Unofficial translation

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of May 11, 2017 No. 297

About implementation of the Law No. 215 of November 4, 2011 on frontier of the Republic of Moldova

Based on part provisions (3) Articles 7, parts (5) Articles 15, the subitem e) parts (2) Articles 23, parts (3) Articles 28, parts (5) and (9) Articles 35, parts (1) Articles 36, parts (1) Article 37 and part (2) article 41 of the Law No. 215 of November 4, 2011 on frontier of the Republic of Moldova (The official monitor of the Republic of Moldova, 2012, Art. No. 76-80, 243), with subsequent changes and amendments, DECIDES: the Government

1. Approve:

1) Additional rules of control when crossing frontier according to appendix No. 1.

2) Rules of the mode at check points through frontier according to appendix No. 2.

3) the List of check points through frontier of the Republic of Moldova according to appendix No. 3.

4) Technical regulations of equipment of check points through frontier according to appendix No. 4.

5) Rules of issue of permission to activities at check points through frontier according to appendix No. 5.

6) Special rules of the mode of border area according to appendix No. 6.

7) Rules of establishment of operational task according to appendix No. 7.

8) Special rules of the mode of border area, according to appendix No. 8.

9) Rules about procedure and conditions of issue by Boundary police of permissions to conducting hunting in border area, according to appendix No. 9

2. To provide to the central industry bodies of public management and other involved bodies and organizations implementation of this resolution within the assignments approved in the government budget for the corresponding year and from other sources which are not contradicting the law.

3. Recognize invalid:

1) the Order of the Government No. 926 of December 12, 2012. "About implementation of the Law No. 215 of November 4, 2011 on frontier of the Republic of Moldova" (The official monitor of the Republic of Moldova, 2012, Art. No. 270-272, 1041);

2) Item of 15 changes and additions which are made to the Order of the Government No. 312 of May 5, 2014. (Official monitor of the Republic of Moldova, 2014, Art. No. 110-114, 340).

Prime Minister

Paweê Phillip

Countersigns: Minister of Internal Affairs

Aleksandra Zhizdan

 

Appendix No. 1

to the Order of the Government of the Republic of Moldova of May 11, 2017 No. 297

Additional rules of border control when crossing frontier

These rules partially shift Regulations (EU) 2016/399 European Parliament and Council of March 9, 2016 about the Code of the Union about the mode of crossing by people of borders (The Schengen code about borders) published in the Official magazine of the European Union No. L 77 of March 23, 2016 and shift the Directive 2004/82/EC of Council of April 29, 2004 about obligation of carriers to transfer data on passengers, published in the Official magazine of the European Union No. L 261 since August 6, 2004.

I. General provisions

1. These rules are established:

1) conditions of creation of corridors, categories of persons and the rule of following along corridors at check points through frontier (further – check points);

2) categories of persons at which in documents for crossing of frontier it is not sealed;

3) special rules of control when crossing frontier concerning some categories of persons;

4) special rules of control of border concerning certain types of frontier and vehicles;

5) rules of registration of information;

6) the rules concerning procedure and conditions of transfer and information processing by air carriers;

7) rules of crossing of frontier by groups on assistance (forming of the emergency reaction) in case of emergency situations and urgent situations;

8) presumption about accomplishment of conditions concerning duration of stay in the Republic of Moldova.

II. Conditions of creation of corridors for crossing of frontier, category of persons and the rule of following along corridors at check points

2. Movement at check points can be divided into corridors for providing optimum flow of the people and vehicles crossing frontier. Corridors are differentiated by means of the indexes provided in appendix No. 1 to these rules depending on specifics of check-point, traffic conditions and infrastructure. In emergency situations corridors can be established at any time and where traffic conditions and infrastructures require it. According to international agreements which party is the Republic of Moldova cooperates with neighboring countries for establishment of corridors at check points.

3. For ensuring free movement of the people and vehicles crossing frontier through check points, corridors are differentiated by means of accurately visible indexes.

4. In road, railway, port and air Items of crossing of frontier citizens of the Republic of Moldova use the corridors established in parts A, B and C of appendix No. 1 to these rules.

5. The foreigners exempted from obligation to have the visa when crossing frontier of the Republic of Moldova, and also foreigners who have the residence permit existing in the Republic of Moldova use corridors, the appendices No. 1 to these rules installed in parts B and C. Other persons use the corridor established in part C of appendix No. 1 to these rules.

6. Information containing in the indexes provided in appendix No. 1 to these rules is advertized in state language and, at least, in one of languages of the international use.

7. In river, port and overland Items of crossing of frontier movement of vehicles is divided into corridors by means of the indexes established in part D of appendix No. 1 to these rules.

8. Depending on formation of accumulations when crossing frontier change of corridors, directions of movement for the purpose of improvement of flow is allowed.

9. In case of imbalance in flow of certain check point of the rule, applied to use of various corridors, can stop Boundary police and Customs Service for the period of time necessary for its elimination.

III. Categories of persons in which acts are not sealed

10. It is not sealed in case of entrance or departure:

1) in passports of citizens of the Republic of Moldova;

2) in travel documents of the heads of states and high-ranking officials accompanying them which arrival was in advance officially announced through the Ministry of Foreign Affairs and European Integration;

3) in licenses of pilots or certificates (certificates) of crew members of aircrafts and the certificate of the safety inspector of flights;

4) in travel documents and on identity certificates of the crew personnel included in the muster roll of any courts which are coming into the port and not performing replacement of crew on travel documents of the passengers included in the passenger manifest, who are on board the vessels, performing cruise travel and the following along the set route according to the predetermined schedule including the tourist program in various ports which does not perform landing and disembarkation of passengers during the travel and are not subject to border control, or cargo passenger ships which port of disembarkation is not the port of the Republic of Moldova (transit);

5) in travel documents of the residents of border area using the mode of small border movement in case of presentation of permission to small border movement;

6) in travel documents of residents of the border areas using the simplified mode of crossing of border in case of confirmation of the residence;

7) in travel documents of the accompanying personnel onboard the train;

8) in identity certificates of the foreigners allowed for crossing of frontier of the Republic of Moldova.

11. On travel documents of foreigners it is sealed in case of each entry into the Republic Moldova/departure from the Republic of Moldova, except as specified, stipulated by the legislation.

IV. Special rules of control when crossing frontier concerning some categories of persons

Section 1. General provisions

12. The special rules established in this Section are applied to control of the following categories of persons:

1) heads of states, the governments and members of the delegations accompanying them;

2) pilots of aircrafts and their crews;

3) seamen;

4) owners of diplomatic, official or service passports, and also members of the international organizations;

5) cross-border workers;

6) minors.

Section 2. Heads of States and Governments, and also members of the delegations accompanying them

13. Heads of States and Governments and members of their delegations which arrival and departure were officially announced Boundary police through the Ministry of Foreign Affairs and European Integration are subject to the minimum control when crossing frontier.

13-1. The minimum control when crossing frontier, stipulated in Item 13, is performed based on lists and copies of the travel documents which are previously provided to Boundary police by the Ministry of Foreign Affairs and European Integration.

Section 3. Pilots of aircrafts and other crew members

14. Owners of the pilot license or certificate (certificate) confirming quality of the member of flight crew, or the certificate of the inspector of safety of flight when implementing powers and on the basis of the specified documents can:

1) to perform landing/disembarkation at the intermediate airport or the airport of arrival located in the territory of the Republic of Moldova;

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