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LAW OF THE REPUBLIC OF MOLDOVA

of July 10, 2008 No. 178-XVI

About the International free airport "Merkulesht"

(as amended on 09-06-2022)

The parliament adopts this organic law.

Article 1. General provisions

(1) the International free airport "Merkulesht" (further - the Free airport) is created for acceleration of development of air transportation, aviation services, export industrial production and foreign trade activity.

(2) the Free airport is part of customs area of the Republic of Moldova on which the legislation of the Republic of Moldova acts if provisions of this law do not provide other.

(3) the Free airport has the airfield of dual purpose used for the military and civil aircraft transport, the international passenger and goods transportation and also ensuring requirements of defense, homeland security and the international obligations of the Republic of Moldova.

(4) the Free airport is created for the term of 25 years.

(5) Earth which is in limits of the territory of the Free airport is public property of the state. In departure from requirements of the Land code, the earth of the Free airport can be used also in others, except military, the purposes.

(6) Earth is in management of the state company "International Airport of Merkulesht" which acts as the general investor (further - the general investor).

(7) Earth which is in limits of the territory of the Free airport has Ploshchad 265,2295 of hectare, consists of the territory of airfield and the territory of development and it is separated by reliable barrier.

(8) Borders and configuration of the territory of the Free airport are determined by cadastral plans according to the cadastral legislation.

(9) Control of activities of the Free airport is included into obligation of the Government and is performed by means of the state bodies authorized by it.

(10) the State bears responsibility for protection of borders of the Free airport, and the general investor - for safety control within the territory of the Free airport.

(11) Drafts of regulations of bodies of public management which will regulate activities of the Free airport are subject to obligatory approval of the Ministry of infrastructure and regional development and the Ministry of Defence.

Article 2. Residents of the free airport

(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 has in property can be the Resident of the Free airport or hires property or land areas in the territory of the Free airport and which is registered by the representative of the Government as resident according to the Regulations on registration of residents of the International free airport "Merkulesht" approved by the Government.

(2) the General investor as resident performs activities for production and repair of air vehicles, the special equipment and installations, provides services in ground handling operations and performs airborne transportations, and also carries out the auxiliary types of activity necessary for implementation of activities in the territory of the Free airport.

(3) the General investor as the operator of airfield performs aerodrome operation, servicing of the international flights, ensures safety of take off and landing of air vehicles, their protection and servicing, public order and aviation safety according to the existing operational requirements and safety.

(The General investor develops 4), claims and provides implementation of the Plan of complex development of the Free airport which provides priorities for types of activity in the aeronautical domain, and also auxiliary types of activity in the field, creation of the international center of logistics, attraction of domestic and foreign investments, implementation of the modern equipment and technologies, use of the best practices in the field of management, creation of workplaces. The plan of complex development of the Free airport is without fail approved with the Ministry of infrastructure and regional development and the Ministry of Defence.

(5) the General investor performs the following functions:

a) develops infrastructure and manages the Free airport;

b) selects residents according to the procedure, established by the Government, taking into account the Plan of complex development of the Free airport;

c) part of the territory of the Free airport transfers to property employment to residents for term no more operation life of the Free airport;

d) supports in working order systems of providing electro-, water - and heat supplies in the territory of the Free airport;

e) coordinates activities with bodies of local public authority according to the law.

(6) the Activities following from the provisions specified in part (3) Articles 1, it is performed by exclusively general investor.

(Residents have the right to perform 7) in the territory of the Free airport:

a) rendering services in ground handling operations and airborne transportations;

b) wholesale trade, except for the goods removed from civil circulation;

c) industrial production of goods;

d) conversion of agrofood products;

e) sorting, packaging, marking and other similar transactions with goods in transit at the Free airport;

f) rendering paid services to residents of the Free airport and to the foreign companies;

g) other auxiliary types of activity, such as utilities, warehousing services, construction, lease and/or delivery in the property employment, public catering, etc. necessary for implementation of the types of activity specified in Items and) - f).

(8) the Goods imported on the territory of the Free airport cannot be realized on other part of customs area of the Republic of Moldova. The amount of goods (services) made at the Free airport, realized by resident on other part of customs area of the Republic of Moldova cannot exceed 30 percent from the total amount of sales of goods (services) in year.

(9) Export of alcoholic products, tobacco and tobacco products from the Free airport on other part of customs area of the Republic of Moldova, and also production in the territory of the Free airport of alcoholic products, tobacco and tobacco products are strictly prohibited.

(10) Implementation in the territory of the Free airport of business activity without registration as resident is not allowed, except as specified, when for implementation of activities for ensuring air safety and in emergency situations nonresident persons have open entry on the territory of the Free airport in accordance with the terms, provided by Regulations on gating system in the territory of the Free airport.

(11) the Decision on cancellation of registration of resident, suspension of action or cancellation of the operating authority at the Free airport is accepted by the representative of the Government according to the established Government rather:

a) in case of the violation of requirements of this law and other laws regulating activities of the Free airport;

b) at the request of resident;

c) because of termination of the contract of property hiring between the resident and the general investor.

(12) Residents keep separate accounting and statistical account of the activities in limits and outside the territory of the Free airport.

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