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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of October 28, 2020 No. 792

About approval of the Regulations on procedure for application of financial sanctions for terrorist activities and distribution of weapons of mass destruction

Based on article 5 of the Law No. 25/2016 on application of the international rationing arrangements (The official monitor of the Republic of Moldova, 2016, Art. No. 140-149, 289), with subsequent changes, parts (2) article 6 of the Law No. 120/2017 on the prevention and fight against terrorism (The official monitor of the Republic of Moldova, 2017, Art. No. 364-370, 614), with subsequent changes, and article 34 of the Law No. 308/2017 on the prevention and anti-money laundering and terrorism financing (The official monitor of the Republic of Moldova, 2018, No. 58-66, Art. 133), with subsequent changes, DECIDES: the Government

1. Approve Regulations on procedure for application of financial sanctions for terrorist activities and distribution of weapons of mass destruction it (is applied).

2. To the ministries, other central administrative authorities, and also legal entities irrespective of pattern of ownership and legal form to take the measures necessary for execution of this resolution within the functional competences.

3. To bodies with powers in the field within a month from the effective date of this resolution to adopt the necessary departmental acts regulating procedure for enforcement of financial sanctions for terrorist activities and distribution of weapons of mass destruction.

4. This resolution becomes effective from the date of publication in the Official monitor of the Republic of Moldova.

Prime Minister

Ion Kiku

Countersign:

Minister of Justice

 

Fadey Nagachevski

Minister of Foreign Affairs and European Integration

Oleg Tsulya

 

Approved by the Order of the Government of the Republic of Moldova of October 28, 2020 No. 792

Regulations on procedure for application of financial sanctions for terrorist activities and distribution of weapons of mass destruction

Chapter I General provisions

1. Regulations on procedure for application of financial sanctions for terrorist activities and distribution of weapons of mass destruction (further - the Provision) regulate procedure for application of financial sanctions against the faces, groups or subjects involved in terrorist activities and distribution of weapons of mass destruction (further - nominated persons, groups and subjects), establishes procedure for inclusion and exception of nominated persons, groups and subjects in the consolidated list / from the consolidated list, determines competence and powers of bodies competent in the field and establishes general base for implementation of financial sanctions.

2. Implementation of this provision is based on the principles of law enforcement, transparency and timeliness in the course of application of financial sanctions for terrorist activities and distribution of weapons of mass destruction for ensuring compliance with fundamental human rights and accomplishment of the undertaken international obligations.

3. In that measure in what they are not regulated by this Provision, resolutions of the Security Council of the United Nations 1267 (1999), 1988 (2011), 1989 (2011), 2253 (2015), 1373 (2001), 1718 (2006), 2231 (2015) and their subsequent resolutions, and also other relevant acts in the field of financial sanctions for terrorist activities and distribution of weapons of mass destruction have direct action.

4. Implementation of this provision provides realization of the following purposes:

1) creation of single platform for the notification and coordination of measures at the national level for application of financial sanctions for terrorist activities and distribution of weapons of mass destruction;

2) creation of mechanisms of interaction between competent authorities in the field, and also increase in efficiency of interaction with the reporting units and other subjects responsible in the field;

3) increase in efficiency of response measures in case of receipt of offers and requests about appointment and application of financial sanctions.

5. For the purposes of this provision the following concepts mean:

financial sanctions - the rationing arrangements of financial and economic nature applied concerning persons, groups and the subjects involved in terrorist activities or distribution of weapons of mass destruction appointed for this purpose based on the decision of the international organization, own solution of the state or at the request of foreign state or the organization;

the appointed person, group or the subject - the person, group or the subject belonging or connected with the terrorist organization or participating in distribution of weapons of mass destruction and included in the consolidated list of persons, groups and subjects involved in terrorist activities and distribution of weapons of mass destruction;

Committee on sanctions - the specialized committee founded by resolutions of the Security Council of the United Nations 1267 (1999), 1988 (2011), 1989 (2011), 2253 (2015) about approval of sanctions against the faces, groups or subjects belonging or connected with the Taliban, ISIL (ISIS) and Al-Qaeda and also based on resolutions of the Security Council of the United Nations 1718 (2006) and 2231 (2015) about approval of sanctions against persons, groups or subjects involved in distribution of the weapons of mass destruction belonging to Democratic People's Republic of Korea and Iran;

the consolidated list of persons, groups and subjects involved in terrorist activities and distribution of weapons of mass destruction, - the list of persons, groups and subjects involved in terrorist activities and distribution of weapons of mass destruction approved at the national level by the order of the director of Service of information and safety, including:

- the list of persons, groups and subjects involved in terrorist activities and distribution of weapons of mass destruction which is kept by committees on sanctions;

- the list of persons, groups and subjects involved in terrorist activities approved based on the Common position of the Council of the European Union about application of specific measures to combat terrorism (2001/931/CFSP);

- the additional list of persons, groups and subjects involved in terrorist activities approved at the national level based on own solution of the state or at the request of foreign state or the organization.

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