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LAW OF THE REPUBLIC OF MOLDOVA

of June 26, 2003 No. 265-XV

About pre-shipment inspection

(as amended on 03-11-2016)

The Parliament adopts this organic law.

Chapter I General provisions

Article 1. Subject of the law

This law establishes the principles of introduction and implementation of pre-shipment inspection of the goods imported to the Republic of Moldova, regulates the rights and obligations of importers, state bodies, and also the company appointed for implementation of pre-shipment inspection.

Article 2. Basic concepts

In this law the following basic concepts are used in value:

pre-shipment inspection - set of the actions performed in the territory of the exporting country for the purpose of quality control, quantity, the price, financial conditions and classification of the goods imported on the territory of the Republic of Moldova according to the Combined commodity nomenclature;

the company providing services in pre-shipment inspection (further - the company) - the legal entity designated by the Government of the Republic of Moldova for provision of services on pre-shipment inspection;

rules of inspection - the code of the regulations and procedures establishing the principles and the mechanism of implementation of pre-shipment inspection;

the report on positive results - the document issued by the company, confirming the fact of conducting pre-shipment inspection and compliance to its rules of inspection;

the report on discrepancies - the document issued by the company in case of identification of discrepancies concerning quality, quantity, the price, financial conditions and classification of imported goods according to the Combined commodity nomenclature which are not eliminated by the exporter and with which the importer does not agree;

the protective label - the sticker attached by the company to the final account of the exporter or to one of its copies for the purpose of payment implementation;

imported goods - the goods imported on customs area of the Republic of Moldova in customs regime of import and other customs regimes set on contractual basis between the Government and the company.

Article 3. Law purposes

The purposes of this law are:

a) enhancement of the control system in the field of foreign trade activity;

b) increase in taxation and customs duties on import;

c) non-admission of discrimination conditions in foreign economic activity of business entities;

d) invoicing exception at the overstated or cut prices, and also other disloyal practice in case of commodity import to the Republic of Moldova;

e) increase in level of protection of domestic consumers and producers by exception of low-quality turnover of goods and prohibited to commodity importation.

Article 4. Legal basis

(1) Provisions of this law are based on provisions of the Constitution of the Republic of Moldova, the current legislation, international treaties and agreements, one of the parties of which is the Republic of Moldova, including Agreements of the World Trade Organization on pre-shipment inspection.

(2) If the international agreement, one of the parties of which is the Republic of Moldova, other regulations than provided by the national legal system are established, rules of international law are applied.

Article 5. Principles of pre-shipment inspection

Pre-shipment inspection is performed with respect for the following principles:

a) provision of the company of powers by the Government;

b) non-admission of delays when implementing inspection;

c) implementation of inspection in the territory of the exporting country;

d) ensuring transparency of inspection;

e) providing the bystry, effective and fair dispute resolution, arising in the course of implementation of inspection.

Chapter II Pre-shipment inspection

Article 6. The company providing services in pre-shipment inspection

(1) the Government appoints the company according to the international criteria applied in case of the choice of service providers on pre-shipment inspection.

(2) the Company is the legal entity authorized by the Government of the Republic of Moldova to provide services in pre-shipment inspection.

(3) the Company opens Bureau of bonds with the status of the legal entity in the territory of the Republic of Moldova and registers it according to the national legal system, and also branches if it technically and economically reasonablly.

(4) Conditions of provision of services on pre-shipment inspection are established by the agreement signed between the Government and the company.

(The Agreement includes 5) without fail:

a) name of the parties;

b) subject and purpose of provision of services;

c) obligations of the Parties;

d) procedure for provision of services;

e) conditions of the conclusion, cancellation and agreement cancelation;

f) force majeur circumstances;

g) procedure for the dispute resolution.

(6) When implementing pre-shipment inspection the company shall observe the legislation of the Republic of Moldova.

Article 7. Pre-shipment inspection

(Services in pre-shipment inspection include 1):

a) inspection of goods - check in all exporting countries of the goods imported into the Republic of Moldova for the purpose of identification and determination of compliance of goods to quality requirements, marking and the labeling, to expiration date according to terms of the contract concluded between the exporter and the importer;

b) check of the price - price comparison for the purpose of avoidance of invoicing at the overstated or cut prices and forgery taking into account the terms of the contract of purchase and sale and factors of general compliance applied in relation to agreements;

c) check of classification of goods - check of compliance of goods of goods item of the Combined commodity nomenclature of the Republic of Moldova;

d) check of the country of goods' origin and observance of import restrictions.

(2) Norma and general procedures of pre-shipment inspection are established by the Government according to regulations of the Agreement of the World Trade Organization on pre-shipment inspection and recommendations of the International federation of the agencies performing inspection.

(3) In case of decision making by customs authority the data provided to it by the company have informative and advisory character.

Article 8. Main conditions of pre-shipment inspection

(1) import to customs area of the Republic of Moldova of the goods which are subject to pre-shipment inspection, the legal entities and physical persons registered as subjects of business activity on condition of presentation by them to customs authority of the original or acknowledgment copy of the request for inspection certified by the signature of the responsible person of the company Is allowed.

(2) the Report on positive results of inspection issued by the company is submitted the importer to customs authority only in case of customs clearance of goods.

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