ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of October 20, 2016 No. 1161

About approval of the Code of ethics and behavior of the customs employee

Based on Item h) parts (1) Article 15 and article 50 of the Law on service in customs authorities No. 1150-XIV of July 20, 2000 (The official monitor of the Republic of Moldova, 2000, Art. No. 106-108, 765), with subsequent changes and amendments, DECIDES: the Government

1. Approve the Code of ethics and behavior of the customs employee it (is applied).

2. Declare invalid the Order of the Government No. 456 of July 27, 2009. "About approval of the Code of ethics of the employee of customs authority" (The official monitor of the Republic of Moldova, 2009, Art. No. 121-123, 520).

Approved by the Order of the Government of the Republic of Moldova of October 20, 2016, No. 1161

Code of ethics and behavior of the customs employee

Chapter I. General provisions

1. The code of ethics and behavior of the customs employee (further – the Code) establishes the basic ethical principles, obligatory regulations of professional behavior and office discipline in customs authorities.

2. Observance of the requirements established in this Code is obligatory for the government employee with special status as a part of Customs Service (further – the customs employee) and having special ranks.

3. The purpose of this Code is ensuring provision of the high-quality services based on ethics and organizational integrity, understanding by the customs employee of responsibility in case of accomplishment of job responsibilities and respect for office discipline.

Chapter II. Principles of ethics and behavior

4. The guidelines of behavior of the customs employee are:

a) legitimacy – in case of accomplishment of the assigned obligations the customs employee shall observe the Constitution of the Republic of Moldova, the current legislation and international agreements which party is the Republic of Moldova;

b) professionalism – the customs employee shall carry out the service duties responsibly, competently, effectively, timely and correctly and to be provided with good preparation for the staff of Customs Service;

c) service quality – the customs employee carries out the obligations according to the highest standards of achievements so that to provide as effective realization of the main functions of Customs Service, and carrying out free activities of the taxpayer;

d) honesty – the customs employee shall carry out the obligations fairly, correctly and honesty;

e) loyalty – the customs employee proves commitment to organization in which works, and to the values advanced by it, in relation to the purposes, obligations and its mission, honesty in the interpersonal relations;

f) confidentiality – the customs employee not disclose data which has owing to the official position;

g) independence – the customs employee fulfills duties and powers according to the competences established for the hierarchical level occupied in customs authorities without unreasonable intervention of other customs employees, persons or bodies;

h) impartiality – the customs employee shall make decisions not discriminatory and is equal, without giving preferences to individuals or groups of persons depending on race, nationality, ethnic origin, language, religion, floor, beliefs, political affiliation, condition or social origin, post, giving priority to public interest.

Chapter III. Regulations of professional behavior

5. Service duties and responsibility

1) For execution of service duties the customs employee assumes the personal liability and shall:

a) observe legislation provisions, internal orders, and also the professional regulations specific to the performed activities;

b) observe and apply the basic principles of activities in customs authorities;

c) be loyal to organization in which performs activities;

d) fulfill service duties honesty, responsibly, objectively and without prejudice;

e) not answer provocations or insults from any person with whom interacts in case of execution of the service duties, in relation to itself personally, the colleagues or to organization which part is;

f) in the behavior to be based on respect, insistence, correctness and politeness in the relation with all colleagues, including management and subordinates;

g) support and perform activities for fight against fraud, corruption, illicit trafficking in goods and values and other illegal activities;

h) reject and report to higher management about any attempts or the facts of corruption and the related facts of corruption behavior or illegal actions;

i) wear the ordered uniform with observance of regulations of its carrying approved by the CEO;

j) correctly and timely to fulfill service duties within competences and the assigned obligations;

k) follow legal instructions of higher management;

l) execute the order of higher management, reporting about it to the direct head;

m) identify itself in accordance with the established procedure in case of interaction with the public;

n) study this Code, and also with consequences in case of its non-compliance, having signed Confirmation about acquaintance (appendix No. 1);

2) If the customs employee receives obviously illegal instructions (specifying is considered illegal if it contradicts acting legislative and to regulations, exceeds ex-officio full powers or requires actions which the receiver of specifying has no right to execute):

a) he tells the author of specifying the opinion;

b) at the same time informs about this fact, orally or in writing, higher management of the author of the specifying and/or division responsible for internal security, directly or next day;

c) repeated specifying shall be formulated in writing and to be obligatory for execution under responsibility of the author of specifying, except as specified, when it has essential elements of offense or offenses;

d) he cannot be authorized or punished in case of fair bringing to data of management of information on illegal orders.

3) If the customs employee participates in the criminal procedure or other offense, he shall report without delay about it personally or through the intermediary to higher management, whenever possible, by means of submission of the Declaration on criminal actions or offenses (appendix No. 2).

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