LAW OF THE REPUBLIC OF MOLDOVA

of March 4, 2016 No. 25

About application of the international rationing arrangements

The Parliament adopts this organic law.

Chapter I. General provisions

Article 1. Scope

This law regulates procedure for introduction, application and cancellation by the Republic of Moldova of the international rationing arrangements established:

a) the resolutions of the Security Council of the United Nations adopted based on Article 41 of Articles of organization of the United Nations;

b) acts of the European Union which the Republic of Moldova joined;

c) the acts and decisions accepted by the international organizations or other states which the Republic of Moldova joined;

d) Republic of Moldova on own initiative.

Article 2. Determinations

For the purposes of this law the following basic concepts mean:

the international rationing arrangements – sanctions and other rationing arrangements concerning the governments of certain states, non-state actors or physical persons or legal entities accepted by the Security Council of the United Nations, the European Union, other international organizations and also by means of unilateral decisions of the Republic of Moldova or other states for the purpose of maintenance of international peace and safety, the prevention and fight against terrorism, ensuring compliance with basic rights and human freedoms, development and strengthening of democracy and the constitutional state, and also in other purposes, according to tasks of the international community and international law;

subjects of restrictions – the states, the governments of the states, non-state actors, physical persons or legal entities which are object of certain international rationing arrangements;

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 intermediary – person who is used or is involved in the transaction, transaction or activities for the purpose of concealment of the personality or real interests of the vygodopriobretayushchy owner;

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;

property – any technology or products having economic value or intended for achievement of particular purpose movable or immovable, material or non-material, belonging or being in ownership or under control of certain subjects of restriction or prohibited to import in certain direction or to export from certain place;

strategic goods – products, technologies and services provided by the Law on export control, re-export, import and transit of strategic goods No. 1163-XIV of July 26, 2000;

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;

freezing of funds – prevention of any transfer of funds, access to them or any their use which would lead to change of their amount, nature, localization, the owner, ownership, appointment or to other change allowing to use these funds, including to exercise portfolio management;

economic resources – any assets, material or non-material, movable or immovable which are not funds, but can be used for receipt of funds, products or services;

freezing of economic resources – prevention of use of economic resources for receipt of funds, products or services in any manner, including by sale, lease or mortgage;

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.

Article 3. Purposes of the international rationing arrangements

The international rationing arrangements applied by the Republic of Moldova are directed to establishment and maintenance of international peace and safety, observance of basic rights and human freedoms, the prevention and fight against terrorism, development and strengthening of democracy and the constitutional state according to the principles of Articles of organization of the United Nations, rules of international law and obligations assumed by the Republic of Moldova at the international level.

Article 4. International rationing arrangements

The Republic of Moldova applies the following international rationing arrangements:

a) gap, suspension or decrease in level of diplomatic relations with other state;

b) suspension or denouncement of international treaties;

c) cancellation of official visits or setting out of the international actions;

d) complete or partial suspension of the economic relations;

e) freezing of funds or economic resources;

f) import restrictions, export, transit, services, transport or communications;

g) embargo on weapon or other strategic goods;

h) restriction for flight;

i) announcement of certain foreign citizens or stateless persons persona non grata or undesirable persons;

j) prohibitions on entrance on the territory, transit, stay or stay in the territory of the Republic of Moldova for foreign citizens or stateless persons;

k) other rationing arrangements established by rules of international law.

Article 5. 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:

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