Control of exported goodsControl of strategic goods

Control of strategic goods

1588

Strategic goods are those goods that, for security reasons or based on international agreements, are considered of such importance that the export, import, transit thereof is either completely forbidden or is subject to specific conditions or restrictions. Such goods are generally provided for military use or for the production of weapons of mass destruction.

“Strategic goods” shall mean the followings:

  • products, technologies and services that have dual use (civil and military);

Note: Products of dual use (destination) include the totality of technical-scientific knowledge, processes, materials and equipment used in the development, production and exploitation of civilian production that may be used also in the manufacture of military, nuclear, chemical, biological, as well as other types of weapons of mass destruction and means delivering such weapons and conventional arms.

  • armaments, ammunition, military equipment, related technologies and services;
  • products, technologies and services that may be used in the manufacture and use of nuclear, chemical, biological weapons and missiles capable of delivering such weapons;
  • other products, technologies and services that require special control in the interests of national security or foreign policy, in accordance with the international agreements and arrangements to which the Republic of Moldova is a party.

 

The following categories of strategic goods are subject of export, re-export, import and transit control:

  • conventional weapons, as well as articles, raw materials, materials, special equipment, technologies and services related to the production and use thereof;
  • nuclear materials, technologies, equipment and installations, materials, products, special non-nuclear equipment and technologies, as well as related services that may have dual destination, radiation sources;
  • dual-use technologies and equipment and related services, as well as chemicals that may be used in the production and use of chemical weapons;
  • equipment, materials and technologies used in the design, production and use of weapons, as well as related services;
  • weapons, ammunition, military equipment and special assembly articles, as well as the technologies and services for the production and use thereof;
  • agents of different diseases, variants of their genetically modified agents, fragments of genetic materials, as well as related equipment, technologies and services that may be used in the production and use of bacteriological (biological) and toxic weapons;
  • explosive materials and substances, as well as related equipment, technologies and services;
  • technical-scientific information, services and results of military production related intellectual activity;
  • other articles, technologies and services that require special control, in accordance with Government decisions.

Nomenclature of strategic goods subject to control.

 

I. Procedure of authorization of transactions with strategic goods   

The export, re-export, import and transit of strategic goods shall be subject to authorization.

The authorizations shall be issued by the interdepartmental Committee under the Public Services Agency.

To obtain the authorization, the applicant shall lodge, via the one-stop shop, an application to the Public Services Agency, to which the followings shall be attached:

  • the documents certifying the origin of the goods;
  • the documents on the qualitative and technical characteristics of goods and the code of goods according to the Nomenclature of strategic goods subject to control;
  • the copy of the contract concluded with the foreign company that imports or exports the strategic goods (for export or re-export) or of the commercial document (invoice, pro forma invoice, shipping note, etc.);
  • the copy, legalized by the economic agent, of the authorization certifying the permission granted to the foreign company to carry out export-import transactions with strategic goods, issued by the authorized body of the country in which the respective company is registered;
  • other documents at the request of the Committee;

To obtain the authorization for the import of goods used for military and paramilitary purposes, included in the Nomenclature, the applicant shall additionally attach the followings:

  • copies of state activity licenses that grant the applicant the right to be involved in the fields of activity related to arms and ammunition;

To obtain the authorization for the import of nuclear and radioactive substances, as well as of the systems, equipment and accessories thereof, the applicant shall additionally submit the followings:

  • copies of the state licenses for radiological facilities, licenses granting the exporter and the importer the right to transport nuclear substances, radioactive substances and systems, and their equipment and accessories, which may generate ionizing radiation fields.

 

II. Customs control of strategic goods

The customs control of these goods shall be carried out on the basis of the customs declaration, and shall cover the signs of dual-use goods, the technical parameters, description, technical documents, authorization.

Upon the import or export of strategic goods that are the subject of import authorization, the customs authorities shall be submitted the authorization in the original with one copy.

The original, with the notes of the customs body, shall be returned to the declarant.

In the case of goods prohibited for import, they shall be returned and removed from the customs territory of the Republic of Moldova.  

 

GUIDE regarding the export, re-export, import and transit of strategic goods.

 

Legislation:

Customs Code of the Republic of Moldova no. 1149/20/07/2000

Law no. 160/22/07/2011 on regulation of the entrepreneurial activity through authorization

Law no. 1163/26/07/2000 on Export, Re-export, Import and Transit Control of Strategic Goods

Government decision no. 606/15/05/2002 on the National System of Export, Re-export, Import and Transit Control of Strategic Goods in the Republic of Moldova

  


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