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LAW OF THE REPUBLIC OF MOLDOVA

of June 8, 2000 No. 1031-XIV

About state regulation of foreign trade activity

(as amended on 20-02-2020)

The parliament adopts this organic law.

This law determines the legal basis of state regulation of foreign trade activity, procedure for its implementation by physical persons and legal entities of the Republic of Moldova and other states, the rights, obligations and responsibility in the field of bodies of the public power.

Chapter I General provisions

Article 1. Purposes of this law

The purposes of this law are preserving sovereignty and ensuring economic safety of the state, stimulation of development of national economy by implementation of foreign trade activity, creation of conditions for effective integration of economy of the Republic of Moldova into world economy.

Article 2. Concepts

For the purpose of this law the following concepts are used in value:

foreign economic activity - fixed asset of implementation of the world turnover of material and intellectual values realized in complex of transactions and actions which subject is exchange of goods, works and services at the international level;

export - all transactions of commercial nature by means of which export from the Republic of Moldova of goods (products), works, services, and also results of intellectual activities (intellectual property items) is performed. The fact of export is fixed at the time of crossing by goods (products), works, services, and also results of intellectual activities (intellectual property items) of customs border of the Republic of Moldova;

import - all transactions of commercial nature by means of which import to the Republic of Moldova of goods (products), works, services, and also results of intellectual activities (intellectual property items) is performed. The fact of import is fixed at the time of crossing by goods (products), works, services, and also results of intellectual activities (intellectual property items) of customs border of the Republic of Moldova;

results of intellectual activities - objects of industrial property, the invention, useful models, trademarks and service marks, names of places of goods origin, industrial drawings and models, plant varieties, topography of integrated circuits, objects author's and the related rights, trade secret (know-how), improvement suggestions.

Article 3. Legal regulation of foreign trade activity

(1) Foreign trade activity is regulated by the Constitution of the Republic of Moldova, the laws, regulations of the Government, and also rules of international law and international treaties, one of the parties of which is the Republic of Moldova.

(2) If the international agreements, one of the parties of which is the Republic of Moldova, contain other provisions, than those that are provided by this law and regulations adopted on its basis are applied provisions of international treaties.

Article 4. Policy of the state in the field of foreign trade

(1) the Policy of the state in the field of foreign trade is performed by means of application of economic and administrative methods according to the laws, regulations of the Government, and also international treaties, one of the parties of which is the Republic of Moldova.

(2) the Relations of the Republic of Moldova with other states in the field of foreign trade are under construction on the basis of respect for the conventional principles and rules of international law and obligations following from international treaties, one of the parties of which is the Republic of Moldova.

(3) For the purpose of integration of national economy into world economy the Republic of Moldova according to the conventional principles and rules of international law can participate in international treaties on custom unions and free trade areas.

Article 5. Basic principles of state regulation of foreign trade activity

The basic principles of state regulation of foreign trade activity are:

a) implementation in the field of foreign trade of single policy as component of foreign policy of the Republic of Moldova;

b) centralization of system of state regulation of foreign trade activity and control of its implementation;

c) unity of customs area of the Republic of Moldova;

d) priority of economic measures;

e) equality in the rights of participants of foreign trade activity and their nondiscrimination;

f) protection by the state of the rights and legitimate interests of participants of foreign trade activity, including protection of trade secret;

g) freedom of the foreign trade exchange. Imposing of restrictions or prohibitions on the foreign trade exchange is allowed only in cases and according to the procedure, determined by the laws, regulations of the Government, and also the conventional principles and rules of international law and international treaties, one of the parties of which is the Republic of Moldova.

Article 6. Participants of foreign trade activity

(1) Participants of foreign trade activity are the physical persons and legal entities registered in accordance with the established procedure, the Republic of Moldova, bodies of local public authority.

(2) the Republic of Moldova, bodies of local public authority directly perform foreign trade activity only in the cases established by the laws and regulations of the Government.

Chapter II Basic provisions of state regulation of foreign trade activity

Article 7. Powers of the Government

(1) the Government authorizes body of the central public management to perform coordination and regulation of foreign trade activity within its competence.

(2) Government:

a) provides implementation of policy of the state in the field of foreign trade, accepts resolutions and orders concerning foreign trade activity and provides their accomplishment;

b) will organize sales exhibitions and fairs, specialized symposiums and conferences;

c) wages advertizing campaigns and actions for the purpose of development of commodity export (products), works, services, and also results of intellectual activities (intellectual property items);

d) provides creation of system of information and information advisory services in the field, applies different forms of stimulation and activation of foreign trade activity;

e) develops and submits for approval to Parliament national development programs of foreign trade activity;

f) protects economic interests of the Republic of Moldova and its residents in the field of foreign trade activity;

g) sets quantitative restrictions for export and import according to the national legal system and international treaties, one of the parties of which is the Republic of Moldova;

h) accepts resolutions on negotiation and signing of international treaties within the competence;

i) sets prohibitions, export restrictions and/or import according to the law.

j) it is excluded

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