LAW OF THE REPUBLIC OF MOLDOVA

of July 26, 2000 No. 1163-XIV

About export control, re-export, import and transit of strategic goods

The Parliament adopts this organic law.

Chapter I Basic provisions

Article 1. Subject of regulation and subjects of this law

(1) This law regulates the principles and control procedure of export, re-export, import and transit of strategic goods, determines basic provisions of this type of activity for the purpose of ensuring national security of the Republic of Moldova, foreign policy interests of the state and its participation in international efforts by export control.

(2) Subjects of this law are:

a) The interdepartmental commission on export control, re-export, import and transit of strategic goods (further - the Interdepartmental commission on control) working according to the current legislation and performing the activities in specific mode of privacy;

b) the state bodies involved in export control, re-export, import and transit of strategic goods;

c) persons performing activities for export, re-export, import and transit of strategic goods.

Article 2. Basic concepts

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

strategic goods:

a) products, technologies and services of dual purpose (civil and military);

b) arms, ammunition, military equipment and technologies relating to them and services;

c) products, technologies and services which can be used in production and use of atomic, chemical, biological weapons and rockets which can be used as carriers of this weapon;

d) other products, technologies and services requiring special control for the benefit of ensuring national security or foreign policy interests and also according to the international agreements and obligations signed by the Republic of Moldova;

weapons of mass destruction - chemical, bacteriological (biological), radiological, atomic weapons or rockets which can be used as carriers of this weapon;

products of dual purpose - set of the scientific and technical knowledge, processes, materials and the equipment used in case of development, production and operation of civilian products which can be used also for military production, atomic, chemical, biological weapons, and also other types of weapon of mass defeat and means carriers of such weapon and conventional weapons;

export - export of strategic goods from customs area of the Republic of Moldova for placement in the territory of other countries or transfer of the classified information and technologies;

import - import of strategic goods to customs area of the Republic of Moldova for permanent placement to territories of the country;

transit - transportation (passing) of strategic goods across the territory of the Republic of Moldova under customs control;

re-export - export of the strategic goods coming from other countries from customs area of the Republic of Moldova or export of the strategic goods coming from the Republic of Moldova from the territory of other countries on the territory of the third countries;

person - any physical person or legal entity irrespective of the country of the location, the citizens of the Republic of Moldova who are located abroad, performing export, re-export, import and transit of strategic goods;

the import permit - single permission to transfer of the strategic goods which are subject to control which are on customs area of the Republic of Moldova for the purpose of permanent placement in the territory of other countries;

permission to re-export - single permission to transfer of the strategic goods coming from other countries from customs area of the Republic of Moldova, or for export of the strategic goods coming from the Republic of Moldova from the territory of other country to the third country;

the import permit - the single import permit of strategic goods on customs area of the Republic of Moldova;

permission to transit - single permission to transportation of strategic goods through customs area of the Republic of Moldova;

individual permission - the permission provided to certain person for export, re-export, import or transit of strategic goods for the single end user or the receiver from foreign state valid for one or several strategic goods;

global permission - the permission provided to person for export, re-export, import or transit of one type or one category of strategic goods for one or several end users and/or in one or several said countries;

general permission - the import permit, re-export, import or transit of certain category of strategic goods in said countries of appointment, available to all persons, the corresponding general terms of use of permission;

the international certificate for import - the document testimonial of availability at the importer of the import permit of strategic goods and the employee for submission to public institutions on export control of strategic goods of the country from where their export is performed;

the certificate of delivery confirmation - the document, confirmatory that the strategic goods which are subject to control specified in permission are legally imported on customs area of the importing country;

the end-user certificate - the document guaranteeing use of the exported, re-exported or imported strategic goods to destination which is specified in the import permit, re-export or import issued by the relevant organization on export control, re-export, import and transit of strategic goods in the Republic of Moldova or abroad.

Article 3. Scope of this law

(1) Provisions of this law are applied to all persons performing export, re-export, import or transit of strategic goods.

(2) the trading activities with foreign states relating to purchase and sale of strategic goods, the transfer of the classified information and technologies realized without physical contact with the territory of the Republic of Moldova also fall Under operation of this law.

(3) If international agreements, one of the parties of which is the Republic of Moldova, others are established, than provided by this law, governed, provisions of international agreements are applied.

Article 4. Principles of control of export, re-export, import and transit of strategic goods

Export control, re-export, import and transit of strategic goods is performed according to the following principles:

a) observance of the main directions of foreign policy of the Republic of Moldova;

b) protection of interests of ensuring national security;

c) accomplishment of the international obligations on nonproliferation and other strategic goods used in the military purposes;

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

e) control of end use of the strategic goods which are exposed to control within non-proliferation regime;

f) open entry to the regulations regulating export control, re-export, import and transit of strategic goods;

g) participation in international efforts on export control of strategic goods;

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