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Regulations on issue of the certificate on confirmation of availability of force majeur circumstances

Approved by the Decision of executive bureau of Chamber of Commerce and Industry of the Republic of Moldova No. 16/4 of December 21, 2004

1. This provision is developed on the basis of the Law on Chamber of Commerce and Industry N 393-XIV of May 13, 1999 (The official monitor of the Republic of Moldova, 1999, N 73-77) and the Charter of Chamber of Commerce and Industry (The official monitor of the Republic of Moldova, 2002, N 144-145).

2. According to Item g) article 4 of the specified law and Item 11 of article 8 of the Charter the Chamber of Commerce and Industry establishes and confirms availability of force majeur circumstances in the relations between subjects of business activity.

3. This provision determines method of establishment of force majeur circumstances and procedure for issue of the certificate confirming availability of such circumstances in the territory of the Republic of Moldova which interfered with accomplishment of contractual commitments.

4. The concept "force majeur circumstances" is implied as the contingencies caused by such natural phenomena as earthquake, landslides, the fire, drought, hurricane, pouring rain, flood, frosts, snowfall, etc., or social circumstances, such as revolution, state of war, blockade, strike, import ban or export at the national level, epidemic, etc. The list of such phenomena and circumstances is not exhaustive.

5. Determination of circumstances as force majeur is performed by the following three criteria:

a) chrezvychaynost of circumstances;

b) unexpectedness of circumstances, impossibility to provide them in case of agreement signature;

c) objective unpredictability and insuperability of circumstances.

6. The circumstance can be acknowledged force majeur only if its availability objectively caused impossibility of accomplishment of contractual commitments or their inadequate accomplishment. The circumstances resulting in unprofitability of accomplishment of obligations cannot be recognized as force majeur.

7. The certificate confirming availability of force majeur circumstances (further - the certificate), is issued according to the statement of the economic agent, being one of agreement parties which submits the following documents to Chamber of Commerce and Industry:

- the application signed by the head in whom the name is reported form of business and legal address of the applicant and also is stated statement essence - why this circumstance which led to failure to carry out of contractual commitments should be considered force majeur;

- the copy of the agreement containing force majeur clause;

- the document of competent authority certifying availability of the circumstances specified in the statement (the fire, flood, drought, epidemic), the regulation confirming the fact of import ban or export and so forth;

- copies of specifications;

- the document determining amount of the fulfilled agreement obligations;

- receipt on payment of duty on consideration of the application on issue of the certificate.

If necessary also other documents can be requested.

8. The statement for issue of the certificate and documents attached to it submitted to Chamber of Commerce and Industry are registered in the general register of organization, and also in the special register in which it is recorded materials of this sort, including certificates.

9. The statement and materials provided and registered according to Item 8 of this provision are considered by Chamber of Commerce and Industry which takes out the conclusion. In the conclusion it is stated that the circumstance (circumstances) which took place can be qualified, depending on terms of the contract as force majeur, objectively interfering accomplishment of contractual commitments, that is the circumstance is determined as force majeur.

The Chamber of Commerce and Industry can request consultation of specialists in the field, and also check circumstances on the place.

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