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LAW OF THE REPUBLIC OF MOLDOVA

of November 13, 2003 No. 448-XV

About the status of foreign military force in the Republic of Moldova

(as amended on 09-06-2022)

The Parliament adopts this organic law.

Chapter I General provisions

Article 1. Subject of the law

This law establishes conditions of input, temporary stay and conclusion of foreign military force from the territory of the Republic of Moldova, and also transit of its territory according to international agreements, one of the parties of which is the Republic of Moldova (further - the Agreement).

Article 2. Basic concepts

In this law the following concepts are used:

military force - the staff of military units of one of agreement parties equipped with arms and military equipment during their temporary stay in the territory of the Republic of Moldova or transit of its territory in connection with participation in collateral actions;

civil structure - the civilians who are accompanying military force and being in the service of the directing state (Stateless persons, citizens of the states which are not agreement parties and also citizens of the Republic of Moldova do not enter this category);

the family member - the wife (husband) of the employee of military force or civil structure or the children who are on its content;

the directing state - the agreement party which possesses the military force and civil structure directed for temporary stay in the territory of the Republic of Moldova or transit of its territory;

the authorities of the directing state - the authorities of the directing state given authority to managements and applications of the legislation of the relevant state in relation to employees of the of military force and civil structure;

customs duties - customs duties or other charges and the import taxes or export, excepting the amounts representing payment for the rendered services;

collateral actions - participation in:

a) the peace support operations performed under the auspices of the United Nations and Organization for Security and Cooperation in Europe;

b) natural disaster response;

c) humanitarian assistance;

d) search and rescue transactions;

e) bilateral or multilateral trainings, military exercises according to international agreements, one of the parties of which is the Republic of Moldova;

temporary import - customs regime, the allowing import and export of arms, the military equipment entering into equipment, means of support and providing, military equipment, other property including the objects intended only for private use with full relief from customs duties, and also without application of measures of economic policy. Temporarily imported property is subject to return in not changed condition, except changes owing to natural wear and transportations and storages decreased under normal conditions.

Article 3. Restriction of political activities

(1) the Military force, civil structure, and also members of families shall observe the legislation of the Republic of Moldova, not participate in any political activities in its territory.

(2) the Directing state bears responsibility for strict observance by its military force, civil structure, and also members of families of requirements of part (1).

Article 4. Conclusion of free standing agreements

For the purpose of determination of specific conditions of expansion of collateral actions in the territory of the Republic of Moldova the Government through the Ministry of Defence holds negotiations and signs free standing agreements with the State Parties of the corresponding collateral actions.

Chapter II Input and output from the Republic of Moldova of military force, civil structure and members of families

Article 5. Procedure for input and output

(1) the Military force and civil structure do not fall under visa regime in case of input or output from the territory of the Republic of Moldova.

(2) the Military force and civil structure are exempted from registration in territorial structures of the Agency of the state services without receipt of the right to the residence or the location in the territory of the Republic of Moldova.

(3) "The boundary police subordinated to the Ministry of Internal Affairs is authorized to demand from the military force of the directing state when crossing frontier of the Republic of Moldova the following documents:

a) the identification document issued by the directing state, containing photo, surname, name, birth date, military rank, type and number of individual weapon (if that is available);

b) the individual or group order on movement in language of the directing state, and also in English, French or Russian, the issued by competent organization of the directing state, certifying status of the individual or group of military force, belonging of the employee or employees to military force, and also route and established procedure of movement. The procedure for movement of military force on the territory of the Republic of Moldova is approved with the Ministry of Defence of the Republic of Moldova.

(4) the Civil structure crosses frontier of the Republic of Moldova based on the passport.

(5) Members of families fall under passport and visa regime according to the legislation of the Republic of Moldova.

(6) the Military force, civil structure, members of families, and also their property and vehicles enter on the territory of the Republic of Moldova through check points through frontier.

(7) Crossing of frontier of the Republic of Moldova is performed also in other places on the conditions determined by agreements between the Republic of Moldova and other states and also at the airports through which the international message, on permission of the Ministry of Internal Affairs, Ministry of infrastructure and regional development and Customs Service according to the petition of the Ministry of Defence submitted in 10 days prior to arrival of military force in destination is not performed.

(8) the Ministry of Defence in 10 days prior to arrival of military force provides relevant organs of the central and local public authority with necessary information.

(9) the Customs Service has the right to perform personal inspection of employees of military force, civil structure and members of families, examination of their baggage and vehicles, and also confiscation of property according to the legislation of the Republic of Moldova.

(10) the Official documents containing in sealed envelopes are not subject to customs control if persons who transport them have individual order on movement issued in accordance with the terms, provided by this Article. In the order on movement the quantity of envelopes and the fact that they contain only official documents is specified.

(11) the Authorities of the directing state without delay notify the Ministry of Defence and the Ministry of Internal Affairs of the Republic of Moldova:

a) about the employee of military force or civil structure who left from service to the relevant state and it was not repatriated;

b) about the employee of military force who unreasonably was absent in the military camp more than twenty one day.

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