In the process of completion 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 of persons in 5 pilot regions from Moldova. In this way the Government is becoming more involved in the activity for promoting the services for the persons 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.
With the objective to provide social, medical, legal and physiologic assistance for the victims of the trafficking of human beings the Ministry of Interior of the Republic of Moldova actively cooperates with the nongovernmental organisations that are dealing with these issues.
Hereby, the CCPT 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 of 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 Interior 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 of human beings, to protect the 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.
In the context of the development of the legal support, by the GD no.175 of 19th 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 of 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 20th of July 2007, in Chisinau was signed the Moldovan-Slovak Intergovernmental Agreement in the area of fighting the criminality (inclusively the trafficking of 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.
MoI
(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.
In the process of completion 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:
GD on the transit on the territory of Republic of Moldova of narcotic, psychotropic substances and precursors;
GD on the adoption of the technical Requirements towards the spaces and objectives were the narcotic, psychotropic substances and precursors are stored;
GD 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;
GD on the implementation of the automatic information system “State Nomenclature for medicines”;
GD 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.
MoI
Develop a national drug strategy.
Completed
The anti-drug strategy of the Ministry of Interior was adopted and at the present moment is being implemented.
MoI
PG
SIS
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 Interior 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 Interior.
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 (MoI, SIS, CS, BGS, GP office and MTRM) developed and signed an common action plan.
The Law no.190-XVI on preventing and fighting money laundering and financing of the terrorism was adopted on 26.07.07, and promulgated by the President decree no.1269-IV of 29.08.07.
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;
Having as objective the fight of the usage of drugs in the Republic of Moldova, the Government by the GD no.314 of 17 of March 2007 adopted the action plan on fighting the usage 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.
MoI
PG
SIS
CS
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.
In the process of completion On 12-13 of February 2007, according to the Action Plan for implementation of the MOLICO Project, a round table was organised, 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 finalised, taking into consideration the recommendations of the participants to the round table, as well as of the civil society.
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 in June 2007 the new edition of the Law on preventing and fight against money laundering and terrorism financing. The Law entered into force on 6th of September 2007.
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 pf 05.06.2007
The draft Law on amending and complementing certain legislative acts was proposed to the Parliament for adoption, which is at the moment discussed by the Parliamentary Committees.
To 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 organised 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.
CCECC
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 envisaged legislation.
In the process of completion
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”.
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 Interior, 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.
CCECC
3. Exchange information on the existing European system (Financial Intelligence Unit (FIU)) and the existing system in Moldova as regards money laundering.
In the process of completion 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 liberalisation.
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 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.
On 18-19th of September 2007 the management of the Centre participated at the presentation of the progress on the implementation and fulfilment of the EU/Moldova action plan, the national anticorruption, prevention and fighting against money laundering and financing terrorism strategy. The European experts appreciated as positive the achievements in the mentioned fields. Also, the representatives of the Centre were insured that the fulfilment of the plans, established in these fields, will have the support of the European Commission through the MOLICO Project regarding the tasks and measure that need to be implemented.
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.
CCECC
4. Enhancing the inter-institutional data-base on suspicious transactions.
