ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of October 18, 2007 No. 1136

About some measures for execution of the Law No. 419-XVI of December 22, 2006 on debt of the public sector, the state guarantees and the state recrediting

For the purpose of execution of Item c) parts (3) article 51 of the Law No. 419/2006 on debt of the public sector, state guarantees and state recrediting (repeated publication: The official monitor of the Republic of Moldova, 2014, Art. No. 379-399, 704) DECIDES: the Government

1. Approve:

Regulations on the reporting under debt of the public sector according to appendix No. 1;

Regulations on the Report of public debt according to appendix No. 2;

Regulations on the Report of the state guarantees according to appendix No. 3;

Regulations on the Report of the state recrediting according to appendix No. 4;

Regulations on the state recrediting, according to appendix No. 5;

Regulations on determination of the size of hazard pay by provision of the state guarantee according to appendix No. 6;

Regulations on rules of implementation of borrowing and use of external and internal state loans according to appendix No. 7;

Regulations on the reporting under the guaranteed debtors before the Ministry of Finance, according to appendix No. 8;

Regulations on procedure for the conclusion of the agreement on acceptance on the debt obligation / provision of guarantees on the credits executive bodies of administrative and territorial units, according to appendix No. 9;

Regulations on the Report on debt and the Report on guarantees of administrative and territorial units, according to appendix No. 10.

2. Declare invalid the Order of the Government No. 645 of July 10, 1997 "About approval of the Regulations on the Report of public debt and Regulations on the Report of the state guarantees on the credits" (The official monitor of the Republic of Moldova, 1997, Art. No. No. 54-55, 589).

3. To impose control over the implementation of this resolution on the Ministry of Finance.

 

Prime Minister

Vasile Tarlev

Countersigns: Minister of Finance

Mihail Pop

Appendix №1

to the Order of the Government of the Republic of Moldova of October 18, 2007 No. 1136

Regulations on the reporting under debt of the public sector

I. General provisions

1. The regulations on the reporting under debt of the public sector (further – the Provision) are developed according to part (4) article 12 of the Law No. 419/2006 on debt of the public sector, the state guarantees and the state recrediting for the purpose of establishment of the procedure of the reporting and monitoring of debt of the public sector, contingent obligations following from agreements on provision of the state guarantees / guarantees of administrative-territorial units / guarantees of the state/municipal companies and commercial societies with completely or mainly public capital.

2. The concept "debt of the public sector" used in this Provision is determined in article 2 of the Law No. 419/2006 on debt of the public sector, the state guarantees and the state recrediting.

3. The reporting shall contain data on the cost corresponding to each tool generating debt of the public sector which include debt remaining balance at the time of entry into force of this provision.

4. The periodic reporting contains information on use, repayment of the main amount, percent and other payments, and also on debt remaining balance, the cumulative overdue payments, penalty fee, contingent obligations following from agreements on provision of the state guarantees / guarantees of administrative-territorial units / guarantees of the state/municipal companies and commercial societies with completely or mainly public capital and any opportunities of review of payment terms of debt.

5. The reporting under debt is provided depending on case in contract currency or the issued bonds. The reporting under bonds (except for government bonds) is submitted at par value.

6. Reports are submitted to the Ministry of Finance to the 25th following reporting quarter according to appendices to this Provision.

II. Requirements to the reporting

7. Requirements to the reporting belong to all tools generating debt of the public sector which were provided for the term of one year and more, the contingent obligations following from agreements on provision of the state guarantees / guarantees administratively - territorial units / guarantees of the state/municipal companies and commercial societies with completely or mainly public capital.

8. The National Bank of Moldova, bodies of local public authority, the state/municipal companies and commercial societies with completely or mainly state capital, and also beneficiaries of the internal or external loans issued under guarantee state/guarantee of administrative and territorial units quarterly provide to the Ministry of Finance information necessary for the reporting and monitoring of the amounts of debts, money withdrawal and debt servicings of the public sector, contingent obligations following from agreements on provision of the state guarantees / guarantees of administrative-territorial units / guarantees of the state/municipal companies and commercial societies with completely or mainly public capital according to appendix No. 2 to this Provision or through computer system of accounting of external debt.

9. The first reporting of the state/municipal companies and commercial societies with completely or mainly public capital and administrative and territorial units is submitted to the Ministry of Finance within 10 days from the date of agreement signature and/or provision of a guarantee according to appendix No. 1 to this Provision, and also the copy of the agreement signed by the debtor and the creditor in case of loans. In case of provision of a guarantee by administrative and territorial units, the state/municipal companies and commercial societies with completely or mainly the public capital for loans the guarantor represents the copy of the agreement on provision of a guarantee and the copy of the loan agreement.

10. The first reporting under bonds (except for government bonds) for the state/municipal companies and commercial societies with completely or mainly state capital and administrative and territorial units, is submitted to the Ministry of Finance within 10 days from the date of issue according to appendix No. 3 to this Provision.

11. In case of loans in the form of bonds (except for government bonds) the quarter reporting is submitted to the Ministry of Finance according to the published issue conditions according to appendix No. 4 to this Provision.

11-1. Resident creditors of the public sector quarterly provide to the Ministry of Finance information on the amounts of debts for the term of one year and more, to the issued state/municipal companies, commercial societies with completely or mainly state capital and to administrative and territorial units, and also about remaining balance of their debt according to appendix No. 5 to this Provision.

11-2. Bodies of the central and local public authority and public bodies as founders of the state/municipal companies and as shareholders of commercial societies with completely or mainly the public capital represent to the Ministry of Finance the list of subjects which obtained loans for one year and more and provided guarantees for loans for one year and more, with indication of data on remaining balance of debt and the name of the creditor, to the 25th which is directly following reporting quarter.

11-3. Administrative and territorial units, the state/municipal companies and commercial societies with completely or mainly the public capital represent to the Ministry of Finance the quarterly reporting on the guarantees provided by them for loans for the term of one year and more according to appendix No. 6 to this Provision.

11-4. The National Bank of Moldova, banks with completely or mainly public capital which have obligations in the form of deposited money represent to the Ministry of Finance the quarterly reporting on the attracted deposits for the term of one year and more, with charge or without charge on them of percent, or with receipt of any other benefit according to appendix No. 7 to this Provision.

12. Based on the acquired information Ministry of Finance registers all internal and/or external loans with repayment period one year and more, all contingent obligations following from agreements on provision of the state guarantees / guarantees of the state/municipal companies and commercial societies with completely or mainly public capital in analysis system and financial management of administration of debt of the public sector.

12-1. In case after submission of information there were changes, they are represented to the Ministry of Finance within 10 working days.

13. After processing of the acquired information, the Ministry of Finance will count debt of the public sector in national currency, proceeding from the official rate of Moldovan leu the last day of month under report. The Ministry of Finance includes information on amount and the status of debt of the public sector, the state guarantees and the state recrediting in the quarterly statements on execution of the State Budget represented to the Government and Parliament.

14. The Ministry of Finance represents to the Government and Parliament quarterly, within 70 days after the termination of the respective quarter, the quarterly statement on situation in the field of debt of the public sector, the state guarantees and the state recrediting and within 90 days after the termination of the corresponding year – the annual statement about situation in the field of debt of the public sector, the state guarantees and the state recrediting.

15. Changes in remaining balance of debt of the public sector and remaining balance of the state guarantees / administrative-territorial units / the state/municipal companies and commercial societies with completely or mainly public capital, included in the report on situation in the field of debt of the public sector, the state guarantees and the state recrediting, are reflected in the report note in the next accounting period.

16. Responsibility for representation at the scheduled time and accuracy of the data in information necessary for monitoring of debt of the public sector, carries the official. Failure to meet requirements on provision of information necessary for monitoring of debt of the public sector, is subject to punishment according to the Code about offenses.

Appendix №1

to Regulations on the reporting under debt of the public sector

The report on the first registration of loans/guarantees in the Ministry of Finance *

Reporting date

1. Beneficiary

2. Name of loan

3. Number of loan

4. Tranche

5. Creditor

6. Agreement signature number

7. Purpose of loan

8. Loan amount

9. Loan currency

10. Total amount of the withdrawn money **

11. Debt remaining balance on reporting date

12. Ceased to be valid

13. Ceased to be valid

14. Ceased to be valid

15. Ceased to be valid

 

________________________________ ________________________________
          Podpis of the head           subject Podpis of person which constituted the report

_________________________

* For everyone tranches of loan the separate form is filled

** in loan currency

The instruction for filling of the report on the first registration of loans/guarantees in the Ministry of Finance

The report on the first registration of loans in  the Ministry of Finance is prepared and once with indication of situation with loan on reporting date is represented.

The report contains 15 Items which are filled by the following principle:

Reporting date: Date of filling of the report with the economic agent.

1. Beneficiary: The name of unit which concluded will jam/provided guarantee.

2. Name of loan: The name of loan according to which the report is submitted.

3. Number of loan: Number of loan assigned by the creditor.

4. Tranche: Tranche - part of loan which can reflect different payment terms depending on interest rate or/and currency. Tranche in details shows monitoring of each part of loan. For everyone tranches of loan it is necessary to fill and submit the separate report.

5. Creditor: The name of credit division which grants loan.

6. Signature date of the agreement: Date when the loan agreement was signed. In case signature date of the agreement the creditor and signature date of the agreement debtor different, is considered signature date of the agreement later signature date which confirms the conclusion of the agreement. 

7. Purpose of loan: Short description of appointment (purpose) of loan.

8. Loan amount: The amount specified in the loan agreement as the total amount which can  be received from the creditor. The amount is reflected in loan currency.

9. Loan currency: Currency or unit of account in which the loan according to the credit agreement (origin currency) was granted.

10. Total amount of the withdrawn money: The amount of the means received since the beginning of loan to reporting date. The amount is reflected in loan currency.

11. Debt remaining balance: Outstanding  loan amount, including overdue payments if are available, on reporting date. The amount is reflected in loan currency.

12. Ceased to be valid.

13. Ceased to be valid.

14. Ceased to be valid.

15. Ceased to be valid.

This report is signed by person responsible for creation of the report, and the head of reporting unit and it is represented to the Ministry of Finance.

Appendix № 2

to Regulations on the reporting under debt of the public sector

Quarterly reporting on money withdrawal and debt servicing of the public sector

1. Reporting date ____________

2. Beneficiary of _______________________                   3. Accounting period ____________________

4. Number of loan _____________ 5. _________    6 tranche. Creditor ___________________________

7. Money withdrawal deadline ___________________    8. Prolongation of deadline of money withdrawal _____ 

9. __________________________               10 loan currency. Contract value ___________________

11. Increase in loan amount ** _______________             12. Date of increase in loan ____________

13. Cancellation of loan amount ** ___________          14. Date of cancellation _________________

15. The funds withdrawn  in the previous reporting quarter **: _____________________________

16. Debt remaining balance on reporting date ** _______________     

17. The funds withdrawn in reporting quarter (in tranche currency)  

Date	Payment type	Currency	Amount	Remaining balance of unused loan amounts
	Total

18. The forecast of money withdrawal until the end of loan (in tranche currency):
Month/Year	Payment type	Currency	Amount	Remaining balance of unused loan amounts
	Total

19. Data on servicing in the accounting period, including:

19.1. Data on the main amount **:
	№ payment order	Date	Indicators	Amount
	19.1.1		Main amount due
	19.1.2		Main paid amount
	19.1.3		Reeshelonirovanny main amount
	19.1.4		Overdue debt on the main amount
19.2. Data on percent **:
	19.2.1		Percent for payment
	19.2.2		Paid interest
	19.2.3		Reeshelonirovanny percent
	19.2.4		Overdue debt on percent
19.3. Data on sales charge and other payments **:
	19.3.1		Sales charge and other payments for payment
	19.3.2		The paid sales charge and other payments
	19.3.3		Reeshelonirovanny sales charge and other payments
	19.3.4		Overdue debt on sales charge and others payments
19.4. Data on penalty fee **:
	19.4.1		The penalty fee paid
	19.4.2		Overdue debt on penalty fee
______________________________ ____________________________________  The signature of person which constituted the report    Signature of the head of the subject

  _____________________________

* For everyone tranches of loan the separate form is filled

** In loan currency                                                   

Instruction for filling of the quarterly report on money withdrawal and debt servicing of the public sector

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