ORDER DEPARTMENT OF BOUNDARY POLICE OF THE REPUBLIC OF MOLDOVA

of July 21, 2014 No. 387

About approval of the Instruction about application of prohibition on entry of foreigners into the Republic of Moldova established by Boundary police

According to provisions of Art. 9 of the h. (1) the item b) the Law No. 200 of July 16, 2010 on regime of foreigners in the Republic of Moldova, Art. 6 of the h. (1) the item e) the Law No. 283 of December 28, 2011 on Boundary police and according to item 10 of the subitem 15), items 22 and 23 of the subitem 14) the regulations on department of boundary police approved by the Order of the Government No. 434 of June 19, 2012. PRIKAZYVAYU:

1. Approve the instruction about prohibition on entry of foreigners into the Republic of Moldova established by Boundary police it (is applied).

2. I take execution of this order under the personal control.

3. The order inform all personnel of Boundary police.

4. The order becomes effective from the moment of its publication in the Official monitor of the Republic of Moldova.

Approved by the Order of the head of the department of Boundary police of the Republic of Moldova of July 21, 2014 No. 387

The instruction about application by Boundary police of prohibition on entry of foreigners into the Republic of Moldova

I. General provisions

1. This instruction establishes the procedure of application of prohibition on entry of foreigners into the Republic of Moldova, calculations of duration, issue of the decision on prohibition of entry of foreigners into the Republic of Moldova, and also methods of application by Boundary police of seals about prohibition.

2. The prohibition on entry into the Republic of Moldova is applied to foreigners in case:

1) when they leave the territory of the Republic of Moldova after three months from the moment of the expiration of legal term of stay, and the measure for return from the territory of the country was not applied;

2) when illegally drove, since first day of their stay;

3) which provided false personal data, forgery or false documents.

3. The prohibition on entry of foreigners into the Republic of Moldova is applied to foreigners in case of issue of the decision on prohibition on entrance, applications of seal by Boundary police about prohibition of the valid travel documents to crossing of frontier, and also input of query in the Integrated Information System of Boundary Police (IISBP).

4. Provisions of Item 2 do not extend to foreigners who have general minor children or handicapped children with the citizens living in the Republic of Moldova, except as specified, when foreigners were deprived of the parent rights.

5. Provisions of Item 2 will not be applied by Boundary police if the decision on refusal in departure, according to provisions article 11 and 12 of the Law No. 200 of July 16, 2010 was made on regime of foreigners in the Republic of Moldova. The decision on denial of entry can be applied according to the law only after withdrawal of prohibition on entrance.

6. The decision on entrance prohibition for foreigners who request entry into the Republic of Moldova will not replace the decision on denial of entry. Therefore, both decisions are applied separately as required.

7. Responsibility for decision making about entrance prohibition for foreigners to the Republic of Moldova, and also applications of seal about prohibition is born by heads of sectors of Boundary police, their deputies and chiefs of changes.

II. Method of calculation of duration of denial of entry to the Republic of Moldova

8. The prohibition on entry into the Republic of Moldova is applied both on entry into the Republic of Moldova, and on departure from the Republic of Moldova.

9. Duration of prohibition on entry into the Republic of Moldova is determined according to Article provisions 10 parts (1) and parts (2) the Law No. 200 of July 16, 2010 on regime of foreigners in the Republic of Moldova.

10. If there are several cases of the order about prohibition on entrance, then the maximum term of duration of prohibition on entry into the Republic of Moldova will be established.

11. If effective period of the decision on prohibition of entrance did not expire and the foreigner drove on the territory of the Republic of Moldova, then for this violation the Boundary police will apply prohibition on entrance by means of summing of remaining balance of the period, without exceeding the term of 10 years.

12. For execution of legal statuses regarding application of prohibition on entry into the Republic of Moldova to foreigners who drove legally, but stay of which became illegal during the period till 24.12.2010, will not be taken into account namely when the Law No. 200 of July 16, 2010 on regime of foreigners in the Republic of Moldova became effective.

III. Decision on application of prohibition on entry of foreigners into Moldova

13. Before decision making about application of prohibition on entrance the boundary police officer will check in IISPP and in the integrated system Automated information in the field of migration and refugees and in case of impossibility of viewing of information systems, the authorized person which will make the decision will contact the central division of Boundary police and Bureau on migration and refugees.

14. The boundary police officer issues the decision on prohibition on entrance on the territory of the Republic of Moldova according to appendix No. 1 to this instruction, in duplicate, on one for each party, both in the original, with input of query in the Integrated Information System of Boundary Police (IISBP) and using seal about prohibition in the valid travel documents for crossing of frontier.

15. The refusal of the foreigner to sign the decision on application of prohibition on entry into the Republic of Moldova makes sure the signature of one uninterested witness with indication of the information about him (surname, name, phone number) of the Section "Person Refused to Sign"

16. Responsible for the edition of the decision on entrance prohibition person shall foreigners to the Republic of Moldova:

1) within 3 hours to provide by e-mail to responsible division of the General inspectorate of Boundary police the copy of the decision and the copy of the travel document of the foreigner;

2) within 5 working days from the date of the edition of the decision to send it by mail (the special courier) to boundary police, in paper form to department.

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