ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of January 29, 2025 No. 24

About the National control system of trade in strategic goods in the Republic of Moldova

Based on Items a) - c) and f) Article 6 and part (5) article 10 of the Law on verification regime of trade in strategic goods No. 213/2024 (The official monitor of the Republic of Moldova, 2024, Art. No. 373-376, 576) DECIDES: the Government

This resolution:

- partially shifts (part (2) Articles 3, of part (3) and (7) Articles 4, of part (2), (3) and (9) Articles 5, of part (3) and (4) Articles 6, of part (1), (2) and (3) Articles 7, of part (3), (4) and (5) Articles 8, part (1) Articles 9, part (1) Articles 10, of part (1), (4) and (6) Articles 12, of part (1), (2), (3) and (5) Articles 13, of part (1), (3) and (4) Articles 21, Article 28, part (1) Article 29 and appendix I-IV) Regulations (EU) 2021/821 of the European parliament and Council of May 20, 2021 setting the mode of the Union on export control, intermediary activities, technical assistance, transit and transfer of dual purpose to products (the processed version) (CELEX: 32021R0821), published in the Official magazine of the European Union by L 206 of June 11, 2021, with the last changes made by the Delegated regulations (EU) 2024/2547 of the Commission of September 5, 2024;

- will partially approve (enters Article 5) with the Common position 2008/944/PESC of Council of December 8, 2008, determining general rules which regulate export control of military technologies and the equipment (CELEX: 32008E0944), published in the Official magazine of the European Union by L 335 of December 13, 2008, with the last changes made by the Decision (PESC) 2019/1560 of Council of September 16, 2019;

- shifts the General list of military products of the European Union approved by Council on February 19, 2024 (the equipment covered by the Common position 2008/944/PESC of Council determining general rules which regulate export control of military technologies and the equipment) (updating and replacement of the General list of military products of the European Union approved by Council on February 20, 2023), C/2024/1945 published in the Official magazine of the European Union of March 1, 2024 (CELEX: 52024XG01945).

1. Approve:

1.1. Regulations on the organization and functioning of the National commission on control of trade in strategic goods according to appendix No. 1;

1.2. Regulations on control procedure of trade in strategic goods according to appendix No. 2;

1.3. The list of products of dual purpose according to appendix No. 3;

1.4. The list of military products according to appendix No. 4;

1.5. The list of products which are subject to control at the national level according to appendix No. 5;

1.6. Samples of permissions and additional (adjacent) documents for trade in strategic goods according to appendix No. 6.

2. Declare invalid the Order of the Government No. 606/2002 about the National control system of export, re-export, import and transit of strategic goods in the Republic of Moldova (The official monitor of the Republic of Moldova, 2002, Art. No. 69-70, 724), with subsequent changes.

3. To competent authorities in the field of trade in strategic goods in three-months time from the effective date of this resolution to bring the regulations into accord with the provisions specified in Item 1.

4. To the agency of the state services within 30 days from the effective date of this resolution to develop and approve the documents necessary for ensuring permission to implementation of trade in strategic goods.

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

Appendix №1

to the Order of the Government of the Republic of Moldova of January 29, 2025 No. 24

Regulations on the organization and functioning of the National commission on control of trade in strategic goods

1. The regulations on the organization and functioning of the National commission on control of trade in strategic goods (further - the Provision) determine structure, and also procedure for the organization and functioning of the National commission on control of trade in strategic goods (further - the Commission).

2. The commission is established according to the Law on verification regime of trade in strategic goods No. 213/2024 and is standing body of the Government of the Republic of Moldova. In the activities the Commission is guided by the legislation regulating control of trade in strategic goods in the Republic of Moldova and also this Provision.

3. The commission consists of eight members and affirms as the following structure:

3.1. Minister of Economic Development and digitalizations, commission chairman;

3.2. chief of General staff of National army, commander of National army, vice-president of the Commission;

3.3. head of department of licensing and certification of the Agency of the state services, secretary of the Commission;

3.4. state secretary / secretary general of the Ministry of Internal Affairs;

3.5. state secretary of the Ministry of Foreign Affairs;

3.6. chief of Head department of Service of information and safety of the Republic of Moldova;

3.7. deputy chief of Department of the income and customs control of Customs Service;

3.8. the deputy director of Service according to the prevention and anti-money laundering.

4. Commission sessions are held under the chairmanship of the commission chairman, and in case of its temporary lack or impossibility of its participation on legal causes - the vice-president of the Commission.

5. Commission sessions are held as required, but at least once in three months. Commission sessions are competent if at them there is at least a half of members of the commission.

6. Depending on type of the statement for issue of permission and implementable goods, the Commission, in case of need, can request the advisory proceeding of Bureau the politician on reintegration, National agency on regulation of nuclear and radiological activities, Organa of civil aviation and other bodies.

7. The commission, if necessary, can create the working groups of representatives of other competent authorities for consideration and preparation of offers on the solution of specific questions which can arise during control of trade in strategic goods.

8. Secretarial activities in the Commission are performed by the head of department of licensing and certification of the Agency of the state services. The candidate for position of the secretary of the Commission shall have at least three-year work experience in the field of trade in strategic goods.

9. The body issuer on the basis of decisions of the Commission provides the edition, issue and accounting of permissions to trade in strategic goods.

10. The body issuer publishes additional (adjacent) documents, according to Item provisions 1) of Article (2) the Law on verification regime of trade in strategic goods No. 213/2024 without consideration on commission sessions. According to the procedure of departure in the part concerning issue of notifications by body issuer provisions of Items 85, 86 and 87 Regulations on control procedure of trade in strategic goods shall be observed.

11. The body issuer has own letterhead and seal.

12. Each organization which is part of the Commission appoints based on the internal order of persons responsible for preliminary consideration of statements and documents attached to them, and informs on it the secretary of the Commission. Nominated persons get limited access to special information system. Restrictions of access are set by setup of the user profiles in special information system.

13. The secretary of the Commission is responsible for convocation of commission sessions and transfer of the agenda of the next meeting of the Commission to her members of the project on electronic or paper. If necessary the chairman or the vice-president of the Commission can charge to the secretary to convene emergency meeting.

14. The draft of the agenda affirms at least three days before date of convocation of commission session.

15. Modification of the agenda can be performed during commission session according to the proposal of the secretary of the Commission or its members. At the same time the final version of the agenda affirms members of the commission.

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