Policy/Legal Framework. GAP(s): • Unless in the form of a normative act, dissemination of trade information of the type described in Article 1.1 is not specifically mandated or authorized in legislation • For current compliance with Article 1.1., see table, below Description: 1. “Normative acts” issued by the government and other central administrative bodies are required to be published in the Official Gazette and in the State Register of Legal Acts (Law No. 92 of April 1, 2004, “Publication and Republication Procedures for Normative Acts and Correction Thereto”). (State Register of Legal Acts is at xxxx://xxx.xxxxxxx.xx/) 2. Under this law, public authorities are required to transmit legal acts to 1. Review and revise as necessary government policy/strategy to ensure publication of the import-export information of the type and in the manner described by the WTO agreement Describe Your Current Situation Barriers (Give Reasons for non-compliance) Actions/Resources Required & Cost (Number the Actions) TACB Resources Needed (Specify Action Number) “Moldpress,” the State News Agency responsible for publication, within limited time periods (e.g., 3 days from date of signing) and requires Moldpress to publish within limited periods of receipt (e.g., 10 days). 3. Publication is required in the Romanian with translation to Russian and other languages as may be required by law. 4. The law also authorizes publication of normative acts via other media (radio, television, Internet), with reference to the Official Gazette publication.
Policy/Legal Framework. GAP(s): • No specific provisions that require or authorize the publication of practical guides to import, export and transit procedures, via internet or otherwise Description: 1. There are no specific legal provisions requiring or authorizing Customs or other border agencies to draft and publish practical guides to their import/export/transit procedures, including appeal procedures. 1. Difficult to design practical guides that will be generally useful on all matters of interest (they may be too complex for some users; not detailed enough for others) 1. Decisions on general approach (the target audience, the information to be presented, form and manner of presentation, etc.). 2. Designate responsible and supporting bodies. These may include academic institutions, private sector, and/or the Ministry of Economy’s export promotion agency. 3. Assess possibility of establishing a national trade information portal; that is, a single source for information about Customs and any other border agency requirements for import, export or transit.
Policy/Legal Framework. GAP(s): • Government policy decision concerning the organization of a national trade enquiry point(s) not yet taken Description: 1. The government has not yet decided • This is a new requirement that has not yet been analyzed and discussed in detail by the relevant authorities. • Lack of funding. 1. Assess options for the implementation of the national enquiry point. Options to be evaluated include: (i) base the enquiry point on the three separate call centers now maintained by Customs, ANSA and the Border Police, and (ii) establish a single national trade enquiry point that would be responsible for Describe Your Current Situation Barriers (Give Reasons for non-compliance) Actions/Resources Required & Cost (Number the Actions) TACB Resources Needed (Specify Action Number)
Policy/Legal Framework. GAP(s): • No legal obligation to publish final trade regulations with a delayed effective date (e.g., enters into force 30 days after publication) • The prescribed 15-day period to comment on proposed legal acts may be considered too short Description: Opportunity to Comment 1. The law on Transparency in Decision Making (LEGE Nr. 239, din 13.11.2008) requires Parliament and all public authorities to provide interested parties with an opportunity to comment on proposed legal acts. 2. Authorities are required to notify the initiation of work on draft decisions; publish the draft legal acts and related materials; hold consultations with the public on the draft; consider recommendations made by interested 1. Modify legislation to require publication of trade laws and regulations prior to entry into force, with exceptions as indicated in Article 2.1 of the agreement 2. Review possible revision of legislation to allow longer comment period. Describe Your Current Situation Barriers (Give Reasons for non-compliance) Actions/Resources Required & Cost (Number the Actions) TACB Resources Needed (Specify Action Number)
Policy/Legal Framework. GAP(s): • No formal legal basis requiring border agencies regular consultations with stakeholders, other than in relation to specific draft legal acts under the Law on Transparency Description: 1. Border agencies in Moldova are the Customs Service, the Border Police, and the National Agency for Food Safety (ANSA). 2. Public consultation in connection with “decisions” by such border agencies (legal acts adopted by public authorities) is required by the law on Transparency in Decision Making (LEGE Nr. 239, din 13.11.2008) (this is described in relation to Article 2.1). 3. There are no provisions in the Customs Code or decisions of Government requiring regular consultation with stakeholders. Lack of funding to support staff required for this function 1. Establish a formal legal obligation based on, for example, the EU customs legislation, to require border authorities (Customs, ANSA, and Border Police) to conduct regular stakeholder consultations Describe Your Current Situation Barriers (Give Reasons for non-compliance) Actions/Resources Required & Cost (Number the Actions) TACB Resources Needed (Specify Action Number)
Policy/Legal Framework. GAP(s): • There are no provisions for advance rulings on questions of customs valuation or other matters other than origin or tariff classification Description: 1. The Customs Code provides for advance rulings on both tariff classification questions (“Prior Tariff Decision”) and origin of goods (“Mandatory Information on Goods Origin and Informing the Declarant”)(Articles 1413- 1414 and Articles 2151-2152, respectively.) 2. There are no provisions that specifically mandate or authorize advance binding rulings on customs valuation, application of duty reliefs or exemptions, or any other matters. 3. With respect to tariff classification, the Code provides the following: • application for a ruling may be made by any “interested person” • decision binding on Customs and the applicant • application to be made in writing, according to procedure established by Customs Service • decision to be issued by Customs not later than 3 1. Although there appears to be demand from businesses, Customs has not taken a decision to extend advance ruling program to customs valuation questions because of uncertainty about consequences and implementation and because issuance of rulings on valuation does not appear to be a common practice in other EU countries (among other reasons). Also, it seems that few importers have all documents required to determine the value of goods before the goods arrive to the country or would be willing to provide them. 2. No legal basis for advance binding rulings on matters other than origin and tariff classification. 3. Customs revenues account for 70% of income. Changes in legislation related to duty assessment and 1. Assess the feasibility and impact of implementation of a binding rulings program for customs valuation and other matters (such as proper application of customs destinations), particularly the impact on revenue collection. [NOTE: The WTO Trade Facilitation Agreement “encourages” but does not require members to implement an advance rulings program on matters other than origin and tariff classification of goods.] 2. If decision is taken to extend the scope of customs advance rulings to customs valuation and/or other matters, draft the necessary legislation/orders. Describe Your Current Situation Barriers (Give Reasons for non-compliance) Actions/Resources Required & Cost (Number the Actions) TACB Resources Needed (Specify Action Number) months of receipt of written request; if delayed, applicant shall be advised in writing, with reasons ...
Policy/Legal Framework. GAP(s): • No gaps in the legislation noted by stakeholders Description: 1. The relevant Customs Code provisions on administrative and judicial appeal (Articles 285 to 300)- • provide a right of appeal against an “administrative act, actions or failure to act” by Customs or its officers, other than administrative or criminal sanctions • allow appeal to be made by “any person” (legal or natural) who considers its legal rights or interests violated • require initial appeal to be made to the Customs Service • require appeal to be made within 10 days of protested decision or action, with possible extension on request • require Customs to issue decision in Describe Your Current Situation Barriers (Give Reasons for non-compliance) Actions/Resources Required & Cost (Number the Actions) TACB Resources Needed (Specify Action Number)
Policy/Legal Framework. 1. Analyze and revise legal framework and procedures, as required, to enable ANSA’s Describe Your Current Situation Barriers (Give Reasons for non-compliance) Actions/Resources Required & Cost (Number the Actions) TACB Resources Needed (Specify Action Number)
Policy/Legal Framework. GAP(s): • No gaps identified by stakeholders Description: 1. There are no specific provisions in the Customs Code requiring or authorizing notification of the declarant or his agent where goods are detained for inspection by Customs or other border authority. However, the Customs Code provides for right of declarant or his representative to be present at examination, with certain exceptions for exigent circumstances (Art. 201). For that reason, stakeholders stated that the declarant or his representative is informed when goods are detained for inspection. 2. Rules for cooperation between Customs and ANSA authorities at the border are defined in Government Order 1073 of 10.09.2008 (“Cu privire la optimizarea modului de trecere a frontierei de stat de către mijloacele de 1. Describe Your Current Situation Barriers (Give Reasons for non-compliance) Actions/Resources Required & Cost (Number the Actions) TACB Resources Needed (Specify Action Number)
Policy/Legal Framework. GAP(s): • No right to a second test under the customs legislation (although Customs has general authority itself to request a second test, and may do so on request of the importer) • Customs laboratory test is legally conclusive (prevails over all others) • No specific provisions establishing right to retest in SPS related legislation (although this is generally permitted by ANSA in practice) Description: 1. The Customs Code requires the Customs Service to establish laboratories to examine and test goods for Customs purposes (Art. 10). These facilities are now in the process of being constructed. In the absence of customs laboratories, Customs uses private laboratories, in Moldova and other countries, for the tests of goods that it 1. Review and analyze relevant customs and ANSA legislation and develop conforming provisions as required. Describe Your Current Situation Barriers (Give Reasons for non-compliance) Actions/Resources Required & Cost (Number the Actions) TACB Resources Needed (Specify Action Number) conducts for its purposes. 2. Relevant provisions concerning rights and obligations in connection with Customs sampling and testing goods are set out in Arts. 20210 to 20212 - • The declarant has the right to results of the expert examination • Results and conclusions of the customs laboratory shall prevail over the information or acts of other expert institutions or experts, as well as over other documents containing information on physical and chemical characteristics or properties of the goods, if such results and conclusions are contradictory • The deciding Customs officer may ask for additional tests by the same expert or another expert if the first test results are not clear or complete or defects in the procedures (20215) 3. There are no specific provisions in the customs legislation providing a declarant with the right to request a second test by Customs. In practice, however, Customs can permit the second test on the importer’s request Describe Your Current Situation Barriers (Give Reasons for non-compliance) Actions/Resources Required & Cost (Number the Actions) TACB Resources Needed (Specify Action Number)
