DECISION OF ECONOMIC COUNCIL OF COMMONWEALTH OF INDEPENDENT STATES

of December 27, 2006

About the overview of trade policy of the Republic of Moldova

The economic council of the Commonwealth of Independent States solved:

1. Take into consideration the overview of trade policy of the Republic of Moldova.

2. Send the provided Overview to the governments of the State Parties of the CIS for informing the interested ministries and departments.

3. Charge to Executive committee of the CIS to publish in a month the specified Overview and post it on the website of Executive committee of the CIS on the Internet.

Executive committee of the Commonwealth of Independent States

Overview of trade policy of the Republic of Moldova

The overview of trade policy of the Republic of Moldova is constituted according to the Procedure for carrying out reviews of trade policy of the State Parties of the CIS approved by the Decision of Economic council of the Commonwealth of Independent States of March 15, 2002.

The overview is prepared by Executive committee of the CIS based on the national report provided by the Ministry of Economy and Trade of the Republic of Moldova.

The purpose of reviews of trade policy is achievement by the State Parties of the CIS of transparency of trade policy, assistance to observance of the rules, regulations and obligations fixed in international treaties and documents concerning forming and effective functioning of the free trade area and also regular carrying out objective assessment of the main indicators of trade policy and practice of the states of the Commonwealth, their influence on development of mutual trade.

1. Mode of trade policy

Institutional framework

According to the Constitution of the Republic of Moldova and other existing legal acts Government of the Republic of Moldova performs carrying out effective trade policy of the state, and also:

- regulates activities of all industries of economy and subjects of property in the territory of the Republic of Moldova, using economic and legal means;

- takes measures for ensuring freedom of trade and entrepreneurship, protection of fair competition, creating favorable conditions for use of all production factors;

- will organize and performs foreign economic activity, etc.

The central executive body determining and realizing state policy in the field of trade, and also performing state regulation, research of condition and preparation of forecast indicators of development of this area is the Ministry of Economy and Trade of the Republic of Moldova. The Ministry of Economy and Trade coordinates work of all government institutions working in the field of trade policy of the state.

Purposes of trade policy

Trade policy represents the important strategic tool on the way of achievement of long-term goals of economic development, increase in efficiency of settlement and adaptation to new conditions of globalization. The policy of the state in the field of foreign trade is performed by means of application of economic and administrative methods according to the existing regulations, and also international treaties.

The relations of the Republic of Moldova with other states in the field of foreign trade are under construction on the basis of respect for the conventional principles and rules of international law and obligations following from the international treaties signed by the Republic of Moldova.

State policy in the field of foreign trade is performed by means of customs and tariff regulation (application of import customs tariffs), introduction in accordance with the established procedure of special duties (special, anti-dumping and compensatory) and non-tariff regulation (in particular, by quoting and licensing) foreign trade activity according to legislative and regulations, and also international treaties, one of the parties of which is the Republic of Moldova. The state provides compliance of the protective measures established by it, restrictions and prohibitions in the field of foreign trade activity to the reasons which caused need of their introduction. At the same time preference is given to those protective measures, restrictions and prohibitions which cause the minimum damage to implementation of these activities and do not contradict the international standards.

Main objectives of trade policy of the Republic of Moldova determine the legal, economic and organizational basis of the external economic policy in general directed on:

- forming of conditions for deepening of integration into world economy and as the member of the WTO assistance in realization of the commonly accepted regulations and rules in the world, observance of the international obligations and the principles of foreign trade activity;

- liberalization of trade policy; carrying out the flexible customs and tariff policy reacting to tactical changes of the world market;

- protection of interests of producers;

- assistance to promotion of the Moldavian products on the foreign markets;

- achievement of high competitiveness of domestic goods both on internal, and in the foreign markets;

- assistance to actions for quality assurance of the imported products for protection of the rights and safety of consumers;

- protection of interests of the national market against adverse effect of foreign competition.

Considering the above-stated purposes, the Government of the Republic of Moldova took number of the measures in the course of forming of trade policy directed to increase in social and economic situation of the country. Now the Ministry of Economy and Trade of the Republic of Moldova developed Strategy on investment attraction and promotion of export for 2006 - 2015 which was approved by the Order of the Government of the Republic of Moldova No. 1288 of November 9, 2006.

Connection of two directions of economic policy, such as investment attraction and promotion of export, creates basis for the economic growth of the country and growth in prosperity of the population. Special significance is attached to investment attraction to the sectors and industries of national economy oriented to export capable to involve new developments (know-how), to provide high profit and to create effective economic and technical infrastructure.

The purposes of this Strategy and methods on promotion of national products are based on further market development and optimization of use of traditional tools for export development (participation in the international exhibitions, economic missions, the trade missions in other countries). Consulting services are in case of need rendered to potential exporters on acquisition of useful information for establishment of new business contacts with foreign partners, for calculation of the costs or investments enclosed in technological developments.

The specified Strategy determines the specific and effective principles of development of activities of investment attraction and promotion of export by means of creation of favorable business environment which will promote growth of export activities and increase in trust of potential investors to the economic policy pursued by government institutions.

Now the Republic of Moldova supports external commercial relations with 93 countries. In cooperation with them progress in many areas, in particular, in export-import transactions is noted.

Regulatory framework

Laws of the Republic of Moldova:

- The constitution of the Republic of Moldova of July 29, 1994;

- Law on the government budget;

- The law on the Government No. 64-XII of May 31, 1990;

- The law on the companies and business activity No. 845-XII of January 3, 1992 (with subsequent changes and amendments);

- The law on lease No. 861-XII of January 14, 1992;

- The law on restriction of exclusive activities and development of the competition No. 906-XIII of February 29, 1992;

- The insurance law No. 1508-XII of June 15, 1993 (with subsequent changes and amendments);

- The law on sanitary and epidemiologic providing the population No. 1513-XII of June 16, 1993;

- The law on veterinary activities No. 1538-XII of June 23, 1993;

- The law on grapes and wine No. 131-XIII of June 2, 1994;

- The law on trade secret No. 171-XII of July 6, 1994;

- The law on departure from the Republic of Moldova and entry into the Republic of Moldova No. 269-XII of November 9, 1994;

- The law on legal status of foreign citizens and legal position of foreign citizens and persons without citizenship in the Republic of Moldova No. 275-XII of November 10, 1994;

- The copyright law and the related rights No. 293-XIII of November 23, 1994;

- The law on financial accounting No. 426 of April 4, 1995;

- The law on patents for inventions No. 461-XIII of May 18, 1995;

- The law on phytosanitary quarantine No. 506-XIII of June 22, 1995;

- The law on National Bank of Moldova No. 548-XIII of July 21, 1995;

- The law on financial institutions No. 550-XII of July 21, 1995;

- The law on trademarks and names of places of goods origin No. 588-XIII of September 22, 1995;

- The law on standardization No. 590-XIII of September 22, 1995;

- The law on television and radio No. 603-XIII of October 3, 1995;

- The law on the free enterprise zone "Ekspo - Business Chisinau" No. 625-XIII of November 3, 1995;

- The law on road fund No. 720-XIII of February 2, 1996;

- The law on audit No. 729-XIII of February 15, 1996;

- The law on protection of plant varieties No. 915-XIII of July 11, 1996;

- The law on protection of industrial drawings and models No. 991-XII of October 15, 1996;

- The tax code No. 1163-XIII of April 24, 1997;

- The law on purchases of goods, works and services for the state needs No. 1166-XII of May 30, 1997;

- The law on customs tariff No. 1380-XIII of November 20, 1997;

- The law on the free enterprise zone of Tvardits No. 626-XIII of February 13, 1998;

- The law on the free enterprise zone "The production Valkanesh park No. 1527-XIII of February 19, 1998;

- The law on the free enterprise zone "The production Otach-business park No. 1565-XIII of February 26, 1998;

- The law on anti-dumping, countervailing and protective measures No. 820-XIV of February 17, 2000;

- The law on technical barriers in trade No. 866-XIV of March 10, 2000;

- The law on state regulation of foreign trade activity No. 1031-XIV of June 8, 2000;

- The customs code No. 1149-XIV of July 20, 2000;

- The law on free enterprise zones No. 440-XV of July 27, 2001;

- The law on licensing of separate types of activity No. 451-XV of July 30, 2001;

- The law on the free enterprise zone "Ungen-business" No. 1295-XV of July 25, 2002;

- The law on procedure for import to the Republic of Moldova and export from its territory of property physical persons No. 1569-XV of December 20, 2002;

- The marine life protection act of consumers No. 105-XV of March 13, 2003;

- The law on assessment of conformity of products No. 186-XV of March 24, 2003;

- The law on pre-shipment inspection No. 265-XV of June 26, 2003;

- The law on application of temporary protective measure No. 8-XV of February 5, 2004;

- The law on investments into business activity No. 81-XV of March 18, 2004;

- The law on leasing No. 59-XVI of April 28, 2005.

Orders of the Government of the Republic of Moldova:

- The resolution on actions for issuance of bills of exchange No. 659 of September 5, 1994;

- The resolution on organization of Public service on phytosanitary quarantine No. 697 of October 10, 1995;

- The resolution on the prevention of illegal import and realization of chemical and biological means, held for use in rural and forestry, in the territory of the Republic of Moldova No. 740 of November 2, 1995;

- about approval of the Regulations on production of wines and other products of winemaking with the name by origin No. 760 of November 10, 1995;

- The resolution on enhancement of the mechanism of regulation of foreign economic relations No. 371 of June 6, 1996;

- The resolution on the Charter of the State agency on protection of industrial property of the Republic of Moldova No. 743 of December 31, 1996;

- The resolution on approval of the Regulations on procedure for application of the Customs convention on international delivery of loads using TIR cornet (The convention TIR, 1975) No. 1086 of November 25, 1997;

- The resolution on interaction of services, streamlining of collection of payments and automation of system of accounting in case of control at check points on frontier of the Republic of Moldova No. 808 of August 9, 2000;

- The resolution on accomplishment of the obligations undertaken by the Republic of Moldova before the WTO, No. 1035 of October 16, 2000;

- The resolution on declaration of goods by economic agents of east regions of the Republic of Moldova No. 1001 of September 19, 2001;

- The resolution on approval of the Agreement on the main directions of cooperation the participating states of the Commonwealth of Independent States in the field of consumer protection No. 1333 of December 3, 2001;

- The resolution on approval of the Regulations on procedure for declaring of customs value of the goods imported on the territory of the Republic of Moldova, No. 600 of May 14, 2002;

- The resolution on rules of goods origin No. 1599 of December 13, 2002;

- The resolution on approval of the Commodity nomenclature of the Republic of Moldova No. 54 of January 26, 2004;

- The resolution on approval of the Regulations on movement of goods through internal control customs posts No. 792 of July 8, 2004;

- The resolution on measures for regulation of import and export transactions No. 876 of July 30, 2004;

- The resolution on approval of the Regulations on procedure for administration of the tax liabilities of economic agents from settlements of the Left bank of Dniester and Bender No. 1330 of December 1, 2004;

- The resolution on streamlining of import to the Republic of Moldova of the goods made in the territory of member countries of the Pact of stability for Southeast Europe, No. 484 of May 30, 2005;

- The resolution on some measures for production of wines with the name by origin No. 551 of June 7, 2005;

- The resolution on approval of the Regulations on the main conditions of import/export and transit of electrical energy No. 583 of June 15, 2005;

- The resolution on confirmation of basic guarantees to the population of Transnistria No. 814 of August 2, 2005;

- The resolution on regulation of flows of the loads which are subject of foreign trade activity of Transnistria, No. 815 of August 2, 2005;

- The resolution on settlement of import and realization of some, being in the use goods of private use, No. 891 of August 24, 2005;

- The resolution on approval of the Action plan on delegation of power in the field of certification of goods origin from Chamber of Commerce and Industry to Customs Service No. 909 of August 26, 2005;

- The resolution on approval of the Regulations on import, storage, realization and application of means of phytosanitary appointment and the means increasing fertility of the soil, No. 1045 of October 5, 2005;

- The resolution on approval of the Regulations on enforcement of the customs appointments provided by the Customs code of the Republic of Moldova, No. 1140 of November 2, 2005;

- The resolution on approval of the System concept of risk management in Customs Service No. 1144 of November 3, 2005;

- The resolution on approval of the Regulations on activities of the customs broker and the specialist in customs clearance No. 1290 of December 9, 2005.

Resolution of Parliament of the Republic of Moldova:

- The resolution on the Concept of tax reform No. 1165-XIII of April 24, 1997.

Regulatory legal acts of Customs Service of the Republic of Moldova:

- The order on execution of customs papers in case of customs clearance of the goods which are subject of the external economic transactions, No. 276-O of November 24, 2002;

- Regulations on procedure for compensation of the amounts of customs duty No. 5558 of August 4, 2003;

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