In the process of completion The procedure for ratification of the Rome Statute of the International Criminal Court was initiated. On 20th of December 2006, the set of documentation necessary for the ratification was sent for preparations to the Ministry of Foreign Affairs and European Integration in order to be sent to the Government.
By the letter of the Constitutional Court PCC PCC-01/19a of 20th of July 2007, the Ministry of Justice was asked to comment on the problems raised by the Government of Republic of Moldova on the constitutionality of the provisions of the art.1, 4 para (2) and 89 (1) of the Rome Statute of the International Criminal Court, adopted on 17th of July 1998. On 9 of August 2007 the MoJ sent the answer on the articles on the Statute to the Constitutional Court. On 2nd of October the Court decided a positive decision on the constitutionality of the art.1, 4 para (2) and 89(1) from the above mentioned statute.
MoJ
Co-operation on foreign and security policy, conflict prevention and crisis management
13
Strengthen political dialogue and co-operation on foreign and security policy issues
Continue and develop political dialogue and cooperation with the EU on Transdnestrian, regional and international issues, including within the framework of Council of Europe and OSCE;
Completed It is very important the constant support of European Union on consolidation of the Est border management, including the Transnistrian sector within the Moldovan and Ukrainian Border Assistance Mission (EUBAM), launched on 1st of December 2005. The activity of the mission was prolonged until 2009.
The collaboration and communication with the Special Representative of European Union on aspects related to the transnistrian conflict has a system character during the implementation period of the Action Plan. Having EU and US as observers to the negotiation process and the fulfilment of EUBAM extended even more the area of collaboration between the Moldovan authorities and the Special representative of EU.
The Ministry of Foreign Affairs and European Integration through its diplomatic mission, and the Ministry of Reintegration, ensured continuous flows of information on the actions and initiatives undertaken for the settlement of this problem.
MoFAEI
MoR
Work with the EU to make multilateral institutions and conventions more effective, so
as to reinforce global governance, strengthen coordination in combating security threats and address related development issues;
Completed Republic of Moldova is continuously aligning to the declarations of the EU within the UN.
MoFAEI
Develop co-operation on sanctions issued by the EU.
In the process of completion Moldova is prepared to consolidate the cooperation in the field of sanctions imposed by the European Union. During the reporting period it did not receive any demands from the European Union in this regard.
MoFAEI
Conduct an active dialogue between Moldova and the EU on the implementation of the
European Security Strategy.
In the process of completion Moldova is establishing an active dialog with the European Union for the implementation of the European Security Strategy.
MoFAEI
Develop possibilities for Moldova to align with EU CFSP declarations, on a case-by case basis.
Completed As a result of the decision made by the Council of the European Union on 13 of June 2005, the Republic of Moldova is benefiting of the right to align to the positions and declarations made in the framework of the Common Foreign and Security Policy of the European Union.
The Republic of Moldova is aligning to the European Union declarations regularly, in some cases using the method of “case by case”.
MoFAEI
14
Further develop co-operation in the area of combating terrorism, non-proliferation of weapons of mass destruction and illegal arms exports
Cooperate to reinforce the role of the UN in the multilateral fight against terrorism, including through implementation of UNSC Resolutions 1373/01 and 1267/01, through implementation and enforcement of the UN Convention for the Suppression of the Financing of Terrorism; work towards the establishment of an information exchange system between relevant judicial bodies and Law enforcement agencies of the EU Member States and Moldova;
In process of completion The proposal to ratify the International Convention on suppression of acts of terrorism and nuclear weapons and of the Convention on the prevention of terrorism, adopted in 2005, was positively reviewed by the public authorities from the Republic of Moldova. For the ratification of these conventions a draft Law was developed for the approximation of the national Law with the provisions of these conventions, that on 1st of August, all the amendments to the Penal Code and other legislative acts according to the provisions of the above mentioned conventions were sent through the Ministry of Foreign Affairs and European Integration to the United Nations Office for Crimes and Drugs for expertise, and after recommendations are received, it will be sent to the Parliament for adoption.
The UN Security Council resolution no.1373 (2001) and no. 1267 (2001) was partially implemented by adopting on 27 of October 2005 of the Law for amending the Law on prevention and fighting the money laundering and terrorism financing, being necessary amendments for the Penal Code of Republic of Moldova in order to include the penal liability for legal entities for financing terrorism. The draft Law for amending and complementing the penal Code and of other legislative acts in order to implement the twelve universal instruments in the area of fighting terrorism, as well as of the pertinent resolutions of the UN Security Council, was positively reviewed by the public authorities of Republic of Moldova, and on 1st of August 2007 was sent through the Ministry of Foreign Affairs and European Integration to the United Nations Office for Crimes and Drugs for expertise, and afterwards, it will be presented to the Government for examination, than to the Parliament for adoption.
In 2007, the Service for Information and Security of the Republic of Moldova, made an exchange of information with the European special services, in on-line regime, through the National Virtual Centre SECI/GUAM for fighting terrorism, organised crime, illegal trafficking of drugs and other severe crimes, created by the Government Decision no.93 of 27 of January 2006.
Starting 2006 the Security and Information Service from Moldova is the member of the Conference for Special Services and Information in the South-Est Europe (SEEIC), an institution that contains 26 special services form 14 European countries. Between these special services member of SEEIC an electronic network connection was established, encrypted, that allows information sharing in on-line regime, on the persons involved in terrorist activities, financing terrorists acts and cross border organised crime. At the same time, the Service is exchanging information with special services from European Union countries on the basis of bilateral collaboration on the issues related to fighting terrorist activity, cross border organised crime, trafficking of weapons and others.
On 13 of November 2006 by the Government Decision no.1295 the Antiterror Centre of the Security and Information Service of Moldova was created and its regulation was adopted. In the period of November 2006 – February 2007, the Security and Information Service allocated financial means for the fulfilment of the necessary procedures in order to equip the technical and material base of the Centre in order for this to start functioning. At the moment, the Security and Information Service is completing the internal procedures for the creation in reasonable terms within the Antiterror Centre of a centralised database and of a information system on data regarding the organisations and persons connected to terrorist activities, financing and material insurance of terrorist acts. The experts of the Service cooperate with their colleagues from the European special services, in order to gather the required experience in this specific field.
At the present moment the Antiterror Centre of the Service is fulfilling the necessary measures for the development of an action plan on the professional training of the staff of the specialised subdivisions for fighting terrorism, including within the National Institute for information and security. In this context it is to be mentioned that during 17-18th of September 2007, in Chisinau was organised the seminar for improving the staff of the Security and Information Service in the area of fighting terrorism, to which were invited experts from the special services of USA in the area of fighting international terrorism.
The expert of the Antiterror Centre of the Security and Information Service are trained on the developing a complex action plan for prevention of injuring the population in cases of terrorist acts, ensuring services of assistance for the victims of terrorist acts for foreign persons (language, informing relatives, social and psychological assistance), as well as examination of more efficient and fast ways of paying the necessary subsidies. At the same time a complex action plan is being developed on the modernisation and improvement of the security for objects of high vital importance and of those that represent a technogen and ecologic danger, with the objective to protect these from terrorist attacks.
The activity of Ministry of Interior (MoI) was focused on:
- providing multilateral assistance, on the basis of the international treaties that MD is a part to, to the competent bodies of the European Union regarding the criminal prosecution of cases for financing and supporting of terrorist acts, including the provision of the assistance to the collection of proofs necessary for the prosecution:
- Through the National Virtual Centre SECI/GUAM in the period of 2007 on the channels of SECI and GUAM were initiated in total 429 calls for assistance, out of which 168 for the legal bodies of the Republic of Moldova and 261 – of the member state and observers of SECI.
As a result of the examination of these requests/calls, en exchange of information was made in a volume of 1764 answers and information on different cases of cross border crimes that according to coordination directions are represented respectively.
- ensuring a high level of protection of the injured parties and of witnesses during the examination of the criminal cases inclusively of terrorism character.
On behalf of the Ministry of Interior were presented to the Ministry of Justice specific suggestions for amending the Code for Penal Procedure and of the Law no.1458-XII of 28th of January 1998 on state protection of the injured party, of the witnesses that provide assistance in the penal process. Ministry of Interior in collaboration with OSCE Mission in Moldova is developing a draft Law on protection of witnesses and of the participants to the criminal process.
In the period of the first half of the year 2007, from state protection benefited 45 persons – that were participants to the penal process, under state protection on the base of 27 orders, out of which 6 persons were included in the programme for state protection in the year 2007. During this period 6 order and conclusions were annulled for 9 persons due to the examination of the penal cases and disappearance of the need for protective measures.
SIS
MoI
Implement the standards laid down in the FATF’s recommendations on terrorist
financing;
In the process of completion
Republic of Moldova is implementing the standards of the Money Val Working Group. In the period of 19-23rd of February 2007 Moldova participated at the 22nd Plenary Session of the MoneyVal Committee, first common session FATF – Committee MONEYVAL. During the Joint reunion the report on the national progress in the area on fighting money laundering was presented. In the framework of the plenary session of MONEYVAL of 5-8th of June 2007 the period for organising the preliminary session for discussion of the 3rd evaluation report was set.
Two experts were mobilised from the Centre to participate at the consultative reunion MONEYVAL, organised by the Experts committee for evaluation of the actions for fighting the money laundering (MoneyVal), in the period of 27-30 of August 2007, in Strasbourg, France.
On 14-15 of March 2007 was organised a reunion of CCECC services from the region (Republic of Moldova, Romania, Ukraine, Bulgaria and Georgia) regarding the identification of common typologies of money laundering and terrorism financing. In the framework of the experts’ session the head of the company “Western Union” for the West Europe and NIS region, presented the mechanism on monitoring the electronic transfer and different suspect cases identified.
On 10-15 of September 2007, the representatives of the Centre, NBM, MoJ and MEY participated at the Consultative reunion of MONEYVAL, organised by the Experts’ Committee for evaluation of the actions for fighting against money laundering. The provisions of the National report were regarding the legislative framework until 2005 and is overreached due to the measures preformed afterwards in that field. Hereby the session was just a simple procedure for closing the evaluation.
The Border Guard Service is ensuring in the framework of its automatic informational system the evidence of the persons movement across the state border. This system is developed and updated continuously, fact that contributes to the prevention and tracking down the movement of terrorists.
Also there were organised sessions of the working group (consisting from representatives of many public authorities) for the coordination of the actions in order to secure the Moldovan – Ukrainian border (established by the Government Decision no.988 of 19.09.05).
CCECC
Ensure respect for human rights in the fight against terrorism;
In the process of completion
In the Republic of Moldova the respect of human rights in the fight against terrorism is ensured according to the provision of the European Convention for Human Rights. No cases of such violation of human rights in fighting the terrorism activity were reported.
The experts of the Antiterror Centre of the Service for Information and Security are involved in the development of the complex plan
In this context, during the period of 20-21 June 2007, the Centre for Antiterror of the Security and Information Service performed the practical and technical exercise “United Force 2007”, that had the objective to make more efficient the inter-operability of the public central administrative authorities competent in the area of fighting terrorism. To this activity representatives from many European special services and antiterrorist centres participated, and provided exchange of experience with the Moldavian experts in this area.
On behalf of the Ministry of Interior were presented to the Ministry of Justice specific suggestions for amending the Code for Penal Procedure and of the Law no.1458-XII of 28th of January 1998 on state protection of the injured party, of the witnesses that provide assistance in the penal process. Ministry of Interior in collaboration with the OSCE Mission in Moldova is developing a draft Law on protection of witnesses and of the participants to the criminal process.
During the year of 2007, the Antiterror section of the Ministry of Interior didn’t provide protection to injured parties or witnesses during criminal process related to terrorist activity, due to the lack of such cases or demands.
At the same time the representatives of the Ministry of Interior participated at the seminars on prevention and fighting terrorism: G.S. MARCHALL (Germany), Montenegro (organised by OSCE), including the organisation of a practical and scientific conference in Chisinau by the Police Academy “Ştefan cel Mare” of the Ministry of Interior in collaboration with the Fund Hanns-Seidel from Germany.
SIS
MoI
Further develop co-operation in the fight against trafficking of arms and the destruction
of stockpiles, including with a view to the situation in Transdnistrian;
In the process of completion At the deposits in Colbasna are stored about 20.000 tones of weapons for the retreat of which are needed about 6 to 7 months. During the year 2005 no works for destroying the ammunition were done.
The real situation on the quantity, type of weapons, storing conditions and transfer are unknown, because the access to the deposits is forbidden, including the OSCE Mission from Moldova. According to Russian officials in the transnistrian region was performed the destruction of a lot of light weapons and of slam calibre (aprox. 40.000 units), but OSCE, didn’t had access to the region to monitor the destruction process.
The Moldovan authorities are worried about the lack of transparency at the military-industrial complex pleased in the transdnestrian region. Regardless of the efforts made during the consultation rounds on the development of a document that would establish an international monitoring mechanism of the factories with capacity of producing military articles, and the inefficient position of the transdnestrian regime didn’t allow any compromises in this regard.
Due to the fact that the representatives of the OSCE mission are not allowed to the deposits in Colbasna, it is difficult to determine the real process for destroying the ammunitions. Also the real situation on the quality, types of weapons, conditions of storage and transfers are not known, because of the continuous prohibition of entry to the deposits.
It is made a continuous process of exchange of data of operative relativity with the special services of the European Union countries, were the Security and Information Service has established a collaboration relation on the problems connected to the fighting cross border criminality, especially the trafficking of arms from the transdnestrian region. During this year the representatives of the Security and Information Service had meetings the representatives from the European Union special services, during which problems on fighting arms trafficking, drugs, human beings that is made through the transnistrian region were discussed and joint actions for the next year were established.
Collection, exchange and analysis of the information on the organised crime is a continuous activity of the Security and Information Service that is made with the purpose of preventing and fighting the trafficking of human beings, drugs, weapons, money laundering and counterfeit etc. In this regard the Security and Information Service cooperates, through exchange of information and joint actions with the European special services, on bilateral basis, on fighting crimes that present a threat to the national security, regional or European.
The Security and Information Service cooperates with the EUBAM on subject related to the border security, prevention and fighting of counterfeit and of other crimes, through exchange of information and common interests
For the implementation of the modern methods and technologies of control at the border passing points by preventing the illegal trafficking and transit on the territory of Republic of Moldova of goods in limited circulation regime (radioactive elements and nuclear, drugs) the Service cooperates on bilateral basis with the special services of Ukraine and Romania.
The state enterprise “Centre for Special Telecommunications” of the Security and Information Service provides support for the creation of the monitoring system in real time of events, cars and persons at the customs passing points, the Concept of which was adopted by a Government Decision on 05.09.2007
At the same time the Security and Information Service , according to the provisions of the art.29 of the UN Convention against cross border organised crime, through the National Institute for Information and Security, is organising training programmes, that have the objective to train the specialists on preventing, uncovering and suppressing the organised crime. On the basis of the bilateral agreements, the training programme of staff of the Service is made, fact that allows improving the abilities of the specialist on preventing fighting of the above mentioned crimes.
In order to prevent and fight the cross border organised crime, according to art.31 of the UN Convention against cross border organised crime and of its protocols on trafficking of migrants and persons, the Security and Information Service cooperates with the special service from Europe, namely Romania, Bulgaria, Germany, Hungary, Poland, Great Britain and USA. The cooperation is materialised through exchange of experience as well as exchange of information and common actions for the fighting of the crimes in the transdnestrian region.
The border guard service is cooperating with the competent authorities for fighting the illegal trafficking of arms. At the same time, taking into consideration the new challenges for the border security, the BGS staff participated at the seminar “Management of the crisis incidents of weapon of mass destruction”, organised by the US Embassy in Chisinau.
MoR
SIS
BS
Regional cooperation
15
Continue Moldova’s targeted cooperation under activities of the Stability Pact (SP) for South- East Europe, complementary to the implementation of the present EU – Moldova ENP Action Plan
Further draw on the exchange of experience with other South Eastern European countries through Moldova’s participation in SP working tables activities;
