LAW OF THE REPUBLIC OF MOLDOVA

of March 10, 2017 No. 23

About modification and amendments in some legal acts

The Parliament adopts this organic law.

Art. I. – Part (2) article 3 of the Law on labor migration No. 180/2008 (2008, Art. No. 162-164, 598), with subsequent changes and amendments, to add the official monitor of the Republic of Moldova with Item k) the following content:

"k) persons who are on business visit, persons which are temporarily translated by the foreign legal entity from the member state of the European Union, trainees graduates of institutions of higher education, sales professionals, suppliers of contractual services, independent specialists as they are determined in article 3 of the Law on regime of foreigners in the Republic of Moldova No. 200/2010.".

Art. II. – In the Law on regime of foreigners in the Republic of Moldova No. 200/2010 (Official monitor of the Republic of Moldova, 2010, Art. No. 179-181, 610), with subsequent changes and amendments, to make the following changes and additions:

1. In preamble of the law to exclude the text: "This law provides partial transposition of the following acts: Conventions on application of the Schengen agreement of June 19, 1990; Regulations of the European parliament and Council 562/2006/EU of the March 15, 2006 establishing the Code of Community about the rules regulating movement of persons through borders (The Schengen boundary code); Regulations of the European parliament and Council 810/2009/EU of the July 13, 2009 establishing the Code of Community about visas (The visa code); Directives of Council 2003/86/EU of September 22, 2003 about the right of families to reunion; Directives of the European parliament and Council 2008/115/EU of December 16, 2008 about the general standards and procedures which are subject to application in state members for return illegally of the staying citizens of the third countries; Regulations of Council 539/2001/EU of March 15, 2001 about the third countries which citizens when crossing external borders shall have visas, and the countries which citizens are exempted from this requirement; Regulations of Council 2414/2001/EU of December 7, 2001 about change of Regulations of Council 539/2001/EU about the third countries which citizens when crossing external borders shall have visas, and the countries which citizens are exempted from this requirement; Regulations of Council 453/2003/EU of March 6, 2003 about change of Regulations (EU) 539/2001 about the third countries which citizens when crossing external borders shall have visas, and the countries which citizens are exempted from this requirement; Regulations of Council 851/2005/EU of June 2, 2005 about change of Regulations of Council (EC) 539/2001 about the third countries which citizens when crossing external borders shall have visas, and the countries which citizens are exempted from this requirement, concerning the reciprocity mechanism; Regulations of Council 1932/2006/EU of December 21, 2006 about change of Regulations of Council 539/2001 about the third countries which citizens when crossing external borders shall have visas, and the countries which citizens are exempted from this requirement; Regulations of Council 1244/2009/EU of November 30, 2009 about change of Regulations of Council 539/2001/EU about the third countries which citizens when crossing external borders shall have visas, and the countries which citizens are exempted from this requirement; Directives of Council 2004/114/EU of December 13, 2004 about conditions of the omission of citizens of the third countries for the purposes of training, student's exchange, non-paid training and charity; Directives of Council 2003/109/EU of November 25, 2003 concerning the status of constantly living citizens of the third countries; Directives of Council 2004/81/EU of April 29, 2004 about the residence permit issued to citizens of the third countries which are the victims of human trafficking or were subject to the actions directed to assistance of illegal immigration and which cooperate with competent authorities.".

2. Add Article 3 with the following concepts:

"persons who are on business visit, – physical persons – the citizens of the European Union holding executive positions in foreign legal entities of member states of the European Union which are authorized to initiate dialogue to study opportunities, to perform necessary actions for creation by parent society of branches, representations or legal entities in the territory of the Republic of Moldova and which do not provide and do not render services, do not participate in other economic activity, except necessary for creation of commercial society, and do not earn reward from the source located in the territory of the Republic of Moldova;

persons which are temporarily translated by the foreign legal entity from the member state of the European Union – physical persons – the citizens of the European Union who are working in the foreign legal entity of the member state of the European Union or being partners or members of the specified legal entity at least one year, temporarily transferred to the branch, representation or the legal entity created by parent society in the territory of the Republic of Moldova. Persons which are temporarily translated within the same legal entity are:

– persons holding executive positions – physical persons – the citizens of the European Union holding executive positions within the foreign legal entity with the location in one of member states of the European Union which first of all manage the corresponding legal entity, being under general supervision or management of administrative board, shareholders of the legal entity or persons holding equivalent positions and which: a) provide management of the legal entity or his department or division;

b) exercise the supervision and control of activities of other personnel, performing supervising, specialized or leading functions;

c) have powers personally to perform employment and dismissal of personnel, to make recommendations about hiring and dismissal of personnel or take other measures concerning personnel;

– specialists – physical persons – the citizens of the European Union working for the foreign legal entity with the location in one of member states of the European Union and owning the special skills necessary in the field of production of the research equipment, the technician, processes, procedures or for management of the corresponding legal entity. In case of assessment of such skills are considered as special knowledge, and high skill level, necessary for activities of the legal entity, possession of which is obligatory for certain type of the professional or business activity requiring special technical knowledge including belonging to accredited profession;

trainees graduates of institutions of higher education – physical persons – the citizens of the European Union who are working in the foreign legal entity of the member state of the European Union at least one year, having the university diploma, temporarily transferred to the branch, representation or the legal entity created by parent society in the territory of the Republic of Moldova for the purpose of their professional development or technical training;

sales professionals – physical persons – citizens of the European Union, representatives of service provider or goods of the member state of the European Union, authorized to conduct negotiations on sale of services or goods or on the conclusion of sales agreements of services or goods in the Republic of Moldova. Sales professionals are not engaged in direct sales for the general public, do not earn reward from the source located in the territory of the Republic of Moldova, and also are not brokers;

suppliers of contractual services – physical persons – the citizens of the European Union working in the legal entity of the member state of the European Union which is not employment agency and is not effective through such agency, does not own branch, representation or the legal entity in the territory of the Republic of Moldova and which concluded the service provision agreement which accomplishment requires temporary presence of his workers in the territory of the Republic of Moldova with the final consumer living in the Republic of Moldova;

independent specialists – physical persons – the citizens of the European Union providing rendering service, determined as persons performing independent activities in the territory of any member state of the European Union, not owning in the territory of the Republic of Moldova the legal entity and who concluded the service provision agreement with the final consumer living in the Republic of Moldova (other, than through employment agency) whose accomplishment requires their temporary presence in the territory of the Republic of Moldova;

confirmation of the right of stay in the territory of the Republic of Moldova – the document issued by competent authority for foreigners, granting to certain categories of foreigners the right to stay in the territory of the Republic of Moldova on the aggregate term exceeding 90 days.".

3. Add the law with Chapter III-1 of the following content:

"Chapter III-1. Temporary stay in the territory of the Republic of Moldova of some categories of foreigners

Article 30-1. The right to temporary stay in the territory of the Republic of Moldova sales professionals, suppliers of contractual services and independent specialists

(1) Sales professionals, suppliers of contractual services and independent specialists from the member state of the European Union can perform activities in the territory of the Republic of Moldova, without having the temporary residence permit.

(2) Sales professionals can perform activities for negotiating or for the conclusion of sales agreements of services or goods based on the copy of the national passport, the document confirming their investment with the legal entity of the member state of the European Union with powers on negotiating selling services or goods or on the conclusion of sales agreements of services or goods in the Republic of Moldova for the term of 90 days during any period for 12 months.

(3) Suppliers of contractual services can perform activities during the term which is not exceeding in total 6 months for 12 months based on the copy of the national passport, the document confirming the conclusion of the service provision agreement for the term of no more than 12 months for the legal entity of the member state of the European Union, the document confirming provision of temporary service as the worker of the legal entity for at least a year before date of filing of application on entrance on the territory of the Republic of Moldova, the document confirming their investment with legal person employer with powers on temporary rendering certain types of service in its interests, the education documents or qualification and documents confirming at least three-year working experience in the respective area, and, if necessary, other documents stipulated by the legislation the Republic of Moldova for rendering services in certain areas.

(4) Independent specialists can perform activities within in total no more than 6 months for 12 months based on the copy of the national passport, the signed service provision agreement for the term of no more than 12 months, education documents or the qualification and documents confirming at least six-year working experience in the respective area, and, if necessary, other documents stipulated by the legislation the Republic of Moldova for rendering services in certain areas.

Article 30-2. Accounting of temporary stay in the territory of the Republic of Moldova sales professionals, suppliers of contractual services and independent specialists

(1) the Legal entity – the customer from the Republic of Moldova within 3 working days from the date of entry into the country, on circumstances, the sales professional, the supplier of contractual services or the independent specialist represents to competent authority for foreigners the declaration under own responsibility on the purpose and term of stay of the foreigner in the country with application of documents specified in parts (2), (3) and (4) Article 30-1.

(2) based on the declaration submitted according to part (1), the competent authority for foreigners issues to the corresponding foreigner confirmation of the right to temporary stay in the territory of the Republic of Moldova.

(3) Form and content the provided part (1) declarations affirm the order of competent authority for foreigners and are published on its official web page.".

4. Part (Article 31 to add 2) with Items h), i) and j) the following content:

"h) to persons holding executive positions;

i) to specialists;

j) to trainees graduates of institutions of higher education.".

5. Add the law with Articles 36-2, 36-3 and 37-1 of the following content:

"Article 36-2. Provision and prolongation of the right to temporary stay to persons holding executive positions

(1) the Right to temporary stay is provided to persons holding executive positions in branch, representation or the legal entity created by parent society in the territory of the Republic of Moldova or if necessary is prolonged according to the statement of the foreigner, based on the petition of the specified branch, representation or the legal entity, the copy of the document confirming transfer and powers of the foreigner, and documents provided by part (2) Article 32.

(2) the Term of the consideration provided by part (1) the statement and decision makings about provision or prolongation of the right to temporary stay to persons holding executive positions are not exceeded by 15 calendar days from the date of submission of the corresponding statement.

(3) the Right to the temporary stay to persons holding executive positions provided by part (1), it is provided or if necessary it is prolonged for cumulative term up to 3 years.

Article 36-3. Provision and prolongation of the right to temporary stay to specialists

(1) the Right to temporary stay is provided to the specialists working for the legal entity of the member state of the European Union, transferred to the branch, representation or the legal entity created by parent society in the territory of the Republic of Moldova or if necessary is prolonged according to the statement of the foreigner, based on the petition of the specified branch, representation or the legal entity, the copy of the document confirming transfer and powers of the foreigner, copies of the education documents or qualification and documents provided by part (2) Article 32.

(2) the Term of the consideration provided by part (1) the statement and decision makings about provision or prolongation of the right to temporary stay to specialists are not exceeded by 15 calendar days from the date of submission of the corresponding statement.

(3) the Right to the temporary stay to specialists provided by part (1), it is provided or if necessary it is prolonged for cumulative term up to 3 years.";

"Article 37-1. Provision of the right to temporary stay to trainees graduates of institutions of higher education

(1) the Right to temporary stay is granted to trainees graduates of institutions of higher education from the member state of the European Union according to the statement of the foreigner, based on the petition of branch, representation or the legal entity created by parent society in the territory of the Republic of Moldova, the document confirming transfer of the foreigner, the copy of the document confirming its university education and the documents provided by part (2) Article 32.

(2) the Term of the consideration provided by part (1) the statement and decision makings about provision of the right to temporary stay to trainees graduates of institutions of higher education are not exceeded by 30 calendar days from the date of submission of the corresponding statement.

(3) the Right to temporary stay is provided to the trainees graduates of institutions of higher education who drove to the Republic of Moldova for the purpose of professional development for a period of up to one year without the prolongation right.".

6. Add the law with Article 90-1 of the following content:

"Article 90-1.

This law provides partial transposition of the following acts: Conventions on application of the Schengen agreement of June 19, 1990; Regulations (EU) No. 562/2006 of the European Parliament and Council of the March 15, 2006 establishing the Code of Community about the rules regulating movement of persons through borders (The Schengen boundary code); Regulations (EU) No. 810/2009 of the European Parliament and Council of the July 13, 2009 establishing the Code of Community about visas (The visa code); Directives 2003/86/EU of Council of September 22, 2003 about the right of families to reunion; Directives 2008/115/EU of the European Parliament and Council of December 16, 2008 about the general standards and procedures which are subject to application in state members for return illegally of the staying citizens of the third countries; Regulations (EU) No. 539/2001 of Council of March 15, 2001 about the third countries which citizens when crossing external borders shall have visas, and the countries which citizens are exempted from this requirement; Regulations (EU) No. 2414/2001 of Council from

On December 7, 2001 about change of Regulations (EU) No. 539/2001 about the third countries which citizens when crossing external borders shall have visas, and the countries which citizens are exempted from this requirement; Regulations (EU) No. 453/2003 of Council of March 6, 2003 about change of Regulations (EU) No. 539/2001 about the list of the third countries which citizens when crossing external borders shall have visas, and the countries which citizens are exempted from this requirement; Regulations (EU) No. 851/2005 of Council of June 2, 2005 about change of Regulations (EC) No. 539/2001 about the third countries which citizens when crossing external borders shall have visas, and the countries which citizens are exempted from this requirement, concerning the reciprocity mechanism; Regulations (EU) No. 1932/2006 of Council of December 21, 2006 about change of Regulations (EC) No. 539/2001 about the third countries which citizens when crossing external borders shall have visas, and the countries which citizens are exempted from this requirement; Regulations (EU) No. 1244/2009 of Council of November 30, 2009 about change of Regulations (EC) No. 539/2001 about the third countries which citizens when crossing external borders shall have visas, and the countries which citizens are exempted from this requirement; Directives 2004/114/EU of Council of December 13, 2004 about conditions of the omission of citizens of the third countries for the purposes of training, student's exchange, non-paid professional training or volunteer activities; Directives 2003/109/EU of Council of November 25, 2003 concerning the status of constantly living citizens of the third countries; Directives 2004/81/EU of Council of April 29, 2004 about the residence permit issued to citizens of the third countries which are the victims of human trafficking or were subject to the actions directed to assistance of illegal immigration and which cooperate with competent authorities, Agreements on association between the Republic of Moldova, on the one hand, both the European Union and European Atomic Energy Community and their state members, on the other hand, of June 27, 2014 (part provision (5) articles 202, of article 203 and Articles 214-218, taking into account all clauses given in the appendices XXVII-A, XXVII-C, XXVII-D, XXVII-E, XXVII-G and XXVII-H).".

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