RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/SPEC/MOL/4/Rev.2  
20 October 1999 
 (99-4539) 
Working Party on the  
Accession of Moldova  
 
 
 
DRAFT REPORT OF THE WORKING PARTY  
ON THE ACCESSION OF MOLDOVA  
 
Revision  
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, and [   ] 1999 
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 a nd 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 Epidemiol ogical Protection of the Populatio n" - No.1513-XII of 16 June 
1993; 
- Law "On Foreign Investments" - No. 998–XII of 1 April 1992; 
- Laws "On Amendments to the Law on Forei gn Investments" - No. 197-XIII of 27 July1994, 
No. 92-XIII of 11 May1994, No. 321–XII of 13 December 1994; WT/ACC/SPEC/MOL/4/Rev.2 
Page 2  
 
- Law "On the Government " - No. 64-XII of 31 May 1990; 
- Law "On Export and Import Regul ation 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 Ac tivity" - 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 Limi tation and Development of Co mpetition" - 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 Fore igners and Persons without C itizenship 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; 
- Law “On Privatization Programme for 1997-1998” - No. 1217-XIII of 25 June 1997, 
(amended by Laws No.1566-XIII of 26 Februa ry 1998; No.187-XIII of 6 November 1998; 
No.237-XIV of 23 December 1998; No. 239-XI V 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-Busin ess-Chisinau" - No. 625-XIII of 3 November 
1995, amended by 1517-XIII of 18 February 1998.  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 3 
 
 
- Law and Agreements on local authorities  
 
- Law On the Legal Status of Gagauzia (G agauz-Yeri) - No. 344-XIII of 23 December 1994; 
- Memorandum on the Basis for Normalization of Relations between the Republic of Moldova 
and Transnistria signed in Moscow on 8 May 1997; 
- Agreement on the organizational basis of social-economical coll aboration between the Republic 
of Moldova and Transnistria 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 November  1995 "On preventing the important illicit 
marketing of chemical and biologica l products 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 June 1993 "On the Approval of General Provisions On the 
Structure of Expenses On Production and Realiza tion of Goods (Works, Se rvices), Included in 
its Cost Price 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 A ugust 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 Dece mber 1997 “On Optimization of Control 
Services Activity at State Customs”, amende d by Governmental Decisions No.168 of 16 
February 1998; No. 112 2 February 1999; 
- Government Decision No. 760 of 10 November  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 A ugust 1998 “On Improving the Mechanism of 
Regulating Foreign Trade (Import Licensing)”a mended by the Government Decision No. 76 
of 22 January 1998 and Government Decision No. 716 of 30 June 1998; 
- Government Decision No. 697 of 10 October 1995 “On Establishment of State Services of 
Phytosanitary Quarantine”, with amendments; 
- Penal Code Art. 141 "Violation of copyright",  Art. 512 "Violation of property right on 
intellectual property"; 
- Governmental Decision No. 659 of 15 Septembe r 1994 "On Issue and Turnover of Bills"; 
- Governmental Decision No.719 of 23 Septembe r 1994 "On Ministry of Telecommunications 
and Informatics"; 
- Governmental Decision No. 363 of 25 June 1996 “O n the Organization of Standardization and 
Metrology Activities”;  
- Governmental Decision No. 713 of 23 October 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"; WT/ACC/SPEC/MOL/4/Rev.2 
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- Governmental Decision No. 524 of 24 July 1995 "O n the administration on a collective basis of 
patrimonial rights of holde rs of neighboring rights"; 
- Governmental Decision "On the accession to the World Convention on Copyright" (6 Sep. 
1952); 
- Governmental Decision "On the accession to th e Convention for the Protection of Performers, 
Producers of Phonograms and Broad casting 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 Statute 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 Applica tions for the Registration of Utility Models; 
- Instructions on Compiling and Filing of Applica tions for the Registration of Trademarks and 
Service Marks; 
- Instructions on Compiling and Filing of Applica tions for the Registration of Applications of 
Origin of Goods; 
- Instructions for the Application of the Provisiona l Statute for Industrial Property Protection in 
Moldova Concerning Inventions on which the Patent on the Responsibility of the Applicator is 
Requested and Instruction for the Application of the Provisional Statute for Industrial Property 
Protection in Moldova Concerning Industrial Designs; 
- Instructive-methodical indi cations of the Ministry of Finance regarding to State sanitary control 
of imported food produc ts and raw materials, No.3177-84;  
- Medico-biological requirements a nd sanitary rates with regard to imported food products and 
raw materials,  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 Sept ember 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 permit ted on the basis of manuf acturer's declaration; 
- Annex 5 to the Law No. 390-XIII of 15 March 1995 “On the State Privatization Programme for 
1995-1996”; 
- Import Customs Tariff of the Republic of Moldova; 
- 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 Consumer Ri ghts Protection No. 153-XII of 25 May 19993; 
- Draft Law on Technical Barriers to Trade; 
- Draft Amendments to the Law on the Protecti on 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 Deci sion No. 697 of 10 October 1995 “On Supplement 
to the Statute of the State Serv ices on Phytosanitary Quarantine”.  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 5 
 
 
 
- Free Trade Agreements and other Agreements:  
 
- Armenia; 
- Azerbaijan; 
- Belarus; 
- Kazakstan; 
- Kyrgyz Republic; 
- Romania; 
- Russian Federation; 
- Turkmenistan; 
- Ukraine; 
- Uzbekistan; 
- Trade Agreement Between the Government of th e Republic of Moldova and the Government of 
the Islamic Republic of Iran; 
- Moldova-European Community In terim Agreement On Commerce  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, in itialed 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, 
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 WT/ACC/SPEC/MOL/4/Rev.2 
Page 6  
 
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 
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  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 7 
 
 
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 from the Budget and from beneficiaries of State guarantees. In 1997 
MLD 75 million had been issued as internal gua rantees and US$9 million as external ones. In 1998 
the amount of MLD 100 million has been issued as internal guarantees and the amount of US$39 
million as external guarantees for the EBRD loans. It was expected that with the ongoing privatization 
of the energy sector, the contributions of the Bu dget to the Risk Fund would be phased out. The 
issuance of the State guarantees was not linke d to export performance or import substitution 
requirements. 
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 weak public finances, a problematic energy sector, and the fall of the Russian market produced an acute ec onomic 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 arrears and budget financing coming only through central 
bank credit. The economic growth had again turned  negative in 1998, dropping by 8.5 per cent and 
stood at MDL 8,804 million, largely because of the sev ere 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 fi rst 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 WT/ACC/SPEC/MOL/4/Rev.2 
Page 8  
 
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 infl ationary 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 debt arrears, and create a stable and credible policy 
environment to restore confidence and growth. Th e 1999 budget that was approved by the Parliament 
in December 1998 called for spending cuts in all major areas. It met the IMF’s fiscal austerity 
requirements, and opened the way for resuming IMF funding. In January 1999 the IMF released a 
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 programme 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 MD L 1.23 billion, and the volume of lending that goes 
directly to the national economy by 18 per cent to th e level of MDL 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. The 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 expect ed to rise again with disbursement of $35 million 
from the World Bank. The low levels of reserv es would force the NBM to continue its non-
intervention policy, and its relative inability to protect the MDL against further pressure. Since 
reaching its low point in December 1998, the MDL had succeeded in remaining relatively stable through January and Februa ry 1999. Nevertheless in March one c ould observe the cash exchange rate 
to decline much faster than the official rate, plunging to MDL 10.3 per US$1. This 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.   WT/ACC/SPEC/MOL/4/Rev.2 
 Page 9 
 
 
12. The representative of Moldova further noted that  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 G azprom). However, further external financing was 
essential, and Moldova was seeking alternative s ources 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 prog ramme suspended 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 
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 programme 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. WT/ACC/SPEC/MOL/4/Rev.2 
Page 10  
 
- 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 Mold ova and offers tax and customs incentives precisely defined. 
16. The representative of Moldova said that be sides the legi slation concerning foreign 
investments, companies with foreign capital and foreign investors were subject to legislation concerning relations with local natural and juridical persons and to international conventions norms of which one part is the Republic of Mo ldova and the other countries related to Moldova 
by agreements on investments mutual protection. The material values envisioned in Article 3 of 
the Law “On Foreign Investment”, in the fo rm of contribution to the formation and 
enlargement 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, the company ha d to pay entirely the customs dut ies 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 value of goods. Th e 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 stimulating 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 duties; 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 investments 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) companies with foreign investments exceeding US$1 million w ere 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 development; e) foreign investors were guaranteed  repatriation of their own profits and capital. 
The above mentioned facilities covered the invest ments made prior to 1 January 2000. However, 
the application of these measures was hamp ered by the present economic crisis.   WT/ACC/SPEC/MOL/4/Rev.2 
 Page 11 
 
 
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 individua l 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 incompatible with WTO Ag reements. 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 
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 propose, 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 WT/ACC/SPEC/MOL/4/Rev.2 
Page 12  
 
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. 
- State ownership and privatization 
20. The representative of Moldova said that  Moldova initiated its programme of on 
privatization in 1993 – 1994 adopted by Law no.1 333 –XII from 12 March 1994. In the first two 
years, 577 large, medium and small size enterpri ses were privatized, along with about half the 
state buildings. Around 800 thousand  citizens of the Republic of Moldova participated in this 
endeavor. As the programme was not complete d in 1994,  a further draft programme for 
privatization was presented for 1995-1996. Th is second phase contemplated a deeper 
privatization, including the comprehensive privat ization for patrimonial shares; an increase in 
private property owners and importance of the private sector, restructu ring of the economy, 
development of capital markets and infrastructure; a new system of organizing companies and 
other laws to protect owners rights. By 1996, this plan had achieved number objectives – 
circulation of the wealth accruing to privatizatio n, creation of stock market and liberalization of 
real estate ownership. At the end of this period the private sector prevailed in the economy, 
accounting for 60 per cent of industrial produc tion, 70 per cent of the services supplied in the 
retailed sales, the social services and 44 per cent of the bulk works in building and transports. Over 74 per cent of the total number of enterprises including 93 per cent of enterprises processing agricultural raw materials, 82 per cent of the light industry, 95 per cent of trade and social services have been privatized.  Almost  one million citizens owned private land.   WT/ACC/SPEC/MOL/4/Rev.2 
 Page 13 
 
 
21. He further added that during the process of privatization, the citizens of the Republic of 
Moldova had been given free access to privatizatio n directly or by intermediary of investment 
funds, fiduciary companies, created specially for this purpose (in total 53). With the contribution 
of these institutions there have been invested around 2/3 of patr imonial shares and a patrimony of 
value of more than MDL 1.2 billion had been privatized.  Most recently, a system of republican bids was established with shares subscription which consisted of the Republican Center of 
Calculation, two centers of intr oduction of data, 115 points for collection of requests, placed 
uniformly on the territory of the Republic of Mo ldova. The system allowe d the citizen s 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 fr om the part of organizers and 
participants at bids.  In this way around 1.1 thousand enterprises,  which constituted 90 per cent of 
all enterprises subject to privatization had been privatized.  
22. The representative of Moldova said that th e Law “On Privatization Programme for 1999-
2000”, extended the Privatization Programme for 1997-1998. The Privatization Programme 1999-
2000  covered, with limited exceptions,  all sectors and branches of the economy. Enterprises 
scheduled for total privatization were from the follo wing industries: textiles and garments, electronics, 
machine building, chemical a nd furniture manufacture, leather goods, foodstuff and package 
producing enterprises, as well as hotels, shops, restau rants, stores, gas stations, cafeterias were. The 
representative of Moldova st ated that there ar e no specific conditions for foreign investors concerning 
participation in privatization programme other than th ose applied for domestic investors. Foreign natural 
and legal persons were eligible to part icipate in the Priv atization Programme.  In response to 
questions, the representative of Moldova noted th at the Law did provide in Article 9 that 
certain types of firms could not be privatized, such as objects intended for keeping the State reserves values, mobilization reserv es, wine factory deposits, and firms which constituted the 
national patrimony were not subject to privatizat ion. Other sectors not subject to privatization 
included air and railway transportation, educatio n system and health systems.  He noted, 
however, that the Government of Moldova may at a later date decide to subject those sectors 
identified above to privatization.  
23. In response to further questions concerning the distinction between "privatized firms" 
and "privatized objects", the representative of Moldova stated that privatized objects were 
assets previously attached to state owned enterp rises, but unrelated to the core activity of the 
enterprises.  Such objects - for example laundr ies, schools, recreation 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 th e core activities became privatized firms.   WT/ACC/SPEC/MOL/4/Rev.2 
Page 14  
 
 
24. In response to questions from members of the Working Party, t he representative of 
Moldova stated that a sp ecial regime existed for the privatization 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. Fo reigners could purchase land except for agriculture land and forestry 
land. The Law “On normative price and procedure on sale and purchase of land covered the following: 
(a) sale and purchase of land, including of land associat ed with 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 informat ion the representative of Moldova stated 
that another key structural measure involved the liquidation 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 the process by mid-2000. 
By end-June 1999, some 400 collective farms had entered into the privatization procedures and 
around 8 per cent of land titled. By end-1999 Moldova would process 600 farms, with at least 400 liquidated and individual titles issued representing 40 per cent of agricultural land.  
26. Regarding privatization of energy, the representa tive 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 di stributing companies would be privatized first, 
followed by the generating companies. The represe ntative of Moldova said that Moldova was also 
taking steps to complete the privatization 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.   WT/ACC/SPEC/MOL/4/Rev.2 
 Page 15 
 
 
Table 1 
Sectoral Privatisation Data Profile for 1993-1999  
 
Sector Number of Objects 
approved for 
privatization Number of Objects of 
State Property as of 
01.08.1999 Percentage of 
Privatized Objects 
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 
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 WT/ACC/SPEC/MOL/4/Rev.2 
Page 16  
 
Sector Privatisation Mode Number of 
Privatized 
Objects 
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 enterprises, institutions, entities, associations, their structural 
subdivisions complex production units, objects from the Fund of uninhabitable buildings, unfinished 
constructions, dwellings, state-owned shares in companies privatized and to be privatized, as well as adjacent 
land of privatized and to be privatized compan ies, land plots of the garden cooperatives. 
 
28. The representative of Moldova stated that Mold ova would ensure the transparency of its 
ongoing privatization programme and would keep WTO Members informed of progress in the reform 
of its transforming economic and trade regime. He stated that his Government would provide annual 
reports to WTO Members on developments in its programme 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  annual reports on other issues related to its 
economic reform as relevant to its obligations under the WTO.  The Working Party took note of 
these commitments.  
- 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 
police 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  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 17 
 
 
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 the 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 local authorities  
 
Description of goods and services Regulating public body 
Services supplied by cadastral territorial authorities  Government of the Republic of 
Moldova 
Rent of public network by “Radio-Moldova” Company Government of the Republic of 
Moldova 
Paid medical services Government of the Republic of 
Moldova 
Products and services of monopolies Ministry of Economy and 
Reforms 
Coal commercialized by Joint Stock Company “Tirex-petrol” Ministry of Economy and 
Reforms  
Passenger rail transport services  Ministry of Economy and 
Reforms 
Telecommunication, wire broa dcasting, telegraph, postal 
services supplied for population within the Moldova’s territory 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 WT/ACC/SPEC/MOL/4/Rev.2 
Page 18  
 
Description of goods and services Regulating public body 
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 energy  National Energy Regulatory 
Agency 
Notary services  Ministry of Justice & Ministry of 
Finance  
Aqueduct and sewerage services  Local public authorities 
  
Table 4 
 Nomenclature of goods and services for wh ich a limited profitability was established
 
 
 Description of product HS code 
1. Milk and dairy products 0401-0405 
2. Cheese with fat up to 2 per cent 0406 
3. Flour of I and II quality to make bread 1101-1102 
4. Bread and bakery products 1905 
 
At the same time, according to Governmental  Decision No. 547 of 4 August 1995 there were a 
number of goods (table 4), which for social reasons shall be sold  with a margin of profit that may not 
exceed 20 per cent of the wholesale price (except fo r pharmaceutical products for which the margin 
may not exceed 40 per cent).  
Table 5  
 Description of product HS code 
5. Canned meat foodstuff 1602 
6. Fruits and vegetables for children 0702, 0704-0709 
7. Vegetables oil  1507-1515 
8. Butter and dairy products 0405 
9. Cheese 0406 
10. Sugar 1701 
11. Flour 1101-1102 
12. Bread and bakery products 1905 
13. Footwear for children Part of 64 
14. Notebooks for children 482020 
15. Household soap 340219 
16. Detergents 3402 
17. Toys 9501 
18. Pharmaceutical products (approve d by the Ministry of Health) 30 
  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 19 
 
 
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 also stated that his Government would 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, 
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 WT/ACC/SPEC/MOL/4/Rev.2 
Page 20  
 
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 Moldova stated that, in pur suance 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 Mold ova was the guarantor of national 
sovereignty, independence, the unity and the territo rial integrity of the nation. The President of 
the Republic was elected by freely-expressed, uni versal, equal, direct and secret ballot, with 
universal suffrage.  His term of office was four  years.  Following 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 legislation had been deadlocked for three consecutive months. The 
Government consists of a Prime Minister, a First vice-prime-minister, of ministers and other members, as determined by organic law .  A specific programme of activities approved by 
Parliament sets the guidelines which the Gov ernment 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 the sole legislative authority of the State in the Republic of Moldova.  Parliament 
consisted of 101 members.  The members of pa rliament were elected by freely-expressed, 
universal, equal, direct and secret ballot, with universal suffrage.  The Parliament enacted laws, 
ratified international treaties and checked the Execu tive, which was accountable to Parliament.  The 
Judiciary was independent of the Executive and the Legislature.  The Supreme Court of Justice, the 
Court of Appeal, Tribunals (High Courts) and Co urts of Law (Magistrates and County Courts) 
administered Justice. Except for the Supreme Cour t, the President on the basis of a proposition from a 
special Commission appointed judges. The members of the Supreme Court were appointed by 
Parliament.  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 21 
 
 
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 
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.  WT/ACC/SPEC/MOL/4/Rev.2 
Page 22  
 
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 
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  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 23 
 
 
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 
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 WT/ACC/SPEC/MOL/4/Rev.2 
Page 24  
 
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. 
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 
recognize formally 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,  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 25 
 
 
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 
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 WT/ACC/SPEC/MOL/4/Rev.2 
Page 26  
 
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 
activities would require additional legislation as s tipulated 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 beverag es.  The fee was five times the level of the fee 
for the storage of domestically produced alco hol.  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 "importe d" or "domestic" when describing the fees for 
licensing the activity of storage or wholesale.  Accordingly, the discriminatory fees would be eliminated from the Budget 2000 (which was expect ed to be enacted before the end of December 
1999).   
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 conformity with these obligations.   He further confirmed that the 2000 Budget 
Law of the Republic of Moldova would bring all internal taxes or other internal charges, in 
particular those applied in relation to the licensi ng of the activity of storage or wholesale of  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 27 
 
 
imported alcoholic beverages, into conformity  with the requirements of the WTO Agreement. 
The Working Party took note of th ese commitment s.  
- Customs Tariff  
a)  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 rates of the specific duties the representative of 
Moldova provided the Working Part y with the follow ing tabulation: 
Table 6 
Specific Duties  
Code Description Bound Rate 
of Duty 
2203 Malt beer 0.25 euro/l 
2204 Natural wine, including strong wines; must of grapes other than in item 
2009 0.5 euro/l 
220510 Vermouths and other wines flavored  with herb or other aromatic 
substances in containers holding 2litters or less  0.5 euro/l 
2206 Other fermented drinks (e.g. apple or pear cider, hydromel); mixtures of 
other fermented dr inks and nonalcoholic drinks not mentioned in other 
items 0.15 euro/l 
2207 Essential alcohol of 80 per cent or more; ethyl alcohol and other 
alcoholic drinks, of any concentrations 0, 5 euro/l 
2208 Ethyl alcohol of up to 80 per cent:  0, 5 euro/l 
2402 Leaf cigarettes, cigars made of tobacco or its substitutes 3euro/1000 
pcs 
The representative of Moldova noted that specific duties were administered according to the the 
normal rules of customs procedures. 
55. The representative of Moldova provided the follow ing tabulation of the average customs tariff 
rates: WT/ACC/SPEC/MOL/4/Rev.2 
Page 28  
 
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) * 
Trade weighted average 1997 11.6 (using 1996 trade) 
* A simple average for 1996 was calculated as the 1996 tari ff included a number of relatively high fixed duty rates. 
When calculating the weighted average these could be ignor ed, 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.  
b)  Tariff quotas, tariff exemptions  
57. The representative of Moldova stated that in Moldova, at present, there were no tariff 
quotas. The Regulations with regard to the application of the customs tariff (Governmental Decision No. 689 of 8 November 1993 “On Custom s 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 the 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 origina ting from the least-developed countries in accordance 
with the "Enabling Clause" decision of the GATT 19 47 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.  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 29 
 
 
c)  Other duties and charges  
59. The representative of the Republic of Mold ova confirmed that the Republic of Moldova 
levied no duties and charges on imports othe r than ordinary customs duties. He further 
confirmed that the 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  the “consular charges” applied by the 
foreign representatives and embassies of Mold ova for performing consular actions and 
certifying or issuing documents with judicial im portance were only applied to legal and natural 
persons of the Republic of Moldova.  These consular charges were not required for the authentication of documents necessa ry to import goods into Moldova. 
61. The representative of Moldova confirmed that Moldova had agreed to bind at zero other 
duties and 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. 
- Fees and charges for services rendered  
62. Some members of the Working Party asked whether Moldova levied other duties and 
charges, in particular any ad valorem  customs fees.   In response, the representative of Moldova 
said that Moldova stated that Moldova did apply an ad valorem  customs user fee.  Moldova would 
modify its customs system to remove the 0.25 per cent customs user fee and would introduce a flat 
fee reflecting the approximate cost of processing a customs declaration.  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 export operations and would reflect the approximate costs of the services 
rendered.  In addition to basic administrative ex penses related to the processing of imported or 
exported goods, other related costs such as stat istical 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 applie d according to the methodology established by 
the Government of the Republic of Moldova.  The revenues from the fee would be used to 
finance the Department of Customs Control ac tivities on the basis of a expenditure-sheet 
approved by the Government.  WT/ACC/SPEC/MOL/4/Rev.2 
Page 30  
 
Table 8  
Payment Rate for Customs Procedures
 
 
Types of custom services Rate in Euro 
1. 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 
2. 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 
3. For the authorisation of goods in the case of transit 
- For each customs declaration 
-    for each additional customs declaration sheet  
10 
15 
4. 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 
5. 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 officer ‘s time)  
-outside of customs control zones  -outside of office hours, Saturday, Sunday 
- public holiday’s  
   
20 40 
50 
6. For the cancellation of ordered services, stipulated in point 
5, which was not motivated in due time and written form 20 
7. For the customs inspection of tran sport of individual use , if 
this transport is used for transportation of goods in under 
taxation quantities 10 
8. 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 
9. For storage goods at customs warehouse, for one kilo per 
each day  
- For the first 10 days  
- For each of the following days    
 
0.1 0.5 
10. 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 
11. To submit the customs declarant certificate to each person 
with a right to fill in custom declaration for a year 150 
12. To extend the valid period of the customs declarant 
certificate 100 
13. Additional payment for issue of duplicate certificates by the 
declarant during the year 10  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 31 
 
 
Types of custom services Rate in Euro 
14. To change the terms in custom declaration 0.1% of the customs value, but 
not more than 200 Euro 
15. 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 
16. 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 
17. For applying of customs sealing devices and customs stamps 3 per piece 
18. For presenting evidence that confirm export and import 
operation did by companies 10 
19. For the customs authorisation of international mail sent by 
public at designated offices 0.4 
 
63. 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.  
- Import surcharge  
64. 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 Budget Law 
Moldova had introduced a special import surcharge at a rate of 5 per cent ad valorem  which 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 dut y. When 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 fr ee trade agreements, the surcharge was applied 
only to imports originating in the countries pa rticipating in the free trade agreements. He 
confirmed that on 1 January 2000 Moldova would eliminate the import surcharge to ensure full application of the provisions of the WTO Agreement. WT/ACC/SPEC/MOL/4/Rev.2 
Page 32  
 
65. 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 Moldova 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  
66. 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 had brought the 
application of excise tax and VAT into conformity with the relevant WTO provisions. The only 
exception (Article 26) concerning VAT application was made for Russia and Belarus. As the Chapter 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 
customs territory of the Republic of Moldova. Mol dova would comply with the provisions of the WTO 
concerning taxation. 
67. The representative of Moldova said that acco rding to 1999 Budget Law, VAT exemptions 
were the following:  billings for the energy sold to the pub lic. Value added tax paid on purchased and 
sold energy to be consumed by the public was not included in its cost value and was assigned to 
settlements with the budget in the established mann er; natural and liquefied gas both imported and 
sold in the territory of the Republic. Value adde d tax on the sales costs for this product was assigned 
to its cost value; precious metals and precious st ones in any form and condition, including scrap and 
waste with precious metals and precious stones, and other related tangible assets purchased and sold 
by the State Repository of Valuab les; works related to validation of land ownership; importation and 
sale of the plant-growing products in kind and stock- raising products in live weight or carcass weight 
by producers regardless of their ownership and le gal form. Value added tax on production costs was  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 33 
 
 
assigned to the cost value of such products; the goods manufactured in the medical labour shops under 
the psychiatric hospitals of the Ministry of Pub lic Health in which disabled labour is used. Value 
added tax on costs for goods and services purchased  for production of these goods was assigned to 
their cost value; imported equipment and spare parts (with the exception of office equipment and 
equipment for the gambling business and entertainment industry), vehicles and spare parts, as well as imported agricultural equipment in accordance with  a list established by the Parliament; the raw 
materials, spare parts imported by the Associa tion of Blind People, the products and the service 
offered by it (according to the list of enterprises and the catalogue of raw materials, spare parts, 
products and service offered by the Government), in  case where the respectiv e sources were not used 
for labour remuneration, but were direct ed to development of production.  
68. 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 connected with areas of culture, education, 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 applied to 
agricultural enterprises regardless of their type of ownership and organizational-legal form on the sale 
of products from crop farming a nd 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 en terprises' disposal shall not be subject to the 
income tax.  
69.  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 did not extend to imports of similar products. The final text of the Law on Budget 1999 provided the same exem ption in Article 26 (e) but this practice would 
be discontinued with the new Budget Law starting from 1 January 2000. The Working Party took note 
of this commitment. 
- Excise Tax  
70. The representative of Moldova stated that th e current 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 recognit ion that the current excise tax system treated 
some domestic and imported products differently,  which was inconsistent with Article III of the 
GATT 1994, they asked that the sy stem be brought into conformity with that provision. In 
response, the representative of Mo ldova stated that the following excise tax rates proposed for the WT/ACC/SPEC/MOL/4/Rev.2 
Page 34  
 
draft Budget Law 2000 were in comp liance with the WTO 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 statemen t 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 before the 
goods entered the customs territory of the Republic of  Moldova. For this pur pose importers purchased 
excise stamps and marked the goods with the stamps.  
Table 9  
List of Excisable Products included in draft 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. ton 1100 MLD 
1604 20 101 other prepared or preserved fish of salmon value in MLD 20% 
1604 30 Caviar and caviar substitutes value in MLD 30% 
2203 00 Beer made from malt litre 0.8 MLD 
2204 10 Sparkling wine   
2204 10 110 Champagne litre 1.2 MLD 
2204 10 191 Classic sparkling wine litre 1.2 MLD 
2204 10 192 Natural sparkling wine litre 1.2 MLD 
2205 10 193 Carbonized sparkling wine litre 1.0 MLD 
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 0.6 MLD 
  -of an actual alcoholic strength by volume exceeding 
13%vol: litre 0.7 MLD 
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 0.6 MLD 
 Of an actual alcoholic strength by volume exceeding 
13%vol: litre 0.7 MLD 
2204 30 Musts other than positions  2204 21 and 2204 29 litre 0.6 MLD 
2205 Vermouth and other wine of fresh grapes flavored
with plants or aromatic substances. litre 0.7 MLD 
2206 Other fermented beverages (fo r example, cider, perry, 
mead); mixtures of fermente d beverages and mixtures 
of fermented beverages an d non-alcoholic beverages, 
not elsewhere specified or included. litre 0.5 MLD 
2207 10 000 Undenatured ethyl alcoho l of an alcoholic strength by 
volume of 80 % vol. or higher; except those used in pharmaceutical industry and medicine alcohol litre 
absolute 0.09 MLD/% 
vol/litre  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 35 
 
 
Code Description of goods Unit measure Amount 
2207 20 000 Ethyl alcohol and other spirits, denatured, of any 
strength alcohol litre 
absolute 0,9 MLD/% 
vol/litre 
2208 20 Spirits obtained by distilling grape wine or grape 
marc   
 - current consumption  (not older than 6 years)  0,5 l  4 MLD 
 - matured (from 6 to 10 years old)  0,5 l  10 MLD 
 - old (more than 10 years)  0,5 l  30 MLD 
2208 30 Whisky alcohol litre 
absolute 0,9 
leu%vol/litre 
2208 40 Rum and tafia alcohol litre 
absolute 0,9 
leu%vol/litre 
2208 50 Gin and Geneva alcohol litre 
absolute 0,9 
leu%vol/litre 
2208 60 Vodka alcohol litre 
absolute 0,9 
leu%vol/litre 
2208 70 Liqueurs alcohol litre 
absolute 0,9 
leu%vol/litre 
2208 90 Undenatured ethyl alcoho l 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 0,9 
leu%vol/litre 
2401 Unmanufactured tobacco; tobacco refuse. ton 2000 MLD 
2402 10 000 Cigars, cheroots and cigarillos,  containing tobacco 1000 pieces 1000 MLD 
2402 20 Cigarettes containing tobacco   
 - containing cloves 1000 pieces 7 MLD 
 - others 1000 pieces 3 MLD 
2402 90 000 Cigars, cheroots and cigarillos, containing tobacco, 
containing substitutes of tobacco 1000 pieces 5 MLD 
2710 00 250 Petroleum oil ton 120$ 
 Gas oils   
27 100 061 For undergoing a specific process ton 50$ 
2710 00 65 For undergoing chemical transformation by a process 
other than those specific in respect of subheading 2710 00 61 ton 50$ 
 For other purposes ton 50$ 
2710 00 66 With a sulphur content not exceeding 0,05% by weigh ton 50$ 
2710 00 67 With a sulphur content  exceeding 0,05% by weigh 
but not exceeding 0,2% by weight ton 50$ 
2710 00 68 With a sulphur content exceeding 0,2% by weight ton 50$ 
3303 00 10 Perfumes value in MLD 10% 
3303 00 90 Toilet waters value in MLD 5% 
4303 Articles of apparel, clothing accessories and other 
articles of furskin value in MLD 25% 
7113 11 000 Articles of jewellery and parts thereof, of precious 
metal or of metal clad with precious metal. gram  3 MLD 
7114 19 000 Articles of other precious metal, whether or not plated 
or clad with precious metal gram 1,5 MLD 
7114 20  Articles of base metal clad with precious metal gram 20 MLD WT/ACC/SPEC/MOL/4/Rev.2 
Page 36  
 
Code Description of goods Unit measure Amount 
7116 20 110 Articles of precious or semi-precious stones natural, 
made wholly of  natural precious or semi-precious stones  gram 40 MLD 
8520 Magnetic tape recorders and other sound recording 
apparatus, whether or not incorporating a sound reproducing device. piece 19 Euro 
8521 Video recording or reproducing apparatus, whether or 
not incorporating a video tuner. piece 19 Euro 
8525 Transmission apparatus fo r 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 19 Euro 
8528 Reception apparatus for television, whether or not 
incorporating radio- broadcast receivers or sound or 
video recording or reproducing apparatus; video monitors and video projectors. piece 19 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 1,5 MLD 
8703 22 - of a cylinder capacity exceeding 1,000 cc but not 
exceeding 1,500 cc cm3 2 MLD 
8703 23 - of a cylinder capacity exceeding 1,500 cc but not 
exceeding 3,000 cc cm3 3 MLD 
8703 24 - of a cylinder capacity exceeding 3,000 cc cm3 4 MLD 
 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 2 MLD 
8703 32  - of a cylinder capacity exceeding 1,500 cc but not 
exceeding 2,500 cc cm3 3 MLD 
8703 33 - of a cylinder capacity exceeding 2,500  cm3 cm3 4 MLD 
9403 10 Metal furniture of a kind u sed in offices value in MLD 10% 
9403 20 Other metallic furniture: value in MLD 10% 
9403 30 Wooden furniture of a kind used in offices value in MLD 15% 
9403 40 Wooden furniture of a kind used in the kitchen: value in MLD 15% 
9403 50 000 Wooden furniture of a kind used in the bedroom value in MLD 15% 
9403 60 Other wooden furniture value in MLD 15% 
9403 70 Furniture of plastics value in MLD 7% 
Notes:  
- These excise tax rates were applicable to importe d goods (products) and do mestically manufactured 
goods (products) which were either exported to the CIS countries or sold at the domestic market. 
Excise taxes were not applicable when wine materi als, wine in bulk and n on-fermented tobacco were 
sold by a producer which possessed processing capac ities and was a taxable subject of the Republic of 
Moldova; 
- when excisable goods were sold in units other than sp ecified for the purposes of  excise tax, the volume 
was re-computed in the required unit and the established tax rate was applied. A similar procedure was 
applied to compute the excise tax on alcohol on the basis of the absolute alcohol content;  and,  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 37 
 
 
- paid excise taxes on procured alcohol, which was utilized in medicine, pharmacology and veterinary 
was offset against the Budget. 
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. 
72. Referring to the table above, some members of the 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 
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.  
73. 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. In response  the representative of Moldova explained that the Government had 
already approved a concept paper for the 2000 Budget Law. The paper stated that the VAT and excise 
tax systems should be in conformity  with the relevant WTO provisions . In particular, the Budget Law 
would provide for the following: (i) general appl ication of the principle of destination for VAT 
purposes; (ii) no discriminatory VAT exemptions for domestic products; (iii) ge neral application of the 
principle of destination for excise tax purposes; (iv)  no discriminatory excise tax rates. The general 
application of the principle of destination for VA T purposes was also stipulated in the new Law on 
VAT. According to the Government plan, Moldova had intended to apply the prin ciple of destination for 
VAT and excise taxation and to adjust the excise  tax rates, consistent with national treatment 
requirements starting with the Budget Law 2000. The B udget Law 1999, enacted in December 1998, 
had brought the application of excise tax and VAT w ithout any exceptions fully into conformity with 
the relevant WTO provisions. However, the severe  budgetary difficulties cu rrently encountered by 
Moldova could require temporary fi scal measures, which might be in consistent with WTO regulations. 
Such measures, if applie d, would be brought into conformity  with WTO rules prior to accession. 
74. 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 alcohol ic beverages with the GATT 1994. In response, the 
representative of Moldova st ated that Moldova considered that its excise tax regime was in conformity WT/ACC/SPEC/MOL/4/Rev.2 
Page 38  
 
with the requirements of the GATT 1994, although if  that was not the case, Moldova would take all 
necessary steps to bring its regime into conformity.  
75.  Concerning the application of the excise ta xes, 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 
Budget 2000 the application of excise taxes woul d be brought fully into conformity with WTO 
provisions with all countries.  
76. The representative of Moldova confirmed that, from the date of accession, Moldova would 
apply its domestic taxes, including th ose on products listed in paragraphs 70-75 in strict compliance 
with Article III of the GATT 1994 and in a non-discriminatory manner to imports regardless of 
country of origin. The Working Party took note of this commitment.  
- Quantitative import restrictions  
77. 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. 
78. 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  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 39 
 
 
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 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. 
79. 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.  
80. 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 quant itative restrictions on imports and other 
restrictions having equivalent effect that could not be justified under the provisions of the WTO 
Agreements.  
- Import licensing procedures  
81. 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.  WT/ACC/SPEC/MOL/4/Rev.2 
Page 40  
 
82. 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 institutions and the product groups covered, 
excluding the alcohol and tobacco products covered by Annex 4 of Governmental Decision No. 777 and 
petrol and diesel (HS 27100021-27100039 and HS 2710006 respectively) covere d by Governmental 
Decision No. 305 of 27 March 1997, as well as the reason for each licensing requirement and WTO 
justification are listed in the table below: 
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-military 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, 1207, 
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)  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 41 
 
 
Product Group 
 HS-Code Reason for 
licensing GATT 
reference 
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) 
 
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) 
 
83. 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 WT/ACC/SPEC/MOL/4/Rev.2 
Page 42  
 
now been eliminated following the Decision of the Constitutional Court No.14 of 19 May 1998. 
Government Decision No.716 of 30 June 1998 had introduced certain amendments to the 
Governmental Decision No.777 that abolished the licence fee of 0.1 per cent.  
84. 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.  
85. The representative of Moldova confirmed that from the date of accession, Moldova would not 
introduce, re-introduce or apply other non-tariff meas ures 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 
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  
86. 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 with the Agreem ent. 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  with 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.. 
87. The representative of Moldova confirmed that Mol dova intended to bring its customs valuation 
regime into conformity with WTO requirements prior to the date of accession. The Law on Customs 
Tariff had been enacted on 20 November 1997. This  Law consists of two major parts: customs 
valuation and rules of origin. Both issues had been addressed to meet the WTO requirements on these 
subjects in Moldovan legislation and to im plement the respective WTO Agreements.  
88. Some members of the Working Party posed many questions related to the apparent lack of 
conformity of the Draft version of 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 member s of the Working Party had been remedied in the final draft of 
the legislation. However, certain problems remain ed and would be remedied by a draft governmental  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 43 
 
 
decision introducing the provisions of the releva nt Notes from the WTO Valuation Agreement had 
been presented to the relevant institutions for comments both documents were expected to be 
approving shortly by the Government and the Parliament.  
89. 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 
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. 
90. 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 interests of further improving the le gislation, 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 Agreement.  
91. Some members inquired whether Moldova applied minimum pricing or reference pricing. In 
response, the representative of Moldova stated  that by Governmental Decision No. 1092 of 
29 October 1998 had introduced reference prices. The 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 Decisi on No. 1092 of 29 October 1997 “On the obligatory 
control of customs valuation for some imports goods” was valid until 1 January 2000. After accession 
Moldova assumed the obligation to respect all WTO provisions in this respect.   WT/ACC/SPEC/MOL/4/Rev.2 
Page 44  
 
92. At a later stage and in responses to the a bove questions, in document WT/ACC/MOL/14 the 
representative of Moldova provided detailed inform ation cross-referencing the provisions of the 
Customs Valuation Agreement with the Articles of the Customs Tariff Law.  
93. 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 
Charges in Customs Value of Imported Goods an d 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 Implementation of Article VII 
of the GATT 1994 would supersede domestic law after accession. The Working Party took note of 
these commitments. 
- Rules of origin  
94. 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. 
95. In response to questions the repr esentative of Moldova 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. 
96. 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. 
97. 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.  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 45 
 
 
-  Pre-shipment inspection  
98. In response to questions from some member s of the Working Party, the representative 
of Moldova said that, in order to implement provisions of the Law on Customs Tariff No 1380 – 
XIII of 20 November 1997 (Monitorul Oficial, 1998,  No 40-41, page 286) , and to improve the 
mechanism for customs valuation of goods, statis tics, quality and conformity verification of the 
imported goods, the Government of the Republic of Moldova approved the Decision No.747 of 3 
August 1999 “On introduction of the pre-shipment inspection for imported goods”. This 
Decision was applied to all pre-shipment inspecti on activities carried out on the territory of the 
Republic of Moldova contracted or mandated by the government or any government body. The Republic of Moldova would ensure that pre-shipme nt 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 impo rters affected by such 
activities.  
99. The representative of Moldova confirmed th at in utilising pre-shipment inspection 
service providers, Moldova would ensure that the requirements of the Agreement on 
Preshipment Inspection were implemented in fu ll.  Moldova would take full responsibility to 
ensure that the enterprises operating on its behalf complied with the provisions 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 a nd 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 Wo rking Party took note of these commitments.  
- Anti-Dumping, countervailing and safeguards  
100. 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.  
101. 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 WT/ACC/SPEC/MOL/4/Rev.2 
Page 46  
 
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 
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  
102. 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.  
103. 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 
Government of Moldova was awar e of the GATT 1947 panel decision of 1988 that the use of an ad 
valorem  system of customs user fees was inconsistent with the provisions of Article VIII of the 
GATT 1994 to the extent that it caused fees 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 replaced by a flat rate, wh ich represented the approxima te cost of the services 
rendered by the Cust oms Administration. 
- Export restrictions  
104. 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.   WT/ACC/SPEC/MOL/4/Rev.2 
 Page 47 
 
 
- Export licensing  
105. 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 [52] 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 
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. 
106. 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 licence f ee had also been abolished too. 
- Export subsidies  
107. 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 fully consistent with the relevant WTO provisions.  
108. The representative of Moldova stated that from the date of accession Moldova would not 
maintain any subsidies, including export subsidi es, 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  
109. In response to requests for information, th e representative of Moldova 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 WT/ACC/SPEC/MOL/4/Rev.2 
Page 48  
 
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 
subsidies were granted to domestic industrial production. In 1999, Moldova had accorded the following 
tax exemptions: 
(i)  Exemptions from payment of the income tax to the budget applied to: 
- medical labour shops under the psychiatric hosp itals of the Ministry of Public Health 
in which disabled labour is used;  
- Republican Experimental Center for Pr osthetic Appliances, Orthopedic, and 
Rehabilitation of the Ministry of Labour, Social Protection, and Family; 
- enterprises of penitentiary institutions provi ded they channel at least 70 per cent of 
their income on production expansion; 
- - enterprises of the Association of Blind People, provided they use at least 70 per cent 
of the income for production expansion. 
(ii)  income tax exemption applied to: 
- militaries, 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 Emergencies - on incomes received at the main job place. The personal allowance is transferable on spouses;  
- sportsmen and coaches, on financial aid provided by the International Olympic 
Committee; 
-  individuals, on material assistance received from the President's Fund of the Republic 
of Moldova, reserves of the Government and local governments, and labour unions 
funds in conformity with provisions on such assistance. 
(iii)  land tax exemptions applied to: 
- institutions funded from the state and local budgets, except for land plots used for 
business activity or leased; 
- enterprises of penitentiary institutions; 
- the enterprises of the Society of Blind People, Society of Deaf People, and the 
Society of Invalids.; 
- on land plots under housing and household plot s within the set limits: a) persons who 
have reached the age of 60 for men and 55 for women, disabled persons of 1st and 
2nd category, other persons incapable for wo rk, disabled persons of 3rd category who  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 49 
 
 
participated in the military actions to prot ect the territorial integrity and independence 
of the Republic of Moldova, actions in Afghanistan, and Chernobyl post-accident 
clean-up. These categories of individuals (e xcept for the invalids of categories I and 
II) are exempt from tax provided there are no family members capable for work living with them. For the purposes of the above tax concessions, the category “other persons 
incapable for work” includ es children up to 16 years old, compulsory-duty 
servicemen, full-time students of the educa tional institutions enrolled for a term of 
more than one year; b) families of the lost participants of military actions to protect 
the integrity and independence of the Re public of Moldova and persons they had 
supported; c) families of militaries that di ed during actions in Afghanistan and the 
persons that have been supported by them; d)  families of persons that died as a result 
of participation in Chernobyl post-accident clean up and the persons that have been 
supported by them; e) families with invalid  children; f) persons that suffered as a 
result of land gliding. 
(iv)  Real Estate Tax exemption applied to:  
- institutions funded from the state and local budgets; 
- enterprises of penitentiary institutions; 
- enterprises of Associations of Blind People, Deaf People, and Invalids 
- civil defense units; 
- diplomatic representations - on real estate provided to them on a reciprocal basis 
without lease; 
- religious organizations - on real estate de signated for carrying out religious rites; 
- Republican Experimental Center for Pr osthetic Appliances, Orthopedic, and 
Rehabilitation of the Ministry of Labour, Social Protection, and Family; 
- within the limit of the real estate cost up to MDL 20 thousand; a) persons who have 
reached the age of 60 for men and 55 for women, disabled persons of 1st and 2nd 
category, other persons incapable for wo rk, disabled persons of 3rd category who 
participated in the military actions to prot ect the territorial integrity and independence 
of the Republic of Moldova, actions in Afghanistan, and Chernobyl post-accident 
clean-up. These categories of individuals (e xcept for invalids of grade I and II) are 
exempt from tax provided there are no family members capable for work living with them. For the purposes of the above tax concessions, the category “other persons 
incapable for work” includ es children up to 16 years old, compulsory-duty 
servicemen, full-time students of the institutions of learning enrolled for more than one year; b) families of the lost participants  of military actions to protect the integrity 
and independence of the Republic of Mol dova and persons they had supported; c) 
families of militaries that died during acti ons in Afghanistan and the persons that 
have been supported by them; d) famili es of persons that died as a result of 
participation in Chernobyl post-accident cl ean up and the persons that have been 
supported by them; e) families with invalid children; f) individuals that suffered from 
landslides; g) In case where the mentioned categories dispose of immovable property 
the cost of which exceeds MDL 20 thousand the real estate tax is paid out of the difference between the cost of the immovable property and the MDL 20 thousand. WT/ACC/SPEC/MOL/4/Rev.2 
Page 50  
 
(v)  Water Fee exemption: 
- the incidental removal of ground water acco mpanying the extraction of minerals or 
the removal of ground water for the purpo se of averting (eliminating) its harmful 
effects; 
- water used in fire-fighting operations; 
- water drawn from surface and underground s ources to meet the drinking water needs 
of the population and for household use; 
- surface water used in fish farming; 
- water consumption by enterprises operated by organizations the disabled and 
charitable organizations; 
(vi)  Exemption from VAT, customs duties, and customs fees: 
- goods (works, services) both imported and purchased in the territory of the Republic 
at the expense of credits and grants provid ed to the Government of the Republic of 
Moldova or under public guarantees, loans ex tended by the international financial 
organizations (including at th e expense of the share of Gove rnment of the Republic of 
Moldova) for implementation of certain proj ects as set forth in the list approved by 
the Government. The value added tax paid  by the domestic suppliers on the goods 
(works, services) they produce which are not  subject to value added tax under this 
paragraph, is not assigned to settlements with  the budget and is included in their cost 
value; 
(vii)  Exemption from the VAT and custom duties:  
- the imported passenger cars and at their further sale on internal market; 
(viii)  Exemption from VAT, customs duties on equipment and other tangible assets imported for 
production purposes: 
- company for development of natural resources “Redeco” Ltd (USA) under the 
concession agreement on prospecting and de velopment of oil and gas resources; 
(ix)  Exemption from VAT, customs duties, and customs fees: 
- imported equipment and outfit received as a gift from the International Olympic 
Committee for preparation of the national Olympic team for participation in the Olympic Games in Sydney - the National Olympic Committee; 
(x)  Exemption from custom duties, including for custom procedures on import of items necessary 
for statutory activities, received as donations from the Council of Europe - Center for 
Information and Documents of the Council of Europe in the Republic of Moldova; 
(xi)  Exemption from value added tax on produced  goods and services and fees for use of mineral 
resources: 
- enterprises of penitentiary institutions. Value added tax on production costs of the 
goods and services is assigned to their cost value;  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 51 
 
 
(xii)  Exemption from income tax on business activity payable to the budget, value added tax and 
fees for extraction of inert building materials: 
- joint stock company “Mina din Chisinau” provided the funds will be used to take 
measures against flooding of the dug wells; 
(xiii) Exemption from transfer to the budget of  taxes and fees (except for the custom duties, 
including for custom procedures, VAT, and excises at import): 
- the enterprises of the State Association fo r Forestry “Moldsilva”, that would be 
accumulated on a special account of the State Treasury and will be used for 
regenerating, and protection of the forestry fund.  
 
110. In response to requests for more information, the representative of Moldova added that the 
Government of Moldova facilitated the adjustment process through th e following tax-re lated measures 
which were awarded on a case-by-case basis: reschedu ling tax arrears for companies in restructuring; 
forgiving penalties for late payment of taxes; rescheduling social insurance contributions; forgiving 
penalties for late payment of social insurance cont ributions; 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 Gove rnment had allocated MDL 180,000 to support the 
introduction of new technologies. In  1996, there were no allocations. 
111. In response to questions from  members of the Working Party concerning the mechanisms and 
policies used to enable the development programmes for the agricultural sector, the representative of 
Moldova stated that the developmen t of the agricultural sector was supported by the Government with 
the following measures: 
(i) privatization of land and of  State-owned agricultural enterprises, e.g., state farms;  
(ii)  restructuring of privatized farms supported by intern ational aid agencies and establishment of an 
Agency for Assistance to Farms in Restructuring (ARA);  
(iii)  support to agricultural research  in the framework of a major loan of an international aid agency; 
(iv) 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;  
(v) financial support programmes;  (vi) improving the legislative framework. Moldova  was redrafting the Law on the Normative Price 
of Land and was preparing a Law on the Sale of  Land. Although the neces sary legislation to WT/ACC/SPEC/MOL/4/Rev.2 
Page 52  
 
regulate the trading of land was not yet in plac e, efficient allocation of land and agricultural 
machinery was facilitated through l easing and renting arrangements. 
112. 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 en terprise zones, in accordance with Article 46 of 
that Law and the provisions governing such zones; (iii) agr eements with the BERD, including technical 
assistance and exemptions from VAT. The following inve stment 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 programme. There were no administrative procedures fo r applying and receiving this 
governmental a ssistance.  
113. 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 noticeable 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  
114. 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 ela borated. The elaboration of national standards 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 were revised every five years.  
115. 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.2 
 Page 53 
 
 
Table 13 
The normative acts of standardization relating to Different Products/Product Areas  
Normative documents on standard ization Products/Product Groups 
Medico-biological requi rements 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 Serv ices provided at the work place 
Environmental protection norms, in cluding 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 only  where a reference for a Technical Regulation is 
provided. An authorized public authority may adopt a technical regulation, only in accordance with 
legitimate objectives listed by TBT Agreement. Until 1 January 2002 authorities from the Republic of 
Moldova will develop and make  known the technical regulations, which comprise provisions from 
mandatory standards. 
116. 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 techni cal requirements, Moldova consider ed mandatory 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 Mo ldova every three months in Romania and 
Russian languages); 
- "Monitorul Oficial” (published in Moldova monthly); 
- "Buletinul Standardizarii” (published in Romania monthly in Romanian language); 
- “Informationnii Ucazateli Sta ndartov” (published in Russ ian federation monthly in 
Russian language). 
117. 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 WT/ACC/SPEC/MOL/4/Rev.2 
Page 54  
 
the base of the Law on Consumer Protection of th e 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 Re public of Moldova”, in concordance with ISO, 
ISO/CEI Guides, normative documents of Nationa l Certification System, harmonized with those 
enumerated. In conformity w ith General Procedure PG-01-05-92 mandatory and voluntary 
certification is carried out in the Republic of Mold ova. Certification had mandatory character only for 
products or services, which can affect life, hea lth, consumer’s property and environment. These 
products or services were introduced in the No menclature of products and services subject to 
mandatory certification, approved by the G overnment of the Republic of Moldova.  
118. The representative of Moldova said those certification procedures, testing methods and 
certification activities are the same for domestic and imported products, inde pendent of the product’s 
origin and property form of the applicant. Free access to all normative documents and certification 
procedures was guaranteed for all applicants of certification from Republic of Moldova and other 
countries. Single form certificates, defended with sp ecial signs were issued in National Certification 
System of the Republic of Moldova. Moldova recognized certificates of conformity, issued by 
national certification bodies with which bilateral or multilateral agreements  of recognition were 
signed. Recently the draft Law on Certification had been submitted to the Parliament. At present, certification requirements for specific classes of products were spelled out by the each accredited body and approved by the Department of Standa rds, Metrology and Technical Supervision in 
conformity with the Moldovan Standard SM 45-2 “N ational Certification System of the Republic of 
Moldova Product certification”.  
119. 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 National Accreditation Center in 
conformity with provisions of EN 45000 Standa rd. The Nomenclature of products-subject to 
mandatory certification include: 
- Foodstuffs; 
- Electronics; 
- Products and technologies with  high level of danger; 
- Goods for children; 
- Cosmetics products; 
- Construction materials; 
- Machines and equipment;  and  
- Furniture. 
 
The services subject to mandatory certification includ ed hotels, dry cleaning, motor-repair, audio and 
video repair, household electrical appliances repair services.  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 55 
 
 
120. 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. Production certific ation in the Republic of Moldova is carried out 
according to the TBT Agreement conformity requireme nts. Moldova did not apply specific certificate 
classes, excluding hygienic certif icates introduced by the Ministry of Health, as component part of 
certificates of conformity. The requirements related to hygienic cert ificates are specified in the technical 
regulations of the Ministry of Health. The State Inspections for Consumers' Rights Protection and 
products quality control perform s quality control during the pr oduction process, storing and 
commercialization. Domestic pr oducts were subject to the same  standards as foreign goods.  
121. 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 Ro mania are based under the bilateral agreemen ts 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. 
122. 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 informati on in the document WT/ACC/MOL/16 and 19. The 
measures and the timeframe for taken by Moldova in order to bring national legislation into 
conformity with WTO provisions are described below:  WT/ACC/SPEC/MOL/4/Rev.2 
Page 56  
 
Table 14 
 
Timeframe for bringing national legislation into conformity with WTO provisions 
 
 
 Measure Description of measures Implementation 
period  
1. Adoption of Draft 
law on 
standardization - provides rules for publication of the programme for 
developing standards; 
- provides for the consideration of appropriate 
international standards, guidelines and recommendations as a basis for technical regulations and conformity assessment procedures. December, 1999
2. Adoption of Draft 
law on certification - provides for development and application 
conformity assessment procedures; 
- provides for the acceptance of the results of 
conformity assessment procedures conducted by 
bodies in an 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 cost-based fee structure. March, 2000 
3. 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. December, 1999
4. 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. April, 2000 
5. Setting up and fully 
operation of the 
inquiry point - to be able to answer enquiries from WTO Members 
and interested parties as well as to provide the relevant documents regarding: technical regulations, standards a nd conformity assessment 
procedure; 
- is responsible for legal or administrative reasons for 
notification procedures required by the WTO 
Agreement. January-June, 
2000  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 57 
 
 
 Measure Description of measures Implementation 
period  
6. 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: 
a) Non-discrimination with respect to the treatment of 
products; 
b) the prohibition of unnecessary obstacles to 
international trade; 
- the consideration of appropriate international 
standards, guides and recommendations as a basis for a standards; 
- non-discriminatory and cost -based fee structure. January, 2001 
7. 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 
8. Schedule of 
recognition of 
conformity 
assessment 
procedures   Schedule provides for intention of Moldova to signed 
bilateral agreements on mutual recognition or acceptation of the results of conformity assessment 
procedures.  During 2000 
 
123. In response to questions from members of th e Working Party the representative of Moldova 
noted that an inquiry point had been created within the National Center for Standardization and 
Certification. The address was: 
28, Coca street,  
Chisinau  
Republic of Moldova  
Tel: (373-2) 74 87 92  
Fax: (373-2) 75-05-81  
E-mail: Moldovastandard@standart.mldnet.com  
Director: Mr. Keptene Pavel  
- Sanitary and phytosanitary measures  
124. Some members of the Working Party requested detailed information conc erning agricultural 
products, in particular how Moldovan standards and regulations compared with those of the Codex 
Alimentarius (Codex), Organization of International Epizootics, a nd 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 Organization of International Epizootics and was us ing its regulations. Moldova was not a member of 
the European Plant Protection Organization. WT/ACC/SPEC/MOL/4/Rev.2 
Page 58  
 
125. 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.  
126. 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. 
127. The representative of Moldova pr esented the following table, co ntaining an overview of the 
regulations, the goods concerned and the competent authority:  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 59 
 
 
Table 15 
Overview of regulations, goods concern ed and the competent authorities  
 
Rules Goods/Objects Compet ent Authority Certificate 
Issued 
Medico-Biological Requirements 
No.5061-89 
1.   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, 
Phytosanita
ry 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, Authorizati
on, 
Veterinary Health Certificate 
Notes : 
- The competent authority prepared the relevant technical requirements jointly with Moldovastandard. 
Testing and certification for SPS purposes was the co mpetence of the body indicated in Column 3. For 
testing, these bodies could engage the se rvices of accredited State laboratories. WT/ACC/SPEC/MOL/4/Rev.2 
Page 60  
 
- For product standards, which were composed of  SPS and other non-SPS compone nts, Moldovastandard 
on the basis of the hygiene certif icate (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 cert ificate valid only for the shipment concerned. 
Imported goods were inspected at the customs office of the district where the importer was 
registered. Importers of perish able goods could conclude an ag reement by which the foreign 
production site was issued with a hygiene certific ate 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 hygi ene certificate was subject to 
examination, either of the shipment or of the production facilities (i ncluding the products) and 
subject to the same sanitary requirements. 
Import Permit of the Chief State Inspectorate for the Phytosanitary Quarantine : This document 
was only required for imported goods. Importer s had to present the following documents: 
phytosanitary certificate fr om country of origin; laboratory anal ysis (in some cases); certificate 
about disinfestation or disinfection treatment.  
Phytosanitary Certificate of the Chief State Inspectorate for the Phytosanitary Quarantine : This 
document was only required for goods to be exporte d. Exporters had to submit the following 
information: description of the consignment; labor atory 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 fa cilities were 
inspected in random intervals during this period . For imported products, every lot imported was 
inspected. Upon importation the importer had to present the sa nitary avis, stamped by the 
veterinary authorities of all tran sit countries, the veterinary cert ificate of the exporting country 
and a quality certificate issued by the producer. Th e State Veterinary Inspectorate would inspect 
the lot and, if cleared, a veterinary health certificate was issued. 
128. 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.  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 61 
 
 
129. 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.  
130. 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. 
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 from the State Sa nitary-Epidemiological 
Service and Moldovastandard once before the hygien e certificate was issued and then at regular 
intervals. Taking samples and carrying out test s on these samples inspected imported goods.  
Phytosanitary Requirements : Prior to shipment, the foreign expo rter had to send a request to the 
Chief State Inspectorate for th e Phytosanitary Quarantine indicating the goods to be shipped. 
The Inspectorate would issue a preliminary import permit which stipulated specific phytosanitary requirements which the goods to be  shipped had to satisfy. Upon arrival the goods 
would be inspected. If they satisfied the requ irements the preliminar y import permit would be 
stamped becoming definitive.  
Veterinary Requirements
: Prior to shipment, the foreign e xporter had to send a request to the 
State Veterinary Inspectorate i ndicating the goods to be shipped. The Inspectorate would issue a 
preliminary import permit, the sanitary avis, whic h had to be stamped the veterinary authorities 
of all transit countries. Upon arrival taking sa mples and carrying out tests on these samples 
inspected every lot. When goods subject to vete rinary requirements were  unloaded (importation) 
or loaded (exportation) a representative of the St ate Veterinary Inspectorate had to be present. 
131. 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. WT/ACC/SPEC/MOL/4/Rev.2 
Page 62  
 
132. 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: 
Table 16 
Measure Description of measures Implementation 
period  
 
 
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-Epidemiological 
State Supervision Rules”  
 
  Gov. Decision no. 378 establishing the Statute of 
the State Veterinary 
Service Similar amendments have been introduced for 
implementation of SPS Agreement provisions in 
each of the specified in the first column.  
 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 the 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  
 
 
 
January  
2000  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 63 
 
 
Measure Description of measures Implementation 
period  
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. 
Accession to the Committee on Plant 
Protection and  - 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, 2001
 
133. The representative of Moldova stated that Mo ldova would ensure the implementation both the 
TBT and SPS Agreements prior to accession and would ap ply internal legislati on in conformity with 
the provisions of the WTO Agreements on TBT a nd 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)  
134. 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 sub-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  
135. 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 WT/ACC/SPEC/MOL/4/Rev.2 
Page 64  
 
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. 
136. 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.  
137. 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.  
138. 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.  
139. 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 .  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 65 
 
 
- Free Zones, Free Economic Zones  
140. The representative of Moldova said that the Mo ldovan 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 
 
141. So far, only two of these zones were operati onal - 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 
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. 
142. 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. WT/ACC/SPEC/MOL/4/Rev.2 
Page 66  
 
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 set up to 20 pe r 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. 
143. 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 obligat ions in those free zones.  In addition, 
goods produced in the free zones under tax and tariff provisions that exempted imports and 
imported inputs from tariffs and certain taxes wo uld be subject to normal customs formalities 
when entering the rest of Moldova,  including the application of ta riffs and taxes.  The Working 
Party took note of these commitments.  
- Government procurement  
144. 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 1996 had been 
approximately MDL 200 million.  
145. 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: procuring enti ties, engaged in the acquisition of  goods, construction and services; 
the Bureau for Project Assistance and Public Proc urement, renamed "Nationa l Agency for Government 
Procurement" (NAPP). The NAPP wa s supervising and monitoring procuring entities in the conduct of 
procurements and oversaw their compliance with th e provisions of the procurement law and other  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 67 
 
 
legislative requirement s 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 solicit tenders 
by publishing an invitation to tender or an invita tion for preliminary qualification in the Romanian and 
Russian languages in the Public Procurement Bulletin (PPB) issued by the NAPP. In particular 
situations, the invitation to tender also had to be  published in the English language in mass media of 
wide international circulation (Art icle 18 and Article 26 of the La w on Government Procurement). The 
invitation to tender contained, inter alia , specifications of the goods, construction and services to be 
supplied in terms of nature, quantity, place and time , the criteria and procedures to be used for 
evaluating the qualifications of s uppliers, place and deadline for the submission of tenders, means and 
place of obtaining the solicitation documents. The pr ocuring 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 furthe r in the procurement proceedings. 
Further details were included in Article 7 of th e Law on Government Procurement. A procuring entity 
should engage 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 (Artic le 19 of the Law on Government Procurement): 
two-stage tendering (Article 20 of the Law on G overnment Procurement); restricted tendering 
(Article 21 of the Law on Government  Procurement; specialized restrict ed tendering (Article 22 of the 
Law on Government Procurement); request for quot ations (Article 23 of the Law on Government 
Procurement); and single- source procurement (Art icle 24 of the Law on Go vernment Procurement). 
146. 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).   
147. Some members of the Working Party asked  whether Moldova would accept the WTO 
Government Procurement at the time of accession.  The representative of Moldova confirmed that 
Moldova would begin negotiations  on the acceptance of the WT O Agreement on Government 
Procurement after accession.  WT/ACC/SPEC/MOL/4/Rev.2 
Page 68  
 
148. The representative of Moldova confirmed that upon accession to the WTO, Moldova would 
become an observer to the Agreement on Governme nt Procurement and woul d initiate negotiations 
for membership in the Agreement by tabli ng an entity offer immediately after accession . He also 
confirmed that, if the results of the negotiations we re satisfactory to the interests of Moldova and the 
other members of the Agreement, Moldova would complete negotiations for membership in the 
Agreement by 31 December 2000. The Working Party took note of these commitments.  
- Government-mandated co unter-trade and barter  
149. The representative of Moldova stated that in order to obtain from its trading partners, whose 
economies were in transiti on, 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  
150. 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 consid er the issue of joining the Plurilateral Trade 
Agreement on Trade in Civil Aircraft upon accession, but confirmed that the Schedule of 
Concessions on Goods that is reproduced in Part I of the Annex to the Protocol of Accession 
establishes duty free treatment on the products used in the civil aircraft.    
151. The representative of Moldova stated that his G overnment would consider the issue of joining 
the Plurilateral Trade Agreement on Trade in Civ il Aircraft upon accession.  The Working Party took 
note of this commitment.  
- Transit  
152. 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.  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 69 
 
 
- Policies Affecting trade in Agricultural Products  
- Imports – description of the types of border protection maintained  
153. 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. 
154. 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  
155. 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. 
156. The agriculture country schedule of  Moldova, circulat ed in document 
WT/ACC/SPEC/MOL/1/Rev.5, has be en incorporated in the corres ponding section of the Goods 
Schedule of Moldova (WT/AC C/SPEC/MOL/4/Rev.2/Add.1).  
- Textiles regime  
157. The representative of Moldova said that there wa s no special 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. WT/ACC/SPEC/MOL/4/Rev.2 
Page 70  
 
VI.  TRADE-RELATED INTELLECTUAL PROPERTY REGIME  
1. General  
a) Intellectual property policy  
158. The representative of Moldova said that since th e declaration of its i ndependence, Moldova had 
followed a policy of developing mutually advantageous  relations with all countries of the world. The 
national legislation had been transformed to adjust to  international standards. The policy of transition to 
a market economy had largely determin ed the approach to intellectual property and the extension of the 
rights of its owner’s Intell ectual property rights had become rights of legal persons and individuals. The 
main directions of the policy ha d been: (i) enactment of special national legislation on individual 
intellectual property rights; (ii) es tablishment of public authorities re sponsible for intellectual property 
rights; (iii) membership in interna tional conventions and treaties on trade-related intellectual property 
rights. The Government in 1993 had implemented the protection of industrial property, the rights of 
owners of titles of protection a nd inventors on the basis of the Provisional Regulation No. 456 “On the 
Protection of Industrial Property in the Republic of Moldova” adopt ed. The titles of protection in 
Moldova are the following: patents for inventions; certificates of re gistration of industrial designs, 
trademarks and service marks, appe llations of origin of goods and u tility models. The O fficial Bu lletin 
of Industrial Property (BOPI) provide s information on inventions, desi gns and trademarks claimed and 
registered in Moldova, as well as on legal acts a nd regulations related to intellectual property. 
159. The representative of Moldova presented to th e Working Group with further information on the 
TRIPS regime in document WT/ACC/MOL/18. 
160. The representative of Moldova stated that the Moldovan Parliament had ratified the following 
IPR Agreements: Strasbourg Agreement Concerning th e International Patent Classification; Locarno 
Agreement on the Establishing of an Internationa l Classification for Industrial Designs; Vienna 
Agreement Establishing an International Classifica tion of the Figurative Elem e n t s  o f  M a r k s ;  N i c e  
Agreement on the International Classification of Goods and Serv ices for the Purposes of the 
Registration of Marks. 
161. Some members of the Working Group said that the TRIPS Agreement was a fundamental 
component of the obligations undertaken by all WT O Members. These member s expected Moldova to 
implement the WTO TRIPS Agreement fully as of th e date of accession, without recourse to any 
transitional arrangements. The repres entative of Moldova said that Mo ldova was prepared to implement 
the TRIPS Agreement from the date of accession. A detailed programme of sp ecific legislation required 
to be implemented would be shortly presented to the Government for approval. This programme  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 71 
 
 
foresaw the enactment of the necessa ry legislation no later than Januar y 2000. As a result of the judicial 
system reforms, all the conditions for implementati on of the TRIPS provisions had been created. In 
response to requests the representativ e of Moldova submitted in tabular form a Checklist of Illustrative 
TRIPS Requirements and Complian ce by the Republic of Moldova in document WT/ACC/MOL/21.  
b)  Responsible agencies for policy formulation and implementation  
162. The representative of Moldova stated that the of policy and strategy 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 the Decree of the President of  Moldova No. 120, and by the State 
Agency on Copyright and Neighboring Rights establ ished on November 25, 1991 by Decree of the 
President of Moldova.  
c)  Membership of international intellectual property conventions  
163. The representative of Moldova stated that the Republic of Moldova was party to the following 
conventions and treaties: 
- Convention Establishing the World Intell ectual Property Organization (WIPO); 
- Paris Convention for the Protection of Industrial Property; 
- 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;  
- Trademark Law Treaty; 
- Eurasian Patent Convention; 
- UPOV; 
- Lisbon Agreement of the Protection of Appell ations of Origin and their International 
registration (1958); 
- Protocol relating to the Madrid Agreement Concerning the International Registration of 
Marks (1989). 
164. The representative of Moldova stated that in 1993 the Republic of Moldova had become a 
member of the Standing Committee on Information Technologies (SCIT) and Permanent Committee on 
Intellectual Property Cooperation for Development (PCI PD).  The representatives  of the State Agency 
on Industrial Property Protection activ ely participated 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 Mold ova was a member of the WIPO Coordination WT/ACC/SPEC/MOL/4/Rev.2 
Page 72  
 
Committee. In addition, AGEPI had concluded co operation agreements w ith 35 Patent Offices 
throughout the world. 
165. He further added that in the future, the Republi c of Moldova intended 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). 
- New Act of the Hague Agreement concerni ng international registration of designs 
(Geneva, 1999) 
Patent Law Treaty.  
 
c) Application of national and MFN treatment for foreign nationals 
166. The representative of Modova stated that the pr inciple of national treatm ent was applied with  
respect to intellectual property. 
e)  Fees and taxes  
167. Fees for patents for inventions, utility models, i ndustrial designs, trademarks, and appellations 
of origin of goods are liable to payment at the State Agency on I ndustrial Property Protection of the 
Republic of Moldova. General terms and am ounts are regulated by the Governmental Decision No. 774 
of 13 August 1997, the supplementary ones being su bject to order No. 80 of August 28, 1997 of the 
General Director of the  AGEPI. The schedules of fees for the intellectual property rights are listed in 
Annex I. of WT/ACC/MOL/4.  
2. Substantive Standards of Protection, includi ng Procedures for the Acquisition and 
Maintenance of Intellectual Property Rights  
- Copyright and related rights, including rights of performers, producers of phonograms 
and broadcasting organizations  
168. The representative of Moldova said that th e Law on Copyright and Neighboring Rights No. 
293-XII of November 23, 1994 governs copyright and neighboring rights, which 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,  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 73 
 
 
destination and value of each work, as well as the pr ocedure of its reproduction. As creator, the author 
enjoys an exclusive copyright for his work. The copyright also includes the personal and economic 
rights of the author. The personal rights entitle the aut hor to the following: (i) the right to paternity; (ii) 
the right to his name; (iii) the right to the work's inte grity; (iv) the right to adve rtise his work or to allow 
(or to prohibit) its publication, as  well its withdrawal. The economic  rights give the holder of the 
copyright the exclusive right to the use of the work  in any form and by any procedure. The exclusive 
right of use of the work is defined as the right of th e author or other copyright holder to realize, to allow 
or to prohibit the following activities: reproduction of the work, distribution, public demonstration of the 
work, translation. Copyright owners are entitled to prev ent the rental of a copy of a work even after that 
particular copy has been sold and that sound record ing producers have a simila r right to prevent the 
rental of copies of the sound recordings, even after those copies have been sold.  
169. He further added that audio-visual works,  computer software, databases, phonograms and 
musical works and compilations of data are protec ted 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 audio-visual works is co nferred to: writer of scenario; director/producer; 
composer as the author of the music; cameraman; designer. The author of a priory created work, adapted 
or included without any changes within another audio- visual work, as part of this work, is considered 
co-author of the latter.  
170. He noted that the producer of a phonogram had the exclusive right to use it in any form, 
including the right to obtain remuneration for its use,  the right on reproduction, distribution of copies, 
modification or change, importation of copies of the phonogram with the purpose of broadcasting. 
Copyright may be transferred by means of a cont ract (Article 28). The performer of a phonogram had 
the exclusive right to allow or to prohibit the following activities: recording of an unrecorded 
performance, reproduction, transmission of the performance by ra dio-electronic means, cable or other 
means of communication, rental of a publishe d phonogram, as well as the right to defend the 
performance against any disfigurement or contortion or undermining of the repu tation of the performer, 
and to transfer the right by means of a contra ct to another person (A rticle 27). Broadcasting 
organizations have the exclusive right to use phonogra ms in any form (Article 29). Foreign nationals 
enjoyed national treatment under thats Law. 
171. He further added that the Law of the Repub lic of Moldova on Copyright and Neighboring 
Rights No. 293-XII of November 1994 wa s compliant with the Provisions of the Articles 1 to 21 of the 
Bern Convention (1971) and the Appendix thereto as required by Article 9 of  the TRIPS Agreement. 
172. As to restrictions on the exclus ive rights of copyright owners or  owners of neighboring rights, WT/ACC/SPEC/MOL/4/Rev.2 
Page 74  
 
the representative of Moldova stated that the legisl ation of the Republic of Moldova contained detailed 
regulations on restri ctions on the exclusive rights of copyright  owners or owners of neighboring rights 
related to: reproduction of works for personal use;  reprographic reproduction by libraries; free use of 
works; reproduction of computer programmes and com puter databases (Chapter III, Articles 20-23). The 
Law on Copyright and Neighboring Rights provides pr otection of copyright and neighboring rights for a 
term of 50 years. Under Articles 17(9) and 33 of this  Law, author’s moral ri ghts are protected without 
time limits. 
173. 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 cer tificate of registration constituted a presumption of 
authorship for the court in the absence of proof to the contrary.  
174. The representative of Moldova noted that under  the legislation of the Republic of Moldova, 
copyright protection could not be restored for works th at were in the public domain in Moldova prior to 
31 December 1994. For works the period of prot ection of which was due to expire on 
31 December 1994, the following adjustments were made: if the term of protection 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 pr otection stipulated by this Law shall apply; if it is 
shorter, the term of protection st ipulated by the laws of the c ountry of the author shall apply 
(Article 17(12)). 
175. He further noted that on January 28, 1998, th e Republic of Moldova had 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 (1995-1998) period was established for the transition from the 
administrative system to a system of collective management of patrimonial rights of authors and owners of neighboring rights. Acco rding to this Decision, an Authors and Neighboring Rights Owners 
was set up with the State Agency on Copyrights of the Republic of Moldova which establishes the 
level of author remuneration, adopts samples for contracts and licenses regarding turning account of 
works, interpretations, phonograms etc., establis hes 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. Organizational measures were undertaken for setting 
up a non-governmental organization to administer the patrimonial rights of the authors and neighboring rights owners on the basis of collective principles.  WT/ACC/SPEC/MOL/4/Rev.2 
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- Trademarks, including service marks  
176. 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 a sign which served 
to distinguish the products or services of enterp rise, legal persons or i ndividuals from the similar 
products or services of other enterprises, legal or natural persons. There were  two kinds of trademarks: 
collective marks and individual marks. A trademark could be: a) verbal, i.e.  consisting of words, 
including forenames and surnames, of letters or of figu res; b) figurative mark, in two or three 
dimensions; c) mixed mark, consisting of verbal and figurative elements. The trademark could be 
registered in black and white or in color. The cert ificate of registration was the title of protection for 
trademarks in the Republic of Moldova. The registra tion procedure was 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 State Agency of the Republic of Moldova. Actual use of a trademark wasl 
not be a condition for filing an applic ation for registration or to mainta in a registration. In conformity 
with Article 2(1) of the Law no.588/1995, the defini tion of trademark included product marks as well as 
service marks. According to the La w No. 588/1995, the enclosures of the application may be filed in any 
language other than the national, under the condition th at a translation in the national language shall be 
filed within two months following the filing date. The registration of a trademar k  subsisted for 10 years 
as from the filing date of the application. The filing date of an a pplication shall be considered the date on 
which the application and the bill of payment ha ve been filed with the AGEPI. Any person may oppose 
the registration within 3 months following the date of publication of the notice concerning the 
application. Foreign lega l and natural persons enjoy the same tr eatment as legal a nd natural persons 
resident in the Republic of Moldova, under the provisi ons of international conventions and treaties to 
which the Republic of Moldova was party.  
177. He further noted that according to the legislatio n of the Republic of Moldova, individual colors 
as such as are not recognized as tr ademarks, but a color or a combination of colors of a word mark or a 
figurative mark are protected as part of a trademark (Articles 4 and 5). A color as part of a trademark is deemed identical to a color as part of another trad emark if through a series of  tests it was found similar 
to the point of confusion. 
178. The representative of Moldova stat ed  that according to Articl e 17 (1), any person may oppose 
the registration of a trademark or of  an appellation of origin by th e Appeals Board of the Agency on 
Industrial Property Protection (AGEP I), and where not satisfied by the decision of this Appeals Board, 
before a higher judicial authority. Cancellation of  registration of a trademark may be required under 
Article 26 of the Law. The registration of a trademar k may be cancelled at any time during its term of 
validity if it has been effected in infringement of this Law. Any person may submit to the Appeals Board WT/ACC/SPEC/MOL/4/Rev.2 
Page 76  
 
of the Agency a request for cancellation of a registration, for which this Law does not prescribe any time 
limits. 
- Geographical indications, including appellations of origin  
179. 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 Mol dova, an appellation of origin is 
defined as the designations - current or historical - of a country, a region, a lo cality 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 may also be a word derived from the name 
of a country or an administrative or  territorial-subdivision of such count ry. The certificate of registration 
is the title of protection of appellations of origin in Moldova. The right to receive titles of protection for 
the appellations of orig in belongs to natural or legal pers ons conducting business activities in the 
corresponding geographical area. The application shall be filed in the national language. All parties 
conducting 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 for re gistration of an appellation of origin shall be filed with the State 
Agency on Industrial Property Protection of the Republic of Moldova.  
180. He noted that the use of a registered geogra phical indication was prohi bited for any person who 
was not the holder of the registration certificate. The use of products of the same type, of similar 
designation that are likely to mislead consumers as to  the place of origin and special properties of the 
products shall also be prohibited (Article 22 (2)), Law on Trademarks and A ppellations of Origin). 
Article 7 (2), (a) of this Law stipulates grounds for re fusal to register a tradem ark or an appellation of 
origin in case they are deceitful or liable to mi slead the consumer. The legi slation of the Republic of 
Moldova provides additional protection for wine s and spirits. However, special procedures for 
registering wines and spir its are established by the Governme ntal Decision No. 760 of 10 November 
1995. 
181. He also noted that under the le gislation of the Republic of Moldova, geographical indications 
which were not literally true as to the territory, re gion 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. 
182. With reference to the introduction of specific  provisions for the prot ection 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 were consis tent with Article 23 of  the TRIPS Agreement.  WT/ACC/SPEC/MOL/4/Rev.2 
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However, the Law on Trademarks would  be provi ded with special provisions on the protection of 
geographical indications fo r wines and spirits.  
- Industrial designs  
183. 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 with the AGEPI. Foreign residents, both legal and 
natural persons, shall act through a patent attorney in  matters related to the pr otection of their industrial 
design. The attorney's rights shall be confirmed by a power of attorney issued by the applicant. After 
filing, an application is subject to formal exam ination; publication; subs tantive examination, if 
requested. If no opposition has been fi led against the decision to register the industrial design, or if any 
opposition filed have been rejected, an  industrial design shall be subject to registration and grant of the 
certificate of registration.  The registration of an industrial desi gn may be effected  either without 
substantive examination, under applicant's res ponsibility, or after substantive examination. 
184. 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 authorization the 
following activities: manufacture, use,  importation, exportation, offering for sale and any other form of 
marketing other holding for that purpose of an articl e produced using the registered industrial design. 
Protection is valid for five years from the date of the filing of application with the AGEPI 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. 
185. 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.  
-  Patents  
186. The representative of Moldova informed members 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 WT/ACC/SPEC/MOL/4/Rev.2 
Page 78  
 
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 
microorganisms. At present, in the Republic of Mo ldova new animal breeds were protected under the 
Law on Breed Protection no. 412-XIV/1999. 
187. The representative of Moldova noted that the following could not regarded as inventions: 
- scientific theories and mathematical methods; 
- conventional signs, timetables and rules ; 
- methods for performing mental acts; 
- organizational methods for doing business; 
- algorithms and computer programmes . 
- projects and plans for buildings and cons tructions and for te rritorial planning; 
- projects of an aesthetic nature (designs); 
- topographies of integrated circuits; 
- plant or animal varieties. 
- Patents shall not be issued for inventions  contrary to public policy and morality. 
The priority date of the inventions was determined by  the filing date of the application. An application 
shall contain the following documents: (a) a request for the grant of a patent, including identification of 
the inventor or inventors, of the applicant or applic ants or of the person or persons on whose behalf the 
patent is sought; (b) a description of the inventio n disclosing it in a manner sufficiently clear and 
complete for it to be carried out; (c) one or more cl aims defining the subject matter of the invention and 
entirely supported by the description; (d) drawing and other elements, wher e necessary to understand the 
subject matter of  the invention. 
188. He noted that applications were required to be  accompanied by: (a) an abstract; (b) proof of 
payment of the prescribed fee or of circumstances justifying exemption from the fee or a reduction in the 
fee; (c) an authorization, if the application is fi led by a professional representative; (d) any document 
necessary to prove the priority of the invention.  
189. He further noted that the application documents  were required to be filed in the national 
language. With the exception of the request, the ap plication documents may be filed in one of the 
following international languages of communication: English, French, German and Russian. In such 
case, a translation into the national language shal l be submitted to the Agency within two months 
following the filing date of the application. AGEPI is  authorized 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 of his patent in force 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.   WT/ACC/SPEC/MOL/4/Rev.2 
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190. The representative of Moldova st ated that a patent owner enjoyed an exclusive right in the 
invention protected by the patent, including the expl oit the invention, insofar as such exploitation does 
not prejudice the rights of ot her patent owners, the right to dispose of the patent and the right to prohibit 
others from exploiting the invention protected by th e patent without his auth orization (Article 22(1), 
Law on Patents for Invention). Under the legislation of the Republic of Moldova there are no conditions 
to compulsory working a patent. In civil infringe ment proceedings involving process patents, TRIPS 
Article 32 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.  
191. He added that in the event of failure to work an invention or to work 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 
licence. In the interest of nationa l security, the Government may aut horize 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 protectio n have been elaborated, in compliance with the 
provisions of Article 31 of the TRIPS Agreement to permit issuing of a compul sory licence in certain 
narrowly defined circumstances. If such a licence 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 licence; 
the Agency is also required to enter the decision in  the National Patent Register, notify the issuance of 
the licence in the Official Bulletin within 3 m onths following the date on which they have been 
entered in the National Patent Register. If the hol der of a non-exclusive compulsory licence fails to 
use the licence within the year following the grant of the licence,  the non-exclusive compulsory 
licence may be cancelled.  Importation qualified as use for the purposes of determining whether 
the invention had been used with regard to pr ovisions on compulsory licensing and government 
use. 
192. 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 amending various Laws ar e harmonized 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 WT/ACC/SPEC/MOL/4/Rev.2 
Page 80  
 
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 
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  
193. In response to questions from Members of th e Working Party, the representative of Moldova 
stated that the Law on Plant Vari eties, which entered into force on 28 November 1996, regulated the 
protection of Plant Varieties in the Republic of Moldova. Subsequently, the "Provisional Statute of 
Industrial Property Protection in Moldova" was ab rogated. The Law provide d special protection for 
plant varieties. Protection is gran ted on the basis of certificates issued by the State Commission for 
Variety Testing of the Republic of Moldova, and th e patent granted by the State Agency on Industrial 
Property Protection. The term of protection is 25 year s for trees, fruit trees and – grapevine and 20 years 
for plant varieties and other species, with the possi ble extension for another ten years. The Law provides 
the exclusive rights of exploitation to the patentee which are listed in Article 13 (Law on Plant Variety 
Protection). Moldova has also become a member of UPOV.  
- Topographies of integrated circuits  
194. The representative of Moldova noted that pur suant to the Draft Law for amending various 
Laws, protection was granted only for genuine topogr aphies and not for ideas, processes, systems, 
technology or coded information wh ich may be embodied in topographi es. Registration is  made without 
substantive examination. The certificate is valid for ten years. 
195. The representative of Moldova said that presently there were no provisions governing 
topographies of integrated circuits . A Draft Law on Topographies of Inte grated 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  
196. The representative of Moldova stated that trade secrets were protected under the Law on the 
Protection of the Trade Secret, No. 171 adopted by  Parliament 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 otherwise as confidential; (iv) is not covered by the provisions 
of copyright or patents. Special provisions are applie d for state secrets and matt ers of national interest.  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 81 
 
 
Trade secrets are protected as long as they meet th e above - mentioned criter ia. This Law contains no 
limitations on the protection and no compulsory licensing provisions. 
197. 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. 
198. He noted that marketing of pha rmaceuticals and agricultural chem ical products, which utilized 
new chemical entities without registration of intellec tual property rights, were only subject to approval 
by the Ministry of Health or the Ministry of Agri culture, respectively. 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 undisclose d information, the Ministry of 
Health or the Ministry of Agricult ure provide such protection according to the legislation in force. In 
order to import and sell agricultura l chemicals in Moldova, an importer has to obtain an import licence 
and a hygiene or conformity certificate. For the impo rtation of pharmaceutical s, Moldovan legislation 
requires an import licence. In  addition, pharmaceuticals to  be imported 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  
199. The representative of Moldova st ated that Moldovan law recognized 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. 
200. He added that in case of refusal, a patent ap plication could be converted into a utility model 
application with an 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 certificat e is valid for five years from the filing date.  WT/ACC/SPEC/MOL/4/Rev.2 
Page 82  
 
3. Measures to Control Abuse of Intellectual Property Rights  
201. In response to questions, the representative of Moldova stated that enforcement proceedings 
were stipulated under existing Moldovan laws and allow effective action against infringement on 
intellectual property rights. The initiative for acti on against infringement is up to the holder of the 
property right. The Customs Control Service is empowered to hold back copies of works and 
phonograms introduced or taken out without licence.  Provisions for special measures by customs 
concerning the infringement of right of intellectual  property rights are in the elaboration stage. 
4. Enforcement  
- Civil judicial procedures and remedies  
202. The representative of Moldova in formed members of the Working Party  that legislation in 
force provides 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. 
203. He noted that whilst civil legi slation of the Republic of Moldova  contains general provisions on 
property rights, specific provisions relating to the protection of intelle ctual property rights are contained 
in the laws in the field of intellectual property rights. 
204. He further noted that intellectual Property Rights litigation and disputes are solved in the 
Republic of Moldova, depending on part icular cases, in the following j udicial authorities: (i) ordinary 
courts, against whose judgments appeals could be subm itted to the Court of A ppeals and ultimately to 
the Supreme Court of the Republic of Moldova; (ii)  Economic Court, where appeals may be submitted 
to the Economic Appeals Court and ultimately to th e Supreme Court of Justice of the Republic of 
Moldova. 
205. 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 person found guilty of an in fringement may be ordere d to pay a fine, damages 
or compensation. Eventually, the injured may also request that the goods or the equipment used to  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 83 
 
 
produce the goods concerned be destroyed or rendered incapable of the use which infringed his rights 
(see Article 25, Trademark Law).  
206. He added that at the request of the injured part y, the equipment and material used unlawfully to 
reproduce and affix the trademark or appellation of origin concerned shall be prohibited from use with 
that purpose. Stocks of infringing signs reproducing the trademark or appellat ion of origin shall be 
destroyed and trademarks or appellations unlawfully a ffixed to products shall be removed, even if that 
led to the destruction of the products. In accordan ce 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. For copyright piracy such meas ures include the seizure 
of infringing copies of works or phonograms or the materials and the eq uipment 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  
207. 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 injuncti on 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. 
208. He also noted that provi sional 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.2 
Page 84  
 
- Any administrative procedures and remedies  
209. In response to questions from members of the Working Party, the representative of Moldova 
stated that Article 51(3) of the Code on Admi nistrative Contravention provides for fines of 10-75 
minimum salaries and confiscation of goods in cases of violation of  an exclusive industrial right. 
Article 152(2) of the same Code provides fine of 15 to 25 minimum salaries and confiscation of goods 
in cases of false utilization of trademarks. 
- Any special border measures  
210. 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.  
211. In response to requests for more information, th e representative of Moldova stated that at the 
present time no indication of the time frame for ad option of provisions on border measures may be 
made. A draft law on border enforcemen t measures has been submitted to Parliament in the form of an 
amendment of the Customs Code. Presently, a new Cust oms Code is being drawn up . At the moment of 
its adoption, the aforemen tioned Governmental  Decision shall be abrogated. 
- Criminal procedures  
212. The representative of Moldova noted 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: 
141  infringement of inventor's rights; 
158  unlawful utilization of trademarks; 122  misappropriation of the owner's property by swindle;  220  acquisition or sale of property obtained by crime; 200 obstruction or damaging of posters, public de clarations, notifications, advertisements 
of the Code concerning admi nistrative Contravention.  
 
213. Some members of the Working Party requested  nformation on the criminal procedures and 
penalties applicable to the unlawful  utilization of trademarks, as prov ided by Article 158 of the Criminal 
Code. In response, the representative  of Moldova said that the procedur es in these cases were the same 
as for ordinary criminal offenses.  WT/ACC/SPEC/MOL/4/Rev.2 
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214. The representative of Moldova stated that pursu ant to Article 38(12) of the Copyright Law, a 
person committing an intentional infringement of a co pyright or neighboring rights for gain and having 
caused considerable prejudice to the holder of the righ t is liable to a term of  imprisonment of one to 
three years or/and to a fine of 100 - 1000 times the minimum salary.  
215. The representative of Moldova stated that Moldova would comply with all the 
provisions of the Agreement on Trade-Related Asp ects of Intellectual 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  
216. The Government of the Republic of Moldova provi ded 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 market access in se rvices, on the basis of the offer circulated to 
Working Party in document WT/ACC/SPEC/MOL/2/ Rev.2. The result of these negotiations is 
reproduced in the Schedule of Specific Commitments on Services contained in Part II of the Annex to the Protocol of Acces sion of the Republic of Moldova.   
217. 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. 
218. 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). 
219. 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 
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 insurance services had to obtain a license issued by the WT/ACC/SPEC/MOL/4/Rev.2 
Page 86  
 
Ministry of Finance. The detailed rules governing the licensing requirements for insurance companies 
were contained in the Regulation "On the Issu e of Licenses for Insurance Services" from 
17 November 1995. 
220. 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  banking system with the National Bank of Moldova 
serving as the central bank. The activity of the Na tional 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  
221. 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 and the Republic of Moldova was signed on 15 April 1994. From the date of signature, all Part ies to the Agreement app lied the Agreement on a 
provisional basis until the ratification procedu res had been concluded. The Agreement entered 
into force with respect to: Moldova, Kazaks tan and Uzbekistan on 30 December 1994, the 
Kyrgyz Republic on 28 December 1995, for th e Republic of Azerbaijan on 18 December 1996, 
for Tajikistan on 7 May 1997.  On 2 April 1999, the Parties to the Agreement signed the 
Protocol on Amendments and Supplements to the Agreement on the Creation of a Free-Trade 
Area 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 notifi cation on ratification is submitted to the 
Depositary. For a party that completes its rati fication procedures later, the Protocol would 
enter into force on the day when its notifica tion is submitted. The free trade agreement 
contained provisions relating to trade in goods that are of relevance to the Members of the  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 87 
 
 
WTO. The Agreement establishes a free-trade area 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, Republic of Tajikistan and 
Romania in accordance with Article XXIV of the GATT 1994 and the Understanding on the Interpretation of Article XXIV. Duties and oth er restrictive regulations of commerce had been 
eliminated on substantially all trade between the signatories.   
222. In response to requests for info rmation, the representative of Moldova said that all Members 
States of the European Union had not yet ratified  the Agreement of Partne rship and Cooperation with 
the European Union. The interim agreement did not  contain any provisions wi th restrict Moldova's 
ability regarding market access and national treatment for goods and services. Furthermore, under the 
Textiles and Clothing Agreement with the EU, Mold ova textile and clothing products could enter the 
European Union (EU) market  without quota limitations.  The Agreement also provided the European 
Communities with non-discri minatory treatment in the applicatio n of quantitative restrictions, the 
granting of licenses and the allocation of currency needed to pay for imports. The representative of 
Moldova confirmed, that this non-discriminatory tr eatment was also available to other WTO Members 
on an m.f.n. basis (Government Decision No. 689 of 8 November 1993, amended by Government 
Decision No. 421 of 20 June 1995). 
223. The representative of Moldova informed the members 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. Th e detailed regulations gov erning 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.  
224. 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 
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 Regional Trade Agreements. WT/ACC/SPEC/MOL/4/Rev.2 
Page 88  
 
225. 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 the informat ion on the free trade agreements signed with CIS 
countries and Romania was under preparation. Some members of the Working Party also requested a 
schedule describing the state of all preferential agreements presently held by Moldova, and a 
description of their compatibility with the relevant  provisions of the WTO Agreement. In response, 
the representative 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 th ese agreements to the WTO. The requested detailed 
information requested was under preparation.  
226. The representative of Moldova said that Moldova would observe all WTO provisions, 
including those of Article XXIV of the GATT 1 994 and Article V of the GATS in the trade 
agreements, and would ensure that the provision s of these WTO Agreements for notification, 
consultation and other requirements 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 Trade Agreements (CRTA). 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  
227. 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.  
228. 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 
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. A general rule (according to the  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 89 
 
 
provision 76 of the Constitution of the Republic of Moldova) applied that no law, decision or 
regulation was enacted and implemented without prior publication.  
229. 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  
230. The representative of Moldova stated that a schedule on notifications required by 
Agreements constituting part of the WTO Agreement had been submitted in document 
WT/ACC/SPEC/MOL/6 with information about deadlines of all notifications required upon accession and immediately after accession.  Any regulations subsequently enacted by Moldova 
which gave effect to the laws enacted to impl ement any Agreement constituting part of the 
WTO Agreement would also conform to the requi rements of that Agreement.  The Working 
Party took note of this commitment.  
- Conclusions  
231. 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 parargraphs 28, 31, 
46, 52, 61, 63, 69, 76, 85, 93, 97, 99, 101, 108, 113, 133, 134, 139, 143, 148, 151, 215, 226 and 230 of this Report. The Working Party took note that  these commitments had b een incorporated in 
paragraph 2 of the Protocol of Accession of Moldova to the WTO. 
232. 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 WT/ACC/SPEC/MOL/4/Rev.2 
Page 90  
 
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.2 
 Page 91 
 
 
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. 
 
 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 WT/ACC/SPEC/MOL/4/Rev.2 
Page 92  
 
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. 
 
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 w eapons and equipment (e xclusive licensing 
of state enterprises); 
- instruction and re-cycling of drivers of auto transport means; 
- security insurance and protection activity; 
- seals fabrication;  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 93 
 
 
- import, export and re-export of w eapons and respective equipment. 
 
The Ministry of National Security:  
- elaboration, production and commercialization of ciphering technology, technical and 
prophylactic assistance of ciphering means and of other special means for the 
custody, processing, transmission, interception and registration 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, Buildin gs 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-assemb ling, rebuilding, general repairs, 
modernization and restoration for all categor ies of constructions, including technical 
networks and those of public utility; 
- activity concerning the production of materials and building items. 
 
The Department of Standards, Metrology and Technical Assistance:  
- construction, assembly (including regulation) , exploitation 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 n ecessity, there will be a coordination with 
the Department of Civil Protection and Emergency Cases); 
- 
fabrication, assembly (including regulation) and repairs of the chemical, mineral, 
antideflagrant 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’(object s’) security, including the underground and 
electric/thermal/energetic works; 
- fabrication, repairs, verification, calib ration, experimentation, exploitation and 
commercialization of measuring means; WT/ACC/SPEC/MOL/4/Rev.2 
Page 94  
 
- 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 (aft er 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, production and internal cons ume of substances, destroying the ozone 
stratum, regulated by the Montreal Protocol, as well as of products, containing the regulated substances; 
- import, custody, exploitation and usage of ionized radiation sources of reagent 
materials. 
 
The Department of Civil Protection and Emergency Cases:  
- functioning of buildings, constructions, pr oduction 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 fi re stimulation properties of substances, 
materials, articles of equipment and build ings in accordance with the rules of the 
national certification system; 
- creation of a department service of fire br igades within enterprises of civil protection 
services formations (military, militarized, specialized, territorial, etc.); 
- fabrication of techniques of emergency in tervention in case of fire, of technical 
equipment for fire putting out, of fire prot ection 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 prot ection and of systems of vital insurance; 
- instruction and briefness in the field of civil protection. 
 
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 Surve y, 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 land survey, the elaboration of 
organizational projects of the territory and the ground evaluation; 
- undertaking of equipment and estima tion works of the immobile goods. 
  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 95 
 
 
The Coordinating Council of the Audiovisual:  
- radio emissions; 
- TV programmes. 
 
The National Agency for the Regulation in Energetic:  
- production transportation, dispatch, distribution and furnishing of electric energy in 
regulated and non-regulated tariffs; 
- production, distribution and furnishing of the thermal energy; 
- production, stocking, transportation, distri bution and furnishing of natural gases of 
regulated and non-regulated tariffs. WT/ACC/SPEC/MOL/4/Rev.2 
Page 96  
 
APPENDIX  
 
ACCESSION OF MOLDOVA  
 
Draft Decision
 
 
 
The General Council,  Having regard
 to the results of the negotiations directed  towards the establishment of the terms of 
accession of the Republic of Moldova to the Marr akech Agreement Establishing the World Trade 
Organization and having prepared a Protocol for the Accession of Moldova, 
 Decides
, in accordance with Article XII of the Marr akech Agreement Establishing the World Trade 
Organization that the Republic of Moldova may acced e to the Marrakech Agreement Establishing the 
World Trade Organization on the terms set out in the said Protocol.  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 97 
 
 
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 accorded under Article XII of the Marrakech Agreement Establishing 
the World Trade Organization (hereinafter referred  to as "WTO Agreement"), and the Republic of 
Moldova (hereinafter 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, Moldova 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 230 of the Working Party Report, sh all be an integral part of the WTO Agreement. 
 3. Except as otherwise provided for in the para graphs referred to in paragraph 230 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.   WT/ACC/SPEC/MOL/4/Rev.2 
Page 98  
 
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. 
 
Part II - Schedules 
 
5. The Schedules annexed to this Protocol shall 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 
31 December 1999. 
 
8. This Protocol shall enter in to force on the thirtieth day following the day of its acceptance. 
 9. This Protocol shall be deposited with the Di rector-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.  This Protocol shall be registered in accordance with  the provisions of Article 102 of the Charter of the 
United Nations. 
 
Done at Geneva this ... day of .... one thousand nine  hundred and ninety nine, in a single copy in the 
English, French and Spanish languages each text being authentic, except that a Schedule annexed 
hereto may specify that it is authentic in only one or more of these languages.  WT/ACC/SPEC/MOL/4/Rev.2 
 Page 99 
 
 
ANNEX  
 
SCHEDULE –  THE REPUBLIC OF MOLDOVA  
 
Part I - Goods  
 
[to be completed] 
 
 
Part II - Services  
 
[to be completed] 
 
__________