of March 4, 2016 No. 25
About application of the international rationing arrangements
The Parliament adopts this organic law.
This law regulates procedure for introduction, application and cancellation by the Republic of Moldova of the international rationing arrangements established:
a) the resolutions of the Security Council of the United Nations adopted based on Article 41 of Articles of organization of the United Nations;
b) acts of the European Union which the Republic of Moldova joined;
c) the acts and decisions accepted by the international organizations or other states which the Republic of Moldova joined;
For the purposes of this law the following basic concepts mean:
the international rationing arrangements – sanctions and other rationing arrangements concerning the governments of certain states, non-state actors or physical persons or legal entities accepted by the Security Council of the United Nations, the European Union, other international organizations and also by means of unilateral decisions of the Republic of Moldova or other states for the purpose of maintenance of international peace and safety, the prevention and fight against terrorism, ensuring compliance with basic rights and human freedoms, development and strengthening of democracy and the constitutional state, and also in other purposes, according to tasks of the international community and international law;
subjects of restrictions – the governments of the states, non-state actors, physical persons or legal entities which are object of certain international rationing arrangements;
property – any technology or products having economic value or intended for achievement of particular purpose movable or immovable, material or non-material, belonging or being in ownership or under control of certain subjects of restriction or prohibited to import in certain direction or to export from certain place;
strategic goods – products, technologies and services provided by the Law on export control, re-export, import and transit of strategic goods No. 1163-XIV of July 26, 2000;
funds – the financial means and profit of any nature including, but which are not limited to the following: cash, checks, drafts and other payment instruments; deposits in financial or other institutions, account balances, requirements and debt obligations; financial instruments according to the current legislation, promissory notes; percent, dividends or other income from assets or the surplus value received on assets or owing to capital gain on them; credits, compensation rights, guarantees, guarantees of proper execution or other financial liabilities; documentary credits, bills of lading, sales agreements; shares in property of funds or the economic resources and documents confirming possession of those; any other means of financing or the document confirming export financing;
freezing of funds – prevention of any transfer of funds, access to them or any their use which would lead to change of their amount, nature, localization, the owner, ownership, appointment or to other change allowing to use these funds, including to exercise portfolio management;
economic resources – any assets, material or non-material, movable or immovable which are not funds, but can be used for receipt of funds, products or services;
freezing of economic resources – prevention of use of economic resources for receipt of funds, products or services in any manner, including by sale, lease or mortgage.
The international rationing arrangements applied by the Republic of Moldova are directed to establishment and maintenance of international peace and safety, observance of basic rights and human freedoms, the prevention and fight against terrorism, development and strengthening of democracy and the constitutional state according to the principles of Articles of organization of the United Nations, rules of international law and obligations assumed by the Republic of Moldova at the international level.
The Republic of Moldova applies the following international rationing arrangements:
f) import restrictions, export, transit, services, transport or communications;
g) embargo on weapon or other strategic goods;
h) restriction for flight;
i) announcement of certain foreign citizens or stateless persons persona non grata or undesirable persons;
j) prohibitions on entrance on the territory and transit through the territory of the Republic of Moldova for foreign citizens or stateless persons;
k) other rationing arrangements established by rules of international law.
(1) the Sanctions accepted by resolutions of the Security Council of the United Nations based on Article 41 of Articles of organization of the United Nations as well as the decisions of committees on sanctions established by means of these resolutions are applied directly and represent the rights and obligations of bodies of the public power and public organizations, legal entities and physical persons, and also any other subjects of internal law of the Republic of Moldova.
(2) In the field of the competence bodies of the public power and public organizations of the Republic of Moldova shall apply the sanctions provided by part (1) this Article, without the need for adoption of the regulations or decisions provided by articles 8-11 of this law.
(3) in case of the sanctions provided by part (1), in part in which their application is not described in detail in the international regulations of direct action the national regulations, necessary for their application, determining as well the measures necessary for their application, with indication of type and contents of the international sanctions, nominated persons and subjects are adopted. Drafts of national regulations are developed by the bodies of the public power and public organizations responsible for their application, and are accepted by the Government.
(4) References to provisions of the national legal system cannot excuse non-compliance or non-use of the sanctions provided by part (1).
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