Progress Report on the implementation of the National ... - mfa.gov.md

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Nov 30, 2013 (3 years and 10 months ago)

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1

Second
Progress Report o
f

the implementation
by Republic of Moldova
of the
Action Plan on Visa
Liberalisation




Background


EU
-
Moldova Visa Dialogue was launched on 15 June 2010 and the EU
-
Moldova Action on Visa
Liberalisation was presented on 24 Januar
y 2011.


A National Annotated Agenda for the implementation of the Visa Action Plan has been approved by the
Government of the Republic of Moldova on 16 February 2011. As well, a legislative Program for the
implementation of the EU
-

Moldova Visa Liberalis
ation Action Plan was developed by the Parliament to
address the legislative dimension of the Visa Liberalisation Action Plan.


A National
Working Group on coordination of the visa liberalization process (MD Visa Task Force) has
been set up and meets regu
larly.


Overview of the second progress report


The Second Progress Report reflects actions undertaken by the Moldovan authorities since the reception
of the Visa Liberalisation Action Plan (last 11 months) and follows the structure of the Action Plan.


Th
e adjustment of the legal framework until the end of 2011 in the area of justice and home affairs has
been one of the top priorities of the Moldovan authorities on its European integration agenda of reforms.


The Republic of Moldova is committed to fully
finalize the implementation of the Ist phase before the
official decision to pass
to the

evaluation of the second phase of the Action Plan is discussed at the end of
2011 and beginning of 2012.


Updated information on the pending adoption legislation will

be submitted to the Council before the end
of January 2012.


Summary


Block 1: Document security, including biometrics



Fully implemented


Taken into consideration that the Republic of Moldova is issuing exclusively biometric passports since 1
January 20
11 (in consular and diplomatic missions abroad starting from 1 January 2012) all the legislative
framework is in place, the Calendar Plan for receiving, installing and testing of the equipment for the
complete roll
-
out of biometric passports and the Action

Plan for implementation of the biometric
passports at Moldovan consulates abroad are implemented. Continuous training on Ethical Code for
employees responsible for the administration of the process of documentation of population is organised.


Block 2: Ir
regular immigration, including readmission


Advanced stage of implementation


Border management


Most of the legislative framework is in place.
The National Strategy

on Integrated Border Management of
the State Border for years 2011


2013 and its Action
Plan, a new the Law on state border, as well
Deontological Code of the border guards have been approved
. Advanced stage in approval of the Border
Police Law (demilitarization and professionalization of the Border Guards Service). The law is planned to
be a
dopted by the end of 2011. W
orking agreement with FRONTEX was signed and a Cooperation
Action Plan with FRONTEX for 2009
-
2011 is implemented. A new Cooperation Action Plan with
FRONTEX for 2012
-
2014 was developed.




2

Migration Management


Most of the legisl
ative framework is in place. The National Strategy in the field of migration and asylum
and its implementation Action Plan was adopted. Good progress has been achieved in adopting migration
related legislation. Law on integration of foreigners was drafted
and planned to be adopted by the end of
2011. High Level Meeting on 24November praised the good implementation of the EU
-
Moldova
Mobility Partnership. Moldova shared experience with other EaP partners (Armenia and Georgia) and is
ready to transfer good pr
actices with Tunisia and Morocco. Extended Migration Profile is developed.


The Bureau for Migration and Asylum within the Ministry of Interior, the Centre for the Temporary
Accommodation of Foreigners and the Accommodation Center for Asylum seekers are f
ully operational.


All necessary legislation in the area of asylum is in place.


Smooth implementation of the EU
-
Moldova Readmission Agreements was ensured. 14 Implementation
Protocols have been concluded (Austria, Belgium, Denmark, Estonia, Hungary, Germa
ny, Latvia,
Lithuania, Luxemburg, Malta, Netherlands, Romania and Slovakia, as well with Switzerland).


Block 3: Public order and security
-

Advanced stage of implementation


Ongoing reform of law enforcement institutions and authorities in the area of pub
lic order and security,
including the police


The Concept of reform of Ministry of Interior, its subordinated and decentralized institutions was
developed and its Action Plan is being implemented. A comprehensive Strategy on the Justice Sector
Reform was a
dopted and started to be implemented.


Preventing and fighting organized crime, terrorism and corruption


Most of the legislative framework is in place. The National Strategy for prevention and fighting organised
crime and its implementation Action Plan we
re adopted. The Law for prevention and fighting organised
crime was approved by the Government and planned to be adopted by Parliament by the end of 2011).


A Centre for Fighting Trafficking in Human Beings was established in 2006 and is fully operational.

The
National Plan and Additional Plan for Preventing and Combating
Trafficking in Human Beings

for the
years 2010
-
2011 were adopted and are implemented. The new Action Plan is drafted. A
National Referral
System is in place.


The Anti
-
Corruption Centre is

operational and launched its reform process. A National Strategy for the
Prevention and Fight against Corruption, the
Law on
Main Ethics Committee and a series of law on
further harmonizing the exiting framework were approved in line with GRECO recommenda
tions. The
CCECC reform

strategy

was drafted and sent for inter and intra agency consultations and is expected to
be approved by the Government by the end of 2011.


The legal framework for preventing and fighting money laundering and the financing of terro
rism is in
place.
The National Strategy

for preventing

and

combating

money

laundering

and

financing of terrorism

for

the years 2010
-
2012

and the
Action Plan

for its implementation were adopted.


National Anti
-
drug Committee was created.
The National Anti
-
d
rug Strategy for 2011
-

2018 and the
Action Plan on its implementation for 2011


2013 were adopted. Official negotiations on Memorandum
of Understanding with EMCDDA are pending the Decision of the EMCDDA Board Members.


The National Centre for Data Protec
tion is fully operational. The Law on the personal data protection (in
a new version) and the
Concept of the
Automated Information System Register of personal data
controllers

were adopted and the Protocol to the Convention for the protection of individual
s with regard
to automatic processing of personal data, regarding supervisory authorities and trans
-
border data flows
was ratified.


3


Judicial Cooperation


The main legislative framework in the area of mutual legal assistance is in place. In order to ratif
y the 2
nd

Protocol to the European Convention on mutual assistance a set of legislation was approved by the
Government and pending adoption by the Parliament

by the end of 2011, namely: (1)
Law on special
investigating activity; (2)
Law on the amendment of

the Criminal Procedural Code in order to adjust it to
the new provisions on combating cross
-
border crime and international joint investigation teams. At the
same time, a revised national legislation on interception of telephone conversations and relevant
legislation

in the framework of Police

Cooperation Convention

for

South

East Europe was approved by
the Government and are planned to be adopted in the Parliament by the end of 2011.


Law enforcement cooperation


A permanent liaison officer to EUROPOL is d
elegated by the Republic of Moldova. A decision to start
negotiations on the Operational Agreement with Europol is currently pending. The informal consultations
with EUROJUST in order to sign the cooperation agreement continued.


Block 4: External relation
s and fundamental rights
-

Advanced stage of implementation


The main legal framework is in place.
The National Human Rights Action Plan and t
he Action Plan on
Roma Support for 2011


2015 were adopted. The implementation of the documents will be reflected

in
the 2012 state budget. The
Law on prevention and fight against discrimination was revised additionally

in
close consultations with civil society representatives and EU expertise and is scheduled to be adopted by
the Government by the end of 2011 and pl
aned to be adopted in the final reading by the Parliament at the
beginning of 2012. Moldovan Government in close cooperation with civil society is organizing
information campaigns in order to inform the Moldovan society about the content of the new legisla
tion.
































4


Block 1: Document security, including biometrics


1st phase (legislative and policy framework):


1. Consolidation of the legal framework for the issuing of machine
readable biometric passports in full compliance with h
ighest ICAO
standards on the basis of secure identity management (civil registry
and breeder documents) and taking into account adequate protection
of personal data

Status of Progress:

-

F
ully

implemented;



1.1. Amendment of the legal framework for the u
niversal issuance of electronic passports with
biometric data in compliance with perso
nal data protection legislation


The
Law on the amendment of

the Law no. 273
-
XIII from 9
November 1994 on identity documents of the
National Passport System was adopted b
y the P
arliamen
t
on 9

June 2011
, published in the Official
Gazette of the Republic of Moldova, on 8 July 2011, no. 110
-
112, art. 303

(S
ee

attached
A
nnex 1).


Description:

The amendments include for the first time provisions on the implementation of tempora
ry
passports for entry/exit from/to the country for some categories of persons with disabilities (it was not
reflected in national legislation before), as well the adjustment of the travel documents for stateless
persons
to

the requirements of the Conventi
on on the status of stateless persons from 28 of September
1954 from New York and ensuring stateless persons with identity documents with biometric data. The
amendments are following the requirements of:



The
Council
of the European Union
Regulation (CE) No
. 2252/2004 of the on standards for
security features and biometrics in passports and travel documents
issued by member states
is
aimed at establishing certain categories of people, who are exonerated from mandatory
incorporation of digital fingerprints in

the passports (travel documents) like physically disabled
persons for whom the process of fingerprints take is impossible. The law foresee
s

that for persons
who are temporarily incapable to be taken fingerprints, passports (travel documents) shall be
issu
ed for a period of validity of 12 months.



The Convention relating to the Status of Stateless Persons, adopted on
28
September 1954 in
New York, with regard to the name of the identity document issued to the stateless persons,
permanently residing in the R
epublic of Moldova for purposes of travelling abroad: „Stateless
Person's Travel Document” (Convention dated

28

September 1954)”


current name being
„Stateless Person's Passport”.


The
Law
on the amendment of some legislative acts (Law no. 273
-
XIII from 9

November 1994 on
identity documents of the National Passport System) was adopted by the Government on 18 November
2011 (Government Decision no 872 from 22 November 2011 and submitted to the Parliament for
approval.


Description:
The main amendments to the

law excludes the option of extending the term of validity of
service and diplomatic passports (the previous version of this paragraph had a sentence which indicated
the right of diplomatic and service passport holders to extend the term of validity of the
ir passport) and
excludes the option of including the picture and data of children in diplomatic and service passports, thus
implementing the „one person


one document” principle (the previous version of paragraph (4) had an
additional sentence indicating

the possibility of including the picture and data of children in diplomatic
and service passports).


The issuance of the temporary passports for certain categories of disabled persons


The
issuance
of the temporary passports for certain categories of disa
bled persons
was

launched
.



S
oftware adjustments have been operated to the following services:



5

-

Production and issuance of the passport
s

with biometric data

to
the citizens of the Republic of
Moldova, persons

whose digital fingerprints cannot be collected

temporarily due to their physical
condition
(PA)
.

-

Production and issuance of the passport
s

with biometric data

to

the

citizens of the Republic of
Moldova,
persons whose digital fingerprints cannot be collected permanently due to their
physical condition
(
PA)
.

-

Production and issuance of the travel document
with biometric data

to stateless persons, whose
digital fingerprints cannot be collected temporarily due to their physical condition
(PC)
.

-

Production and issuance of the travel document

with biometric dat
a to stateless persons, whose
digital fingerprints cannot be collected permanently due to their physical condition
(PC)
.


On

26 August
2011 the qualification testing of the adjustments operated in the software was carried out
and on
13 September
2011 accor
ding to the Instruction D
-
100 the operational testing was launched.


The issuance of diplomatic and service passports with additional biometric data


T
he Ministry of Foreign Affairs and European Integration has made necessary arrangements for
the
issuance
of diplomatic and service passports with additional biometric data included, such as: blood type,
fingerprints and digital photo.
T
he Ministry of Information Technology and Communication
suggested as
a temporary option
the utilization of

the same passports

booklets containing additional electronic sticker
with needed biometric data attached to it. This
procedure shall be made use of
until new electronic
booklets are purchased. Technical arrangements have been set and the following technical tasks have
been
agreed on for electronic diplomatic and service passports:



Task ST MD 35
-
37603221
-
105:2010 “passport booklet containing integrated circuit for
diplomatic passport (e
-
PD)”.



Task ST MD 35
-
37603221
-
106:2010 “passport booklet containing integrated circuit for

service
passport (e
-
PS)”.


The common

order of the Ministry of Foreign Affairs and European Integration and the Ministry of
Information Technology and Communication on the Manual regarding the procedure of issuing
diplomatic and service passports containi
ng biometric data was drafted and was submitted for approval
and signature.


1.2. Amendment of the legal framework and regulation on the extending the scope of

state fingerprint
registration


The Law on the amendment o
f the Law no. 1549
-
XV from 19

December

2002 on state fingerprint
registration was adopted by the Parliament
on 9

June 2011
, published in the Official Gazette of the
Republic of Moldova on 1 July 2011, no. 107
-
109, art. 288

(See
attached
Annex 2)
.


Description:

The amendments are operated to e
nsure the process
ing

of the collected fingerprint
information for issuance of biometric passports in order to harmonise to the Article 2 of the Law No. 273
-
XIII fro
m 9

November 1994 on identity documents of the National Passport System, which
sets forth th
e

mandatory incorporation of biometric data (digital picture and fingerprints) in passports and travel
documents. The fingerprint information, collected
under
the above mentioned conditions shall
subsequently be processed in compliance with the Law no.17
-
X
VI from 15 February 2007 on personal
data protection

(Law no. 133 from 8 July 2011, published in the Official Gazette of the Republic of
Moldova on 14 October 2011, no. 170
-
175, art. 492, that will enter in force on 14.04.2012.)
. The
amendments are in line

with the requirements of the

Council of the European Union

Regulation (CE) no.
2252/2004 on standards for security features and biometrics passports and travel documents.


The relations arising from the acquisition of fingerprint information during the p
rocess of production and
issuance of ID documents that contain biometric data are carried out exclusively by the competent
subunits of the Ministry of Information Technology and Communications and diplomatic missions and
consular offices of the Republic of

Moldova and can be used only in the process of production of
biometric ID documents and their issuance to citizens.



6

On the other hand, the process of state fingerprint registration according to the Law no. 1549
-
XV of 19
December 2002 regulates the acquis
ition of fingerprint information by authorities with prosecution
competences in order to identify and confirm the identity of Moldovan citizens and stateless persons,
necessary to carry out the criminal investigation activity. This type of data can only be

used by the
authorities with prosecution competences in cases regulated by the national legislation and can’t be used
in the process of production and issuance of biometric ID documents.


In this regard, the relations arising from the acquisition of finge
rprints in the process of production and
issuance of biometric ID documents had to be legally differentiated from the process of fingerprint
registration regulated by the Law no. 1549
-
XV of 19 December 2002 on state fingerprint registration.


Therefore, b
y the means of the Article 1 (2) of the Law on amending the Law no. 1549
-
XV of 19
December 2002 on state fingerprint registration, adopted on 9 June 2011, the provisions of the given Law
have not been extended to the relations arising from the acquisition
of fingerprint information during the
process of production and issuance of ID documents that contain biometric data.


In this context, the relations arising from the acquisition of fingerprints in the process of issuing ID
documents that contain biometric

data have been set under the regulations of the Government Decision on
amending the Decision no. 376 from 6 June 1995 on the additional measures to create the National
Passport System (chapter III on the procedure of digital fingerprinting in the process
of documentation
with biometric passports and travel documents). This data will be collected, maintained, updated and used
by the authorities issuing ID documents according to the new Law on the protection of personal data,
which corresponds to the Europea
n Convention no. 108 of 1981 for the protection of personal data on the
automated acquisition of personal data.


1.3. Amendment of the legal framework and regulations on extending th
e State Register of Population


The Government Decision
no. 337 on amendme
nt of

the Government Decision no. 376 from
6
June 1995
regarding the additional measures to create the National Passport System has bee
n adopted by the
Government on
10

May 2011
,
published in the Official Gazette of the Republic of Moldova on 17 June
2011,

nr. 99
-
101, art. 464

(See

attached
Annex 3)
.


Description:

The Decision establishes the mechanism of acquisition and processing
of
biometric
information and regulates the legal relations between individuals, legal persons, law enforcement and
local govern
ment bodies to ensure free
-
movement in the country and the right to establish residency
anywhere in the Republic of Moldova. These rules have been set in compliance with the
Council of the
European Union
Regulation (CE) no. 2252/2004 of the standards of se
curity and biometric elements
included into passports and travel documents.


A Government Decision

no. 337 on

amen
dment of
the Governm
ent Decision no. 333 from 18
March
2002 on the Concept of the Automated Information System „State Register of Population
” and the
Regulation on the “State Register of Population” developed in order to extend departments of the State
Register of Population dealing with information on biometric data has been ad
opted by the Government
on 10

May 2011
,
published
in the Official
Gazette of the Republic of Moldova on 17 June 2011, nr. 99
-
101, art. 464

(See attached Annex 3).


Description:

Data on digital fingerprints and digital photo have been added to the section “data about
physical person” of the concept of the Automated Inform
ation System “State Register of Population”,
approved by the Governm
ent Decision no. 333 from 18
March 2002 in order to meet the requirements of
the Law on identity documents of the National Passpor
t System no. 273
-
XIII from 9
November 1994

(See
attached A
nnex 3).

The amendments are in compliance with the
Council of the European Union
Regulation (CE) No. 2252/2004
on

the standards for security and biometric elements included into
passports and travel documents.


2. Adoption of an Action Plan containing a t
imeframe for the
complete roll
-
out of ICAO
-
compliant biometric passports, including
at Moldovan consulates abroad, and the complete phasing out of non
-
Status of Progress:

Fully implemented
-

Action
Plan adopted, complete roll
-

7

ICAO compliant passports;

out

of ICAO
-
compliant
biometric p
assports since 1
January 2011

and from 1
January 2012
at Moldovan
consulates abroad.


2.1. Action Implementation of the Action Plan on the issuance of biometric passports on the basis of
Government Decision no. 317 from 28 of

Ap
ril 2010


Since 1 January 2011, the Republic of Moldova is issuing exclusively biometric passports.


Since February 2008, the Republic of Moldova issued machine readable biometric passports

in
compliance with the ICAO standards.


The Ministry of Inform
ation Technology and Communication (MITC) is the governmental agency
responsible for the issuance of identity documents in the Republic of Moldova. The MITC issues
passports, ID cards, driving licenses, permanent and temporary residence permits and travel
documents
for refugees.


Description:

T
he Action Plan on the issuance of biometric passports on the basis of Government

Decision no. 317 from 28
April 2010

(amended by
Government Decision no. 337 from 10 May 2011)

and
the Law no. 135 from 1
July 2010 on th
e amendment of the article 2 o
f the Law no. 273
-
XIII from 9

November 1994 on identity documents of the Nationa
l Passport System

was implemented

(See attached
Annex

4
)
. On the 24
February 2011, the Parliament adopted th
e Law amending the article 2 the Law n
o.
135 from 1
July 2010 on the amendment of the article 2 of

the Law no. 273
-
XIII from 9
November 1994
on identity documents of the National Passport System, which extended the period of issuing non
-
biometric passports within the Moldovan consulates and em
bassies abroad
to Moldovan citizens until 31

December 2011.
An
Action Plan on the exclusive issuance of biometric passports to Moldovan citizens

and the Action
P
lan of the Ministry of Information Technologies and Communication on ensuring the
issuance of b
iometric passports starting 01.01.2011

ha
ve

been developed for the implementation of the
project “Biometric passports for Moldova”, funded by the European Commission. Therefore, the
following
actions

have been carried out:

1.

T
he call for Tender had been lau
nched
on

7 February 2011
. The Tender opened its session on 28
March 2011.

The final deadline for implementation of the equipment, procured through the EU
Tender is 25 December 2011.

2.

The installation of the equipment for biometric passports data processing
within the diplomatic
and consular missions of the Republic of Moldova abroad shall be accomplished upon the
finalization of the EU Tender and equipment delivery to the Republic of Moldova embassies and
consulates abroad.
MD authorities are implementing th
e Calendar Plan for receiving, installing
and testing of the equipment for the complete roll
-
out of biometric passports
(see attached Annex
5
)

and the Action Plan for implementation of the biometric passports at MD consulates abroad
(see attached Annex
6
)
.

The
State Enterprise CSIR “Registru” is designated as a Supervisor of
planning, monitoring, coordinating activities, providing assistance and organizational
consultation to beneficiaries of the equipment purchased by the EU.

3.

T
he existent supply of passpor
t booklets is sufficient to cover the ne
eds

for documentation of
citizens with passports during
the next
period of 1


1.5 years. There have been designed and
approved relevant technical requirements for each type of passports. The tender for procurement
o
f passport booklets w
as

launch
ed

in June 2011.

4.

The cost of the biometric passport issued following the normal procedure (1 month) is 7
0
0 lei
(approximately 4
4

Euros).
M
easures for cutting down the cost of the biometric passports,
especially for children
w
ere

undertaken. In this context, the cost of the biometric passports issued
for children less than 7 years old is 430 lei (approximately 26 Euros) and for children between 7


12 years old is 600 lei (approximately 41 Euros).

5.

All necessary equipment has be
en installed and put into operation in all of the offices for
population documentation. According to the statistical data during January


October

2011
226557
requests were submitted for production and issuance of biometric passports

and

-

209407

biometric

passports were produced and issued.


8

6.

31 out of
4
1

border crossing points are equipped with relevant
scanning
devices for biometric
passports


processing and use special software to perform the control of certificates

(special next
generation reading devic
es MRZ + biometric data from electronic chip) and 10 are equipped with
simple reading devices (only MRZ).


7.

The EU Delegation to the Republic of Moldova accepted to support financially the accession to
the ICAO Trust Centre and Moldova’s first year membersh
ip fee. Accession of the Republic of
Moldova to the ICAO PKD
wa
s done with the purpose to receive CSCA certificates and CRL
(Certificate Revocation Lists) to verify the authenticity of biometric passports data of other
countries and providing our certifica
te to other countries for the same verification on their side.
Aiming at the integration into the ICAO infrastructure and at exchanging information wi
th EU in
this regards, on 27
October 2010, the Ministry of Information Technology and Communications
sent
the following documents to the EU Delegation in the Republic of Moldova:

-

Notice of Registration
-

informing about the participation of the Republic of Moldova at
ICAO Public Key Directory (PKD);

-

Memorandum of Understanding (MoU)


refers to the conditions
of participation at
ICAO PKD;

-

Letter on behalf of ICAO
-

informing about the registration service cost;

-

Invoice for ICAO registration fee payment.

8.

A special Plan for media coverage for 2010
-

2011 has been drawn up. Thus,
only in the period 1

January
-

31
December 2010
the following acti
vities have been carried out: 17 radio and 49

TV
programs, 16 articles in magazines and newspapers.
During 2011 the employees of the CSIR
“Registru” have already participated in 11 TV programs, 3 radio programs
.


Additionall
y,

Romanian Consulate and the Common Application Center (under Hungarian lead) have
access to the State Register of Population under specific conditions in order check biometric passports
data while issuing visas.

The procedure is opened to other diplomati
c missions upon request.


Regarding a

clear schedule for the complete phasing out of non
-
ICAO
-
compliant passports


Passports that do not contain biometric data issued until 1 of January 2011 within the Republic of
Moldova and the ones issued until 31 Dece
mber 2011 abroad will be valid until the expiration date.


The
complete phasing out of non
-
ICAO compliant passports was planned as follows:

-

At the end of 2011,
2211886

old documents will be valid;

-

At the end of 2012,
2165206

old documents will be valid;

-

At

the end of 2013,
2127017

old documents will be valid;

-

At the end of 2014,
2083597

old documents will be valid;

-

At the end of 2015,
2054583

old documents will be valid;

-

At the end of 2016,
1677872

old documents will be valid;

-

At the end of 2017,
1198196

ol
d documents will be valid;

-

At the end of 2018,
829484

old documents will be valid;

-

At the end of 2019,
502613

old documents will be valid;

-

At the end of 2020,
no old documents

will be valid.



3. Establishment of training programmes and adoption of ethical

codes on anti
-
corruption targeting the officials of any public authority
that deals with passports, as well as identity cards and other breeder
documents.

Status of Progress:

Fully implemented
-

Ethical
Code on anti
-
corruption
adopted,
trai
ning
programmes

are carried out



3.1. High level knowledge and awareness on ethics and anti
-
corruption of the public officials involved
in the process of population

registration and documentation


CSIR “Registru” ha
s

approved „The Ethical Code for employees responsibl
e for the administration of the
process of documentation of population” on 1 April 2011

(See attached Annex
7
)
.



9

Description:
The code establishes the basiс rules of behavior and ethics, the general principles of conduct
of employees, the rules to provide
qualitative services, measures for prevention of corruption and conflict
of interest cases.


Therefore, the Code of Ethics includes of the following areas of regulation:



Description of basic principles and professional values.



Description of the rules of p
rofessional conduct, including the obligation to carry out the duty in good
faith and high quality, respect of the legislation on access to information, not to admit or engage in any
electoral activities or the ones that would result in conflicts of intere
st, obligations of managers, etc.



Description of behavior and professional obligations towards citizens;



Response to unfair advantages, including the obligation of their refusal, not to receive gifts and other
valuables and services for fulfillment of func
tional obligations and to inform the direct superior about
the attempts to propose unfair advantages.



Monitoring of the respect of the Code of Ethics.


Regarding the sanctions, the disciplinary measures are being regulated by the Labour Code of the
Republi
c of Moldova and are applied to all the employees and public servants working in the local and
central public authorities. Thus, according to the article 86 (1) g)
-
r)
of the Labor Code
, the employees of
the CSIR “Registru” may be subjected to the following

disciplinary measures: “warning”, “reprimand”,
“severe reprimand” and “dismissal”.


Additionally, the Law on amendment of some legislative acts

was
approved

by the Government on 20
August 2011 and by Parliament on 25 November
and namely:

-

Law no.16 of 15

February 2008 on conflict of interest, which proposes a new version of the article
on comprehensive provisions of the obligation not to accept gifts without any derogations;

-

Law no.25 of 22 February 2008 on Code of conduct for public servants, which prohi
bits the
acceptance of gifts, services,
favours
, invitations or any other advantage considering public office
position they hold.



Simultaneously, the draft Law proposes amendments to the Law of the Code of conduct for public
servants in order to include

the obligation of public servants to report violations of the Code, and
provisions on liability for violation of the Code.



Subsequently, the Code of Ethics is reviewed by experts of CSIR “Registru” in order to include the last
legislative changes in th
is area.


CSIR “Registru” has approved “The Program for continuous training of the employees of the CSIR
“Registru”
with competences
in the processes of
documentation
population” on 29 April 2011.

(See
attached Annex
8
)


Description:
The
Training

Centre of

the CSIR “Registru” organized training courses for the employees
of the territorial subdivisions for documentation of population. During the first 10 month of 2011 43
employees participated in the above
-
mentioned courses.


The following training courses h
ave been organized:



Legislation of the Republic of Moldova on breeder documents

(on 31 March 2011);



Requirements for an efficient work with documents and requests submitted by the citizens (on 31
March 2011);



Code of ethics of the employees responsible for

administration of population documentation
processes (on 28 April 2011);



Procedure of employees performance review of the CSIR “Registru”

(on 28 April 2011);



Basic concepts regarding the detection and management of corruption risks (on 24 June 2011)
with

participation of the Center for Combating Economic Crimes and Corruption representatives;



10

Also, during 2011 workshops within the Documentation Department
on “Managerial development and
leadership” and “Efficient conflicts resolution approaches” with part
icipation of psychologist
have been
organized
.


General Director of the CSIR “Registru” approved the Order

“On some prevention measures against
corruption and protectionism” on 31 May 2011 and “
The Risk Management Action Plan regarding the
corruption risks

in the area of population documentation and civil status registration
” on 11 August 2011.


Description:

T
he following measures
of the
Risk Management Action Plan regarding the corruption risks
in the area of population documentation and civil status regis
tration

were implemented:

-

Video monitoring of the examination process of graduates of driving school is carried out on
a permanent basis;

-

Unexpected controls have been carried out during the examination process in the mentioned
territoria
l subdivisions;

-

Verification of the requirements
fulfilment

at different stages of identity documents
production is performed;

-

Periodical collocation of data regarding the execution of restrictions (in the data base from
archive);

-

The Component list of fun
ctions and officials with access to state secret has been revised, etc


All the staff, including management of the
central and territorial

offices of evidence and documentation of
population
took notice

(by signature) of the Order “On some prevention measu
res against corruption and
protectionism”.



2nd phase (benchmarks for effective implementation):


4
. Gradual roll
-
out of biometric passports in compliance with ICAO
standards, including at Moldovan consulates abroad, and phase
-
out
of non
-
ICAO compliant pa
ssports

Status of Progress:

Advanced stage of

implementation


Republic of Moldova is issuing exclusively biometric passports since 1 January 2011.


4
.1. Implementation of biometric
enrolment

infrastructure in consulates and embassies of the Republic
of M
oldova abr
oad


Description:

The installation of the equipment for biometric passports data processing within the
diplomatic and consular missions of the Republic of Moldova abroad shall be accomplished upon the
finalization of the EU Tender

“Equipment for
the introduction of biometric passports” with the
equipment delivery to the Republic of Moldova embassies and consulates abroad.
MD authorities are
implementing the Calendar Plan for receiving, installing and testing of the equipment for the complete
roll
-
out of biometric passports
(see attached Annex
5
)

and the Action Plan for implementation of the
biometric passports at MD consulates abroad
(see attached Annex
6
)
.
The
State Enterprise CSIR
“Registru” is designated as a Supervisor of planning, monitoring
, coordinating activities, providing
assistance and organizational consultation to beneficiaries of the equipment purchased by the EU.

The following actions have been carried out:

-

The Decision on permission to the supplier to import the equipment in the Re
public of Moldova was
approved by the Government.

-

The Agreement on furnishing informational services via IRS „ACCES
-
Web” nr. 323
-
AW between
the CSIR „Registru” of the MITC and the MFAEI of the Republic of Moldova had been concluded
on
27 May 2011 based on
which a range of embassies of the Republic of Moldova abroad were
connected to the information resources of the CSIR „Registru”.

-

The supply company "Ericsson", contracted by the EU, already delivering the equipment. The
procedure for the reception of equi
pment and for the implementation process was agreed between
with beneficiaries (State Enterprise CSIR “Registru”, Bureau of Migration and Asylum of the
Ministry of Interior, National coordination office of Interpol of the Ministry of Interior, State
Enter
prise “Special Telecommunications”, Border Guards Service, Ministry of Foreign Affairs and
European Integration) on 2 September 2011.


11

-

The list of diplomatic missions and consular offices of the Republic of Moldova which were
connected to Internet in order
to install the equipment for taking biometric data was submitted by

MFAEI on 13 September 2011

-

A
ccording to the provisions of the technical regulation "Software life cycle processes
" RT 38370656
-

002:2006

the relevant software product for the diplomatic
missions abroad was procured
and tested
in order to

ensure the establishment of a secure telecommunication channel and distribute the
software and hardware complex

-

The equipment was delivered and installation process was initiated by the beneficiaries, as
well as
the process of collecting biometric data from diplomatic missions has been launched.

-

The Regulation on electronic acquisition of data and its processing using digital signature with
further takeover of this information on paper was drafted.


NOTE:

The Center for State Information Resources “Registru” as a pro active action, separate from the
EU Tender, purchased a graphical station in order to test the pilot project of the CSIR “Registru”


“Biometric passport” within the Embassy of the Republic of

Moldova in Rome. The experimental testing
was carried out during the period of 19
-
26 February 2011. Therefore, testing successfully passed the trial
operation has been suspended due to technical reasons related to moving of the Embassy of the Republic
of
Moldova in Rome (Italy) to another building.



All these measures will create conditions for citizens living abroad to obtain passports containing
biometric data at the consular offices of the Republic of Moldova


4
.2. Increa
sed level of documents security


Description:

The set of technical documents necessary in order to carry out the tender for the
procurement of new passport booklets with integrated chip was prepared and sent to the Ministry of
Finance. The Request for expression of interest for potentia
l bidders was posted by the Ministry of
Finance on its website and published in the weekly journ
al “Economic review” from 29
April 2011 and in
the Public Procurement Bulletin.

An
inter
-
ministerial

working group was created for arranging and
carrying out th
e Tender on procurement of passport books with integrated chip.
Necessary documents of
the organizations, showing interest in participation in the Tender on procurement of passport books with
integrated chip have been prepared. Tender documentation and te
chnical specifications are finalized
within the Inter
-
ministerial working group and were submitted to the Government of the Republic of
Moldova.


5
. High level of integrity and security of the application,
personalization and distribution process for passp
orts, as well as
identity cards and other breeder documents.

Status of Progress:

Advanced stage of

implementation


5
.1. Improvement of the identification process of persons from the Transnistrian region
applying for
Moldovan documents


Description:
By the

Decision of the Ministry o
f Justice no. 01/1771 from 18

March 2011
a
n

Working
Group on issues related to civil status documents

was established
. The Working Group develop
ed
Government Decision no. 337 on amendment of the Government Decision no. 376 from 6

June 1995
regarding the additional measures to create the National Passport System has been adopted by the
Government on 10 May 2011, published in the Official Gazette of the Republic of Moldova on 17 June
2011, nr. 99
-
101, art. 464
and propose
d

a self
-
de
claratory statements
for improv
ing

identification of
persons from the Transnistrian region through family members and relatives, as well as for recognition of
breeder documents and registration in the Transnitrian region.


According to the Government deci
sion

the following procedure of the persons’ identification is provided:


“Children with no parental tutelage or who are under the state tutelage are to be identified, respectively,
by the tutelary authority or by the administration of the respective insti
tution.

Identification of the persons that reached the majority age and have not been documented earlier or whose
identity can not be established upon the documents issued earlier is to be performed upon the declaration

12

on the responsibility of one of the
parents, legal representatives or other relative of the I
-
III degree. If the
identification is done by relatives of the II
-
III degree, it is necessary to present additionally other
confirming documents issued by the local public authority or other state in
stitution that possess
information on the respective person (
military ID, pension card, certificate issued by the institution where
the person works or studies, etc.


if these somehow may lead to a person’s identification
).


If the person can not be ident
ified in the established manner, his/her identity is to be established by the
judicial instance”.


In accordance with Art. 352 par. 1 of the Criminal Code of the Republic of Moldova, false statements in
front of a public office in order to produce a legal
consequence for a third person, is punishable with a
fine or up to one year imprisonment.


5
.2. Improvement of identification accuracy and
enrolment

security


Description:

The General Requirements for Automatic Facial Recognition System
have been

drafted

and
approv
ed

on

1
Ju
ly

2011
.
Technical solutions for implementation of Facial Recognition technology in the
informational systems have been
drafted
jointly by CSIR “Registru” and „L1 Identity Solutions”
company.
„L1 Identity Solutions” company pre
s
eneted a
nd informed the Moldovan Law enforcements
bodies about the modern possibilities to perform person’s identification (including Facial Recognition).
Technical specifications of the system for persons’ biometric identification (facial) has been developed
and
approved within the CSIR “Registru”, Ministry of Information Technology and Communication.


The main stages of the introduction of Facial Recognition system are:



Carry out a database cleansing (“scrub”) based on the photos currently in the system

in order
to
achieve a
reliable dataset to be used as a baseline;



Add automated quality check in the registration process to ensure that the portrait capture meets
relevant international standards and also are suitable for facial recognition systems;



Implement a fa
cial recognition system to identify duplicate enrolments and to verify identity of
citizens already enrolled;



Introduce a new operational workflow that ensures that a biometric check is performed prior to
issuance of a new document.


5
.3. Improvement of t
he security of production and persona
lization of biometric passports


Description:

The improvement of the production and personalization process of electronic passports is
being carried out simultaneously with the above mentioned tender, which is a part of

the project
“Biometric passport for Moldova” funded by the European Commission.

The final deadline to implement
the equipment purchased through the EU Tender is 25 December 2011.


5
.4. Development of passports’ production and personalization for certain

categories of disabled
persons


The issuance of the temporary passports for certain categories of disabled persons was launched after the
draft Government Decision on amending the Government Decision no. 376 from 6 June 1995 regarding
the additional measur
es to create the National Passport System and the draft Law on the amendment of
the Law no. 273
-
XIII from 9 November 1994 on identity documents of the National Passport System
were approved.


Software adjustments have been operated to the following service
s:


-

Production and issuance of the passports with biometric data

to the citizens of the Republic of
Moldova, persons whose digital fingerprints cannot be collected temporarily due to their physical
condition
(PA)
.

-

Production and issuance of the passports w
ith biometric data

to the citizens of the Republic of
Moldova, persons whose digital fingerprints cannot be collected permanently due to their
physical condition
(PA)
.


13

-

Production and issuance of the travel document with biometric data to stateless persons,

whose
digital fingerprints cannot be collected temporarily due to their physical condition
(PC)
.

-

Production and issuance of the travel document with biometric data to stateless persons, whose
digital fingerprints cannot be collected permanently due to the
ir physical condition
(PC)
.


On 26 August 2011 the qualification testing of the adjustments operated in the software was carried out
and on 13 September 2011 according to the Instruction D
-
100 the operational testing was launched.


5
.5. High level of secur
ity of civil status breeder documents


Description:

At the moment, the Ministry of Information Technology and Communication and the
Ministry of Justice (the Civil Status Service) are working on the draft law on establishing the single
economic operator res
ponsible for duplicating forms of acts and of civil status certificates, under the
public procurement procedure “from a single source”.


As regards the digitalization of civil status breeder documents, the Civil Status Service has developed a
draft plan o
f the financial needs for this action and submitted it to the State Chancellery and the Ministry
of Foreign Affairs and European Integration for the identification of potential external resources and
partners.


6
. Prompt and systematic reporting to Interp
ol/LASP data base on
lost and stolen passports

Status of Progress:

Implemented



6
.1. Consolidation of the mechanism of electronic communication between the Ministry of Information
Technology and Communi
cation and Ministry of Interior


Regular reporting o
f secure data regarding lost and stolen passports to the National Central Office of
INTERPOL is carried out through a real
-
time electronic system.
Technique Channel of interaction
between MTIC
-
BNC Interpol
-
Secretariat OIPC Interpol was
developed,
was teste
d in May 2011 and was
enabled

in
October

2011
.
In the meantime, the Ministry of Interior drew up a set of proposals for the
amendment o
f the Law no. 216
-
XV from 29
May 2009 on Integrated Information System aiming to
facilitate its implementation in the nea
rest future.


The information from the State Register of Population regarding all lost and stolen passports is sent to the
Ministry of Interior on a daily basis on the
Agreement
between the Ministry of Interior and the Ministry
of Information Technology an
d Communication, signed on

5 J
uly
2011
.


6
.2. Online information exchange between the Ministry of Information Technology and
Communication and Ministry of Interior, for the purpose of interchange with Interp
ol on lost and
stolen passports


A bilateral agree
ment between the General Secretariat of ICPO INTERPOL, from Lyon, France with t
he
National Central Office of INTERPOL together with CSIR “Registru”

was

negotiat
ed

and signed
in order

to install the PUSH&PULL technology necessary for connecting to the Inte
rpol system I
-
24/7INSYST of
electronic real
-
time reporting of lost and stolen passports.
The Channel and PUSH&PULL technology
was tested in May 2011 and is functioning in normal regime

since October

2011.



7
. Regular exchange of passport specimens and co
operation on
document security with the EU.

Status of Progress:

Implemented


7
.1. Updating EU member states on new passport specimens, as per their changes.


The EU
M
ember
S
tates missions will be kept updated on new passport specimens (as per their change
) by
sending information through an established channel of communication: Ministry of Information
Technology and Communication


Ministry of foreign Affairs and European Integration


EU member
states missions on yearly basis, by the month of September.


14


Moreover,
since 2009
the Republic of Moldova
joined the PRADO
-

Public Register of Authentic Identity
and Travel Documents online of the Council of the European Union (See
http://www.consilium.europa.eu/prado/EN/categories/MDA/showAllDocuments.html
).

T
he
last update

in
the PRADO system
was done on 1

July 2011, introducing the new specimens with the Moldovan
biometric passports security features
.





















































15

Block 2: Irregular migration, including readmission

Border management


1st phase (legislative and policy framework):


1. Consolidation of the legal framework for border management
including adoption of a new Law on the Stat
e Border, allowing the
Moldovan Border Guard Service to participate in detection and
investigation of cross border crime in cooperation with all competent
law enforcement authorities and extending its area of responsibility
to the whole territory, as well
as a legal framework for efficient inter
-
agency cooperation between the Border Guard Service, law
enforcement agencies and other agencies involved in border
management.

Status of Progress:

Advanced stage of
implementation


The Law on
state border

was adopt
ed
,
Law on Border
Police was
approved by the Government
and is pending approval of
the Parliament


1.1.

Consolidation of the legal framework in the area of border management


Integrated state border management activities are undertaken by the Border Guard Serv
ice and Customs
Service within the Ministry of Finance (which assures customs regulations regarding goods,
transportation means and persons crossing the state border).


The legal framework of the Border Guard Service activity includes the Constitution, in
ternational and
bilateral treaties (agreements) and following key legislative and normative acts:

-

Law no
-
162/ 13July 2007 on Border Guard Service (law on Border Police is examined by the
Parliament and will substitute the Law no.162)

-

Law no
.215/ 4 November 2011 on state border of the Republic of Moldova;

-

Law no. 269/9 November 1994 on entrance and exit from the Republic of Moldova;

-

Law no.200/16 July 2010 on regime of foreigners;

-

Law no.270
-
XVI/18 December 2008 on asylum
;

-

Law no. 273
-
XIII/9 November 1994 on identity documents from national passport system;

-

Law no. 275
-
XIII/10 November 1994 regarding the legal status of foreign citizens and stateless
persons in the Republic of Moldova

-

Decision of the G
overnment no. 376/ 6 June 1995 on additional measures for the
accomplishment of national passport system.

-

Decision of the Government no. 1212/ 27December 2010 on approval of the National Strategy
on Integrated State Border Management for the perio
d of years 2011
-

2013

-

Decision of the Government no.352/16 May 2011 on approval Action Plan on implementation
of the national Strategy on Integrated State Border Management for 2011
-
2013




The draft Law on state border of the Republic of Moldova
was approved by the Government on
22 June 2011 and
was approved by the

Parliament

on 4

November 2011
.
(See attached Annex 1).

The new Law on state border amends and will replace the Law on state border of the Republic of
Moldova no. 108 from 17 May 1994.


Description:

The new draft Law is in line with the EU norms and regulations in the field, and namely
Regulation (EC) no. 562/2006 of European Parliament and of Council from 15 March 2006 on the
establishment of a Community code on the rules which are on th
e basis of free movement of persons
across the border (Schengen Border Code) and Council Directive 2004/82/C from 29 April 2004.


The features distinct from the previous law are the following:



the competence of the Border Guards will be extended throughou
t the country;



specific conditions are expressly set for authorization of border crossing, necessary documents
for authorization are listed, the procedure of the refusal of border crossing, as well as of
minimal, thoroughly and second line control are esta
blished;



the regime of border crossing points includes expressly the rights and obligations of the
travelers;


16



regulations related to stamping documents, conditions for a lesser (“relaxed”) border control are
introduced, the establishment of border crossing

corridor is regulated in order to prevent illegal
migration and to facilitate the movement of persons across the border, various obligations of
the carriers are set.




In order to amend the Law on the Border Guard Service no.162 from 13 July 2007 t
he Bord
er
Guards Service and Ministry of Interior developed the draft Law on Migration and Border
Service as an implementation provision of the National Strategy on Integrated State Border
Management for 2011
-
2013
was approved by the Government on
6 July
2011
. Af
ter additional
analysis within the parliamentary commissions, a number of amendments were made to the text,
as well as to the name of the draft Law, the title of which is now the Law on Border Police. It is
expected to be adopted by the end of 2011, and wi
ll enter into force on 1
st

July 2012
.
(see
attached Annex 2).



Description
: The draft Law amends the national legislation in view of demilitarization and
professionalization

of
the
Border Guard Service
.

The Border Police
will be public administration
auth
ority within the Ministry of Interior and
will be in charge of promoting policies in the field of

integrated state border management.

The competences of the Border Police will be extended

throughout
the country. The staff carrying out border control will b
e professionally qualified and trained.


Following the adoption of the law and integration into the Ministry
of
Interior
, Border Police will be
empowered
with competences in investigation of border crimes, trafficking in human beings, forgery of
travel do
cuments, examination and application of penalties for offences related to state border regime, as
well
competences for

conduct

of

legal expertise of travel documents.


Structurally

Border Police will be divided into

3 levels: I
-

Strategic

(Border Police

D
epartment); II

-

operational

(regional

border police directorates); III

-

Tactical

(crossing points,

border

units,

other

units).
The Ist and IInd levels units will have decision, financial and human resource autonomy. All staff
involved in border control w
ill be employed on contract basis.




Moreover, taking into consideration the implementation of the National Strategy for Integrated
Border Management for 2011


2013, the Border Guards Service developed the draft Law on the
amendment of some legislative act
s to grant to the Border Guard Service the competencies for
prosecution, examination of administrative offences, expertise of travel documents, liability of
carriers for transportation of foreigners without necessary legal documents, detection and
investig
ation of cross
-
border crime, human smuggling and trafficking
. The draft Law was
approved by the Government on the
6

J
uly
2011 and
was approved in the first reading in the
Parliament on 22 July

2011.

(See attached Annex 3).


Description:
Therefore, the foll
owing legislative acts should be amended: the Code of Criminal
Procedure of the Republic of Moldova no. 122
-
XV from 14 March 2003, the Law on prosecution officer
status no. 333
-
XVI from 10 November 2006, the Law on legal, technical and scientific, and fore
nsic
investigation no. 1086 from 16 November 2000, the Law on the Border Guard Service no.162
-
XVI from
13 July 2007, the Code of Contravention no. 218
-
XVI from 24 October 2008, the Law on operative
investigations no. 45
-
XIII from 12 April 1994. The draft L
aw proposes to grant competencies of
prosecution authority to the Border Guard Service on crimes foreseen by the Criminal Code, and namely
Article 361 on the falsification of travel documents, Article 362 on illegal state border crossing, Article
362¹ on i
llegal migration’s organization. The adoption of draft law is in line with the process of
implementation of the EU standards on border surveillance and control.


In order to ensure the implementation of the future Law on Border Police, Border Guards Servi
ce has
drafted the Law on amendment of several legislative acts (50 legislative acts) and the Government
Decision on implementation of the Law on Border Police (20 regulations, 50 Government Decisions
amended, complemented or abrogated), as well as a serie
s of normative internal institutional acts.


According to the recommendations given by specialized European structures and in particular the
European Union Border Assistance Mission to Moldova and Ukraine (hereinafter EUBAM), included

17

repeatedly

in reports and policy analysis, it is indicated that in the process of collecting the necessary
information for an effective activity, the Border Guard Service shall own all the necessary mechanisms
as to combat crimes committed in the border area, start
ing with the implementation of prevention
methods up to the investigation of crimes.


In this regard, the Border Police officers will be granted the status of criminal investigation officer
alongside the officers of Ministry of Interior, Customs Service an
d Center for Combating Economic
Crimes and Corruption and in line with the legislation in force.


Therefore, the Border Police officers will have the right to participate individually or in cooperation with
other competent law enforcement authorities in de
tection and criminal investigation activity in the
following areas:

-

on the crimes foreseen by the Article 248 of the Criminal Code on smuggling;

-

on the crimes foreseen by the Article 361 of the Criminal Code on falsification of travel
documents;

-

on the cri
mes foreseen by the Article 362 of the Criminal Code on illegal state border
crossing;

-

on the crimes foreseen by the Article 362¹ of the Criminal Code on the organization of illegal
migration;

-

on the crimes foreseen by the Articles 331
-
333 of the Contraven
tion Code on the breaking of
the border regime and regime of permanent staying on the territory of the Republic of
Moldova.


The inter
-
agency cooperation in investigation of cross
-
border crimes will be carried out by the means of
exchange of information be
tween different competent law enforcement authorities, joint coordination of
the investigation activities, creation of joint investigation groups, risk analysis and information processing,
joint use of data basis, activity of existing contact centers (repr
esentatives of Border Police, of Ministry of
Interior and Customs Service).


In order to
strengthen the cooperation with EU
M
ember
S
tates on exchange of information on authentic
travel and IDs, the border Guards Service adopted on 26 April 2011 an Ordinanc
e on connection to
Online Public Register of Authentic Travel and Identity Documents „PRADO”

(See attached Annex
4
)
.


1.2. Consolidation of the legal framework for efficient inter
-
agency cooperation between Border
Guards Service, law enforcement agencies a
nd other agencies involved in border management


The National Council for Integrated State Border Management
(see attached Annex
5
)

developed the
National Strategy on integrated border management for 2011


2013
(See attached Annex
6
)
, approved by
the Gove
rnment on 27 December 2010.


In compliance with the annotated National Action Plan a model agreement on inter
-
institutional
cooperation on migration, border management, visa and foreigners related issues
was

developed and
signed with

6

the key relevant au
thorities in the second half of 2011.


2. Adoption of an Action Plan for the effective implementation of the
National Integrated Border Management Strategy, containing a
timeframe and specific objectives for the further development of
legislation, organis
ation, infrastructure, equipment, as well as
sufficient financial and human resources in the area of border
management.

Status of Progress:

Implemented
-

Action Plan
for the effective
implementation of the
National Integrated Border
Management Strategy was

approved by the Government


2.1. Development and adoption of the Action Plan for the effective implementation of the National
Strategy for Integrated Border Management


The Action Plan on implementation of the Strategy on Integrated State Border Manageme
nt for 2011
-
2013 was approved by the Government on
16

May 2011
(See attached Annex
7
).


18


Description:

The Action Plan is a comprehensive document which outlines the priorities for the
development of integrated state border management in the Republic of Mold
ova, and establishes the
specific objectives and actions which are going to be undertaken in order to meet this priorities. On basis
of actions of this Plan, the Border Guards Service and other authorities involved directly or not in border
management draw
n

up Annual institutional Action Plans.


The Action Plan was drafted according to the best international practices, as well as the recommendations
of the Organization for Security and Cooperation in Europe (OSCE), European Union Border Assistance
Mission t
o the Republic of Moldova and Ukraine (EUBAM), Centre for Democratic Control of Armed
Forces (DCAF), European Agency for Operational Cooperation Management at the External Borders of
the European Union member states

(FRONTEX) and others international organ
izations.


The Action Plan is in line with the Schengen Catalogue’s provisions which contain recommendations and
highlight the best practices on implementation of regulations and others European documents in the field
of border security. Taking into accou
nt that the Schengen Catalogue’s provisions serve as a reference tool
for future assessments carried out in the candidate countries for joining European Union and Schengen
area, it became strictly necessary for the Republic of Moldova to implement these re
commendations.


3. Establishment of training programmes, and adoption of ethical
codes on anti
-
corruption specifically targeting border guards,
customs and any other officials involved in border management

Status of Progress:

Continuous implementation


3.
1. Development of institutional capacities for professional training of border guards, customs
officials, policemen, and other officials involved in border management


According to the internal Decision of the General Director of the Border Guard Service n
o. 233 from 13
June 2008 and the Decision of Ministry of Justice of the Republic of Moldova no. 582 from 17 July 2008,
the Deontological Code of the border guards has been approved
(See attached Annex
8
).


Description:

The Code describes moral norms that h
ave to be respected by the border guards in their
activity, as well as out of duty activity, including their relations with community members.


The Code establishes the rules of conduct in accordance with legislation regulating border guards’ duties.
The
Code is in line with

the principles set out in C (2006) 5186 Commission Recommendation
establishing

a
“Joint

Practical

Handbook

for Border Guards”

(Schengen Handbook
)

and

R

(
2000)
recommendation

of
the

Council of
Ministers

regarding Code

of

Conduct

for Mag
istrate.


The training of warrant officers who will be employed at border posts and border crossing points is done
at the National Border Guard College in Ungheni. Moreover, a training plan and curriculum of the
National Border Guards College adjusted to
EU standards were developed with the assistance of the
European Union Border Assistance Mission to Moldova and Ukraine (EUBAM)’s support
(See attached
Annex
9
).



The content and frequency of relevant training programmes (including statistics on the number
s of staff
trained) are included in the Training Plan of the Border Guards
(See Annex 10
).


Since 2011 the officers of the Border Guard Service are trained at the Ministry of Interior Police
Academy „
Ştefan cel Mare”
” at the specialized Department on border management. The corresponding
Curricula was drafted. For the 1st and 2nd years training course the Common Core Curricula for basic
border guard training, elaborated within Frontex and used by all E
U border authorities is applied.


In the same context,
from 29 April


19 September 2011, at the initiative of the EU Border Assistance
Mission to Moldova and Ukraine (EUBAM) the Customs Service, carr
ied

out a survey on the degree of
satisfaction with t
he quality of services provided by customs and border authorities at 4 crossing points at
Moldovan
-
Ukrainian border.
On basis of its results, a

Report on the quality of services and compliance

19

with the Code of Conduct will be developed, as well as recommen
dations for improving ethics,
professional integrity, discipline and customs officials more responsibility.



2nd phase (benchmarks for effective implementation):


4. Effective implementation of legislation on border control through
adequate border checks
and border surveillance, procedures and
operational effectiveness, situational picture at national and local
level, including implementation of risk analysis, intelligence and
data
-
flow management as well as direct access and consultation of
relevant natio
nal and international databases.

Status of Progress:

Advanced stage of
implementation


4.1.

Implementation of the Law on state border of the Republic of Moldova


Until the new Law on state border of the Republic of Moldova
will enter into force
, the implementa
tion of
legislation on border control is carried out on basis of the Law no. 108
-
XIII from 17 of May 1994 on the
State Border of the Republic of Moldova.


The ICMPD has implemented the project “Strengthening capacities and cooperation in the identificatio
n
of forged/falsified travel documents at the Moldovan
-
Romanian border”.


The Border Guards Service has drafted an Agreement on Joint Patrolling of the common frontier with
Ukrainian State Border Guards Service. On the other side, the Border Guards Service

is carrying out joint
coordinated patrolling on river Prut with the Romanian Border Police.


Overall Strategy on risk analysis is the main internal document of medium term strategic planning. The
given strategy sets out the basic objectives, principles,
directions and prospects of development of RAS
within the Border Guards Service, and to contribute for the achievement of the control, supervision and
protection obligations of the state border of Moldova in line with legislation in force. Risk analysis of
fers
to Border Guards Service the possibility of adopting strategies, using proactive methods, coordinated and
focused on its priorities and efficient allocation of the resources.


The efficient management of RAS requires more extensive information, thus
the Border Guards Services
cooperates with
neighboring

states in this regard.


The exchange of information with Ukraine is done on monthly, quarterly, and annual basis, both at central
and regional levels. Exchange of information with Romania is made mont
hly at central and regional
levels. Also, at the central level the Border Guards Service and the Customs Service share information
within the Working Group on common risks analysis on crimes detected in the process of declaration of
transportation means.


11 Border Crossing Points out of 81 have been connected to Online Public Register of Authentic Travel
and Identity Documents „PRADO”
.


Each month, the Border Guards Service and Customs Service of Republic of Moldova and the State
Border Guards Service and

the Custom Service of Ukraine carry out Working Meetings on the
information concerning the surveillance of Moldovan
-
Ukraine border. All the information gathered is
processed and included in three
-
level reporting system:


Central level



periodic reports (
every quarter), special reports on specific issues (every six month),
situational reports (each quarter), regional reports (if necessary).

Operational level


regular reports (monthly), special reports on specific issues (quarterly and every six
month), si
tuational reports (each quarter), regional reports (when necessary).

Tactical level



regular reports (monthly), situational reports (at the order of General Director).



20

Furthermore, the Border Guards Service has continued the process of replacement of con
scripts with
contract
-
based personnel. Thus, 20 % of border guards are conscripts and 80 % are contract
-
based
personnel. The conscripts are used only in the border surveillance process and they are not taking part in
the decision
-
making process. Until the
end of 2011, the Border Guards Service intends to replace all the
conscripts with contract
-
based personnel.


See attached Annex 11

regarding the Report on state of security at the state border for
the period of
January


November
2011.


5. Provision of ade
quate infrastructure, technical equipment, IT
systems, financial and human resources in accordance with the IBM
Strategy and Action Plan to be adopted, and effective
implementation of training programmes and anticorruption
measures

Status of Progress:

Impl
ementation in progress


5.1.
Implementation

of the
Action

Plan

for

implementing the National Strategy

of the

Integrated
Border Management


In view of developing border infrastructure, the Government approved, on 28 June 2011, a new
Infrastructure Developm
ent Plan of state borders for 2011
-
2014


The Border Guards Service benefits of the project „Development of a mobile and fixed communication
system for Border Guard Service”, financed by European Commission and implemented by Ericsson and
Motorola companie
s, having as a goal to develop a mobile and fixed communication system on the whole
border sector of the Republic of Moldova.


The project was divided into three stages. The first one, „Giurgiulesti
-
Ungheni and Ungheni
-
Horesti
extension” was set off in 20
06, but the works started in 2010. The project provided the construction of a
radio communication system alongside the border of the given sector, based on the principle of radio
relay (HQ of Border Guard Service was connected to this system).


Thus, 27 t
owers were installed, some of them with fixed stations for TETRA communication. At the same
time, the IP telephone system and the video surveillance system for border guard subunits are in the
process of construction.


As a result, TETRA terminals with fi
xed stations, video surveillance cameras, IP phones, computers,
special equipment for passports reading, off
-
road vehicle have been delivered and installed in Border
Guards Service subunits.


The first stage of the project
was

fully implemented by August 2
011. As regards the second stage,
„Horesti
-
Otaci”, the process will be launched after the tender on its implementation will be carried out.


In order to ensure transparency and ensure the implementation of anti
-
corruption legislation, all draft laws
and r
egulations are published on the website:
www.border.gov.md

, allowing interested public to access
these texts and come forward with observations and proposal.


6. Improvement of inter
-
agency cooperation (including exc
hange of
data between the Border Guard Service and law enforcement
agencies) international cooperation, including cooperation with
neighbouring countries and implementation of working arrangement
with FRONTEX to a high level of effectiveness

Status of Prog
ress:

Continuous implementation


6.1.
Development of inter
-
agency cooperation


On basis of inter
-
agency cooperation agreements, the Border Guards Service carries out mutual exchange
of information with the following national authorities:


21




Ministry of Just
ice, based on the Agreement on information exchange and collaboration between
the Border Guard Service and the Executive Department of the Ministry of Justice from 17 of
October 2007.



CSIR “Registru”, based on the
Contract between the Border Guards Servic
e and CSIR “Registru”
on providing information services under no. 160
-
A from 24 of November 2008.




Ministry of Interior, based on the Agreement on cooperation in information exchange between the
Ministry of Interior and Border Guards Service from 17 of Dec
ember 2008.



Center for Combating Economic Crimes and Corruption, based on the
Agreement between the
Border Guards Service and the Center for Combating Economic Crimes and Corruption on
information exchange ” from 26 of December 2008.




Intelligence and Secu
rity Service, based on the Agreement on the exchange on information
between the Intelligence and Security Service and Border Guards Service from 6 of March 2010.



General Prosecutor’s Office, based on a bilateral agreement of on cooperation between the Bor
der
Guard Service and the General Prosecutor’s Office from 6 of May 2010.



Customs Service, based on the
Agreement between the Border Guard Service and the Customs
Service on information exchange from 14 of June 2010.


Besides, the Border Guards Service and

the Ministry of Interior signed on 30 of July 2010 a common
regulation on the establishment of inter
-
institutional working groups in view to fulfil EUBAM and DCAF
recommendations. As a result, 3 joint working groups were created on:


-

cooperation in area o
f migration, readmission and fighting trafficking in human beings;

-

cooperation in analysis of the national and international legislation and development of legislative
and normative acts in the area of border management;

-

cooperation on IT.


Border Guards

Service with other central administrative authorities keeps the data basis concerning the
record on foreign citizens and stateless persons on the territory of the Republic of Moldova.


There are 4
2

out of
67

state Border Crossing Points of the Republic of

Moldova, which are equipped with
modern computers, devices for document expertise, MRZ and e
-
chip readers and special software and as
follows:

-

2
5

are connected to on
-
line regime from Border Guards Service HQ servers through ADSL
connection provided by the

“Moldtelecom” (national communication operator).

-

17

are connected via Dial
-
up through fixed telephone nets provided by the ”Moldtelecom” and
the data transfer takes place once in 24 hours.


It is important to mention that the border crossing points are
equipped with on
-
line net (25) and are
connected to the Data Base of the CSIR ”Registru” that allows to check the validity of passports of the
Moldovan nationals and to the Data Base of INTERPOL to check persons from abroad and transportation
means.


In th
e beginning of 2011, the Border Guard Service and National Bureau of INTERPOL launched a
project aiming to allow on
-
line verification of the information in INTERPOL Database, while the persons
and vehicles cross the border. The project was implemented at B
order Crossing Points with on
-
line
connection to Border Guards Service HQ by the OSCE Office from Vienna with the financial assistance
of Norway Government. As a result, an Additional Protocol to the Agreement between the Ministry of
Interior and the Borde
r Guards Service on cooperation in the field of information exchange from 17 of
December 2008 concerning the use of data basis of International Organization of Criminal Police through
the National Central Bureau in the Republic of Moldova.


The majority st
ate border crossing points have already enabled the cooperation on information flows
between the local data bases of the Border Guards Service and Customs Service in order to exclude the
duplication of required information and to decrease the crossing time

of the state border for persons and
vehicles.


Border Guards Service uses electronic data bases ”Web Client SG” and ”Access WEB”.


22


Moreover, the Document Examination Section of the Border Guard Service carries out information