: The new facility will simplify documentation procedure, decrease bureaucratic barriers and
improve quality of services provided to the foreigners in Moldova. The documents are issued in term of
15-30 days, which is three times less than the previous procedure. The new mechanism is designed to
facilitate the documenting of foreigners coming to Moldova for work, studies, family reunification,
medical treatment, refugees, beneficiaries of humanitarian protection, foreign citizens coming for
humanitarian or religious activities etc.
The Law amending the Law no. 23/2007 on prophylaxis of HIV infection was drafted and sent to the inter
and intra agency consultations. The amendments are expected to be approved by the Government by the
end of 2011.
Conditions and procedures for the issue of identity documents
2nd phase (benchmarks for effective implementation):
9. Full, effective access to travel and identity documents for all Status of Progress:
Moldovan citizens including women, children, people with disabilities, Implemented
people belonging to minorities and other vulnerable groups
9.1. Ensure appropriate identification documentation from the National Passport System of all
citizens of the Republic of Moldova
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The Ministry of Information Technology and Communication launched the process of identification of
the areas of compact residence of minorities which was completed in July 2011 and it enclosed statistic
information regarding the number of Roma people registered in the State Register of Population.
However, the updated information will be collected until December 2011, so the final assessment of the
areas of compact residence of minorities will be known by the end of the year.
The social agents started to inform ethnic minorities regarding the necessity of documentation with
identity documents from the National Passport System, civil status and other documents.
Offices of population documentation and evidence are opened and functional in every district of the
Republic of Moldova. Access of all social groups of population, including the minorities to the offices of
documentation is guaranteed.
The procedure of documentation of the citizens of the Republic of Moldova with identity documents from
the National Passport System at home or within medical institutions was drafted.
Following the Government Decision no. 844 from 18 December 2009, the free of charge identity cards
upon the first documentation are issued. Therefore, the campaign entitled “Identity cards for young
citizens of the Republic of Moldova” takes place annually during every month of April and May. In 2011
- 6699 persons received their first identity documents).
Issues related to the issuance of identity documents to women have not been identified until present
Moreover, a study on the evaluation of the infrastructure and logistics which ensure the access of persons
belonging to minorities to the offices of documentation, including the use of mobile “one-stop-shops” is
being conducted.
As well, the Ministry of Information Technology and Communication worked out on additional proposals
to the draft statistical forms that should be used for the assessment and analysis of the issued identity and
travel documents, as well as refusal cases of issuance of these documents to all categories of persons,
including women, children, persons with disabilities, etc. The assessment is carried out quarterly, started
in July 2011.
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