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ORDER OF THE GOVERNMENT OF MOLDOVA

of January 30, 2006 No. 108

About approval of the Regulations on mobile groups of Customs Service

In pursuance of part (2) Article 189/1 of the Customs code of the Republic of Moldova No. 1149-XIV of July 20, 2000. (The official monitor of the Republic of Moldova, 2000, Art. No. 160-162, 1201) DECIDES: the Government

Approve Regulations on mobile groups of Customs Service it (is applied).

 

Prime Minister

Vasile Tarlev

Minister of Economic Affairs

and trade

 

Valeriu Lazer

Approved by the Order of the Government of January 30, 2006 No. 108

Regulations on mobile groups of Customs Service

I. General provisions

1. The regulations on mobile groups of Customs Service (further - the Provision) are developed in execution of part (2) Article 189/1 of the Customs code of the Republic of Moldova No. 1149-XIV of July 20, 2000, and contains rules which establish the organization, competence and activities of mobile groups.

2. Mobile groups in the activities are guided by the Constitution and the laws of the Republic of Moldova, resolutions of Parliament, presidential decrees of the Republic of Moldova, ordinances, resolutions and orders of the Government and this Provision, and also international agreements which party the Republic of Moldova is.

3. The main objectives of mobile groups are the prevention, identification and suppression of smuggling, other crimes and offenses which are subordinated to customs authorities, made by persons out of customs control zones, ensuring compliance with the customs legislation in case of transit of goods through customs area, rendering necessary assistance to customs divisions in case of identification and documentation of cases of smuggling, other crimes, the customs offenses made out of customs control zones and free zones.

4. Mobile groups carry out the tasks assigned to them independently or together with other divisions of customs and law enforcement agencies.

5. Mobile groups are the special operational divisions subordinated to department of mobile groups of management of risk analysis and post-audit control of Customs Service.

6. Creation and reorganization of mobile groups is performed by Customs Service within the staff list established by the Government.

7. It is forbidden to assign to the mobile groups of task which are not provided by the Customs code and this Provision.

II. Main objectives of mobile groups

8. The following main objectives are assigned to mobile groups:

participation in actions for suppression of illicit movement of goods through customs border of the Republic of Moldova, to identification and documentation of customs offenses, ensuring compliance with the customs legislation by physical persons and legal entities when moving goods and other objects through customs border, their transportation and transit through customs area of the republic;

control of operational situation on import, export, transit of goods through customs area of the republic, the analysis of the state of affairs with legal movement of goods, and also the objects limited in civil circulation;

identification of channels, means and mechanisms of illegal import to the customs territory / export from customs area of the Republic of Moldova of goods, vehicles, establishment of the reasons promoting it, development and deployment of effective methods of suppression of the specified offenses;

localization together with other law enforcement agencies of the conflict situations arising in connection with execution of service duties by customs officers on customs area of the republic;

participation in mitigation of consequences of emergency situations in case of their origin in zone of activities of customs to which they are attached;

administrative detention in the cases provided by the current legislation, persons who made violations of the customs legislation or suspects of their making for documentation of the fact of customs offense;

informing customs divisions on attempts of illicit movement of goods and vehicles through customs border;

collection and generalization of data on illicit movement of goods through customs border for the purpose of increase in efficiency of the corresponding work of customs divisions;

maintenance in cases when reasons to believe are had that provisions the law of the Republic of Moldova or international agreements which party it is of goods and vehicles to the nearest customs authority or the room located in zone of its activities where implementation of goods inspection and vehicles is possible were violated;

perform, if necessary, repeated examination of the vehicles and goods which are drawn up earlier by other customs authorities.

III. Powers and rights of mobile groups

9. Mobile groups exercise control of observance of the customs legislation by physical persons and legal entities when moving any objects through customs border, and also in case of their transportation and transit through customs area of the Republic of Moldova.

10. The job responsibilities perform mobile groups on all customs area of the republic according to the current legislation.

11. Mobile groups have the right to stop the vehicles suspected of customs offense in perimeter of customs area and to perform check of the goods and transit vehicles transporting these goods for the purpose of prevention, suppression and establishment of customs offenses. These actions are performed using the criteria of optionality established in the course of risk analysis.

12. In case of vehicle stop members of mobile groups show the official ID, explain the stop reason then they start check which consists in:

identification of the driver and attendants of his faces in cases when they are related to the transported goods or objects;

establishment of data on the vehicle and its route;

establishment of data on the transported loads;

overview of seals and means of customs identification;

survey of goods and vehicle;

sampling of goods for assessment and their testing on site.

In cases when unloading on site is necessary for goal achievement of control, it is performed under observation responsible mobile group.

13. If the type, quantity or other features of goods do not allow unloading or survey on site, and also in cases when data on the driver and the vehicle cannot be established, the driver and the accompanying his faces follow mobile group in the nearest customs division or other suitable place for check implementation.

14. In cases when as a result of spot test the customs offense or crime is established, officers of mobile group inform officers of communication and perform legal proceedings with the subsequent transfer of materials on jurisdiction.

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