Report on the Implementation of the Action Plan Republic of Moldova – European UnionFebruary 2005 – February 2008

Chapter 2.5 Cooperation in Justice and Home Affairs

Migration issues (legal and illegal migration, readmission, visa, asylum)

(44) Assess the scale of illegal migration to, via and from Moldova and monitor migratory movements.

1 Exchange information concerning, and assess the scale of, illegal migration in the EU and Moldova, including the establishment of an electronic database for the monitoring of migration flows to, via and from Moldova;

The GD no. 40, adopted on 12.01.2007, on the creation of the informational integrated system in the area of migration (SIIAM) is being already implemented. The SIIAM has the objective to provide access to all the relevant institutions to the information on migration, in order to be able to follow the migration flows in, within and outside the country.

The concept and the action plan of the SIIAM were developed. In November 2007 was approved the Conception of the System and published in the Official Monitor on 28.12.07. At the present moment the development of the technical tasks of the new system is being done. SIIAM will be operational starting with the middle of the year 2008.

The creation of the SIIAM at the present moment is financed by the SIDA in cooperation with the International Organisation for Migration (IOM).

Until the end of September 2007 the informational resource of the Ministry of Interior (MoI), BGS (Border Guards Service) and MoID (Ministry of Informational Development) will be integrated.

At the European level the Republic of Moldova jointly with the IOM continued to appeal to the European Commission and to the EU member states to receive the necessary support in order to launch a regional project on the creation of the Pan European Mechanism of data exchange and information in the field of Migration, according to the recommendations of the experts of the Regional Round Table of the Pan European Dialog in the field of Migration Management of October 2006.

At the present moment the exchange of information in the field of migration is being done through the SECI/GUAM.

MIA, MID, MET, BGS, MFAEI

Further alignment of domestic legislation with EU standards in order to criminalise illegal

Until the present moment the following actions were fulfilled:

Due to the criminal organisation of the illegal migration, in December 2005 amendments to the Penal Code were

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migration. made, and a new article was added, no.362/1 “Organisation of the illegal migration”.

Also, the Code for Administrative contraventions was amended by complementing it with a new art.191/1 “Breach of the rules for residence of the foreign citizens or apatrid persons in the Republic of Moldova” and the art.192/2 “Breach of the rules for registering or re-registering the identity papers, of elaboration of papers on rights for stay or transit of the Republic of Moldova for foreign citizens or apatrids”.

In December 2005 the ILO Convention no.97, on the migration with the objective to employ, was ratified

In February 2006 the European Convention on the legal status of the migrant workers, was ratified.

In order to implement the provisions of the Convention, as well as taking into consideration the conclusions for the EU High Level Group Meeting in the field of Migration of 15 of June 2007, a new Law on migration of labour force and a new Law on the statute of foreign citizens are being developed. On 7th of December 2007 the legal provisions regarding travelling documents were amended (Law nr. 266-XVI)

(45) Supporting the efficient management of migration flows, also by rendering consultative, financial and expert assistance to the government of Moldova and promotion of its activities, in particular to increase professional level of relevant staff through study of foreign experience and internship in relevant services of EU countries dealing with migration policy.

Adoption and implementation of Moldova's National Action Programme on Migration and Asylum Issues (migration issues).

On 7th of September 2007 within the Commission for administration of the emigrational processes the preliminary report on the implementation of the National Programme in the field of Migration and Asylum was adopted. At the end of September 2007 the preliminary Report on the implementation of the National Programme in the field of Migration and Asylum was sent to the experts of the European Commission for consultation.

The deadline for the implementation of the NPMA is 31st of December 2007. The final report will be sent to the European Commission for consultations in January 2008.

At the EU/Moldova meeting in the field of migration of 18th of September 2007, there were discussed the objectives for continuing the reform in the field of managing the migration and asylum. The position of the Republic of Moldova is to negotiate a draft EU/Moldova plan of actions on the management of migration in the context of the future mobility partnership.

For the fulfilment of NPMA monthly representatives are participating at the session of the Commission for Social Assistance jointly with the NGOs for the examination of the cases for social assistance to the applicants for asylum, refugees and beneficiaries of the humanitarian protection.

In order to study the practice of other countries regarding the activity of the institutions competent in the field of migration,

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the representatives of the Ministry of Interior participated at a number of events: seminars, conferences, study visits. Namely: The Project “consolidation of the management of migration and asylum”, Project “Increase the capacities to develop the procedures for managing the migration and of the migration policies”, financed by SIDA and implemented by IOM, the Project “Consolidation of the management of migration in Republic of Moldova –MIGRAMOL”, the Project “The network of information from the origin countries of the applicants for asylum III” and others.

In order to understand the social danger of the illegal migration and the necessity to observe the Law in the field of migration, during the press conferences, and through the information placed of the web site of the Ministry of Interior www.mai.md are disseminated data for the civil society on the negative impact of the illegal migration. On 8 of July 2007, 1385 cases for breach of the staying rules were registered, as a result 250 citizens were expulsed, and other 315 got a reduction of the staying period.

On 26 of April representatives participated to the General assembly of the foreign citizens and apatrids from ULIM and USFM, meeting at which the new amendments of the existing legislation on the statute of the foreign students on the territory of Republic of Moldova were announced.

IOM jointly with the Ministry of Interior is implementing the project financed by the European Commission “Creation of the Centre for temporary placement of foreigners”

Regarding the collaboration with international organisations it is to be mentioned that the Agreement for collaboration within the multilateral project “Europe and Human Rights” with the Association for Development, Voluntary and Information of Youth, as wel with the “Europe sans frontiere” was signed, that has the main objective to develop voluntary activities in the field of asylum. Study visits were organised to Denmark and Sweden within the Project “development of the capacities to elaborate procedures for management of the migration and of the migration policies in the Republic of Moldova”.

By the GD no.240 of 02.03.2007 the quantum of the financial aid for the refugees for the year of 2007 was set to 200 lei.

Taking into account that several priority actions, such as the creation of the informational integrated system in the area of migration (SIIAM) and the implementation of the Visa Facilitation and Readmission agreements with the EU, which are in the process of implementation and require strict monitoring, a new Program of Actions has been elaborated in the field of migration and asylum for the zears 2008-2009, which has been already examined by the national relevant institutions and coordinated by the expert group. Currently, the set of documents is sent to the Government for examination and approval.

(46) Approximation of Moldovan legislation to the EU norms and standards, implementation of the 1951 UN Convention relating to the status of refugees and the 1967 Protocol relating to the status of refugees, including the right to seek asylum and respect for the principle of non-refoulement. Approximation of the system of state authorities responsible for implementation and realisation of legislation on asylum and refugees to EU norms and standards..

Implementation of the obligations of the Geneva Convention and

In order to implement the UN Convention of 1951 on the statute of refugees and of the Protocol of 1967 of the statute of refugees, on 26th of May 2005, the Parliament adopted the Law for amending the Law on the statute of the refugees that entered into force on 8 of July 2005, having mainly the following amendments:

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its Protocols, inparticular through the development of an asylum system.

- A new form of protection - humanitarian protection;- Amendment of the statute of the Council for refugees by transforming it into a consultative body;- Ensuring the access of the representatives of the United Nations High Commissioner for Refugees (UNHCR) to

the penitentiary institutions, isolator for penal prosecution (custody), the transit areas from the airports or at the state border were the respective persons are detained or held.

The GD on the identity papers of the refugees was adopted. The GD on the additional measures for the fulfilment of the national System of Passports was amended and complemented. The GD no.333 of 18 th of March 2002 on adopting the Concept of the informational automatic integrated system “State registry of the population” and the regulation on the State registry of the population was amended and complemented.

Identity Cards were issued for the recognised refugees. On 7th of December 2007 the legal provisions regarding travelling documents were amended (Law nr. 266-XVI).

Develop a system for electronic information exchange between all relevant authorities (border guard, police, Migration Department).

The GD no. 40, adopted on 12.01.2007, on the creation of the informational integrated system in the area of migration (SIIAM) is being already implemented. The SIIAM has the objective to provide access to all the relevant institutions to the information on migration, in order to be able to follow the migration flows in, within and outside the country.

The Concept on SIIAM was approved on 22 November 2007 and published in the Monitorul Oficial 206-206/1478 as of 28 December 2007.

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Advice on Eurodac Regulation and functioning of the Eurodac system.

As a result of the request, made in June 2006 by the Moldovan authorities, to organise consultations on the functioning of the EURODAC system, the European Commission ensured that will additionally inform the Republic of Moldova on the possibility of organising consultative meetings at the experts level.

MIA

(47) Improve cooperation regarding the efficient management of migration flows and on readmission of own nationals, persons without nationality and third country nationals

Initiate a dialogue on readmission in the perspective of concluding a readmission agreement between Moldova and EU, taking into account the human dimension and the socio-economic aspects

On 25th of April 2007 in Chisinau was initiated the agreement on readmission of the persons with illegal residence between the Republic of Moldova and the European Community.

The agreement was signed on 10 of October by the Deputy Prime-Minister Andrei Stratan and the Vice Prsident of the European Commission, after the adoption by the Council of the EU of the respective decision and entered into force on the 1 of January 2008.

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Encourage Moldova to In order to facilitate the implementation of the Readmission Agreement with the European Community, the Republic of MIA

conclude readmission agreements with the main countries oforigin and transit

Moldova is aware of the importance of signing the readmission agreements with the main countries of origin and transit of the illegal migration.

According to the national Plan for visa regime facilitation with the EU, the Republic of Moldova developed the draft framework of the readmission agreement with the NIS countries and the Middle East, already presented to these countries with the proposals to start the negotiations and sign it.

The Ministry of Internal Affairs developed the standard intergovernmental agreement for readmission of the persons with illegal residence, for a number of 28 states (Uzbekistan, Tajikistan, Georgia, Azerbaijan, Armenia, Kazakhstan, Belarus, Kirgizstan, Turkmenistan, Turkey, Syria, Bangladesh, India, Lebanon, Pakistan, Jordan, Afghanistan, Iran, Iraq, China, Great Britain and North Ireland, Denmark, Iceland, Bosnia and Herzegovina, Montenegro, Serbia, etc.)

This standard agreement was reviewed by the relevant institutions and adopted by Government Decision nr. 1152 as of 22 October 2007. The readmission agreement with Albania and the project of the Protocol concerning the implementation is in the process of negociation now.

In order to accelerate the procedure of negotiation, Ministry of Internal Affairs sent leters of intention to all CIS Ministries of Internal Affairs with the proposal to sign this agreement during 2008.

The same procedures will be done for SEE countries.

MFAEI

(48) Pursue a dialogue concerning cooperation on visa policy

Exchange of views on Schengen procedures and initiate a dialogue on the possibilitiesof visa facilitation in compliance with the acquis

The dialog in the field of visas between the Republic of Moldova and the EU started in December 2005 when the political decision was made on the initiation of the discussions with the European Commission and the Republic of Moldova on the visa problem.

The consultative reunion was on 7th of June 2006 in Brussels, during which the Moldovan experts presented the necessary arguments in order to negotiate the Agreement on the facilitation of the visa regime and of the readmission agreement.

The Republic of Moldova presented to the European Commission additional documents with supplementary argumentation. Hereby, as a result of the proposals and the report of the EC Commission, the Council of EU decided on 19 th of December 2006 to launch the negotiations of the above mentioned agreements. The first round of negotiations took place on 9 th of February 2007 in Brussels, and another round in Chisinau on 3rd of April 2007. The last round of negotiations took place on 16-17th of April 2007 when the initialling of the Agreements was decided. On 25 th of April 2007 in Chisinau, the Agreements on the visa regime facilitation and readmission were initialled.

The Republic of Moldova signed the above mentioned agreements on the 10 of October 2007.

Both agreements entered into force on 1st of January 2008.

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Common Visa Application Centre (CVAC)

The creation of the CVAC represents a complementary initiative to the negotiations on signing the visa facilitation and readmission agreements between the Republic of Moldova and EU, launched by the Mr. Franco FRATTINI, Vice President of the European Commission, during the meeting with Mr. Vladimir VORONIN, President of the Republic of Moldova, in June 2006 in Brussels.

On 25th of April the CVAC was launched, a European project without precedent, where the Moldovan citizens can apply for issue of visas for Hungary, Austria, Denmark, Slovenia, Iceland and Latvia.

Hungary at the present moment is negotiating signature of the agreements on the issue of visas with all the Schengen states that do not have a diplomatic representation in Chisinau.

Dialogue and exchange of views on visa co-operation (criteria and the procedure for theissue of visas)

The dialog and exchange of opinions on this matter was achieved during the discussions, negotiations and consultations between the Republic of Moldova and the EU during the years 2006-2007.

As a result, the Republic of Moldova started the procedure of revision of the standards and procedures for visa issuing. Hereby, starting with 1st of January 2008, the Republic of Moldova does not issue visas at the state border. Also the number of states that enter into the risk group according with the Schengen Acquis was increased.

Starting with the 1st of January 2007, the Republic of Moldova abolished the visa regime for the EU Member states, Switzerland, Norway, Iceland, USA and Japan.

MFAEI, MIDSIS

Dialogue on document security

In the context of the negotiations of the visa regime facilitation Agreement, the Republic of Moldova presented to the European Commission the information on the security level of the documents that correspond to the International Security Standards.

The Republic of Moldova from the technological point of view is already issuing passports of the new type for the Moldovan citizens that will contain biometric data of the owner. At the same time, according to the recommendations of the International Civil Air Organisation (ICAO) the existence of a Centre for Certification of the public Keys of high level is foreseen, that will contain the Directory of the Public Keys (public key directory) where the public keys from the countries that are issuing biometric passports are stored.

At the present moment, MID in cooperation with the Security and Information Service initiated the procedure for creation of such a Directory.

MFAEI, MIDSIS

Border management

(49) Development of a system of efficient, comprehensive state border management on all sectors of the Moldovan border, including the Transdnestrian sector

Implement the Concept on Border Control adopted on 4 December 2003, in particularthe transformation of the Border Guards into a Law enforcement agency, and make necessary amendments to national legislation.

Taking into account the recommendations, standards and the best practices in border guard field of EU, in common with the experts of European Union Border Assistance Mission to Moldova and Ukraine, Border Guard Service (hereinafter – BGS) had drafted the project of Law on Border Guard Service, which has already entered into force on 5 October 2007. Also, there has been drafted an Implementation Plan of the Law provisions that is fulfilled with EUBAM assistance.

The accomplishment of necessary amendments to national legislation has been previously coordinated with EUBAM in order to get the expertise and to observe the compliance to EU requirements in border guard field. Also, EUBAM has permanently provided its advisory assistance in view to obtain efficient results in this regard in conformity with European border guard standards.

Also, there had been started and conducted the elaboration of draft Law on the amendment the Law related to State Border of the Republic of Moldova. There has been worked out the Code of Professional Ethics and Deontology of the border guards which at the actual moment has been sent to the EUBAM for consideration, afterwards it will be forwarded to the Government for approval.

Border Guard Service has already drafted the project of the Concept of Securing State Border and the project of Integrated Border Management Strategy of the Republic of Moldova. However, taking into account that conceptual basis for them should come from the provisions of National Security Concept of the Republic of Moldova; Border Guard Service will complete the amendment and will undertake necessary internal procedures for adoption, only after Parliamet will aprove the National Security Concept of Moldova."

BGS

Enhance inter-agency co-operation (among authorities involved in state bordermanagement) as well as co-operation with neighbouring countries, including borderdemarcation and the conclusion of co-operation agreements.

A significant role in the consolidation of the cooperation between the relevant institutions of the Republic of Moldova and Ukraine, is given to the EUBAM Mission, which mandate was prolonged for another two years until 2009.

In the reporting period the work for providing the necessary support for the fulfilment of the EUBAM actions was continued. The relevant officials of the Border Guard Service participated at the meetings of the Consultative Board and the Coordination meetings of the EUBAM. In this regard it can be mentioned that the 14th, 19th and 24th EUBAM Coordination Meetings were conducted within Border Guard Service". In the reporting period the process of implementation of the EUBAM recommendations continued, and the BGS developed an internal action plan for the fulfilment of these issues, adopted by the General Director’s Order, which was also coordinated with the Ministry of Foreign Affairs and European Integration. Periodically, evaluation sessions were organized in order to determine the level of fulfilment of the above mentioned action plan. BGS personnel have been involved in the organization and conduction of 4 Joint Border Control Operation at the Moldovan-Ukrainian State Border. For ex. the 4 th

Joint Border Operation was conducted in October 2007. This was one of the first operations, during which was used target method. There participated: representatives of border institutions and law enforcement agencies from Moldova and Ukraine, liaison officers from Border Guard and Customs Services and EU agencies as FRONTEX, OLAF, as well as SECI Center.

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Also, BGS has actively cooperated on daily basis with EUBAM experts from the EUBAM field office which is located in HQ BGS.

With EUBAM support it has been initiated the implementation of assistance project BOMMOLUK 1, which would contribute to enhancing capacities for border management of the Republic of Moldova and to adjust its activity to EU standards in order to promote trans-border cooperation between competent agencies. Concomitantly, this assistance has facilitated to fulfil Republic of Moldova’s commitments under the Action Plan RM-EU.

Also, one of the objectives of this project is to develop continuously risk assessment capacities of BGS.

During the reporting period considerable progress was noticed in regard to the development of the international collaboration in the area of state border, by signing a number of protocols for cooperation and exchange of information, as well as through the annual implementation of the cooperation plans with the border authorities of the neiboughring states.

One of the main priorities of the BGS of the Republic of Moldova is the elaboration of the legal framework for cooperation with the FRONTEX Agency. In this regard, at the XV plenary session of the International Conference on border problems (Hungary) a working session was held with the General Director of the BGS with the Executive Director of FRONTEX Agency, where the perspectives for the bilateral cooperation development were discussed.

Also, BGS representatives participated in the seminar entitled „“Perspectives of operational European Border Security Cooperation”, which was organized by Federal Ministry of Interior of Germany and FRONTEX, as well as in the International Seminar “Practical Cooperation in the field of External Maritime Border Control in the European Union”, which was organized by FRONTEX and Border and Aliens Service of Portugal. In the framework of this seminar, BGS delegates have discussed with FRONTEX representatives the aspects related to the procedure of establishment legal framework of bilateral cooperation and have discussed following activities that will assure the achievement of this goal. Also, on 01 February 2008, in Warsaw (Poland), took place the first preparatory meeting of «Five Borders 2008" project, organized by FRONTEX Agency. There were invited two officers to participate in this event, as observers, with the aim that after the establishment of bilateral legal cooperation framework, Border Guard Service could integrate into the activities of the project mentioned above.

The process of Moldovan-Ukrainian state border demarcation continued, as well as the process of arrangement of the aerographic materials of the North and South sectors of the Moldovan-Ukrainian state border for the development of the demarcation maps of these sectors, as well as the determination of the state border line in the field and installation of the border signs. For the reporting period, there were carried out 12 sessions of Joint Commission for State Border demarcation between Republic of Moldova and Ukraine.

On 16 of February 2007 the Protocol between the Government of the Republic of Moldova and the Cabinet Ministers of Ukraine, on amending and complementing the Agreement of the Republic of Moldova and Ukraine on the border passing points and the simplification of the formalities for border crossing for the citizens that are residents of the districts near the border, of 11th of March 1997, entered into force. At the same time, as a follow up of the actions undertaken by the BGS

according to legislation in force, the negotiations were held on the draft protocol between the BGS of the Republic of Moldova and the State Border Administrative Service of Ukraine on the working regime of the Moldovan-Ukrainian border passing points (GD no.562 of 18th of May 2007).

In the mentioned period was drafted the draft of the Treaty between the Republic of Moldova and Ukraine on the regime of Moldovan-Ukrainian State Border, cooperation and mutual assistance in border issues. Also, BGS representative participated in negotiations rounds on the draft of Treaty between the Republic of Moldova and Romania regarding state border regime, cooperation and mutual assistance in the field of border matters."

In compliance with Government Decision no. 917 from 13 August 2007, there has been conducted the round of negotiations on the project of the Agreement between the Republic of Moldova and Government of Romania on state border crossing points between Republic of Moldova and Romania. In the present, BGS in compliance with legislation in force has undertaken the necessary measures and the General Director of BGS has been given the powers to sign the mentioned Agreement.

In view of developing international legal framework, there were signed cooperation agreements in border guard field: with Ukraine - 4; with Romania - 2; in the framework of ODED-GUAM - 1; with Latvia - 1; with Hungary- 1; with Lithuania - 1.

Within the GUAM Virtual Centre for fighting terrorism, organised crime, illegal trafficking of drugs and other type of severe crimes, the exchange of data and information is made between the representatives of the border authorities and legal bodies of the Republic of Moldova.

Jjoint control of the relevant agencies from Moldova and Ukraine is achieved at the crossing border points of the Moldovan-Ukrainian border: Criva-Mamaliga, Larga-Kelimenti, Briceni-Rossosani and Giurgiulesti-Reni.

On the transnistrian sector, this will be dealt within the general process of settlement of the transnistrian conflict.

Also, with the EUBAM assistance and on the basis of the Protocol between the Republic of Moldova, the BGS of Moldova and the State Border Administrative Service of Ukraine the exchange of data and information, signed in Brussels, on 21.11.2006, the exchange of statistical data with Ukrainian Border institution was initiated.

At the same time, the above mentioned exchange of information is made also on the basis of the Protocol of the working meetings of the administrators of the border and customs structures of the Republic of Moldova, Ukraine and the representatives of the EUBAM Mission in the Republic of Moldova and Ukraine, on the joint development of the monthly reports of evaluation of the results of supervision of the Moldovan-Ukrainian state border.

In the context of cooperation Republic of Moldova – European Union, BGS took part in the following meetings:

- Subcommittee N° 3 Republic of Moldova – European Union "Customs, Cross-Border Co-operation, Money laundering, Drugs, Illegal Immigration";- Meeting of the Moldova - EU Cooperation Committee; - Trilateral Meeting Republic of Moldova – EU – Ukraine on border issues."

In order to enhance inter-institutional cooperation at the national level, Border Guards Service has continued cooperation with competences regarding to state border e.g. Ministry of Foreign Affairs and European Integration, Ministry of Interior, Ministry of Informational Development, Customs Service, Agency for Land Relations and Cadastre other law enforcement agencies, as well as NGOs.

Also, by Common Order it has been approved a Joint Instruction of General Prosecution, Ministry of Internal Affairs, Customs Service, Border Guards Service, Centre for Combating Economic Crimes and Corruption on the modality for organization, coordination and conducting of operative actions for researches and criminal investigations in the zones for customs and border guard control.

Information exchange with co-interested institutions is conducted via data sharing mechanism called Web-Info and searching system ACCESS-1.

Also, in order to speed up the transmission of data from border crossing points, several BCP, has started to forward information in on-line regime. BGS representatives have participated in the working meetings to assessing the process of setting up the informational integrated system in the area of migration (SIIAM) in compliance with the provisions of Government Decision no. 40, approved on 12 January 2007.

3. Start developing a comprehensive education and training strategy on state bordermanagement,

2) including improved understanding of Schengen rules and standards.

The provisions of the GD no.23 of 10th of January 2007 foresee the creation of the National College of Border Rangers. In this regards the statute, training plan and the analytical study programmes of the College were adopted by the Ministry of Education and Youth. As a result, the National College of Border Guards started its activity on 1st of September 2007.

The BGS staff has improved their knowledge on the EU standards in the field of border guard by participating at the different training courses, conferences, round tables, seminars and workshops. A seminar with the topic “Integral management of the Border: realities and perspectives for the Republic of Moldova” was organised for the staff of the BGS with the involvement of the BGS and EUBAM experts.

The BGS staff participated at the:- International Conference “Integral management of the state border: facilitation of trade and improving security”;- The training course “Approximation of the national legislation in the area of free movement of goods to the Acquis

provisions;- International Conference with the subject “History research and perspectives for the development of the training

institutions forborder services of the Baltic States and Poland”;

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- Seminar with the topic “The Operational and Security Cooperation perspectives at the European State borders” organised by the FRONTEX Agency; - Seminar with the topic “Cooperation of the cross border bodies, trafficking of human beings, illegal migration, trafficking

of narcotic substances; - Training Course in the field of fighting illegal migration, within the State Border Security Service of the Republic of

Hungary;- Training Course in the field of border management, that was organised by the EUBAM mission in the city of Hmenlnitk

(Ukraine); - Training Course “Training future leaders” organised by the Democratic Control Centre of the military forces from

Geneva, in the city of Andermatt (Switzerland); - Long term Training Course dedicated to the international security problems, developed within the G.C.Marshall Centre in

Garmish-Partenkirchen (Germany).

Enhance equipment and develop infrastructure for efficient state border management

In the reporting period, significant efforts were made in order to support the development of the border infrastructure. The Plan for development and construction at the state border on the Moldo-Ukrainian sector for the years 2006-2008, adopted by the GD no.694 of 13.07.2005. In compliance with the Plan, there was laid gas to some border pickets, and constructions works continued.

With the EUBAM support the implementation of the assistance project BOMMOLUK 1, that contributes to the improvement of the management capacities of the Republic of Moldova border and adjustment of the BGS activities to the EU standards.

Within the activities of the BOMMOLUK 1 Project, the EUBAM sent to the BGS a number of desktop computers, a server and multi-functional printing machines, for the risk analysis units within the BGS.

National Border Guard College was refurbished partly within “Enhancing Border Border Management” project implemented by International Organization for Migration and financed by EU.

Also, the US Embassy in Moldova transferred a number of auto vehicles, binoculars and flashlights in order to consolidate the technical capacities of the BGS to fight the cross border crimes.

BGS

(50) Intensify and facilitate cross-border cooperation between Moldova, the EU Member States and neighbouring countries

Continuation of the “Söderköping process”

Within the BGS the working session with the representatives of the Secretariat „Söderköping process” took place where different aspects of the cooperation in the area of emigrational processes were discussed.

During the Meeting of the officials for the „Cross border Cooperation/ Söderköping Process” of 5-7th of September 2007, in Stockholm, with the unanimity of votes of the participants it was decided to continue the respective process for the period of 2009-2012. Hereby, Moldova will continue to participate within the process and will increase the cooperation with all the stakeholders in the field of migration and border management.

BGS

Develop regional co-operation between relevant Law enforcement bodies (police, borderguards, migration and asylum services, customs)

During 27-28 of February 2007, in Galati (Romania), as well as on 26-27 of April 2007, in Cahul (Republic of Moldova) the negotiation rounds were carried out on the draft Agreement between the Republic of Moldova, the Government of Romania and the Cabinet Ministers of Ukraine on the creation and the functioning of the Common Contact Centre of Galati.

At the moment, the review of the draft Agreement between the Republic of Moldova, Government of Romania and the Cabinet Ministers of Ukraine on the creation and the functioning of the Common Contact Centre was finalised, as well as the necessary documentation for initiating the negotiations.

The Border Guard Service, in the framework of collaboration of ODDE-GUAM, three main directions for activity were developed:

1) With the border guards institutions of the GUAM member states (between the border guard services of the four countries, a number of four working sessions were made); 2) For the Project for facilitation of the trade and transport in GUAM The Border Guards Service, jointly with other state authorities, is actively participating at the fulfilment of the National Plan for implementation of PFCT GUAM adopted by the GD no.178 of 15.02.2005 3) Within the Virtual GUAM Centre for fighting the terrorism, organised crime, illegal trafficking of drugs and other types of severe crimes.

Also, BGS has participated in the operation-exercise „BALCANS 2007” which has had the main objective the cooperation enhancement in the field of controlled delivery of drugs, psychotropic substances and precursors. Also, BGS in common with SECI/GUAM Member States took part in the operation called „LOGO-NARCOSTOP” that has the main goal the detection and documentation of illegal channels of drug trafficking, psychotropic substances and precursors, as well as detection of criminal groups and its members involved in the organization of illicit trafficking.

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Fight against organised crime (including trafficking in human beings)

(51) Ratification and full implementation of international instruments which are of particular importance in combating organised crime

Ratify UN Convention against Trans-national Organised Crime and its protocols on smuggling of migrants and trafficking in persons and adopt and implement national legislation (including human right aspects) accordingly

During the year of 2005 this objective was finalised.

The UN convention on the translational organised crime adopted on 15 of November 2000 and signed by the Republic of Moldova on 14 of December 2000 in Palermo entered into force for Moldova on 16 of October 2005. The Protocol (I) against the illegal trafficking of migrants by land, air and sea, additional to the UN Convention against the translational organised criminality, adopted by the UN General Assembly on 15 of November 2000, that entered into force for the Republic of Moldova on 16 of October 2005.

The Protocol (II) regarding the prevention, suppression and punishment of the trafficking of persons, especially of

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women and children, additional to the UN Convention on the trans - national organised criminality, adopted on 15 of November 2000 and signed by the Republic of Moldova on 14 of December 2000 in Palermo entered into force for Moldova on 16 of October 2005.

The Protocol (III) additional to the UN Convention against trans-national organised criminality, on the illegal confection and trafficking of fire arms, was ratified on 13 of October 2005.

In order to implement these international instruments, a number of exercises for investigation and documentation of the cases of human being trafficking and organised crime. In this regard, it is to be mentioned – the operation BALCANI – 2007 (controlled supply of drugs). To this operation two experts participated, one from the Antidrug Direction of the Department for Operative Services and one expert of the National Virtual Centre of SECI/GUAM. The period of organisation was made on 19-24 of May 2007; - Jointly with the Centre for Fighting against the Trafficking in persons by the Ministry of Interior, investigations and checks were performed during the operation BORDER for combating the organised networks for falsification of identity cards of the European Community countries; In the period of 16-18th of May 2007, in Chisinau, three consecutive sessions took place with the participation of the experts from the GUAM states:

- the legal experts meeting for the development of the proposal and the draft legal framework necessary for the implementation by the GUAM states for ensuring the security of the information exchange between the national virtual centres;

- the session of the working group on fighting the trafficking of persons and illegal migration. As a result was decided the organisation of the joint operation „PEREHVAT-1” of the GUAM member states in the relevant field, in October 2007.

- the session of the GUAM working group on fighting the terrorism, organised crime and trafficking of drugs, with the participation of the Deputy Minister of Interior of the Republic of Azerbaijan, Vilaiat EIVAZOV. As a result the Strategy of the Working group for the years 2007-2008 was decided, that was included in the general strategy of the GUAM member states, the last one being signed at the GUAM summit on 18-19th of June 2007;

- during the meeting of the working group on fighting trafficking of drugs, of 29-30th of June 2007, in the city of Bacau (Romania), the proposal on the organisation of the common operation in the area was made to the SECI/GUAM Centre coordinated by the Directorate for Antidrug of the Department for Operative Services. As a result the plan for the operation „NARKOSTOP - 2007”.

For the prevention of the trafficking of human beings special operations were organised: „Nistru”, „Expeditie”, „Hotar”, operation performed with the support of the SECI Centre, with the participation of more than 13 countries.

Due to the support of the SECI, in May 2007 the meeting of the Moldovan and Turkish authorities was possible, that was considered the main country for destination of the human trafficking, for sexual exploitation and organs trafficking. The main objective of the meeting was the exchange of the information on the victims of the trafficking that were registered in Turkey and the development of a clear mechanism for informing the legal bodies from the country competent of the prevention and fighting of human trafficking.

At the present moment is in full development the international operation „Urma” to which the Republic of Moldova isparticipating.

In order to adjust the provisions of the national legislation that regulate fight against the area of human trafficking with the provisions of the UN Convention of Palermo against the Trans-national Organised Crime and the Protocol on the Counterfeit and Traffic of Persons, the General Prosecution office developed the Law on amending and complementing the penal code (art.165,206,302, 362/1, trafficking of human beings, trafficking of children, initiation and organisation of beggaring and other) – draft that was sent to the Government.

Sign and ratify protocol to the UN Convention (see above) on illicit manufacturing andtrafficking of firearms

The activity was completed during the year 2005.

The additional Protocol (III) to the UN Convention against the trans-national organised crime, against the illegal confection and trafficking of fire arms, was ratified on 13 of October 2005.

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Enhance the Moldovan Law enforcement authorities (police, border guards, customs)through the 2) provision of modern equipment, facilities and training in order to 3)increase inparticular the effectiveness of border crossing checkpoints; 4) Prevent and fight sexualexploitation of women, children and child pornography.

In order to implement the recommendations, the OSCE Mission in Republic of Moldova is organising on regular basis technical sessions for coordination of the actions for prevention and fighting against trafficking of human beings. Also, with the support of the OSCE Mission in Republic of Moldova the database for the anti - trafficking agents is being updated. In order to ensure a coordination of the process of prevention and fight against the trafficking of human beings, the Centre for Combating the Trafficking in Human Beings (CCTHB) by the Ministry of Internal Affairs with the support of the US Government, OSCE Mission in Moldova, IOM and the International Centre for Development of Emigrational Policies from Vienna.

The CCTHB is a common unit where representatives from the Ministry of Interior, SIS, General Prosecution Office, Customs Service, Border Guard Service and CCECC are working together.

The objective of the CCTHB is to conduct criminal prosecution activities on the crimes related to the trafficking of human beings.

For the prevention of the trafficking of persons are organised seminars and the information is publicly disseminated.

According to the plan of the CCTHB and the Ministry of Internal Affairs on the preventive –prophylactic measures for the period of the semester II of the year 2007, activities for prevention and development on preventing and fighting the trafficking are conducted in the schools and high education institutions.

The objective of this company is to provide information and increase the knowledge level of the students on the consequences of human trafficking and illegal migration.

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The representatives of the Ministry of Internal Affairs brought to the knowledge of the students the information on the activities conducted by the staff of the Centre in the field of prevention and fighting against trafficking of human beings and illegal migration, the fulfilment of the provisions of the Action Plan Moldova -EU and of the recommendations of the Council of Europe, the actual tendencies of the trafficking phenomenon, the types of exploitation, the relation of the victims with the collectors, as well as statistical data obtained during the years in this field, the international trafficking lines and the international cooperation for fighting the trafficking of human beings etc.

With the objective to create a system of return for the victims of the human trafficking, an efficient collaboration was established with the legal bodies from our country and other non-governmental organisations, namely: International Organisation for Migration, Centre for prevention of trafficking of Women, International Centre for Protection and Promotion of the Women Rights “La Strada”, Association of the Women of Legal Carrier, Centre for Rehabilitation of the Traffic Victims and other.

In the process of fighting the trafficking in human beings, the CCTHB of the Ministry of Internal Affairs is supported in its activity by the US Embassy in the Republic of Moldova, OSCE Mission, UNICEF and UNDP.

In Lanzarote, Spain, during the period of 25-26 th of October 2007, the Convention of the Council of Europe on the protection of the children’ rights against exploitation and sexual abuse, was signed.

In order to prevent and stop the trafficking of persons are organised raids to the tourism agencies for the prevention of committing such kind of crimes.

Within the General Prosecution Office, a specialized subdivision was created, that deals with the criminal prosecution of the cases that involve human trafficking and crimes connected to this phenomenon, that are investigated within the CCTP by the Ministry of Internal Affairs. This subdivision is attributed to monitor all the penal prosecutions on cases related to human trafficking that are investigated or that are conducted by the prosecution offices in other regional offices, including by developing assistance mechanism for the victims of trafficking, cooperation with the civil society and international forums that deal mainly with the fighting against all forms of trafficking in human beings.

(52) Reinforce the fight against trafficking in human beings, especially of women and children, and smuggling of illegal migrants, as well as activities to prevent trafficking in human beings and to reintegrate victims of this traffic (see also above under Human rights)

1. Implement actions recommended at national levels by OSCE action plan to combattrafficking in Human Beings (approved in Maastricht December 2003), Chapters

In the process of fighting the trafficking of human beings, the Ministry of Internal Affairs is supported by the OSCE Mission in Moldova. With the financial support of the OSCE and of the National Committee for preventing the human trafficking, a series of training seminars were organised, with the objective to consolidate the capacities to fight the trafficking of persons in order to prevent this phenomenon.

Information campaigns were organised for the population on the trafficking cases, the consequences of this and the assistance provided to the victims on their return home, as well as information about the rehabilitation of these within

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III, IVand V and enhance co-operation in the framework of relevant internationalorganisations (OSCE, UN).

the society.

2. Implement provisions on the fight against trafficking in human beings contained in theNational Human Rights Action Plan of the Republic of Moldova for 2004-2008 (chapter7b).

Special attention is given to fighting the trafficking of children.

The CCPT by the Ministry of Internal Affairs jointly with the territorial subdivisions of the Ministry of Internal Affairs uncovered 59 crimes that involved trafficking in children.

The criminal liability for the legal persons involved in the trafficking in human beings was established, as a result of amendments to the national legislation.

Proposals for the revision of the art.206 Criminal Code were made and relate to the adoption of children.

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3. Promote regional co-operation between relevant Law enforcement bodies (police, borderguards, customs and judiciary).

It is important to mention that an important role in the prevention of the trafficking phenomenon is given to the cooperation with the states from the region (Balkan states, Turkey, Russia, Italy and others)

In order to prevent and fight the phenomenon of trafficking of human beings the Moldovan authorities have established a cooperation at the following levels:

International (UN Convention on Trans-national Crime (Palermo Convention) and its protocols); Regional (European Treaties and multilateral Agreements: CoE, SEESP, SECI, GUAM, OCEMN); Bilateral treaties on prevention and fighting of the traffic of human beings (e.g. Turkey)

The cooperation at the international and regional level between the specialised structures for fighting organised crime is made on the basis of the bilateral intergovernmental agreements. At the moment there are legal basis for cooperation in the field of organised crime with Italy, Great Britain, Romania, Ukraine, Czech Republic, Poland, Hungary, etc.

These agreements foresee the method of exchange of information in the cases of organised crime, as well as other mutual activities for cooperation in this field.

At the same time within the Ministry of Interior is actively working the National Virtual Centre SECI/GUAM that has the main competences to organise through the contact officer from the Ministry of Interior to the Regional Centre SECI (Bucuresti) the operative exchange of information between the member states of the SECI and the Republic of Moldova.

Hereby, on the basis of the received/provided operative information through this channel was possible to register the

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criminal activity of many suspects, which later on were criminally prosecuted. At the same time, the Ministry of Internal Affairs is actively participating to the common operations made under the SECI in order to solve cases of smuggling with stolen cars, trafficking of drugs and persons and others.

4. Develop legal and psychological support to victims aiming at their reintegration

In 2006 IOM in partnership with the Ministry for Social Protection, Family and Child, launched the implementation of the National System for Reference (NSR) for the victims of the trafficking in persons in 5 pilot regions from Moldova. The Government is becoming more involved in the activity of support of the trafficking victims (medical, psychological, social, legal and occupational)

NSR is representing an integrated system that offers assistance to the victims of human trafficking and of the vulnerable persons by referring to the local public authorities and civil society. NSR was launched in June 2007. Hereby, a national system for assisting the victims of the trafficking of human beings was established in Moldova.

The assistance for reintegration and rehabilitation of the persons trafficking victims is provided with the assistance of IOM within the Rehabilitation Centres for women that are victims of the trafficking of human persons.

The CCTHB collaborates with the Centre for Protection and Promotion of the Women’ Rights “La Strada” in the field of ensuring the children/ victims of the trafficking in human beings with social assistants and psychologists when they are being interviewed.

Also, the Informational Centre “La Strada” is providing assistance for the identification of the victims of the trafficking of human beings, psychological assistance to these victims and support by keeping a hot line.

The Centre for prevention of the trafficking of women is providing legal assistance and social counselling of the victims of the trafficking of human beings.

In the Republic of Moldova the Centre for Rehabilitation of the Trafficking Victims is currently running, that is the contact point for the persons which returned to Moldova after the horrible experience of a trafficking victim. The Centre provides wide assistance services to the persons that were included in the rehabilitation programme, hereby, the victims trafficking benefit from medical, psychological and legal assistance.

At the same time the Rehabilitation Centre is opened for the persons that were subject to trafficking and their children, unaccompanied minors, vulnerable migrants and persons exposed to the risk of trafficking.

With the objective to stimulate the fight against trafficking of human beings, the Ministry of Internal Affairs in cooperation with the International Organisation for Migration and the CCPT developed the draft Memorandum of understanding on the standard procedures for cooperation in the field of assistance to victims of the trafficking of persons in the Republic of Moldova.

The main principles of this memorandum are to prevent and fight the trafficking in human beings, to protect the

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fundamental rights of the persons that suffered from the trafficking of persons as well as to ensure the observance of the dignity and welfare of the victims that were subject to trafficking.

The last meeting within CCTHB was organized on 18th January 2008. At the meeteng the relevant NGO participated as well and it has been taken the decision on the final version of the Memorandum.

In the context of the development of the legal support, by the GD no.175 of 19 th of February 2007, the negotiations on the Agreement for collaboration between the Governments of the Republic of Moldova and of the United Arabian Emirates on the fighting of trafficking in human beings were initiated.

At the same time it is examined the possibility to negotiate the treaties on fight against the trafficking of human beings with other states of origin or destination. Hereby, on 20 th of July 2007, in Chisinau was signed the Moldovan-Slovak Intergovernmental Agreement in the area of fighting the criminality (including the trafficking in human beings).

On the basis of the provisions of the Convention of the Council of Europe on fighting the trafficking of human beings meetings are held in order to increase the efficiency to eradicate this phenomenon. In the second decade of June the Moldovan-Turkish consultations were held in the area of fighting the trafficking of human beings under the support of the Regional Centre SECI, with the objective to establish a well determined mechanism of information exchange and intervention in cases of human trafficking.

(53)

Drugs

Further strengthen the fight against drug trafficking, including the trafficking of essential chemicals and precursors, and against drug abuse in particular through prevention and rehabilitation, in accordance with art.76 of the PCA

Continue to implement the 1988 UN Convention on Illicit Traffic of Narcotic and Psychotropic Substances.

Within the adopted measures, with the purpose to observe the obligations undertaken with the international organisations on the implementation of the UN Convention of 1988 against the illegal trafficking of narcotic and psychotropic substances, complementation of the internal legal framework in the field of regulation of the activities that refer to the movement of narcotic and phototropic substances and precursors, the Parliament of the Republic of Moldova amended and complemented the penal code, the code for penal procedure and administrative contraventions, with measures that aim at the repression of the illegal trafficking and use of narcotics, according to the requirements of the UN Convention art.3 of 1988.

The Government of the Republic of Moldova, aiming at the continued implementation of the provisions of the UN Convention from 1961,1971 and 1988 on the narcotic, psychotropic substances and fighting the illegal trafficking of these substances, developed and adopted the following normative acts:

- Government Decision on the transit on the territory of Republic of Moldova of narcotic, psychotropic substances and precursors;- Government Decision on the adoption of the technical Requirements towards the spaces and objectives were the

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narcotic, psychotropic substances and precursors are stored; - Government Decision on adopting the list of narcotic and psychotropic substances and of plants that contain such substances traced in illegal trafficking as well as the quantities of these;- Government Decision on the implementation of the automatic information system “State Nomenclature for medicines”;- Government Decision on adoption of the Instructions on the regulation of the activities of cultivation of the plants that contain narcotic or psychotropic substances.

Having as objective the fight of the use of drugs in the Republic of Moldova, the Government adopted by the GD no.314 of 17th of March 2007 the action plan on fighting the use of drugs and drug business for the years 2007-2009. This document is complementing the organisational framework and the coordination of the activities of the specialised bodies in the prophylaxis of the use of drugs, prevention and repression of trafficking of drugs, and provides more objectives, among which: adjustment of the legal framework to the international standards; increase of the efficiency of the training events for prophylaxis of the consumption of drugs; decrease of the indicators of drug usage and trafficking of narcotic substances on the basis of social efficient partnership; consolidation of the information and communication abilities in the area of use and trafficking of narcotic substances. The mentioned plan foresees 69 activities, the main ones being oriented towards the prophylaxis of the consumption of drugs.

The modernisation of the Criminalistic laboratory is being done (an chromatograph was offered with gas/mass detector for the Criminalistic lab of the TCD of the Ministry of Interior, as well as one spectrophotometer for the Criminalistic lab (according to the available funds, and other equipment for the modernisation of the regional laboratories (for the police stations, training of the transports police of the Border Control, equipment to be distributed between the Main Office in Chisinau and three regional office of the Transports’ police stations of Ungheni, Ocnita and Bender).

Taking into consideration the changes that took place as in the dynamic as well as in the structure of the criminality, according to the requirements of the p.1.4 of the GD no.314 of 14 of March 2007, the Ministry of Interior revised and adopted the new criteria for the evaluation of the results of the antidrug activity, and the basic indexes being established according to the: quantity and type of drugs seized, the number of prosecuted drug dealers, the clandestine uncovered and destroyed laboratories, the number of uncovered manufactures of raw material and the quantity of destroyed plants that contain narcotic substances.

Negotiations were held with the Programme on assistance and prevention of the abuse and trafficking of drugs “BUMAD Moldova”, and as a result, after the auction, the laboratory of research of narcotic substances, psychotropic and precursors from the Technical Criminalistic Direction received a chromatograph in gas of the “Finighan” type. This chromatograph allows answering important questions related the narcotic, psychotropic and toxic substances as well as of medicines.

Also negotiations there were held meetings with the EU consultants on assistance and prevention of the abuse and trafficking of drugs, as a result the Laboratory for research of drugs within the Section of special examinations of the Technical Criminalistic Direction received desktop computers, printing machines and scanners.

Jointly with the National Virtual Centre SECI/GUAM of the Ministry of Interior negotiations were held with the international organisations regarding the assistance on ensuring the Technical Criminalistic Direction with pure samples for comparison, of narcotic and psychotropic substances for the chromatograph in gas.

Develop a national drug strategy

The anti-drug strategy of the Ministry of Interior was adopted and at the present moment is being implemented. MIAPGSIS SV

Develop and implement prevention programmes and programmes for treatment of drug addicts.

In order to have a clear action programme in the field of fighting drugs, the Ministry of Internal Affairs developed and is implementing the strategic concept for the prophylaxis of the drug usage, prevention and repression of the trafficking of drugs for a period of three years, that was adopted by the Order of the Ministry of Internal Affairs.

At the same time, in order to react to the challenges of the cross border criminality and to efficiently repress the smuggling of narcotic, psychotropic substances and precursors, made by railway, the legal competent bodies for the repression of the trafficking of drugs (MIA, SIS, CS, BGS, GP office and MTRM) developed and signed a common action plan.

The Law no.190-XVI on preventing and fighting money laundering and financing of the terrorism was adopted on 26 of July 2007 and promulgated by the President decree no.1269-IV as of 29 August 2007.

With the aim of drug usage prophylaxis, prevention and repression of the trafficking of drugs, in 2007 the following activities took place: - Seminar “Collection and interpretation of the indicators of prevalence of the consumption and crimes that refer to trafficking of drugs”; - Seminar “Coordination of the activities with the vulnerable groups”, to which 8 non- governmental organisations participated, representatives from the ministries and 6 international representations that activate in the area.

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Money laundering financial and economic crime

(54) Strengthen efforts and co-operation in the fight against money laundering, in accordance with art.66 of the PCA; convincing progress in efforts to establish and implement a comprehensive anti money laundering regime

1. Develop the necessary legislative framework, including concerning the scope and mandatory nature of reporting suspicious transactions.

On 12-13 of February 2007, according to the Action Plan for implementation of the MOLICO Project, a round table was organized, on the discussion of the recommendations made by the CoE experts and the draft National Strategy and action plan for the year 2007 on the prevention and fighting of money laundering and financing terrorism.

The above mentioned drafts were finalized, taking into consideration the recommendations of the participants to the round table, as well as of the civil society.

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The Convention on money laundering, search, seizure and confiscation of the proceeds from crime and terrorism financing was adopted on 13th of June 2007, no.165-XVI, published in the Official Monitor no.117-126/532 of 10.08.07

According to the Recommendations of FATF 40+9, EU Directive, Warsaw Convention, conclusions of the MoneyVal report, Moldova adopted on 26.07.07 the Law nr. 190-XVI on prevention and fight against money laundering and terrorism financing. The Law entered into force on 6th of September 2007.

As a result of approval of the Law nr. 190 – XVI of 26.07.2007, for the adjustment of other legal acts to the mentioned law, was elaborated and approved by the Parliament of the Republic of Moldova the Law nr. 243-XVI of 16.11.2007 “for the modification and completion of some legal acts”, which comprise modifications of the Criminal Code, Code on administrative trespasses, Law on financial institutions, Custom Code, Code of Criminal Procedure .

The National Strategy for prevention and fight of money laundering and terrorism financing and its implementation action plan were adopted by the GD no.632 of 05.06.2007.

For the efficient implementation of the National Strategy on prevention and combating of money laundering and terrorism financing and of the mentioned Action Plan, was approved the Director’s Order nr. 127 “On approval of the nominal structure of the mixed working group for the realization of the mentioned Strategy and Action plan”.

As a result of approval of the Law nr. 190 – XVI of 26.07.2007, for the adjustment of other legal acts to the mentioned law; it was elaborated and approved by the Parliament of the Republic of Moldova the Law nr. 243-XVI of 16.11.2007 “for the modification and completion of some legal acts”.

The Centre received the Government order no.1219-392 of 11.09.2007 on the modality of fulfilment within the time frames of the provisions established by the Law no.190-XVI of 26.07.2007 “on the prevention and fighting against money laundering and financing terrorism “. Hereby, for the execution of the Government order, a working session was organized on 26th of September 2007 having as participants the competent institutions, during which the main aspects on the adjustment of the departmental legislative acts according to the provisions of the above mentioned Law.

2. Strengthen co-operation between the Central Bank, financial institutions, other relevant entities, the FIU and Law enforcement agencies (police, customs, prosecutors, and judges) in order to make the financial institutions and other relevant entities aware of the obligations and responsibilities arising from

It was approved the order nr. 117 of 20.11.2007 “On reporting of the activities or transactions that fall under the incidence of the Law on prevention and combating of money laundering and terrorism financing”, published in the Monitorul Oficial nr. 203-206 of 28.12.2007. Subsequently for the establishment of the criteria and indexes of possible suspicious activities and transactions of money laundering and terrorism financing was approved the Order nr. 118 of the 20.11.2007 “On approval of the Guidelines of suspicious activities and transactions, that fall under the incidence of the Law on prevention and combating of money laundering and terrorism financing”, published in the Official Gazette nr. 198-202 of 21.12.2007.

In order to fulfil the provisions of the Law no.190-XVI adopted on 26.07.07 on the „prevention and fight of money laundering and financing terrorism” a guide with activities and transactions that fail under the force of the present Law was developed. Also the draft order „on the list of the countries where illegal narcotic substances are being produced, that do not have legal norms against the money laundering and financing of terrorism, and that represent a considerable risk because of the high level of criminality and corruption, as well as the countries from the “off shore zone”.

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envisaged legislation.Hereby, in order to implement art.17 of the above mentioned Law, the draft Order „on reporting the activities of transactions that are under the provisions of the Law on preventing and fighting the money laundering and financing of terrorism” and sent to the relevant institutions for review (letter no.13/2658 of 25.09.07). By this order the instructions on the method of completion and transfer of special applications regarding the activity or the transactions that fell within the sphere of the Law no.190-XVI of 26.07.07, and the new special application form for the reporting of the entities for the banking and non banking sector. The mentioned drafts are sent for reviewing to the competent institutions.

At the same time, as a follow up of the adoption on the 26.07.07 of the Law no.190-XVI on prevention and fighting against money laundering and financing terrorism certain departmental acts will be developed and adopted, that are, at the present moment sent for reviewing, and that will contribute to the improvement of the process of prevention and fighting of the money laundering and financing of terrorism.

Bilateral agreements for cooperation between the CCECC with the Ministry of Internal Affairs, National Bank of Moldova and the Service for Information and Security, according to which the parties will collaborate in the field of prevention and fighting of the money laundering and financing of terrorism and other actions by exchange of information base on pertinent and admissible proofs, as well performing joint actions for change of experience.

The analysis of the banks clientele on the quality of the documentation presented at the opening of bank accounts is made by the NBM according to the regulation on the use of the client-bank system, adopted by the decision of the National Bank of Moldova no.240 of 20.10.2003, these being adjusted to the international standards applying the principle „Know your client”. At the moment the regulation „Know your client” for different reporting entities for the non banking system.

3. Exchange information on the existing European system (Financial Intelligence Unit (FIU)) and the existing system in Moldova as regards money laundering.

In order to obtain the status of a member state of the Egmont Group, the necessary set of documents that justify the implementation of the Egmont Group recommendations was prepared and sent. In this regard the Regulation on the activity of the Services for prevention and fighting the trafficking the money laundering adopted by the administration of the Centre was amended. The order no.204 was adopted, regarding additional measures for the identification of suspect transactions for terrorism financing, registered by the MoJ on 29.01.07 with the no.470 and published in the Official monitor on 02.02.07. The management of the committee participated at the reunion of the Egmont Group (Bermudan Island, 28-1st of June), during which the legal commission of the Egmont Group presented to the Republic of Moldova as a candidate that fulfils the requirements to adhere and be accepted as member with full rights of the Egmont Group. The Centre fulfilled all the necessary measures in order to obtain the statute of a member. Although the adherence of the Republic of Moldova was postponed because of unconformity of the national legislation in the field of money laundering with the initiatives for fiscal amnesty and capital liberalization. At the moment, with the objective to adjust to the international standards in the field, the legislation on prevention and fighting the money laundering was amended, the inconsistencies being excluded. The amendments that were made to legislation in this field were sent to the similar services from Ukraine, Russia, Belgium and Bulgaria. Hereby, after the

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study of these materials the candidature of the Republic of Moldova as a member of EGMONT Group will be discussed. During 19-23 of February 2007, the staff of the Centre participated at the 22nd Plenary Session of the MONEYVAL Committee, first common session FATF – MoneyVal Committee, held in Strasbourg, France. During this meeting the report on the national progress in the field was presented. During the Plenary Session of the MoneyVal Committee of 5-8th of 2007 was coordinated the period when a plenary session for discussing the IIIrd implementation report will be discussed.

In December 2007 in Strasbourg, French Republic, took place the 25th Plenary meeting 10 years anniversary of the MONEYVAL Committee (European Council).

During the meeting the report was presented on the registered progresses from the last plenary meeting in the area of prevention and combating of money laundering and terrorism financing. It was discussed the opportunity of continuing the enhancing procedure for Azerbaijan and the Republic of Moldova. Thus, as a result of modifications made to the Law nr. 111 „On modification and completion of some legal acts” the decision was taken of finishing the enhancing procedure for the Republic of Moldova.

In order to promote the image, stability and the collaboration relations with the similar structures outside Moldova, the following Agreements were signed:

- Collaboration memorandum between the CCECC of the Republic of Moldova and the Service for Financial Monitoring of Georgia in the field of fighting the legalisation (laundering) of the incomes received from the illegal activity and terrorism financing; - The memorandum for collaboration between the CCECC of the Republic of Moldova and the Service for Financial Monitoring of Croatia in the field of fighting the laundering of the incomes from illegal activity and financing terrorism;

Also, the internal procedure for initiation of the negotiations on signing the following Agreements was started:

- Agreement between the CCECC of the Republic of Moldova and the Service for Financial Investigations of the Republic of Kirgizstan in the area of fighting laundering of the incomes for illegal activities and terrorism financing; - The collaboration memorandum between the CCECC of the Republic of Moldova and the Indonesian Centre for Analysis of the Financial Transaction Report in the field of fighting laundering of incomes from illegal activity and terrorism financing;- The collaboration memorandum between the CCECC of Republic of Moldova and the Financial Investigation Service of Belgium in the field of laundering of the incomes from illegal activity and financing terrorism. - The Agreement of the member states of the Newly Independent States against laundering of the incomes from criminal activity and terrorism financing.

4. Enhancing the inter- A priority action is the procurement of the hardware, software and necessary services, as main requirements of the Law CCECC

institutional data-base on suspicious transactions. on prevention and fighting the money laundering and financing terrorism as well as amendment of the reporting system.

For this objective, a visit of the IT experts was organised in June 2007 and an evaluation of the necessities was done, as well as the exact components of hardware, software and the necessary services.

On 20.09.2007 a letter was sent (no.13/2621) to the Council of Europe that states the urgency for procurement and installation of the informational system necessary for the Prevention and Fighting Money Laundering of CCEECC Service.

At the moment, the organisation of the tender for procurement of the necessary information soft was initiated, including the information system for on-line limited transactions, deposits and suspect for the behalf of the reporting entities in the non banking sector.

The Centre ensured the transfer, acceptance and operation of the limited transactions, cumulative and suspect, made by the financial institutions – main reporters of financial information.

At the same time, the Prevention and Fighting the Money Laundering Service has on-line access, by sending in electronic form the information, to the State Fiscal Inspectorate, Customs Service, Border Guard Service, Ministry of Interior (on registering the transport) and the databases of the Ministry for Informational Development.

5. Promote application of effective sanctions against money laundering.

With the aim of adjustment of the normative framework to the provisions of the Law on prevention and combating of money laundering and terrorism financing and on the Convention of European Council on money laundering, search, seizure and confiscation of the proceeds from criminal activity and terrorism activity, it was elaborated the draft law for the modification and completion of some legal acts, approved by the Parliament of the Republic of Moldova by the Law nr. 243-XVI of 16.11.2007. The law includes amendments of 18 legal acts, including the establishment of punishments alternative to the criminal ones. For example, according to the article I of the draft, Code on administrative trespasses is completed by a new article, 162/15 “Encroachment upon the legislation on prevention and combating of money laundering and terrorism financing”; is completed art. 21 of the Law nr. 451-XV of 30.07.2001 on licensing of some types of activities by with mention ”license withdrawal for not respecting obligations of the reporting entities, established by the Law on prevention and combating of money laundering and terrorism financing” etc.

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6. Develop a training programme for the staff of the FIU, judges, prosecutors, and all otherrelevant personnel.

In collaboration with the MOLICO project a conference was organised with the topic „International Cooperation and experience in the field of money laundering and financing terrorism”, that took place on 15 of March 2007 in Chisinau.

The meeting had the objective to prevent and fight the money laundering and financing terrorism, approaching the subjects on the international banking transactions, the role of the off-shore zones in the process of money laundering and financing terrorism as well as international cooperation in these fields.

Later on, within the technical assistance offered by the European Commission the TAIEX project was launched, on the implementation of the priority actions of the EU-Moldova Action Plan.

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Police Academy „Ştefan cel Mare”

In this context, in the period of 29-30 of March 2007 the seminar „financial investigation and aspects for implementation of the fight against the money laundering and financing terrorism”.

The staff of the Centre participate to the seminar with the subject „Implementation of the Special IX Recommendations”, that was organised in Kiev, Ukraine for the period of 16-18th if April 2007. The seminar objective was to study the most efficient mechanism for cooperation with the legal bodies in the area of fighting money laundering and financing terrorism, as well as the consolidation of the legal bodies’ cooperation in the region and the neighbourhood countries in the respective field.

In the period of 14-18th of May 2007, a seminar was organised for the prosecutors, officers for penal prosecution, operative officers on the application of the legislation in the field of prevention and fighting the money laundering and financing terrorism. The seminar was organised by the Word Bank, with the aim to train trainers in the area.

With the objective to ensure the Centre with the statistic data for the elaboration of the analytical studies in the field of prevention and fighting of the money laundering and financing of the terrorism and other related crimes, in collaboration with the MOLICO project, a number of programmes were tested for the identification of the specific necessities for the data analysis.

During the MOLICO Project in collaboration with the Financial Committee from Ukraine during 16-26th of June 2007 a seminar was organised with the topic „Prevention and fighting the money laundering and financing the terrorism” in Kiev, Ukraine with the participation of the representatives of the CCECC, MoI, General Prosecution office, The Anticorruption Prosecution Office, the Security and Information Service, the Customs Service and MoJ. The meeting had the objective to train the specialists from these institutions in the area of prevention and fighting the money laundering and financing terrorism.

7. Intensify co-operation and promote exchange of information among Law enforcement agencies and co-operation between Moldova and international organisations, such as OECD-FATF and Council of Europe, as well as with corresponding services of EU Member states and specialised bodies at European level.

In order to promote the image as well as to establish the collaboration relations with the similar structures from abroad, the following acts were signed:

- The Memorandum of collaboration between the CCECC of the Republic of Moldova and the Service for Financial Monitoring of Georgia in the field of fighting the laundering of the incomes received from the illegal activity and terrorism financing; - The Agreement between the Government of the Republic of Moldova and the Republic of Azerbaijan on the collaboration and exchange of information in the field of fighting fiscal contraventions; - The Memorandum of understanding between the Governments of Albania, Bosnia and Herzegovina, Bulgaria, Croatia, FYR Macedonia, Republic of Moldova, Montenegro, Romania and Serbia on the cooperation in the field of fighting corruption within the Anticorruption South Est Initiative.

The exchange of information is a priority interaction with the fulfilment of the EU-Moldova Action Plan and the improvement of this process is a continuous task. In the reporting period the exchange of financial information increased, by receiving a number of 27 applications for information from similar foreign institutions. Also a number of

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73 requests for information were sent to the similar counterparts abroad.

Police and judicial co-operation

(55) Adoption and efficient implementation of legislation and measures for the development of arrangements under which judicial cooperation can be offered and obtained from other states

Ratify relevant international conventions on co-operation in criminal and civil Law and,where already ratified, encourage and support their implementation.

The European Convention on the international value for the repressive decision, adopted in Hague on 28th of May 1970, ratified by the Law no.19-XVI on 10th of February 2006.

On 3rd of November 2006, the Parliament adopted the Law no.320-XVI for the ratification of the European Convention on the transfer of procedures in penal matter.

Also, on 1st December 2006, the Parliament of the Republic of Moldova adopted the Law on the international legal assistance in criminal matters.

The General Prosecution Office developed proposals for amending and complementing of the Code for Criminal Procedure regarding the legal assistance in criminal matters and of the Law on the legal assistance in criminal matters. After the discussion of the objections stated by the General Prosecutions Office, the Government decided to return the draft Law to the MoJ, position that was supported as well by the representatives of the Supreme Court of Justice. In the existing situation, the draft Law for amending and complementing the Code for Penal Procedures is being examined by the Government Office. The General Prosecution Office wants to ensure that the draft is adjusted to the practices of the EU member states and of the provisions of the European Convention on transferring the procedures in penal matters, the results of the final penal procedures being provided to the requesting party, according to the obligation stated by this Convention, as well as on the basis of the existing international norms in the field.

On 7th of January 2008 the Parliament adopted the Law of ratification of Police Cooperation Convention in SEE signed on 5 May 2006 in Viena, and was send to President for promulgation.

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Explore the possibilities for co-operation between Moldova agencies, Europol and Eurojust in accordance with the Europol Convention and the relevant Council decisions.

On the 12 of February 2007 the Agreement for Strategic Cooperation between the Republic of Moldova and the Europol was signed. On 26th of July 2007, Moldova ratified the above mentioned Agreement.

At the present moment the EUROPOL and Moldova are implementing the agreement.

At the present moment the National Contact Bureau Europol is already operational, working on the enhancement of direct contact with the main office in Hague.

Moldova adopted the Law on the personnel data protection, on the 27th of July 2007 the Law entered into force.

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Moldova is prepared to launch the negotiations with Europol for signing the Operational Agreement for Cooperation as well as with Eurojust during 2008.

At the same time the Ministry of Internal Affairs in order to continue the dialog with the European police organisation addressed an invitation letter to Mr. Max-Peter Ratzel, the Executive Director of Europol, to visit the Republic of Moldova and to discuss aspects for continuing the dialog with Europol, including the signing the Operational Agreement. This meeting is planed to be organized in the spring 2008 in Chisinau.

Regarding the objective of signing a Cooperation Agreement with Eurojust and as a result of issuing of the Decree of the President of the Republic of Moldova Nr. 1419-IV from 13 December 2007, for initiation of negotiations for concluding a Cooperation Agreement between the Republic of Moldova and EUROJUST, on 28 December 2007 the Ministry of Justice, on the basis of ptovisions from Art.7 of the Law regarding the International Treaties nr.595 from 24.09.1999, by letter nr.06-2/14193 from 28 December 2007 sent to the Minsitry of Foreign Affairs and European Integration the Cooperation Agreement between the Republic of Moldova and EUROJUST (in State and English languages) for the initiation of negotiaitions for its signing. On January 2007, the project of the Cooperation agreement between Moldova and EUROJUST was sent to the Eurojust counterparts.

Improve inter-agency co-operation and co-operation with other states in the framework of relevant international conventions.

In order to ensure the fighting of criminality, in the light of the international conventions, special operations are organised (through the Centre SECI/GUAM – ensuring the exchange of information), the staff of the Ministry of Internal Affairs is participating at the reunions, working sessions, as well as international conferences on these matters.

The objective is to study the international practice of other countries in specific fields, as well as establishing relations for cooperation in order to prevent and fight the trafficking in human beings and illegal migration, implementation in the daily work of the new international mechanisms in the field, studying the new tendencies and methods for recruitment of the victims, assistance offered to the victims according to the international standards and their protection.

An efficient collaboration was established with all the countries of destination for trafficking and illegal migration, increasing the activities in this field. The General Prosecutor’s Office appointed a contact person with Eurojust in order to facilitate cooperation with Eurojust and of the mutual judicial assistance in criminal matters. Also, within South-eastern Europe Prosecutor’s Advisory Group (SEEPAG) a representative of GPO is activating as liason prosecutor which is a contact person for EU competent authorities on matters of judicial assistance in criminal issues afforded through the European Judicial Network (EJN). During the year 2007, no assistance was requested in criminal matters by the Eurojust authority or EJN, excepting in one single case of organized crime, on the request of the Leuven Prosecutor’s Office and of Federal Belgian Ministry of Justice, with assistance of the SECI Center.

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4. Develop methods of risk analysis in Moldova comparable to those in the

Within the Ministry of Internal Affairs the General Direction for Public Order Police is functioning, having the main task the general and individual prophylaxis of the criminality – as a method of analysis. Any subdivision that is competent on fighting criminality includes in its competence analysis services, prognoses and planning, that is studying

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EU, to guide Law enforcement and crime prevention actions.

the evolution of the criminality on the basis of the existing operative situation and on the basis of the prognosis, short and long term strategic plans for fighting the criminality phenomenon are being elaborated or have developed special operations for search, for the determination of the truth of the invoked or forecasted data. The General Prosecutor’s Office studied the legislation of the EU member-states and cooperated effectively with the Joint Programme of the CoE and European Commission on ensuring the independence, efficiency and transparency of justice in Moldova as well as with other representatives of the relevant national authorities and civil society on issues regarding the amendment of the national legislation.

(56) Further develop co-operation between Moldova and EU Member State judicial and Law enforcement authorities

1. Elaborate a manual on judicial co-operation between EU Member States and Moldovaand a statement of good practice in relation to such co-operation.

The Guide on the judicial cooperation between the Republic of Moldova and the member states of EU was developed and published on the web site of the Ministry of Internal Affairs. One of the problems faced in this regard, is referring to the integral translation of the respective guide in one of the international languages (English or French).

On 1st of December 2006, the Parliament of the Republic of Moldova adopted the Decision no.372-XVI for the adoption of the Declaration on good practices in the international legal assistance in penal matters, which has the text in its annex.

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Establish a network of contact points with EU Member States Law enforcement authorities to exchange information

The responsible contact persons for the exchange of information with EUROJUST and EUROPOL habe been appointed.

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Introduction of modern investigative techniques.

The registered technical and scientific progress demonstrated the necessity to undertake new actions and methods for investigation, that are based on new criteria, namely:

- Operational investigation by using modern equipment;- Collaboration with the counterparts from abroad in order to establish contacts with the police officers;- Participation at the exchange of information and development of special operations.

In this context special attention is given to the supply of specialised technical equipment of the subdivisions for fighting the criminality. Also new modern criminalistic equipment was purchased for the criminalistic laboratories. The purchased equipment allows the conduction of qualitative operative activities for investigation as well as collection of the necessary proofs in the process of penal prosecution.

In order to conclude contracts with the network of police personnel of the EU states a number of consultations at the ministers’ level were organised with the participation as well of the liaison officers of the police. Hereby specific direct contacts were established and exchange of information is done with the contact officers from Germany (in September as a result of the collaboration was possible to register criminal activity regarding the illegal migration from Republic of

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Moldova to the EU states), Poland, Italy (by the end of the year the development of a specialised mixed operation is programmed), France, Belgium, etc. At the same time the collaboration with the contact officers of the SECI states is made through the contact officer of Moldova in Bucuresti.

An important aspect of the regional cooperation as well as a modern form of investigation is represented by the exchange of information through the National Virtual Centre SECI/GUAM that during the period of nine months made 662 requests for assistance on the basis of which an exchange of information in a total volume of 2511 answers was made and information regarding various cross border crimes was provided. At the same time the participation to international operations within GUAM, and namely to the operation Perehvat 2007 and Narcostop 2007, is being ensures. Also within the SECI an operation on drugs provision control was developed, with the participation of an undercover Moldovan police officer.

Develop anti-corruption measures within the Law enforcement agencies (police, border police and judiciary), including the development of Code of Ethics for prosecutors andjudges and implementation of the Police Code of Ethics.

With the support of the Council of Europe, within the Common Council of Europe and European Commission Programme, the code of ethics of the judges was developed, adopted by the Superior Council of Magistrates in November 2007.

The code of ethics and conduct of the policemen was adopted by the GD no.841 of 10 of May 2006. In order to implement it in the daily activities of the bodies and subdivisions of the Ministry of Internal Affairs the order no.190 of 07.06.2006 was adopted and a pilot programme that provides the mechanism for implementation of the code was adopted.

A new training course was inserted in the curricula of the Police Academy “Stefan cel Mare”, the “Ethics and Conduct of the Policemen”. The code of ethics and conduct of the policemen was published in a number of 14.000 units.

Within the training course of the medium command body and of the troops effective within the Institute for continuous professional formation and scientific applicative research of the Police Academy “Stefan cel Mare” of the Ministry of Internal Affairs, the participants are familiarised with the provisions of the ethic code for the policemen and its interpretation.

The training course for continuous professional formation of the police personnel on the development and propaganda of the conduct quality in the duty activity includes the learning of the following topics:

- The field of regulation, legal basis of application of the Code of Ethics and Conduct of the Policemen (CECP)- The tasks and principles that govern the professional conduct of the policemen - The obligations of the representative of the police according to the CECP.

With the support of the Council of Europe, a number of training seminars were organised, namely: “Police ethics”, “Ethics in the police, Management: Communication and police ethics”, “Transparency in the police activity in the light of the Code of Ethics and Conduct of the policemen”, “Audit on the initial and continuous formation in the area of ethics, within the education institutions in the Republic of Moldova”.

The above mentioned seminars were organised in the capital as well as in other localities within the Police stations. In

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the Ministry of Internal Affairs was created a differentiated colloquium for the officers of the Ministry of Internal Affairs on the knowledge and interpretation of the provisions of the above mentioned code.

On December 27 2007, by Prosecutor General’s order no 303/35 was approved the Code of ethics for prosecutors, which replaced the Code of deontology for prosecutors (adopted on October 28 2004 by Prosecutor General’s order no 192/22). The new Code of ethics for prosecutors was elaborated in strict conformity with international standards in this matter, imposed by International Association for Prosecutors and lined with CoE Recommendations REC (2000) 10 on codes of ethics for civil servants and REC (2000) 19 on role of prosecutor’s service in criminal justice system. The cod of ethics for prosecutors is implemented from the date of its adoption – December 27 2007.