TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12-1221 

________________________________________________________________________ 

WEAPONS 

Proliferation and 

Assistance to Border Police 

 Implementing Agreement Between the 

UNITED STATES OF AMERICA 

and MOLDOVA 

Signed at Chisinau December 21, 2012 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
MOLDOVA 

Weapons: Proliferation and 

Assistance to Border Police 

 Implementing agreement signed at Chisinau 

 December 21, 2012; 

 Entered into force December 21, 2012. 
IMPLEMENTING AGREEMENT

BETWEEN

THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA

AND

THE BORDER POLICE DEPARTMENT OF THE MINISTRY OF INTERNAL

AFFAIRS OF THE REPUBLIC OF MOLDOVA

CONCERNING COOPERATION IN BORDER SECURITY ASSISTANCE AND

PREVENTING THE PROLIFERATION OF WEAPONS OF MASS

DESTRUCTION

The Department of Defense of the United States of America (hereinafter referred to as DoD) and

the Border Police Department of the Ministry of Internal Affairs of the Republic of Moldova

(hereinafter referred to as BPD) , jointly referred to as the Parties;

Desiring to strengthen the border security of the Republic of Moldova in order to prevent the

unauthorized transfer and transportation of weapons of mass destruction (hereinafter referred to

as WMD) and related technology, materials and expertise through the territory of the Republic of

Moldova;

Acting under the provisions of the Agreement Between the Government of the United States of

America and the Government of Moldova Regarding Cooperation to Facilitate the Provision of

Assistance, done at Chisinau on March 21, 1994 (hereinafter referred to as the Umbrella

Agreement);

Have agreed as follows:

ARTICLE I

1) Pursuant to the Umbrella Agreement, and under the provisions of this Agreement, DoD

or its authorized implementing representatives may provide to the BPD or its authorized

implementing representatives assistance for the purposes of enhancing border security in

order to prevent, detect, deter, and interdict trafficking in WMD and related materials and

technologies through the territory of the Republic of Moldova. Such assistance may take

the form of equipment, supplies, materials, technology, training, and services, in

accordance with the provisions of this Agreement. The BPD shall oversee imports,

distribution, and targeted usage of equipment, supplies, materials, and technologies

provided.

2) The BPD or its authorized implementing representatives shall use all equipment,

supplies, materials, technology, training, and other relevant services that are provided by

DoD in accordance with the purposes stated in this Agreement and in compliance with

the Umbrella Agreement.
ARTICLE II

Each Party to this Agreement shall have the right, following written notification to the other

Party, to designate a technical liaison representative or representatives to coordinate material,

training, and services provided pursuant to this Agreement. Each Party shall have the right,

consistent with its laws and regulations, and following written notification to the other Party, to

authorize other agencies, departments, units of its respective government, or non-governmental

organizations to implement specific tasks related to this Agreement.

ARTICLE III

1) The BPD or its authorized implementing representatives shall coordinate with other

appropriate Government of the Republic of Moldova ministries, agencies, and

organizations to ensure that materials, including supplies, equipment, and instruments,

provided to the Government of the Republic of Moldova under this Agreement, are

afforded priority processing to allow prompt delivery to appropriate agencies within the

Republic of Moldova. The BPD or its authorized implementing representatives shall

coordinate with the appropriate Government of the Republic of Moldova ministries,

agencies, and organizations to ensure that appropriate security measures are provided for

DoD personnel and contractors in the territory of the Republic of Moldova. The BPD or

its authorized implementing representatives shall also take all reasonable measures for

securing materials, including supplies, equipment, and instruments, at those facilities

associated with activities under this Agreement.

2) The BPD or its authorized implementing representatives shall facilitate the examination

by the appropriate ministries, agencies, and organizations of the Government of the

Republic of Moldova of all materials, including supplies, equipment, and instruments

received pursuant to this Agreement, and provide confirmation of their acceptability to

DoD within ten days of receipt of the results of such examinations. Materials, including

supplies, equipment, and instruments, .that fail to conform to agreed-upon specifications

shall be returned within 30 days of receipt to DoD, through the Embassy of the United

States in Chisinau, for replacement at DoD expense.

3) The BPD or its authorized implementing representatives shall cooperate with DoD

annually to develop a plan describing the underlying assumptions, requirements,

responsibilities, and methods of utilization of equipment for each project being

undertaken pursuant to this Agreement, and the BPD or its authorized implementing

representatives shall certify each such plan as accurate.

4) The BPD or its authorized implementing representatives, in accordance with the laws of

the Republic of Moldova, shall coordinate with the appropriate ministries, agencies, and

organizations of the Government of the Republic of Moldova to acquire rights to manage

real property and to secure issuance of authorization documents as may be necessary to

facilitate activities under this Agreement, thereby enabling DoD to provide technical

assistance including equipment, supplies, and training in a timely fashion.

ARTICLE IV

The BPD shall furnish the Government of the United States of America (hereinafter referred to

as the U.S. Government) with timely information on any detection or seizure of material related

to WMD made as a result of using U.S. Government-supplied monitoring and detection

equipment or technology, or through any other materials, devices, or expertise provided by the

U.S. Government. The BPD shall also furnish the U.S. Government with timely information on

all data collected.
ARTICLE V

1) This Agreement and all activities undertaken pursuant to this Agreement shall be subject

to and governed by the provisions of the Umbrella Agreement.

2) In case of any inconsistency between the provisions of this Agreement and the provisions

of the Umbrella Agreement, the provisions of the Umbrella Agreement shall prevail.

3) In addition to the inspection and audit rights under Article III of the Umbrella

Agreement, DoD-authorized implementing representatives shall have the right to monitor

the implementation of the terms of contracts and progress of work performed at facilities

on the territory of the Republic of Moldova under this Agreement.

ARTICLE VI

1) This Agreement shall enter into force on the date of signature and shall remain in force

for the duration of the Umbrella Agreement unless terminated by the Parties under the

provisions of this Agreement.

2) This Agreement may be amended by the written agreement of the Parties, and may be

terminated by mutual consent of the Parties in writing or by either Party upon at least 90

days prior written notification to the other Party.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective

Governments, have signed this Agreement.

DONE atCAAISi N , in duplicate, this..71'4 day ofL tAt\c,:t 2012, in the English

and Moldovan languages, each text being equally authentic.

tkALL,, t,

FOR THE DEPARTMENT OF DEFENSE FOR T a BORDER POLICE

OF THE UNITED STATES OF DEPARTMENT OF THE MINISTRY OF

AMERICA: INTERNAL AFFAIRS OF THE

REPUBLIC OF MOLDOVA: