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On The Application Of International Restrictive Measures

Original Language Title: privind aplicarea măsurilor restrictive internaţionale

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Parliament adopts this organic law.

Article 1. Scope This Law regulates the introduction, implementation and lifting of Moldova's international restrictive measures which are imposed:
a) by the Security Council of the United Nations adopted based on art. 41 of the UN Charter;
B) by the European Union acts to which Moldova has aligned;
C) the acts and decisions adopted by international organizations or by other states, the Republic of Moldova aligned;
D) of the Republic of Moldova on its own initiative.

Article 2. Definitions In this law the following notions are defined as follows:
international restrictive measures - sanctions and other restrictive actions on governments of states, non-state entities or natural or legal persons, adopted Security Council of the United Nations, European Union, other international organizations or by unilateral decisions of the Republic of Moldova or other states in order to maintain international peace and security and preventing and combating terrorism, ensuring respect for human rights and fundamental freedoms human development and strengthening democracy and the rule of law and for other purposes in accordance with the objectives of the international community and international law;
Subject to restriction - governments of states, non-state entities, individuals or legal entities subject to restrictive measures International;
Good - any technology or product carrier or economic value for satisfying a particular purpose, immovable or movable, material or immaterial, belonging to, or owned or under the control of which is subject to restriction or forbidden to import or export and to a specific destination;
Strategic goods - products, technologies and services established by Law no. 1163-XIV of 26 July 2000 on the control of export, import and transit of strategic goods;
Funds - funds and benefits of every kind, including but not limited to cash, checks, bills and other payment instruments; deposits with financial institutions or other entities, balances on accounts, debts and debt obligations; financial instruments, as required by law, promissory notes; interest, dividends or other income from the asset or assets or value accruing generated by them; credit, right of set-off, guarantees, performance bonds or other financial commitments; documentary letters of credit, bills of lading, contracts of sale; Shares in funds or economic resources and documents certifying their ownership; funding or any other document providing export financing;
Blocking funds - to prevent any transfer of funds, access to funds and uses of funds in any way that would cause a change in the volume, nature, location, owner, possession, destination or other change that would allow the use of funds including portfolio management;
Economic resources - assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but can be used to obtain funds, goods or services;
Blocking economic resources - preventing the use of economic resources to obtain funds, goods or services in any way, including through sale, lease or mortgage.
Article 3. The purpose of international restrictive measures
international restrictive measures imposed by Moldova aim to establish and maintain international peace and security, respect for human rights and fundamental freedoms, preventing and combating terrorism, developing and consolidating democracy and rule of law in accordance with principles of the United Nations Charter, international law norms and obligations assumed by Moldova internationally. Article 4. International

Moldova restrictive measures apply to the following international restrictive measures:
a) the breaking, suspension or reduction of diplomatic relations with a country;
B) the suspension or termination of international treaties;
C) cancellation or boycotting official visits of international events;
D) total or partial suspension of economic relations;
E) freezing of funds or economic resources;
F) restrictions on the import, export, transit, services, transport and communications;
G) arms embargo or other strategic goods;

H) overflight restrictions;
I) declaring certain foreign nationals or stateless persons as persona non grata or undesirable;
J) prohibition of entry and transiting the territory of Moldova applied to foreign citizens or stateless persons;
K) other restrictive measures established by international law.
Article 5. The direct application of measures
international restrictive
(1) The sanctions adopted by the Security Council of the United Nations in accordance with art. 41 of the UN Charter and the decisions of sanctions committees established by those resolutions are directly applicable, constitute rights and obligations for public authorities and institutions, legal and physical persons or any other subject of law in Moldova.
(2) public authorities and institutions in Moldova in their areas of competence, are obliged to implement the sanctions provided in par. (1) of this Article, without the need to issue normative acts or decisions referred to in art. 8 to 11 of this Law.
(3) If sanctions under par. (1), to the extent that they are not detailed at international level by laws directly applicable shall adopt corresponding national legislation necessary for their application, which will determine the measures necessary for the implementation, indicating the type and content of international sanctions, people and their designees. The draft normative acts developed by the national public authorities and institutions responsible for their implementation and adopted by the Government.
(4) The provisions of national law can not be invoked to justify non-compliance or non-implementation of sanctions under par. (1). Article 6. The adoption of restrictive measures


The way international Moldova international adopt restrictive measures on their own initiative and how to align the Republic of Moldova to the restrictive measures imposed by the European Union acts, acts of other international organizations or by unilateral decisions of other states are set to art. 7-11.
Article 7. Align restrictive measures

International (1) alignment to international restrictive measures imposed by the European Union acts, acts of other international organizations or by unilateral decisions of other states is carried out by a decision of alignment.
(2) The decision on Moldova's alignment to the restrictive measures as those referred to in art. 4 letter c), e), h), i) and j), established by acts of the European Union or other international organizations shall be adopted by the Ministry of Foreign Affairs and European Integration after consulting the Prime Minister and the authorities and relevant government institutions.
(3) decision on Moldova's alignment to the restrictive measures provided for in art. 4 letter e) will be preceded also compulsory to consult the Ministry of Finance, Ministry of Economy, National Bank of Moldova and, if necessary, other competent public authorities and institutions.
(4) The decision on Moldova's alignment to the restrictive measures as those referred to in art. 4 letter a), b), d), f) and g), established by acts of the European Union or other international organizations shall be adopted by the President of Moldova, Parliament or Government based legal powers that it holds each and how established in art. 8-11.
(5) Notwithstanding the provisions of paragraph. (4) of this Article, the Ministry of Foreign Affairs and European Integration, after consulting the competent public authorities and institutions, adopt any decision on alignment with EU restrictive measures and other international organizations referred to in art. 4 of this law if these measures are in place to achieve effective sanctions adopted by the Security Council of the United Nations in accordance with art. 41 of the UN Charter.
(6) The decision on Moldova's alignment with the restrictive measures imposed by other states' unilateral decisions shall be taken by the competent public authorities in accordance with art. 8-11.

(7) If necessary, the proposal of the Ministry of Foreign Affairs and European Integration, responsible public authority or institution may be convened ad hoc consultative meetings prior to the decision on the alignment of EU restrictive measures and other organizations or international states in para. (2) - (6). Representative of the Ministry of Foreign Affairs and European Integration will chair the respective meetings.
(8) The Ministry of Foreign Affairs and European Integration will inform the EU or other international organizations or countries Moldova's decision to align with the restrictive measures imposed by them. Article 8.

international restrictive measures politico-diplomatic
(1) Parliament, the Presidential proposal, decide to break or suspend diplomatic relations between Moldova and another state in accordance with international law. The government may submit Presidential initiative on breaking or suspending diplomatic relations between Moldova and another state.
(2) The President of Moldova, the Government proposal, approved by reducing the level of diplomatic relations change in rank of diplomatic mission.
(3) The public authority responsible for the decision on the consent of the Republic of Moldova to be bound by an international treaty adopted the decision on suspension or denunciation.
(4) The President of Moldova, Parliament or the Government, based on their legal powers decide to cancel official visits to Moldova or outside Moldova or boycott by Moldova to international events. Ministry of Foreign Affairs and European Integration notify other states and international organizations on this decision.
(5) The Ministry of Foreign Affairs and European Integration, ex officio or at the proposal of the competent bodies, with the consent of the Prime Minister declared persona non grata a member of the diplomatic staff, excluding foreign head of mission or a consular officer, the also declared undesirable person as any other member of staff of the mission or the consular staff. With permission of the President of Moldova, Ministry of Foreign Affairs and European Integration declare as persona non grata a foreign diplomatic mission chief. Article 9. international restrictive measures

economic and financial
(1) Parliament, the Government's proposal, decide to suspend all or part of economic relations with other states or non-state entities.
(2) Parliament, the Government's proposal, decide to fix embargo and other restrictive measures on strategic goods, including arms, under Law no. 1163-XIV of 26 July 2000 on the control of export, import and transit of strategic goods.
(3) The Government will impose restrictions on import, export, transit, services, transport and communications subject to certain restrictions and / or certain categories of goods, except as provided in par. (2).
(4) Government decides freezing of funds or economic resources. Notwithstanding this provision, if the Republic of Moldova align the restrictive measures on freezing of funds or economic resources imposed by the European Union or other international organizations, the provisions of Art. 7 paragraph. (2) and (3).
Article 10. International Restrictive Measures
for ensuring peace, security
and public order
(1) Government decides overflight restrictions applying. Notwithstanding this provision, if the Republic of Moldova align overflight restrictions imposed by the European Union or other international organizations the provisions of Art. 7 paragraph. (2).
(2) The Government, on proposal of the Ministry of Foreign Affairs and European Integration and other authorities, decides on entry bans or transiting the territory of the Republic of Moldova on foreign citizens or stateless persons who are subject to restrictive measures against international or which Moldova It wants to introduce such measures. Notwithstanding this provision, if the Republic of Moldova align the restrictions on movement imposed by the European Union or other international organizations the provisions of Art. 7 paragraph. (2).

Article 11. Other international restrictive measures
(1) The competent public authorities may adopt and implement further restrictive measures in accordance with international law and the international treaties to which Moldova is party.
(2) The restrictive measures not provided for in art. 8-10 are adopted and applied by the competent public authorities established by law and in accordance with international treaties to which Moldova is party.
Modification or lifting of Article 12.
international restrictive
(1) Amendment or repeal of normative acts adopted in accordance with Art. 7-11 is done by issuing public authority.
(2) issuing public authority is obliged to review the normative act adopted pursuant to art. 7-11 if the circumstances that led to the adoption of international restrictive measures have essentially changed or no longer exists.
(3) national acts taken to implement the sanctions provided in Art. 5 paragraph. (3) will be subject to amendment or repeal by adopting new legislation immediately after the modification, extension, suspension or repeal of the resolutions and decisions of sanctions committees established by those resolutions under Art. 5.
Article 13. Implementation of measures
international restrictive
(1) Public authorities ensure the implementation of international restrictive measures in accordance with this law and the mechanisms established by each public authority competent in his area of ​​responsibility.
(2) The decisions of the competent public authorities on the application of restrictive measures adopted in accordance with Art. 5 and art. 7-11 can be challenged under the laws in force.
Article 14. Entry into force and publication
acts concerning measures
international restrictive
(1) Resolutions adopted by the Security Council of the United Nations which stipulates, modified, extended, suspended or stood international sanctions under Art. 41 of the UN Charter are presented to the public by the Minister of Foreign Affairs and European Integration, to be published in the Official Gazette of the Republic of Moldova within 10 days of the adoption of those resolutions.
(2) The normative acts in alignment with international restrictive measures provided for in art. 7 paragraph. (2) - (6) along with the state language text of the documents establishing that those measures come into force and published in the Official Gazette of the Republic of Moldova according to the legislation.
(3) The normative acts regarding the modification, extension, suspension or lifting of international restrictive measures provided for in art. 7 paragraph. (2) - (6) along with the state language text of the documents by which modified, extended, suspended or amounts those measures come into force and published in the Official Gazette of the Republic of Moldova according to the legislation.
(4) which establishes legal acts, modified, extended, suspended or amounts of international restrictive measures provided for in art. 1 letter d) enters into force and published in the Official Gazette of the Republic of Moldova according to the legislation.
(5) official documents mentioned in para. (1) - (4) shall be published on the official website of the Government and on the websites of public authorities and institutions responsible for issuing and / or implementation thereof.
Article 15. Information exchange and interaction

between competent authorities and institutions (1) The Ministry of Foreign Affairs and European Integration shall without delay notify in writing to the Government and the competent public authorities and institutions about the adoption, amendment, renewal, suspension or lifting of restrictive measures binding international Moldova as well and international restrictive measures adopted by other states or international organizations that, in its view, Moldova could align.
(2) public authorities and institutions, as well as natural and legal persons shall inform the Ministry of Foreign Affairs and European Integration of situations regarded as a violation of international restrictive measures.

(3) The Ministry of Foreign Affairs and European Integration, other authorities and public institutions will notify law enforcement about the breach of international restrictive measures.
(4) The Ministry of Foreign Affairs and European Integration informs the Supreme Security Council on issues and decisions related to national security area to be examined in the Council.
(5) public authorities and institutions shall inform the Ministry of Foreign Affairs and European Integration quarterly and upon request, the action taken for the implementation of international restrictive measures mandatory for Moldova.
(6) The Ministry of Foreign Affairs and European Integration will inform international organizations that have adopted restrictive measures binding international Moldova on actions taken internally.
(7) public authorities and institutions interact with each other and collaborate with competent authorities of other states under the law, including the exchange of data and information for effective implementation of international sanctions.
(8) Cooperation between public authorities and institutions for implementation of this law is carried out so as to enable easy and efficient data and information. Exceptions

Article 16. (1) The competent public authorities may determine exemptions for specific reasons, entities or assets if the resolutions set out in art. May provide this right for the Member States of the United Nations.
(2) If the Republic of Moldova align the restrictive measures imposed by acts of the European Union, other international organizations or by unilateral decisions of other states, public authorities referred to in art. 7-11 when adopting normative act or subsequently may prescribe certain exceptions if they are admissible and do not contradict the purpose of international restrictive measures.
(3) To obtain an exception to international restrictive measures, any person may, in writing, a request the public authority responsible for implementing those measures according to this law, which will be accompanied by all relevant documents.
(4) before the competent public authority shall decide on granting the requested exception after consulting the Ministry of Foreign Affairs and European Integration on its compliance with international law, to be sent within 5 working days of receiving the request from public authorities competent.
(5) The response to the request to par. (3) communicated to the applicant by the competent public authority in writing within 15 working days of receiving it. If requesting an exception to satisfy essential needs or for humanitarian reasons, the response of the competent authority shall be notified within 10 working days of receipt.
(6) In granting the exception under par. (3) of this Article, the competent public authority shall take all measures necessary to prevent its use for purposes incompatible with the reason that was given, meet the requirements of international documents that establish that the restrictive measure.
Article 17. Supervision of the implementation

international restrictive measures (1) The supervision of the implementation of international restrictive measures shall be the responsibility of public authorities responsible according to their powers. Surveillance mechanism on the implementation of international restrictive measures is established and approved by every competent public authority or in part.
(2) The competent public authorities without delay inform
Government and the Ministry of Foreign Affairs and European Integration about situations that prevent the implementation of international restrictive measures. Article 18. Record restrictive measures


International (1) The Ministry of Foreign Affairs and European Integration keep centralized records of all binding international restrictive measures in place, including the Republic of Moldova aligned or that it applied its own initiative. Information concerning restrictive measures shall be published on the official website of the Ministry of Foreign Affairs and European Integration in a separate compartment.

(2) The Ministry of Finance keeps the database on the implementation of international restrictive measures concerning the freezing of funds and economic resources.
(3) public authorities and institutions mentioned in art. 13 para. (1) keep their own databases on the implementation of international restrictive measures in their respective fields.
(4) Keeping track of international restrictive measures is under the law on the protection and processing of personal data.
(5) The information contained in the databases mentioned in para. (2) and (3) with the exception of classified information will be stored for a period of 10 years from the termination of international restrictive measures.
Article 19. Responsibility for violation
Violations of international restrictive measures
attracts the restrictive measures in accordance with international law. Property and funds seized are subject to restrictive measures in accordance with international law.
Article 20. Final and transitional
(1) The Government, within 3 months:
- will submit proposals to bring legislation in line with this law;
- Will put its normative acts in compliance with this law.
(2) Within 30 days from the date of entry into force of this law, the Foreign and European Integration Minister of Foreign Affairs will forward the order and list of European integration with existing resolutions of the Security Council of the Organization United Nations that international sanctions were imposed under art. 41 of the UN Charter to be published in the Official Gazette of the Republic of Moldova.