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The document ceased to be valid since  July 24, 2015 according to Item 2 of the Order of the Government of the Republic of Moldova of  July 17, 2015 No. 442

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of February 12, 2001 No. 120

About approval of the Regulations on the mechanism of the conclusion of international treaties

(as amended of the Order of the Government PM N169 of 19.02.2003)

The government of the Republic of Moldova DECIDES:

1. Approve Regulations on the mechanism of the conclusion of international treaties it (is applied).

2. To the Ministry of Foreign Affairs systematically to inform the President and the Government of the Republic of Moldova on cases of non-compliance with provisions of this resolution and Law on international treaties of the Republic of Moldova N 595-XIV of September 24, 1999. (Official monitor of the Republic of Moldova, 2000, N 24-26, Art. 136).

3. Recognize invalid the orders of the Government of the Republic of Moldova N 196 of April 1, 1996. "About improvement of the mechanism of the conclusion of international treaties of the Republic of Moldova" (The official monitor of the Republic of Moldova, 1996, N 35-37, Art. 254) and N 1048 of October 16, 1998. "About some measures for realization of provisions of international treaties" (The official monitor of the Republic of Moldova, 1998, N 97-98, Art. 1015).

 

Prime Minister of the Republic of Moldova

To Dumitr Bragish

Approved by the Order of the Government of the Republic of Moldova No. 120 of February 12, 2001

Regulations on the mechanism of the conclusion of international treaties

1. The government pursues foreign policy of the Republic of Moldova through the Ministry of Foreign Affairs which is the central industry body of public management equipped with this function. Other bodies of the central public management perform the functions in the field of the international relations only through the Ministry of Foreign Affairs or in close cooperation with it.

The Ministry of Foreign Affairs annually develops and represents to the President of the Republic of Moldova the priority directions of foreign policy of the state which in subsequent in writing informs all ministries and departments and, as necessary, other bodies of the central public management.

2. The decision on need of the conclusion of the international treaty is made by the body responsible for coordination of the area which is the subject of the agreement.

Each body establishes own internal mechanism of consideration of offers on initiation of negotiations containing technique, strategy and the minimum criteria which respect is the main premises for decision about the conclusion of the agreement. This decision without fail is subject to approval of all divisions of the body responsible for the conclusion of the agreement.

Owing to the decision making specified in paragraph one of this Item reasons for need of the conclusion of the agreement according to appendix to this provision which is applied to the text of the agreement and is sent by everything to the interested ministries for approval are constituted.

The offer on initiation of negotiations is submitted to the Ministry of Foreign Affairs only after approval of line items of the interested ministries and departments to which the text of the contract with reasons for need of the conclusion of the agreement was sent for making the conclusion, for exception of opposite line items concerning possibility of the conclusion and implementation of the agreement in case they abstain from the conclusion of the agreement".

Each ministry or department to which area the international treaty offered to the conclusion or accession in parts or in full belongs represents the extensive conclusion about feasibility of accession, having specified in detail special aspects, respectively political, normative, financial or economic.

The offer on initiation of negotiations on the draft of the international treaty is submitted to the Ministry of Foreign Affairs body, responsible for the conclusion of such agreement, in reasonable time after decision making about need of its conclusion and completion of the text of the project according to the decisions received without fail from the Ministry of Foreign Affairs, the Ministry of Economics and reforms, the Ministry of Justice, the Ministry of Finance, and also, in case of need, from other ministries and departments.

According to the paragraph the sixth this Item the repeated request of the conclusion according to the draft of the international treaty is obligatory in case of entering into the text of amendments or amendments which significantly change its content and also if in this occasion there is order of the Government of the Republic of Moldova.

3. The offer on initiation of negotiations shall include:

the reasons for need of the conclusion of the agreement with indication of the effects of political, financial, economic or other nature connected with the conclusion of the agreement, and also comments to notes and offers made by the relevant ministries and departments signed by the head of the central industry body or its deputy;

text of the draft agreement;

the conclusions provided in Item 2;

the draft of the presidential decree of the Republic of Moldova or the order of the Government of the Republic of Moldova about initiation of negotiations (in state language with transfer into Russian) which the President of the Republic of Moldova or the Government express on the project and approve initiation of negotiations.

4. Based on the presidential decree of the Republic of Moldova or the order of the Government of the Republic of Moldova about initiation of negotiations only the delegations authorized according to the law can take necessary actions for negotiations, initialing or signing of international treaties.

Sign the international agreements only persons having the right to that according to the law whose powers are certified afterwards by the Ministry of Foreign Affairs.

5. In case of introduction of the offer on initiation of negotiations or submission of the petition for receipt of powers on signing of the international treaty in the simplified form the body responsible for implementation of this agreement submits to the Ministry of Foreign Affairs document package, provided in Items 3 and 6 of this provision.

The international agreements in the simplified form are signed based on the special powers conferred by the President of the Republic of Moldova or the Prime Minister of the Republic of Moldova, expressing the final consent of the Republic of Moldova to be connected by the agreement by its simple signing.

6. For receipt of powers the body responsible for the conclusion of the international treaty, at least in 20 days prior to negotiations, submits procedures of initialing or signing to the Ministry of Foreign Affairs for further transfer to the President of the Republic of Moldova or to the Government of the Republic of Moldova:

the official petition for provision of powers with indication of time and the venue of negotiations, the procedure of initialing or agreement signature, and also the official who intends to receive appropriate authority;

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