LAW OF THE REPUBLIC OF MOLDOVA

of June 9, 2017 No. 109

About border measures, customs control and about providing tax regime within joint control at check points through the Moldavian-Ukrainian frontier

The Parliament adopts this organic law.

Art. 1. – In departure from provisions of the Law on road fund No. 720/1996, of the Tax code No. 1163/1997, of the Law on production wastes and consumption No. 1347/1997, of the Law on customs tariff No. 1380/1997, of the Law on enforcement of the Section III of the Tax code No. 1417/1997, of the Law on enforcement of the Section IV of the Tax code No. 1054/2000, of the Customs code No. 1149/2000, of the Law on procedure for import to the Republic of Moldova and export from its territory of property by physical persons No. 1569/2002, of the Marine life protection act of the rights of consumers No. 105/2003, of the Law on regulation of business activity by permission No. 160/2011, of the Code of road transport No. 150/2014, of the Law on approval of the Combined commodity nomenclature No. 172/2014 customs activities within joint control at the check points provided by the Government through the Moldavian-Ukrainian frontier shall be performed on to basis of the procedure determined by the Government.

The government is authorized to establish releases from certain charges, certain import and export payments, and also to establish measures of economic policy.

Art. 2. – In departure from provisions of article 40 of the Law on frontier of the Republic of Moldova No. 215/2011 the chief of the General inspectorate of boundary police can make the decision on mitigation of control when crossing frontier at check points with joint control by reorganization of certain functions of control depending on the obligations of the Republic of Moldova following from international agreements with authorities of other states or from other circumstances which are not allowing to exercise control in accordance with the established procedure.

Art. 3. - (1) following provisions of article 82 of the Law on activities of banks No. 202/2017 are not applied To the bank transferring to outsourcing to the bank licensed by the National Bank of Ukraine, transactions on collection from physical persons of import/export payments at general check points through the Moldavian-Ukrainian frontier:

- Item a provisions) parts (6) - concerning reflection in the domestic policy and procedures of bank concerning control of the activities/transactions transferred to outsourcing, the requirements connected with access of internal audit to the processed information it is direct at the supplier;

- provisions of the subitem of the third Item b) parts (6) - concerning implementation of supervising powers of National Bank of Moldova by conducting checks at the supplier and by access to the processed information it is direct at the supplier;

- Item c provisions) parts (6) - concerning providing continuity of the activities transferred to outsourcing in case of emergency situations;

- part provisions (7) - concerning access for the external auditor to the processed information it is direct at the supplier when carrying out external audit.

(2) Provisions of the regulations published by National Bank of Moldova for enforcement of provisions of parts (6) and (7) article 82 of the Law on activities of banks No. 202/2017, are applied to transactions of bank on collection from physical persons of import/export payments at general check points through the Moldavian-Ukrainian frontier in case of transfer on outsourcing of these transactions to the bank licensed by the National Bank of Ukraine in the part regulating other aspects except specified in part (1) this Article.

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