RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/SPEC/MOL/4/Rev.3* 
19 May  2000 
 (00-2079) 
Working Party on the 
Accession of Moldova  
 
 
DRAFT REPORT OF THE WORKING PARTY  
ON THE ACCESSION OF MOLDOVA  
 
Revision1 
I.  INTRODUCTION 
1. The Government of Moldova applied for accessi on to the General Agreement on Tariffs and 
Trade (GATT 1947) in November 1993. Having re gard to the decision adopted by the General 
Council of the World Trade Organization (WTO) on 31 January 1995, the existing Working Party on 
the Accession of Moldova was transformed into  a WTO Accession Working Party. The terms of 
reference and the membership of the Wo rking Party were reproduced in document 
WT/ACC/MOL/7/Rev.2. 
2. The Working Party met on 17 June 1997, 18 March 1998, 16 April, 19 July 1999 and 
[…………………..] 2000 under the chairmanship of Mr. M. Kumar (India).  
II.  DOCUMENTATION 
3. The Working Party had before it, to serve as a basis for its discussions, a Memorandum on the 
Foreign Trade Regime of Moldova (WT/ACC/MO L/2 and Addenda 1 and 2) and the questions 
submitted by Members of the foreign trade regime of  Moldova, together with the replies thereto 
WT/ACC/MOL/3 and Corr.1 and Add.1 and 2; WT/ACC/MOL/4 and Add.1 and Corr.1; 
WT/ACC/MOL/8 and Add.1; WT/ACC/MOL/9 a nd WT/ACC/MOL/11 and other information 
provided by the Moldovan authorities (WT/ACC/MOL/5 and Corr.1 and Corr.2, WT/ACC/MOL/6, WT/ACC/MOL/7 and Corr.1 and Corr.2, and WT/A CC/MOL/10, and 12-22). The Government of 
Moldova made available to the Work ing Party the following documents: 
-  Laws and Resolutions 
− Law "On the Customs Code" - No. 1321–XII of 9 March 1993; 
− Law "On Amendments to the Customs Code "- No. 44-XIII of 12 April 1994; 
− Law "On Sanitary and Epidemiological Protec tion of the Population" - No.1513-XII of 
16 June 1993; 
                                                     
 
* In English only. 
1 New text is indicated in bold typescript and deleted text with strike-through. WT/ACC/SPEC/MOL/4/Rev.3 
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 − Law "On Foreign Investments" - No. 998–XII of 1 April 1992; 
− Laws "On Amendments to the Law on Fo reign Investments" - No. 197-XIII of 27 
July1994, No. 92-XIII of 11 May 1994, No. 321–XII of 13 December 1994; 
− Law "On the Government " - No. 64-XII of 31 May 1990; 
− Law "On Export and Import Regulation of Goods and Services" - No. 188-XII of 26 
July 1990; 
− Law "On Banks and Banking Activity" - No. 601-XII of 12 June1991, which was 
abrogated through the Law “On Financial Institution”; 
− Law “On Financial Institution” – No.550-XIII of 21 July 1995; 
− Law "On the National Bank of Moldova" - No. 599-XII of 11 June 1991 (with 
amendments); 
− Law "On Foreign Economic Activity" – No. 849-XII of 3 January 1992; 
− Law “On State Budget 1999; 
− Law “On Licensing Certain Types of Ac tivities” – No.332-XII of 26 March 1999; 
− Law "On Cooperation" - No. 864-XII of 16 January 1992; 
− Law "On Enterprises and Entrepreneurial Activity" - No. 845-XII of 3 January 1992 
(with amendments); 
− Law "On Insurance" - No. 1508-XII of 15 June 1993 (with amendments); 
− Law "On Consumers Rights Security"- No. 1453-XII of 25 May 1993; 
− Law "On Monopoly Activities Limitation and Development of Competition" - No.906-
XII of 29 February 1992; 
− Law "On Amendments to the Legislative Acts" - No. 51-XIII of 14 April 1994;  
− Law "On Legal Status of Foreigners and Pers ons without Citizenship in the Republic, of 
Moldova" - No.276-XIII of 10 November 1994; 
− Law "On Entry and Stay in the Republic of Moldova of Foreigners and Persons without 
Citizenship" – No. 269-XII of 9 November 1994; 
− Law "On Excise tax" - No. 347-XII of 27 December 1994; 
− Law "On VAT " - No. 264-XII of 9 December 1995; 
− Law "On Audit" - No. 729-XIII of 15 February 1996; 
− Law "On Rent"- No. 861-XII of 14 January 1992; 
− Law "On Employment"- No. 878–XII of 16 January 1992; 
− Law "On Accounting" - No. 426 of 4 April 1995; 
− Law “On Trademarks and Appellations of Origin” - No. 588-XIII of 
22 September 1995; 
− Law “On Copyright and Neighboring Rights ” - No. 293-XIII of 23 November 1994; 
− Law “On Patents for Inventions” - No. 461-XIII of 18 May 1995; 
− Law “On Standardization” – No . 590-XIII of 22 September 1995; 
− Law “On Audiovisual Services” – No.603-XIII of 3 October 1995; 
− Law “On Plant Variety Protection” – No. 915 of 11 July 1996; 
− Law “On the Protection of Industrial De signs” – No. 991-XIII of 15 October 1996; 
− Law “On Securities” – No .1427-XIII of 18 May 1993; 
− Law “On Commercial Secrets” - No. 171-XIII of 6 July 1994; 
− Law “On Bases of Tax System” – No .1198-XII of 17 November 1992; 
− Law “On Profit Tax of the Enterprise s” – No.1214-XII of 2 December 1992; 
− Law “On the Road Fund” - No. 720-XIII of 2 February 1996; 
− Law “On Customs Tariff” – No.1380-XIII of 20 November 1997; 
− Law “On Budget 1998” – No. 1446-XII of 27 December 1997; 
− Law “On Vineyard and Vine” - No. 131-XIII of 2 July 1994; 
− Law “On Veterinary Activity” - No. 1538-XII of 23 June 1993;  WT/ACC/SPEC/MOL/4/Rev.3 
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 − Law “On Privatization Program for 1997- 1998” - No. 1217-XIII of 25 June 1997, 
(amended by Laws No.1566-XIII of 26 Febr uary 1998; No.187-XIII of 6 November 
1998; No.237-XIV of 23 December 1998; No. 239-XIV of 23December 1998 and No. 253-XIV of 24 December 1998; 
− Law “On Phytosanitary Quarantine” - No. 506-XIII of 22 June 1995; 
− Law “On Government Procurement” - No. 1166-XII of 30 May 1997; and  
− Law “On Free Enterprise Zone "Expo-Business-Chisinau" - No. 625-XIII of 3 
November 1995, amended by 1 517-XIII of 18 February 1998. 
 
− Law and Agreements on local authorities 
 
− Law On the Legal Status of Gagauz ia (Gagauz-Yeri) - No. 344-XIII of 
23 December 1994; 
− Memorandum on the Basis for Normalization of Relations between the Republic of 
Moldova and Transnistria si gned in Moscow on 8 May 1997; 
− Agreement on the organizational basis of so cial-economical colla boration between the 
Republic of Moldova and Transnistr ia signed on 10 November 1997.  
 
− Decrees 
 
− Decree "On the Promulgation of the 1995 Finance Act"; 
− Decree "On the Promulgation of the 1996 Finance Act"; 
− Decree of the Parliament No. 1430-KP of 18 May 1993 Concerning the Introduction of 
the Securities Operations Tax Law. 
 
− Decisions and Instructions and other legislative acts 
 
− Governmental Decision No.740 of 2 Nove mber 1995 "On preventing the important 
illicit marketing of chemical and biological pr oducts intended to be used in agriculture 
and forestry on the territory of the Republic of Moldova"; 
− Governmental Decision No. 371 of 6 June  1995 "On Improving the Mechanism of 
Regulating External Economic Relations"; 
− Governmental Decision No. 340 of 2 Ju ne 1993 "On the Approval of General 
Provisions On the Structure of Expenses On Production and Realization of Goods 
(Works, Services), Included in its Cost Pr ice and On Order of Forming the Financial 
Outcomes of Enterprises"; 
− Summary "On the Order of Calculation of the Tax on Banks and the Order of Payment 
of It to the Budget (16 January 1994)”; 
− Government Decision No. 859 of 13 August 1998 “On Licensing Certain Types of 
Activities”, which was abrogated thorough  the Law No.332 of 26 March 1999 “On 
Licensing Certain Types of Activities”;  
− Governmental Decision No. 1154 of 15 De cember 1997 “On Optimization of Control 
Services Activity at State Customs”, amended by Governmental Decisions No.168 of 
16 February 1998; No. 112 2 February 1999; 
− Government Decision No. 760 of 10 Nove mber 1995 “On Production of Wine and 
Other Wine Products with Appellation of Origin”; 
− Government Decision No. 378 of 22 June  1998 “On Veterinary Statute of the 
Republic of Moldova”; 
− Government Decision No. 777 of 13 August 1998 “On Improving the Mechanism of 
Regulating Foreign Trade (Import Licensing)”amended by the Government Decision No. 76 of 22 January 1998 and Governme nt Decision No. 716 of 30 June 1998; WT/ACC/SPEC/MOL/4/Rev.3 
Page 4  
 
 − Government Decision No. 697 of 10 Oct ober 1995 “On Establishment of State 
Services of Phytosanitary Qu arantine”, with amendments; 
− Penal Code Art. 141 "Violation of copyright",  Art. 512 "Violation of property right on 
intellectual property"; 
− Governmental Decision No. 659 of 15 Sept ember 1994 "On Issue and Turnover of 
Bills"; 
− Governmental Decision No.719 of 23 September 1994 "On Ministry of 
Telecommunications and Informatics"; 
− Governmental Decision No. 363 of 25 June 1996 “On the Organization of 
Standardization and Me trology Activities”;  
− Governmental Decision No. 713 of 23 Oc tober 1995 "On the copyright owner's 
remuneration for the use of copyright and neighboring rights"; 
− Governmental Decision No. 494 of 17 July 1995 "On the establishment of a provisional 
National Register of Computer Software"; 
− Governmental Decision No. 524 of 24 July 1995 "On the administration on a collective 
basis of patrimonial rights of holders of neighboring rights"; 
− Governmental Decision "On the accession to  the World Convention on Copyright" (6 
Sep. 1952); 
− Governmental Decision "On the accession to the Convention for the Protection of 
Performers, Producers of Phonograms and Broadcasting Companies" (Rome 1961); 
− Governmental Decision "On the accession to the Bern Convention for the Protection of 
Literary and Artistic Works" (Paris Act 1971); 
− Governmental Decision No. 743 of 31 December 1996 “On Stat ute of the State Agency 
on Industrial Property Pr otection of Moldova”; 
− Provisional Statute on Industrial Property Protection of Moldova; 
− Provisional Statute on Pate nt Attorneys of Moldova; 
− Instructions on Compiling and Filing of Applications for Granting Patents on Invention; 
− Instructions on Compiling and Filing of Applications for the Registration of Utility 
Models; 
− Instructions on Compiling and Filing of Applications for the Registration of 
Trademarks and Service Marks; 
− Instructions on Compiling and Filing of Applications for the Registration of 
Applications of Origin of Goods; 
− Instructions for the Application of the Pr ovisional Statute for Industrial Property 
Protection in Moldova Concerning Inventions on which the Patent on the Responsibility 
of the Applicator is Requested and Instruc tion for the Application of the Provisional 
Statute for Industrial Property Protection  in Moldova Concerni ng Industrial Designs; 
− Instructive-methodical i ndications of the Ministry of Fina nce regarding to State sanitary 
control of imported f ood products and raw materials, No.3177-84;  
− Medico-biological requirement s and sanitary rates with regard to imported food 
products and raw mate rials, No. 5061-89; 
− List of goods for which certificati on is mandatory upon importation; 
− Conception of the Tax Reform; 
− Governmental Decision No.99 of 27 Fe bruary 1996 “On Customs Valuation”; 
− Governmental Decision No.658 of 20 Septem ber 1995 “On the Mechanism of Public 
Procurement”; 
− Rules of the Ministry of Finance “On the Is sue of Licenses for Insurance Services”; 
− List of Companies Registered in the State Register as Major Domestic Producers; 
− List of Products for which certification is permitted on the basis of manufacturer's 
declaration;  WT/ACC/SPEC/MOL/4/Rev.3 
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 − Annex 5 to the Law No. 390-XIII of 15 March 1995 “On the State Privatization 
Program for 1995-1996”; 
− Import Customs Tariff of the Republic of Moldova; 
- Decree on Implementation of Pre-Shipment Inspection of Imported Goods 
(12 August 1999); 
- Annex No. 3 of Government Decision No. 414 dated 13 July 1994 "List of 
products, subject to mandatory certifications"; 
− List of Internal and External State Guarantees; and 
− List of enterprises in which the State still owns over 25 per cent. 
 
− Draft laws and regulations 
 
− Draft Law on Certification;  
− Draft Law on Anti-dumping, Countervailing Duties and Safeguard Measures; 
− Draft Amendment to the Law on Standard ization No. 590-XII of 22 September 1995; 
− Draft Amendments to the Law on Consum er Rights Protection No. 153-XII of 25 
May 19993; 
− Draft Law on Technical Barriers to Trade; 
− Draft Amendments to the Law on the Protec tion of Industrial Designs No. 991-XIII of 
15 October 1996; 
− Draft Law on Utility Models; 
− Draft Government Decision “On the special provisions regarding the border measures 
on Protection Industrial Property”; and 
− Draft Amendments to the Government D ecision No. 697 of 10 October 1995 “On 
Supplement to the Statute of the Stat e Services on Phytosanitary Quarantine”. 
 
− Free Trade Agreements and other Agreements: 
 
− Armenia; 
− Azerbaijan; 
− Belarus; 
− Kazakstan; 
− Kyrgyz Republic; 
− Romania; 
− Russian Federation; 
− Turkmenistan; 
− Ukraine; 
− Uzbekistan; 
− Trade Agreement Between the Government  of the Republic of Moldova and the 
Government of the Islamic Republic of Iran; 
− Moldova-European Community Interim Ag reement On Commer ce and Commercial 
Affairs and Agreements for coal, steel and atomic energy; 
− Agreement between the European Economic Community and the Republic of Moldova 
on Trade in Textile Products, initi aled at Brussels on 14 May 1993 
Introductory statements 
4. In an introductory statement, th e representative of Moldova said that since the declaration of 
independence Moldova had vigorously pursued free market reforms within a democratic framework, WT/ACC/SPEC/MOL/4/Rev.3 
Page 6  
 
 notwithstanding political and economic difficulties. Fu ller integration into the world economy and the 
continuing diversification of Mol dova’s economic relation with other countries were ce ntral objectives 
of the Government’s reform efforts. The Government  of Moldova believed th at these objec tives could 
only be attained through trade policies that emphas ized specialization on the basis of international 
comparative advantage. It was for this reason that Moldova attached priority to its accession to WTO 
and wished to complete negotiations for membership at the earliest opportunity. 
5. The representative of Moldova also stated that Moldova had achieved considerable results in 
transforming a centrally planned economy to a market-based economy since it had declared 
independence in 1991. The strategic objective of the economic policy of Mol dova had been a transition 
to a market economy and the country's integratio n into the international economic community. The 
Constitution of Moldova adopted by the Parliament in  July 1994 stated: "The economy of the country is 
market and society oriented, based on private and pub lic property and free comp etition". Article I state 
that Moldova is a democratic Stat e regulated by Law. Article 9 en sures private property rights and 
Article 126 defines the general characteristics of the economy as socially oriented and based on private 
and public property rights and free market principles. He noted that Moldova continued to be a country 
in transition whose economy was undergoing a process of  structural adjustment in order to correct an 
excessive dependence on primary produc tion. Initially inflation had been brought down to an average 
monthly rate of 1.1 per cent in April 1996 from 32 per cent in February 1993. The budget deficit in 1995 
had amounted to 4.9 per cent of GDP. The exchange  rate of the Moldovan Leu (MDL), introduced in 
1993, was approximately MDL 4.5 to the US dollar in  May 1995. Following a period of stabilization in 
the first quarter of the 1999, the currency had again come under pressure in May/June depreciating steadily to around MDL 12 per US$1, before reco vering somewhat to around MDL 11 per US$1 in 
early July 1999. The authorities were convinced of  the appropriateness of a free, market-determined 
float exchange regime and remained committed to maintaining current intern ational transactions free 
of any restrictions that could run counter to the obligations under Article VIII,  sections 2, 3 and 4 of 
the IMF Articles of Agreement. However, this period was characterized by an acute lack of funds in 
the banking sector followed by the massive de preciation of the Moldovan Leu and a growing 
inflation. This situation was linked with the financia l crisis in the region and current developments in 
the financial market. The value of the Moldovan Le u had dropped by more than 65 per cent against 
the US dollar. Nevertheless, the real and financia l shock from the economic crisis in Russia and the 
region had continued to weigh heavily on the Moldovan economy as evidenced be a collapse of 45 per cent in exports in the first half of 1999. 
6. Members of the Working Party welcomed Mol dova's application for accession to the WTO, 
noting that Moldova had been pursuing economic re form and trade liberalization decisively. They  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 7 
 
 
 expressed strong support for the early accession of Moldova on the basis of comprehensive market-
access commitments and the early implementation of the WTO Agreements. 
III.  ECONOMIC POLICES 
- Monetary and fiscal policies 
7. In response to requests for information, the re presentative of Moldova said that all the key 
sectors, namely agriculture, manufacturing industry  and construction had registered a decline of 
output in 1999 over a similar period in 1998. Private agriculture was becoming increasingly important 
in Moldova, so was farming restructuring. The info rmation for the first half of 1998 showed that the 
number of registered companies with foreign partic ipation had been rising quite fast. Figures of 1998 
showed that the employment level had dropped by 7. 4 per cent compared to a year earlier. This was a 
further decline over the first half of 1998. Agri culture and manufacturing had shown a decline of 11 
per cent over the same period, with wholesale and re tail trade at 15.5 per cent and construction at 16.6 
per cent lower than a year ago. The dependen ce on imported goods and services had been steadily 
growing, from 51 per cent of the GDP in 1993 to 77  per cent in 1997. The share of imports from non-
CIS countries had increased, particularly with rega rd to machinery and equipment. Trade with CIS 
countries had been showing a reverse pattern. Th e trade deficit with non-CIS countries during 1998 
had reached US$363.8 million. In 1998, the total external debt had reached US$1.3 billion. The 
accumulated arrears on the government’s debt servi cing had risen to US$68.4 million by the end of 
1998. He explained that the State budgetary e xpenditure had increased because payments were 
transferred from the budget of the Central Government  to the budgets of local authorities and not as 
subsidies to enterprises. Local authorities di d not have the right to grant subsidies. 
8. The representative of Moldova added that the G overnment was no longer granting credits to 
economic agents. However, the Government was providing loan guarantees, issued against a risk premium of at least 5 per cent of the principal amount of the loan, which was paid into the Risk Fund. 
State guarantees could only be issued up to a total value not exceeding the amount in the Risk Fund 
set up by the Law on State Debt and State Guarantees (No. 943-XIII of 18 July 1996). Contributions to the Risk Fund were drawn fro m the Budget and from beneficiaries of State guarantees. In 1997 LEI 
75 million had been issued as internal guarantees and US$9 million as external ones. In 1998 the 
amount of LEI 100 million has been issued as internal guarantees and the amount of US$39 million as 
external guarantees for the EBRD loans. It was exp ected that with the ongoing privatization of the 
energy sector, the contributions of the Budget to the Risk Fund would be phased out. The issuance of the State guarantees was not linked to export pe rformance or import substitution requirements. WT/ACC/SPEC/MOL/4/Rev.3 
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 9. The representative of Moldova noted that 1998 had been a very difficult year for Moldova. 
By the last quarter of 1998, the combination of w eak public finances, a problematic energy sector, and 
the fall of the Russian market pr oduced an acute economic crisis in the country. The crisis was 
characterized by capital flight, a depreciating exchange rate, international reserves that fell to critically low levels, rising expenditure arrear s and budget financing coming only through central 
bank credit. The economic growth had again turn ed negative in 1998, dropping by 8.5 per cent and 
stood at MDL 8,804 million, largely because of the severe impact on exports of the crisis in Russia. 
Both industrial and agricultural output dropped in  1998. At the same time, final consumption 
constituted more than 102 per cent of GDP, with th e trade deficit growing from 15.4 per cent of GDP 
in 1997 to 24 per cent last year. 1998 was the first year since independence when both export and import volumes registered a reduction, exports by 27  per cent and imports by 12 per cent as compared 
with 1997. The pattern of trade had changed with exports to CIS countries in the second half of 1998 
only one half the levels recorded  during the same period of 1997. 
10. Years of easy financing, especially foreign, a nd slow and incomplete structural reforms had 
resulted in excessive budget deficits and increased indebtedness of public sector. The figures for the 
1998 budget proved unrealistic and calle d for considerable revisions. In the second half of 1998, the 
Government had to cut spending in order to en sure the resumption of drawing from IMF and to 
accommodate its limited financing options. The drastic  reduction in spending was also necessitated by 
the sharper than expected reduction in real output and therefore of revenue inflows. A large item of 
payment was the public debt service, which in  1998 reached MDL 421.2 million including MDL 
182.4 million for external debt servicing. The share of  public debt service in the consolidated budget 
expenditure increased to 13.9 per cent in 1998. Cap ital investment, by contrast, had remained at a 
stagnant, low proportion of public expenditure. Bo th 1998 and 1999 were considered as years with 
highest debt-service payments. In December 1998 Mo ldova managed to repay the principal of a 
Merill Lynch private placement by reducing its fo reign currency reserves. However, in 1999 Moldova 
had been due to repay considerable amounts for th e Gazprom debt to Russia and Eurobonds (US$7.45 
million). The debt payment to Gazprom was missed.  
11. In view of this difficult situation the Gove rnment and the National Bank of Moldova (NBM) 
was seeking to stabilize the economy and avoid an inflationary spiral and further depreciation of the 
currency, continue restructuring and therefore resume growth, avoid a default on treasury bill 
redemption, renegotiate external debt and external de bt arrears, and create a stable and credible policy 
environment to restore confidence and growth. The 1999 budget that was approved by the Parliament in December 1998 called for spending cuts in a ll major areas. It met the IMF’s fiscal austerity 
requirements, and opened the way for resuming IM F funding. In January 1999 the IMF released a  WT/ACC/SPEC/MOL/4/Rev.3 
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 US$35 million tranche from a three-year EFF. However, this budget was built on the assumption of 
one per cent growth in real output in 1999, and an  average exchange rate of MDL 11 per US$1. Both 
assumptions may prove to have been overly optim istic. In mid-January 1999 the National Bank of 
Moldova approved a monetary and credit policy for 1999 . The target of this policy was to reduce the 
inflation rate from 18.2 per cent to 13-15 per cent. The program envisages that by the end of 1999 the money stock should be increased by 35 per cent and reach the level of MDL 2.29 billion, monetary 
base by 24 per cent to the level of MDL 1.23 billion,  and the volume of lending that goes directly to 
the national economy by 18 per cent to the level of MD L 2.1 billion. In order to implement this it was 
planned to diminish the bank liquidity ratio from 0.94 to 0.89 and to gradually reduce the obligatory reserve ratio back to 8 per cent from 15 per cent. Th e last measure became necessary in order to ease 
the pressure on an already fragile banking system. As  a result of resumed IMF lending, international 
reserves had risen, and were expected to rise ag ain with disbursement of $35 million from the World 
Bank. The low levels of reserves would force the NB M to continue its non-intervention policy, and its 
relative inability to protect the MDL against fu rther pressure. Since reaching its low point in 
December 1998, the MDL had succeeded in remaining relatively stable through January and February 
1999. Nevertheless in March one could observe the cash exchange rate to decline much faster than the 
official rate, plunging to MDL 10.3 per US$1. Th is made it evident that the MDL remained 
vulnerable to shocks, either due to debt crisis in  Moldova or to further real depreciation in the 
currencies of its major trading partners.  
12. The representative of Moldova further noted th at external debts had reached US$1.35 billion 
or approximately 140 per cent of GDP. Debt servicing difficulties were severe (in the first quarter of 1999 Moldova had missed a principal payment to Gazp rom). However, further external financing was 
essential, and Moldova was seeki ng alternative sources of financing. The EU had made EUR 15 
million available. The World Bank would provide  up to US$60 million, including US$35 million 
from a structural adjustment program suspende d in 1997, and a further US$25 million through the 
International Development Association. The Govern ment intended to use some of the privatization 
receipts from the sale of Moldtelecom etc. towards debt repayment.  
- Foreign exchange and payments systems 
13. In response to questions, the representative of Moldova informed that the national currency - 
the MDL - was convertible. However, due to the growing demand for foreign exchange the National 
Bank of Moldova decided that the exchange rate woul d be calculated as a weighted average rate of all 
transactions in foreign currencies concluded by comm ercial banks. There were restrictions on foreign 
exchange and the transactions in foreign currenc y were subject to the National Bank's foreign WT/ACC/SPEC/MOL/4/Rev.3 
Page 10  
 
 exchange regulations. Enterprises in Moldova which r eceive foreign currency had to transfer it to their 
accounts with an authorized bank no later than 90 da ys from the date of the receipt of the money and 
no later than 180 days from the date of the cust oms declaration confirming the export of goods or 
delivery of services. Enterprises as legal entities were  allowed one account in foreign currency and an 
additional one in any of the non-convertible currenc ies. If enterprises bought foreign exchange at the 
Interbank currency exchange and did not use it to car ry out payments abroad within 30 days from the 
date of purchase the sum would have to be offere d for sale through the authorized bank. Legal entities 
of any country could open accounts in Moldovan Leu without an authorization by the National Bank 
of Moldova. 
14. The representative of Moldova noted that Moldova was a member of the IMF and had accepted 
the obligations of Article VIII of the IMF Articles of  Agreement. Moldova met the Funds' standards of 
current account convertibility and ha d received assistance from the IMF in the area of monetary policy. 
A Memorandum on a program of co-operation with the IMF was signed on 3 April 1996. He said that 
Moldova would not impose or  intensify any exchange restrictions, introduce or modify any multiple 
currency practices, conclude any bilateral payments agreements inconsistent with Article VIII of the 
IMF's Articles of Agreement, or introduce or intens ify any import restrictions for balance of payments 
purposes. 
- Investment Regime  
15. The representative of Moldova said that since 1994 a major objective of national economic 
policy had been to promote a transparent and fair business environment for both domestic and foreign 
investors. To attract foreign investment, Moldova ha d established a stable le gal and institutional base, 
and introduced incentives and guarant ees for foreign investors. He stat ed that the normative acts settling 
Activities of Foreign Investors ar e: a) Fundamental Law – Constitution of the Republic of Moldova 
adopted by the Parliament on July 29, 1994. Accord ing to the Article 126 of the Constitution, the state 
guaranties inviolability of investments from natural and juridical persons, including foreigners; b) Law 
No. 998-XII of 1 April 1992 “On Foreign Investment”, which settles i nvolvement and protection of 
foreign investments, provides lega l, structural and economic fundamentals for activities of foreign 
investors and enterprises in Mol dova and offers tax and customs incentives precisely defined. 
16. The representative of Moldova said that besides the legislation concerni ng foreign investments, 
companies with foreign capital and foreign investors were subject to  legislation concerning relations 
with local natural and juridical persons and to intern ational conventions norms of  which one part is the 
Republic of Moldova and the other countries related to Moldova by ag reements on investments mutual 
protection. The material values envisioned in Article  3 of the Law “On Foreign Investment”, in the  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 11 
 
 
 form of contribution to the formation and enlargem ent of the public capital of the enterprise were tax 
exempt. If the tax exempted goods brought into the country by foreign investors as a contribution to 
the public capital were used for other purposes, th e company had to pay entirely the customs duties 
within 3 years, including the appropriate interest rate , and at the expiration of this period of time, the 
customs duties were calculated at the residual valu e of goods. The right of enterprises with foreign 
capital to profit of custom facilities was confirmed by Articles 35-37 of the Law “On Foreign 
Investments”. He mentioned that actions stimulati ng foreign investments at the legal level provided a 
favorable climate: a) assets in the form of goods that are part of and are used for the increase of the 
company’s equity were exempted form customs du ties; b) the company was exempted from customs 
duties for those goods (raw materials, semi-finished  goods) that are imported to be used in export 
production; c) companies with foreign investme nts exceeding US$250 thousand and with over 50 per 
cent of the net income generated form marketing own products enjoyed a 50 per cent of income tax 
for the first five years of operation; d) compan ies with foreign investments exceeding US$1 million 
were exempted from income tax for the first three years, provided that at least 80 per cent of the 
calculated tax shall be invested in operation de velopment; e) foreign investors were guaranteed 
repatriation of their own profits and capital. The above mentioned facilities covered the investments 
made prior to 1 January 2000. However, the application of these measures was hampered by the present economic crisis.  
17. Some members of the Working Party requested information on the basic provisions regulating 
investment and any restrictions or registra tion measures affecting foreign investment. The 
representative of Moldova confirmed that the Former State monopoly in foreign trade had been abolished. Except for the limitation that goods the im port or export of which was subject to licensing 
could only be imported or exported by firms, including indivi dual firms (Government Decision No.  777 
of 13 August 1998 “On Improving the Mechanism  of Regulating Foreign Trade (Import Licensing)” ), 
there were no restrictions on the right of foreign and domestic individuals and enterprises to import and 
export goods and services incomp atible with WTO Agreements.  The relevant legal provisions were 
Article 9 of the Constitution, which provided for fr ee economic initiative, and fair competition. The 
criteria for registration of companies were set out  in the Law “On Enterprises and Entrepreneurship” 
of 3 January 1992. There were add itional requirements for certain type  of business such as banking, 
insurance and joint stock companies set out in th e respective Law “On Financial Institutions”, Law 
“On Insurance” and Law “On Joint Stock Company”. The state body authorized by the Government 
of the Republic of Moldova, of their commercia l and economic representations and associations 
carried out the registration of enterprises with fo reign investments (with the exception of banks, their 
branches and representations). The registration of th e banks with foreign investments, their branches 
and representations was carried out by the Nati onal Bank of Moldova. The manner and terms of WT/ACC/SPEC/MOL/4/Rev.3 
Page 12  
 
 registration are set up in a similar way as the one en visioned for the registration of national enterprises 
(Article 13 of the Law “On Foreign Investment”). 
18. In response to additional questions the represen tative of Moldova said that establishment of 
companies with a foreign equity participation ex ceeding US$5 million had to be approved by the anti-
monopoly authorities in accordance with Article 11 of the Law “On Foreign Investment”. Possible 
restrictions of competition by domestic companies were examined according to Article 8 of the Law 
“On Monopoly Activities Limitations and the De velopment of Competition”. There were no 
differences in the approval for foreign and dom estic investors by to the State Environmental 
Protection Agency and the Medical and Epidemiological Agency. 
19. Some members of the Working Party asked whet her foreign investors were protected against 
expropriation or nationalization of their assets. The representative of Moldova said that Article 39 of 
the Law “On Foreign Investment” gu aranteed foreign investments form  expropriation (nationalization, 
requisition or any other equivalent measure), except in case when su ch expropriation is carried out for 
an overriding public purpose, on a non-discriminatory basis. In the event of expropriation of a foreign 
investment, the Law on Foreign Invest ment requires that a foreign investor be paid prompt, adequate 
and effective compensation.  Compensation had to be paid not later than three months after the measure 
had been taken, and included accrue d interest calculated on the basis of an appropriate interest rate. 
Moreover, the Foreign Investment Law granted the fore ign investor the right to challenge in court the 
lawfulness of the expropriation, nationalizati on or equivalent measur e and the amount of the 
compensation. The representative of Moldova said th at the Parliament and the Government of Moldova 
had taken actions to attract foreign investments to the count ry aimed at creating a stable legal base and 
ensuring effective incentives, remissions and guaran tees for foreign investors. The Constitution of the 
Republic of Moldova, the Foreign Investment Law and the bilateral agreem ents on promotion and 
protection of the investment, which Moldova had si gned with other countries, designed a protective 
foreign investment regime. Since 9 June 1993 Moldov a was a member of the Multilateral Investment 
Guarantee Agency (MIGA). A number of bilate ral agreements on promot ion and protection of 
investment had been signed with : Turkey, Poland, Germany, United States, China, Kuwait, Iran, 
Romania, Switzerland, Gree ce, Holland, Luxembourg, Finland, Hung ary, Bulgaria, Grea t Britain, Czech 
Republic, Israel, France, Italy, Uzbekistan, Ukraine, Georgia, Russia and Belarus. These agreements 
intend to create and maintain favorable conditions for investments by investors in the territory of the 
Republic of Moldova and to intensify economic coopera tion to the mutual benefit, as well as encourage 
investment between parties, prim arily by guaranteeing national trea tment, non-expropriation, and 
unrestricted transfers of investme nt funds from the investments.  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 13 
 
 
 - State ownership and privatization 
20. The representative of Moldova said that Moldova  initiated its program on privatization in 1993 
– 1994 adopted by Law no.1333 –XII from 12 March 1994. In the first two years, 577 large, medium 
and small size enterprises were privatized, along with about half  the state buildings. Around 800 
thousand citizens of the Republic of  Moldova participated in this endeavor. As the program was not 
completed in 1994,  a further draft program for privatization was presented for 1995-1996. This second 
phase contemplated a deeper privatization, includi ng the comprehensive privatization for patrimonial 
shares; an increase in private prope rty owners and importance of the pr ivate sector, restructuring of the 
economy, development of capital markets and infrastr ucture; a new system of organizing companies and 
other laws to protect owne rs rights. By 1996, this plan had achiev ed number objectives – circulation of 
the wealth accruing to privatization, creation of stock market and liberalization of  real estate ownership. 
At the end of this period the private sector pr evailed in the economy, accounting for 60 per cent of 
industrial production, 70 per cent of the services supplied in the re tailed sales, the social services and 44 
per cent of the bulk works in building and transports. Ov er 74 per cent of the total number of enterprises 
including 93 per cent of enterprises processing agricu ltural raw materials, 82 per cent of the light 
industry, 95 per cent of trade and so cial services have been privatiz ed.  Almost one million citizens 
owned private land.  
21. He further added that during the process of pr ivatization, the citizens of the Republic of 
Moldova had been given free access to  privatization directly or by in termediary of investment funds, 
fiduciary companies, created specially for this pur pose (in total 53). With the contribution of these 
institutions there have been invest ed around 2/3 of patrimonial shares and a patrimony of value of more 
than MDL 1.2 billion had been privatized.  Most re cently, a system of republican bids was established 
with shares subscription which c onsisted of the Republican Center of Calculation, two centers of 
introduction of data, 115 points for collection of requests, placed uni formly on the te rritory of the 
Republic of Moldova. The system allowed the citize ns to have free access to shares procurement 
ensuring the equilibrium between the request and offer of shares, a considerable saving of time and of 
financial resources from the part of organizers and pa rticipants at bids.  In this way around 1.1 thousand 
enterprises, which constituted 90 per cent of all enterp rises subject to privatization had been privatized. 
22. The representative of Moldova said that the Law “On Privatization Program for 1999-2000”, 
extended the Privatization Program for 1997-1998. The Privatization Program 1999-2000  covered, 
with limited exceptions,  all sectors and branches of the economy. Enterprises scheduled for total 
privatization were from the following industries: te xtiles and garments, electronics, machine building, 
chemical and furniture manufacture, leather goods, foodstuff and package producing enterprises, as WT/ACC/SPEC/MOL/4/Rev.3 
Page 14  
 
 well as hotels, shops, restaurants, stores, gas stations, cafeterias were. The representative of Moldova 
stated that there are no specific conditions for forei gn investors concerning participation in privatization 
program other than those applied fo r domestic investors. Foreign natura l and legal persons were eligible 
to participate in the Privatization Program.  In response to questions, the representative of Moldova noted that the Law did provide in Article 9 that certa in types of firms could not be privatized, such as 
objects intended for keeping the State reserves valu es, mobilization reserves, wine factory deposits, 
and firms which constituted the nationa l patrimony were not subject to privatization. Other sectors not 
subject to privatization included air and railway tran sportation, education system and health systems.  
He noted, however, that the Government of Moldov a may at a later date decide to subject those 
sectors identified above to privatization.  
23. In response to further questions concerning th e distinction between "privatized firms" and 
"privatized objects", the representative of Moldova  stated that privatized objects were assets 
previously attached to state owned enterprises, but unrelated to the core activity of the enterprises.  
Such objects - for example laundries, schools, recrea tion halls, bakeries, were privatized separately 
from the core parts of the state owned enterprise to  which they had been attached.  The privatized 
assets related to the core activities became privatized firms.   
24. In response to questions from members of the Working Party, the representative of Moldova 
stated that a special regime existed for the privatizat ion of agricultural enterprises. Only employees of 
the former State-owned agricultural enterprises were eligible to participate in the privatization of 
agricultural enterprises. By 1 June 1999, 94 per cent of applicants had been issued with certificates for 
land ownership. Foreigners could purchase land except for agricultur e land and forestry land. The Law 
“On normative price and procedure on sale and purch ase of land covered the following: (a) sale and 
purchase of land, including of land associated w ith privatized objects or objects subject to 
privatization, as well as of land associated with unfi nished constructions; (b) setting the state fee for 
sale and purchase (bequest, donation) of land; (c) ex clusion of land from agricultural and forestry 
category, as well as from the agricultural cycle and a llocation of such land to other categories; (c) 
forced alienation of land; (d) lease relations, (e) establishing the prices for land mortgaging. 
25. In response to further requests for informati on the representative of Moldova stated that 
another key structural measure involved the liquidati on of the state farms and distribution of land to 
individual farmers. From a pilot project in 1997, the project nationwide had been expanded to almost 900 former state farms and aimed at completing th e process by mid-2000. By end-June 1999, some 
400 collective farms had entered into the privatiza tion procedures and around 8 per cent of land titled.  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 15 
 
 
 By end-1999 Moldova would process 600 farms, w ith at least 400 liquidated and individual titles 
issued representing 40 per cent of agricultural land. 
26. Regarding privatization of energy, the representative of Moldova said that the restructuring of 
the energy sector had started. The Law on the Concep t of privatization of enterprises from the energy 
sector no. 63-XIV of 25 June 1998 envisaged that distributing companies were would be privatized first, followed by the generating companies. The representative of Moldova said that Moldova was 
also taking steps to complete the privatiza tion on telecommunication and major wineries.  
27. In response to further questions, the representative of Moldova stated that the status of 
privatization in the Republic of Moldova was set out in Tables 1 and 2 below.  
Table 1 
Sectoral Privatisation Data Profile for 1993-1999
 
Sector Number of Objects 
approved for 
privatization Number of Objects 
privatized as of 
01.08.1999 Percentage of  Objects 
privatized 
Industry 1,521 1,431 94.08 
Agriculture  3,085 2,761 89.50 
Construction 441 403 91.38 
Transport 419 402 95.94 
Trade and Public Catering  180 164 91.11 
Consumer Services 402 362 90.00 
Other sectors 467 410 87.89 
TOTAL 6,515 5,933 91.06 
 
Table 2 
Sectoral Privatisation Data Profile  by Privatisation Modes for 1993-1999  
Sector Privatisation Mode Number of Privatized 
Objects 
Industry Sale through patrimonial shares; 
Open outcry auctions with lowering or raising the initial price; 
Privatized through individual projects; 
Sale through investment tenders; Combination of many methods.    315 
1,068 
 
3 
8 
37 
Agriculture  Sale through patrimonial shares; 
Open outcry auctions with lowering or raising the initial 
price; Privatized through individual projects; 
Sale through investment tenders; 
Combination of many methods. 644 
2,038 
 
18 
3 
58 WT/ACC/SPEC/MOL/4/Rev.3 
Page 16  
 
 Sector Privatisation Mode Number of Privatized 
Objects 
Construction Sale through patrimonial shares; 
Open outcry auctions with lowering or raising the initial 
price; 
Privatized through individual projects; Sale through investment tenders; 
Combination of many methods. 90 
294 
 
0 2 
17 
Transport Sale through patrimonial shares; 
Open outcry auctions with lowering or raising the initial price; 
Privatized through individual projects; 
Sale through investment tenders; Combination of many methods. 94 
288 
 
7 
0 
13 
Trade and Public Catering  Sale through patrimonial shares; 
open outcry auctions with lowering or raising the initial 
price; 
Privatized through individual projects; 
Sale through investment tenders; 
Combination of many methods. 44 
116 
 
0 
0 
4 
Consumer Services  Sale through patrimonial shares; 
Open outcry auctions with lowering or raising the initial price; 
Privatized through individual projects; 
Sale through investment tenders; Combination of many methods. 78 
272 
 
0 
0 
12 
Other sectors Sale through patrimonial shares; 
Open outcry auctions with lowering or raising the initial 
price; Privatized through individual projects; 
Sale through investment tenders; 
Combination of many methods. 78 
321 
2 2 
7 
TOTAL  5,933 
Note: Subject to privatization: property of enterprise s, institutions, entities, associations, their structural 
subdivisions complex production units, objects from the Fund of uninhabitable buildings, unfinished 
constructions, dwellings, state-owned shares in compan ies privatized and to be privatized, as well as 
adjacent land of privatized and to be privatized  companies, land plots of the garden cooperatives. 
 
28. The representative of Moldova stated that Mold ova would ensure the transparency of its 
ongoing privatization program and would keep WTO Me mbers informed of progress in the reform of 
its transforming economic and trade regime. He st ated that his Government would provide annual 
reports to WTO Members on developments in its pr ogram of privatization as long as the privatization 
programmes would be in existence along the lines of that provided to the Working Party.  He also 
stated that his Government would provide annua l reports on other issues related to its economic 
reform as relevant to its obligations under th e WTO.  The Working Party took note of these 
commitments.   WT/ACC/SPEC/MOL/4/Rev.3 
 Page 17 
 
 
 - Pricing policy 
29. In response to further questions the representative of Moldova stated that before January 1998 
the Government has established the prices and tariff s of energy. Starting with January 1998, tariff 
policy on energy is promoted by the National Ener gy Regulatory Agency (NERA), which was created 
according to Governmental Decision No. 767 of 11 August 1997. NERA is a non-governmental, 
independent regulatory body, which activate in accordance with legislation of the Republic of 
Moldova. The prerogatives, obligations and rights of the NERA are stipulated in the laws and 
governmental decision on electric power and gas.  According to paragraph 6 of Governmental 
Decision No.767 of 11 August 1997, NERA had th e following functions; issuance of licenses for 
activities related to producing, transportation, disp atching services, distribution, supplying, import and 
export of electric, thermal energy and natural gas; regulation of tariffs for the energy products and 
services; ensuring protection of energy consumers rights; promotion of competition on the energy 
market. NERA had the right to establish a methodology for calculation of costs and tariffs of energy by electroenergetic enterprises. The methodology wa s fixed for a three years period. The methodology 
is based on establishment of the basic tariffs as “ce iling price” with further adjustment of these tariffs, 
taking into account the imported prices of fuel, ener gy and natural gas, inflation, depreciation of 
national currency, modification of the supplied ener gy, as well as other factors, which directly 
influences the tariffs. The NERA made last adjustment  of the energy tariff in June 1999. These tariffs 
completely covers the real cost of energy, whic h as approved by NERA had entered into force on 
1 July 1999. The tariffs for production, transportati on, distribution and marketing of energy had to 
cover the cost of production, as well as the necessary profit. At the same time, the NERA limits the 
profit of electricity enterprises. In addition to Governmental Decision No. 767 of 11 August 1997, 
Governmental Decision No.547 of 4 August 1998 "O n State coordination and regulation of prices and 
tariffs" established legal authority to apply state c ontrol over the prices for a number of items listed in 
table below. 
Table 3 
Nomenclature of goods and services for which 
 
fixed prices are settled by the Government and/or local authorities  
Description of goods and services Regulating public body 
Services supplied by cadastral territorial authorities  Ministry of Economy and Reforms   
Imported goods purchased for hard currency on the 
basis of  interstate agreements  Ministry of Economy and Reform 
Land and subterranean resources Governme nt of the Republic of Moldova 
Rent of public network by “Radio-Moldova” Company Parliament  of the Republic of Moldova 
Paid medical services Ministry of Health 
Products and services of monopolies Ministry of Economy and Reforms WT/ACC/SPEC/MOL/4/Rev.3 
Page 18  
 
 Description of goods and services Regulating public body 
Coal commercialized by State Company “Moldova-
Combustibil”  Ministry of Economy and Reforms  
Passenger transport services  Governmental bodies and local authorities 
Telecommunication, wire broadcasting, telegraph, postal 
services supplied for population within the Moldova’s territory  Ministry of Economy and Reforms 
Technical means for prophylaxis and rehabilitation of 
invalids Ministry of Economy and Reforms 
Precious metals  Ministry of Finance 
Interurban and international ro ad transportation of passenger 
and freight (except air transport)  Ministry of Transport and Communication 
Freight transportation of rail transport services Ministry of Transport and Communication 
Air transportation of passengers State Agency of Civil Aircraft  
Natural gas, electric and thermal ener gy  National Energy Regulatory Agency 
Notary services  Ministry of Justice  
Natural comprised gas in bottles, used by the cars Ministry of Economy and Reforms 
Drugs and medical products, domestica lly produced Ministry of Health 
Elevator (lift) services Minist ry of Environment and Territory 
Development 
Aqueduct and sewerage services  Local authorities 
Sanitation services Local authorities 
Funeral services Local authorities 
Heating and water supply services Local authorities 
Rent services Local authorities 
 
Table 4 
Nomenclature of goods and services  for which a limited profitability of 15 per cent or less  
was established (According to Governmental Decision no.335 of 24 May 1994)  
Description of product Up to [ -%] HS code 
Milk and dairy products 15 0401-0405 
Cheese with fat up to 2 per cent 15 0406 
Flour of I and II quality to make bread 10 1101-1102 
Bread and bakery products 10 1905 
 
At the same time, according to Governmental Decision No. 547 of 4 August 1995 there were a 
number of goods (table 5), which for social reasons shall be sold with a margin of profit that may not exceed 20 per cent of the wholesale price.  (except for pharmaceutical products for which 
the margin may not exceed 40 per cent).    WT/ACC/SPEC/MOL/4/Rev.3 
 Page 19 
 
 
 Table 5  
Nomenclature of goods, which for social reasons shall be sold with a margin  
of profit that may not exceed 20 per cent of the wholesale price  
Description of product HS code 
Canned meat, fruits and vegetables for children 0702, 0704-0709, 1602 
Vegetables oil  1507-1515 
Butter and dairy products 0405 
Cheese 0406 
Sugar 1701 
Flour 1101-1102 
Bread and bakery products 1905 
Footwear for children Part of 64 
Notebooks for children 482020 
Household soap 340219 
Detergents 3402 
Toys 9501 
Pharmaceutical products (approved by the Ministry of Health)* 30 
*profit margin may not exceed 40 per cent of the wholesale price. 
30. The representative of Moldova confirmed that the price for goods and services in Moldova 
other than for the items listed in Tables 3-5 were not subject to State control, and that Moldova was 
planning to reduce the number of price controls in the future. 
31. The representative of Moldova confirmed that Moldova would apply its current state prices 
and any other state prices or price controls applied from the date of accession in a WTO-consistent fashion, and would take account of the interests of exporting WTO Members as provided for in 
Article III.9 of the GATT 1994. Mo ldova would publish any list of goods  and services subject to State 
pricing or price controls in the “Monitorul Ofic ial” of the Republic of Moldova, including any 
changes in existing measures. He al so stated that his Government w ould review the current legislation 
and would reduce the incidence of price controls in its economy. The Working Party took note of these commitments. 
- Competition Policy 
32. The representative of Moldova stated that the legal framework for anti-m onopoly regulation 
was the Law No.906-XII of 29 February 1992 "On Monopoly Activities Limitation and the 
Development of Competition". This Law establishe d the fundamental principles for regulating the 
activity of enterprises having a de facto  monopoly and for supporting the development of competition.  
33. The representative of Moldova added that as part of the implementation of the Law, a package 
of prudential requirements approved on 5 Octo ber 1993 (Governmental Decision No.619) included 
provisional regulations applying to holding companies. A State Register was maintained of companies, WT/ACC/SPEC/MOL/4/Rev.3 
Page 20  
 
 which were major producers of a product in the domestic market without holding a dominant market 
position. The list was established for taxation purposes  as the Government considered that because of 
their de facto  monopolistic position on the domestic market th ey should pay an extra tax. Progressively, 
with the restructuring of the economy the position of these producers was being challenged by new 
producers and by imports. 
34. Some members of the Working Party asked for information on the manner in which Moldova’s 
Law "On Monopoly Activities Limitation and the Development of Co mpetition" dealt w ith vertical and 
horizontal restraint arrangements, a nd the recourse foreign firms had if opportunities were impaired by 
such arrangements. In response, th e representative of Moldova stated  that vertical and horizontal 
restraint arrangements were forbidden by the Moldovan Law "On Monopoly Activities Limitation and 
the Development of Competition" if one of the part ies had a dominant market  position, i.e. a market 
share of 35 per cent or more; and if the arrangemen t led or could lead to restricting competition. 
Article 4(1) banned horizontal arra ngements; Article 4 (2) banned ve rtical arrangements. The decision 
whether or not specific arrangements violated th e Law was taken by the Ministry of Economy and 
Reforms, Department of Antimonopo ly and Competition. Businesses, regulatory authorities, consumers 
associations, trade unions or th e Department of Antimonopoly and Competition could initiate 
proceedings on its own initiative. Foreign firms, like domestic firms, had the right to file complaints at the Public Prosecutor's Office. He further added that a unit in the Ministry of Economy to which foreign firms had access monitored competit ion. Moldovan Law allowed exclusive dealerships if they did not 
contravene the provisions of Article 4(2). Existing ex clusive dealerships did not need to be registered 
and the Government did not keep a register of such arrangements.  
IV.  FRAMEWORK FOR MAKING AND ENFORCING POLICIES 
- Powers of executive, legislative and judiciary, administration of policies on WTO-
related issues 
35. The representative of Mol dova stated that, in pursuance of the Constitution, the powers of the 
State were divided among the executive, legislative a nd judicial branches, with the President being the 
Head of the State. The President of the Republic of Moldova was the guarantor of national sovereignty, independence, the unity and the territori al integrity of the nation. The President of the 
Republic was elected by freely-expressed, universal, e qual, direct and secret ballot, with universal 
suffrage.  His term of office was four years.  Fo llowing consultation with the parliamentary majority, 
the President designated a candidate for the office of Prime Minister and makes use of the vote of 
confidence given him by Parliament to nominate the Government.  The President had the right to dissolve Parliament in the case of inability to form the Government  or when the passing of new  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 21 
 
 
 legislation had been deadlocked for three consecutive months. The G overnment consists of a Prime 
Minister, a First vice-prime-minister, of ministers and other members, as determined by organic law.  
A specific program of activities approved by Pa rliament sets the guidelines which the Government 
uses in the exercise of its powers. The role of the Government was to carry out the domestic and 
foreign policy of the State and to exercise general control over the public administration.  Parliament 
was the supreme representative body of the people and th e sole legislative authority of the State in the 
Republic of Moldova.  Parliament consisted of 101 members.  The members of parliament were 
elected by freely-expressed, universal, equal, direct  and secret ballot, with universal suffrage.  The 
Parliament enacted laws, ratified internationa l treaties and checked the Executive, which was 
accountable to Parliament.  The Judiciary was indepe ndent of the Executive and the Legislature.  The 
Supreme Court of Justice, the Court of Appeal , Tribunals (High Courts ) and Courts of Law 
(Magistrates and County Courts) administered Justice.  Except for the Supreme Court, the President on 
the basis of a proposition from a special Commission appointed judg es. The members of the Supreme 
Court were appointed by Parliament. 
36. The representative of Moldova said that there were several governmental entities responsible 
for making and implementing policies affecting fore ign trade. The Department of Foreign Economic 
Relations (DFER) in the Ministry of Economy was responsible for Moldova' s international economic 
relations. The DFER prepared implemented and coordinated foreign economic policy and 
international co-operation. Respons ibility for economic policy as a whole rested with the Ministry of 
Economy and Reforms included the implementation of the economic reforms undertaken in the 
framework of the transition to a market economy . The Department of Customs implemented the 
Government's customs policy and ensured that cust oms legislation was observed. Parliament was the 
only competent body to set tariffs and taxe s on imports in the annual Budget Law.  
37. The representative of the Moldova said that th e National Bank defined the national monetary 
policy and was responsible for the stability of th e currency, regulated the money supply, set the 
exchange rate policy and supervised the activities of commercial banks and other credit institutions. 
The National Bank issued licenses for the establis hment of commercial banks, and organized and 
monitored prudential requiremen ts. The National Bank was indepe ndent of the Government and 
reported directly to Parliament. The Ministry of  Finance formulated financial and fiscal policy 
including aspects relating to trade and supervised the implementation of the fiscal regime in commercial activities. The Department of Standard s, Metrology and Technical Supervision ensured 
that the requirements of standardization and cer tification were met. The Department provided 
information to importers on products subject to cer tification and on conformity procedures. There was WT/ACC/SPEC/MOL/4/Rev.3 
Page 22  
 
 also a State Agency for the Protection of Indus trial Property (AGEPI), and a State Agency on 
Copyrights. 
38. The representative of Moldova said that the Law No.853-XIII of 29 May 1996 "On 
Reorganization of the judicial system", provided for Supreme Court of Justice, Economic Courts, 
Military Courts, Courts of Appeal, five tribunals (High Courts) each covering one of five regions, to 
be set up. The Law No.970-XIII of 24 July 1996 “O n Economic Courts” stipulated the authority over 
disputes connected to the economic  relations among natural and lega l persons. The Economic Courts 
had been established by the Parliament and judges we re appointed by the President of the Republic of 
Moldova based on proposition form the Supreme Council of Magistrate. The Law “On Economic 
Courts” had established the following system: Econom ic courts of districts, Economic Court of the 
Republic of Moldova, and the Supreme Court for economic disputes. All disputes relating to the 
subject matter of the WTO Agreements involving lega l persons were required to be hearing by the 
economic courts, whereas all disputes involving natu ral persons were required to be heard by the 
ordinary courts. Within the structure of Economic Court of the Republic of Moldova there are Appeal 
and Causation Board.  
39. In response to further questions the representativ e of Moldova stated that any administrative 
decisions on issues covered by the WTO could be app ealed. An appeal in the first instance could be 
taken within the responsible governmental institu tion according to the Law No. 190-XIII of 19 July 
1994 “On Petitioning” with amendments introduced  by the Law No. 18 - XIII of 14 May 1998. 
Article 2 of the Law “On Petitioning” permitted fore igners to address complaints to the respective 
governmental institutions or tribunals when their legitimate rights were affected. Articles 8 and 9 
stipulated that the timeframe for examination of petitions was between one week to one month. In 
special cases the examination could take a maximum of two months.  
40. The representative of Moldova also noted that appeals could be made to an independent 
tribunal. When both parties at the trial were lega l persons the economic cour ts examined the issue. 
There are two economic courts in Moldova. One h as the jurisdiction over the Chisinau municipality 
and the other over the rest of Moldova. If one of the parties to the trial was a natural person, the issue 
was brought before the ordinary court and other superi or judicial institutions. Courts of first instance 
were based in each administrative unit (former ray ons), in total 40. Despite the creation of new 
administrative units - judets, that consist of several  rayons, courts of first instance remained in each 
former administrative unit, as well as major cities: Chisinau, Balti, Bender and Tiraspol had several 
such courts based on their internal administrativ e division. Higher-ranking tribunals were based in  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 23 
 
 
 Chisinau, Balti, Bender, Tiraspol and Cahul. There was one Court of Appeal in Chisinau and the 
Supreme Court of Justice is also based in Chisinau. 
41. In response to questions concerning the ratification of the WTO Agreement and Moldova's 
Protocol of Accession thereto, the representative of  Moldova stated that after ratification by the 
Moldovan Parliament and following entry into force of the Protocol, the provisions of the WTO Agreement and Protocol would overrule any domest ic laws that were in conflict with them.  
42. In response to requests for information on the status of draft and implementing legislation 
concerning the various WTO Agreements, the re presentative of Moldova presented in document 
WT/ACC/MOL/22 a detailed table entitled Analytic No te Listing Moldovan Legislation, Decrees, 
Decisions and Regulations Relevant to the WTO Lega l Texts: Status of Draf t Legislation and Draft 
Amendments. He confirmed that after ratification of the Protocol of Accession of Moldova to the 
WTO by the Moldovan Parliament and Moldova’s accession to the WTO, the provisions of the WTO 
and Moldova’s Protocol would supe rsede any domestic laws and regula tions found to contradict them. 
According to the Article 8 of the Constitution, the Republic of Moldova pledged to respect the Charter 
of the United Nations and the treaties to which it is a party, to observe in her relations with other 
states the unanimously recognized principles and norms of international law.  The coming into force 
of an international treaty containing provisions cont rary to the Constitution shall be preceded by a 
revision of the latter.  In case t hose international agreements of wh ich the Republic of Moldova is a 
part contain provisions in conflict with those listed in the this Law and normative acts adopted on this 
basis, the provisions of the internati onal agreements are to be applied.  
- Authority of sub-central governments 
43. The representative of Moldova stated that  the exclusive responsibility for making and 
implementing policies affecting foreign trade was vested with the central Government. However, 
according to Law “On Special Judicial Statute of the Gagauz-Yeri", the Gagauz-Yeri region was an 
autonomous territorial entity with authority to se ttle political, economic and cultural matters in order 
to safeguard the interests of its population. The Popular Assembly had co mpetence to adopt local 
legislation in the following fields: science, culture , education; household and town-planning; health 
care and sports; local budget; fina ncial and fiscal activity; ec onomy and environment; labour and 
social assistance. The Gagauz-Yeri region had no autonomous authority with respect to foreign trade, 
did not issue or implement technical standards, sanita ry or phytosanitary standards and did not subsidize. 
44. In response to requests for information regard ing the Agreement on the Transnistria region, 
the representative of Moldova referred to the Memorandum on the Basis for Normalization of WT/ACC/SPEC/MOL/4/Rev.3 
Page 24  
 
 Relations between the Republic of Moldova and Transnistria signed in Moscow on 8 May 1997. The 
representative of Moldova confirmed that lega l bases for setting the conflict represents the 
Memorandum, as well as the Agreement on th e Organizational Basis of Social-Economic 
Collaboration, signed on 10 November 1997. Based  on this Moldova was making every effort 
together with other interested countries to liquida te the consequences of the conflict. The activity 
displayed so far proved to ensure economic stab ility and compliance with  Moldova’s external 
obligations. In economic issues related to forei gn trade commitments Moldova succeeded in finding 
common interest with the Transnistrian authoritie s. The representative of Moldova stated that 
Moldova had signed a special protocol on customs cooperation with the Transnistria region that 
foresees mutual elaboration of customs policy, exchange of statistics and facilitation of border 
measures.  
45. In response to further questions, the representativ e of Moldova stated that the Law No. 344 of 
23 December 1994 “On Special Judicial Statute of the Gagauz-Yeri” had established the autonomy of 
the "Gagauz-Yeri” region in economic matters refers mostly concerning its autonomy in 
administrating its own budget and running economic activity. This region had no authority regarding 
the excise, stamp, or sales taxes or any other taxes related to trade, as well as on establishing 
requirements for investment, e.g., trade related i nvestment measures covered by the WTO Agreement 
on TRIMS. These were under the exclusive authority  of the Moldovan Parliament. All legal acts 
adopted by the People's Assembly of Gagauz-Yeri region would not contradict Moldovan legislation 
or international commitments taken by Moldova. All WTO Agreements and Moldova's commitments 
in the WTO would be applied uniformly on its customs territory. 
46. The representative of Moldova confirmed that  all fiscal, financial and budgetary activities 
performed by local governments would be in comp liance with Article III of the GATT 1994. The 
representative of Moldova confirmed that sub-cen tral entities had no autonomous authority over 
issues of subsidies, taxation, trade policy or any other measures covere d by WTO provisions. He 
confirmed that the provisions of the WTO Agreement,  including Moldova's Protocol, shall be applied 
uniformly throughout its customs territory and other territories under its control, including in regions 
engaging in border trade or frontier traffic, speci al economic zones, and ot her areas where special 
regimes for tariffs, taxes and regulations are establishe d. He added that when apprised of a situation 
where WTO provisions were not being applied or were applied in a non-uniform manner, central 
authorities would act to enforce WTO provisions wit hout requiring affected pa rties to petition through 
the courts. The Working Party took note of these commitments.  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 25 
 
 
 V.  POLICIES AFFECTING TRADE IN GOODS 
- Registration and right to trade 47. The representative of Moldova stated that the draft Law “On Foreign Trade Activity” would 
formally recognize the right to trade. Nevertheless pursuant to the Governmental Decision No. 777 of 
13 August 1998 “On Improving the Mechanism of Regul ating Foreign Trade (Import Licensing)”, 
there were no specific registration requirements fo r engaging in importing. The only requirement was 
that the intention to perform import activities should be mentioned in the statute of the enterprise. 
Enterprises whose statutes did not yet specify impor t activities could add these without difficulties. 
48. Some members of the Working Party requested further information on the meaning of the 
"statute of the enterprise". In response, the represen tative of Moldova stated that the statute of the 
enterprise was comparable to the articles of incorporation for corporations and partnership agreements 
for partnerships. A detailed list of the informati on to be provided in the statute was contained in 
Article 23 of the Law “On Enterprises and Entreprene urship”. For certain type s of organizations, e.g., 
banks, insurance, joint stock companies and cooperativ es, special provisions existed in the relevant laws. 
All types of enterprises, including those without lega l personality, had to be registered and required a 
statute. Statutes were not registered. Statutes were submitted together with the application for 
registration of the enterprises a nd a document confirming the payment of a registration fee. The 
representative of Moldova added that all forms of business enterprises, including corporations, 
partnerships and individual firms could engage in the business of importing and exporting. Individuals 
could also engage in the impor tation and exportation activities of  a commercial nature. The only 
requirement was that individuals ha d to register their activities as a business. If the importation and 
exportation activities were for th e individuals’ personal consumption, there were no requirements. 
However, natural persons were not allowed to import or export goods, which were subject to licensing. 
The same rules applied to fore igners and citizens of Moldova. 
49. Members of the Working Party asked whether Moldova could confirm that Governmental 
Decision No. 859 had established "activity licensi ng" requirements for firms performing certain 
activities, such as importing or wholesaling alcohol  beverages or tobacco products; importing or 
selling petrol and diesel; and importing or trading in  chemical and biological products and fertilizers 
for plants. Licensing appeared to also be required fo r trade or storage of chemical reagents, liquefied 
gas and toxic chemical substances in danger of de flagration; ozone depleting substances; and ionic 
radiation sources radioactive materials. In response, the representative of Moldova stated that only the 
Law No.332 of 26 March 1999 "On Licensing of Cert ain Types of Activities" establishes licensing 
system for some types of activities. Article 18 of Chapter V “Final Provisions” provided that within WT/ACC/SPEC/MOL/4/Rev.3 
Page 26  
 
 two months' of the enactment of that law, the Government was required to adjust its normative acts in 
accordance with the present law. Annex 2 of that Law listed the types of activities for which a licence 
is required and responsible institutions for issui ng such licensing. The list was presented to members 
of the Working Party in document WT/ACC/MOL/ 13. The representative of Moldova further noted 
that Articles 6, 7, and 12 of the Law “On Licen sing of Certain Types of Activities" governed the 
procedures for issue and granting of licenses. Article 13 of the Law “On Licensing Certain Types of 
Activities” provides for detailed procedure in cases wh en an application for licence was refused. The 
applicant is informed within 3 days about the refu sal to issue a licence following the date of adoption 
of such decision, indicating the reasons of rejecti on. The reasons to refuse the issue of a licence under 
the Article 13(2) are: (a) inauthentic or change d data, contained in th e submitted documents; (b) 
irrelevant conditions or lack of conditions (tec hnical, technological, sanitary-hygienic and ecological 
security of technological processes) necessary for pe rforming concerned type of activity, listed in 
application; (c) previous withdrawn of licence for the same type of activity in cases of violations listed in the art.16 (c), (d) and (e) and (d) other co nditions according to the legislation. In the case of 
liquidation of causes, for which had been refused the application for issue of the licence, the applicant 
may submit a new request. The decision of the Commi ssion may be brought to courts in accordance 
with the established way. 
50. The representative of Moldova confirmed that the former state foreign trade monopoly had 
been abolished and that no restrictions existed on the right of foreign and domestic individuals and 
enterprises to import and export goods within Moldov a's customs territory, with the exception that the 
importation and exportation of  goods under licence could be undertaken only by registered firms, and 
with the exception of licensing requirements for tho se activities listed in the table below, according to 
the Annex 2 of Law "On Licensing of Certain Types of Activities". The importation or exportation of 
products covered by activity licenses was subject onl y to requirements consistent with the WTO 
Agreement. The activity licenses en umerated in Annex 2 of Law "On Licensing of Certain Types of 
Activities" did not restrict foreign participation as they applied equally to foreign and domestic 
businesses. Activity licenses were administered for the purpose of ensuring national security, product 
safety and the protection of human, animal or plan t life or health. The criteria for granting activity 
licenses were published in the ”Monitorul Oficial” of the Republic of Moldova. The criteria for 
engaging in import and export trade in the restricted sectors were consistent w ith generally applicable 
restrictions placed on trade in similar domestical ly produced goods. The availability of activity 
licenses was not restricted nor was the licensing a pplied to restrict imports, the production, wholesale 
or retail trade in any product. The representative of  Moldova stated that the list provided in Annex 2 
to the Law “On Licensing of Certain Types of Ac tivities” was exhaustive and its expansion to other  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 27 
 
 
 activities would require additional legislation as stipul ated in Article 2 (2) of that Law.  The list 
appears as Annex I to this Draft Report.   
51. Some members of the Working Party noted th at Annex 17 of the 1999 Budget Law provided 
for the collection of discriminatory fees in relation to the licensing of the activity storage or wholesale 
of imported alcoholic beverages.  The fee was five times the level of the fee for the storage of domestically produced alcohol.  Those members requested that this be brought into conformity with 
the requirements of Article III:4 of the GATT 1994.  In response, the representative of Moldova 
acknowledged that the fees in relation to the licensing of the activity of storage or wholesale of imported alcoholic beverages were inconsistent with the requirements of Article III:4 of the GATT 
1994.  He noted that the current draft of the
 2000 Budget Law had deleted references to "imported" or 
"domestic" when describing the fees for licensing the activity of storage or wh olesale.  Accordingly, 
the discriminatory fees were eliminated as of 1 May 2000), when the Budget Law for 2000 came 
into force. 
52. The representative of Moldova confirmed th at from the date of accession Moldova would 
ensure that its laws and regulations  relating to the right to trade in goods and all fees, charges or taxes 
levied on such rights would be in full conformity with its WTO obligations, including Articles VIII: I 
(a), XI: I and III:2 and 4 of the GATT 1994 and that it would also implement such laws and regulations in full conform ity with these obligations. He confirmed in particular that activity 
licensing requirements would not abri dge the right to import and export . He further confirmed 
that the 2000 Budget Law of the Republic of Moldov a would bring all internal taxes or other internal 
charges, in particular those applied in relation to  the licensing of the activity of storage or wholesale 
of imported alcoholic beverages, into conformity with the requirements of the WTO Agreement. The 
Working Party took note of these commitments.  
- Customs Tariff - Ordinary customs duties 
53. The representative of Moldova said that the present import customs tariff of Moldova was 
approved every year as part of the Budget Law. The representative of Mol dova confirmed that after 
ratification of the Accession Protocol by the Mol dovan Parliament, the Moldovan Government would 
set the custom tariffs within the agreed ceiling levels. 
54. In response to questions concerning the applied ra tes of the specific duties the representative of 
Moldova provided the Working Part y with the follow ing tabulation: WT/ACC/SPEC/MOL/4/Rev.3 
Page 28  
 
 Table 6 
Specific Duties
 
Code Description Bound Rate of 
Duty 
2203 Malt beer 1,0 EURO/l 
2204 Natural wine, including strong wines; must of grapes other than in item 
2009 1,32 EURO/l 
220510 Vermouths and other wines flavored w ith herb or other aromatic substances 
in containers holding 2litters or less  1,32 EURO/l 
2206 Other fermented drinks (e.g. apple or pear cider, hydromel); mixtures of 
other fermented drinks and nonalcoholic drinks not mentioned in other items 0,24 EURO/l 
2207 Essential alcohol of 80 per cent or mo re; ethyl alcohol and other alcoholic 
drinks, of any concentrations 1, 0 EURO/l 
2208 Ethyl alcohol of up to 80 per cent:  1, 0 EURO/l 
2402 Leaf cigarettes, cigars made  of tobacco or its substitutes 2EURO/1000 pcs 
 
The representative of Moldova noted  that specific duties were admi nistered accordi ng to the normal 
rules of customs procedures. 
55. The representative of Moldova provided the follow ing tabulation of the average customs tariff 
rates: 
Table 7 
Description Year Percentage 
Simple average 1995 9.5 
Simple average 1996 n.a.* 
Trade weighted average 1995 5.9 
Trade weighted average 1996 4.8 (using 1995 trade weights ) * 
Trade weighted average 1997 11.6 (using 1996 trade  weights ) 
Trade weighted average 1998 5.0 (using 1997 trade weights) 
Trade weighted average 1999 4.8 (using 1998 trade weights) 
* A simple average for 1996 was not calculated as the 1996 tariff included a number of relatively high 
fixed duty rates. When calculating the weighted average these could be ignored, as there had not been 
important import volumes in these tariff lines. 
56. Some members of the Working Party said that there was uncertainty concerning the customs 
tariff schedule currently applied in Moldova. In re sponse, the representative of Moldova submitted the 
customs tariff for 1998 in electronic format, which wa s part of the 1998 Budget Law and had superseded 
all previous customs tariffs. The Government had pr oposed to the Parliament to modify this system 
through the adoption of a customs tariff with base dut y rates and applied rates as an annex to the Law on 
Customs Tariff. Only amendments to the tariff would be passed through the Budget Law. This new 
scheme was expected to be effective from the year 2000.    WT/ACC/SPEC/MOL/4/Rev.3 
 Page 29 
 
 
 - Tariff quotas, tariff exemptions  
57. The representative of Moldova stated that in Mo ldova, at present, there were no tariff quotas. 
The Regulations with regard to  the application of the cust oms tariff (Governmental Decision No. 689 of 
8 November 1993 “On Customs Tariff”) provided for complete exemption from duties for imports from 
members of the CIS and from Romania, as result of the free trade agreements signed with these 
countries, and for imports from countries classified by th e United Nations as least developed.  
58. In response to questions concer ning tariff exemptions, the repres entative of Moldova stated that 
tariff exemptions did not depend on the type of produc t but on its use. He provi ded a list of imports, 
which benefited from tariff exemptions. They in cluded charitable donations from organizations and 
individuals to recognized charit y institutions, goods imported under "cooperation contracts", the GSP 
system, agreements of technical c ooperation etc. The import duty exemptions applied to raw material 
imports from all countries if the final product was su bsequently exported. Tariff exemptions other than 
those provided for in the context of a customs union or  a free trade agreement were applied on a M.F.N. 
basis, except for the exemption for goods originating from the least -developed countries in accordance 
with the "Enabling Clause" decision of  the GATT 1947 Contracting Parties.  Moldova was prepared to 
undertake that exemptions would only be granted to th ird countries in accordance with the provisions of 
the WTO. 
- Other duties and charges 
59. The representative of the Republic of Moldov a confirmed that the Republic of Moldova 
levied no duties and charges on imports other than or dinary customs duties. He further confirmed that 
Moldova had bound other duties and charges within the meaning of Article II:1(b) of the GATT 1994 
at zero in its Schedule of Concessions on Goods which is reproduced in Part I of the Annex to the 
Protocol of Accession. 
60. The representative of Moldova confirmed that th e “consular charges” applied by the foreign 
representatives and embassies of Moldova for perform ing consular actions and certifying or issuing 
documents with judicial importance were only applie d to legal and natural pe rsons of the Republic of 
Moldova.  These consular charges were not required for the authentication of documents necessary to 
import goods into Moldova. 
61. The representative of Moldova confirmed that Moldova had agreed to bind at zero other 
duties an d charges in its Schedule of Tariff Concessions pursuant to Article II:1(b) of the GATT 1994.  
The Working Party took note of this commitment.  WT/ACC/SPEC/MOL/4/Rev.3 
Page 30  
 
 - Fees and charges for services rendered 
61. Some members of the Working Party asked whet her Moldova levied other duties and charges, 
in particular any ad valorem  customs fees. In response, the representative of Moldova said that 
Moldova did apply an ad valorem  customs user fee .  However, the Budget Law 2000 removed the 
0.25 per cent customs user fee and introduced a fl at fee reflecting the appr oximate cost services 
rendered.  The change to a flat fee was being included in the draft Law on Budget 2000.  The customs 
user fee would be applied both to import and expo rt operations and would reflect the approximate 
costs of the  services rendered.  In addition to basic administrative expenses related to the processing 
of imported or exported goods, other related costs su ch as statistical services would be taken into 
consideration, as well as the apportionment of the general costs related to  improve basic customs 
infrastructure in order to facilitate movements of merchandise. Starting from 1 January 2000 the fee 
for customs procedures would be applied acco rding to the methodology established by the 
Government of the Republic of Mol dova . The revenues from the fee would be used to finance the 
Department of Customs Control activities on the basis of a expenditure-sheet approved by the 
Government. 
Table 8 
Payment Rate for Customs Procedures  
Types of custom services Rate in Euro 
For the customs authorisation of goods with a customs value 
− Less than 50 
− Between 50 and 1000 
− More than 1000  
3 5 
0.25% of customs value but not more 
than 600 Euro 
For the customs authorisation of imported or exported goods that must be returned to the country of origin 
− For each customs declaration 
− For each additional customs declaration sheet  
 
30 
15 
For the authorisation of goods in the case of transit 
− For each customs declaration 
− for each additional customs declaration sheet  
10 
5 
For the authorisation of goods to be transferred to/or from the 
bounded customs warehouse  
− For each customs declaration 
− for each additional customs declaration sheet  
 
30 
15 
For the authorisation of goods, that are outside of zones of customs control (companies premises), or outside of established 
working hours (per hour of one customs officers time)  
− outside of customs control zones  
− outside of office hours, Saturday, Sunday 
− public holidays  
 
  
20 
20 
20 
For the cancellation of ordered services, stipulated in point 5, 
which was not motivated in due time and written form 20  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 31 
 
 
 Types of custom services Rate in Euro 
For the customs inspection of transport of individual use , if this 
transport is used for transporta tion of goods in under taxation 
quantities  10 
To submit the certificate of transport registration of chassis and 
engine toc, introduced on the territory of the Republic, as well as 
temporary, that must be registered in the Ministry of Internal 
Affairs 5 
For storage goods at customs wa rehouse, for one kilo per each 
day  
− For the first 10 days  
− For each of the following days    
 
0.1 
0.5 
For the obligatory retention of goods to be left at custom, as mortgaged goods for each day of storage 
− For the first 10 days  
− for each of the following days  
 
0.5% of the total price of goods 
0.1% of the total price of goods 
To submit  the customs declarant certifi cate to each person with a 
right to fill in custom declaration for a year  150 
To extend the valid period of th e customs declarant certificate 100 
Additional payment for issue of duplicate certificates by the 
declarant during the year 10 
To change the terms in custom declaration 0.1% of the customs value, but not 
more than 200 Euro 
For the re-evaluation of the customs value, indicated in the Custom declaration at the request of the company in the cases 
stipulated in the legislation 1% in the customs value but not more 
than 500 Euro 
For the escort of goods transported under the customs control 0.5 for 1 km within stipulated time and 
1 Euro for exceeding the stipulated 
time 
For applying of customs sealing devices and customs stamps 3 per piece 
For presenting evidence that confirm export and import operation 
did by companies 10 
For the customs authorisation of international mail sent by public 
at designated offices 0.4 
 
62. The representative of Moldova confirmed that, from the date of accession, Moldova would 
not apply or reintroduce an ad valorem  customs fee. Moldova confirmed that for import processing, 
fees would be applied in conformity with WTO obligations, especially Articles VIII and X of the 
GATT 1994.  The level of the applied fee would not  exceed the approximate cost of the customs 
processing of imports, revenues from the fee would be used solely for customs processing of imports and total annual revenue from collection of the f ee would not exceed the approximate cost of customs 
processing operations for the items subject to the fees.  He confirmed that revenues from the fee 
would not be used for customs processing of exports  or imports exempted from the fee, should there 
be any, or for any other objective.  Information regarding the application and level of the fee, 
revenues collected and their use, would be pr ovided to WTO Members upon request. The Working 
Party took note of these commitments.  WT/ACC/SPEC/MOL/4/Rev.3 
Page 32  
 
 - Import surcharge  
63. In response to questions from members of the Working Party the representative of Moldova 
stated that due to particular balance of payment difficulties, through Article 17.2 of the 1999 Budget 
Law Moldova had introduced a special impor t surcharge at a rate of 5 per cent ad valorem  which were 
applied to 700 tariff lines at four digit level. The surcharge was applied only to those items to which 
Moldova applied a “zero” rate of customs duty. Wh en the MFN duty rate was zero, the surcharge was 
applied on an MFN basis.  When the duty rate was not zero, but a zero tariff was applied to imports 
from some countries under free trade agreements, the surcharge was applied only to imports 
originating in the countries participating in  the free trade agreements. He confirmed that on 1 May 
2000  Moldova would
 eliminated the import surcharge to ensure  full application of the provisions of 
the WTO Agreement. 
64. The representative of Moldova said that Moldova did not apply at this time any other charges 
on goods than the above mentioned. He also said th at after accession all duties and charges applied on 
imports other than ordinary customs duties and char ges for services rendered would be in accordance 
with the WTO provisions. The representative of Mo ldova stated that from the date of accession 
Moldova would ensure that all charges applied to imports were applied in a manner consistent with 
the requirements of the Understanding on Balance- of-Payments Provisions of the GATT 1994, as well 
as Article XII of the GATT 1994. The Working Party took note of these commitments. 
- Application of internal taxes on imports - Value Added Tax 
65. Some members of the Working Party requested Moldova to bring its VAT system in line with 
Article I of the GATT 1994, so that it was applied eq ually to imports from all third countries, including 
CIS countries. In response the re presentative of Moldova stated that 20 per ce nt VAT was imposed on 
the majority of imported and domestically pur chased goods. The Budget Law 2000 had brought the 
application of excise tax and VAT into conformity with the relevant WTO provisions. The only 
exception (Article 25) concerning VAT  application was made for Russia and Belarus.  As the Title III of 
the Fiscal Code foresaw no such exceptions , the 1999 Budget Law 1998 No. 216-XIV enacted on 12 
December 1998 had brought the application of VAT fully into conformity with the relevant WTO 
provisions, without any exceptions. He added that  VAT for domestically produced goods was paid 
together with the price of the goods. Firms and enterprises submitted a monthly statement to the 
Ministry of Finance, not later than the 20th of th e following month, and paid the VAT due together with 
the submission of the statement. VAT on imported g oods had to be paid before the goods entered the  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 33 
 
 
 customs territory of the Republic of Moldova. Moldova would comply wit h the provisions of the WTO 
concerning taxation.  
66. The representative of Moldova said that according to Budget Law 2000 (Article 25.1 ), VAT 
exemptions are the following:  
a) power energy both imported and supplied by distribution networks or imported 
by distribution networks. Value added tax on power energy transportation is 
computed and paid to the budget in  the generally prescribed manner; 
b) heat energy and hot water supplied to the population. Value added tax on raw 
materials, fuel, other materials and servi ces relating to production and supply of 
heat energy and hot water to the population is not included in the cost value; 
c) electrical power networks of 35 kw sold by the State Enterprise 
“Moldtranselectro”; 
d) precious metals and precious stones in  any form and condition, including scrap 
and waste containing precious metals and precious stones, purchased by the 
State Depository of Valuables; 
e) the goods manufactured in the medical production (labour) shops under the 
psychiatric hospitals of the Ministry of He alth in which disabled labour is used.  
f) Equipment, machinery and their components, (presented in Annex 17) lorries, 
tractors and combines both domestically pr oduced or imported, as well as their 
subsequent sale on the domestic market;  
g) importation and sale: of technologicall y superior seeds and standardised hybrids 
imported and used for multiplicatio n purposes and implementation of new 
technologies; fruit-growing and viticultur al material for planting, as well as 
breed stock and poultry, premixes of proteins vitamins and provitamines, 
antibiotics, veterinary vaccines, liquid nitrogen, nutritive additives. 
h) Raw materials, materials and spare pa rts and components imported by Society 
of Blind People to be processed;  
i) The activities linked to authentication of the rights of landholders.  
j) The activities of drafting the texts, publishing and polygraph execution of books 
connected with areas of culture, educat ion, and science (except for those with 
advertising, erotic and pornographic character), as well as importation and sales of book products in the areas mentione d above and concerned periodical issues; WT/ACC/SPEC/MOL/4/Rev.3 
Page 34  
 
 k) Reconstruction works in tuberculosis sanatorium for children in Ciadir Lunga 
to be funded with money granted by governments of Turkey and US as a 
humanitarian aid. 
 
67. The representative of Moldova further added that  the VAT adherent to the expenditures for 
respective products was assigned to its value cost; the activities of drafting the texts, publishing and 
polygraph execution of books con nected with areas of culture, e ducation, and science (except for 
those with erotic character). The VAT adherent to  expenditures connected with such activities was 
assigned to its value cost. Exemptions from payment of the value -added tax to the budget appl ied to 
agricultural enterprises regardless of thei r type of ownershi p and organizational -legal form on the sale 
of products from crop farming and animal  husbandry in unprocessed form and on a live -weight basis. 
The amount of value -added tax was entered on a separate line in sales documents for these products. 
The amount of value -added tax remaining at the enterprises' disposal shall not be subject to the 
income tax.  
67. The representative of Moldova confirmed that  VAT application would be brought into full 
WTO  conformity.  The exemption from VAT of products from crop farming and animal husbandry in 
unprocessed form and on a live-weight basis during year 1999  did not extend to imports of similar 
products. The representative of Moldova stated that this practice would be discontinued and 
subsequently the Budget Law 2000 eliminated this exemption.  The Working Party took note of 
this commitment.  
- Excise Tax 
68. The representative of Moldova stated that the cu rrent system of excise taxation treated some 
imported and domestic products differently. Some members of the Working Party stated that although they welcomed the Moldova’s recogni tion that the current excise tax sy stem treated some domestic and 
imported products differently, wh ich was inconsistent with Articl e III of the GATT 1994, they asked 
that the system be brought into conformity with that provision. In response, the representative of 
Moldova stated that the following excise tax rates included in the  proposed for the draft
 Budget Law 
2000 are in compliance with the WT O requirements. He confirmed that  the producers of the goods on a 
monthly basis paid the excise tax on domestically produced goods. Producers submitted a monthly 
statement to the Ministry of Finance, not later than  the 20th of the following month, and paid the excise 
due. Excise tax on imported goods had to be paying   paid  before the goods entered the customs territory 
of the Republic of Moldova. For th is purpose importers purchased exci se stamps and marked the goods 
with the stamps.   WT/ACC/SPEC/MOL/4/Rev.3 
 Page 35 
 
 
 Table 9 
List of Excisable Products included in the Budget Law 2000  
Code Description of goods Unit measure Amount 
0901 Coffee, whether or not roasted or decaffeinated; coffee 
husks and skins; coffee substitutes containing coffee 
in any proportion. value in 
MDL  10% 
1604 20 101 other prepared or preserved fish of salmon (red caviar) value in 
MDL 20% 
1604 30 Caviar and caviar substitutes value in 
MDL 25% 
2203 00 Beer made from malt litre 0.8 MDL 
2204 10 110 Champagne litre 2,0 MDL 
2204 10 191 Classic sparkling wine litre 2,0 MDL 
2204 10 192 Natural sparkling wine litre 2,0 MDL 
Ex.220410991 Carbonated sparkling wine litre  2,00 MDL 
2204 21 Other wine; grape must with fermentation prevented 
or arrested by the addition of alcohol in containers holding 2 l or less, other than position 2009:   
 -of an actual alcoholic strength by volume not 
exceeding 13%vol: litre 1,00 MDL 
 -of an actual alcoholic st rength by volume exceeding 
13%vol: litre 1,20 MDL 
2204 29 wine other than that referred to an subheading 2204 
10, grape must with fermentation prevented or arrested by the addition of alcohol in containers 
exceeding 2 l other than position 2009:   
 -of an actual alcoholic strength by volume not 
exceeding 13%vol: litre 1,00 MDL 
 Of an actual alcoholic st rength by volume exceeding 
13%vol: litre 1,20 MDL 
2204 30 Musts other than positions 2204 21 and 2204 29 litre 1,00 MDL 
2205 Vermouth and other wine of fresh grapes flavored 
with plants or aromatic substances. litre 1,2 MDL
2206 Other fermented beverages (for example, cider, perry, 
mead); mixtures of fermented beverages and mixtures 
of fermented beverages and non-alcoholic beverages, 
not elsewhere specified or included. litre 0.1 MDL
2207 10 000 Undenatured ethyl alcohol of an alcoholic strength by 
volume of 80 % vol. or higher; except those used in 
pharmaceutical industry and medicine alcohol litre 
absolute 0.09 MDL/% 
vol/litre 
2207 20 000 Ethyl alcohol and other spirits, denatured, of any 
strength alcohol litre 
absolute 0,09 MDL/% 
vol/litre 
2208 20 Spirits obtained by distilling grape wine or grape marc   
 - current consumption  (not older than 6 years) litre  8 MDL 
 - matured (from 6 to 10 years old) litre  20 MDL 
 - old (more than 10 years) litre 60 MDL 
Ex.220820294 Brandy, in containers each holding not over 2 litre Litre 0,09 MDL/% 
vol/litre 
Ex. 220820894 Brandy, in containers each holding more 2 litre Litre 0,09 
leu%vol/litre 
2208 30 Whisky alcohol litre 
absolute 0,09 MDL/% 
vol/litre 
2208 40 Rum and tafia alcohol litre 
absolute 0,09 
leu%vol/litre WT/ACC/SPEC/MOL/4/Rev.3 
Page 36  
 
 Code Description of goods Unit measure Amount 
2208 50 Gin and Geneva alcohol litre 
absolute 0,09 
leu%vol/litre 
2208 60 Vodka alcohol litre 
absolute 0,09 
leu%vol/litre 
2208 70 Liqueurs alcohol litre 
absolute 0,09 
leu%vol/litre 
2208 90 Undenatured ethyl alcohol of an alcoholic strength by 
volume of less than 80 % vol.; spirits, liqueurs and other spirituous beverages, except those from 220820-
220870) alcohol litre 
absolute 0,09 
leu%vol/litre 
2401 Un-manufactured tobacco; tobacco refuse. Tone 2000 MDL 
2402 10 000 Cigars, cheroots  and cigarillos, containing to bacco 1000 pi eces 1000 MDL 
2402 20 Cigarettes containing tobacco   
 - containing cloves 1000 pieces 7 MDL 
 - others 1000 pieces 3 MDL 
2402 90 000 Cigars, cheroots and cigarillos, containing tobacco, 
containing substitutes of tobacco 1000 pieces 5 MDL 
Ex.2710 00 270 
Ex.2710 00 290 
Ex.2710 00 320 
Ex.2710 00 340 Ex.2710 00 360 
Ex.2710 00 390 Petrol for cars  Tone 1200 MDL 
 Gas oils   
27 100 061 For undergoing a specific process Tone 500 MDL 
2710 00 65 For undergoing chemical transformation by a process 
other than those specific in respect of subheading 
2710 00 61 Tone 500 MDL 
2710 00 66 With a sulphur content not  exceeding 0,05% by weigh Tone 500 MDL 
2710 00 67 With a sulphur content  exceeding 0,05% by weigh 
but not exceeding 0,2% by weight Tone 500 MDL 
2710 00 68 With a sulphur content exceeding 0,2% by weight Tone 500 MDL 
3303 00 10 Perfumes value in 
MDL 10% 
Ex.4303 Articles of apparel, clothing accessories and other 
articles of fur skin value in 
MDL 25% 
Ex. 7113 Articles of jewelry and parts thereof, of precious metal 
or of metal clad with precious metal. Value in 
MDL 10% 
Ex. 8520 Magnetic tape recorders and other sound recording 
apparatus, whether or not incorporating a sound 
reproducing device. MDL 15% 
Ex. 8521 Video recording or reproducing apparatus, whether or 
not incorporating a video tuner. Piece 10 EURO 
Ex. 8525 Transmission apparatus for radio-telephony, radio-
telegraphy, radio-broadcasting or television, whether 
or not incorporating recep tion apparatus or sound 
recording or reproducing apparatus; television 
cameras; still image video cameras and other video 
cam Piece 30 EURO 
8528 Reception apparatus for television, whether or not 
incorporating radi o-broadcast receivers or sound or 
video recording or reproducing apparatus; video 
monitors and video projectors.   
852812520 Not over 42 cm Piece 20 EURO 
852812540 More 42 cm, but not over 52 cm Piece 30 EURO  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 37 
 
 
 Code Description of goods Unit measure Amount 
852812560 More 52 cm, but not over 72 cm Piece 40 EURO 
852812580 More 72 cm Piece 50 EURO 
8703 Motor cars and other motor vehicles principally 
designed for the transport of persons, including station wagons and racing cars.   
8703 21  - of a cylinder capacity not exceeding 1,000 cc cm3 0,15 EURO 
8703 22 - of a cylinder capacity  exceeding 1,000 cc but not 
exceeding 1,500 cc cm3 0,20 EURO 
8703 23 - of a cylinder capacity  exceeding 1,500 cc but not 
exceeding 3,000 cc cm3 0,30 EURO 
8703 24 - of a cylinder capacity exceeding 3,000 cc cm3 0,80 EURO 
 Other vehicles, with compression-ignition internal 
combustible piston engine (diesel or semi-diesel)   
8703 31 - of a cylinder capacity  not exceeding 1,500 cc cm3 0,20 EURO 
8703 32  - of a cylinder capac ity exceeding 1,500 cc but not 
exceeding 2,500 cc cm3 0,50 EURO 
8703 33 - of a cylinder capacity exceeding 2,500  cm3 cm3 0,80 EURO 
 
Notes:  
1. Indicated excise tax rates were applicable to importation and production of goods subject of excises, 
regardless of the country of origin, set out for dale in the home market and in the CIS countries with the 
which the Republic of Moldova did not enter into or ratified agreement on principles of indirect 
taxation of imports and exports of the goods (works, services). Spirits, wine in bulk and non fermented 
bulk and non-fermented tobacco sold to business which have fiscal relations with national budgetary 
system and have licensed operation aimed at productio n of excise taxable merchandise, are not liable to 
excise tax. 
2. If merchandise (production) liable to excise tax are sold in shapes which do not comply with measure 
units set forth for excise rates, taxation (application of excise stamps) shall be done based on approved 
rates after recalculation of the amounts into approved measure units. Recalculation of excise tax for 
alcohol related to contents of absolute alcohol shall be done in a similar way. 
3. In cases when merchandise liable to excise taxation, which have to be marked with excise stamps are 
sold (imported) in a shape which does not comply with measure units approved for excise rates, only 
one excise stamp is applied, however, its value subjected to taxation shall be determined at the moment 
of delivery, based on approved rates r ecalculated in the necessary measure units; 
4. Costume jewelry articles made of the customer's raw material are not liable to excise taxation, except 
cases of buy and sell transactions with the above mentioned articles. 
5. Amounts of excise taxes paid in the budget for the alcohol bought and used in medicine, pharmacology 
and veterinary are used for se ttlement of budget accounts; 
6. Rates approved for groups of merchandise (products) apply to all products included in the relevant 
group, according to the Moldovan Commodity Classification. 
7. The rate approved for imported cigarettes with filter shall be applied from the date of 1 October 2000. 
Before this date the rate of excise  tax for imported cigarettes with f ilter shall be 2 USD for 1000 pieces.  
8. The fuel that subsequent to any specific processes is transformed and used as petrol or gas is subject to 
the normal rate of excise tax. 
 
71. The representative of Moldova said that the exemption for  the “Giuvaer” factory was 
introduced being the only producer of jewelry goo ds. Starting with 2000 this provision would be 
taken out from the Budget Law.  
69. Referring to the table above, some members of th e Working Party asked Moldova to ensure that 
the exemption from excise tax for spirits used in phar macology and veterinary pr oducts did not create an WT/ACC/SPEC/MOL/4/Rev.3 
Page 38  
 
 incentive for abuse of the exemption. In response the representative of Moldova stated that 
manufacturers of pharmace uticals or veterinary products were gr anted exemption from excise taxes for 
imported spirits on a bona fide  basis if they declared that the im ported spirits would be used for the 
production of pharmaceut icals or veterinary products. However, exemptions from excise taxes were 
being monitored and unusual supplies, which coul d not be explained, would give rise to an 
investigation.  
70. Some members of the Working Party request ed information on how the Government of 
Moldova intended to amend the Budget Law to bring the VAT and excise tax regimes into conformity 
with WTO requirements.. The paper stated that the VAT and excise tax systems should be in conformity 
with the relevant WTO provisions. In part icular, the Budget Law would provide for the . The fiscal 
policy reflected in the Budget Law 2000 is based on the following: (i) general application of the 
principle of destination for VAT purposes; (ii) no discriminatory VAT exemptions for domestic 
products; (iii) general application of  the principle of destination fo r excise tax purposes; (iv) no 
discriminatory excise tax rates. The general applicat ion of the principle of destination for VAT purposes 
is also stipulated in the new La w on VAT. According to the Government plan, Moldova had intended to 
apply the principle of destination for VAT and excise taxation an d to adjust the excise tax rates, 
consistent with national tr eatment requirements starti ng with the Budget Law 2000 . The Budget Law 
1999, enacted in December 1998, had brought the application of excise tax and VAT without any 
exceptions fully into conformi ty with the relevant WTO provisions . However, the severe budgetary 
difficulties currently encountered by Moldova could require temporary fiscal measures, which might be 
inconsistent with WTO regulations. Such measur es, if applied, would be brought into con formity with 
WTO rules prior to accession.  
71. Some members of the Working Party stated that th ey were of the view that the excise taxation 
regime on alcoholic beverages was inconsistent with the requirements of Article III of the GATT 1994 
in light of recent WTO Dispute Settlement proceed ings. Those members asked how Moldova planned to 
ensure conformity of its excise taxation of alcoholic beverages with the GATT 1994. In response, the 
representative of Moldova stated that the Budg et Law for 2000 had removed all inconsistencies as 
regards excise taxation regime on alcoholic beverages. considered that its excise tax regime was in 
conformity with the requi rements of the GATT 1994, although if that was not the case, Moldova would 
take all necessary steps to bring i ts regime into conformity.  
72. Concerning the application of the excise tax es, the representative of Moldova said that 
Moldova had signed bilateral agreem ents with Belarus, Kazakstan,  Uzbekistan and Armenia that 
provided for the implementation of destination of excise taxes as well. Starting with the Law on  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 39 
 
 
 Budget 2000 the application of excise taxes was brought fully into conformity with WTO provisions 
with all countries.  
73. The representative of Moldova confirmed that, from the date of accession, Moldova would 
apply its domestic taxes, including those on products  listed in paragraphs 65-71 in strict compliance 
with Article III of the GATT 1994 and in a non-di scriminatory manner to imports regardless of 
country of origin. The Working Party took note of this commitment. 
- Quantitative import restrictions 
74. Some members of the Working Party requested  information concerning those provisions in 
Moldovan Law that authorized the Executive to a pply quantitative restrict ions. In response, the 
representative of Moldova explained that under the Article 13 of the Law “On Foreign Economic Activity” the Government could rest rict the export and import of goods  and services or to suspend 
foreign economic transactions for balance-of-pay ments reasons or under other economic and political 
conditions. However, such temporary measures had to respect provisions of international treaties and 
agreements to which Moldova was a party (Article  3, Law “On Foreign Economic Activity”). There 
were no specific rules on the duration of such te mporary measures. Moldova did not maintain import 
prohibitions although import prohibitions could be imposed under this Law. He added that Moldova 
would only apply import restrictions, quotas and rest rictive import licensing in conformity with the 
relevant WTO provisions. 
75. Some members of the Working Party noted that Article 12 of the Law “On Foreign Trade 
Activity” appeared to authorize, as a rule, the setti ng of quantitative restrictions, awarding of quotas 
and issuing of licenses "through holding a tender or an  auction" and that "distribution of quotas and 
issue of licenses are conducted by an authorized body of public administration, with preference given 
to manufacturing organizations". Those members asked whether the auctioning of quotas, licenses and other quantitative restrictions is  compatible with the provisions of Articles II, XI, and XIII. In 
response, the representative of Moldova stated th at Article 10 of the Law “On Foreign Economic 
Activity” provided that importation and exportation was not subject to any quantitative restrictions. 
The Government of the Republic of Moldova coul d only introduce quantitative restrictions on import 
and export only in the exceptional cases foreseen in the new draft law. These exceptional cases were 
stipulated in Article 11 of the Law “On Foreign Economic Activity” and were in compliance with 
Articles XX and XXI of GATT 1994. Governmental Decisions concerning the introduction of quantitative restrictions on import a nd export were required to  be published at least 30 days before the 
entry into force of these restrictions. In the case of  establishment of any quantitative restrictions, the 
authorized body of public effected the administration and distribution of quotas and the issue of WT/ACC/SPEC/MOL/4/Rev.3 
Page 40  
 
 licenses. He further noted that Article 3 of the this  Law that provided that the supremacy of that Law 
over any international agreements to which the Repub lic of Moldova is part, the consistency with the 
WTO Agreements is assured, including as regards Articles IX and XIII of GATT 1994. 
76. Some members of the Working Party asked how preferential treatment in the distribution of 
licenses was compatible with the provisions of Artic le III and XI. In response, the representative of 
Moldova stated that Article 12 of the Law “On Foreign Economic Activity” had been amended to 
delete all references to preferences.  
77. The representative of Moldova said that at the present time Moldova had no quantitative 
import restrictions in place. He confirmed that from the date of accession, the Republic of Moldova 
would not introduce or apply quantitative restrict ions on imports and other restrictions having 
equivalent effect that could not be justifie d under the provisions of the WTO Agreements.  
- Import licensing procedures 
78. Some members of the Working Party requested information on the products subject to import 
licensing, the justifications thereof, the author ities involved, the cost and procedures, and the 
documentation requirements. In response, the represe ntative of Moldova confirmed that only a limited 
number of products were subject to licensing. The product groups subject to li censing are listed in the 
following paragraph. Lottery-type i nventions, equipment for different types of lottery, slot machines, 
fortune games, and industri al waste subject to international contro l were also subject to import licensing. 
The import licensing system applied to imports irrespective of their origin, including imports from CIS 
countries and other countries with  which Moldova had a preferential trade agreement. In order to 
provide the Working Party with further information,  the representative of Moldova presented further 
information on import licensing in document WT/ACC/MOL/8/Add.1; which was revised and 
supplemented in document WT/ACC/MOL/15.  
79. Some members of the Working Party asked to wh om an application for import license should be 
made. The representative of Moldova said that the inst itutions and the product groups covered, as 
well as the reason for each licensing requirement and WTO justification are listed in the table 
below:  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 41 
 
 
 Table 10 
Special Governmental Committee  
Product Group 
 HS-Code Reason for 
licensing GATT Reference 
Weapons, ammunitions, military 
equipment, kits to produce such 
equipment, works and services in the field of technical-m ilitary cooperation 93.00 National security Art. XXI (b) (ii) 
Explosive substances 36.01-36.04 National security Art. XXI (b) (ii) 
Nuclear materials, technologies, 
equipment and installations to produce 
such materials 2844, 8401 National security Art. XXI (b) (ii) 
 
Table 11 
Ministry of Health  
Product Group 
 HS-Code Reason for licensing GATT 
reference 
Pharmaceutical products  1204, 12 07, 1211, 
2924, 2935-2938, 
2941, 3001-3006, 370110, 4014, 4015, 
481840, 481890, 7017 Protection of human, animal 
or plant life or health Art. XX (b) 
Medical and optical equipment, 
parts and accessories, bio-media for the development of 
microorganisms 9001-9004, 9018-
9022, 3821 Protection of human, animal 
or plant life or health Art. XX (b) 
Diagnostic tests and chemical 
reactive 3822, 38084 Protection of human, animal 
or plant life or health Art. XX (b) 
Drugs, substances with 
psychotropic effects; materials to produce such substances 1302, 2921, 2922, 
2926, 2929, 2932, 2939, 280610, 2807, 
28416, 290231, 
290911, 291411, 
291412, 29143, 
291524, 291633, 29242950, 29329073-
29329071, 293332, 
29394, 29396. Protection of human, animal 
or plant life or health ART. XX (B) 
 WT/ACC/SPEC/MOL/4/Rev.3 
Page 42  
 
 Table 12 
Ministry of Agriculture and Processing Industry
 
Product Group 
 HS-Code Reason for licensing GATT 
reference 
Poisons 280480, 280540, 
2837, 2838, 284160, 
2904, 2907, 2908, 291521,  Protection of human, animal 
or plant life or health Art. XX (b) 
Chemical and biological products 
for plant protection and 
stimulation of plant growing. 31, 3808 Protection of human, animal 
or plant life or health Art. XX (b) 
Tools and devices for vet services 9018-9022 Protection of human, animal 
or plant life or health Art. XX (b) 
 
Table 13 
 
Ministry of Finance  
Product Group 
 HS-Code Reason for licensing GATT 
reference 
Precious metals (silver and gold), objects made thereof, alloys, 
semifabricates, wastes containing 
precious metals (except electronic articles containing precious metals), 7106, 7108, 7113, 
7114, 7115, 7118, 
711210 Special role of gold and 
silver Art. XX (c) 
Petrol and diesel Ex.2710 Protection of human, 
animal or plant life or 
health Art. XX (b) 
 
80. The representative of Moldova added that alt hough imports of medications, drugs and medical 
equipment had previously been to prior authorization by the Ministry  of Health, that requirement had 
now been eliminated following the Decision of the Constitutional Court No.14 of 19 May 1998. The 
Government Decision No.716 of 30 June 1998 had introduced certain amendments to the 
Governmental Decision No.777 that abolished the license fee of 0.1 per cent.  
81. The representative of Moldova noted that there were no fees related to the issuing of import 
licenses. Licenses were automatic. A license was require d to be issued within five days after the 
complete set of documents had been submitted. Impor t licenses were valid for the period requested by 
the importer. Import licenses could be extende d upon the request of the importer.  
82. The representative of Moldova confirmed that from the date of accession, Moldova would not 
introduce, re-introduce or ap ply other non-tariff measures such as licensing, quotas, prohibitions, bans 
and other restrictions having equiva lent effect that could not be justified under the provisions of the 
WTO Agreements. If balance-of-payment measures were ever necessary in the future, Moldova  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 43 
 
 
 would impose them in a manner consistent with th e relevant WTO provisions, including Article XII 
of the GATT 1994 and the Understanding on Bala nce-of-Payments Provisions of the GATT 1994. 
The Working Party took no te of these commitments.  
- Customs valuation 
83. Some members of the Working Party noted that Governmental Decision No. 99 of 
27 February 1996 “On Customs Valuation” did not implement the WTO Customs Valuation 
Agreement and, in many cases, was in conflict w ith the Agreement. The regulations set forth in 
Decision No. 99 concerning the methods of valuation would need to be modified to conform to the 
Agreement, or revoked. Specific questions were raised w ith regard to Articles 1, 5, 6, 7, 8, 9, 11, 12, 
15 and 16, the Interpretative Notes, the Decision on the Treatment of Interest Charges and the 
Valuation of Carrier Media Bearing Software etc. The representative of Moldova stated that the 
Law on Customs Tariff of 20 November 1997 supersed ed Government Decision Nr.99. However, 
changes in that Law were required to ensure full conformity with the WTO Customs Valuation 
Agreement. 
87.  The representative of Moldova confirmed that Moldova intended to bring its customs valuation 
regime into conformity with WTO requirem ents prior to the date of accession. The Law on Customs 
Tarif f had been enacted on 20 November 1997. This Law consists of two major parts: customs 
valuation and rules of origin. The issue had b een addressed to meet the WTO requirements on these 
subjects in Moldovan legislation and to implement the respective WTO Agr eements.  
84. Some members of the Working Party posed many questions related to the apparent lack of 
conformity of the Draft amendments to the Law on  the Customs Tariff with the requirements of the 
WTO Agreement on Customs Valuation. The represen tative of Moldova noted that most of the 
inconsistencies identified by members of the Worki ng Party had been remedied in the final draft of 
the legislation. However, certain problems remain ed and would be remedied by a draft governmental 
decision introducing the provisio ns of the relevant Notes from the WTO Valuation Agreement had 
been presented to the relevant institutions for comments both . The Draft :Law is expected to be 
approved by the Government and the Parliament by the end of July 2000.   
85. Some members of the Working Party asked  whether the Customs Law satisfied the 
requirements of Article 11 of the WTO Valuation Agreement. In response, the representative of 
Moldova stated that final version of the Article 7 (Rights and responsibilities of declarant) of the 
enacted Law provided importers with the right of appeal according to the procedures established by 
the Code of Civil Procedure, which stipulated in Chapter II the procedure to be followed while WT/ACC/SPEC/MOL/4/Rev.3 
Page 44  
 
 lodging a complaint in the economic courts and or dinary appeal procedure in its Chapter III. In 
addition, the Customs Code in its Chapter 16, Article  96 gave to the importer the initial right of appeal 
to an authority within the customs administration or to an independent body. A draft of the law 
amending the Law on Customs Tariff in its Article 1 (2) and (3) introduced language for the right of 
appeal without penalty. In addition a new draft of the Customs Code was in the final stage of coordination. It would also provide for the ri ght of appeal according to the WTO Valuation 
Agreement. He further added that Moldova would provide a copy of the finalized new draft once it 
was ready. 
86. In response to questions from members of th e Working Party, the representative of Moldova 
noted that Article 10 of the Law on Customs Tariffs  (Methods of determination of the customs value 
of the goods) provided for the sequential application of valuation methods and stipulated that the 
deductive and computed value methods could be a pplied in reverse order at the request of the 
importer. In the inter
ests of further improving the legislation, Moldova had taken the step of preparing 
a draft Governmental Decision "On Regulation on A pplication of Provisions of the Law on Customs 
Tariff", reiterating the provisions of General Notes, Sequential Application of Valuation Methods in 
Annex I of the WTO Valuation Agreement. He fu rther added that Moldova would also inform 
members of the Working Party whether it would take  a reservation under Article 4 as set forth in 
Paragraph 3 in Annex III of the WTO Valuation A greement.  
87. Some members inquired whether Moldova applied minimum pricing or reference pricing. In 
response, the representative of Moldova stat ed that by Governmental Decision No. 1092 of 
29 October 1998 had introduced reference prices. Th e representative of Moldova confirmed that upon 
accession to WTO the import reference prices and other minimum import valuation schemes would be eliminated. Thus, the Governmental Decision No. 1092 of 29 October 1997 “On the obligatory control of customs valuation for some imports goods” was valid until 31 December 1999. The 
representative of Moldova confirmed that Decisi on no. 1092 expired on 1 January 2000 and that 
there were presently no legal requirements related to reference prices.  After accession Moldova 
assumed the obligation to respect all WTO provisions in this respect.  
88. At a later stage and in responses to the above  questions, in document WT/ACC/MOL/14 the 
representative of Moldova provided detailed informa tion cross-referencing the provisions of the 
Customs Valuation Agreement with the Articles of the Customs Tariff Law.  
89. The representative of Moldova confirmed that, from the date of accession, Moldova would 
apply fully the WTO provisions concerning customs va luation, including in addition to the Agreement 
on the Implementation of Article VII of the GATT 1994 , the provisions on the Treatment of Interest  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 45 
 
 
 Charges in Customs Value of Imported Goods a nd for the Valuation of Carrier Media Bearing 
Software for Data Processing Equipment. In accord ance with these latter provisions, only the cost of 
the carrier medium itself would be accounted for in the customs value. He added that, as an 
international agreement, the provisions of the WT O Agreement on the Implem entation of Article VII 
of the GATT 1994 would supersede domestic law af ter accession. The Working Party took note of 
these commitments. 
- Rules of origin 
90. Some members of the Working Party asked for confirmation that Moldova would adopt legal 
provisions for rules of origin that conform fully to  the requirements of the WT O Agreement on Rules of 
Origin. The representative of Moldova stated th at the Customs Tariff Law of November 1997 
established Moldova's rules of origin. 
91. In response to questions the representative of Mo ldova said that rules of origin were required 
only for goods imported from countries covere d by a preferential trade agreement and from 
least-developed countries. The rules of origin und er the Free Trade Agreements signed with CIS 
countries and Romania, as well as under preferences in the framework of the GSP, were included in 
respective agreements. A valid, official certificate of  origin constituted the proof. He further added that 
the country of origin was ascertaine d by verifying whether the certific ate of origin which was submitted 
coincided with the merchandise to be imported. 
92. The representative of Moldova confirmed that Moldova would adopt legal provisions for rules 
of origin that comply fully with the require ments of the WTO Agreement on Rules of Origin. 
93. The representative of Moldova confirmed th at from the date of accession Moldova’s 
preferential and non-preferential rules of origin would comply fully with the WTO Agreement on 
Rules of Origin, and that the requirements of Ar ticle 2(h) and Annex II, paragraph 3(d) of the 
Agreement, which require provision upon request of an assessment of the origin of the import and 
outline the terms under which it will be provided, wo uld be established in Mo ldova's legal framework 
prior to accession. The Working Party took note of this commitment. 
- Pre-shipment inspection 
94. In response to questions from some members of the Working Party, the representative of 
Moldova said that, in order to implement provisi ons of the Law on Customs Tariff No 1380 – XIII of 
20 November 1997 (Monitorul Oficial, 1998, No 40-41) , and to improve the mechanism for customs 
valuation of goods, statistics, quality and conformity verifica tion of the imported goods, the WT/ACC/SPEC/MOL/4/Rev.3 
Page 46  
 
 Government of the Republic of Moldova appr oved the Decision No.747 of 3 August 1999 “On 
introduction of the pre-shipment inspection for impo rted goods”. This Decision was applied to all pre-
shipment inspection activities carried out on the terr itory of the Republic of Moldova contracted or 
mandated by the government or any government body. The Republic of Moldova would ensure that pre-shipment inspection activities were carried out  in a non-discriminatory manner, and that the 
procedures and criteria employed in the conduct of  these activities were objective and applied on an 
equal basis to all importers affected by such activities.  
95. The representative of Moldova confirmed that in utilising pre-shipment inspection service 
providers, Moldova would ensure that the require ments of the Agreement on Preshipment Inspection 
were implemented in full. Moldova  would take full responsibility to ensure that the enterprises 
operating on its behalf complied with the provi sions of WTO Agreements. Decisions by the 
enterprises could be appealed by importers in the same way as administrative decisions taken by the 
Moldovan Government. Moldova confirmed that its  pre-shipment inspection regime would be 
temporary and would only operate until such time as the Moldovan Customs authorities were able to 
carry out the functions presently performed by pre-shipment inspection service providers. The 
Working Party took note of these commitments. 
- Anti-Dumping, countervailing and safeguards 
96. Some members of the Working Party requested that the Government of Moldova undertook a 
commitment that any anti-dumping, countervailing or safeguards measures would only be taken in 
conformity with the WTO Agreements on Anti-Du mping, Subsidies and Countervailing Measures and 
Safeguards. In response, the representative of Moldova stated that the Government of Moldova was preparing a law on anti-dumping, countervailing and safeguard measures, which would comply with the 
respective WTO regulations . Safeguard measures  were addressed in Articl e 15 of the Law “On Foreign 
Trade Activity" which had been submitted to the Working Party in May 1997.   
97. The representative of Moldova confirmed that  Moldova would not apply any anti-dumping, 
countervailing or safeguard measure until it had no tified and implemented appropriate laws in 
conformity with the provisions of the WTO Agre ements on the Implementation of Article VI, on 
Subsidies and Countervailing Measures, and on Safe guards. In the elaboration of any legislation 
concerning such anti-dumping, countervailing and safeguard measures Moldova would ensure their 
full conformity with the relevant WTO provisions , including Articles VI and XIX of the GATT 1994 
and the Agreements on the Implementation of Article VI, the Agreement on Subsidies and 
Countervailing Measures and the Agreement on Safeguard s. After such legislation was implemented, 
Moldova would also only apply any anti-dumpi ng duties, countervailing duties and safeguard  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 47 
 
 
 measures in full conformity with the relevant WT O provisions. The Working Party took note of these 
commitments.  
- Export Regulation 
- Customs tariffs, fees and charges and internal taxes applied to exports 
98. Some members of the Working Party asked Mol dova to explain the justifications of export 
licensing requirements and the registration of export contracts. They expressed concern that the 
current customs user fee of a 0.25 per cent was in consistent with Article VIII of GATT 1994 and asked 
Moldova to bring its system into line with WTO rules.  
99. The representative of Moldova sa id that there were no export licensing requirements and that 
the registration of export contracts had been abol ished by Government Decision No. 777 of 1997. The 
Gove rnment of Moldova was aware of the GATT 1947 panel decision of 1988 that the use of an ad 
valorem system of customs user fees was inconsis tent with the provisions of Article VIII of the 
GATT  1994 to the extent that it caused fe es to be levied in excess of the approximate costs of the 
services rendered by the customs.  He confirmed that Government Decision No. 716 of 30 June 1998 had 
modified Government De cision No. 777 of 1997 and abolished the licence fee of 0.1 per cent. The 
customs user fee is being repla ced by a flat rate, which represented the approximate cost of the services 
rendered by the Customs Administration.  
- Export restrictions 
100. In response to questions, the representativ e of Moldova said that Moldova no longer 
maintained the temporary export restriction on un bolted wine intended to promote the quality image 
of Moldovan wine. Because the restriction had proved ineffective to achieve this objective it had been 
removed. The representative of Moldova said that if any of these policy instruments were introduced 
in the future, they would be fully consis tent with the relevant WTO provisions.  
- Export licensing 
101. The representative of Moldova informed member s of the Working Party that export licenses 
were required for "goods with a special character" and that, in accordance w ith Government Decision 
No. 777 of 13 August 1997, the list of products was the same as the list of products subject to import 
licensing reproduced in paragraph [79] above. It included weapons, ammunition, military equipment, 
kits to produce such equipment; explosives; nuclear materials, technologies, eq uipment and installations 
to produce such materials; ionic radiation sour ces; drugs, psychotropic effect substances and WT/ACC/SPEC/MOL/4/Rev.3 
Page 48  
 
 preparations, materials to  produce such substances and prepara tions, poisons; lottery-type inventions, 
means and equipment for different types of lottery; slot machines, fortune games; chemical substances 
(including fertilizers and plant-protection substances ) and industrial waste subject to international 
control; medicines, medical applian ces and equipment. The list also included precious metals: gold and 
silver. 
102. In response to questions from some members of the Working Party, the representative of 
Moldova confirmed that the registration requireme nt for export contracts had been abolished by 
Government Decision No. 777 of 13 August 1997 “On Improving the Mechanisms of Regulating 
Foreign Trade”. The export license  fee had been abolished too. 
- Export subsidies 
103. In response to requests for information, the representative of Moldova said that Moldova did 
not maintain export subsidies, special promotion or financing policies. If Moldova decided to 
introduce such measures in the future, it would be fu lly consistent with the relevant WTO provisions. 
104. The representative of Moldova stated that from the date of accession Moldova would not 
maintain any subsidies, includi ng export subsidies, which met a definition of a prohibited subsidy 
within the meaning of Article 3 of the Agreem ent on Subsidies and Countervailing Measures, and 
would not introduce such prohibited subsidies fro m the day of accession. The Working Party took 
note of this commitment. 
- Internal Policies Affecting Trade in Goods - Industrial policy, including subsidies 
105. In response to requests for information, the representative of Mol dova stated that the 
Government had a general policy to create a br oad-based market economy and to privatize all 
government-owned commercial enterp rises and assets. The Government also had a general policy to 
attract foreign investment into the country and to involve, as far as possib le, foreign investors and 
technology in all sectors of the economy for the purpo se of furthering the creation of a market economy 
and the privatization of government-owned commercial enterprises and assets. In dustry continued to be 
an important element in the development of the nati onal economy and, as part of its economic policy 
Moldova had identified priority development sectors. Tax incentives and relief were granted to sectors 
such as energy, transport, road building and tele communications in the form of priority loans and 
technical assistance provi ded by international organizations or bilateral co-operati on programmes. No  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 49 
 
 
 subsidies were granted to dome stic industrial production. In the year 2000, Moldova accords the 
following tax exemptions: 
(i)  Exemptions from payment of the income tax to the budget applied to: 
a) medical labour shops administrated by th e psychiatric hospitals of the Ministry 
of Health in which disabled labour is used; 
b) Republican Experimental Center for Prosthetic Appliances, Orthopedic, and 
Rehabilitation of the Ministry of Labour, Social Protection, and Family; 
c) enterprises of the Society of Blind People, Society of Deaf People, Society of 
Invalids; 
d) enterprises of penitentiary institutions;  
e) territorial cadastre authorities – with resp ect to the part of income calculated 
and aimed at establishment and operation of the Guarantee Fund instituted by 
the National Cadastre Agency, Financial Resources and Geodesy, as well as with 
respect to the part calculated and aimed at accumulation of funds to cover expenditures for service and repayment of the foreign loan granted to implement the First Cadatre Project; 
f) income resulting from of interest on state securities issued in 2000 irrespective of 
the term of their redemption; 
 (ii)  income tax exemption applied to: 
a) military men, members of the command body , of the penitentiary system, troops 
of the internal affairs bodies and of  the Fire and Rescue Service of the 
Department for Civil Protection and Em ergencies - on incomes received from 
these jobs. Personal exemption canno t be transferred to spouses;  
b) individuals, on material assistance received from the reserves of the Government 
and local public administration authorities, and labour unions funds in 
conformity with provisions on such assistance; 
c) sportsmen and coaches, on financial ai d provided by the International Olympic 
Committee as well as on bonuses received in international sport competitions ; 
d) National Olympic Committee and national sports federations – on financial 
assistance granted by the Internationa l Olympic Committee, European Sports 
federations and other international sports organizations; 
e) “Apa-Canal-Chisinau”  - on income inte nded for and transferred to the special 
fund for interest payment and repayment of the loan obtained from the 
European Bank for Reconstruction and Development.  
 
(iii)  from land tax: 
a) institutions funded from budgets of all levels, except for land plots used for 
business activity or leased; 
b) enterprises of the Society of Blind People, Society of Deaf People, and the Society 
of Invalids.  WT/ACC/SPEC/MOL/4/Rev.3 
Page 50  
 
 c) enterprises of penitentiary institutions; 
d)  the Republican Stadium and the Athletic Manege from Chisinau 
e) for land plots under dwellings, for land plots adjacent to dwellings, within the 
established limits when those land plots are owned by:  
- Individuals aged 61 for males and 56 for females, invalids of the I and II 
categories, infant invalids, other i ndividuals unfit for work, invalids of 
III category (participants in military actions for the defense of territorial integrity and independence of the Re public of Moldova, participants in 
military actions in Afghanistan, participants in liquidation of Chernobyl’s catastrophe aftermath). The above-mentioned categories of 
individuals (except invalids of the I and II categories and infant invalids) 
are tax exempt on the condition that they do not reside with family members able for work. For the purpo se of granting this tax privilege, 
the category “other individuals unfit for work” includes children up to 16 years of age inclusive, individuals on compulsory  military service, 
pupils and students of educational institution (full time) with the 
duration of studies over one year; 
 
- Families and dependants of participan ts deceased in the military actions 
for the defense of territorial integrity and independence of the Republic of Moldova; 
 
- Families and dependants of participan ts deceased in the military actions 
in Afghanistan; 
 - Families and dependants of individuals who died as a consequence of 
diseases caused by their participation in the liquidation of Chernobyl’s 
catastrophe aftermath; 
 - Families with invalid children  under 18 years;  - Individuals that suffered from earth slides. The respective decision is 
adopted by the local council.  
 
This year also remain in force other legislat ive acts granting allowances and privileges 
on land tax to individuals. In cases where the individual is subject to a number of fiscal 
privileges, he/she is granted only one of them, the most beneficial.  
 
(iv)  from real estate tax:  
a) institutions financed from public budgets of any level; 
b) organizations and enterprises of the Society of Blind People, Society of Deaf 
People and Society of Invalids; 
c) the Experimental Republican Center for Prosthesis, Orthopedy and 
Rehabilitation of the Ministry of Labor, Social Protection and Family 
d) enterprises of the penitentiary institutions; 
e) civil protection entities; 
f) diplomatic missions for real estate put at their disposal on a reciprocal basis, 
with no rental payment; 
g) religious organizations for real estat e designated for religious services;  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 51 
 
 
 h) within the limit of real estate value of up to lei 30 thousand for permanent 
dwellings inhabited by: 
 
- Individuals aged 61 for males and 56 for females, invalids of the I and II 
categories, infant invalids, other i ndividuals unfit for work, invalids of 
III category (participants in military actions for the defense of territorial 
integrity and independence of the Re public of Moldova, participants in 
military actions in Afghanistan, participants in liquidation of Chernobyl’s catastrophe aftermath). The above-mentioned categories of individuals (except invalids of the I and II categories and infant invalids) 
are tax exempt on the condition that they do not reside with family 
members able for work. For the purpo se of granting this tax privilege, 
the category “other individuals unfit for work” includes children up to 16 years of age inclusive, individuals on compulsory  military service, pupils and students of educational institution (full time) with the 
duration of studies over one year; 
 
- Families and dependants of participan ts deceased in the military actions 
for the defense of territorial integrity and independence of the Republic of Moldova; 
 
- Families and dependants of participan ts deceased in the military actions 
in Afghanistan; 
 - Families and dependants of individuals who died as a consequence of 
diseases caused by their participation in the liquidation of Chernobyl’s 
catastrophe aftermath; 
 - Families with invalid children under 18 years;  - Individuals that suffered from earth slides. The respective decision is 
adopted by the local council.  
 
In case the above-mentioned categories have at their disposal real estate, the value of which exceeds Lei 30 thousand, real estate tax should be imposed on the difference between the real estate value and Lei 30 thousand.  
 
(v)  from water fees: 
 
a) underground water extracted concomit antly with ore or extracted for 
preventing its damaging effects; 
b) water used for anti-fire purposes; c) water used by the enterprises of the Society of Blind People, Society of Deaf 
People and Society of Invalids; 
d) water collected by the populatio n from surface and underground sources 
(springs) for drinking water and household needs; 
 (vi) from value added tax, customs duty and f ee for customs procedures – goods and services 
imported or purchased on the territory of the Republic of Moldova on account of loans 
and grants offered to the Government of the Republic of Moldova or offered under state 
guarantee, on account of loans granted by international financial organizations (including on account of the share of the Government of the Republic of Moldova) WT/ACC/SPEC/MOL/4/Rev.3 
Page 52  
 
 designated for fulfilment of respective project s, according to the list approved by the 
Government; 
 (vii) from value added tax and customs duty – impo rt and sale on the domestic market of 
vehicles (cars); 
 
(viii) from value added tax and customs duty – import  and sale on the domestic market of  
filter cigarettes. After six months after publication of this law, the value added tax on the above-mention products should be imposed according to general principles; 
 
(ix) from value added tax and customs duty –import and sale on the domestic market of 
potatoes seeds of first reproduction; 
 (x) till 1 of July 2000, from value added tax and customs duties for equipment and other 
goods imported for production purposes by the “Redeco” Ltd, USA Company for 
exploration of natural resources according to  the terms of the concession Agreement on 
prospecting and exploratio n of oil and gas resources; 
 (xi) from value added tax and customs duties for import of equipment and supplies received 
as donation from the International Olympic Committee for training of the national team for participation at the Olympic Games in  Sydney – the National Olympic Committee; 
 
(xii) from customs duties for import of goods included in the statutory capital, received as 
donation from the Council of Europe – th e Information and Documentation Center of 
the Council of Europe in the Republic of Moldova; 
 
(xiii) from value added tax on produced goods and provided services, as well as from fee for 
use of mineral resources – enterprises of penitentiary institutions; 
 (xiv) from transfer to the budget of the income t ax, value added tax and fee for extraction of 
inert construction materials – the joint stock company “Chisinau Mine”, on condition that it utilizes these amounts for prevention measures against flooding of mining 
excavations; 
 (xv) from transfer to the budget of value a dded tax, calculated on delivered goods and 
provided services – organizations and enterprises of the Society of Blind People, Society of Deaf People and Society of Invalids; 
 
(xvi) from transfer to the budget of up to 50% of  the calculated value added tax amount – 
economic agents carrying out the restruct uring process through the Council of 
Creditors, on condition of further utilizat ion of the respective amount for covering 
additional expenditures related to restructurin g and fulfilment of measures envisaged in 
the memorandum-agreement; 
(xvii)  from transfer to the budget of value added t ax – proceeds from sale of capital assets and 
other material goods of economic agents, on which the economic court has initiated a bankruptcy case (liquidation procedure) a ccording to the Law N 786-XIII as of March 
26, 1996, “On bankruptcy”, on condition that respective funds be used for covering debt to creditors; 
 
(xviii)  from transfer to budget of taxes and fees (exc ept for income tax, customs duties, fee for 
customs procedures, value added tax and excises on import) -–enterprises of the State Forestry Service, on condition that respect ive funds be used for regeneration and  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 53 
 
 
 protection of forests. The results of these transa ctions should be reflected in the report 
on cash execution of the state budget, based on the monthly reports submitted by the State Forestry Service;  
 (xix) from payment of the fee for registration of st ate securities to the National Committee for 
Movable Assets – the Ministry of Finance; 
 
110. In response to requests for more informatio n, the representative of Moldova added that the 
Government of Moldova facilitated the adjustment process throu gh the following tax -related measures 
which were awarded on a case -by-case basis: rescheduling tax arrears for companies in restructuring; 
forgiving penalties for late payment of taxes; rescheduling social insurance contributions; forgiving 
penalties for l ate payment of social insurance contributions; write -off tax liabilities of former State 
companies in the framework of liquidations and break -ups; VAT credit for expe nditures related to the 
restructuring process agreed between the company and the creditors  represented in the State Creditors 
Council up to specified limits. In 1995 , the Government had allocated MDL  180,000 to support the 
introduction of new technologies. In  1996, there were no allocations.  
106. In response to questions from members of the Working Party concerning the mechanisms and 
policies used to enable the development programm es for the agricultural sector, the representative of 
Moldova stated that the development of the agricu ltural sector was supported by the Government with 
the following measures:  
− privatization of land and of State-owned agricultural enterprises, e.g., state farms;  
− restructuring of privatized farms suppor ted by international aid agencies and 
establishment of an Agency for Assistance to Farms in Restructuring (ARA);  
− support to agricultural research in the framewor k of a major loan of an international aid 
agency; 
− improving the availability of credit at market rates to small farmers and preparation of a 
credit line for the agriculture sector as a whole which would be financed by an international aid agency;  
− financial support programmes;  
− improving the legislative framework. Mo ldova was redrafting the Law on the 
Normative Price of Land and was preparing a Law on the Sale of Land. Although the 
necessary legislation to regulate the tradi ng of land was not yet in place, efficient 
allocation of land and agricultural machinery was facilitated through leasing and renting 
arrangements. WT/ACC/SPEC/MOL/4/Rev.3 
Page 54  
 
 107. Some members of the Working Party asked for information on Government aid to investment 
projects. In response, the representative of Moldova st ated that Government aid to investment projects 
launched by the private sector was granted in the framework of: (i) concessions, in accordance with 
Article 46, Law “On Foreign Investment”; (ii) free enterprise zones, in accordance with Article 46 of that Law and the provisions governing such zones; (i ii) agreements with the BERD, including technical 
assistance and exemptions from VAT. The following investment projects launched by the private sector 
had received Government aid: RE DECO according to the terms of the concessional agreement on 
prospecting and exploita tion of oil and gas (Article 26, 1999 Budget Law); modernization of 
Thermocomenergo carried out by ROCARO. He stat ed that the Government  support measures for 
concessions were negot iated on an individual basis. They were not part of a Government investment 
support program. There were no administrative proced ures for applying and receiving this governmental 
assistance.  
108. The representative of Moldova stated that  any subsidy programmes provided by its 
Government after accession would be administered  in conformity with the Agreement on Subsidies 
and Countervailing Measures and that all necessary information on notifiable programmes would be 
notified to the Committee on Subsidies and Counterva iling Measures according to Article 25 of the 
Agreement upon entry into force of Moldova's Protoc ol of Accession. The Working Party took note of 
those commitments.  
- Technical Barriers to Trade 
109. Some members of the Working Party asked Mo ldova to submit information of the measures 
being taken to meet the requirements of the TBT Agreement. Steps undertaken to ensure fulfillment 
of the TBT Agreement requirements included the analysis of nonconformity and the adoption of 
measures for its removal, pursuing a technical policy directed to applying of international standards 
(or their projects) while national standards are el aborated. The elaboration of national standards is
 was 
carried out by technical committees on standardizati on that consisted of specialists from interested 
parties. Moreover, newly developed standards are being harmonized with relevant international or 
European standards. All standards is were revised every five years.  
110. The representative of Moldova added that at pr esent there were in fo rce normative documents 
on standardization for the following pro ducts or product groups in Moldova:  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 55 
 
 
 Table 13 
The normative acts of standardization relating to Different Products/Product Areas  
Normative documents on standardization Products/Product Groups 
Medico-biological requirements to ensure that food products are safe 
and meet minimum nutritional value requirements, issued by the 
Ministry of Health Food products  
Safety requirements as part of product standards Broad range of non-food products 
Norms and rules in construction  Construction and building activity 
Norms and rules on labour safety Se rvices provided at the work place 
Environmental protection norms, including radiation safety General 
 
From 20,000 regional standards GOST, available on the territory of the Republic of Moldova, 
Moldova really applied approximately 8,000 standa rds, and approximately only 2,000 standards are 
mandatory. The amendments to the Law on Standard ization and draft Law on TBT stipulated that 
from 1 January 2002 the application of national standards would become voluntary. The application 
of a national standard will remain mandatory onl y if a reference in a Technical Regulation is 
provided. An authorized public authority may adopt a technical regulation, only in accordance with legitimate objectives listed by TBT Agreement. By 1 January 2002 the authorities of the Republic of 
Moldova will develop and make known the technical  regulations, derived from the present mandatory 
standards. 
111. The representative of Moldova confirmed that Moldova would introduce voluntary standards to 
prepare for its accession to the WTO. Against a background of a di fficult economic situation, the 
absence of other obligatory technical requirements,  Moldova considered mand atory standards the only 
practical way to keep out poor quality or danger ous products. The newly de veloped standards were 
being harmonized with ISO standards and the existing standards would be harmonized over time 
through a process of periodic revisions. The follow ing publications contained information on technical 
regulations, standard s and procedures: 
- "Buletinul Standartisarii” ( published in Moldova every three
 two months in Romanian 
and Russian languages); 
- "Monitorul Oficial” (published in Moldova monthly); - "Buletinul Standardizarii” (published in Romanian monthly in Romanian language); 
- “Informationnii Ucazateli St andartov” (published in Russ ian federation monthly in 
Russian language). WT/ACC/SPEC/MOL/4/Rev.3 
Page 56  
 
 112. Some members of the Working Party request ed information concerning certification 
procedures. In response, the representative of Mold ova stated that product and service certification in 
the Republic of Moldova was carried out in the fra mework of the National Certification System, on 
the base of the Law on Certification, Law on Co nsumer Protection Rights of the Republic of 
Moldova, Law on Standardization, Decision of the Government of the Republic of Moldova No. 414 
of 13 June 1994, No. 696 of 9  October 1995 “On product certification in the Republic of Moldova” , in 
concordance with ISO, ISO/CEI Guides, normati ve documents of National Standardization and 
Certification Systems, harmonized with those enumer ated. In conformity with General Procedure PG-
01-05-92 mandatory and voluntary certification is  carried out in the Republic of Moldova. 
Certification had mandatory character only for pro ducts or services, which can affect life, health, 
consumer’s property and environment. These products or services were introduced in the 
Nomenclature of products and services subject to mandatory certification, approved by the 
Government of the Republic of Moldova  Department of Standards,  Metrology and Technical 
Supervision. The certification procedures for specifi c classes of products were spelled out by the each 
accredited body and approved by the Department of  Standards, Metrology and Technical Supervision 
in conformity with the Moldovan Standard SM 45- 2 “National Certification System of the Republic 
of Moldova Product certification”. On 3 February 2000 a new Law on Certification came into 
force. 
113. The representative of Moldova said those certification procedures, testing methods and 
certification activities are the same  for domestic and imported produc ts, independent of the product’s 
origin and property form of the applicant. Free access to all normative documents on standardization 
and certification procedures was guaranteed for all applicants of certification from Republic of Moldova and other countries. Single form certificates , defended with special signs were issued in 
National Certification System of the Republic of Moldova. Moldova recognized certificates of 
conformity, issued by national
 certification bodies with which bila teral or multilateral agreements of 
recognition were signed.  
114. The representative of Moldova said that currently , the certification regime in the Republic of 
Moldova was carried out by 22 certification bodies and 71 testing laboratories, accredited within 
National Certification System of the Republic of Moldova by Accreditation Centers in conformity 
with provisions of EN 45000 Standard. The No menclature of products-subject to mandatory 
certification include: foodstuffs; electronics; produ cts and technologies with high level of danger; 
goods for children; cosmetics products; constructi on materials; machines and equipment;  and 
furniture. The services subject to mandatory certification included hotels, dry cleaning, motor-repair, 
audio and video repair, household elect rical appliances repair services.  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 57 
 
 
 115. He further added that through their participa tion in the technical committees, domestic 
producers were being made aware of the contents of drafts on standards. Besides the national standards 
Moldova applied international st andards (ISO, IEC), regional st andards (GOST, EN), Romanian 
standards (STAS, SR). Moldova re spects International Conventions requirements regulating the safety 
of chemical, toxic, inflammable, explosive and othe r substances. In Moldova, there were no specific 
regulations or requirement s covering electrical safety, telecomm unications equipment, medical devices 
and other classes of equipment. Product certification in the Republic of Moldova is carried out according 
to the provisions of the TBT Agreement regarding the assessment of conformi ty. Moldova did not apply 
specific certificate classes, excluding hygienic certificates introduced by the Ministry of Health, as component part of certificates of conformity. Th e requirements related to hygienic certificates are 
specified in the technical regulations of the Ministry of Health. The State Inspections for Consumers' 
Rights Protection and products quality control perfo rms quality control during the production process, 
storing and commercializati on. Domestic products were  subject to the same standards as foreign goods.  
116. In response to additional questions concerning ce rtification procedures, the representative of 
Moldova said that only certificates from certifica tion bodies in the CIS countries and Romania are 
recognized currently in Moldova. Recognition by certif ication bodies of Moldova of the certificates 
issued in CIS countries and Roma nia are based under the bilatera l agreements signed with these 
countries. Moldova is ready to st art negotiation with other countrie s for recognition of certification 
procedures and conformity certificates. The representative of Moldova said that Article 4.4 of the Law 
on Standardization of 22 Septembe r 1995 expressly provided that Mol dovan standards had to be based 
on modern scientific research, t echniques and technology, on internat ional and regional standards and on 
advanced standards of other countri es. Also Article 18 of the Law stip ulated as the main objective of 
international co-operation between Moldova and ot her countries was the ha rmonization of national 
standards with international and regional standard s and with advanced national standards of other 
countries. 
117. In response to requests for information concer ning the compatibility of the draft legislation 
with the requirements of the WTO Agreement on T echnical Barriers to Trade, the representative of 
Moldova provided the concerned
 requested information in the document WT/ACC/MOL/16 and 19. 
The measures and the timefra me for taken by Moldova in order to bring national legislation into 
conformity with WTO provisions are described below:  Remaining measures to be taken by Moldova 
to bring legislation into conformity with WTO pr ovisions, and their timeframe, are described below.  WT/ACC/SPEC/MOL/4/Rev.3 
Page 58  
 
 Table 14 
 
Timeframe for bringing national legislation into conformity with WTO provisions
 
 
Measure Description of measures Implementation period 
Adoption of Draft law 
amending the law on 
standardization Provides rules for publication of the program for 
developing standards; 
Provides for the consid eration of appropriate 
international standards, guidelines and recommendations 
as a basis for technical re gulations and conformity 
assessment procedures. July, 2000 
Adoption of Draft law 
on certification  provides for development and application conformity 
assessment procedures;  
provides for the accep tance of the results of conformity 
assessment procedures conducted by bodies in a n 
exporting Member country in case that Moldova signed 
bilateral agreement on mutual recognition or in case of 
accession to specialized regional or international 
organizations;  
provides for non -discrimination with respect to the 
treatment of products and c ost-based fee structure.  [Delete item.] The law 
was adopted. 
Adoption of Draft law on TBT Provides for compliance with the provisions of the Code 
of Good Practice for development and application of 
technical regulations, standards and conformity 
assessment procedures; stipulates the avoidance of  unnecessary obstacles to 
international trade and the consideration of less trade 
restrictive alternatives to fulfilling legitimate objectives; provides for implementation and administration of the 
TBT Agreement; 
provides for identification of the authority responsible for making notifications to WTO under TBT Agreement; 
Provides for a reasonable period of time between the 
final publication of technical regulations and their entry into force so that supplier can adapt. June, 2000 
Adoption of the new 
Law on Protection of 
Consumers' Rights insures the right of each consumer to instruction 
regarding his rights; 
to be assured that goods purchased do not present a danger to his life and health or to the environment; 
to secure compensation for quality-defective products 
and to compensation for any damages to his life and health resulting from such products. December 2000 
Setting up and fully 
operation of the inquiry 
point to be able to answer enqu iries from WTO Members and 
interested parties as well as to provide the relevant 
documents regarding: technical regulations, standards and conformity assessment procedure; 
is responsible for legal or administrative reasons for 
notification procedures required by the WTO Agreement. July, 2000  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 59 
 
 
 Measure Description of measures Implementation period 
Accepting and 
Implementation of Code of Good Practice Implementation of the terms and definitions for the 
purpose of TBT Agreement; to ensure the ongoing compliance with provisions of the 
agreement concerning: 
Non-discrimination with respect to the treatment of products; 
the prohibition of unn ecessary obstacles to international 
trade; the consideration of appropri ate international standards, 
guides and recommendations as a basis for a standards; 
non-discriminatory and cost -based fee structure. January, 2001 
Implementation of the 
Plan on development of 
voluntary standards Provides for transformation from the mandatory 
standards into the Technical Regulation and Voluntary 
Standards, based on review that they are appropriate to 
achieve the desired legitimate objective; development of legal documents for covering the 
regulated area.  2000-2002 
Schedule of recognition 
of conformity assessment procedures   Schedule provides for intention of Moldova to sign 
bilateral agreements on mutual recognition or acceptation of the results of conformity assessment 
procedures.  During 2000 
 
118. In response to questions from members of the Working Party the representative of Moldova 
noted that an inquiry point had been created wi thin the National Center for Standardization and 
Certification. The address was: 
28, Coca street, Chisinau  
Republic of Moldova Tel: (373-2) 75-09-81 
Fax: (373-2) 75-05-81 
E-mail: Moldovastandard@standart.mldnet.com Director: Mr. Lupascu Vasile 
119. The representative of Moldova confirmed that Moldova would implement the WTO 
Agreement on Technical Barriers to Trade from the date of accession and
 in accordance with the 
Schedule contained in Table no.14 and wit hout recourse to any transition period.  
- Sanitary and phytosanitary measures 
120. Some members of the Working Party requested detailed information concerning agricultural 
products, in particular how Moldovan standards and regulations compared with those of the Codex 
Alimentarius (Codex), Organization of International Epizootics, and the European Plant Protection 
Organization. In response, the repr esentative of Moldova said that Moldovan standards and regulations 
fully complied with the regulations of the Codex Alimentarius. Moldova was a member of the WT/ACC/SPEC/MOL/4/Rev.3 
Page 60  
 
 Organization of International Epizootics and was us ing its regulations. Moldova was not a member of 
the European Plant Protection Organization. 
121. In response to requests for info rmation, the representative of Moldova said that the following 
products required a hygienic certif icate from the State Sanitary-Epidemi ological Service: raw materials, 
machines and equipment the use of which may constit ute a source of danger for human health; goods for 
children; materials and equipment used in drinking water systems; cosmetics and perfume; soap and 
detergents; textiles. The certif icate for domestic goods was issu ed on the basis of relevant 
documentation, including the results of hygienic test s. For foreign products, the certificate was issued 
based on a safety certif icate of the exporting country an d additional tests in Moldova.  
122. Concerning the veterinary inspection and quaran tine requirements that applied to livestock, 
animal products, fish, veterinary drugs and animal feed, the representative of Moldova said that the 
Moldovan Law on Veterinary Activity obliged holders of livestock to: (i) respect the veterinary, sanitary 
and zoo-hygienic rules regarding the maintenance, f eeding reproduction and explo itation of animals; (ii) 
take the necessary actions to prevent infectious dise ases and, to eradicate sources of infections and 
prevent their spreading; (iii) ensure systematic medical examination of pe rsonnel and prohibiting the 
employment of sick persons; (iv) notify without delay the veterinary authorities about the existence or 
suspicion of existence of a disease which could re quire the imposition of qua rantine measures, isolate 
the sick or dead animals, and prevent the use or sa le of their meat; (v) notify within 24 hours the local 
veterinary authorities of the acquisition of anim als from other areas of the country and keep these 
animals separate from the existing stock; (vi) provide to the veterinary authorities access to the animals 
for inspection purposes; (vii) sell animals, products a nd meat only with the authorization of the local 
veterinary service; (viii) keep the facilities (stables, pastures, wa ter supply) in clean condition, in 
accordance with veterinary regulations. The impor tation into Moldova of livestock for breeding was 
only permitted if: (i) no infectious diseases had occurred, in conform ity with the requirements of the 
Republic of Moldova; (ii) an insp ection had been carried out in the country of exportation by a 
recognized agency, at least 30 days prior to importatio n; (iii) the livestock to be imported into Moldova 
did not have any disease; (iv) and the radioactivity of the livestock did not exceed 360 bk/kg. He further 
added that the importation into Moldova of livestoc k for slaughtering was only permitted if: (i) no 
dangerous infectious diseases had oc curred during the last 30 days prio r to importation in the country of 
exportation; (ii) it was in good condition; (iii) and th e radioactivity of the livestock did not exceed 360 
bk/kg. The conditions for the importation of fish an d seafood products were de termined on a case by 
case basis. No specific requireme nts existed for the importation of veterinary drugs and animal feed.  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 61 
 
 
 123. The representative of Moldova pr esented the following table, co ntaining an overview of the 
regulations, the goods concerned and the competent authority: 
Table 15 
Overview of Sanitary and Phytosani tary regulations, goods concerned  
and the competent authorities  
Rules Goods/Objects Competent Authority Certificate 
Issued 
Medico-Biological Requirements 
No.5061-89 
Food safety requirements 
(harmonized with the 
Codex Alimentarius) food products State Sanitary-Epidemiological 
Service (Ministry of Health) Hygiene 
Certificate 
Sanitary requirements as part of product standards 
 raw-materials, machines and 
equipment the use of which may constitute a source of danger for 
human health; 
goods for children; 
materials and equipment used in 
drinking water systems; cosmetics and perfume; 
soap and detergents; 
- textiles State Sanitary-Epidemiological 
Service (Ministry of Health) Hygiene 
Certificate 
Phytosanitary requirements (harmonized with the  
European Plant 
Protection 
Organization) products, materials or objects which 
could contribute directly or indirectly to the spreading of pest, 
diseases or objects under 
phytosanitary quarantine Chief State Inspectorate for the 
Phytosanitary Quarantine (Ministry of Agriculture) Import Permit, 
Phytosanitary Certificate (for 
export) 
Veterinary requirements  
(harmonized with International 
Epizootics 
Organization) live animals of all kinds; 
meat and meat products; 
milk and milk products; poultry, eggs and egg products; 
fish and sea-food-products and raw 
materials of animal origin; products of animal origin for animal 
feeding; 
- goods for veterinary use. State Veterinary Inspectorate 
(Ministry of Agriculture) 
 Sanitary Avis, 
Authorization, 
Veterinary Health 
Certificate 
Veterinary 
requirements  
(harmonized with 
International Epizootics 
Organization) live animals of all kinds; 
meat and meat products; 
milk and milk products; 
poultry, eggs and egg products; fish and sea-food-products and raw 
materials of animal origin; 
products of animal origin for animal feeding; 
- goods for veterinary use. State Veterinary Inspectorate 
(Ministry of Agriculture) 
 Sanitary Avis, 
Authorization, 
Veterinary 
Health Certificate WT/ACC/SPEC/MOL/4/Rev.3 
Page 62  
 
 Notes : 
The competent authority prep ared the relevant technical requirements jointly with Moldovastandard. Testing and 
certification for SPS purposes was the comp etence of the body indi cated in Column 3. For testing, these bodies 
could engage the services of accredited State laboratories. 
For product standards, which were composed of SPS and other non-SPS components, Moldovastandard on the 
basis of the hygiene certificate (for the SPS components)  and additional testing (for the non-SPS components) did 
certification for conformity with the relevant  product standard (conformity certificate). 
Hygiene Certificate of the State Sanitary-Epidemiological Service: Domestic producers were issued a hygiene 
certificate with a validity of up to three years on condition that their production method did not change. Importers 
received a certificate valid only for th e shipment concerned. Imported goods we re inspected at the customs office 
of the district where the importer was registered. Importers of perishable goods could conclude an agreement by 
which the foreign production site was issued with a hygiene certificate of up to three years’ validity and the goods 
were stamped with a special stamp indicating that the goods had been  produced according to Moldovan SPS 
requirements. In all cases the issuance of  the hygiene certificate was subject to examination, either of the shipment 
or of the production facilities (including the products) and subject to the same sanitary requirements. 
Import Permit of the Chief State Inspect orate for the Phytos anitary Quarantine : This document was only required 
for imported goods. Importers had to present the following documents: phytosanitary certificate from country of 
origin; laboratory analysis (in some cases); certificate about disinfestation or disinfection treatment.  
Phytosanitary Certificate of the Chief State Inspectorate for the Ph ytosanitary Quarantine : This document was only 
required for goods to be exported. Exporters had to su bmit the following information: description of the 
consignment; laboratory analysis (in some cases); indication of possible disinfestation or disinfection treatment. 
Veterinary Certificates : Domestic producers were issued an authorization with a validity of up to three years on 
condition that their production method did not change. The fac ilities were inspected in random intervals during this 
period. For imported products, every lot imported was inspected. Upon importation the importer had to present the 
sanitary avis, stamped by the veterinary authorities of all transit countries, the veterinary certificate of the exporting 
country and a quality certificate issued by the producer. The State Veterinary Inspectorate would inspect the lot 
and, if cleared, a veterinary health certificate was issued. 
124. In response to additional questions, the representa tive of Moldova said that hygiene certificates 
issued by competent instit utions were recognized. Moldova recogn ized company hygien e certificates if 
the company had concluded an agr eement with the relevant Moldovan body. There were no additional 
tests conducted on foreign goods by the Government of  Moldova if hygiene certificates issued by 
recognized foreign bodies accompanied these. 
125. Some members of the Working Party requested more information concerning the structure of 
the relationship between Moldovastandard and the Ministry of Agriculture with respect to the 
development of standards for agricult ural products. The representative of  Moldova said that the relevant 
departments of the Ministry of Agriculture and Moldovasta ndard created joint committees, which 
determined product standards for ag ricultural goods. The standards were  the same for imported and for 
domestically produced goods.  
126. Some members of the Working Party requested information on the inspection procedures that 
took place at the border for import ed products and during the produc tion process for domestic products.  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 63 
 
 
 The representative of Moldova said that sanitary and phytosanitary re quirements were enforced through 
inspections and testing. 
Sanitary Requirements : Domestic producers and foreign producers which had concluded a special 
agreement were inspected by a team of experts fr om the State Sanitary-Epi demiological Service and 
Moldovastandard once before the hygiene certificate was issued and then at re gular intervals. Taking 
samples and carrying out tests on thes e samples inspected imported goods.  
Phytosanitary Requirements : Prior to shipment, the foreign exporte r had to send a request to the Chief 
State Inspectorate for the Phytosan itary Quarantine indicating the goods to  be shipped. The Inspectorate 
would issue a preliminary import perm it which stipulated specific p hytosanitary requirements which the 
goods to be shipped had to satisfy. Upon arrival th e goods would be inspected. If they satisfied the 
requirements the preliminary import permit would be stamped becoming definitive.  
Veterinary Requirements : Prior to shipment, the foreign exporte r had to send a request to the State 
Veterinary Inspectorate indicating the goods to be sh ipped. The Inspectorate would issue a preliminary 
import permit, the sanitary avis, which had to be stamped the veteri nary authorities of all transit 
countries. Upon arrival taking samples and carrying out tests on these samples inspected every lot. 
When goods subject to veterinary requirements were  unloaded (importation) or loaded (exportation) a 
representative of the State Veterinary  Inspectorate had to be present. 
127. In response to additional questions, the representa tive of Moldova said that an importer wishing 
to appeal against a decision of Moldovastandard would have, in the first instance, to write to the 
Director-General of Moldovastandard. Appeals agains t decisions of the Chief State Inspectorate for the 
Phytosanitary Quarantine, State Veterinary Inspecto rate and Sate Sanitary-e pidemiological Service 
should be addressed, in the first instance, to the h ead of the organization. In the second instance, the 
importer could file a laws uit in the economic courts. 
128. Some members of the Working Party said that there were areas where Moldova’s SPS regime 
was not fully compatible with the SPS Agreemen t, and asked Moldova to provide information on 
measures and the timeframe for bringing them in to conformity. The representative of Moldova 
presented the Working Party with further information on the SPS regime in the documents WT/ACC/MOL/17 and 20, Moldova in the following table: WT/ACC/SPEC/MOL/4/Rev.3 
Page 64  
 
 Table 16 
Measure Description of measures Implementation 
period 
The Republic of Moldova has amended its measures regula ting internal activities regarding plant, animal and human 
life protection in order to bring them into full compliance with the provisions of the SPS agreement. In the row 
below, the three governmental decisions that were subject to amendments are identified in the left-hand column. The 
nature of the amendments is described in the middle column, and the time frame for action in the right-hand column. 
The second row refers to the convention on plant protection. 
 Gov. Decision no. 967, 
oct.10, 1995 establishing the 
statutes of the state 
phytosanitary quarantine 
service;  
 Gov. Decision no. 816, dec. 
12, 1995 “on sanitary -
epidemiologica l state 
supervision rules”  
 
Gov. Decision no. 378 
establishing the statute of the 
state veterinary service  
The amendments cover the following aspects: 
Establishes the single inquiry point, which is setting up within 
ministry of health, responsible for supplying answers to all reasonable questions of WTO members, as well as to supply 
appropriate documents on: any phytosanitary regulation 
adopted or proposed on its territory; the procedures of determining the risk and the corresponding level of the 
phytosanitary protection; 
Introduction of new standards, animal health regulations and food safety regulations in conformity with SPS agreement 
principles; 
Measures are applied only to th e extent necessary to protect 
human, animal or plant health; 
Identification of authority responsible for making notifications to the WTO and ensuring transparency obligations are met on 
an ongoing basis; 
Establish guidance or law requiring publication of proposed measures at an early stage for comment; 
Provision for a reasonable period of time for comment from 
members and the public and establishment of a process to take comments into account without discrimination; 
Regulations governing animal and plant health and food safety 
shall based on scientific evidence; Follow up the international standards, guidelines, and 
recommendations in establishing SPS measures; 
Recognition of different measures that achieve the same level of protection; 
Developing scientific evidence and conducting risk 
assessments to ensure that measures are based on science and applied only to the extent necessary to protect health; 
Measures take into account the regional characteristics both of 
the areas from which products originate and the areas for which they are destined; 
Measures do not arbitrarily or unjustifiably discriminate 
between different members or between domestic and foreign 
suppliers; 
Implements the SPS provisions regarding control, inspection and approval procedures.  
[delete items] 
was adopted in 
April, 2000 
 
 
 
Was adopted  
In May, 2000  
 
 
 
June, 2000 
Accession to the Convention on Plant Protection  Adoption and ratification of the international plant protection 
convention at Rome on 6
th of December 1951 which came into 
force on the 3rd of April 1952; 
Accepting and implementation of the new revised text of the convention, as approved by resolution 12/97 of the twenty-
ninth session of the FAO conference in November 1997. December, 2000 
  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 65 
 
 
 129. The representative of Moldova stated that Mold ova would ensure the implementation of the 
both the TBT and  SPS Agreement prior to accession and w ould apply internal legislation in 
conformity with the provisions of the WTO Agreements  on TBT and  SPS. In the elaboration of any 
legislation concerning such measures Moldova would ensure their full conformity with the relevant 
WTO provisions. The Working Party took note of this commitment. 
- Trade Related Investment Measures (TRIMs) 
130. The representative of Moldova stated that in Moldova there were no trade-related investment 
measures of the kind covered by the TRIMS Agr eement. Moldovan legislation did not contain an 
authority to apply TRIMs, either at the central or su b-central level. He stated that the Government of 
Moldova would ensure that any trade related investme nt measures were introduced in the future would 
be fully in conformity with the requirements of  the WTO Agreement on TRIMs.  The Working Party 
took note of this commitment. 
- State trading practices  
131. Some members of the Working Party asked for a list of the enterprises included in the State 
Register of companies which were major producers in the domestic market and they asked for a 
notification of what each of these companies produced . In response, the representative of Moldova said 
that at the beginning of the transition process large Former State companies were automatically considered monopolies because they were the only Mol dovan suppliers in their domains. In reality, they 
had a small share of the market as more and more  foreign products were imported. Against this 
background the Government no longer compiled this list. 
132. Some members of the Working Party asked fo r confirmation that Moldova had no fully or 
partially State-owned enterprises which received any exclusive or special rights or privileges, and that 
the enterprises in the energy s ector listed in document WT/ACC /MOL/2/Add.2 did not correspond to 
the definition in the Understanding on the Interpretati on of Article XVII of the GATT 1994. In response, 
the representative of Moldova conf irmed that there were no State-tr ading enterprises covered by the 
provisions of Article XV II of the GATT 1994.  
133. In response to further questions  concerning the large enterprise s that had at least 25 per cent 
State equity ownership and engaged in international trade, the representative of Moldova said that in 
Moldova every enterprise irrespective of ownership had the right to engage in foreign trade. He 
submitted a list of enterprises that had at least 25  per cent State equity ow nership that engage in 
international trade.  WT/ACC/SPEC/MOL/4/Rev.3 
Page 66  
 
 134. Some members of the Working Party noted that  Article 14 of the Law “On Foreign Economic 
Activity” appeared to grant a state monopoly on the import and exportation of certain types of goods. 
Those members asked whether Moldova intended to preserve a state monopoly in the trade of any 
product. In response, the representative of Mold ova stated that currently Moldova had no state 
monopoly in the trade of any product and did not intend to exercise any. In reply, some members of the Working Party asked whether Moldova intend ed to notify its state trading enterprises under 
Article XVII of the GATT 1994.  
135. The representative of Moldova stated that if Moldova were to introduce state trading as 
defined by the Understanding on Interpretation of  Article XVII of the GATT 1994, it would ensure 
that all relevant regulations were  in conformity with the requirements of Article XVII of the GATT 
1994 and the Understanding on Interp retation of Article XVII of the GATT 1994, including those 
provisions requiring the application of "commercial considerations" in the sale and purchase of state 
traded commodities. He confirmed that Moldova w ould observe the provisions of Article XVII of the 
GATT 1994, the WTO Understanding on that Article, and Article VIII of the GATS regarding State 
trading.  The Working Party took note of these commitments. 
- Free Zones, Free Economic Zones 
136. The representative of Moldova said that the Moldovan legislation relating to free zones was 
Law No. 1415-XII of 25 May 1993 “On Free Enterprise Zones”. They would be fully subject to future 
WTO commitments of Moldova. He provided the following table: 
Table 17 
Location Type STATUS 
Chisinau free zone Operational 
Tvarditsa free economic zone Operational 
Giurgiulesti/Danube free zone Planned 
Ungheni free zone Planned 
Taraklia free zone Planned 
Vulcanesti free zone Planned 
 
137. So far, only two of these zones were operational - Expo-Business-Chisinau and "Tvardita". 
The Parliament and the Government of the Re public of Moldova established the “Expo-Business-
Chisinau” Free Enterprise Zone (FEZ) (Law No.625-XIII of 3 November 1995). The legislation 
provides incentives, guarantees, and privileges for bus inesses established in the FEZ. The residents of 
FEZ may be foreign natural and le gal persons as well as Moldova n legal entities established with 
foreign investment. The Administration of the FEZ on a competitive basis, with an account of the size  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 67 
 
 
 and the kind of investment, type of activity and its compliance with the FEZ development directions 
register the residents of FEZ. The competitions were announced at the Administration’s initiative as 
on the basis of applicant’s projects. Current activ ities in Expo-Business-Chisinau zone were split 
approximately in the following way (data are for the first half of 1997 and 1998 respectively): 57,5 per cent and 42.2 per cent trade, 14.6 per cent and 6.9 per cent industrial production and 27.5 per cent 
and 45.9 per cent services. The portion of imports ge nerated by the free trade zone accounts for 4 per 
cent of the total imports of Moldova. The portion of re-export from this zone in  total exports accounts 
for 1.2 per cent. He said that normal customs form alities, taxes and tariffs applied to goods entering 
the rest of Moldova from a free economic zone and a free zone. He added that there were no special 
eligibility criteria. All enterprises - domestic, join t ventures, foreign and foreign-owned – were 
allowed to operate in the free economic zones and take full advantage of the incentives available. 
138. In response to questions concerning the advantag es offered by the zones, the representative of 
Moldova said that Moldovan legislation offered guarantees and privileges to the residents. The Free 
Enterprise's Zone was open for the following licensed  types of activities: organization of fair and 
exhibitions, information and adver tising, leasing, banking and insurance, tourism and hotel business, 
trading and storage business, public catering ser vices, environment-friendly production output. 
Residents enjoyed exclusive customs and tax regimes.  In particular, they were exempt from customs 
duties for goods and items imported in the FEZ for final consumption; goods originated from FEZ and 
exported to the customs territory of the Moldova; goods produced in the FEZ and exported outside the 
territory of the Moldova. The income tax had been se t up to 20 per cent (elsewhere in the republic it 
was 32 per cent). Goods and services manufactured and rented in the FEZ were exempt form VAT. 
Residents who invested US$250,000 and more in the zone's development were relieved from paying 
income tax for five years. The residents had the ri ghts accorded by legislation for ten years. There 
were no requirements that the output produced in th e zones is exported, and there were no domestic 
content requirements. Be nefits were not conditi oned on export performance or import substitution 
requirements. 
139. The representative of Moldova confirmed that in the administration of the free zones 
established within its territory, the free zones would be fully subject to the coverage of Moldova's 
commitments taken in its Protocol of Accession to the WTO Agreement, and that Moldova would 
ensure enforcement of its WTO obligations in those free zones.  In addition, goods produced in the 
free zones under tax and tariff provisions that exem pted imports and imported inputs from tariffs and 
certain taxes would be subject to normal custom s formalities when entering the rest of Moldova,  
including the application of tariffs and taxes.  The Working Party took note of these commitments. WT/ACC/SPEC/MOL/4/Rev.3 
Page 68  
 
 - Government procurement 
140. The representative of Moldova said that the Law on Government Procurement No. 1166-XII 
had been adopted on 30 April 1997. The Moldovan Government did not collect statistics on 
government procurement. There were  three domains of public procurement: procurement in connection 
with loans from international aid agencies such as the World Bank, the European Bank for Reconstruction and Development; procurement for s ecurity and defense purpose s; and other government 
procurement. There was no breakdown of the public  sector procurement market by product type 
available. The estimated overall value of ce ntral government purchasing in 1999 had been 
approximately MDL 477 million. 
141. The representative of Moldova stated that in accordance with the Moldovan procurement law 
(Article 5 of the Law on Government  Procurement) the following institutions were involved in the 
procurement process: the National Agency for Government Procuremen t (NAPP) and procuring entities, 
engaged in the acquisition of goods, constructio n and services. The NAPP  was supervising and 
monitoring procuring entities in the conduct of pr ocurements and oversaw their compliance with the 
provisions of the procurement law and other legislat ive requirements such as regulations, rulings, and 
orders of general application in this area. Concerning advertising , the representative of Moldova said 
that a procuring entity had to soli cit tenders by publishing an invitati on to tender or an invitation for 
preliminary qualification in the Romanian and/or Russ ian languages in the Public Procurement Bulletin 
(PPB) issued by the NAPP. In particular situations, th e invitation to tender also had to be published in 
the English language in mass media of wide internati onal circulation (Article 18 and Article 26 of the 
Law on Government Procurement). The invitation to tender contained, inter alia , specifications of the 
goods, construction and services to be supplied in term s of nature, quantity, place and time, the criteria 
and procedures to be used for evaluating the qualifications of suppliers, place and deadline for the submission of tenders, means and place of obtaining  the solicitation documents. The procuring entity 
could engage in pre-qualification proceedings with a view towards identifying qualified suppliers prior 
to the submission of tenders. Only suppliers that had been pre-qualified were entitled to participate 
further in the procurement proceedings. Further de tails were included in Article 7 of the Law on 
Government Procurement. A procuring entity should e ngage in procurement of goods or construction by 
means of open competitive tendering proceedings as the preferred method of procurement. Under 
special conditions, a procuring entity could use the following methods of procurement (Article 19 of the 
Law on Government Procurement) : two-stage tendering (Article 20 of the Law on Government 
Procurement); restricted tenderi ng (Article 21 of the Law on Gove rnment Procurement; specialized 
restricted tendering (Article 22 of the Law on Government Proc urement); request for quotations  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 69 
 
 
 (Article 23 of the Law on Governme nt Procurement); and single-source  procurement (Art icle 24 of the 
Law on Government Procurement). 
142. In response to questions, the representative of  Moldova said that once a procuring entity had 
been approved by the NAPP, it acquired the right to grant a margin of prefer ence for the benefit of 
tenders for construction by domestic contractors or for the benefit of tenders  for domestically produced 
goods. The margin of preference could not exceed 10  per cent (Article 38 pa ragraph 6 of the Law on 
Government Procurement). A system of electronic tendering for public procurement had not been set up 
in Moldova yet, but the establishment of a database  system for availability of data/information on 
tendering was foreseen. The procuring entity had no right to establish any criterion, requirement or 
procedure with respect to the qualif ications of suppliers that discrimi nated against or among suppliers or 
against categories thereof on the basis of nationality  (Article 6 the Law on Gove rnment Procurement).   
143. Some members of the Working Party ask ed whether Moldova would accept the WTO 
Agreement on Government Procurement at the time  of accession. The representative of Moldova 
confirmed that Moldova would begin negotiatio ns on the acceptance of the WTO Agreement on 
Government Procurement after accession. 149. The representative of Moldova confirmed that upon 
accession to the WTO, Moldova would become an  observer to the Agreement on Government 
Procurement and would initia te negotiations for membership in the Agreement by tabling an entity 
offer immediately after accession. He also confirmed that, if the results of the negotiations were satisfactory to the interests of Moldova and the other members of the Agreement, Moldova would 
complete negotiations for membership in the Ag reement by 31 December 2000. The Working Party 
took note of these commitments.  
- Government-mandated co unter-trade and barter 
144. The representative of Moldova stated that in order to obtain from its trading partners, whose 
economies were in transition, essential products such as energy, metals, machinery and spare parts, the 
Moldovan Government occasionally entered into negot iations with these part ners to pay for such 
supplies with agricultural products  purchased by the Moldovan Government on the domestic market. 
- Trade in civil aircraft  
145. Some members of the Working Party asked whether Moldova would accept the WTO 
Agreement on Trade in Civil Aircraft at the time  of accession. In response, the representative of 
Moldova stated that his Government would consider the issue of joining
 initiate negotiations for 
membership in the Plurilateral Trade Agreem ent on Trade in Civil Aircraft upon accession  WT/ACC/SPEC/MOL/4/Rev.3 
Page 70  
 
 immediately after accession to the WTO. but 
He further confirmed that the Schedule of Concessions 
on Goods that is reproduced in Part I of the Anne x to the Protocol of Accession establishes duty free 
treatment on the  for products used in the  civil aircraft. 151. The representative of Moldova stated that 
his Government would consider the issue of join ing the Plurilateral Trade Agreement on Trade in 
Civil Airc raft upon accession.   The Working Party took note of this commitment. 
- Transit 
146. The representative of Moldova stated, at present, that transit of commodities thr ough the 
territory of Moldova was free from the levy of fees and customs duties. In relation to VAT and excise 
tax, Moldova granted freedom of transit through its te rritory to the trade of WTO members as prescribed 
by Article V of the GATT. The only charges le vied were those for transportation and those 
commensurate with administrative expenses or with the cost of services rendered. He added that 
Moldova was party to a multilater al agreement on transit trade with in the framework of the CIS. 
Moldova had also signed transit agreements w ith Romania, Ukraine, Belarus and Russia. 
- Policies Affecting trade in Agricultural Products 
- Imports – description of the types of border protection maintained 
147. The representative of Moldova said that agricu ltural products could be imported freely into 
Moldova without quantitative restrictions. Duties appl icable to individual produ cts were to be found in 
Moldova's customs tariff. 
148. Some members of the Working Party asked whether the customs clearance procedures followed 
by the Republic of Moldova reduced to a minimum delays  in clearing import shipments of dairy or other 
perishable agricultural products. In response, the re presentative of Moldova stat ed that the waiting time 
for imports from all countries at the border with Roma nia and Ukraine, on average, did not exceed 30 
minutes. The actual customs clearance took place at the regional customs office of the place where the importing firm was located. The decentralized nature  of this system had kept the time required for 
customs clearance to a minimum.  
- Exports  
149. The representative of Moldova said that Mol dova granted no export credits, export credit 
guarantees, export credit insurance or other financia l support or assistance was available for agricultural 
exports. Moldova did not grant any export subsidies to agricultural products.  The representative of  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 71 
 
 
 Moldova confirmed that Moldova would bind agricu ltural export subsidies at zero in its Goods 
Schedule. The Working Party took note of this commitment. 
150. The agriculture country schedule of  Moldova, circulated in document 
WT/ACC/SPEC/MOL/1/Rev.7,  has been incorporated in the corresponding section of the Goods 
Schedule of Moldova (WT/AC C/SPEC/MOL/4/Rev.2).  
- Textiles regime 
151. The representative  of Moldova said that there was no speci al regime for textiles and clothing. 
Moldova permits duty-free import of raw material s for textile and clothing products from the 
European Union, provided the finished products ar e subsequently exported to the European Union 
(inward processing). This regime applied to all countries. 
VI.  TRADE-RELATED INTELLECTUAL PROPERTY REGIME  1.  General 
a)  Intellectual property policy 
152. The representative of Moldova said that since th e declaration of its independence, Moldova 
follows the policy of developing mutually advantage ous relations with all countries of the world. The 
national legislation has been transformed to adjust to international standards. The policy of transition 
to a market economy has largely determined the appr oach to intellectual property and the extension of 
the rights of its owner’s. Intellectual property rights have become rights of legal persons and 
individuals. The main directions of the policy are:  (i) enactment of special national legislation on 
intellectual property rights; (ii) establishment of publ ic authorities responsible for intellectual property 
rights; (iii) membership in international conventions  and treaties on trade-related intellectual property 
rights. In 1993 the Government implemented the protection of industrial property, the rights of 
owners of titles of protection and inventors on th e basis of the Provisional Regulations No. 456 “On 
the Protection of Industrial Property in the Republic of Moldova” adopted. There are the following 
titles of protection in the Republic of Moldova: pate nts for inventions; patents for plant varieties; 
certificates of registration of utility models, industria l designs, trademarks, appellations of origin of 
goods, topographies of integrated circuits. The O fficial Bulletin of Industrial Property (BOPI) 
provides information on inventions, plant varieties,  utility models, designs, trademarks, appellations 
of origin of goods, topographies of integrated circuits claimed and registered in Moldova, on 
oppositions to these registrations, transfer of rights to  these industrial property objects, as well as 
legislative and normative acts related to intellectual property. WT/ACC/SPEC/MOL/4/Rev.3 
Page 72  
 
 153. Further information on the TRIPS regime is  provided in document WT/ACC/MOL/18. 
154. Some members of the Working Group said th at the TRIPS Agreemen t is a fundamental 
component of the obligations undertaken by all WT O Members. These member s expect Moldova to 
implement the WTO TRIPS Agreement fully as of th e date of accession, without recourse to any 
transitional arrangements. [The representative of Moldova said that] Moldova is prepared to implement 
the TRIPS Agreement from the date of accession. A detaile d program of specific legislation required to 
be implemented was presented to the Government fo r approval. This program foresaw the enactment of 
the necessary legislation no later than January 2000.  As a result of the judicial system reforms, all the 
conditions for implementation of the TRIPS pr ovisions have been created. In document 
WT/ACC/MOL/21 it is presented in  tabular form a Checklist of Illustrative TRIPS Requirements and 
Compliance by the Republic of Moldova (). 
b)  Responsible agencies for policy formulation and implementation 
155. The representative of Mol dova stated that the policy and stra tegy in the field of intellectual 
property protection are elaborated by the State Ag ency on Industrial Proper ty Protection (AGEPI), 
established on May 25, 1992 by Decree of the President of  Moldova No. 120, and by the State Agency 
on Copyright and Neighbouring Rights established on N ovember 25, 1991 by Decree of the President of 
Moldova.  
c)  Membership of international intellectual property conventions 
156. The Republic of Moldova is party to the following conventions and treaties: 
− Paris Convention for the Protection of Industrial Property; 
− Convention Establishing the World Intell ectual Property Organization (WIPO); 
− Patent Cooperation Treaty (PCT); 
− Madrid Agreement concerning Intern ational Registration of Marks; 
− Hague Agreement concerning the Internati onal Deposit of Industrial Designs; 
− Budapest Treaty on the International Recogn ition of the Deposit of Microorganisms for 
the Purposes of Patent Procedure; 
− Nairobi Treaty on the Protection of the Olympic Symbol;  
− Rome Convention for the Protection of Performers, Producer s of Phonograms and 
Broadcasting Organizations; 
− Berne Convention for the Protection of  Literary and Artistic Works; 
− Protocol relating to the Madrid Agreement Concerning the International Registration of 
Marks (1989); 
− Strasbourg Agreement Concerning the In ternational Patent Classification; 
− Vienna Agreement Establishing an International Classification for Industrial Designs; 
− Nice Agreement Concerning the International Classification of Good s and Services for 
the Purposes of the Registration of Marks;  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 73 
 
 
 − Locarno Agreement Establishing an Interna tional Classification fo r Industrial Designs; 
− Trademark Law Treaty (TLT); 
− Eurasian Patent Convention; 
− International Convention for the Protecti on of New Varieties of Plants (UPOV); 
− WIPO Performances and Phonograms Treaty; 
− WIPO Copyright Treaty; 
− European Patents Convention. 
157. The representative of Moldova stated that in  1993 the Republic of Moldova became a member 
of the Standing Committee on Information Tech nologies (SCIT) and Pe rmanent Committee on 
Intellectual Property Cooperation for Development (P CIPD). The representatives of the State Agency on 
Industrial Property Protection activ ely participate in the works of  WIPO Standing Committee on the 
Law of Patents and Standing Committee on the Law of Trademarks, Industrial Designs and 
Geographical Indications. The Republic of Moldova is a member of the WIPO Coordination Committee. 
In addition, AGEPI concluded coope ration agreements with 35 Pate nt Offices throughout the world. 
158. He further added that in the future the Republi c of Moldova intends to become party to the 
following international Agreements: 
− Madrid Agreement for the Repression of Fals e or Deceptive Indications of Sources on 
Goods; 
− Lisbon Agreement for the Protection of Appell ations of Origin and their International 
Registration (1958), 
− Washington Treaty on Intellectual Property  in Respect of In tegrated Circuits; 
− New Act of the Hague Agreement concerni ng international registration of designs 
(Geneva, 1999); 
− Patent Law Treaty (PLT); 
− On 10 February 2000 the Parliament of  the Republic of Moldova ratified the 
Convention on the protection of the inte rests of producers of phonograms against 
unauthorised reproduction of their phonograms and its instruments of accession were 
presented to the United Nations Organisation, New York). 
d)  Application of National and MFN treatment for foreign nationals 
159. The representative of Moldova stated that the principle of national tr eatment applies with 
respect to intellectual property. 
e)  Fees and taxes 
160. Fees for patents for inventions, patents for plant varieties, certificates for registration of utility 
models, industrial designs, trademarks, appellations of origin of goods and t opographies of integrated 
circuits are liable to payment at the State Agency on Industrial Property Protection of the Republic of 
Moldova. General terms and amounts are regulated by the Governmental Decision No. 774 of August 
13, 1997, the supplementary ones being subject to order No. 80 of August 28, 1997 of the Director WT/ACC/SPEC/MOL/4/Rev.3 
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 General of the AGEPI. The fees for the management of  intellectual property right s are listed in Annex I 
of document WT/ACC/MOL/4.  
2.  Substantive standards of protection, in cluding procedures for the acquisition and 
maintenance of intellectual property rights 
-  Copyright and related rights, including rights of performers, producers of phonograms 
and broadcasting organisations 
161. The representative of Moldova said that th e Law on Copyright and Neighbouring Rights No. 
293-XII of November 23, 1994 governing copyright a nd neighbouring rights entered into force on 
March 1, 1995. This Law provides protection for intell ectual property rights related to literary, artistic 
and scientific works, expressed in a form that a llows to be reproduced irrespectively of the form, 
destination and value of each  work, as well as the procedure of it s reproduction. The creator shall enjoy 
rights of economic and moral nature. The most important is the exclusive right in his works. According 
to art. 9 of Law no. 293, the author  shall enjoy the following moral rights:  (i) the right of authorship; (ii) 
the right to be named; (iii) the right to respect for th e integrity of his work; (iv) the right to respect for 
his reputation; (v) the rights to disclose his work or to authorise or prohib it disclosure in any form 
whatsoever, including the right to reconsider or th e right of withdrawal. [The economic rights give]
 The 
holder of the copyright enjoys the exclusive right to exploit his work in any form and by any procedure 
which means the right to perform, authorise or  proh ibit the following acts: (a) reproduction of the work; 
(b) distribution of copies of the work  by sale, rental or in any other wa y; (c) importing of copies of the 
work for the purposes of distribution, including copies made with the authorisation of the author or other 
holder of copyright; (d) presentation of the work in public; (e) public performance of the work; (f) 
communication of the work to the public; (g) transla tion of the work; (h) transformation, adaptation, 
arrangement or any like modification of the work. Copyright owners are entitled to prevent the rental of a copy of a work even after that particular copy has been sold and that sound recording producers have a 
similar right to prevent the rental of copies of the sound recordings, even after those copies have been 
sold.  
162. He further added that audio-visual works, computer programs, data bases, works fixed on 
phonograms or musical works and compila tions of data are protected by  the same Law (Articles 6 and 
10). The Law entitles the holder of a copyright to the exclusive right to exploit his work in any form and 
by any means. The copyright on audiovisual work is conferred to: the author of the scenario 
(scriptwriter); the film director; the composer of an y musical work; the cameraman ; the artistic director. 
The author of a pre-existing work that has been incorporated, after transformation or unchanged, in an audiovisual work shall also be deemed a joint author of such audiovisual work.  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 75 
 
 
 163. He noted that a phonogram producer shall enjoy th e exclusive right to exploit his phonogram in 
any form, including the right to remuneration for each type of use of the phonogram. [for it use, the right 
on reproduction, distributio n of copies, modificat ion or change, importation of copies of the phonogram 
with the propose of broadcasting.  The exclusive right to exploit the phonogram means the right to 
authorise or prohibit reproduction of the phonogram; distribution of copies of the phonogram (by sale, 
rental, etc.); adaptation or any other transformation of the phonogram; importation for the purposes of 
distribution of copies of the phonogr am, including copies made with th e authorisation of the phonogram 
producer. A phonogram producer may transfer the ex clusive rights to other persons by contract. 
(Article  28)]  Copyright may be transferred by means of a contract (Article 28). The performer of a 
phonogram enjoys the exclusive right to authorise or prohibit the following acts: recording of a 
performance not previously recorded, reproduction of  the recording of a performance, broadcasting of 
the performance over the air or by cable or maki ng any other communication, renting of a published 
phonogram, as well as the right to de fend the performance against any disfigurement or contortion or 
undermining of the reputation of the performer, and to transfer the right by means of a contract to 
another person (Article 27). Broadc asting organisations have the ex clusive right to exploit phonograms 
in any form (Article 29). Foreign national s enjoy national treatmen t under the said Law. 
164. He further added that the Law of the Republic of Moldova on Copyright and Neighbouring 
Rights No. 293-XIII of November 23, 1994 is in complia nce with the Provisions of  the Articles 1 to 21 
of the Berne Convention (1971) and the Appendix thereto as required by Article 9 of the TRIPS 
Agreement. 
165. As to restrictions on the exclusive rights of  copyright owners of neighbouring rights, the 
representative of Moldova stated th at the legislation of the Repub lic of Moldova contains detailed 
amendments on restrictions on the exclusive rights of copyright ow ners or owners of neighbouring 
rights related to: repr oduction of works for personal use; reprogr aphic reproduction by libraries; free use 
of works; reproduction of computer programs and com puter databases (Chapter III, Articles 20-23). The 
Law on Copyright and Neighbouring Rights provides pr otection of copyright and neighbouring rights 
for a term of 50 years. Under Articles 17(9) and 33 of this Law, author’s  moral rights are protected 
without time limits. The moral rights of authors ar e protected without time limits under Articles 17(9) 
and 33 of this Law.  
166. In response to questions the representative of Moldova stated that under Article 8(4) of the 
Copyright Law, in the event of a dispute, the ce rtificate of registration constituted a presumption of 
authorship for the court in the absence of proof to the contrary.  WT/ACC/SPEC/MOL/4/Rev.3 
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 167. The representative of Moldova noted that under  the legislation of the Republic of Moldova, 
copyright protection can not be restored for works that were in the public domain in Moldova prior 
to December 31, 1994. For works the period of prot ection of which was due to  expire on December 31, 
1994, the following adjustment s were made: if the term of protecti on of the work of a foreign author 
used in the Republic of Moldova, is longer, under the laws of the country of the author, than the term 
under the present Article, the term of  protection stipulated by this Law shall apply; if it is shorter, the 
term of protection stipulated by the laws of the country of the author shall apply (Article 17(12)). 
168. He further noted that on January 28, 1998, the Republic of Moldova ratified the WIPO 
Copyright Treaty and WIPO Performances and P honograms Treaty adopted on December 20, 1996 by 
the Diplomatic Conference. By the Decision of th e Government of the Republic of Moldova No. 524 
of July 24, 1995, a four-year period was establishe d for the transition from the administrative system 
to a system of collective management of patrim onial rights of authors and owners of neighbouring 
rights. According to this Decision, an Aut hors and Neighbouring Rights Owners Council a Council on 
the protection of the rights of aut hors and holders of neighbouring rights  was set under the State 
Agency on Copyrights of the Republic of Mo ldova which establishes the level of author 
remuneration, adopts samples for contracts and licenses regarding turning account of works, 
interpretations, phonograms etc., establishes the level of commission remuneration for collection, 
distribution and paying off the author remuneration services and controls the activity of Agency for 
paying off the author remuneration. Organisati onal measures are undertaken for setting up a 
non-governmental organisation to administer the pa trimonial rights of the authors and neighbouring 
rights owners on the basis of collective principles. 
-  Trademarks, including service marks 
169. The representative of Moldova st ated that under the Law on Trad emarks and Appellations of 
Origin of Goods no. 588-XIII of September 22, 1995, a trademark was defined as represents  a sign 
serving to distinguish the products or services of an enterprise, of  legal or natural persons from the 
similar products or services of ot her enterprises, legal or natural persons. There are two kinds of 
trademarks: collective marks and indi vidual marks. A trademark could may  be: a) verbal, i.e. consisting 
of words, including forenames and surnames, of letter s or of figures; b) figurative mark, plane or three 
dimensions; c) mixed mark, consisting of verb al and figurative elements. A trademark may  could be 
registered in black and white or in colour. The cert ificate of registration is the title of protection of 
trademarks in the Republic of Moldova. The registrati on procedure is compliant with the provisions of 
international conventions. An appl ication for the registration of a trademark and the enclosures was 
required to be filed with the Stat e Agency on Industrial Property Prot ection of the Republic of Moldova.  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 77 
 
 
 The actual use of a trademark was not a condition for f iling an application for registration or to maintain 
a registration of a trademar k on the name of the user . In conformity with Article 2(1) of the Law no. 
588/1995, the definition of tradem ark included product marks a s well as service marks . According to the 
Article 2(1) of the Law no.588/1995, the enclosures of the application may be filed in any language 
other than the national language, under the condition that  a translation into the national language shall be 
filed within two months from the filing date. The re gistration of a trademark subsists for 10 years as 
from the date of the regular national filing. The date of the regular national filing shall be the date on 
which the application and the proof of payment have been filed with the AGEPI, pursuant to the above-
mentioned law. Any person may oppose the registra tion within 3 months following the date of 
publication of the notice concerning the application. Foreign legal and natural persons enjoy the same 
treatment as legal a nd natural persons resident in the Repub lic of Moldova, under the provisions of 
international conventions a nd treaties to which the Repub lic of Moldova was party. 
170. He further noted that according to the legislation of the Republi c of Moldova, individual colours 
as such are not recognised as tradem arks, but a colour or a combination of colours of a word mark or a 
figurative mark are protected as part of a trademark (A rticles 4 and 5). A colour as part of a trademark is 
deemed identical to a colour as part of another trad emark if through a series of tests it is found similar to 
the point of confusion. 
171. The representative of Moldova stated that accor ding to Article 17 (1), any person may oppose 
the registration of a trademark or of an appellation of origin before the Appeals Board of the State 
Agency on Industrial Property Prot ection (AGEPI), and wh ere not satisfied by the decision of this 
Appeals Board, before a higher judi cial authority. Cancellation of re gistration of a trademark may be 
required under Article 26 of the La w. The registration of a trademark may be cancelled at any time 
during its term of validity if it has been effected with the infringement of this Law. Any person may 
submit to the Appeals Board of the Agency a request for cancellation of a regi stration, for which this 
Law does not prescribe any time limits. 
-  Geographical Indications, including Appellations of Origin 
172. In response to questions, the representativ e of Moldova stated that under the Law on 
Trademarks and Appellation of Origin of Goods of the Republic of Moldova, appellations of origin are 
the designations - current or historical - of a count ry, a region or a locality used to designate a product 
whose natural proprieties de rive essentially or exclusively from the natural or human factors specific to 
that geographical area. The appellation of origin ma y also be a word derived from the name of a country 
or an administrative or territorial-s ubdivision of such country. The certific ate of registration is the title of 
protection of appellations of origin in the Republic of Moldova. The right to r eceive titles of  protection WT/ACC/SPEC/MOL/4/Rev.3 
Page 78  
 
 for the appellations of origin belongs to natural or  legal persons conducting busi ness activities in the 
corresponding geographical area. The ap plication for the registration of an  appellation of origin shall be 
filed in the national language. All parties conduc ting business activities in connection with the product 
associated with the appellation of origin shall apply separately for the certificate. The registration of an appellation of origin is valid for an unlimited term. An application fo r registration of an appellation of 
origin shall be filed with the Stat e Agency on Industrial Property Prot ection of the Republic of Moldova.  
173. He noted that the use of a registered geographi cal indication is prohibite d for any person who is 
not the holder of the registration certificate. The use of products of the same ty pe, of similar designation 
liable to mislead cons umers as to the place of origin and sp ecial properties of th e products is also 
prohibited (Article 22 (2)) of the Law on Trademarks a nd Appellations of Origin).  Article 7 (2), (a) of 
this Law stipulates the grounds for re fusal to register a trademark or an appellation of origin in case if 
they are deceitful or liable to mislead the consumer. The legislation of the Republic of Moldova 
provides additional protection for wine s and spirits. However, special procedures for registering wines 
and spirits are provided for by the  Govern mental Decision No. 760 of 10 November 1995. 
174. He also noted that under the le gislation of the Republic of Moldova, geographical indications 
which are not literally true as to the territory, regi on or locality in which the goods originate, and 
falsely represent that goods originate in another territory shall be excluded from registration under 
Article 7(2), (a) of the Law on Trademarks and Appe llations of Origin of the Republic of Moldova. 
175. With reference to the introduction of specific provisions for the protection of geographical 
indications for wines and spirits, compliant with Ar ticle 23 of the TRIPS Agreement, the representative 
of Moldova stated that the Law on Trademarks and Appellations of  Origin and the Governmental 
Decision no. 760 of November 10, 1995, are consis tent with Article 23 of  the TRIPS Agreement. 
However, the Law on Trademarks will be provide d with special provisions on the protection of 
geographical indications fo r wines and spirits.  
-  Industrial designs 
176. In response to questions from Members of th e Working Party, the representative of Moldova 
stated that under the Law on Protection of I ndustrial Designs no.991 of 1996, the novel outward 
appearance of an artic le with a utilitarian function may be registered as an i ndustrial design. To register 
an industrial design an application shall be filed wi th the State Agency on Indus trial property protection 
of the Republic of Moldova. Foreign residents, both legal and natural persons, sh all act through a patent 
attorney in matters related to th e protection of their industrial desi gn. The attorney's rights shall be 
confirmed by a power of attorney issued by the appl icant. After filing, the application is subject to  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 79 
 
 
 formal examination and publication and substantive examination, if re quested. If no opposition has been 
filed against the decision to regist er the industrial design, or if an y opposition filed have been rejected, 
the industrial design shall be subjec t to registration and grant of the certificate of re gistration. The 
registration of an industrial de sign may be effected either with out substantive examination, under 
applicant's responsibility, or af ter substantive examination. 
177. The representative of Moldova further added that the criteria for protection of an industrial 
design include the independent creation of an industr ial design as well as the condition of being new and 
original. In order to be protected industrial designs shall be different from known designs or 
combinations of known design featur es (Articles 4 and 6(1) of the Law on the Protection of Industrial 
Designs). Textile designs enjoy the same protection as industrial designs i.e., they  may be registered as a 
design or industrial model if they possess a new appearance and a utilitarian function.  
178. He added that under the Law on the Protection of Industrial Designs, the title of protection of 
the industrial design in the Republic of Moldova is the certificate of registration. The certificate of 
registration entitles the owner to th e exclusive right to exploit the i ndustrial design on the territory of 
Moldova as well as to the right to allow or to prohibi t third parties to carry out  without authorisation the 
following activities: manufacture, use,  importation, exportation, offering for sale and any other form of 
marketing or holding for that purpose of an article  produced using the regist ered industrial design. 
Protection is valid for five years from the date of the filing of application with the Agency and may be 
renewed four times for consecutive periods of five years, against payment of the prescribed fee in the 
fifth year of the current period of validity. 
-  Patents 
179. The representative of Moldova informed member s of the Working Party that according to the 
Law on Patents for Inventions no. 461-XII of May 18 , 1995, a patent for invention may be granted for 
an invention which may concern a new product or process or the use of a known product or process 
for new purposes. For the purpose of the Patent Law, "product" shall mean equi pment, substance, and 
micro-organisms. At present, in the Republic of Moldova new animal breeds are protected under the 
Law on Breed Protection no. 412-XIV/1999. 
180. The representative of Moldova noted that th e following may not regarded as inventions: 
scientific theories and mathematical methods; conve ntional signs, timetables  and rules ; methods for 
performing mental acts; organisational methods for doing business; algorithms and computer programs; 
projects and plans for buildings and constructions and for territorial pl anning; projects of an aesthetic WT/ACC/SPEC/MOL/4/Rev.3 
Page 80  
 
 nature (designs); topographies of inte grated circuits; plant or  animal varieties. Pate nts shall not be issued 
for inventions, which are contrary  to public policy and morality. 
181. The priority date of the inventions is determ ined by the filing date of the application. An 
application shall contain the following documents: 
- a request for the grant of a patent, including identification of the inventor or inventors, 
of the applicant or applicants or of the pe rson or persons on whose behalf the patent is 
sought; 
- a description of the invention disclosing it in  a manner sufficiently clear and complete 
for it to be carried out;  
- one or more claims defining th e subject matter of the inve ntion and entirely supported 
by the description;  
- drawings and other elements, where necessary to understand the subject matter of the 
invention. 
182. He added that applications were required to be accompanied by:  
- an abstract;  
- proof of payment of the prescribed fee or of circumstances justifying exemption from 
the fee or a reduction in the fee;  
- an authorisation, if the application is filed by a professional representative;  
- any document necessary to prove the priority of the invention.  
183. He further noted that the application documents were required to [shall]
 be filed in the national 
language. With the exception of [Except for]  the request, the application documents may be filed in one 
of the following international languages of communica tion: English, French, German and Russian. In 
such case, a translation into the national language shall be filed with the Agency within two months 
following the filing date of the application. AGEPI is  authorised to grant patents without substantive 
examination under the applicant’s responsibility. Applicants have the possibility to request the 
substantive examination, provided that  the respective fees are paid dur ing the validity of the period of 
the patent. In Moldova the patent for invention is valid for 20 years. The owner shall pay an annual fee 
for maintenance in force of his patent during all period  of validity of the patent. The extent of the legal 
protection conferred by the patent shall be determined by the terms of the claims. Th e description and 
drawings shall serve solely to interpret the claims.  
184. The representative of Moldova stat ed that the patent owner enjoys an exclusive right in the 
invention protected by the patent, in cluding the exploitation of the inven tion, insofar as such exploitation 
does not prejudice the rights of other patent owners, the right to dispose of the patent and the right to 
prohibit others from exploiting the invention prot ected by the patent without his authorisation 
(Article 22(1), Law on Patents for Invention). Under the legislation of the Republic of Moldova there 
are no conditions regarding the compulsory working of a patent.   In civil infringement proceedings  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 81 
 
 
 involving process patents, TRIPS Article 34 provides that  judicial authorities have  the authority to order 
the defendant to prove that the process to obtain an  identical product is different from the patented 
process. 
185. He added that in the event of failure to work an  invention or to work it sufficiently by the patent 
owner during the three years that follow the date of gr ant of the patent, any person wishing to exploit the 
invention and prepared to do so may, if the patent  owner has refused to conclude with him a licensing 
contract, submit to a court or arbitration tribunal a request for the grant of a non-exclusive compulsory 
license. In the interest of national security, the G overnment may authorise exploitation of an invention 
by another person without the consent of the patent ow ner against payment to the latter of an appropriate 
monetary compensation. In the event of disagreemen t as to the amount of the monetary compensation, 
the patent owner may institute legal proceedings (A rticle 33 (1), (4)). Under the legislation of the 
Republic of Moldova, processes enjo y the same protection as products . Necessary amendments to the 
laws in the field of industrial property protecti on have been elaborated, in compliance with the 
provisions of Article 31 of the TRIPS Agreement, to permit issuing of a compulsory license in certain 
narrowly defined circumstances. If such a license is issued, the Agency is required to take steps to 
inform the patent holder on the decision concerni ng the grant of a non-exclusive compulsory license; 
the Agency is also required to enter the decision in  the National Patent Register, notify the issuance of 
the license in the Official Bulletin within 3 mont hs following the date on which they have been 
entered in the National Patent Register. If the hol der of a non-exclusive compulsory license fails to 
use the license within the year following the gr ant of the license, the non-exclusive compulsory 
license may be cancelled.  Importation shall be qu alified as use for the purposes of determining 
whether the invention had been used with rega rd to provisions on compulsory licensing and 
government use. 
186. The representative of Moldova stated that the legislation of the Republic of Moldova did not 
contain any provisions corresponding to Article 34 of  TRIPS, however, certain amendments are being 
prepared to adjust the legislation prior its accession to WTO. Article 23 paragr aph 1(c) of the Law on 
Patents for Inventions from the Draft Law for am ending various Laws are harmonised with the 
provisions of Article 34 of the TRIPS, and namely: “W hen assessing cases of in fringement of the rights 
of the owner, if the subjec t matter of a patent is a process for obtaining a product, the judicial authority 
shall require the defendant to prove that the process to obtain an iden tical product is di fferent form the 
patented process; any identical product when produced without the consent of the patent owner shall, in 
the absence of proof to the contrary, be deemed to have been obtained by the patented process; if the 
product obtained by the patented proc ess is new or if there is a subs tantial likelihood that the identical WT/ACC/SPEC/MOL/4/Rev.3 
Page 82  
 
 product was made by the process and the owner of th e patent has been unable through reasonable efforts 
to determine the process actually used.”  
-  Plant Variety Protection 
187. In response to questions from Members of th e Working Party, the representative of Moldova 
stated that the protection of plant varieties  is covered by t he Law on Plant Varieties, in force from 
November 28, 1996. Simultaneously, the "P rovisional Statute of Industrial P
roperty Protection in 
Moldova" was abrogated.  The Law provides special protection for plant varieties. Protection is granted 
on the basis of certificates issued by the State Commission for Variety Testing of the Republic of Moldova and the patent granted by the State Agen cy on Industrial Property Pr otection. The term of 
protection is 25 years for trees, fruit trees and grap evine and 20 years for plant varieties and other 
species, with the possible extension for another te n years.  The Law provides the exclusive rights of 
exploitation to the patentee, which are listed in Arti cle 13 (Law on Plant Variety Protection). Moldova 
has also become a member of UP OV. [Law provides for the exclusive rights of the patentee in the 
exploitation of the plant variety.]   
-  Topographies of Integrated Circuits 
188. The representative of Moldova noted that pursuan t to the Law on the Protection of Integrated 
Circuits no.655-XIV/1999, protectio n is granted only for genuine t opographies and not for ideas, 
processes, systems, technology or coded inform ation which may be emb odied in topographies. 
Registration is made without substantive examina tion. The certificate is valid for ten years. This Law 
came into force on 6 January 2000.  
[194. the representative of moldova said that presently th ere were no provisions governing 
topographies of integrated circuits. a draft law on to pographies of integrated circuits, which complies 
with relevant international agre ements had been elaborated and was submitted to members of the 
working party.]  
-  Requirements on undisclosed information,  including trade secrets and test data 
189. The representative of Moldova stated that trade secrets were protected under the Law on the 
Protection of the Trade Secret, No. 171 enacted on June 6, 1994. Any information is considered a 
commercial secret if: (i) it has real or potential value to the economic agent; (ii) access to it is restricted; 
(iii) is marked, by stamp or otherw ise as confidential; (iv) is not co vered by the provisions of copyright 
or patents. Special provisions are applied for state secrets and matters of national interest. Trade secrets  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 83 
 
 
 are protected as long as they meet the above mentio ned criteria. This Law cont ains no limitations on the 
protection and no compulsory licensing provisions. 
190. He further added that although the Law on Trad e Secret also protects  unrecorded undisclosed 
information, Moldovan authorities re sponsible for licensing intellectual  property shall generally require 
that confidential information submitted in connectio n with the application for licenses, registration 
certificates, etc., is recorded and marked for purposes of clarity. 
191. He noted that marketing of pharmaceutical, ag ricultural and chemical products, which utilise 
new chemical entities without registration of intellect ual property rights, are only subject to approval by 
the Ministry of Health or the Mi nistry of Agriculture, respectivel y. Moldovan legislation does not 
require the submission of undisclosed test or othe r data as a condition of approving the marketing of 
products in question, but if the im porter requires protection of undisclosed  information, the Ministry of 
Health or the Ministry of Agricultu re shall provide such protection acco rding to the legislation in force. 
In order to import and sell agricu ltural chemicals in Moldova, an importer has to obtain an import 
license and a certificate of hygienic conformity. For the im portation of pharmac euticals, Moldovan 
legislation requires an im port license. In addition,  pharmaceuticals to be im ported shall bead to be 
registered. The National Pharmaceutical Institute of the Ministry of Health has issued an information 
leaflet for foreign producers  describing in detail the registration procedures.  
-  Other categories of Intellectual Property 
192. The representative of Moldova stated that Mol dovan law recognises utility models if they 
concern the constructive execution of means of pr oduction and of consumer goods or their component 
parts and if they are novel and are susceptible of indu strial application. The cert ificate of registration is 
the title of protection of a utility model. The utility model application shall be filed with the AGEPI and it shall contain the following documents: a request w ith information concerning the applicant (inventor), 
or his successor in title; description; claims; drawi ng and graphics, if necessary. These documents ensure 
the priority rights of the application from the da te of filing of the application with the AGEPI. 
193. He added that in case of refusal, a patent ap plication could be converted into a utility model 
application with the initial priority date. In this case,  the applicant shall, after 3 months from the decision 
of refusal, but not later than 4 years from the filing date  of the application, file a request for utility model 
registration for the same object with the AGEPI with the priority request of the initial filing date. The 
transformation of a utility model application into a pa tent application for the invention is possible up to 
the acceptation prior to the decision for utility model regi stration. In this case the priority date shall be 
the date of the initial deposit. The certificate is valid  for five years from the regular national filing date.  WT/ACC/SPEC/MOL/4/Rev.3 
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 3.  Measures to Control Abuse of Intellectual Property Rights 
194. In response to questions, the representative of Moldova stated that natio nal legislation provides 
for measures on the enforcement of intellectual pr operty rights which allow effective action against 
infringement on intellectual property rights. The init iative for action against infringement is up to the 
holder of the property right. The Customs Control Serv ice is empowered to hold back copies of works 
and phonograms introduced or taken out without license. Provisions  for special measures by customs 
concerning the infringement of intellectual property rights are included as a separate chapter in the 
new Customs Code, which is before the Parliame nt and has been approved in a second reading 
4.  Enforcement -  Civil judicial procedures and remedies  
195. The representative of Moldova informed members of  the Working Party that legislation in force 
provides for the possibility to pursue infringements  on intellectual property rights and regulates the 
adduction of proof. The principles of competition an d guilt are applied. The Republic of Moldova has a 
Court system in which the competence of tribunals depends on the type of dispute to be considered. 
Contesting parties have the possibility  to solve disputes by recourse to  the services of arbiters, one is 
permanently available with the AGEPI. 
196. He noted that whilst civil legi slation of the Republic of Moldova  contains general provisions on 
intellectual property rights, specific provisions rela ting to the protection of intellectual property rights 
are contained in the laws in the field of intellectual property rights. 
197. He further noted that Intellectual property ri ghts litigation and disputes are solved in the 
Republic of Moldova, depending on part icular cases, in the following j udicial authorities: (i) ordinary 
courts, whose decisions may be appealed against be fore the Court of Appeal s and ultimately to the 
Supreme Court of the Republic of Moldova; (ii) Ec onomic Court, where appeals may be submitted to 
the Economic Appeals Court and ul timately to the Supreme Court of Justice of the Republic of 
Moldova. 
198. The representative of Moldova stated that when  a right-holder considers that his intellectual 
property rights have been injured he may initiate a civ il, penal or administrative suit in the court. In 
cases of fraud or similar cases the public prosecutor may also in itiate a separate ca se under the Penal 
Code of Moldova. The same rules on evidence governing civil litigation in  Moldova apply to intellectual 
property right cases. The infringer may be ordered to  pay a fine, damages or compensation. Eventually, 
the right holder may also request that the goods or the equipment used to produce the goods concerned  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 85 
 
 
 be destroyed or rendered incapable of the use whic h infringed his rights (see Article 25, Trademark 
Law). At the request of the injured party, the equi pment and material used unl awfully to reproduce and 
affix the trademark or appellation of origin concer ned shall be prohibited fro m use with that purpose. 
Stocks of infringing signs reproducing the trademark or appellation of origin shall be destroyed and 
trademarks or appellations unlawfully affixed to pro ducts shall be removed, even if that led to the 
destruction of the products. In accordance with  Article 25 (2) of the Law on Trademarks and 
Appellations of Origin, if the simple removal of th e mark does not exclude th e possibility of misleading 
the consumers, the products shall be destroyed.  
199. The representative of Moldova added that for copyright piracy such measures include the 
seizure of infringing copies of works or phonograms or the materials and the equipment used for their 
manufacture and reproduction. Article 51(3) of the Code on Administrative Contravention provides 
fines of 10-75 times the minimum salary and confi scation of goods illegally acquired. In addition, 
Article 38(8) of the Copyright Law provides fo r confiscation of the goods involved. The present 
legislation establishes measures of criminal res ponsibility for the international infringement of 
copyrights and related rights, which caused considerable  material damages. The judicial authorities, at 
the request of the right holders will undertake measu res immediately after customs clearance of such 
goods according to Article 51 of the Administrativ e Contravention Code and Article 141 of the 
Criminal Code. 
-  Provisional Measures 
200. The representative of Moldova informed member s of the Working Party that according to 
present legislation, respectively Chapter 13, Articles 135-142 of the Civil Procedure Code, the judicial 
authority may undertake measures to issue an injunction,  if the participants at the dispute request so. 
The issue of an injunction is permitted at any st age of the process. The infringement of rights is 
sanctioned with a penalty of ten to twenty five mini mum salaries. The plaintiff has the right to ask the 
redress of damages caused by the to issue the inj unction.. Appeals may be la unched regarding all the 
resolutions related to the issue of the injunction.  In conformity with Article 142, the redress of 
damages caused by the issue of the i ssuance of the injunction is permitted. 
201. He also noted that provisional measures are obtained by written application from the injured 
party or the public prosecutor to the court or the ar bitration body requesting su ch measures. Provisional 
measures include: (i) order to th e infringing party to stop the manuf acture, reproduction,  sale, rental, 
import, etc. of infringing objects until the court or th e arbitration body has decided the case; (ii) seizure 
of infringing objects; (iii) seizure of materials and equipment used to  produce the infringing objects; (iv) 
seizure of accounts and other documentation that  may be used as evidence in the inquiry.  WT/ACC/SPEC/MOL/4/Rev.3 
Page 86  
 
 -  Any Administrative Procedures and Remedies  
202. In response to questions from members of the Working Party, representa tive of Moldova stated 
that Article 51(3) of the Code on Administrative Contrave ntion’s provides for fi nes of 10-75 minimum 
salaries and confiscation of goods in cases of violation of an exclusiv e industrial right. Article 152(2) of 
the same Code provides for a fine of 15 to 25 mini mum salaries and confiscation of goods in cases of 
false utilisation of trademarks. 
-  Special Border Measures 
203. The representative of Moldova st ated that adoption of appropr iate standards was foreseen 
concerning the procedures allowing the right holder to request the competent customs authorities to 
withhold the release into circulation of materials,  which infringe the intellectual property rights.  
204. In response to requests for more information,  the representative of Moldova stated that  a New 
Customs Code was presently before Parliament and was expected to be adopted by the end of July 
2000. no indication of the time frame for adoption of provisions on border meas ures may be made. A 
draft law on border enforcement measures has been  submitted to Parliament in the form of an 
amendment of the Customs Code. Pre sently, a new Customs Code is being elaborated The draft 
Customs Code had provisions that reflect fully Part III Section 4 of TRIPs. 
-  Criminal Procedures 
205. The representative of Moldova added that Ar ticles 34 and 35 of the Law on Patents for 
Invention define the acts that are subject to Penal and Civil Code in the form of imprisonment of up to 
two years (Article 34) with an alternative punishment  in the form of a penalty, or the penalty only 
(Article 35). They also prescribe compensation for dama ges caused to the right holder for lost profit and 
for the liquidation of the goods or transfer of them to  the patent owner. Other measures are provided by 
the Law on the Protection of Consumer Right no. 1453 of May 25, 1993 as well as by the following 
Articles of the Penal Code: 
- 122 - misappropriation of the ow ner's property by swindle;; 
- 141 - infringement of inventor's rights; 
- 141 - copyright infringement; 
- 141 - infringement of the right s of the owner related to i ndustrial property objects;  
- 158 - counterfeiting. 
206. Some members of the Working Party asked for information on the criminal procedures and 
penalties applicable to the unlawful utilisation of trademarks.  In cases of criminal procedures and  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 87 
 
 
 penalties applicable to the unlawful  utilisation of trademarks, as provid ed by Article 158 of the Criminal 
Code, the procedures in these cases are the same as for ordinary criminal offences. 
207. Pursuant to Article 38(12) of the Copyright La w, a person committing a deliberate infringement 
of a copyright or neighbouring rights for gain and ha ving caused considerable prejudice to the holder of 
the right is liable to a term of im prisonment of one to three years or/and to a fine of 100 - 1000 times the 
minimum salary.  
208. The representative of Moldova stated that Mol dova would comply with all the provisions of 
the Agreement on Trade-Related Aspects of Inte llectual Property Rights from the date of accession to 
the WTO without recourse to any transitional period. The Working Party took note of this commitment.  
VII.  POLICIES AFFECTING TRADE IN SERVICES 
209. The Government of the Republic of Moldova provid ed the description of the service regime in 
the Memorandum on the Foreign Trade circulated in document WT/ACC/MOL/2. Moldova entered into 
bilateral negotiations on mark et access in services, on the basis of the offer circulated to Working Party 
in document WT/ACC/SPEC/MOL/5/Rev.1 . The result of these negotiations is reproduced in the 
Schedule of Specific Commit ments on Services contained in Part II of the Annex to the Protocol of 
Accession of the Republic of Moldova.  
210. In response to requests for in formation, the representative of Moldova said that only limited 
data were available on Moldova's se rvices sector and its trade in se rvices. Many services had remained 
largely unregulated, particularly in  relation to any distinction betwee n domestic and foreign supply. He 
said that the new Law No. 332 of 26 March 1999 “O n Certain Types of Activities” authorized the 
following bodies specified in the Annex no.1 to issu e the licenses for engaging in certain types of 
activities. These licenses were issued only for engagi ng in the activities listed and did not establish any 
limitations on the quan tities of products. 
211. He said that more generally Moldovan laws  and regulations did not, for the most part, 
distinguish between trade in goods and services. The banking sector was open to foreign banks, which 
were allowed to set up subsidiaries, branches or representative offices. Every bank, domestic or 
foreign-owned, which was licensed in Moldova was allo wed to engage in financ ial leasing (A rticle 26, 
Law on Financial Institutions No. 550-XIII of July 21 1995). 
212. In response to requests for information, the re presentative of Moldova explained that although 
initially, the open competition for the supply of insu rance services was permitted, the amendment to the WT/ACC/SPEC/MOL/4/Rev.3 
Page 88  
 
 Law “On Insurance” of 20 June 1996, stipulated th at foreign insurance companies were allowed to 
operate in Moldova only as a joint venture with Mo ldovan partners. The foreign share in such joint 
venture is not limited. Every company supplying insura nce services had to obtain a license issued by the 
Ministry of Finance. The detailed rules governing the licensing requirements for insurance companies 
were contained in the Regulation "On the Issue of Licenses for Insurance Services" from 17 November 
1995. 
213. The representative of Moldova stated that the Law "On Financial Institutions” has defined the 
banking system of Moldova as including the Natio nal Bank of Moldova, co mmercial banks and other 
credit institutions. The notion of credit institutions covers legal persons and individuals that were 
involved in banking transactions. In 1991 a two-tier  is banking system with the National Bank of 
Moldova serving as the central bank. The activity of  the National Bank had been regulated by the Law 
"On the National Bank" No. 599-XII of June 11, 1991 (with amendments) and had been controlled by 
Parliament. Commercial banks duly licensed by the National Bank c ould open branches and regional 
offices throughout Moldova. The banking sector was open to foreign banks, whic h were allowed to set 
up subsidiaries, branches or represen tative offices. In banking joint ve ntures, the foreign partner had to 
be a bank, which contributed its  capital in foreign currency. 
VII.  INSTITUTIONAL BASE FOR TRADE AND ECONOMIC RELATIONS WITH 
THIRD COUNTRIES 
214. The representative of the Republic of Moldova st ated that Moldova had concluded a number of 
bilateral and multilateral agreements, which provid e the legal framework for the development of trade 
and economic relations between Mo ldova and its partners. These ag reements aimed at promoting, 
facilitating and developing commercial exchange s and economic cooperation, were based on the 
principles of equality and reciprocal advantage agre ements and re lated to foreign trade in goods and/or 
services. The Free Trade Agreement between the Republic of Azerbaijan, Armenia, Republic of 
Belarus, Georgia, Kyrgyz Republic, Republic of  Kazakstan, the Russian Federation, Ukraine, 
Republic of Uzbekistan, Republic of Tajikistan a nd the Republic of Moldova was signed on 15 April 
1994. From the date of signature, all Parties to the Agreement applied the Agreement on a provisional 
basis until the ratification procedures had been conc luded. The Agreement entered into force with 
respect to: Moldova, Kazakstan and Uzbekistan  on 30 December 1994, the Kyrgyz Republic on 28 
December 1995, for the Republic of Azerbaijan on 18 December 1996, for Tajikistan on 7 May 1997.  
On 2 April 1999, the Parties to the Agreement si gned the Protocol on Amendments and Supplements 
to the Agreement on the Creation of a Free-Trade Ar ea of 15 April 1994. This Protocol was subject to 
ratification by the Parties and would come into force on the date on which the third notification on  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 89 
 
 
 ratification is submitted to the Depositary. For a part y that completes its ratification procedures later, 
the Protocol would enter into force on the day wh en its notification is submitted. The free trade 
agreement contained provisions relating to trade in goods that are of relevance to the Members of the 
WTO. The Agreements establishes a free-trad e areas among the Republic of Moldova and the 
Republic of Azerbaijan, Armenia, Republic of Bela rus, Georgia, Republic of Kazakstan, Kyrgyz 
Republic, the Russian Federation, Ukraine, Republic of Uzbekistan, and the Republic of Tajikistan. A 
Free Trade Agreement has also been signed with Ro mania. All agreements are in accordance with 
Article XXIV of the GATT 1994 and the Understanding on the Interpre tation of Article XXIV. Duties 
and other restrictive regulations of commerce had been eliminated on substantially all trade between 
the signatories.  
215. In response to requests for information, the re presentative of Moldova said that the Agreement 
of Partnership and Cooperati on with the European Union had come into force on 1 July 1998.  The 
interim agreement did not contain any provisions with restrict Moldova's ability  regarding market access 
and national treatment for goods a nd services. Furthermore, Under th e Textiles and Clothing Agreement 
with the EU, Moldova textile and clothing products could enter the European  Union (EU) market 
without quota limitations. The Agreement also  provided the European Communities with 
non-discriminatory treatment in the application of  quantitative restrictions, the granting of lice nses and 
the allocation of currency needed to pay for imports. The representative of Moldova confirmed, that this 
non-discriminatory treatment was also availabl e to other WTO Members on an M.F.N. basis 
(Government Decision No. 689 of 8 November 1993, amend ed by Government Decision No.  421 of 20 
June 1995).  
222. T he representative of Moldova informed the memb ers of the Working Party that the preferential 
access for raw materials, including bottles and marked  packages, in connection with inward and outward 
processing had been extended to all countries. The detailed regulations gover ning the import of raw 
materials in connection with inward  and outward processing were set out  in Annex 4 of the Government 
Decision No. 777 of 1997.  
216. Some members of the Working Party recalled  Article XXIV of th e GATT 1994 permitted 
exceptions to Article I in the case of economic inte gration agreements provided that the conditions of 
Article XXIV and the respective Understanding were met. The members of the Working Party asked 
Moldova to ensure that a framewor k agreement towards the creation of  a custom union with several CIS 
countries would be consistent with  the WTO Agreement. In response,  the representative of Moldova 
stated that the Government of Moldova supporte d economic integration within the CIS. It was 
Moldova's intention to ensure that the customs union and the steps leading to it would be in conformity WT/ACC/SPEC/MOL/4/Rev.3 
Page 90  
 
 with the provisions of Article XXIV of the GATT 1994. Moldova woul d provide information 
concerning all its agreements in the format used by the WTO Committee on RTAs. 
217. Some members of the Working Party requested  information on the scope of the duty free 
treatment accorded in each agre ement; exceptions to the elimination of tariffs; and any special 
provisions concerning trade in services, investment, or movement of persons. In response the representative of Moldova stated that informati on on the free trade agreements signed with CIS 
countries and Romania was circulated to the members of th e Working Group in the document 
WT/ACC/MOL/28 . Some members of the Working Party al so requested a sche dule describing the 
state of all preferential agreements presently held  by Moldova, and a descrip tion of their compatibility 
with the relevant provisions of the WTO Agreement. In response, the re
presentative of Moldova 
stated that it would observe all WTO provisions, including those of Article XXIV of the GATT 1994 
and Article V of the GATS in its trade agreements, and would ensure the notification of the provisions 
of these agreements to the WTO.  The requested detailed information requested was under preparation.  
218. The representative of Moldova said that Moldova would observe all WTO provisions, 
including those of Article XXIV of the GATT 1994 and Article V of the GATS in the trade 
agreements, and would ensure that the provisions of these  WTO Agreements for notification, 
consultation and other requireme nts concerning free trade areas and customs unions of which 
Moldova was a member were met from the date of  accession. He confirmed that Moldova would, 
within 6 months after accession, submit notifications and copies of its Free Trade Area and Customs 
Union Agreements to the Committee on Regional Trad e Agreements (CRTAs). He further confirmed 
that these Agreements would be consistent with the provisions of the WTO and would, in any case, be 
notified to the CRTA during its examination of the same. The Working Party took note of this commitment. 
- Transparency - Publication of Information on Trade in goods and services 
219. Some members of the Working Party request ed the information concerning the special 
information facility outlined in Ar ticle 21 of the Law “On Foreign Tr ade Activity”. In response the 
representative of Moldova stated th e special trade informat ion facility outlined in Article 21 of the Law 
“On Foreign Trade Activity” had been activated w ithin the Ministry of Economy and Reforms.  
220. The representative of Moldova said that Mo ldova would implement the transparency 
requirements of Article X of the GATT 1994. All the relevant laws and regula tions as described in  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 91 
 
 
 Article X of the GATT 1994 would be published pr omptly in "Monitorul Oficial al Republicii 
Moldova" which was main publication for this purpo se. Other decisions or regulations in specific 
areas were published in specialized newspapers or magazines. According to Article 76 of Moldova’s 
Constitution “laws shall be published in the “Monitoru l Oficial” of the Republic of Moldova and shall 
come into force either on its publication date or on the date mentioned in its original text. Unless 
published, the law is nonexistent.” 
221. Some members of the Working Party requested information on how Moldova would be able 
to fully apply the transparency requirements of the GATS, including GATS Article III. In response, 
the representative of Moldova stated that Governmental Decision No. 1104 of 28 November 1997 provided that all laws, governmental decisions and other legal documents would enter into force only 
after their publication thus ensuring compliance wi th Article III (1) of GATS. The information center 
that would be established at the Ministry of Economy and Reforms could serve as a central GATS 
inquiry point. Other similar inquiry points woul d be established in other governmental institutions, 
such as the Ministry of Finance, National Bank, Ministry of Transport and Communications thus 
ensuring compliance with paragraphs 3 and 4 of Artic le III of GATS. In addition the representative of 
Moldova confirmed that it would undertake all necessar y measures to ensure full application of other 
transparency requirements of the GATS, including GATS Article III.  
-  Notifications 
222. The representative of Moldova stated that a sche dule on notifications required by Agreements 
constituting part of the WTO Agreement had be en submitted in document WT/ACC/SPEC/MOL/6 
with information about deadlines of all notifica tions required upon accession and immediately after 
accession.  Any regulations subsequently enacted by Moldova which gave effect to the laws enacted 
to implement any Agreement constituting part of the WTO Agreement would also conform to the 
requirements of that Agreement.  The Work ing Party took note of this commitment.  
- Conclusions  
223. The Working Party took note of the explanations and statements of Moldova concerning its 
foreign trade regime, as reflected in this report.  The Working Party took note of the commitments 
given by Moldova in relation to certain specific ma tters, which are reproduced in paragraphs 28, 31, 
46, 52, 62, 64, 73, 82, 89, 93, 95, 97, 104, 108, 129, 130, 135, 139, 143, 145, 149, 208, 218 and 222 of 
this Report. The Working Party took note that these commitments had been incorporated in paragraph 
2 of the Protocol of Accession of Moldova to the WTO. WT/ACC/SPEC/MOL/4/Rev.3 
Page 92  
 
 224. Having carried out the examination of the foreign trade regime of Moldova and in the light of 
the explanations, commitments and concessions made  by the representative of Moldova, the Working 
Party reached the conclusion that Moldova be invited to accede to the Marrakech Agreement 
Establishing the WTO under the provisions of Article XII. For this purpose, the Working Party has prepared the draft Decision and Protocol of Accessi on reproduced in the Appendix to this report, and 
takes note of Moldova's Schedule of Specific Commitments on Services (document 
WT/ACC/MOL/…/Add.1) and its Schedule of C oncessions and Commitments on Goods (document 
WT/ACC/MOL/…/Add.2) that are annexed to the Prot ocol. It is proposed that the General Council 
adopt these texts when it adopts the Report. When the Decision is adopted, the Protocol of Accession 
would be open for acceptance by Moldova, which woul d become a Member thirty days after it accepts 
the said Protocol. The Working Party agreed, therefor e, that it had completed its work concerning the 
negotiations for the accession of Moldova to th e Marrakech Agreement Establishing the WTO.  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 93 
 
 
 ANNEX I 
Type of activities, needing license authorization  
 
Ministry of Economy and Reforms:  
- organization of external tourism; 
- collection of technical remnants, containing non-ferrous materials; 
- organization of stock exchange trade; 
- the exercise of functions of administrato r of contesting procedure and administrator 
of re-organizing procedure. 
 
The Treasury:  
- audit activity; 
- activity in the field of insurance; 
- Lombard functioning; 
- organization and undertaking lotteries; 
- maintaining casinos, exploitation of game m achines with money gains, staking in 
sports and other types of contests; 
- activity, linked to state marking of articl es, made of precious metals and precious 
jewels and activity with precious  metals and precious jewels; 
- import and wholesale commercialization of spirits; 
- import and wholesale commercialization of tobacco items; 
- import and wholesale commercialization of fuel and petrol; 
- activity of economy and citizens’ loaning associations; 
- activity of customs free deposits. 
 
The Ministry of Industry and Trade:  
- fabrication of chemical products, chemical  articles and products of house usage. 
- the wholesale trade with goods of large usage; 
- The Ministry of Agriculture and Processing Industry: 
- production and commercialization with repr oduction, planting, backiferous and 
vineyard materials;  
- production and commercialization with vege table seeds, pumpkin crops, potatoes and 
plain crops; 
- projecting the fruit-growing, backiferous plantations and vineyard; 
- production for the commercialization of bi ologic material of bovine, pork, sheep, 
chicken, horses and fish; 
- up-bringing of reproduction bovine, destined to commercialization; 
- importation and commercialization of chemical and biological substances, as well as 
of stimulators of plants growth; 
- fabrication of biological substances, as well as of stimulators of plants growth; 
- production, stocking and wholesale commercia lization or just only stocking and 
wholesale commercialization with spirits, including ethyl drinks and beer; 
- processing of tobacco, production of tobacco items, wholesale commercialization, 
including tobacco export. 
 WT/ACC/SPEC/MOL/4/Rev.3 
Page 94  
 
 The Ministry of Transports and Communications: 
 
- exploitation of auto transport for passenge r traffics (with the exception of routes 
within the city radius); 
- exploitation of specialized auto transport, destined to the transportation of toxic, 
explosive, and flammable substances (after  a coordination with the Department of 
Standards, Metrology and Technical Assi stance and the Department of Civil 
Protection and Emergency Cases, and in some cases, with the institutions on sanitary control); 
- elaboration, assembly, installation, technical  maintenance of television networks by a 
cable or posts (stations) of radio diffusion  and television by a radio-electric way; 
- functioning of television networks by a cable  or posts (stations) of radio diffusion and 
television by a radio-electric way (technical licenses); 
- offering express postal services regarding registered parcels; 
- commercialization and exploitation of tel ecommunication, postal and informatics 
equipment (type-authorizations). 
 
The Ministry of Labour, Social and Family Protection:  
- organization of provisional abroad employment of citizens of the Republic of 
Moldova, as well as the placement in the s phere of labour of citizens within the 
territory of the Republic of Moldova. 
 The Ministry of Health:  
- the development of pharmaceutics activity; 
- supplying technical assistance (with the exception of some activities, practiced 
exclusively by state enterprises, organizations and institutions); 
- researches, applied in the field of genetics and microbiology; 
- fabrication, commercialization, purchase and custody of radioactive substances, 
applied in medicine; 
- fabrication, commercialization, technical assistance, repairs and verification of 
technical and optic medicine articles; 
- usage of potentially toxic substances, of chemical and biological ones, applied in 
medicine. 
 The Ministry of Education and Science: 
 
- the establishment of educational instituti ons, of re-qualification and improvement 
institutions and courses. 
 The Ministry of Culture:  
- organization of archeological projecting research works; 
- elaboration of projects and the execution of conserving, restoring and valuation works 
concerning historical monuments; 
- commercialization with goods with artistic  value and with antiquarian things. 
 
The Ministry of Justice: 
 
- supplying juridical assistance; 
- undertaking judiciary expertise; 
- Notary activity.  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 95 
 
 
  
The Ministry of Home Affairs:  
- the use of explosive substances, explosive and pyrotechnic means; 
- repairs of sports and hunting weapons; 
- private detective activity; 
- instruction on different types and sorts of  body-to-body wrestling, including on martial 
arts; 
- commercialization of different types of wea pons and equipment (exclusive licensing of 
state enterprises); 
- instruction and re-cycling of drivers of auto transport means; 
- security insurance and protection activity; 
- seals fabrication; 
- import, export and re-export of w eapons and respective equipment. 
 
The Ministry of National Security: 
 
- elaboration, production and commercializati on of ciphering technology, technical and 
prophylactic assistance of ciphering means and of other special means for the custody, 
processing, transmission, interception and re gistration of the information, for the 
insurance of its authenticity, and offering ciphering services; 
- the cryptographic and technical-engineering protection of information, cryptoalgorithms 
and cryptographic analysis; 
- special revisions of technical means and equipment aiming at the protection against the 
drain of information by technical channels; 
- elaboration of ciphers; 
- preparation of specialists in the field of cryptography. 
 The Ministry of Environment:  
- the usage and processing of remnants (except the technical remnants, containing non-
ferrous metals, the collection of which is licensed by the Ministry of Economy and 
Reforms); 
- the usage of natural resources (the collec tion and commercialization of spontaneous 
plants, including medical plants, animal chase, except hunting fauna, acquisition of animals, not constituting hunting and fishing objects (snails, snakes, frogs etc., the 
industrial fishing in natural water pools); 
- undertaking evaluative study of the impact upon the environment and the ecological audit 
undertaking; 
- the practice of technologies of separating the components of the atmospheric air; 
- hydro-meteorological observations. 
 The Ministry of Territory, Buildings and Communal Farms Development:  
 
- works on projecting all categories of constr uctions, including rec onstruction, general 
repairs, consolidating, mode rnization and restoration; 
-
 execution of works of constructing-assembling, rebuilding, general repairs, modernization 
and restoration for all categories of construc tions, including technical networks and those 
of public utility; 
- activity concerning the production of materials and building items. 
 WT/ACC/SPEC/MOL/4/Rev.3 
Page 96  
 
 The Department of Standards, Metrology and Technical Assistance: 
 
- construction, assembly (incl uding regulation), exploitati on and repairs of objects from 
mining industries, from the sectors with flammable and deflagration dangers, of objects to be deposed and the manipulation within them with substances, able to create deflagrant 
messes of dust and air or of steam, of gas alimentation systems, of lifting installations, of 
boilers, recipients, functioning under pressure  as well as of steam and hot water conducts 
(in case of necessity, there will be a coordinati on with the Department of Civil Protection 
and Emergency Cases); 
- fabrication, assembly (including regulation) and repairs of the chemical, mineral, anti-
deflagrant and electric/thermal/energetic equipment; 
- custody and usage of explosive industrial materials (in common agreement with the 
Minister of Home Affaires); 
- exploitation of useful mineral resources (with the exception of those of large extension); 
- the expertise of industrial products’(objects’) security, including the underground and 
electric/thermal/energetic works; 
- fabrication, repairs, verification, calib ration, experimentation, exploitation and 
commercialization of measuring means; 
- the usage of underground with other purposes than the extraction of useful mineral 
resources; 
- execution of drilling works (except the technical building prospects); 
- exploitation of sources and the bottlin g of mineral and potable waters; 
- import, usage, deposit, commercialization of chemical reagents, liquid gases and of 
chemically toxic substances (materials) and those, dange rous of being deflagarant; 
- deposit of fuel and lubricant materials (after a coordination with the Department of Civil 
Protection and Emergency Cases); 
- exploitation of petrol and gas alimentation stations (after a coordination with the 
Department of Civil Protection and Emergency Cases); 
- import, export, produc tion and internal consume of s ubstances, destroying the ozone 
stratum, regulated by the Montreal Protocol, as well as of products, containing the regulated substances; 
- import, custody, exploitation and usage of ioni zed radiation sources of reagent materials. 
 
The Department of Civil Protection and Emergency Cases:  
- functioning of buildings, cons tructions, production establishments, the characteristics of 
which can generate fires or explosi ons and of other congested objectives; 
- drafting, assembly, regulation and the technical assistance of automatic systems of fire 
prevention within the economical unites; 
- certification and research of flammable and fire stimulation properties of substances, 
materials, articles of equipment and buildings  in accordance with the rules of the national 
certification system; 
- creation of a department service of fire br igades within enterpri ses of civil protection 
services formations (military, militarized, specialized, territorial, etc.); 
- fabrication of techniques of emergency intervention in case of fire, of technical equipment 
for fire putting out, of fire protection means,  of means and equipment for undertaking of 
operative works of salvation – de-blocking; 
- transportation of regent materials; 
- implementation of techniques of prevention and intervention in emergency situations; 
- drafting and serving the systems of prevention and intervention of emergency situations, 
of establishments of civil protection and of systems of vital insurance; 
- instruction and briefness in the field of civil protection. 
  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 97 
 
 
 The State Commission for the Ma rket with Security Papers: 
 
- professional activity with security papers; 
- activity of the Security Market; 
- activity of investments funds. 
 
The District Executive Committees and the Municipal Mayoralties: 
 
- activity in the field of trade by detail and public alimentation; 
- commercialization by detail with alcoholic production; 
- commercialization by detail with tobacco items; 
- passengers transportation in urban traffic, including taximeters; 
- exploitation of useful mineral resources of large extension. 
 The National Agency for Survey, Land Resources and Geodesy: 
 
- topogeodesic and cartographic works upon the technical prospects of different types of 
activities and technical complex prospects in constructions; 
- activities linked to the field of the general la nd survey, the elaboration of organizational 
projects of the territory and the ground evaluation; 
- undertaking of equipment and estima tion works of the immobile goods. 
 
The Coordinating Council of the Audiovisual:  
- radio emissions; 
- TV programmes. 
 
The National Agency for the Regulation in Energetic:  
- production transportation, dispatch, distributi on and furnishing of electric energy in 
regulated and non-regulated tariffs; 
- production, distribution and furnishing of the thermal energy; 
- production, stocking, transpor tation, distribution and furnishing of natural gases of 
regulated and non-regulated tariffs. 
 WT/ACC/SPEC/MOL/4/Rev.3 
Page 98  
 
 APPENDIX I 
 
ACCESSION OF MOLDOVA 
 
Draft Decision
 
 
 The General Council, 
 Having regard  to the results of the negotiations di rected towards the establishment of the 
terms of accession of the Republic of Moldova to  the Marrakech Agreement Establishing the World 
Trade Organization and having prepared a Protocol for the Accession of Moldova, 
 Decides , in accordance with Article XII of the Ma rrakech Agreement Establishing the World 
Trade Organization that the Republic of Mol dova may accede to the Marrakech Agreement 
Establishing the World Trade Organization on the terms set out in the said Protocol. 
  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 99 
 
 
 Draft  
 
PROTOCOL OF ACCESSION OF MOLDOVA 
TO THE MARRAKESH AGREEMENT ESTABLISHING THE 
WORLD TRADE ORGANIZATION  
 
 The World Trade Organization (hereinafter referred to as the "WTO"), pursuant to the 
approval of the General Council of the WTO accord ed under Article XII of the Marrakech Agreement 
Establishing the World Trade Organization (hereina fter referred to as "WTO Agreement"), and the 
Republic of Moldova (hereinaft er referred to as "Moldova"),  
Taking note  of the Report of the Working Party on the Accession of Moldova to the WTO in 
document WT/ACC/MOL/.... (hereinafter referred to as the "Working Party Report"), 
 Having regard  to the results of the negotiations on the accession of Moldova to the WTO, 
Agree  as follows: 
 
Part I - General  
1. Upon entry into force of this Protocol, Mo ldova accedes to the WTO Agreement pursuant to 
Article XII of that Agreement and thereby becomes a Member of the WTO. 
2. The WTO Agreement to which Moldova accedes shall be the WTO Agreement as rectified, 
amended or otherwise modified by such legal inst ruments as may have entered into force before the 
date of entry into force of this Protocol. This Protocol, which shall include the commitments referred 
to in paragraph 223 of the Working Party Report, shall be an integral part of the WTO Agreement. 
3. Except as otherwise provided for in the paragraphs referred to in paragraph 223 of the 
Working Party Report, those obligations in the Multilateral Trade Agreemen ts annexed to the WTO 
Agreement that are to be implemented over a period of  time starting with the entry into force of that 
Agreement shall be implemented by Moldova as if it had accepted that Agreement on the date of its 
entry into force. 
4. Moldova may maintain a measure inconsistent with paragraph 1 of Article II of the GATS 
provided that such a measure is recorded in the list of Article II Exemptions annexed to this Protocol 
and meets the conditions of the Annex to the GATS on Article II Exemptions. 
 WT/ACC/SPEC/MOL/4/Rev.3 
Page 100  
 
 Part II - Schedules
 
5. The Schedules annexed to this Protocol sh all become the schedule of Concessions and 
Commitments annexed to the General Agreement on Tariffs and Trade 1994 (hereinafter referred to 
as the "GATT 1994") and the Schedule of Specific Commitments annexed to the General Agreement 
on Trade in Services (hereinafter referred to as "GATS") relating to Moldova. The staging of 
concessions and commitments listed in the Schedu les shall be implemented as specified in the 
relevant parts of the respective Schedules. 
6. For the purpose of the reference in paragraph 6( a) of Article II of the GATT 1994 to the date 
of that Agreement, the applicable date in resp ect of the Schedules of Concessions and Commitments 
annexed to this Protocol shall be the date  of entry into force of this Protocol. 
 
Part III - Final Provisions  
7.  This Protocol shall be open for acceptance, by signature or otherwise, by Moldova 
until […………………….. ].  
8. This Protocol shall enter into force on the th irtieth day following the day of its acceptance. 
9. This Protocol shall be deposited with the Dir ector-General of the WTO. The Director-General 
of the WTO shall promptly furnish a certified copy of this Protocol and a notification of acceptance 
thereto pursuant to paragraph 7 to each member of the WTO and Moldova. 
10. This Protocol shall be registered in accord ance with the provisions of Article 102 of the 
Charter of the United Nations. 
 Done at Geneva this ... day of .... two thousand , in a single copy in the English, French and 
Spanish languages each text being authentic, except th at a Schedule annexed hereto may specify that 
it is authentic in only one or more of these languages. 
  WT/ACC/SPEC/MOL/4/Rev.3 
 Page 101 
 
 
 ANNEX 
SCHEDULE –  THE REPUBLIC OF MOLDOVA 
 
Part I - Goods 
[to be completed] 
 
Part II - Services 
[to be completed] 
 
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