LAW OF THE REPUBLIC OF MOLDOVA

of November 24, 2023 No. 339

About introduction of amendments to the Law on application of the international rationing arrangements No. 25/2016

The Parliament adopts this organic law.

This law partially shifts the Decision of Council (PESC) 2020/1999 of December 7, 2020 about rationing arrangements against severe violations of human rights and serious abuses of human rights published in the Official magazine of the European Union by L 410 of December 7, 2020, with the amendments made by the Decision of Council (PESC) of September 8, 2023, and also Regulations of Council (EU) 2020/1998 of December 7, 2020 about rationing arrangements against severe violations of human rights and serious abuses of human rights, published in the Official magazine of the European Union by L 410 of December 7, 2020, with the amendments made by Regulations of Council about application (EU) 2023/1715 of September 8, 2023.

Art. I. – In the Law on application of the international rationing arrangements No. 25/2016 (Official monitor of the Republic of Moldova, 2016, Art. No. 140-149, 289), with subsequent changes, to make the following changes:

1. After formula of acceptance to add the law with the following text:

"Chapter I. General provisions".

2. In Article 2:

in the concept "subjects of restrictions" the word of "government" shall be replaced with words "the states, the governments";

after the concept "subjects of restrictions" to add Article with concepts of the following content:

"the physical persons who are taking up important state positions at the international level – the physical persons holding or holding positions of heads of states, heads of governments, members of the governments, state secretaries, heads of the state offices, deputies of national parliaments, judges of the highest trial chambers, members of Audit Chambers and councils of Central Banks, officers of the senior and highest military ranks, members of the leading and administrative authorities of overseas enterprises with the state capital, members of royal families, ambassadors and personnel of the highest rank of diplomatic representations, directors, associate directors and members of administrative boards of international intergovernmental organizations;

the physical persons who are taking up important state positions at the national level – the physical persons borrowing or occupying responsible state positions according to the legislation are or were members of the leading and administrative authorities of the state companies, the municipal companies, and also commercial societies with mainly state capital, the leading persons of political parties and officers of the senior and highest military ranks;";

"funds" to state concept of the following edition:

"funds – the financial means and profit of any nature including, but which are not limited to the following:

a) cash, checks, drafts and other payment instruments, including electronic money;

b) deposits in banks or in other organizations, it is authorized to them to attract with the law deposits, account balances, requirements and debt obligations;

c) financial instruments according to the current legislation, promissory notes;

d) percent, dividends or other income on assets or the surplus value charged on assets or owing to capital gain on them;

e) credits, compensation rights, guarantees, guarantees of proper execution or other financial liabilities;

f) documentary credits, bills of lading, sales agreements;

g) shares in property of funds or the economic resources and documents confirming possession of those;

h) any other means of financing or the document confirming export financing;";

add Article with the concept "control" of the following content:

"control – all situations in which person, without having at least one attribute of the property right to property, has opportunity to dispose of this property of any image without receipt of prior consent of the legal owner or to influence somehow persons or the organizations – subjects of restrictions.".

3. In Item j) Article 4 of the word "and transit through the territory" shall be replaced with words ", transit, stay or stay in the territory".

4. Add the law with Articles 4-1, 4-2, the name of Chapter II and Article 4-3 of the following content:

"Article 4-1. Subjects of restrictions

(1) In addition to the states, the governments of the states and non-state actors, the international rationing arrangements established by means of the acts specified in Article 1, can be turned against the following physical persons or legal entities in the country and abroad:

1) persons who made:

a) acts of genocide;

b) crimes against humanity, against the world and safety of mankind, war crimes;

c) following severe violations of human rights or serious abuses of human rights:

– tortures and others cruel, inhuman or degrading treatments or punishments;

– slavery;

– executions and murders;

– kidnappings;

– arbitrary arrests or detention;

d) other human rights violations or abuses of human rights, including the following violations or abuses, but without being limited to them, in that measure in what such violations or abuses have widespread and systematic character and are part of the incriminated acts according to the legislation of the Republic of Moldova, namely:

– human trafficking, and also abuses of human rights made by persons illegally importing migrants on the territory of other state;

– sexual and gender violence;

– violations or abuses concerning freedom of peaceful assemblies and associations;

– violations or abuses concerning freedom of opinions and their expression;

– violations or abuses concerning freedom of religion or beliefs;

2) persons, which:

a) without making directly act, bear responsibility or are accomplices of executions and murders, acts of tortures or other severe violations of internationally recognized rights of the person made concerning persons of any foreign state on purpose:

– revelations of illegal activities of foreign government employees;

– obtaining, implementation, protection or promotion of internationally recognized rights and human freedoms, such as liberty of conscience, religions, thoughts, beliefs, opinion, expression, peaceful assemblies and consolidation, and also right to fair legal proceedings and democratic elections;

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