LAW OF THE REPUBLIC OF MOLDOVA

of February 17, 2005 No. 8-XV

About the International free port "Dzhyurdzhyulesht"

For the purpose of ensuring accomplishment of provisions of the Investment agreement "About the International free port "Dzhyurdzhyulesht""

The parliament adopts this organic law.

Article 1. General provisions

(1) the International free port "Dzhyurdzhyulesht" (further - the International port) is created for acceleration of economic development of the southern zone of the Republic of Moldova, ensuring energy and transport security of the state, and also for development of international trade.

(2) the International port is economically isolated part of customs area of the Republic of Moldova on which the legislation of the Republic of Moldova taking into account the exceptions and provisions established by this law acts.

(3) the International port is created for the term of 25 years.

(4) Earth which is in limits of the territory of the International port is state-owned property. Borders and configuration of the territory of the International port are determined by cadastral plans according to the cadastral legislation.

(5) the Area of the territory of the International port does not exceed 120 hectares and includes:

a) territory of oil terminal and oil refinery;

b) territory of freight terminal;

c) territory of the passenger terminal;

d) territory of development of the International port.

(6) the Territory of the International port is the territory of priority development of the Republic of Moldova. For the purpose of complex development of this territory the Government leases to the General investor the territory of the International port on the conditions specified in the Investment agreement "About the International free port "Dzhyurdzhyulesht"" (further - the Investment agreement) and the lease agreement.

(7) the General investor performs the payments provided by the law for the translation of lands of the International port from category of lands of agricultural purpose in category of lands of industrial function annually equal shares within 10 years, since sixth year of effective period of the Investment agreement.

(8) the State bears responsibility for protection of borders of the International port, and the General investor - for safety within its territory.

(9) Access to the territory of the International port is regulated by the provision approved by the Government.

(10) the International port is the demilitarized zone. In its territory production, transportation and storage of weapon, and also dislocation of military units are forbidden.

(11) the General investor bears responsibility for creation and servicing of infrastructure within the territory of the International port.

(12) in the territory of the International port measures, stipulated by the legislation about the competition and the legislation regulating activities of natural monopolies, except for its actions causing damage to the competition in the goods markets of the Republic of Moldova are not applied to activities of the General investor.

(13) the State does not bear responsibility according to obligations of residents of the International port, and residents of the International port do not bear responsibility according to obligations of the state.

Article 2. The applied legislation

(1) in the territory of the International port are effective:

a) the international agreements, one of the parties of which is the Republic of Moldova;

b) this law, and also other legal acts of the Republic of Moldova taking into account the exceptions and provisions established by this law;

c) regulations of the Government and public bodies and organizations;

d) the regulations of the Representative of the Government adopted within its competence and which are not contradicting this law;

e) the rules and provisions approved by the General investor.

(2) the Drafts of regulations developed by bodies of public management, and also the Representative of the Government, concerning implementation of activities in the International port are subject to coordination with the Ministry of Economics.

(3) the Investments performed within the International port are under legal protection of the state. The mode of investing and business activity established in the International port cannot be less favorable, than the mode set for the business entities performing activities on other part of customs area of the Republic of Moldova.

Article 3. General investor and other residents

(1) (further - resident) any physical person or legal entity of the Republic of Moldova or other state registered in the Republic of Moldova as the subject of business activity which leases property or land areas in the territory of the International port and which is registered by the Representative of the Government in the International port can be the Resident of the International port.

(2) For the purpose of complex development of the International Government port determines the General investor, being the party of the Investment agreement and signing the lease agreement of all territory of the International port.

(3) For the purpose of implementation of the activities the General investor has the right:

a) equip, dispose and operate the territory of the International port, including oil, cargo and passenger terminals, the corresponding auxiliary objects, and also create, have in property and operate infrastructure within the International port in accordance with the terms of the Investment agreement;

b) create, have in property and operate all water and other constructions and objects which can be necessary for operation of objects in the territory of the International port;

c) hand over part of the territory of the International port in the sublease to residents.

(4) Residents have the right to perform in the territory of the International port:

a) provision of port and transport services;

b) industrial production, including production of oil products;

c) transport and transit activities, conversion, packaging and completion of goods;

d) wholesale trade;

e) provision of paid services;

f) other types of activity which are not forbidden by the legislation of the Republic of Moldova.

(5) Implementation in the territory of the International port of business activity without registration as resident is not allowed.

(6) Residents can invite the physical persons and legal entities which are not residents for rendering separate specialized services only in coordination with the Representative of the Government.

(7) the Decision on cancellation of registration of resident, suspension of action or cancellation of the operating authority in the International port is accepted by the Representative of the Government:

a) at the request of resident;

b) because of termination of the contract of lease between the resident and the General investor;

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