ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of May 12, 2016 No. 585

About Council for promotion of investment projects of national value

Based on Item k provisions) article 7 of the Law No. 136/2017 on the Government (The official monitor of the Republic of Moldova, 2017, No. 252, the Art. 412), with subsequent changes, article 2 of the Law No. 174/2021 on the mechanism of consideration of investments, significant for state security (The official monitor of the Republic of Moldova, 2021, Art. No. 280-284, 384) and parts (3) article 12 of the Law No. 182/2010 on industrial parks (The official monitor of the Republic of Moldova, 2010, Art. No. 155-158, 561), with subsequent changes, DECIDES: the Government

1. Create Council for promotion of investment projects of national value.

2. Approve:

structure of Council for promotion of investment projects of national value according to appendix No. 1;

Regulations on the organization and functioning of Council for promotion of investment projects of national value according to appendix No. 2;

Regulations on procedure for consideration and the advance approval of investments, significant for state security, according to appendix No. 3.

3. To give to bodies of the central public management necessary support for the purpose of protection of legitimate interests of investors in case of implementation of investment projects of national value.

4. Declare invalid the Order of the Government No. 873 of August 3, 2007. "About creation of working group on monitoring of inflow of strategic direct foreign investments and the related transactions" (The official monitor of the Republic of Moldova, 2007, Art. No. 127-130, 922).

5. To impose control over the implementation of this Resolution on the Ministry of Economics.

Prime Minister

Paweê Phillip

Countersigns: Deputy Prime Minister, Minister of Economic Affairs

Octavian Kalmyk

Appendix №1

to the Order of the Government of the Republic of Moldova of May 12, 2016 No. 585

Structure of council on promotion of investment projects of national value

Prime Minister, chairman of the board

Deputy prime minister, Minister of Economic Development and digitalizations, vice-chairman of Council

Deputy prime minister, Minister of Agriculture and food industry

Minister of infrastructure and regional development

Minister of Energy

Minister of the environment

Minister of Finance

Minister of Justice

Minister of Internal Affairs

Director of the Agency on investments

Director of Service of information and safety

Director of the National center for fight against corruption

Director of Service of the prevention and anti-money laundering

Chairman of the National commission on the financial market

President of National Bank of Moldova

CEO of the Agency of public property

Director of the Agency of the state services

Director of Customs Service

CEO of the Agency of geodesy, cartography and inventory

Director of the State Tax Administration.

 

Appendix № 2

to the Order of the Government of the Republic of Moldova of May 12, 2016 No. 585

Regulations on the organization and functioning of Council for promotion of investment projects of national value

I. General provisions

1. This Provision establishes the main functions, the rights and procedure for the organization of activities of Council for promotion of investment projects of national value (further – Council).

2. Council performs the activities according to the Constitution and the laws of the Republic of Moldova, international agreements and conventions which party is the Republic of Moldova, other regulations, and also this Provision.

3. Promotion of investment projects of national value, and also significant for state security will be performed on the principles of transparency for the purpose of ensuring effective use of investment opportunities. For the purposes of this provision treat investment projects:

1) the strategic investment projects of national value which are selected by Council based on the criteria developed and approved by it for the purpose of their subsequent monitoring;

2) the investment projects performed in significant areas for state security according to provisions of the Law No. 174/2021 on the mechanism of consideration significant for state security.

II. Main functions of Council

4. The main functions of Council in the field of investment projects of national value are:

1) development and approval of selection criteria of investment projects of national value;

2) selection and approval of the list of investment projects of national value;

3) monitoring of implementation of the investment projects of national value and taking measures connected with their realization;

4) the basic decision on feasibility of the conclusion of investment agreements for the strategic investment projects provided in Regulations on procedure for development, the conclusion and monitoring of implementation of investment agreements on strategic investment projects;

5) monitoring by means of Public organization "Investments Agency", implementation of the investment agreements signed by the Government and also strategic investment projects on which investment agreements according to Regulations on procedure for development, the conclusion and monitoring of implementation of investment agreements on strategic investment projects are signed;

6) monitoring of the investment projects performed in industrial parks;

7) assessment of impact of the investment projects specified in this Item on macroeconomic indicators;

8) submission of offers on entering into the legislation of the changes concerning stimulation of inflow of direct foreign and national strategic investments to national economy, and also elimination of barriers to implementation of investing activities.

4-1. The main functions of Council in the field of investment projects, significant for state security, are:

1) introduction of offers on the list of objects, significant for state security, proceeding from circumstances;

2) introduction of offers on the list of the jurisdictions which are not implementing international standards of transparency proceeding from circumstances;

3) consideration of requests of investors for approval of investments, significant for state security, including the investments which are in process of implementation, irrespective of date of their completion;

4) promotion, monitoring and assessment of investment projects, significant for state security.

5. For the purpose of accomplishment of the Council functions has the right:

1) to cooperate with bodies of the central and local public authority, public institutions, subjects of private sector of the Republic of Moldova and other states;

To request 2) from any the national and other interested state body and/or organization information and/or documents which he considers urgent for the purposes of conducting the activities. The national authority of public management and/or organization shall not refuse consideration and provision of information requested by Council, except as specified, more exhaustively regulated by the regulatory base;

3) to create temporary work groups from highly qualified specialists of state bodies, the companies and non-governmental organizations for assistance to proper implementation of investing and business activity;

4) to hear persons holding responsible positions on the questions which are within the competence of Council;

5) to sign agreements on cooperation with the subjects specified in the subitem 2) in case of observance of legislative provisions on professional secrecy and personal data protection;

6) to appoint organizations, actionees of the made decisions.

III. Organization of activities of Council

6. Council is headed by the Prime Minister, the chairman of the board who is helped the vice-chairman. According to this resolution functioning of the secretariat of Council is ensured by the Agency of the state services. Members of council are heads of industry bodies of public management, law enforcement and monitoring bodies who participate in development and promotion of economic policy of the state and provide control of it.

7. The chairman of the board performs the following main functions:

1) is coordinated by activities and provide accomplishment of powers of Council according to this Provision;

Sets tasks 2) to members of council;

3) convenes meetings of Council and presides over them;

Determines 4) and approves the agenda of meeting.

8. Meetings of Council are convened by its chairman quarterly. Meetings are also convened at the initiative of the chairman or the vice-chairman in process of receipt of requests about the advance approval of investments, significant for state security. Meetings of Council are competent if at them there are at least two thirds from among his members.

9. In the absence of the chairman of its power the vice-chairman performs.

10. Representatives of organizations which are not members of council, or other persons can be invited to meetings of Council if questions which directly or indirectly are within the competence of the organizations which directed the representative are discussed at meeting or there are other reasons for which their presence will be important and useful to work of Council. In decision making process and recommendations only members of council have the right to vote.

11. Decisions of Council are made by a simple majority vote the present members.

12. In case of impossibility of participation in meeting any of members of council, it cannot be replaced.

13. Within the competence Council makes decisions and recommendations which are entered in the minutes. If some members have the opinions other than opinion of most of members of council, they can be stated separately as appendix to the protocol.

14. The secretariat of Council performs the following functions:

Prepares 1) and organizes meetings of Council;

2) in coordination with the chairman of the board constitutes the agenda of meeting and provides the prior notice of all members of council and other persons whose presence is necessary, at least in 5 working days prior to the meeting;

3) is provided by submission of necessary documents to members of council and the invited persons as during proper preparation of meeting, and it is direct on it;

4) prepares drafts of decisions and recommendations as required;

5) is constituted by the minutes;

6) is coordinated by timely placement of the documents relating to activities of Council (the agenda, protocols, reports, researches, etc.), on the official site of the Government of the Republic of Moldova in the Section devoted to activities of Council;

7) prepares drafts of activities reports of Council which are subject to discussion and approval at meeting of Council;

8) develops and publishes press releases about activities of Council if such publication in mass media will be acknowledged necessary and / or useful;

9) is provided by monitoring of execution of instructions of the chairman of the board and the decisions reflected in the protocol and reports to the chairman of the board.

15. Annually till March 31 of the year following for reporting Council constitutes and submits the report on the activities to the Government, Parliament and the Supreme council of safety.

 

Appendix №. 3

to the Order of the Government of the Republic of Moldova of May 12, 2016 No. 585

Regulations on procedure for consideration and advance approval of investments, significant for state security

I. General provisions

1. This Provision establishes procedure for consideration and approval of investments, significant for state security, including being in implementation stage, Council for promotion of investment projects of national value (further - Council).

2. Any potential investor before implementation of investing activities in areas, significant for state security, the investments, significant for state security, provided in article 4 of the Law No. 174/2021 on the mechanism of consideration, or activities which subject are the objects, significant for state security, provided in article 5 of the specified Law shall get preliminary approval of expected investments from Council.

3. If the investor performs investing activities in areas, significant for state security, the investments, significant for state security, provided in article 4 of the Law No. 174/2021 on the mechanism of consideration, or the subject of which is constituted by the objects, significant for state security, provided in article 5 of the specified Law in defiance of regulations of this provision and without preliminary approval of Council, it involves the consequence in law provided in article 11 of this law.

4. The obligation of receipt of preliminary approval of Council extends also to the public properties, public and private partnership, concessions performed according to special laws in this area, and also which are in implementation process of agreements / transaction on concession, privatization of public property, public and private partnership irrespective of date of their conclusion.

II. Request for preliminary approval

5. For application for preliminary approval of investments, significant for state security, including being in implementation process, the potential investor, proceeding from circumstances - the investor, shall submit the secretariat of Council the following documents and information:

1) about contribution of each partner / shareholder to forming of the authorized capital, including the beneficial owner;

2) about maximum amount of the investment expressed in monetary units;

3) about core business, about commercial products and services;

4) about the country or the countries of conducting activities and about the main domestic or foreign business partners;

5) the financial reporting for the last 3 years accompanied with the report of the independent auditor;

6) about net assets value for date of the application confirmed with the independent auditor;

7) about source of financial resources for investment financing;

8) about date for which it is planned or investment is already performed;

9) about criminal record, in case of physical persons which are shareholders / partners and beneficial owners;

10) about the beneficial owner or beneficial owners;

11) the statement for intention to perform investments individually or in coordination, and also the supporting documents certifying coordination of actions. Coordination of actions of the potential investor also establishes Council on the basis of own estimates.

6. Council requests, proceeding from circumstances, other documents and information in addition to specified in Item 5, requests for preliminary approval, necessary for consideration.

7. The potential investor bears complete responsibility for accuracy of the provided data and information, according to the law.

8. The potential investor submits documents to the address the secretariat of Council and in electronic format, signed by the digital signature.

9. The secretariat of Council ensures safety of the documents received from the applicant during the entire period of implementation of the investment project which is previously approved by Council.

III. Consideration of the request

10. Council considers the request within 45 calendar days from the date of its obtaining. If all necessary documents and information are not attached to the request, the term of consideration is estimated from the date of receipt of all necessary documents and information.

11. During the term specified in Item 10, but no later than the 30th day of this term, Council, if necessary, requests the additional documents and information concerning consideration of the request for preliminary approval. The request is sent in writing, with indication of additional documents and information which need to be provided.

12. The potential investor submits required additional documents and information within no more than 20 calendar days from the date of request. For this period the consideration term specified in Item 10, stops.

13. By consideration of the request the following main criteria are considered:

1) the reputation, knowledge, skills and experience of the potential investor or the requirement to competence and conscientiousness applied at the European and international levels;

2) financial stability of the potential investor, in particular concerning type of activity, performed in areas, significant for state security, the activities performed now, and activities which, as expected, will be performed after realization of investments;

3) availability of the bases for suspicions against the planned investment, the money laundering offenses accompanying them crimes or crimes on financing of terrorism or other criminal activities connected with making;

Whether 4) the expected investor, directly or indirectly, by the government of foreign state, including state bodies / organizations or armed forces of this state, including through structure of property or through considerable financing is controlled and whether it poses threat for state security;

5) degree in which the planned investment can provide, directly or indirectly, access to personal data of citizens of the Republic of Moldova, the governments of foreign states or foreign persons who can use such information by the method menacing to state security;

6) probability that investments will lead to increase or creation of new vulnerabilities in area of cyber security, or the fact that the foreign government will be able to participate in activities in the field of cyber security which can affect in homeland security;

7) the potential investor does not fall under operation of article 6 of the Law No. 174/2021 on the mechanism of consideration of investments, significant for state security.

IV. Decision making

14. After consideration of the request of the potential investor for preliminary approval of investments, significant for state security, Council accepts one of the following decisions:

1) to accept preliminary approval;

2) to refuse preliminary approval;

3) to accept conditionally preliminary approval.

15. Decisions of Council are made by a simple majority vote his members. In case of conflict of interest the member of the commission shall declare it and refrain from decision making.

16. Council in writing reports to the potential investor about the decision within 3 working days from the date of its acceptance, specifying the reasons in case of the decision on refusal.

17. Council makes the decision on acceptance of preliminary approval in the following situations:

1) if after cumulative consideration of the criteria stated in Item 13, it is convinced that quality of the potential investor, including its financial stability concerning expected investments, is proper;

In the absence of the bases at it to suspect 2) that beneficial owner of expected investment is person, excellent from declared in the request;

3) information and documents provided by the potential investor are complete and/or do not contain wrong data;

4) the planned investments will not affect capability of the state to provide the production resources necessary for homeland security in the conditions of crisis.

18. Council makes the decision on refusal in preliminary approval if in the request there are no documents and information confirming lack of situations which correspond to the criteria stated in Item 13.

19. In case of decision making about conditional preliminary approval Council establishes conditions of respect for the cumulative criteria stated in Item 13, and the term of their accomplishment, but no more than 90 days.

20. Before the expiration established in Item 19, the expected investor in writing reports to Council about accomplishment of the conditions stated in the decision with submission of documents and the confirmatory information provided in Item 5. If the expected investor does not provide written information on accomplishment of the established conditions, Council makes the decision on refusal in preliminary approval.

V. Execution and appeal of decisions of council

21. Decisions of Council are followed, if necessary, by appointment of the organizations responsible for their execution. For the organizations provided in Council specified in appendix No. 1, accomplishment of decisions of Council is obligatory.

22. The disputes arising in connection with decisions of Council on preliminary approval of investments, significant for state security, are permitted in competent administrative court.

 

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