Title
STRATEGIC PARTNERSHIP, TRADE AND COOPERATION AGREEMENT BETWEEN THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE REPUBLIC OF MOLDOVA
Preamble
PREAMBLE
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, hereinafter referred to as "the United Kingdom" or "the UK", of the one part, and THE REPUBLIC OF MOLDOVA of the other part, hereafter jointly referred to as "the Parties",
CONSIDERING the common values and strong links of the Parties, and recognising the common desire of the Parties to further develop, strengthen and extend their relations;
ACKNOWLEDGING the European aspirations and the European choice of the Republic of Moldova;
RECOGNISING the common values of democracy, respect for human rights and fundamental freedoms, and the rule of law;
TAKING into account that this Agreement will not prejudice, and leaves open, the way for future progressive developments in UK-Republic of Moldova relations;
ACKNOWLEDGING that the Republic of Moldova as a European country shares common values with the UK and is committed to implementing and promoting those values;
COMMITTED to strengthening respect for fundamental freedoms, human rights, including the rights of persons belonging to minorities, democratic principles, the tule of law, and good governance;
RECALLING in particular the will of the Parties to promote human rights, democracy and the rule of law, including by cooperating to that end within the framework of the Council of Europe;
WILLING to contribute to the political and socioeconomic development of the Republic of Moldova, through wide-ranging cooperation in a broad spectrum of areas of common interest, including in the field of good governance, freedom, security and justice, trade and enhanced economic cooperation, employment and social policy, financial management, public administration and civil service reform, civil society participation, institution building, reduction of poverty, and sustainable development;
COMMITTED to all the principles and provisions of the Charter of the United Nations, the Organisation for Security and Cooperation in Europe (OSCE), in particular of the Helsinki Final Act of 1975 of the Conference on Security and Co-operation in Europe and the concluding documents of the Madrid and Vienna Conferences of 1991 and 1992 respectively, and the Charter of Paris for a New Europe of 1990, as well as the United Nations Universal Declaration of Human Rights of 1948 and the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950;
RECALLING the will of the Parties to promote international peace and security as well as engaging in effective multilateralism and the peaceful settlement of disputes, in particular by cooperating to that end within the framework of the United Nations (UN) and the OSCE;
RECOGNISING the importance of the active participation of the Republic of Moldova in regional cooperation formats;
DESIROUS to further develop regular political dialogue on bilateral and international issues of mutual interest;
TAKING ACCOUNT of the UK's willingness to support the international effort to strengthen the sovereignty and territorial integrity of the Republic of Moldova and to contribute to the reintegration of the country;
RECOGNISING the importance of the commitment of the Republic of Moldova to a viable settlement of the Transnistrian conflict, and the UK's commitment to support post-conflict rehabilitation;
COMMITTED to preventing and combating all forms of organised crime, trafficking in human beings and corruption, and to stepping up cooperation in the fight against terrorism;
COMMITTED to deepening the Parties' dialogue and cooperation on mobility, migration, asylum and border management aiming at cooperation on legal migration, including circular migration and tackling illegal migration, and on the readmission of persons residing without authorisation;
RECOGNISING that the Association Agreement between the European Union and the European Atomic Energy Community and their Member Sates, of the one part, and the Republic of Moldova, of the other part, done at Brussels on 27 June 2014 (the EU-Moldova Agreement) will cease to apply to the United Kingdom at the end of any transitional arrangement during which the rights and obligations under these Agreements continue to apply to the United Kingdom;
COMMITTED to the principles of free market economy and confirming the readiness of the UK to support the economic reforms in the Republic of Moldova;
COMMITTED to respecting environmental needs, including transboundary cooperation on, and implementation of, multilateral international agreements, and to respecting the principles of sustainable development;
DESIROUS to achieve greater economic cooperation, inter alia, through a Comprehensive Free Trade Area (CFTA), as an integral part of this Agreement, which will provide for far-reaching market access liberalisation, in compliance with the rights and obligations arising out of the World Trade Organisation (WTO) membership of the Parties and the transparent application of those rights and obligations;
BELIEVING that this Agreement will create a new climate for economic relations between the Parties and above all for the development of trade and investment, and will stimulate competition, which are factors crucial to economic restructuring and modernisation;
COMMITTED to enhancing the security of energy supply, facilitating the development of appropriate infrastructure, and promoting energy efficiency and the use of renewable energy sources;
ACKNOWLEDGING the need for enhanced energy cooperation;
WILLING to improve the level of public health safety and protection of human health as a precondition for sustainable development and economic growth;
COMMITTED to enhancing people-to-people contacts, including through cooperation and exchanges in the fields of research and development, education and culture;
RECOGNISING the commitment of both Parties to develop administrative and institutional infrastructure to the extent necessary to enforce this Agreement,
HAVE AGREED AS FOLLOWS:
Body
Article 1. Objectives
1. A strategic partnership is hereby established between the UK of the one part, and the Republic of Moldova, of the other part.
2. The aims of that partnership are:
(a) to promote political partnership and economic cooperation between the Parties based on common values and close links;
(b) to strengthen the framework for enhanced political dialogue in all areas of mutual interest, providing for the development of close political relations between the Parties;
(c) to contribute to the strengthening of democracy and to political, economic and institutional stability on the basis of our shared values;
(d) to promote, preserve and strengthen peace and stability in the regional and international dimensions, including through joining efforts to eliminate sources of tension, enhancing border security, promoting cross-border co- operation and good neighbourly relations;
(e) to support and enhance cooperation in the area of freedom, security and justice with the aim of reinforcing the rule of law and respect for human rights and fundamental freedoms as well as in the area of mobility and people-to-people contacts;
(f) to support the efforts of the Republic of Moldova to develop its economic potential via international cooperation;
(g) to establish conditions for enhanced economic and trade relations, including by setting up a Comprehensive Free Trade Area, which will provide for far-reaching market access liberalisation, in compliance with the rights and obligations arising out of WTO membership and the transparent application of those rights and obligations; and
(h) to establish conditions for increasingly close cooperation in other areas of mutual interest.
Title I. GENERAL PRINCIPLES
Article 2.
1. Respect for the democratic principles, human rights and fundamental freedoms, as proclaimed in the Universal Declaration of Human Rights and as defined in the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Helsinki Final Act of 1975 of the Conference on Security and Cooperation in Europe, and the Charter of Paris for a New Europe of 1990, shall form the basis of the domestic and external policies of the Parties and constitute an essential element of this Agreement. Countering the proliferation of weapons of mass destruction, related materials and their means of delivery also constitutes an essential element of this Agreement.
2. The Parties reiterate their commitment to the principles of a free market economy, sustainable development and effective multilateralism.
3. The Parties reaffirm their respect for the principles of the rule of law and good governance, as well as their international obligations, notably under the UN, the Council of Europe and the OSCE.
4. The Parties commit themselves to fostering cooperation and good neighbourly relations, including cooperation on the development of projects of common interest, notably those related to preventing and combating corruption, criminal activities, organised or otherwise, including those of a transnational character, and terrorism. That commitment constitutes a key factor in the development of the relations and cooperation between the Parties and contributes to regional peace and stability.
Title II. POLITICAL DIALOGUE AND REFORM, COOPERATION IN THE FIELD OF FOREIGN AND SECURITY POLICY
Article 3. Aims of Political Dialogue
1. Political dialogue on all areas of mutual interest, including foreign and security matters as well as domestic reform, shall be further developed and strengthened between the Parties. That will increase the effectiveness of political co- operation and promote cooperation on foreign and security matters.
2. The aims of political dialogue shall be:
(a) to deepen political partnership and increase political and security policy cooperation and effectiveness;
(b) to promote international stability and security based on effective multilateralism;
(c) to strengthen cooperation and dialogue between the Parties on international security and crisis management, particularly in order to address global and regional challenges and key threats;
(d) to foster result-oriented and practical cooperation between the Parties for achieving peace, security and stability on the European continent;
(e) to strengthen respect for democratic principles, the rule of law and good governance, human rights and fundamental freedoms, including the rights of persons belonging to minorities, and to contribute to consolidating domestic political reforms;
(f) to develop dialogue and to deepen cooperation of the Parties in the field of security and defence; and
(g) to respect and promote the principles of sovereignty and territorial integrity, inviolability of borders and independence.
Article 4. Domestic Reform
The Parties shall cooperate on the following areas:
(a) developing, consolidating and increasing the stability and effectiveness of democratic institutions and the rule of law;
(b) ensuring respect for human rights and fundamental freedoms;
(c) making further progress on judicial and legal reform, so as to secure the independence of the judiciary, strengthen its administrative capacity and guarantee impartiality and effectiveness of law enforcement bodies;
(d) further pursuing the public administration reform and building an accountable, efficient, transparent and professional civil service; and
(e) ensuring effectiveness in the fight against corruption, particularly in view of enhancing international cooperation on preventing and combating corruption, and ensuring effective implementation of relevant international legal instruments, such as the United Nations Convention Against Corruption of 2003.
Article 5.
1. The Republic of Moldova may benefit from financial assistance to contribute to achieving the objectives of this Agreement, if agreed by both Parties.
2. Financial assistance covers a range of forms and means, including assistance provided through multilateral and regional organisations.
3. In order to make the best use of the resources available, the Parties shall endeavour to implement any assistance in close cooperation and coordination with other donor countries, donor organisations and international financial institutions, and in line with international principles of aid effectiveness.
4. The Parties shall implement any assistance in accordance with the principles of sound financial management and shall cooperate in protecting the financial interests of the UK and of The Republic of Moldova. The Parties shall take effective measures to prevent and fight fraud, corruption and any other illegal activities, inter alia by means of mutual administrative assistance and mutual legal assistance in the fields covered by this Agreement.
5. Where assistance is provided by the UK authorities to the entities of the public sector in the Republic of Moldova, the details of the UK contribution shall be laid out in specific agreements between the Parties. For assistance delivered by the UK in the Republic of Moldova, outside the public sector of the Recipient country, the UK shall keep the Republic of Moldova authorities informed of the volume and objectives of such cooperation.
Article 6.
The Government of Moldova shall exempt any financial non-reimbursable assistance, technical assistance and humanitarian aid provided and financed by the Government of the UK under this Agreement from the payment of all duties, fees, levies or any costs whatsoever, including VAT.
Article 7. Foreign and Security Policy
1. The Parties shall intensify their dialogue and cooperation in the area of foreign and security policy, and shall address in particular issues of conflict prevention and crisis management, regional stability, disarmament, non-proliferation, arms control and export control. Cooperation shall be based on common values and mutual interests, and shall aim at increasing policy effectiveness, making use of bilateral, international and regional fora.
2. The Parties reaffirm their commitment to the principles of respect for sovereignty and territorial integrity, inviolability of borders and independence, as established in the Charter of the United Nations and the Helsinki Final Act of 1975 of the Conference on Security and Cooperation in Europe, and their commitment to promote those principles in their bilateral and multilateral relations.
Article 8. International Criminal Court
1. The Parties reaffirm that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured by taking measures at the national and international level, including the International Criminal Court (ICC).
2. The Parties consider that the establishment and effective functioning of the ICC constitutes an important development for international peace and justice. The Parties agree to support the ICC by implementing the Rome Statute of the International Criminal Court and its related instruments, giving due regard to preserving its integrity.
Article 9. Conflict Prevention and Crisis Management
The Parties shall enhance practical cooperation in conflict prevention and crisis management.
Article 10. Regional Stability
1. The Parties shall intensify their joint efforts to promote stability, security and democratic development in the region and, in particular, shall work together for the peaceful settlement of regional conflicts.
2. The Parties reiterate their commitment to a sustainable solution to the Transnistrian conflict, in full respect of the sovereignty and territorial integrity of the Republic of Moldova within its internationally recognised borders, as well as to jointly facilitating post-conflict rehabilitation. Pending its resolution and without prejudice to the established negotiating format, the Transnistrian conflict in will constitute one of the central subjects on the agenda of political dialogue and cooperation between the Parties, as well as in the dialogue and cooperation with other interested international actors.
3. Those efforts shall follow commonly shared principles of maintaining international peace and security as established by the Charter of the United Nations, the Helsinki Final Act of 1975 of the Conference on Security and Co- operation in Europe and other relevant multilateral documents.
Article 11. Weapons of Mass Destruction
1. The Parties consider that the proliferation of weapons of mass destruction (WMD) and their means of delivery, both to state and non-state actors, represents one of the most serious threats to international peace and stability. The Parties therefore agree to cooperate and contribute to countering the proliferation of WMD and their means of delivery through full compliance with, and national implementation of, their existing obligations under international disarmament and non-proliferation treaties and agreements, and other relevant international obligations. The Parties agree that this provision constitutes an essential element of this Agreement.
2. The Parties furthermore agree to cooperate and to contribute to countering the proliferation of WMD and their means of delivery by:
(a) taking steps to ratify, or accede to, as appropriate, and fully implement all other relevant international instruments; and
(b) establishing an effective system of national export controls, controlling the export as well as transit of WMD-related goods, including a WMD end- use control on dual-use technologies, and containing effective sanctions for breaches of export controls.
3. The Parties agree to make this a subject of the political dialogue provided for in this Agreement.
Article 12. Small Arms and Light Weapons and Conventional Arms Export Control
1. The Parties recognise that the illicit manufacture, transfer and circulation of small arms and light weapons (SALW), including their ammunition, and their excessive accumulation, poor management, inadequately secured stockpiles and uncontrolled spread continue to pose a serious threat to peace and international security.
2. The Parties agree to observe and fully implement their respective obligations to deal with the illicit trade in SALW, including their ammunition, under existing international agreements and UN Security Council resolutions, as well as their commitments within the framework of other international instruments applicable in that area, such as the UN Programme of Action to prevent, combat and eradicate the illicit trade in SALW in all its aspects.
3. The Parties shall undertake to cooperate and to ensure coordination, complementarity and synergy in their efforts to deal with the illicit trade in SALW, including their ammunition, and the destruction of excessive stockpiles, at a global, regional, sub-regional and national level.
4. Furthermore, the Parties agree to continue to cooperate in the area of conventional arms export control.
5. The Parties agree to make this a subject of the political dialogue provided for in this Agreement.
Article 13. International Cooperation In the Fight Against Terrorism
1. The Parties agree to work together at a bilateral, regional and international level to prevent and combat terrorism in accordance with international law, relevant UN resolutions, international human rights standards, and refugee and humanitarian law.
2. To that effect, the Parties shall in particular cooperate so as to deepen international consensus on the fight against terrorism, including on the legal definition of terrorist acts and by working towards an agreement on the Comprehensive Convention on International Terrorism.
3. The Parties shall, in the framework of the full implementation of UN Security Council Resolution 1373 (2001) and other relevant UN instruments and of applicable international conventions and instruments, exchange information on terrorist organisations and groups and their activities and support networks in accordance with international law and the legislation of the Parties.
Title II. FREEDOM, SECURITY AND JUSTICE
Article 14. Rule of Law
1. In their cooperation in the area of freedom, security and justice the Parties shall attach particular importance to the promotion of the rule of law, including the independence of the judiciary, access to justice, and the right to a fair trial.
2. The Parties will cooperate fully on the effective functioning of institutions in the areas of law enforcement and the administration of justice.
3. Respect for human rights and fundamental freedoms will guide all cooperation on freedom, security and justice.
Article 15. Protection of Personal Data
1. The Parties affirm their commitment to ensuring a high level of personal data protection and shall endeavour to work together to promote high international standards.
2. Any processing of personal data shall be subject to the legal provisions referred to in Annex I to this Agreement. The transfer of personal data between the Parties shall only take place if such transfer is necessary for the implementation, by the competent authorities of the Parties, of this agreement.
Article 16. Cooperation on Migration, Asylum and Border Management
1. The Parties reaffirm the importance of a joint management of migration flows between their territories, including legal migration, international protection, illegal migration, smuggling and trafficking in human beings.
2. Cooperation will be based on a specific needs assessment, conducted in mutual consultation between the Parties, and implemented in accordance with their relevant legislation in force. It will, in particular, focus on:
(a) the root causes and the consequences of migration;
(b) the development and implementation of national legislation and practices as regards international protection, with a view to satisfying the provisions of the Geneva Convention relating to the Status of Refugees of 1951 and of the Protocol relating to the Status of Refugees of 1967 and of other relevant international instruments, and to ensuring the respect of the principle of "non-refoulement" ;
(c) the admission rules and rights and status of persons admitted, fair treatment and integration of lawfully residing non-nationals, education and training, and measures against racism and xenophobia;
(d) the establishment of an effective and preventive policy against illegal immigration, smuggling of migrants and trafficking in human beings, including the issue of how to combat networks of smugglers and traffickers and how to protect the victims of such trafficking;
(e) the promotion and facilitation of the return of illegal migrants; and
(f) in the area of border management and document security, on issues of organisation, training, best practices and other operational measures.
Article 17. Movement of Persons
The Parties agree that they may enter into dialogue regarding the movement of people within the current or future national frameworks governing these issues, particularly the movement of skilled individuals.
Article 18. Preventing and Combating Organised Crime, Corruption and other Illegal Activities
1. The Parties shall cooperate on preventing and combating all forms of criminal and illegal activities, organised or otherwise, including those of a transnational character, such as:
(a) smuggling and trafficking in human beings;
(b) smuggling and trafficking in goods, including in small arms and illicit drugs;
(c) illegal economic and financial activities such as counterfeiting, fiscal fraud and public procurement fraud;
(d) fraud, as defined in Protocol III of this Agreement, in projects funded by international donors;
(e) acts of corruption and related acts, both in the private and public sector, including the abuse of office or abuse of power and trading in influence;
(f) fraud and forging documents and submitting false statements; and
(g) cyber crime.
2. The Parties shall enhance bilateral, regional and international cooperation among law enforcement bodies, including strengthening cooperation with the relevant authorities of the Republic of Moldova. The Parties are committed to implementing effectively the relevant international standards, and in particular those enshrined in the United Nations Convention against Transnational Organised Crime (UNTOC) of 2000 and its three Protocols, the United Nations Convention against Corruption of 2003, and relevant Council of Europe instruments on preventing and combating corruption.
Article 19. Tackling Illicit Drugs
1. Within their respective powers the Parties shall cooperate to ensure a balanced and integrated approach towards drug issues. Drug policies and actions shall be aimed at reinforcing structures for tackling illicit drugs, reducing the supply of, trafficking in and the demand for illicit drugs, coping with the health and social consequences of drug abuse, as well as at a more effective prevention of diversion of chemical precursors used for the illicit manufacture of narcotic drugs and psychotropic substances.
2. The Parties shall agree on the necessary methods of cooperation to attain those objectives. Actions shall be based on commonly agreed principles along the lines of the relevant international conventions, and taking into account the 2009 Political Declaration and Plan of Action on International Cooperation towards an Integrated and Balanced Strategy to Counter the World Drug Problem and the outcome document of the thirtieth special session of the General Assembly 2016 on the world drug problem, entitled "Our joint commitment to effectively addressing and countering the world drug problem".
Article 20. Preventing and Combating Money Laundering and Financing of Terrorism
1. The Parties shall cooperate in order to prevent the use of their financial and relevant non-financial systems to launder the proceeds of criminal activities, as well as for the purpose of financing of terrorism. That cooperation extends to the recovery of assets or funds derived from the proceeds of crime.
2. Cooperation in this area shall allow exchanges of relevant information within the framework of respective legislations and the adoption of appropriate standards to combat money laundering and financing of terrorism, equivalent to those adopted by relevant international bodies active in this area, such as the Financial Action Task Force on Money Laundering and Terrorist Financing (FATF).
Article 21. Combating Terrorism
The Parties agree to cooperate in the prevention and suppression of acts of terrorism in full respect for the rule of law, international human rights, and refugee and humanitarian law and in accordance with the UN Global Counter-Terrorism Strategy of 2006 as well as their respective laws and regulations. They shall do so in particular in the framework of the full implementation of UN Security Council Resolutions 1267 (1999), 1373 (2001), 1540 (2004) and 1904 (2009) and other relevant UN instruments, and applicable international conventions and instruments:
(a) by exchanging information on terrorist groups and their support networks in accordance with international and national law;
(b) by exchanging views on terrorism trends and on means and methods of combating terrorism, including in technical areas and training, and by exchanging experiences in respect of the prevention of terrorism; and
(c) by sharing best practices in the area of protection of human rights in the fight against terrorism.
Article 22. Legal Cooperation
1. The Parties agree to develop judicial cooperation in civil and commercial matters as regards the negotiation, ratification and implementation of multilateral conventions on civil judicial cooperation and, in particular, the conventions of the Hague Conference on Private International Law in the field of international legal cooperation and litigation as well as the protection of children.
2. As regards judicial cooperation in criminal matters, the Parties will seek to enhance cooperation on mutual legal assistance. That would include, where appropriate, accession to, and implementation of, the relevant international instruments of the UN and the Council of Europe. and closer cooperation with Eurojust, where that is possible.