A priority action is the procurement of the hardware, software and necessary services, as main requirements of the Law 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 of the hardware components, 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.
CCECC
5. Promote application of effective sanctions against money laundering.
The CCECC developed the draft Law on amending certain legal acts (at the moment the Parliament of the Republic of Moldova, register no.2471 of 02.07.07), according to which the art.1 of the Code on administrative contraventions, adopted by the Law of Moldavian S.S.R on 29 of March 2985, with later amendments, is being complemented in the following way:
- After the art.162/14 a new article is inserted, that becomes the art. 162/15 „violation of the legislation on the prevention and fighting the money laundering and financing terrorism”.
At the same time, the Action Plan was elaborated on ensuring the system for financial-banking security in Moldova.
CCECC
6. Develop a training programme for the staff of the FIU, judges, prosecutors, and all other
relevant personnel.
In the process of completion 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.
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.
MoEY
MoI
Police Academy „Ştefan cel Mare”
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 the process of completion
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 73 requests for information were sent to the similar counterparts abroad.
CCECC
Police and judicial co-operation
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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.
In the process of completion 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 the penal matter.
The General Prosecution Office developed proposals for amending and complementing of the Code for Penal Procedure regarding the legal assistance in penal matters and of the Law on the legal assistance in penal 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.
PG
MoJ
MoI
Explore the possibilities for co-operation between Moldova agencies, Europol and Eurojust in accordance with the Europol Convention and the relevant Council decisions.
Completed On the 12 of February 2007 the Agreement for Strategic Cooperation between the Republic of Moldova and the Europol was signed. In July 2007 Moldova finalised the internal procedures for the enforcement of the agreement by the Republic of Moldova.
At the present moment the EUROPOL and Moldova are implementing the agreement.
At the present moment, the Ministry of Interior is receiving from Europol requests fro assistance. Europol is providing assistance to the legal bodies of the member states against illegal trafficking of drugs, lines for illegal migration, terrorism, counterfeit of EURO and other securities, illegal trafficking in human beings including infantile pornography, cars smuggling and money laundering.
On 26th of July 2007, the Parliament of the Republic of Moldova ratified the strategic Agreement between the Republic of Moldova and Europol. At the present moment for the implementation of the Law by the Ministry of Interior a draft GD on creating two new functions that will deal with the obligations from the point of view of Europol requirements. After the ratification of the protocol, four information materials were received and an exchange of opinions with the Europol, with the main office in Hague, were held.
Moldova adopted the Law on the personnel data protection, on 27th of July 2007 the Law entered into force. During the month of September 2007, the Republic of Moldova will inform the Secretariat of the Council of Europe on the fulfilment of the conditions of the art.1 of the European Convention on personnel data protection that was ratified in 1999. Hereby from the moment of acceptance by the secretariat of the CoE the Convention will enter into force for the Republic of Moldova.
In these conditions, Moldova is prepared to launch the negotiations with Europol for signing the Operational Agreement for Cooperation as well as with Eurojust, until the expiration of the EU-Moldova Action Plan.
At the same time the Ministry of Interior 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.
On 18th of December 2006, a delegation constituted from the representatives of the General Prosecution Office and the Ministry of Justice made a visit to the Eurojust in Hague (Holland), during which the necessary preconditions for initiation of the negotiation procedures for signing the Cooperation Agreement with Eurojust.
MoI
PG
MoJ
Improve inter-agency co-operation and co-operation with other states in the framework of relevant international conventions.
In the process of completion 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 Interior is participating at the reunions, working sessions as well as international conferences on these matters.
The objective of these seminars was 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 traffic of persons 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.
PG
MoJ
MoI
4. Develop methods of risk analysis in Moldova comparable to those in the EU, to guide Law enforcement and crime prevention actions.
In the process of completion Within the Ministry of Interior 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 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.
PG
MoJ
MoI
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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 Moldova
and a statement of good practice in relation to such co-operation.
Completed 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 Interior. 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.
MoJ
Establish a network of contact points with EU Member States Law enforcement authorities to exchange information
Completed The responsible contact persons for the exchange of information with EUROJUST and EUROPOL were appointed.
MoJ
PG
Introduction of modern investigative techniques.
In the process of completion 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 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.
MoI
Develop anti-corruption measures within the Law enforcement agencies (police, border police and judiciary), including the development of Code of Ethics for prosecutors and
judges and implementation of the Police Code of Ethics.
In the process of completion With the support of the Council of Europe, within the Common CoE and European Commission Programme, the code of ethics of the judges was developed, that will be adopted by the Superior Council of Magistrates in December 2007.
The code of ethics and conduct of the police men 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 Interior 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 Police men”. The code of ethics and conduct of the police men 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 Interior, the participants are familiarised with the provisions of the ethic code for the police men 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 the Ministry of Interior was created a differentiated colloquium for the officers of the Ministry of Interior on the knowledge and interpretation of the provisions of the above mentioned code.
The Code of conduct of the prosecutor was adopted and is being implemented. A new code of conduct for the prosecutors was proposed for adoption to the Parliament in September 2007.
MoI
CCECC
PG
2.6 Transport, energy, telecommunications, environment, and Research, development and innovation
Transport
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Elaborate and start implementing a national transport strategy, including transport infrastructure development
Start to develop a national sustainable transport policy, with a focus, where appropriate on further approximation of legislative and regulatory frameworks with European and international standards, in particular for safety and security (all transport modes).
