Moldova Migration Management Gaps Analysis - ENG

MIGRATION MANAGEMENT
GAPS ANALYSIS
REPUBLIC OF MOLDOVA
2015
IOM џ OIM
Project funded by Project co-funded by Project co-funded and In partnership with
the European Union the U.S. Department of State implemented by the the Government of
Interna onal Organiza on the Republic of Moldova
for Migra on
MIGRATION MANAGEMENT
GAPS ANALYSIS
REPUBLIC OF MOLDOVA
Diana CHEIANU-ANDREI
Adriana BARILOV
2015
IOM џ OIM
Project funded by Project co-funded by Project co-funded and In partnership with
the European Union the U.S. Department of State implemented by the the Government of
Interna onal Organiza on the Republic of Moldova
for Migra on
MIGRATION MANAGEMENT GAPS ANALYSIS
EU Thema c Programme on Migra on and Asylum

“Strengthening Migra on Management and Coopera on on Readmission in Eastern Europe”
project
M I G R E C O
This study was developed by the IOM Mission in the Republic of Moldova, within the framework of the
“Strengthening Migra on Management and Coopera on on Readmission in Eastern Europe”
MIGRECO Project, financed by the European Union via the EC Thema c Program on Migra on and
Asylum, co-financed by the U.S. Department of State, co-financed and implemented by the
Interna onal Organiza on for Migra on, in partnership with the Government of the Republic of
Moldova.
The content of this publica on does not reflect the donors' views.
European Union
European Union is composed of 28 member states, which decided to gradually unite their skills,
resources, and fate. Over a period of enlargement of 50 years, all these states have built together an
area of stability, democracy and sustainable development, preserving at the same me the cultural
diversity, tolerance and individual freedom.
The European Union has commi ed to share its achievements and values with the countries and
na ons beyond its borders.
The European Commission is the execu ve body of the EU.
h p://www.europa.eu
delega on-moldova@eeas.europa.eu
IOM џ OIM
Interna onal Organiza on for Migra on (IOM)

Established in 1951, IOM is the main intergovernmental organiza on in the area of migra on and
ac vely collaborates with governmental, intergovernmental and non-governmental partners.
Having 149 members states, 12 observer states, and offices in over 100 countries, IOM aims to
promote organized and human migra on benefi ng all the people. This ac vity is carries out via
different services, including consultancy services provided to governments and migrants.
IOM aims to manage organized and humane migra on, to promote interna onal coopera on on
migra on issues, to help in searching for prac cal solu ons for migra on issues, and to provide social
assistance to migrants, including refugees.
The IOM Cons tu on recognized the link between migra on and economic, social, and cultural
development, as well as the right to freedom and mobility.
www.iom.md
32
REPUBLIC OF MOLDOVA
CONTENT
ABBREVIATIONS AND ACRONYMS ...............................................................................................5
EXECUTIVE SUMMARY .................................................................................................................7
I.INTRODUCTION .........................................................................................................................9
1.1. Contextual jus fica on ................................................................................................................9
1.2. Goal and objec ves of the study ..................................................................................................9
1.3. Methodology ................................................................................................................................9
II. ASSESSING THE MIGRATION SITUATION IN THE REPUBLIC OF MOLDOVA ................................11

2.1. Migra on flows ..........................................................................................................................11
2.2. Mobility at the borders...............................................................................................................17
III. ANALYSIS OF THE RELEVANT AREAS OF MIGRATION POLICIES AND LEGAL FRAMEWORK .......26
3.1. Poli cal vision .............................................................................................................................26
3.2. Migra on challenges ..................................................................................................................27
3.3. Legal framework .........................................................................................................................29
IV. INSTITUTIONAL FRAMEWORK FOR MIGRATION MANAGEMENT ............................................43

4.1 Bureau of Migra on and Asylum .................................................................................................43
4.2. Border Police ..............................................................................................................................47
4.3. Center for Comba ng Trafficking in Persons .............................................................................55
4.4. Ministry of Foreign Affairs and European Integra on ................................................................57
4.5. Ministry of Labor, Social Protec on and Family .........................................................................59
4.6. Interna onal coopera on ..........................................................................................................61
4.7. Coopera on with civil society.....................................................................................................64
V. INTER-AGENCY INTERACTION, COORDINATION AND COOPERATION IN MIGRATION

MANAGEMENT .......................................................................................................................67
VI. CONCLUSIONS AND RECOMMENDATIONS .............................................................................73
REFERENCES ..............................................................................................................................81
ANNEXES ...................................................................................................................................87
Annex 1. Interviewed governmental and interna onal authori es ..................................................87
Annex 2. Ins tu onal Framework for Migra on Management .........................................................88
3
4
REPUBLIC OF MOLDOVA
ABBREVIATIONS AND ACRONYMS

BCP – Border Crossing Point
BDR – Bureau for Diaspora Rela ons
BIR – Bureau of Interethnic Rela ons
BMA – Bureau of Migra on and Asylum
BP – Border Police
BPD – Border Police Department
BPNC – Border Police Na onal College
BPS – Border Police Sector
CCC – Common Core Curriculum for EU Border Guard Basic Training
CCTP – Centre for Comba ng Trafficking in Persons
CIS – Community of Independent States
CIS – Community of Independent States
CLB – Children le behind
EaP – Eastern Partnership
EMP – Extended Migra on Profile
EU – European Union
EUBAM – European Union Border Assistance Mission in Moldova and Ukraine
EUROSTAT - Sta s cal Office of the European Union
EUROSUR – European System for Border Surveillance
E-Visa – Visa Informa on System
FRONTEX – European Agency for Management of Opera on Coopera on at the External Borders of
the Member States of the European Union
GDP – Gross Domes c Product
GPI – General Police Inspectorate
GPO – General Prosecutor's Office
HBS – Households Budget Survey
IBM – Integrated Border Management
ILO – Interna onal Labour Organiza on
ICMPD – Interna onal Centre for Migra on Policy Development
IOM – Interna onal Organiza on for Migra on
IS – Informa on System
ISBM – Integrated State Border Management
ISBMS – Integrated State Border Management Strategy
LFS – Labour Force Survey LIPC – Logis cs and Immovable Property Centre
LPA – Local Public Authori es
MAFI – Ministry of Agriculture and Food Industry
MC – Ministry of Culture
ME – Ministry of Economy
MED– Ministry of Educa on
MEN – Ministry of Environment
MF – Ministry of Finance
MFAEI – Ministry of Foreign Affairs and European Integra on
5
MH – Ministry of Health
MIA – Ministry of Internal Affairs
MIGRECO – Strengthening Migra on Management and Coopera on on Readmission in Eastern
Europe Project
MJ – Ministry of Jus ce
MITC – Ministry of Informa on Technology and Communica ons
MLSPF – Ministry of Labour, Social Protec on and Family
MP – Mobility Partnership
MRDC – Ministry of Regional Development and Construc ons
MТRI – Ministry of Transporta on and Road Infrastructure
NBS – Na onal Bureau of Sta s cs
NCC – Na onal Coordina on Centre
NCCTHB – Na onal Commi ee for Comba ng Trafficking in Human Beings
NCISBM – Na onal Council for Integrated State Border Management
NEA – Na onal Employment Agency NGO – Nongovernmental organiza on
NHIC – Na onal Health Insurance Company
NRS – Na onal Referral System
NSIC – Na onal Social Insurance Company
OSCE – Organiza on for Security and Coopera on in Europe
RD – Regional Directorate
RМ – Republic of Moldova
SDC – Swiss Agency for Development and Coopera on
SIIAICP – Automated Integrated Informa on System keeping the records about offences, criminal
cases, and perpetrators
SIIAMA – Automated Integrated Informa on System for Migra on and Asylum
SIIDO – Integrated Informa on System of the Law Enforcement Bodies in the RM
SIIPF – Integrated Informa on System of Border Police
SIIPFM – Automated Informa on System of Labour Force Market
SRP – State Register of Popula on
THB – Trafficking in Human Beings
UNDP – United Na ons Development Programme UNFPA – United Na ons Popula on Fund
UNHCR – United Na ons High Commissioner for Refugees
USSR – Union of Soviet Socialist Republics
WB – World Bank
WHO – World Health Organiza on
6
REPUBLIC OF MOLDOVA
EXECUTIVE SUMMARY
The Republic of Moldova (RM) currently benefits from liberalized visa regime with countries from
the Community of Independent States (CIS) and Caucasus, as well as with the European Union (EU) /
Schengen states, some countries from the West Balkans, South America, Middle East, and other
regions. This allows circular migra on of the Moldovan ci zens in the CIS countries, but also to EU
countries, as well as migra on of other states' ci zens to the RM.
The “Strengthening Migra on Management and Coopera on on Readmission in Eastern Europe”
(MIGRECO) Project, financed by EU, aims at improving migra on management by carrying out a study
focused on iden fying and analyzing the exi ng gaps in the respec ve area. The study performed within
the project covered the analyses of: (i) migra on flows and exis ng challenges in migra on area; (ii)
migra on policies and relevant legisla on; (iii) compa bility of the RM legisla on with the EU standards
and of some exis ng inconsistences; (iv) ac vi es of the main public authori es with direct or related
competences in migra on management area, as well as the level of coopera on among them; (v)
interna onal coopera on in migra on area; (vi) coopera on with civil society. To achieve all these
objec ves, a complex methodological approach was used, covering the analysis of secondary data
(sta s cs, na onal and interna onal legisla on, analy cal and scien fic studies and reports of public
ins tu ons, EU ins tu ons and other interna onal organiza ons), as well as primary data (individual in-
depth interviews with the representa ves of public ins tu ons, na onal and interna onal experts).
The geographic posi oning of the RM at the Eastern border with the EU, associated with wider
processes for adop ng European standards and values, implies the contribu on of our country to the
efforts undertaken to maintain stability and to manage the security threats in the common
neighborhood, including those related to irregular migra on. This approach refers to crea ng
favorable condi ons for persons' and goods' legal mobility, as well as to ensuring an efficient border
control. In par cular, the implementa on of policies for preven ng and comba ng irregular migra on
represented an essen al condi on envisaged in the EU Visa Liberaliza on Plan. The RM's significant
progress in this area has materialized in the EU Decision to eliminate the visa requirement for short-
term stays for the Moldovan ci zens travelling to the EU/Schengen countries.
Over the last years, the RM has adopted a set of concept-documents and norma ve acts
determining the migra on policy and migra on management – Law No. 200 on Foreigners' Regime of
16.07.2012, Law No. 274 on Foreigners' Integra on of 12.11.2011, Law No. 270 on Asylum of
18.12.2008, Na onal Strategy in Migra on and Asylum for 2011-2020 of 08.09.2011, Integrated
State Border Management Strategy for 2011-2013 of 27.12. 2010, Law on RM State Border No. 215
of 04.11.2011 etc. The na onal legisla ve framework in migra on area refers to mul ple aspects:
preven ng and comba ng illegal migra on and trafficking in human beings, labor force migra on,
refugees' and migrants' rights and interests and control of migra on processes, foreigners'
integra on, coopera on with diaspora, etc. The regula on of migra on processes in RM is based on
the interna onal legisla on, bilateral interstate agreements in special areas, and na onal legisla on.
The RM is gradually harmonizing its na onal legal framework with the acquis communautaire.
The following may be referred to from this perspec ve: the structural reform of the Bureau for
Migra on and Asylum (BMA), which is responsible for developing the state policy in the area of
migra on and asylum; na onal and interna onal coopera on in the area of migra on, asylum,
integra on, and statelessness; management of migra on processes, foreigners' documenta on,
including foreigners' integra on, and last but not least, comba ng foreigners' illegal stay. Currently the
BMA covers such territorial subdivisions as regional services for foreigners' documenta on, regional
7
sec ons for comba ng foreigners' illegal stay, record keeping of foreigners on the Transnistrian
segment. As well, the BMA is the ins tu on responsible for the Extended Migra on Profile and
development of the Automated Integrated Informa on System “Migra on and Asylum” (SIIAMA) etc.
The RM has taken over and developed, according to its na onal peculiari es, the European model
of Integrated Border Management (IBM), developed by EU to support the policies to combat irregular
migra on. This concept envisages assigning essen al legal competences in the area of migra on to the
authority responsible for border management, together with other authori es from jus ce and home
affairs areas. At the same me, the model focuses on intensifying the inter-agency and interna onal
coopera on in the area of preven ng and comba ng irregular migra on and cross-border crime.
Based on this study findings, it may be concluded that the norma ve framework of the RM is, to a
large extent, adjusted to the European standards to ensure incrimina on and punishment of legal
offences related to illegal migra on, illegal crossing of the state border, as well as of other cross-border
crimes, as well as sanc oning for some administra ve offences related to irregular migra on. This also
allowed the RM border authority to specialize in comba ng illegal migra on and cross-border crimes, and
to transform itself into a police ins tu on of law enforcement which serves the ci zens of the country.
In this context, the Border Police (BP) has acquired new competence in comba ng illegal
migra on and cross-border crime, including the criminal inves ga on and prosecu on of cross-
border crimes, forensic exper se of travel documents, examina on of cases of illegal stay of
foreigners detected in the border zone, etc. At the same me, the study revealed the func onal gaps
in the area of coopera on among na onal ins tu ons in rela on to comba ng irregular migra on and
cross-border crime, lack of incrimina on in the na onal legisla on of some cross-border offences,
limited territorial access of the border authority to undertake measures for comba ng irregular
migra on in the areas located within irregular migra on routes. All these gaps limit the efficiency of
the ac ons for comba ng irregular migra on together with other law enforcement authori es.
The RM is characterized by a big number of ins tu ons ac ve in migra on area. It is necessary to
undertake ac ons to avoid the doublings, overlaps in some ac vi es carried out by different
ins tu ons on one hand, and to intensify the ins tu onal coopera on, on the other hand. There are
possibili es for improving the intra- and inter-agency communica on and coopera on in ma ers
related to migra on management, especially in rela on to exchange of informa on and coopera on
for comba ng irregular migra on, trafficking in human beings, etc.
The missing system of ini al and con nuous training of specialists in migra on area is really felt in
the ac vity of the ins tu ons responsible for migra on management. The BP has a system for training
its employees in this area, while the BMA currently has no possibility to recruit from somewhere
employees with professional training in the area of migra on and asylum.
The recommenda ons of the study mainly focus on enhancing the coopera on between the
ins tu ons with direct du es in the area of migra on management and integrated border
management, comba ng irregular migra on, as well as filling in the regulatory gaps. It is necessary to
build the capaci es of the authori es with a mandate in the area of foreigners' integra on, preven on
and comba ng irregular migra on, and cross-border crime. In spite of the implementa on
deficiencies revealed by the study, the norma ve and ins tu onal framework on migra on
management and integrated border management is permanently adjusted to the new challenges and
iden fied needs. Hence, the experience of the RM may be analyzed as a good prac ce to be followed
by other countries par cipa ng in the Eastern Partnership and shared together with the lessons
learned, including the posi ve aspects and the iden fied gaps – a fact confirmed by the European
Commission reports on enforcement by the RM of the Ac on Plan on Visa Liberaliza on.
8
REPUBLIC OF MOLDOVA
I. INTRODUCTION
1.1. CONTEXTUAL JUSTIFICATION
The RM is one of the former soviet republics which declared its independence on August 27,
1991, a er the collapse of the Union of Soviet Socialist Republics (USSR). Independency has
offered the popula on of the RM a number of opportuni es, including the possibility to travel
abroad. In a short period of me, the country started to feel the different forms of migra on.
Permanent migra on was widely spread at the beginning of the '90s of the last century, the main
countries of des na on being Israel, Russian Federa on, Ukraine, and Germany. Subsequently, the
permanent migra on flows were redirected to Canada and United States of America covering
specialists of high qualifica on and their families.
Circular migra on, especially labor force migra on was caused by the popula on wish to improve
its financial situa on, represen ng mainly an individual response to the ini ated reforms. Due to
migra on increase, remi ances became an important component of the economy of the Republic of
Moldova, represen ng a significant part of the country's GDP - 25% in 2013.1
An increasing trend of immigrants' number may be noted in the RM over the last years, including
due to the liberalized visa regime. It is forecasted that the immigrants' flows will con nue to increase
as well a er Romania joins the Schengen Area.
In these condi ons, the “Strengthening Migra on Management and Coopera on on
Readmission in Eastern Europe” (MIGRECO) Project, financed by EU, aims at improving migra on
management and coopera on promo on in the readmission area in Ukraine, Moldova and Belarus, in
line with the EU standards. All the three countries have certain strategic objec ves common with EU,
including the balanced sub-regional approach to the opera onal measures, related to building
migra on poten al.
1.2. GOAL AND OBJECTIVES OF THE STUDY

The main objec ve of the study was to analyze the gaps in migra on management in the RM.
The study covered the analysis of:
- migra on flows and exis ng challenges in migra on area;
- migra on policies and relevant legisla on;
- compa bility of legisla on and reasons for some exi ng inconsistencies in the legisla on;
- the main public authori es with direct and related competences in the area of migra on
management, and the level of coopera on among them;2
- ins tu onal poten al (human resources, financial resources);
- interna onal coopera on in migra on area;
- coopera on with civil society.
1.3. METHODOLOGY
To achieve the suggested goal, it was decided to use a complex methodological approach, which
includes the analysis of available sta s cal data regarding the relevant aspects of the na onal
1
h p://www.worldbank.org/en/news/press-release/2014/10/06/remi ances-developing-countries-five-percent-conflict-related-
migra on-all- me-high-wb-report
2
The study did not aim to describe all the ins tu ons with du es related to migra on area, indicated in Annex 2.
9
legisla on, analysis of the analy cal and scien fic publica ons, official reports of the public
ins tu ons, EU ins tu ons and other interna onal organiza ons, as well as analysis of the public
opinion polls. These data were completed with informa on obtained from in-depth individual
interviews carried out with the representa ves of the governmental authori es and interna onal
ins tu ons, and the data provided by the public ins tu ons as a response to the informa on
requests. To ensure the accuracy of the study, different opinions were taken into considera on: of the
different officials, na onal experts, and interna onal experts who par cipated in the research (see
Annex 1 Interviewed governmental and interna onal authori es). The opinions were collected based
on an interview guide with common ques ons. Hence, the following criteria were taken into account
when formula ng the conclusions and recommenda ons:
- Common points and divergences in the interviewed people's opinions,
- Relevance of what was men oned in rela on to the exis ng needs,
- Sustainability of suggested measures.
10
REPUBLIC OF MOLDOVA
II. ASSESSING THE MIGRATION SITUATION

IN THE REPUBLIC OF MOLDOVA
2.1. MIGRATION FLOWS
When the USSR collapsed and the RM declared its independency, it was not possible to forecast
the trends and the magnitude of the migra on processes. In a short historical period (1991-2013), the
RM joined the globaliza on process, ge ng to know different forms of interna onal migra on –
emigra on and immigra on, permanent and temporary, regular and irregular, forced and voluntary
residence, etc.
The mul tude of migra on forms, ac ons for integra ng migrants in the countries of des na on,
and the switch from temporary to permanent migra on is influencing the economic, demographic,
and social processes in the RM, determining the decrease in number of the popula on in general, and
that of ac ve popula on in par cular (Table 1), as well as certain imbalances on the labor force
market. An efficient migra on management may help to reduce the nega ve effects and to increase
the posi ve effects of migra on. In this respect, it is necessary to undertake ac ons to ensure the
circular nature of migra on, to promote the return and (re)integra on of migrants in their country of
origin, as well as to include the migrants with permanent stay outside of the country on the
development agenda of the country of origin.
At the same me, the RM case presents some peculiari es. Currently, there are different
migra on data sources in the RM. Due to the different methodologies of data collec on and the scope
of such data, divergences exist in absolute figures, as well as in the variables related to migrant flows'
composi on.3 Hence, the State Register of Popula on4 provides data regarding a limited number of
emigrants (documented emigrants) who have officially withdrawn themselves from their place of
residence before leaving abroad and provided data regarding the new country of residence.
The Na onal Bureau of Sta s cs (NBS), via the Labor Force Survey, es mates the number of
migrant workers aged 15 years old and over (persons who during the period of reference are abroad to
work or to look for a job) based on a survey carried out at the na onal level in a representa ve way.5
The data of the BP regarding the border crossing provide the possibility to get to know the stay period
in RM, as well as abroad for all the persons who cross legally the state border. EUROSTAT6 provides
important data regarding the migra on of Moldovans with ci zenship and documented stay in the
countries of des na on. Respec vely, the number of Moldovan emigrants presented by different
sources is different, oscilla ng between 330 thousand to 1 million persons. The data on immigra on
are managed by the Bureau of Migra on and Asylum (BMA), which provides informa on on
immigra on, asylum, repatria on, etc.
3
Vremeş M.,Craievschi-Toartă V.,etc. Extended Migra on Profile of the Republic of Moldova 2005-2010. – IOM, 2012, p.27.
4
The State Register of Popula on is kept by the State Enterprise “CRIS Registru”.
5
In the fourth quarter 2012, the NBS conducted a complementary module to LFS. In it was es mated number of people who are abroad
for work or looking for work (current migra on) or who have been abroad for this purpose in the last 24 months at the me of the
interview (return migra on).
6
The database of EUROSTAT provides informa on collected in 30 countries from the European Economic Area, which host Moldovan
migrants, offering important data for comparing them with the data provided by the informa on sources from the Republic of
Moldova.
11
Table 1. Popula on and migra on in the Republic of Moldova,

2000-2013, (thousand persons)
Economically
Popula on Migrant
Year ac ve Emigrants7 Immigrants8 Repatriated9
(total)
popula on workers10
2000 3644 1655 9,2 1,3 1,4 138
2001 3635 1617 6,4 1,3 1,3 172
2002 3628 1615 6,6 1,3 1,6 231
2003 3618 1474 7,4 1,6 1,3 291
2004 3607 1433 7,2 1,7 1,8 345
2005 3600 1422 6,8 2,1 1,1 365
2006 3590 1357 6,7 2,0 1,6 310
2007 3581 1314 7,1 2,1 1,8 336
2008 3573 1303 7,0 2,7 2,0 310
2009 3568 1265 6,6 2,0 2,2 295
2010 3564 1235 4,7 2,5 1,7 311
2011 3560 1258 3,9 2,7 1,7 317
2012 3560 1215 3,1 3,1 1,4 328
2013 3559 1236 3,3 3,4 1,6 333

Source: Na onal Bureau of Sta s cs
EMIGRATION
Emigra on for permanent residence and repatria on were determined ini ally by the collapse
of the USSR and the need to leave/come back in the country of origin and to reunite the family, and
subsequently there appeared the wish to get se led in a more developed country from social-
economic point of view. In 1995-2013, about 115 thousand persons le the RM for permanent
residence outside the country, the main countries of des na ons being Russian Federa on, Ukraine,
Israel, Germany, a erwards USA and Canada. At the same me, the share of those repatriated during
this period of me was about 50 thousand, hence the migra on balance being nega ve as number,
and level of educa on (Figure 1).
7
The persons who le for permanent residence abroad.
8
Foreigners who stay temporary in the Republic of Moldova for the purpose of work, educa on, and family reintegra on.
9
The persons born in the Republic of Moldova or on the territory of the Republic of Moldova en tled to hold ci zenship of the Republic
of Moldova. The data source regarding the repatriated persons MIA/BMA, MITC/SE “CRIS Registru”.
10
Persons working or looking for a job abroad over the last 12 months. The data presented by the NBS based on the Labor Force Survey.
12
REPUBLIC OF MOLDOVA
Figure 1. Number of emigrants, immigrants and repatriated persons

10 in the Republic of Moldova, 2000-2013
9 Emigrants
8 Immigrants
7
thousand, persons
Repatriates
6
5
4
3
2
1
0
0 1 2 3 4 5 6 7 8 9 0 1 2 3
200 200 200 200 200 200 200 200 200 200 201 201 201 201
Source: Na onal Bureau of Sta s cs, Bureau of Migra on and Asylum
Emigra on for studies is another sensi ve topic related to brain drain, frequently related to the
transforma on of the migrant status from a temporary to a permanent one. Currently the RM has data
only about the number of Moldovan ci zens studying abroad based on the interna onal trea es in
educa on area.11 The dynamic analysis of these data reveals a 2,9 mes increase of the respec ve
number during 2006-2013. In 2013, this number was of 5 891 persons, and 93% of the total number of
Moldovan ci zens who le abroad for studies were staying in Romania, the rest – in Bulgaria, Ukraine,
Russian Federa on, Czech Republic, Latvia, China, Slovak Republic, Estonia.12
Forced emigra on based on the informa on obtained from the interna onal databases
registered a significant decrease over the last years. According to these data, the number of asylum
seekers from Moldova abroad has decreased from 4 852 persons in 2005 down to 441 persons in
2012. The same trends are observed in case of the asylum seekers from Moldova, who have obtained
the status of refugee abroad – 12 064 persons in 2005 and 6 148 persons in 2012.13
Temporary labor emigra on was and remains to be the most widespread form of emigra on in
the RM. The data of the Labor Force Survey, which is carried out annually by the NBS, es mate the
number of migrant workers, including the persons aged 15 years old and over, who have le abroad to
work or to look for a job over the last 12 months at the moment the survey is conducted. Data of the
Labor Force Survey reveal an increase of migrant workers' flow abroad from 138 thousand in 2000 to
365 thousand in 2005, a erwards a decrease is registered down to 295 thousand in 2009 and a slight
increase up to 333 thousand in 2013 (Figure 2). For elucida ng the causes and the trends of labor
migra on, special a en on should be paid to the neoclassic economic theory14 and social networks
11
The number of Moldovan ci zens who have le to study abroad by themselves is not known. Due to the limited number of places
obtained by the Republic of Moldova based on the interna onal trea es, according to the data of the Ministry of Educa on, the
number of persons studying abroad is rela ve low.
12
Extended Migra on Profile of the Republic of Moldova 2007-2012. – MIA, BMA, 2013, p.19, 48. For 2013, the data were provided by
the BMA.
13
Ibidem, p. 50.
14
Massey, D., Arango, J., Hugo, G., Kouaouci, A., Pellegrino, A. and Taylor, J. (1993). Theories of interna onal migra on: review and
appraisal// Popula on and Development Review, 19, p. 431–466.
13
theory. The difference in salaries for employees from the different economic areas explains the
migra on flows from the RM to work abroad in the more developed countries. The analysis of the
reasons determining labor migra on reveals another important factor for involvement in the
migra on processes – presence of some migra on networks based on friends and acquaintances,
including parents/spouses.
Figure 2. Number of labor emigrants from the Republic of Moldova, 2000-2013

450
394.5
400
345.3 335.6 328.3 332.5
350 310.1 309.7 294.9 311 316.9
291
thousand, persons
300
250 231.3
200 172
138.3
150
100
50
0
0 1 2 3 4 5 6 7 2008 2009 2010 2011 2012 2013
200 200 200 200 200 200 200 200
Source: Na onal Bureau of Sta s cs
The main countries of des na on for the majority of Moldovan migrant workers s ll are – the
15 16
Russian Federa on in the Eastern part and Italy in the Western part. Labor migra on to Russia is
fostered by the visa-free regime, knowledge of Russian language, rela ve low travelling costs,
recogni on of diplomas and qualifica ons, cultural affini es, and last but not least, illegal work in this
country does not impede their legal return to the RM.17 Labor migra on in the EU countries is mainly
possible due to the fact that the ci zens of the RM obtain the Romanian ci zenship,18 the residence
permits obtained by the Moldovan migrants in Italy during 2000-2010, including the acquiring of the
ci zenship in the states to which they have migrated.19 Unlike the migra on flows towards the
countries from the East, the flows towards the European countries and other world countries,
especially to Italy, are feminized, more qualified, and of an older age.20
A specific problem within the migrant workers' flows refers to migrants' adapta on and
integra on in the countries of des na on, which determines a part of the migrants to opt for the
transforma on of migra on from a temporary to a permanent one. The surveys conducted in the
15
According to the NBS data, in 2012 about 223 thousand persons aged 15 years old and over were in the Russian Federa on for work or
looking for a job.
16
According to the NBS data, in 2012 about 55 thousand persons aged 15 years old and over were in Italy for work or looking for a job.
17
The situa on changed in 2014 as a result of the restric ons and toughening of the controls undertaken by the Federal Migra on
Service of the Russian Federa on.
18
Number of Republic of Moldova ci zens who have the ci zenship of Romania is not known.
19
Over 6000 of Moldovans have acquired the ci zenship of Portugal in 2009-2011. As well, there are Moldovans who have the
ci zenship of France, Italy, etc. See: Cheianu-Andrei D. Mapping of the Moldova Diaspora in Italy, Portugal, France and the United
Kingdom. IOM, Chisinau, 2013, p.71.
20
Labor Force Migra on. – Chisinau, 2009, NBS, p.6-7.h p://www.sta s ca.md/public/files/publica i_electronice/migra a/Migra a_FM.pdf
14
REPUBLIC OF MOLDOVA
largest communi es of Moldovan Diaspora reveal that 21.8%21 of the migrants from the Russian
Federa on, 19.0% of those from Great Britain, 17.5% of those from Italy, 15.1% from France and
22
14.9% from Portugal have made up their minds to never come back to live in Moldova.
The surveys' data show that both in the Russian Federa on and in the CIS coun es, as well as in
the European countries, the educa on and qualifica ons held by the Moldovan migrants before
migra on are not demanded. Over 50% of the migrants who have had work experience before leaving
to the Russian Federa on23 and over 60% of those who have le for Italy, Portugal, France, and Great
Britain work in different ac vi es in the countries of des na on for which there are no legal
requirements related to educa on and qualifica on.24
IMMIGRATION
In 2006-2009 the annual number of repatriated people25 has increased from 1491 to 2152 persons
and decreased down to 1488 persons in 2012.26 In 2013 an increase was registered for the number of
repatriated people – 1585 persons (Figure 3). The share of children among the repatriated people in
2006-2007 accounted for 10%, while in 2013 it decreased down to 3,5%.27
An important element of migra on management is the efficient readmission system. The
readmission of Moldovan ci zens from the EU countries is performed in line with the provisions set
forth in the Agreement signed between the European Community and the RM regarding the
readmission of the illegally staying persons, and other readmission agreements concluded with the
countries of des na on of Moldovan migrants, which contribute to the efficient ac vi es in the
respec ve area.28 The RM registers a posi ve dynamics regarding readmission. In 2010, a number of
110 persons were readmi ed in Moldova, in 2011 - 126 persons, in 2012 - 54 persons and in 2013 – 88
persons, the majority being from France, Germany, Hungary, Spain and Austria.29
The total number of immigrants in the RM in the period of 1993-2013 accounted for 40973
persons. This number has increased over the last years, the annual number exceeding 2000 persons in
2007 and 3 000 persons in 2012. In 2013 the number of immigrants accounted for 3357 persons
(Figure 4). The largest group of the total number of emigrants is registered for the persons origina ng
from the CIS countries (Ukraine, Russia, Armenia, Azerbaijan, and Belarus). The representa ves of the
countries from Asia and the third world (Syria, Jordan, Sudan, a significant share is registered by the
immigrants from Turkey and Israel) are on the second place, and the European countries are on the
third place (Romania, Bulgaria, Germany, Italy).
21
Mukomel V., Cheianu-Andrei D. Moldovans in the Russian Federa on: socio-economic profile and policy challenges. IOM, Chisinau, 2013,
p.97-101. h p://www.iom.md/a achments/110_rfinaleng.pdf;
22
Cheianu-Andrei D. Mapping of the Moldova Diaspora in Italy, Portugal, France and the United Kingdom. IOM, Chisinau, 2013, p. 38-40.
h p://www.iom.md/a achments/110_rapor inaleng.pdf
23
Mukomel V., Cheianu-Andrei D. Moldovans in the Russian Federa on: socio-economic profile and policy challenges. IOM, Chisinau,
2013, p.53-55.
24
Cheianu-Andrei D. Mapping of the Moldova Diaspora in Italy, Portugal, France and the United Kingdom. IOM, Chisinau, 2013, p.29-31.
25
In line with the Law No. 2000 of July 16, 2010 on foreigners' regime in the Republic of Moldova, repatria on is the voluntary return of
the persons who were born in the Republic of Moldova and their descendants.
26
Extended Migra on Profile of the Republic of Moldova 2007-2012. – МIA, BMA, 2013, p. 25.
27
For 2013 the data were provided by the BMA.
28
Agreement between the European Community and the Republic of Moldova regarding the readmission of the illegally staying persons
and the Agreement between the Republic of Moldova and European Community regarding the facilita on of visa issuance have
entered into force in 2008. The provisions of the Agreement on readmission for the third country na onal entered into force in 2010.
29
BMA data.
15
Figure 3. Number of repatriated persons, 2006-2013

2500
2152
2023
2000 1763 1679 1730
1585
1491 1488
persons
1500
1000
500
0
2006
2007 2008 2009 2010 2011 2012 2013
Source: Bureau of Migra on and Asylum.
The widest flows of immigrants according to their country of origin are coming from Ukraine
(7655 persons during the analyzed period of me), Turkey (4473 persons), Russia (4919 persons),
Romania (3864 persons), Syria (3036 persons), Israel (2860 persons) and USA (1522 persons).
The analysis of the immigra on flows according to the reason of entry (work, studies, family
reintegra on, etc.) reveals an increased flow of immigrants coming to work by 12.7 mes – from 84
persons in 1993 to 1067 persons in 2013 and immigra on stability for family reintegra on – 1084
persons in 1993 and 1075 persons in 2013, as well as for studies – 637 persons in 1993 and 708 persons
in 2013. The immigrants' flows for work are dominated by the persons coming from Turkey, Romania,
USA, Ukraine, Italy; for studies – from Israel, Ukraine, Syria, Turkey, Jordan; and for family
reintegra on – Ukraine, Russia, Turkey, Romania, Syria.
Figure 4. Number of immigrants in the Republic of Moldova, 2000-2013
4000
3500 3357
3116
3000 2749 2719
2512
2500
persons
2056 1968 2070 2010

2000 1620 1706
1500 1321 1293 1297
1000
500
0
0 1 2 3 4 5 6 7 2008 2009 2010 2011 2012 2013
200 200 200 200 200 200 200 200
Source: National Bureau of Statistics, Bureau of Migration and Asylum.
By the end of 2012, the total number of foreigners (including the stateless persons) staying on the
territory of the RM accounted for 20 191 persons, represen ng 0,6% of the total number of
16
REPUBLIC OF MOLDOVA
popula on. The analysis of foreigners according to their country of origin, reveals the following
structure in 2012: 35.5% from Ukraine, 23.5% from the Russian Federa on, 7.7% from Israel, 4.3%
from Romania, 4.0% from Turkey, 1.6% from Italy, 1.5% from Belarus etc. A significant share among
foreigners is held by the stateless persons and the persons with undetermined ci zenship – 7.9%.30
In rela on to forced immigra on, it should be noted that in 2013, RM registered about 83 persons
benefi ng from humanitarian protec on, 78 refugees, and 87 asylum seekers, origina ng from
Armenia, Ukraine, Russia, Kazakhstan, Iraq, Shri Lanka, and Pales ne. Significant gender differences
are noted among the asylum seekers, the majority of applica ons coming from men, while women
represent less than 1/3.
In 2014 the number of persons who have emigrated forcedly from Ukraine to RM has increased.
Hence, in the period of January 01 – November 01, 2014 a number of 106 asylum applica ons were
lodged from Ukrainian ci zens. The data system from the BMA has registered 87 asylum seekers from
Ukraine, 3 persons received humanitarian protec on, one person was refused, and 17 persons gave
up the asylum procedure.
It may be concluded that on one hand, the RM is characterized by decrease of migra on flows for
permanent residence and those for involuntary migra on. On the other hand, labor migra on is the
most wide-spread form of emigra on in the RM, but the number of immigrants has increased over the
last years. The analysis of immigra on flows towards RM reveals a 12 mes increase in the number of
immigrant workers over the period of 1993-2013 and some stability in rela on to migra on for family
reunifica on or studies. And last but not least, it may be noted that in 2014 forced migra on has
increased from Ukraine, as a result of the military conflict in this country.
2.2. MOBILITY AT THE BORDERS
Country borders
Being located in the south-eastern part of Europe, the RM is neighboring two countries – Romania
at the West and Ukraine at the North, East, and South. All the commercial routes to the East pass
through Ukraine, and to the West – through Romania. The total length of the state border of RM is
1906 km. The terrestrial sector of the border has a length of 955 km, and aqua c sector – 951 km.
The state border between the RM and Ukraine starts on the River Prut (at the north), where the
state borders of the RM, Romania and Ukraine meet and ends at another trilateral crossing point on
the northern part of the Danube River. The state border between the RM and Ukraine has a length of
1222 km, of which 955 km land-based border and 267 km – water-based border (on the Rivers Prut,
Nistru, and Danube). The Moldovan-Ukrainian Border is divided into three sectors: northern with a
length of 297,3 km, eastern (or central) - 453,4 km and southern - 471,3 km.31 The central segment of
the border with Ukraine is under the control of the uncons tu onal authori es of the self-proclaimed
Moldovan Transnistrian Republic.
The state border of the RM with Romania follows the natural border along the River Prut, with a
length of 684 km and represents the common border with EU and NATO.
A er obtaining the independence, the RM has ini ated the process of delimi ng and demarking
the state border with the neighboring countries. Hence, the border with Ukraine was established
30
Extended Migra on Profile of the Republic of Moldova 2007-2012. – MIA, BMA, 2013, p. 30.
31
The Border Police of the RM. About the state border. h p://border.gov.md/links/despre_fron era_de_stat.php. Accessed in
September 2014
17
based on the principle of “maintaining the status quo". The both countries agreed to take as basis for
delimita on the administra ve border from 1990 within the Soviet Union. The nego a ons for
delimi ng the state border started in 1995. As a result of this process, the two countries have signed a
set of agreements:32
- The treaty regarding the state border between the RM and Ukraine (signed on 18.08.1999),
containing 2 annexes, including the catalogue of maps for delimi ng and describing the border
line.
- The addi onal protocol to the Treaty on the State Border regarding the transfer of the property
right for 7,7 km of the road transi ng the territory of the RM, near the Palanca village, Ukraine
(signed on 18.08.1999).
- The intergovernmental agreement regarding the regime for using the road sector Odesa-Reni,
transi ng the territory of the RM nearby the Palanca village (signed on 10.07.2001).
In line with the Border Treaty and based on the results of the demarca on process, the two par es
will conclude a Treaty on Border Regime. The process of border demarca on, meaning the
transposi on of the delimita on line in the field, started at the end of 2002. For the given purpose,
there was created the mixed Commission for state border demarca on between the RM and Ukraine.
The process is s ll going on as the state border demarca on works have been finished at a share of
99%. The documents for state border demarca on are being finalized and the dra Treaty between the
RM and Ukraine regarding the border regime, coopera on and mutual assistance in border ma ers
was finished and is being enforced by the relevant na onal authori es of Moldova and Ukraine.
The most sensi ve aspect regarding the state border of the RM remains to be the demarca on of
the central sector of the state border, controlled by the separa st uncons tu onal authori es from
the Transnistrian region. Special legal situa on was created in the central sector of the Moldovan-
Ukrainian state border. Hence, the cons tu onal authori es of the RM have no access to this sector,
as a result of delayed the process of solving the Transnistrian conflict.
To se le this problem, the par es have agreed to simplify the aspect of the border signs and the
demarca on procedure. This implies the use of intermediary border signs, which represent just a
pylon installed directly on the border line. This was a poli cal decision taken in 2009, in a wider context
of normalizing the rela ons between RM and Ukraine.
As for the establishment of the Moldovan-Romanian border, the RM is the successor of the
former USSR border with Romania, hence it was not necessary to delimit and demark it. Moreover,
none of the par es contested the border line. Thus, diploma c and poli cal efforts were undertaken
to subs tute the exis ng agreement regarding the border regime between the former USSR and
Romania, signed in 196133 by a new border treaty which would correspond to the new reali es. These
efforts have resulted with signature of the Treaty on state border regime, collabora on and mutual
assistance in border ma ers, in November 2010, and its ra fica on by the RM Parliament in July 2013.
The treaty follows the internal procedures from Romania.34
Other bilateral agreements signed between the RM and Romania related to the common border
are the following: a special agreement, signed between the former USSR and Romania regula ng the
joint construc on and opera on of the Hydroelectric Power Plant Costeș -S nca-Costeș on the
32
Border Police. Interna onal Trea es. h p://border.gov.md/links/tratate_interna onale.php.
Accessed in September 2014.
33
Ibidem
Law No. 160 of 28.06.2013 for ra fying the Treaty between the RM and Romani regarding the state border regime, collabora on and
34
mutual assistance in border ma ers.
18
REPUBLIC OF MOLDOVA
River Prut; and a bilateral agreement signed in August 2003, regula ng the joint exploita on of the
River Prut waters and fishing.
Mobility of persons over the state border

The persons' mobility over the border of the RM is characterized, in general, by a slight increase as
compared to the previous years, and this is due to the following: liberalized visa regime with countries
from the CIS and Caucasus (Georgia), and more recently, with the EU and Schengen countries, some
countries from the Western Balkans (Montenegro), South America (Ecuador and Peru) and Middle
East (Turkey, Israel), South-Eastern Asia (Malaysia), South Africa (Tunisia, Namibia) and several isle-
states with touris c des na on; considerable number of Moldovan migrant workers who circulate
regularly, especially in the CIS, but also in the EU states; and diversifica on of the des na ons of
passenger transporta on routes and increase in number of cheap routes/flights. Currently, the RM
benefits from visa-free regime with 69 countries.35
Thus, the total number of persons' border crossings has increased in 2013 by 4% as compared to
2011, accoun ng for 15,52 million. The largest share of border crossings is, tradi onally, more
characteris c for the Moldovan-Ukrainian border, accoun ng for 63% (9,70 million), due to the fact
that more than 50% of the Moldovan migrant workers circulate regularly to the Russian Federa on
and Ukraine. The share of border crossings at the Moldovan-Romanian border accounts for 29% (4,43
million), and at the air border - 9% (1,39 million). The share of border crossings by Moldovan ci zens
(69%; 10,78 million), is considerably higher than the flow of foreign ci zens who cross the border
(31%; 4,74 million).36
At the same me, the total number of persons' border crossings during the first semester of 2014
(6,71 million persons) decreased by 7% as compared to the first half of 2013. This decrease was due to
the sharp decrease by 18% of the persons' flow over the Moldovan-Ukrainian border (3,42 million),
the reason being the social-poli cal tensions and the separa st conflict in Ukraine, as well as the
restric ons associated with the migra on policy of the Russian Federa on, which entered into force
on January 01, 2014. At the same me, the flow of persons registered at the Moldovan-Romanian
border has increased by 8% (2,08 million), and by 30% - the flow of persons registered at the air border
(0,763 million), which is due to the liberaliza on of the visa regime with the EU/Schengen countries
for the Moldovan ci zens holding biometrical passports.37
It is also important to men on that during 2009–2013 there was noted a considerable decrease,
by almost 76%, of the share of cases of the state border illegal crossings detected by the BP of
Moldova, and in 2013 – by almost 56% as compared to 2012. At the same me, the total number of
illegal border crossings, including the reported ones or those alleged by the border authori es of the
neighboring countries, is much higher than the number of illegal crossings detected by the Moldovan
border authority. The majority of persons retained for illegal border crossing are ci zens of Asian and
African countries, such as Afghanistan, Bangladesh, Ghana, Congo, and more recently from the
Russian Federa on and Georgia etc.
The a empts of illegal state border crossing and the viola on of the rules for entering/exi ng the
35
List of states in which the RM ci zens, holders of biometrical or non-biometrical passports, may travel without visa, updated as of
19.08.2014. h p://www.mfa.gov.md/visa-free-regime-ro/-. Accessed in November 2014.
36
Border Police. Annual Report for January – December 2013 regarding the opera onal ac vity of the Border Police – MIA, BPD, 2014.
h p://border.gov.md/images/docs/raport_anual_risk_analysis_2013_RO.pdf
37
Border Police. Half-year Report for January - June 2014 regarding the opera onal ac vity of the Border Police – MIA, BPD, 2014.
h p://border.gov.md/images/docs/2014/Sinteza_SEM_1-2014_Risk_Analysis_report.pdf
19
country determine the refusal of the border authori es to allow the border crossing. Hence, the
number of cases of unauthorized state border crossings in 2013 decreased by 29% as compared to
2011, thus proving the be er informa on and awareness among the popula on of the entry/exit
rules in/from the RM. Nevertheless, the highest share of unauthorized state border crossings in 2013
was registered in the Moldovan-Ukrainian segment of the border (73% of the total). At the same me,
the number of a empts of illegal border crossings, using false and counterfeit documents has
increased by 11% in 2013 as compared to 2011.
The total number of crossings made by Moldovan ci zens exi ng the territory of the country
(5,455 million) is significantly higher than the total number of crossings made by foreigner entering
the RM (2,362 million) in 2013, maintaining the trend from 2012. Thus, in 2012, as well, the total
number of crossings made by Moldovan ci zens exi ng the country (5,310 million) exceeded the
number of crossings made by foreigners entering the country (2,272 million).
Figure 5. Number of crossings made by Moldovan ci zens
exi ng the RM and total number of crossings made by foreigners entering the RM
in 2013 (million crossings)
Foreigners;
2, 362
Moldovan
ci zens; 5, 455
Source: Border Police

This indicates the increased mobility of the Moldovan ci zens as compared to foreign ci zens,
due to the circular migra on of Moldovan ci zens, significant facilita on of the visa regime with EU
in this period and the visa free regime with the countries from the post-soviet space.
Figure 6. Number of crossings made by foreigners entering the RM in 2013 (million)
0,023
0,029 Ucraine
0,058
0,181 Romania
0,332 Russia
1,161
Bulgaria
0,576 Italy
Germany
Other states
Source: Border Police
20
REPUBLIC OF MOLDOVA
It is important to men on that these sta s cal data do not cover the largest central sector, which
represents one third of the Moldovan-Ukrainian border.
Small border traffic and simplified border crossing regime

The small border traffic regimes established by EU with the non-member neighboring countries
represent an excep on from the Schengen rules, and aim to develop the trade, cultural rela ons, and
social contacts in these countries' border regions. Thus, an Agreement was signed in November 2009
between the RM Government and the Romanian Government regarding the small border traffic, and
it entered into force on February 26, 2010. The respec ve agreement covers more than one third of
the RM territory, including 741 locali es from Moldova's border zone in 19 rayons and Gagauzia
Autonomous Territorial Unit; and 874 locali es from 6 coun es from Romania. Moreover, the
agreement is applicable to a number of over 1 million 200 thousand persons living within a distance of
30 km and in the region par ally covered in the area of 30 km and par ally in the area of 30 – 50 km
from the border with Romania.38 As a result, in 2013 there were registered 23834 crossings of the
Moldavian-Romanian border, and in 2014 - 17949 crossings based on the small border traffic
permits.39 It is important to men on that a er the liberaliza on of the visa regime with the
EU/Schengen countries, there was registered a significant decrease of the number of persons using
the small border traffic permits to cross the border, a drop from 8009 persons in the II quarter of 2013
down to 10 persons in the II quarter of 2014.
The mobility facilita on at the Moldovan-Ukrainian border for the persons living in the border
zone of Moldova and Ukraine is provided based on the Agreement signed between the Government
of the RM and that of Ukraine regarding the border crossing points at the Moldovan-Ukrainian border
and the simplified regime for the inhabitants from the border rayons, signed on March 11, 1997. It
allows crossing the Moldovan-Ukrainian border through the BCP indicated in the agreement with
simplified regime for inhabitants (only based o IDs) from 16 Moldovan rayons and 19 Ukrainian
rayons/towns located near the border.40
Border crossing infrastructure

The number, type and loca on of the state border crossing points (BCP) are set forth in the
intergovernmental agreements signed by the RM with Ukraine and Romania. Thus, there were
established 81 border crossing points (BCP) of which 56 are road BCP, 12 railway BCP, 8 river BCP, 4 air
BCP, and 1 pedestrian BCP.
Depending on the established crossing regime, the BCP are divided in interna onal, interstate and
local BCPs. In par cular, in line with the Agreement between the Government of the Republic of
Moldova and the Government of Romania regarding the BCP between Romania and RM41, there were
38
Agreement between the Government of the Republic of Moldova and the Government of Romania regarding the small border traffic
signed on November 13, 2009 and enforced on February 26, 2010.
39
Informa on provided by the Border Police Department of the Ministry of Internal Affairs of the Republic of Moldova, upon the request
of IOM experts. – September 2014.
40
Соглашение между Правительством Республики Молдова и Правительством Украины о пунктах пропуска через молдавско-
украинскую государственную границу и упрощенном пропуске граждан, проживающих в приграничных районах (с учетом
положений Протокола между Правительством Республики Молдова и Кабинетом Министров Украины о внесение изменений
и дополнений в Соглашение между Правительством Республики Молдова и Правительством Украины о пунктах пропуска
через молдавско-украинскую государственную границу и упрощенном пропуске граждан, проживающих в приграничных
районах, от 29 мая 2006 года).
41
Agreement between the Romania and the Republic of Moldova Governments regarding the state border crossing points between
Romania and the Republic of Moldova was signed on November 13, 2009.
21
established 9 BCP for interna onal traffic (6 road and 3 railway ones), which operate in a regime of
24/7 hours, except for two BCP42. Based on the Agreement signed between the Government of the RM
and the Government of Ukraine regarding the state Moldovan-Ukrainian border crossing points and
the facilita on of state border crossing for the ci zens living in the border rayons, and the Protocol for
amending and comple ng the respec ve agreement,43 there were established 67 BCP, of which: 26
interna onal, 13 interstate, and 29 local ones (50 road, 9 railway, 8 river, and 1 pedestrian).
It is important to note that 25 BCP of those men oned are located on the central segment of the
Moldovan-Ukrainian border (Transnistrian sector), and, thus, are not controlled by the RM
authori es. Two railway and 3 road BCP out of the 25 men oned above are opened for interna onal
traffic and located on interna onal transport corridors crossing the RM. Hence, the RM border
services do not have physical access to this segment of the state border.
Other 5 BCP opened for interna onal traffic were established via a Government Decision for:
1. Interna onal Airport Chisinau (air),
2. Interna onal Airport Marcules (air),
3. Interna onal Airport Bal (air),
4. Interna onal Airport Cahul (air),
5. Giurgiules Port (river).
Although the border control infrastructure has improved significantly over the last years, its
condi on, including the endowment with all necessary equipment, is not sa sfactory, and does not
comply with the European standards. The condi ons of the BCP premises are mainly unsa sfactory
and need capital repairing works.
Cross-border transport communica ons

The geographical loca on of Moldova represents an advantage for transport development,
because the transit routes crossing the country are used for commercial exchange between the East
and the West. The main transport types in the RM are the railroads (1.087,7 km) and the public roads
(10.544 km).44 The transport infrastructure of the country is propor onal as surface to the popula on
number, including a main interna onal airport and a main interna onal mari me port. Although
Moldova has no exit to the sea, the Giurgiules Port on the Danube ensures the possibility for
mari me transport development.
Road transport
Moldova has no motorway tolls. The total length of the roads accounts for 10.544 km, of which a
segment of 1185 km is under the control of the self-proclaimed public administra on authority from
Tiraspol. The number of passengers who used the road transport in 2013 accounted for 114, 6 million.
This is the most preferred way of Moldovans and foreigners to cross the territory of the country, as
42
BCP Lipcani – Rădăuți Prut works only during day- me (8.00 – 20.00 o'clock), and the ac vity of the BCP Cantemir – Fălciu was
temporarily suspended, it is opened only upon request.
43
Agreement between the Ukrainian and the Republic of Moldova Governments regarding the state Moldovan-Ukrainian border
crossing points and facilita on of the state border crossing for the ci zens living in the border rayons, signed on March 11, 1997. A
protocol between the Government of the Republic of Moldova and the Ukrainian Cabinet of Ministries regarding the amending and
comple ng of the Agreement between the Governments of Ukraine and Republic of Moldova regarding the state Moldovan-
Ukrainian border crossing points and facilita on of the state border crossing for the ci zens living in the border rayons, of March 11,
1997, was signed on May 29, 2006.
44
Informa on provided by the Ministry of Transport and Road Infrastructure of the Republic of Moldova.
22
REPUBLIC OF MOLDOVA
well as to cross the state border. Hence, the biggest number of BCP are road ones. They need a wider
concentra on of forces and resources for preven ng and comba ng irregular migra on, which occurs
by using this type of transport.
Railway transport
The railway transport of passengers is more reduced as compared to road transport. The small
variety of des na ons, costs, speed, and comfort are the weak points of the railway transport, hence
it loses the compe on with the road transport, which provides a wide variety of regular routes for
buses and minibuses. Thus, about 13.000 passengers daily use the railway transport services,
registering a decrease in 2013 (3,76 million passengers) by 6.2% as compared to 2012 (4,01 million
passengers).45
The total length of the railways accounts for 1.767,1 km, of which 43 km of railway lines have
standard gauge (1.435 mm) and 1724,1 km of railway lines have wide gauge (1.520 mm). The density
of the railway network is 32 km/1000 m2. The main railway nodes are Chisinau, Ungheni, Ocnita, Bal ,
and Basarabeasca. The most important railway lines are Razdel'naia (Ukraine) – Tighina - Chisinau –
Ungheni – Iasi (Romania), part of the Corridor IX of the Pan-European Transport Network connec ng
the Eastern Europe and the Balkans, and Cahul – Giurgiules – Gala (Romania), connec ng the RM
with EU; Ungheni – Bal – Ocnita – Lipcani – Chernivtsi (Ukraine); Tighina – Basarabeasca – Reni
(Ukraine), connec ng Moldova with the ex-soviet countries' space. The development of the railway
transport networks towards the East of the country favors the use of this transporta on means for
migra on and cross-border crime.
Air transport
The demand for the air transport has increased over the last decade, the number of passengers
has increased from 220.000 persons in 2000 to 655.000 persons in 2013. In 2011 the Interna onal
Airport Chisinau registered the record figure of 1.046.086 passengers.46 The Interna onal Airport
Chisinau is the main airport of the country, due to its loca on in the capital suburb and, implicitly, in
the central region of the country, as well as due to the fact that it is the only airport offering
interna onal commercial passenger flights. The Chisinau Airport operates regular interna onal flights
to 31 des na ons.
As well, there are four airports which could operate regular flights, but they need investments in
infrastructure. The airport from Cahul is in process of being cer fied and only airports from Marcules
and Bal are opera onal, but they are used only for irregular flights and occasional cargo flights. The
airport from Cahul will be opera onal for interna onal flights as soon as the cer fica on process
comes to an end. The airport from Tiraspol is not under the administra ve control of the RM
authori es.
The diversifica on of the number of air flights and liberaliza on of the prices for travel ckets are
among the factors which have caused the increase of persons' flow at the RM air border. At the same
me, this fact generates risks for irregular migra on and related offences. Hence, the majority of cases
of trafficking in human beings are detected on this segment of the border.47
45
Ibidem
46
Government Decision for approving the Transport and Logis cs Strategy for 2013-2022.
47
According to the informa on provided by the General Division of Risk Analysis under the Border Police Department, 5 of the 7 cases of
THB detected by the BP in 2013 occurred on the air border.
23
Water transport
RM has two waterways of interna onal importance – river Nistru and river Prut. The Nistru River is
navigable on a distance of 228 km from the Belgorod-Dnestrovsk Port (Ukraine) to the Bender Port,
the Prut River is navigable on a distance of 407 km, from the mouth of the river in Ungheni town. RM
has, as well, a sector on the Danube border, with a length of 430 m, providing indirect access to the
Black Sea and, subsequently, the status of a mari me country.
In the '90s, the water transport has suffered difficult mes in the RM. A big part of the river fleet
was sold or used as old metal. As a result of the military conflict provoked by the Transnistrian
separa sts, a big part of the transport infrastructure on the River Nistru was destroyed.
Currently, the Moldovan authori es undertake efforts to create condi ons for re-launching and
developing the river transport. Huge investments are necessary to change the fleet and to modernize
the ports. There are five ports in the RM: Giurgiules Port located on the Danube River, which include
two parts: a passenger terminal and a cargo terminal managed by the state, and provides an
interna onal route for passenger transporta on to Turkey (Istanbul); and the Interna onal Free Port
of Giurgiules (including an oil terminal), with the status of free economic zone un l 2030; the
Ungheni Port – located on the River Prut; and the River Port Bender, the River Port Ribnita and the
Cargo Port Varnita, located on the River Nistru.48
In 2013, the river transport companies have transported 162.600 tons of goods and 116.000
passengers, which is an increase as compared to 2012 (144.200 tons of goods and 115.700
passengers). The increase in number of the persons using this type of transport indicated the need to
assess the risks for irregular migra on and cross-border crime.
Cross-border coopera on
The Euroregions represent a form for ins tu onalizing the cross-border coopera on. They are
transna onal coopera on structures covering the regions and communi es located on both sides of
the state border. They aim to develop the economic and commercial rela ons between the border
regions, to promote cultural and educa onal exchange, to intensify the contacts between the
persons, the coopera on in developing the cross-border infrastructure of communica on and
transport, including for facilita ng the border crossing, etc. In EU context, the Euroregions are
considered to be a coopera on exercise preceding the EU joining.
In the context of building rela ons between the RM and the neighboring countries, the areas near
49
the Moldovan borders are part of a number of Euroregions. The unity of language and culture, and
the common historical inheritance in the border regions from Moldova, Romania, and Ukraine have
favored the trilateral cross-border coopera on between them.50 The local public authori es from the
RM par cipate in 2 Euroregions established jointly with Romania and Ukraine and in other 2, of which
one was established together with Romania and the other one – together with Ukraine.
Hence, the local administra ons from Romania (Botosani and Suceava coun es), Ukraine
(Cernau and Ivano-Frankivsk regions) and RM (Bal municipality and Briceni, Edinet, Fales ,
Glodeni, Ocnita, Riscani, and Singerei rayons) par cipate in the Euroregion "Upper Prut", established
51
in September 2000.
48
Government Decision to approve the Transport and Logis cs Strategy for 2013-2022.; Water Transport of the Republic of Moldova,
h p://www.m d.gov.md. Accessed in September 2014
49
Roșcovan Mihai. Cross-border coopera on of the RM with Romania and Ukraine. – IPP, Chisinau, 2004
50
As basis for the trilateral cross-border coopera on was the signature by the presidents of the RM, Romania and Ukraine, during the
summit from Ismail on July 3-4, 1997, of the “Declara on for cross-border coopera on” and at the government level - the Protocol for
Trilateral Collabora on among this thee countries.
24
REPUBLIC OF MOLDOVA
The Euroregion "Lower Danube" was established in August 1998 with the par cipa on of the
local administra ons from Braila, Gala , Tulcea coun es from Romania, Cahul and Cantemir rayons
from RM, as well as the Odessa region and Reni rayon from Ukraine.52 The development of this region
was favored by the small size and the geographic loca on of the RM, as well as due to the already
exis ng infrastructure in Giurgiules (Moldova). This would be the band of 2 km between the south-
east of Ukraine (Odessa, Ismail, Reni, etc., with a popula on of about 1 million persons) and the
locali es from Gala county (with a popula on of over 2 million persons). Road and railway BCP are
placed along these 2 km of territory between Moldova and both neighboring countries, and the
Interna onal Port "Giurgiules ".
Many of the RM rayons (26 out of 34 rayons), except for the autonomous region of Gagauzia and
the separa st region of Transnistria, and 3 border coun es from Romania (Iasi, Prahova and Vaslui)
par cipate in the Euroregion “Siret – Prut - Nistru”, established in September 2002.53
The regional authori es of Varnita region from Ukraine and of 7 rayons from RM (Donduseni,
Dubasari, Ocnita, Rezina, Soroca, Flores , and Soldanes ) have established in 2012 the Euroregion
"Nistru".54 The local administra on from Transnistria was also invited to par cipate in this euroregion,
but it refused because of the opposi on from the separa st poli cal authori es from Tiraspol.
The projects carried out jointly by RM, Romania and Ukraine within the Euroregions provide
opportuni es of cross-border coopera on, including the infrastructure development for facilita ng
the border crossing, de transport and communica on, facilita on of preven ng and comba ng
irregular migra on and cross-border crime. All of them have a posi ve social-economic impact over
the border regions, and implicitly, promote the legal cross-border mobility.
As a conclusion, it is important to note that the crossing of the borders by Moldovan ci zens is
mo vated, most of the mes, by economic migra on, cultural exchange, and educa onal reasons.
Although the number of border crossings is, tradi onally, higher at the Moldovan-Ukrainian border,
due to the massive labor migra on of Moldovans to the Russian Federa on, the volume of persons'
flow over the Moldovan-Romanian border has also increased significantly over the last years. This may
be explained by the common history, culture, and language of the popula on living in RM and
Romania, and subsequently, by the recovery at the beginning of the 1990s of the family links between
the genera ons born before 1940-1944, determining the fact that an important number of
Moldovans have se led down in Romania. Mobility for study reasons has increased as well, due to the
big number of scholarships offered to Moldova by Romania (5500 scholarships in 2013).55 It is
important to note as well the fact that Romania is one of the most important commercial partners of
the RM in EU. The proximity of the Free Economic Zone Gala -Giurgiules -Reni favors the small
border traffic and trade.
The economic migra on provides opportuni es for business development, supply of transport /
transit services, cross-border trade, and labor force migra on to EU member states and over the
Atlan c Ocean, using Romania as a transit country. Facilita on and, subsequently, liberaliza on of the
visa regime with the EU/Schengen countries is another factor which fostered the mobility at the
common border with EU, for business or tourist trips to EU countries.
51
County Council Botosani. Partnerships. Euroregion “Upper Prut”. h p://www.cjbotosani.ro/portal/portal.html?pid=173. Accessed in
October 2014.
52
Associa on of Cross-border Coopera on, Euroregion Lower Danube. Presenta on. h p://www.actedj.ro/prezentare. Accessed in
October 2014.
53
Euroregion Siret-Prut-Nistru. About us. h p://www.euroregiune.org/aespn/despre-noi/. Accessed in October, 2014.
54
Euroregion „Dniestr”. About Euroregion „Dniestr”. h p://dniester.eu/en/479. Accessed in October 2014.
55
The Romanian Government provides 5500 scholarships for ci zens of the Republic of Moldova. www.infoprut.ro. Accessed in
September 2014.
25
III. ANALYSIS OF THE RELEVANT AREAS OF MIGRATION

POLICIES AND LEGAL FRAMEWORK
3.1. POLITICAL VISION
European integra on is the fundamental desideratum of the domes c and foreign policy of the
RM. There is a na onal consensus regarding the European vector, as well as will and commitments
assumed in reforming migra on policies.
RM signed the Partnership and Coopera on Agreement with the EU, which entered into force in
November 1998. This coopera on has intensified a er signing in 2005, within the EU Neighboring
Policy, the EU-RM Ac on Plan, based on which the RM commi ed itself to implement poli cal and
economic democra c reforms. In 2008, in the context of EU Global Approach to Migra on, there was
signed the Joint Declara on on Mobility Partnership with 15 EU states. The Mobility Partnership with
EU promotes the legal access to the labor force market of EU as an exchange for comba ng irregular
migra on and improving policies for migra on management and migrants' return.
On May 7, 2009 in Prague, the RM was invited to par cipate in the Eastern Partnership, a EU
ini a ve for poli cal associa on and deep economic integra on in EU. The desideratum of ge ng
aligned to EU was reconfirmed through the commitments of ins tu onal reform and policy
adjustment to the communitarian acquis by adop ng the EU-RM Ac on Plan on visa liberaliza on in
201156 and ini a on of the nego a ons for signing the Associa on Agreement with EU and crea ng
the Deep and Comprehensive Free Trade Area. As a result of the successful implementa on of the
Ac on Plan, the RM was transferred from the list of third countries whose na onals must be in
possession of visas when crossing the external borders of EU to the list of the countries whose
na onals are exempt from that requirement, by amending the Council Regula on (CE) No. 539/2001
of 15.03.2001.57 As a result, since April 28, 2014 the ci zens of the RM holding biometrical passports
may travel with no visas to the EU/Schengen countries.
The Associa on Agreement signed by the RM, on one hand, and the EU and the European Atomic
Energy Community and their member states, on the other hand, providing as well for the
establishment of the Deep and Comprehensive Free Trade Area, was signed on June 27, 2014 in
Brussels.58 The agreement was ra fied by the European Parliament, Romania, Estonia, Latvia,
Lithuania, Bulgaria, Malta, and Slovak Republic, and has to be s ll ra fied by all the remaining EU
countries. Since September 1, 2014 the Agreement entered into provisional enforcement.
In this respect, the RM Government envisages to accelerate the implementa on of the reforms
requested by the society, as well as by the interna onal community in the area of jus ce, human
rights, mass-media freedom, comba ng criminality, etc. The RM Government Ac vity Program
“European Integra on: Freedom, Democracy, Wellbeing” 2013-2014 of 24.06.2013 mainstreamed
different migra on aspects in the following strategic objec ves – European integra on and foreign
policy, building the rule of law, social policies, and youth and sport policies.
The area of European integra on and foreign policy has focused on adop ng and promo ng
56
Government Decision No.122 of 04.03.2011.
57
EU Regula on No. 259/2014 of the European Parliament and Council of April 3, 2014 for amending the Regula on (EC)
no. 539/2001 of the Council, lis ng the third countries whose na onals must be in possession of visas when crossing the
external borders and those whose na onals are exempt from that requirement.
58
RM Parliament, Law 112 of 02.07.2014 and RM President Decree No. 1237 of 08.07.2014.
26
REPUBLIC OF MOLDOVA
European values and standards, the ul mate goal being the integra on of the RM in EU, intensifica on
of interac on with diaspora, protec on of Moldovans' rights and interests when se ling down abroad.
The governing objec ves to build a rule of law focus on securing the state border by applying the
principle of integrated border management; intensifying the coopera on with the specialized
services of EU, Ukraine and Romania for a be er border security; comba ng irregular migra on,
trafficking in human beings, and other cross-border crime phenomena.
Based on the fact that labor migra on is the priority migra on form tackled in the social policy
objec ves, the Government aims to: (i) consolidate the na onal migra on management system ; (ii)
ensure the condi ons for legal migra on and improve the legal status of the migrant workers; (iii)
nego ate and conclude bilateral agreements in the area of social security with the main countries of
des na on of the RM migrant workers; (iv) facilitate the return of migrant workers and their
reintegra on on the labor force market of the RM; (v) recognize the qualifica ons obtained by the
migrant workers returned from abroad.
European integra on is supported especially by the right and center-right poli cal par es, while
the le and center-le par es promote Euro-Asia c integra on, focusing on the high number of
Moldovan migrant workers in the Russian Federa on. Although it is recognized that the RM is deeply
influenced by the remi ances sent by the migrant workers from abroad, migra on con nues to be
considered by the majority of right par es as a nega ve phenomenon determining the loss of human
capital, with mul ple economic and social consequences. Hence, all the poli cal par es promote the
conclusion of social security agreements with the countries of des na on of Moldovan migrants. As
currently the RM is not affected by a big number of immigrants, these concerns are missing on the
agenda of the poli cal par es, although all of them support the need to secure the state border.
Some experts have men oned that the lack of poli cal cohesion affects the ac ons ini ated by
the Government. Even though, some mes the primary interest is the same, the affilia on with a
certain party does not allow the persons to support the ideas coming into contradic on with the
party's strategic orienta ons.
3.2. MIGRATION CHALLENGES

The priority objec ves of the RM in migra on management area are:59
(i) Controlled migra on. The policies in this area cover 3 direc ons:
1. emigra on, which affects the demographic security of the country (constant decrease of the
number of ac ve popula on in parallel with popula on ageing), hence determining the need to
promote circular migra on model and to ensure the social security measures for migrant workers;
2. economic and social reintegra on of migrant workers, who returned from abroad, as well as the
informa on of the Moldovan migrant workers abroad about the return possibili es, the needs on the
labor market, etc.
3. immigra on - the common border with the EU countries make RM more a rac ve for
immigra on of foreign ci zens; in this area, Moldova would like to ensure a correla on of the
immigra on policies with the demographic and economic policies, so as to come to a balance
between the interests of the state, business environment, and migrants' individual interests.
(ii) Asylum. In this area, RM would like to delimit the cases of real protec on requests coming from
the persons who have entered the country from the cases when the foreign ci zens staying in the RM
59
Na onal Strategy on Migra on and Asylum (2011-2020) approved via the Government Decision No. 655 of 08.09.2011.
27
request this status groundlessly, based on the interna onal trea es to which the RM is a part and the
standards envisaged in the European direc ves.
(iii) Statelessness. The measures to be developed by the RM in this area refer to joining the
Conven on from 1954 rela ng to the status of stateless persons and the Conven on from 1961 on
reduc on of statelessness, as well as to defining the procedures for determining the statelessness,
and appoin ng the public authori es which will have the mandate to receive the applica ons and to
take the respec ve decisions.
(iv) Foreigners' integra on. The policies of foreigners' social integra on represent another
priority direc on assumed by the RM by developing a na onal legal framework for foreigners' social
integra on, suppor ng their ac ve par cipa on in the economic, social, and cultural life of the
country, respec ng the foreigners' right to their own cultural iden ty, as well as increasing the
awareness level about the importance and the need to support the process of foreigners' integra on.
(v) Comba ng illegal migra on and trafficking in human beings. The ac ons of comba ng illegal
migra on and trafficking in human beings remain to be a priority direc ons for the migra on policies
and envisage the improvement of the exis ng legal and ins tu onal frameworks, development of
interna onal collabora on mechanisms, improvement of modali es to monitor the irregular
migra on flows, and development of coopera on with the states with high migra on poten al, etc.
(vi) Migra on control. The policies related to migra on control tools cover 4 direc ons:
1.Visa policies, which should be in line with the communitarian standards for concluding and
issuing the visa, as well as ensuring the informa on management and the inter-agency
exchange of informa on;
2.Ensuring the informa on management and respec ng the standards for issuing and examining
the travel documents in line with the communitarian criteria;
3.Policies in the border management area;
4.Return and readmission policies aiming to make more efficient the return and readmission
mechanisms, promo on of voluntary return, and facilita on of foreigners' return in their
countries of origin based on the concluded agreements.
(vii) Informa on assistance. The policies in the area of informa on assistance aim to ensure
efficient mechanisms of inter-agency collabora on of all the structures involved in migra on and
asylum management based on the European standards for personal data protec on, as well as
consolida on of ins tu onal capaci es for collec ng, aggrega ng, systema zing, and using the data
for developing and monitoring the implementa on of policies in migra on area.
Migra on is a complex and mul dimensional phenomenon, and there is a number of challenges
in this area with which the RM has to cope: huge volume of migrant workers, loss of qualified human
capital, facilita ng the investment of remi ances into the economy of the RM, fostering the return of
migrant workers in the RM and their reintegra on in the society, increasing role of Moldovan Diaspora
for the development of the RM, children and elderly people le behind, comba ng irregular
migra on. To mi gate the nega ve consequences of migra on, the most important challenge is to
improve migra on management.
The economic growth and the trend to reduce poverty are closely correlated in the RM with the
general flow of remi ances and the consump on generated by them.60 As a result of increasing flows
60
Na onal Development Strategy „Moldova 2020”, Law No.166 of 11.07.2012.
28
REPUBLIC OF MOLDOVA
of migrants from the RM, the remi ances became an important factor in the country's economy and
GDP (in 2013, 25% of the GDP).61 According to the Households Budget Survey (HBS) data, the revenues
obtained from remi ances affect directly the wellbeing of the households in Moldova.62
The na onal public budget has benefited from remi ances as well, but the trade balance has
developed towards an alarming trade deficit. Respec vely, the Moldovan authori es have recognized
that the economic growth based on consump on and remi ances expose the economy of the country
to a number of vulnerabili es. In these condi ons, it is necessary to create work and living condi ons
in the RM for the migrant families to get reunited in Moldova, as well as condi ons for a rac ng
investors in the economic development of the country. Mainstreaming remi ances issues in the
migra on policies remains to be a challenge. The ac ons undertaken un l now to determine the
migrants to invest in business development (“PARE 1+1” Program) have led to the launch of small and
medium enterprises, but their number is lower in comparison with the business opened by Moldovan
migrants abroad, according to some experts.
The challenges for the governmental authori es are also important: coopera on with the
countries of des na ons of the migrant workers from RM, especially from the Eastern area; ensuring
social protec on for migrant workers, especially in the Russian Federa on; promo on of social
security agreements with the main countries of des na on of migrant workers (Russian Federa on,
Italy, France); conclusion and implementa on of circular migra on agreements.
The "window of labor migra on" for RM determines important impacts on individuals/
households. The addi onal incomes obtained due to migra on and remi ances reduce the level of
poverty in the households with migrants abroad. The conclusion of labor agreements with such
countries as Italy and Israel promotes circular migra on among the popula on. These effects of labor
migra on refer to accumula on of economic, social and cultural capital by the Moldovan migrants
staying abroad. At the same me, the experience proves that a small number of migrants and their
families invest remi ances in launching business in the RM. According to some opinion polls, only 5-
7% of the funds sent by the migrant workers are invested in business so as to generate new revenues
and to develop the economy of the country, the rest of remi ances is spent for consump on purposes.
The risks associated with labor migra on cannot be ignored either. One of the most important
risks is the phenomenon of professional qualifica ons loss. The qualifica ons acquired by the
migrants in their country of origin are not used abroad; they prove to have much higher qualifica ons
and skills than the ones demanded in the country of des na on. Another risk for the RM would be the
integra on of certain categories of qualified migrants (health workers, scien fic researchers etc.)
abroad and their family reunifica on abroad.
3.3. LEGAL FRAMEWORK

Over the last years, the RM adopted a set of conceptual documents and norma ve acts,
determining the migra on policy and migra on management.
The na onal legal framework in migra on area refers to a number of aspects: preven ng and
comba ng illegal migra on and trafficking in human beings, regula ng labor migra on, regula ng the
rights and interests of the refugees and migrants, control of migra on processes, coopera on with
diaspora, etc.
61
h p://www.worldbank.org/en/news/press-release/2014/10/06/remi ances-developing-countries-five-percent-conflict-related-
migra on-all- me-high-wb-report
62
h p://www.mec.gov.md/saracia-si-impactul-poli cilor/
29
Migra on and asylum

For the purpose of establishing a legal framework for the free circula on and immigra on of
foreigners on the territory of the RM, as well as for ensuring a full mechanism of documen ng the
foreigners in line with the communitarian legisla on, the RM adopted the Law No. 200 on Foreigners'
Regime in the Republic of Moldova (16.07.2010). Three one-stop shops were opened by the BMA in
Chisinau, Bal and Comrat based on the respec ve law. The new law clarified and simplified the
procedure for submi ng the documents for obtaining visas, residence permits and work permits in
the RM, and this is an important step forward for developing a system for migra on management.
The Parliament of the RM has approved the modifica on of the Law No. 200 of 16.07.2010 on
Foreigners' Regime, s pula ng the modality of visa issuance in excep onal situa ons at the state
border, validity condi ons for state border crossing documents, refusal to provide a visa, cancella on
and withdrawal of a visa in line with the Regula on No. 810/2009 of the European Parliament and
63
Council establishing a Community Code of Visas.
For the purpose of integra ng the foreigners, the RM has developed and approved the Law no.
274 on Foreigners' Integra on in the Republic of Moldova (12.11.2011) regula ng the process of
integra ng different categories of foreigners in the economic, social, and cultural life of the RM for
preven ng and comba ng social exclusion, adjus ng to the condi ons of the Moldovan society, and
obtaining the financial independency. As well, this law defines the competent authori es, the
integra on programs, the obliga ons of the foreigners benefi ng from integra on programs, the
situa ons when the costs of these programs are covered. The respec ve law represents an important
legisla ve achievement and a step forward for crea ng the mechanisms for foreigners' integra on in
the RM, involving the relevant local and central authori es.
The RM has a solid legal framework in the area of asylum, which is in line with the interna onal
standards (Law no. 270 on Asylum in the Republic of Moldova (18.12.2008), Na onal Strategy on
Migra on and Asylum (2011-2020) (08.09.2011), Na onal Plan of Ac ons for 2011-2015 for
implemen ng the Na onal Strategy on Migra on and Asylum), aimed to ensure a comprehensive
management of policies in these areas.
The Na onal Strategy on Migra on and Asylum (2011-2020) aims to develop some
interconnected policies in the following areas: legal migra on, asylum system, illegal migra on,
integrated border management, visa policy, observance of human rights and freedoms, fight against
the threats generated by migra on phenomenon, documents' security, and other. The strategy
recognizes the importance of migra on and asylum management for the economic and social
wellbeing of the country, and focuses on the need to correlate it with the economic, poli cal, and
social orienta on of the RM. This strategy was correlated with the Na onal Strategy for Demographic
Security, Labor Force Employment Strategy, and Na onal Development Strategy “Moldova 2020”.
The strategy reflects the efforts undertaken to align the na onal migra on policies to the EU
Global Approach to Migra on, covering all the three areas of this phenomenon: promo on of legal
migra on, comba ng irregular migra on, and encouraging migra on for the development of the
country. To monitor and evaluate the process of Strategy's implementa on, it was decided to use the
standardized indicators of the Extended Migra on Profile as a monitoring tool.
The Na onal Strategy on Migra on and Asylum sets forth objec ves to be achieved by 2020 and is
accompanied by a Na onal Ac on Plan for 2011-2015, which represents an important poli cal tool for
managing migra on flows.
63
h p://www.gov.md/public/files/ordinea_de_zi/04.09.2013/Intr02.pdf
30
REPUBLIC OF MOLDOVA
RM has a norma ve framework for protec ng the rights of the foreigners staying on the territory
of RM and those who will be removed from the territory of RM. According to the norma ve acts in
force, the refugees may be expelled from the territory of RM only when there are grounded reasons
that they represent a danger for the RM security or when they were condemned for serious, very
serious, and excep onally serious crimes.
Comba ng irregular migra on and trafficking in human beings (THB)

For the purpose of transferring the best European and interna onal prac ces in the area related
to comba ng irregular migra on and trafficking in human beings, Moldova joined a number of
interna onal regulatory instruments and transposed the provisions of the European legisla on in
this area.
Hence, the RM was the first country to ra fy and promote intensely the Council of Europe
Conven on on Ac on against Trafficking in Human Beings (signed on 16.05.2005 and enforced on
01.02.2008). Other important interna onal documents joined by Moldova are: UN Conven on
against Transna onal Organized Crime (15.11.2000) and its Addi onal Protocols to Prevent, Suppress
and Punish Trafficking in Persons and against the Smuggling of Migrants by Land, Sea and Air (signed in
2000 in Palermo); the Op onal Protocol to the Conven on on the Rights of the Child on the sale of
children, child pros tu on and child pornography (25.05.2010) etc.64
To transpose these documents into the na onal framework, there was developed the Law no. 241
to prevent and combat THB (20.10.2005), the Na onal Program for preven ng and comba ng
trafficking in persons for 2010-2011; the Specific Addi onal Plan for preven ng and comba ng
trafficking in persons for 2010-2011; the Na onal Strategy for preven ng and comba ng organized
crime for 2011-2016; the Ac on Plan for 2012-2013 to implement the Na onal Strategy for preven ng
and comba ng organized crime for 2011-2016; the Regula on regarding the repatria on procedure
for children and adults – vic ms of the THB, illegal trafficking of migrants and unaccompanied children
(07.08.2008); the Law No. 105 on protec on of witnesses and other par cipants in criminal
prosecu on (16.05.2008); Regula on on procedures for return, expulsion, and readmission of
foreigners on the territory of RM (07.07.2011); there were amended and adjusted a number of
norma ve acts, including the Criminal Code of RM No. 985 (18.04.2002), the Contraven on Code of
RM No. 218 (24.10.2008), the Law on Foreigners' Regime.
Hence, the Criminal Code of RM incriminates, prohibits, and sanc ons trafficking in persons (art.
165), trafficking in children (art. 206), including recrui ng, transpor ng, transferring, harboring and
receiving persons to be subject to any type of exploita on, as well as illegal removal of children from
the country (art. 207)65. As well, for the purpose of transposing the provisions of the EU Direc ve
2004/81/EC for issuing the residence permit for non-European na onals who are vic ms of THB or
subject of an ac on facilita ng illegal immigra on, the Law No. 200 on Foreigners' Regime of
16.07.2010 (art. 421) provides the THB vic ms the right to temporary residence66. It can be provided
for a period up to 6 months, with the possibility to be renewed if the person cooperates with the
competent authori es of the RM to iden fy and sanc on the perpetrators.
For the purpose of comba ng the THB, the Center for Comba ng Trafficking in Persons (CCTP)
64
ODIHR. Review of the legisla on comba ng trafficking in human beings of the Republic of Moldova, Warsaw, 2011.
65
Criminal Code of the RM No. 985 of 18.04.2002.
66
EU Direc ve 2004/81/EC for issuing the residence permit for non-European na onals who are vic ms of THB or subject of an ac on
facilita ng illegal immigra on and who cooperate with competent authori es.
31
was created in September 2005; it is a subdivision of the MIA and an opera ve body of criminal
inves ga on and prosecu on of THB and other related crimes67.
Also in 2005, the RM established the Na onal Commi ee for Comba ng Trafficking in Human
Beings (NCCTHB), which coordinates the ac vity of preven ng and comba ng THB, coopera on of the
public administra on authori es with interna onal organiza ons, nongovernmental organiza ons,
and other ins tu ons and representa ves of civil society. For the purpose of providing assistance to
68
THB vic ms and poten al vic ms, there was established the Na onal Referral System (NRS) ,
coordinated by the MLSPF. Two types of structures were created to coordinate all the an -traffic field
ac vi es and to ensure THB vic ms' protec on: (1) the territorial/municipal commissions for
comba ng trafficking in human beings (TC/MCTHB), which are responsible for coordina on of
ac vi es to prevent and combat THB at the local level and (2) rayon or local mul disciplinary teams –
which provide social protec on to vic ms and poten al vic ms of THB, domes c violence and other
categories of vic ms.
The problem of compensa ng the THB survivors is among the legisla ve gaps exis ng at the
current moment in the legisla on related to ensuring the rights of the THB vic ms. A recent study
carried out by IOM reveals that one in two vic ms in the THB cases and one in five vic ms in trafficking
69
in children cases have invoked material and moral prejudices . But the criminal inves ga on bodies
and the courts extremely seldom refer to the psychological-forensic exper se to set the severity of
moral damages suffered by the THB vic ms, especially the minors-vic ms.
As for irregular migra on, the Criminal Code of RM incriminates and sanc ons the crimes of
organizing illegal migra on (art. 3621) and illegal crossing of the state border (art. 362). At the same
me, the Contraven on Code (24.10.2008) sanc ons the illegal stay and work of foreigners and
stateless persons on the territory of the RM (art.332-334)70, as well as the viola on of the rules for
foreigners' transporta on (3321). The Law on Foreigners' Regime (ch. VII), the Criminal Code (art.105)
the Contraven on Code (art. 40) regulate the removal of foreigners who stay illegally on the territory
of the country.
According to the Regula on on procedures for foreigners' return, expulsion and readmission on
the territory of RM71, approved in line with the legisla on in force, the foreigners, stateless persons,
refugees, and asylum seekers are criminally or administra vely liable for viola on of legal provisions.
The readmi ed persons are monitored.
Before expulsion, the court may order for the foreigners illegally staying on the territory of RM to
be taken under public custody, being placed for a maximum term of 6 months in the Center for
Foreigners' Temporary Placement, managed by the BMA. The Center has 120 places, but its capacity
may be increased up to 200 persons.
The regula on of the Center transposes par ally the provisions of the Direc ve 2008/115/EC of the
European Parliament and of the Council of 16 December 2008 on common standards and procedures
in Member States for returning illegally staying third-country na onals72. The Center provides and
67
Center for Comba ng Trafficking in Persons. h p://www.apcmmd.md/en/page/centrul_pentru_combaterea_traficului_de_persoane.
Accessed in October 2014
68
Government Decision No. 257 of 05.12.2008 approving the Strategy of the Na onal Referral System and the Ac on Plan for
implemen ng the Strategy.
69
Analy cal Study on the inves ga on and trial of cases of trafficking in persons and related offences. – IOM, Chisinau, 2013, p.10.
70
Contraven on Code No. 218 of 24.10.2008
71
Government Decision No. 492 of 07.07.2011.
72
32
REPUBLIC OF MOLDOVA
ensures protec on for foreigners, support for full and effec ve observance of their rights, respec ul
and dignified treatment, accommoda on for the period set in the legisla on in force. This Center was
renovated and equipped by the IOM Mission in Moldova from the EU funds with the support of the
Governments of Finland, Italy, and Germany, and currently the costs for maintaining the center are
incurred by the state. IOM has provided, as well, support for training the employed personnel.
A gap in regula ng irregular migra on refers to lack of incrimina on in the na onal legisla on of
the a empt to cross the state border with a false iden ty. This offence is, tradi onally, perpetrated to
mislead the border police by using fraudulently travel documents and ID cards of other persons, as
well as by transmi ng such documents for their illegal use. The prac ces of other states (for instance
Romania) indicate example when the legisla on incriminates and sanc ons the false iden ty.73 To
prevent, combat, and sanc on these offences, this crime should be also introduced in the Criminal
Code of the RM.
Labor force migra on

The aspects related to labor migra on regula on are part of the Na onal Strategy on
Employment Policies for 2007-2015; Na onal Ac on Plan for Labor Force Employment, 2012, Law
No.180 on Labor Migra on (adopted on 10.07.2008 with its subsequent supplements). Hence, the
na onal legisla on tackles the condi ons for foreigners' immigra on in RM for work purposes, the
condi ons for temporary employment abroad of the RM ci zens, the authori es responsible for
supervision and control of legisla on observance, minimum clauses of the individual work contract,
as well as the minimum clauses of the collabora on agreement between the foreign mediator/
employer and the private employment agency placing RM ci zens on the foreign labor market.
To facilitate labor immigra on of investors, the RM cancelled the labor immigra on quotas (Law
No. 303 to amend and complete some legisla ve acts of 26.12.12) and introduced a number of
changes regarding:
- Facilita on of access by opening one-stop shop and the possibility to lodge the documents
within them;
- Procedure to invite and to obtain the residence permit and the work permit. For labor
immigrants, the right to work is obtained in 30 days, and for investors – in 15 working days since
the date the applica on is lodged.
The extension of the right to stay depends on the volume of investments. Hence, the foreigners or
stateless persons who have invested over 250 thousand USD are granted the right to work for a period
up to 5 years, with the possibility to prolong it for a new period, but not more than the validity period
of the na onal ID card; those who have made investments of over 100 thousand USD, but not more
than 250 thousand USD, are granted the right to work for a period up to 3 years with the possibility to
prolong it for a new period; those who have made investments for at least 10 thousand USD, but not
more than 100 thousand, are granted the right to work for 2 years, with the possibility to prolong it for
a new period, etc. In the area of labor migra on, the RM would like to delimit clearly in its norma ve
acts the terms of “migrant worker” and “migrant entrepreneur”. According to the Law 180 of
10.07.2008 on Labor Migra on, currently the immigrant worker is the person authorized to carry out
a temporary ac vity on the territory of the RM.
Based on these norma ve acts, the na onal legisla on was adjusted to the interna onal
73
Iden ty false is incriminated and sanc ons on the territory of Romania, based on art. 327 of the Criminal Code of Romania of 17.07.
2009, published in the Official Gaze e No. 510 of 24 July 2009.
33
standards, excluding some exis ng doublings, simplifying the procedures for foreigners who would
like to invest in the RM, but also making accountable the private agencies employing Moldovans
abroad to monitor the migrant workers' situa on and to get involved in solving the emerging
problems. It should be men oned that the template of the individual work contract suggested in the
na onal legisla on remains to be just a “dream”. A few migrant workers migrate for work purposes
having an individual work contract. A few Moldovan migrants having individual work contracts and a
few private employment agencies placing Moldovans on foreign labor markets, actually register the
work contract with the Na onal Employment Agency (NEA). Thus, the majority of migrants remain
outside the social protec on area.
Return and reintegra on of Moldovan ci zens

Fostering the return and the reintegra on of Moldovan migrants represents another key
moment in the na onal legisla on. On May 20, 2014 there was adopted a new Ac on Plan for 2014-
2016 to support the reintegra on of the ci zens returned from abroad74 which replaces the previous
one (Ac on Plan for fostering the return of Moldovan migrants from abroad, Government Decision
No. 1133 of 09.10.2008). The Ac on Plan includes 9 objec ves and detailed ac ons which aim to
support the returned migrants: development of the legisla ve, ins tu onal, and informa on
frameworks to facilitate the integra on of those who have returned from abroad; facilita on of
integra on on the labor market; developing migrants' entrepreneurial skills; etc. Special a en on is
granted to the establishment of the inter-agency networks for reintegra ng the migrants returned
from abroad, crea on of reintegra on offices within the territorial employment agencies, as well as
development of the norma ve framework for recognizing the competences obtained informally and
non-formally.
Other ac vi es related to this area refer to the implementa on of the Pilot Program for a rac ng
remi ances in the economy “PARE 1+1” (2010-2012) and its prolonga on. The Program was ini ated
by the governmental authori es of the RM on October 18, 201075 and provides for the mobiliza on of
human and financial resources of the migrants for sustainable development. The Program includes 3
components: (i) informa on; (ii) entrepreneurial training and informa on support; (iii) financial
support for launching a business according to the 1+1 rule76. Nevertheless, it should be men oned
that it is necessary to establish the factors which impede Moldovan migrants to invest in business in
their country of origin. The number of Moldovan migrants launching business in the RM is smaller
than the number of those who launch their business abroad.
Although a number of ac ons are carried out for reintegra ng the Moldovans who have returned
from abroad, it should be noted that all these ac ons must be consolidated and focused on
reintegra on of persons on the labor market, provision of possibili es to make investments and to
open business, as well as ac ons for reintegra on of the children returned with their families from
abroad into the school and cultural environment of the RM. Some of the interviewed experts
men oned about the integra on difficul es, based on the fact that some children don't know
Romanian language, as when being abroad they paid more a en on to get to know the language of
the country of des na on, in the detriment of the na ve language.
74
RM Government Decision No. 339 of 20.05.2014.
75
76
The rule 1+1 provides for every MDL invested from remi ances an addi onal MDL from the PARE 1+1 Program. The maximum value of
the grant is 200,000 MDL.
34
REPUBLIC OF MOLDOVA
Border management
In the context of the harmoniza on of the legisla on and prac ce of the RM specialized
authori es with the European standards in the area of border management, Moldova has adopted
the European model of Integrated Border Management (IBM). It was defined for the first me in the
Conclusion of the EU Jus ce and Home Affairs Council of 4-5.12.2006, in Brussels77. The IBM model
implies, among other, appoin ng essen al legal competences to the border authority in migra on
management area, together with other authori es from the jus ce and home affairs system and the
foreign affairs ministries of the EU countries78.
The Guidelines for IBM in EC External Coopera on defines the IBM concept as “na onal and
interna onal coordina on and coopera on between the relevant authori es and agencies with
competences in the area of border security and trade facilita on, for the purpose of establishing
integrate border management systems, which would contribute to achieving the objec ve of secured,
open and well-controlled borders”.79 Hence, the IBM aims to facilitate legal mobility of persons and
goods over the state border, ensuring at the same me the efficient comba ng of irregular migra on
and cross-border crime.
The European concept of the IBM was transposed and developed for the first me in the na onal
norma ve framework by adop ng the Integrated State Border Management Strategy (ISBMS) for
2011 – 2013, approved via the Government Decision No. 1212 of 27.12. 2010 and its Ac on Plan,
approved in May 2011. The na onal IBM concept, harmonized with the European model of reference,
includes the following components80:
1) state border control, based on analysis of risks and informa on about crime;
2) detec on and inves ga on of cross-border crime by the BP in coopera on with other law
enforcement authori es from RM;
3) access to RM model, structured in four control filters, implying a set of measures to prevent
irregular migra on and cross-border crime (measures in third countries, coopera on with neighboring
countries, border control, measures within the country, including readmission;
4) coopera on among the authori es with competences in the IBM area (border authority,
customs, police, authority with a mandate in the area of migra on and asylum, and other specialized
na onal authori es);
5) interna onal coopera on in the area of border security;
6) coordina on and assurance of coherence among the par cipa ng authori es, through the
Na onal Council for Integrated State Border Management (NCISBM).
The adop on of the Strategy and its Ac on Plan was among the basic requirements for carrying
out the dialogue regarding the liberaliza on of the visa regime with the Schengen/EU countries. The
reform areas tackled by the NCISBM were: adjustment of the IBM afferent legal framework to the
communitarian acquis and EU recommenda ons; adjustment of the ins tu onal system and human
resource development for efficient enforcement of the IBM, capacity building for surveillance and
control of the border crossing; development of the risk analysis system, which would support the
ac ons of preven ng and managing the threats for border security, illegal migra on, and transla onal
crime; inter-agency and interna onal coopera on development, state border infrastructure
77
Brussels European Council. Council Mee ng Jus ce and Home Affairs, Brussels, 4-5 December 2006.
78
European Commission. Guidelines for IBM in EC External Coopera on, Brussels, November 2009
79
Ibidem
80
RM Government Decision No. 1212 of 27.12. 2010 approving the State Border Integrated Management Strategy for 2011 – 2013.
35
development. The authori es with responsibili es in the IBM area were iden fied and reunited
within the NCISBM, a consulta ve body created and appointed by the Government to coordinate the
implementa on of the Strategy (see details about the NCISBM on page 79).81
Although the implementa on of the ISBMS 2011–2013 has lead, in general, to the fulfilment of
the proposed objec ves, the coopera on and coordina on of the authori es with a mandate in the
IBM area s ll registers some gaps.
To con nue the development and enforcement of the IBM concept in the RM, the new Strategy
and its Ac on Plan for 2015–2017 were adopted recently, aiming to ensure cross-border security and
state border integrated management, by increasing the level of interoperability, compa bility and
integra on of the authori es with responsibili es in the IBM area. The strategic objec ves of the new
Strategy include: (i) enhancing the capaci es of the human resources of the authori es with
competences at the border, (ii) comple ng the norma ve and procedural framework, (iii)
strengthening border control capaci es for the integrated management at the na onal level of the
border control; (iv) consolida ng capaci es for monitoring/preven ng/comba ng illegal migra on
and cross-border crime; (v) ensuring compa bility and interoperability of the informa on systems of
the par cipa ng authori es; (vi) and (vii) development of inter-agency and interna onal coopera on
for ensuring the interoperability with na onal authori es with competence in the IBM area, and
correla on with European and interna onal partners.82
The new ISBMS ensures the consolida on of the ins tu on transforma on processes and
implementa on of new informa on technologies in the border control and other related ac vi es
(automated control of state border crossing, face recogni on, video surveillance of the flow of
persons and transporta on means etc.). Hence, it is envisaged to ensure the compa bility and
interoperability with the European system for border surveillance (EUROSUR). The innova ons
tackled by the new Strategy refer to proposal of prac cal mechanisms for reviving the role of the
NCISBM in the IBM area. It also implies increased accountability for the Minister of Internal Affairs
(MIA) for coordina on of the NCISBM and provides for establishing permanent specialized
commissions for coordina on and monitoring of Strategy objec ves' implementa on. At the same
me, the Strategy sets forth explicitly the responsibili es of the na onal authori es with direct or
related competences in the IBM area. As well, there were proposed mechanisms for involving the civil
society to increase the transparency of the NCISBM and obtaining external exper se, by establishing a
consulta on group.
In this context, the RM has ini ated the process for adjus ng the na onal legal framework in the
border management area to EU legisla on and recommenda ons, provided in the Community Code
on the rules governing the movement of persons across borders (Schengen Borders Code) of
15.03.2006, Direc ve 2004/82/EC of the Council of 29.04.2004 on the obliga on of carriers to
communicate passenger data, Community Code on Visas (Visa Code) of 13.07.2009, Schengen
Catalogue, including the recommenda ons and good prac ces in the area of control and external
borders, revised and approved by the EU Council on 19.03.2009, the European Commission's Prac cal
Manual for Border Police Officers, etc. Hence, there were adopted the Law on State Border No. 215 of
04.11.2011 and the Law on BP, No. 283 of 28.12.2011, entered into force in July 2012. These laws were
adopted within the process of mee ng the condi ons provided in the first stage of the Ac on Plan on
81
RM Government Decision No. 855 of 21.09.2010 regarding the Na onal Council of State Border Integrated Management.
82
RM Government Decision No. 1005 of 10.12.2014 approving the State Border Integrated Management Strategy for 2015 – 2017
“Compa bility, interoperability, integra on”.
36
REPUBLIC OF MOLDOVA
EU Visa Liberaliza on.

The new Law on State Border has replaced the old law from 1994. The Law on State Border reflects
the defini ons and the framework of the Schengen Borders Code, and is harmonized with the EU
legisla on on transport carriers (Direc ve 2004/82/EC of the Council)83. To implement this law, a
number of Government Decisions and internal norma ve acts were adopted to set forth the border
control rules (verifica on of condi ons for the dura on of stay; applica on of the entry/exit stamp;
rules for refusing the entry/exit in/from the country; separate corridors for verifying persons and
transporta on means; special control rules for specific categories of persons, etc.).84
Based on the Law on BP, the former Border Guards Service was reorganized into the BP. It was
demilitarized and became a public authority subordinated to the Ministry of Internal Affairs (MIA),
implemen ng the state policy in the IBM area, preven ng and comba ng illegal migra on and cross-
border crime. The law sets forth the mission, structure, and du es of the BP, as well as the status,
rights and du es of the border police officers, hence ensuring the decentraliza on of the ins tu onal
processes, structural op miza on at all the levels, and launch of the reform process.85
For the purpose of preven ng and comba ng irregular migra on and cross-border crime
(organiza on of illegal migra on, trafficking in human beings, smuggling of cigare es, drugs and
prohibited substances, illegal circula on of transporta on means, use of false and forged travel
documents), the new Law on BP has a ributed to the respec ve ins tu on a mandate for carrying out
special inves ga on and criminal inves ga on measures on the en re territory of the country,
detec ng and examining offences in the border zone, exper zing travel documents and issuing visas
at the border, in excep onal cases. To enforce the provisions of this law, a number of other laws and
norma ve acts were amended, such as: the Law No. 200 on Foreigners' Regime of 16.07.2012, Law on
Asylum No. 270 of 18.12.2008, Criminal Procedure Code (CPC) of RM No. 122 of 14.03.2003,
Contraven on Code No. 218 of 24.10.2008.
The above-men oned legisla ve acts, the Law on Special Inves ga on Ac vity No. 59 of
29.03.2012, as well as the internal norms adopted at the MIA level, regulate the possibility for the BP
to undertake special inves ga on ac vi es and offence detec on ac vi es. Currently, the criminal
inves ga on officers from the BP carry out their ac vity based on art. 266 of the CPC, which provides
for the competence in criminal ma ers, a ributed in general to the MIA.
The new amendments made to the Contraven on Code empower the chiefs of the BP sectors and
their depu es with the right to examine contraven ons and to apply sanc ons for the viola ons related
to the regime of the state border, border zone and BCP, rules for border crossing and staying on the
territory of the country, detect viola ons related to transporta on of foreigners into the country, etc.
To regulate the excep onal cases and the condi ons when the BP may issue a visa at the border
(emergency, jus fied by natural calami es, accidents, disasters, death or poor health condi on of the
family members or close rela ves), the Law on Foreigners' Regime was amended. These legal provisions
were details and transposed into internal rules of the BP via the Internal Order of the BP Department
83
The law has transposed into the na onal legisla on the provisions of the Regula on (CE) No. 562/2006 of the European Parliament
and Council from 15 March, 2006 for establishing the Community Code on the rules governing the movement of persons across
borders (Schengen Borders Code) and Direc ve 2004/82/EC of the Council from April 29, 2004 on the obliga on of carriers to
communicate passenger data.
84
Government Decision No. 926 of 12.12.2012 to implement the Law No. 215 from November 4, 2011 on the State Border of the RM;
Border Police Department Order No. 121 of 08.11.2012 implemen ng the Law No. 215 from November 4, 2011 on the State Border of
the RM, etc.
85
Law on Border Police No. 283 of 28.12.2011.
37
regarding the approval of the Regula on on issuance of visas, in excep onal cases, by the BP.
The rights of Moldovan and foreign ci zens, as well as of stateless people to exit from and enter
into the RM are safeguarded by the Law on exit from and entry into the RM no. 269 of 09.11.1994 (in
force as of 26.01.1995). The Law also establishes temporary restric ons regarding the exercise of
these rights and the procedure for issuing the travel documents.86
Another European prac ce taken over by the RM, to prevent and combat irregular migra on and
cross-border crime, is the establishment of BP mobile teams. Thus, based on the Regula on on mobile
teams, adopted by the RM Government on 20.09.2013, these teams have the mission: to perform
border control, outside the BCP; to carry out ac ons to prevent, detect, and combat offences related
to illegal circula on of persons and vehicles; to determine the offences related to illegal stay, illegal
crossing of the state border; to carry out special inves ga ons, etc.87The competences of these teams
are limited to the border zone, meaning the perimeter of 10 km inside the country. This fact does not
allow the BP have access outside the respec ve zone, for carrying out missions of preven on,
detec on and countering of irregular migra on and cross-border crime, and par cularly of offences
pertaining to illegal flow of persons and vehicles, illegal transporta on of foreigners, for the purpose
of irregular migra on to RM or EU, by transi ng the territory of the country. Although the BMA has
competences of comba ng the illegal stay of foreigners within the whole na onal territory, it has no
competences, technical capacity and sufficient human resources for carrying out the above described
missions which are now a ributed by law to the BP in the border zone. The visa-free regime with the
EU/Schengen countries implies risks of using Moldova territory as a transit route for irregular
migra on to EU, implicitly via the central sector (Transnistrian) of the Moldovan-Ukrainian border.
Moreover, the Plan on visa liberaliza on with EU88 and the reports of the European Commission
regarding the progress for implemen ng the respec ve Plan89 have recommended to extend the
competence of the BP on the en re territory of the country and to develop mechanisms of
coopera on with other law enforcement authori es in the area of preven ng, detec ng, and
comba ng irregular migra on. Hence, the specific situa on of the RM implies the need to extend the
competence of the mobile teams, for comba ng illegal migra on and cross-border crime within the
country. This would allow the mobile teams to carry out ac ons of patrolling and verifying the areas
and routes inside the country, which are most frequently used for irregular migra on and which will
be iden fied based on the risk analysis. The advantages of BP mobile units include: their adequate
level of technical endowment, the rapid reac on capacity that allows them penetrate and act in hard-
to-reach regions and in unfavorable weather condi ons by the means of vehicles which are at their
disposal. Therefore, it is necessary to evaluate the coopera on modality between the BP and other
law enforcement authori es with competences in comba ng illegal migra on on the na onal
territory, especially with BMA.
The Regula on on mobile teams provides, as well, for the possibility to create, if necessary and in
ad-hoc condi ons, mixed mobile teams with the par cipa on of other law enforcement authori es
with related competences. In this respect, it is very important to develop the inter-agency procedures
for the organiza on and opera on of mixed mobile teams.
86
Law no. 269 of 09.11.1994 on exit from and entry into the RM
87
Decision No. 752 of 20.09.2013 to approve the Regula on regarding the Border Police mobile teams and comple on of the
Government Decision No. 357 of May 13, 2009.
88
EU – Republic of Moldova Dialogue on visa liberaliza on. Ac on Plan on EU visa liberaliza on, Brussels, 16.12.2010
89
European Commission. First progress report of the implementa on by the Republic of Moldova of the Ac on Plan on Visa
Liberaliza on, Brussels, 16.09.2011.
38
REPUBLIC OF MOLDOVA
The na onal and internal legal framework relevant for the border management is constantly
updated, depending on the new threats related to the border security, irregular migra on, and cross-
border crime. In this respect, the BP has ini ated the process of amending a number of norma ve acts
(Law on State Border, Law on Border Police, Law on Foreigners' Regime, Contraven on Code, etc.).
The envisaged measures include the extension of the right to examine offences in case of the shi
chiefs of the border crossing sectors and points, clarifica on of the way how the stay period on the
territory of the RM is calculated, adjustment of the period of short stay of foreigners on the territory of
RM in line with the Schengen Borders Code, clarifica on of the no on of entry ban, which would allow
the BP issuing decisions for the respec ve situa ons, provisions of competence to the BP in the area of
comba ng illegal migra on and cross-border crime including outside the border zone, etc.
For the purpose of enforcing the provisions of the Law on State Border and the related legal
provisions, the BP has developed a Prac cal Handbook for the Border Police Officers and has ini ated
the development of the Standard Opera ng Procedures.
In conclusion, the RM legal framework was, to a large extent, adjusted to the European standards,
in line with the principles of state border integrated management. This fact was confirmed by the III
Report of the European Commission regarding the implementa on by the RM of the Ac on Plan on
visa liberaliza on. The document men ons that precondi ons were created for demilitariza on,
professionaliza on of the BP, and its transforma on into a law enforcing authority serving the state
and the ci zens.90 There was adjusted the legal framework for ensuring efficient border control and
specializing the ins tu on in comba ng illegal migra on and cross-border crime. Nevertheless, to
fulfill adequately the new responsibili es, taking into account the EU requirements and the specific
situa on of the RM, the BP should have competences on the en re na onal territory in the area of
detec ng and comba ng illegal migra on and cross-border crime. It is also important to con nue the
process of developing the Standard Opera ng Procedures in different situa ons at the border,
including the inter-agency situa ons in areas of common interest.
Coopera on with diaspora

The coopera on with diaspora and diaspora associa ons created by Moldovans abroad
represents another state policy direc on in the area of migra on management. Hence, the RM has
adopted a number of ac ons in this area, such as Ac on Plan for suppor ng Moldovan Diaspora for
2006-2009 (10.07.2006), the Na onal Ac on Plan for 2008 on protec on of RM ci zens abroad, the
Ac on Plan for cultural and social support of Moldovan Diaspora for 2012-2014 (17.04.2012), and on
19.10.2012 there was created the Bureau for Diaspora Rela ons (BDR). Before the establishment of
the BDR, the ac ons related to coopera on with Moldovan diaspora associa ons from abroad were
performed by the Bureau of Interethnic Rela ons (BIR).
Currently, there are 2 ins tu ons in the RM with similar responsibili es regarding the rela ons
with the Moldovan diaspora – BDR and BIR. According to the Regula on for organiza on and
opera on of the BIR from 2.02.2010, this bureau has the func on to promote the RM state policy in
the area of interethnic rela ons, func oning of the languages spoken in the RM territory, and
suppor ng the Moldovan diaspora91, which overlaps par ally with the func ons of the BDR.
The authori es of the RM have ini ated the process of developing the Diaspora Strategy 2025
and Diaspora-Government-Diaspora Ac on Plan for 2014-2016, which involved as well diaspora
90
European Commission. Report from the Commission to the European Parliament and the Council on the Implementa on by the Republic of Moldova
of the Ac on Plan on Visa Liberaliza on., Brussels, 22.6.2012
91 Government Decision No. 43 of 02.02.2010
39
representa ves present at the Moldovan Diaspora Congress, VI edi on, which was organized in
Chisinau on September 1-3, 2014. The strategic aim of the Diaspora Strategy 2025 is to facilitate the
physical, circular, and virtual return of the Moldovan migrants staying abroad, and the general
objec ves are: (i) to ensure the diaspora rights and to facilitate their personal development; (ii) to
facilitate financial investments and economic development op ons, (iii) to involve diaspora in
different aspects of the RM's development (educa on, culture, research, etc.).
Meanwhile, the Moldovan diaspora from abroad is ge ng developed and needs training in
different areas, so as to become more ac ve and to encourage the return of Moldovan migrants to
their country of origin.
The regula on of the migra on processes in the RM is carried out based on the interna onal
legisla on, bilateral interstate agreements on specific areas, and na onal legisla on. The RM signed
the following interna onal conven ons, which have generated via their implementa on, a number of
legisla ve and ins tu onal amendments in the internal legal order:
- European Social Charter aiming to regulate the processes regarding the social security of
foreigners, especially equal treatment just like in na onals' case and preserving the acquired
rights or those which are to be acquired (signed on 03.11.1998, in force since 01.01.2002);
- Complementary Agreement for enforcing the European Conven on on Social Security
(signed on 22.05.2002);
- European Code of Social Security which provides for harmoniza on of the social protec on
guaranteed by the member states (signed on 16.09.2003);
- European Conven on on Ci zenship (signed on 03.11.1998, in force since 01.03.2000);
- Conven on on Status of Refugees, as well as the Protocol on Status of Refugees (Law No. 677
dated 23.11.2001 on joining the Conven on);
- Council of Europe Conven on on the Avoidance of Statelessness in rela on to State Succession
(ra fied via the Law No. 232 of 02.11.2007);
- Conven on on the Reduc on of Statelessness (Law No. 252 dated 08.12.2011 on joining the
Conven on).
In the area of labor migra on, the RM joined the Conven on on Private Employment Agencies
(ra fied via the Law No. 482-XV of 28.09.2001), European Conven on on the Legal Status of Migrant
Workers (signed on 11.07.2002, in force since 01.10.2006), Migra on for Employment Conven on.
The RM is harmonizing its na onal legal framework with the provisions of the interna onal law
and EU legisla on on regula ng the circuit of people so as to have an efficient management of the
migra on processes and to adjust the na onal policies to the communitarian acquis.
The efforts and the ac ons undertaken by the RM authori es to align the na onal legisla on to
the European standards, including interna onal ones, are highly appreciated by the interna onal
ins tu ons. Thus, in the Second progress report on the implementa on by the Republic of Moldova of
the Ac on Plan on Visa Liberaliza on, the European Commission notes the following regarding the
migra on management - RM registered very good progress in se ng a comprehensive basis for an
efficient system of migra on management. Nevertheless it is necessary to undertake some
improvements. The relevant legisla ve framework is, to a big extend, defined, and the legisla on and
norma ve acts are, to a big extend, in line with the European and interna onal standards.92
92
Second progress report on the implementa on by the Republic of Moldova of the Ac on Plan on Visa Liberaliza on. - European
Commission, 2012, p.3.
40
REPUBLIC OF MOLDOVA
The data of the study reveal some differences in the opinions of the governmental and non-
governmental stakeholders regarding migra on challenges. While the governmental authori es
focus on the problem of the weakly developed partnership with the countries of des na on and the
challenges for ensuring the condi ons for legal migra on, protec on and social security of migrant
workers, encouragement of their return to the country of origin, comba ng irregular migra on, the
interna onal organiza on focus on the nega ve consequences of migra on, poin ng out the
decrease in number of the popula on, loss of qualifica ons by the migrants, and migra on impact on
le -behind children and elderly people, as well as the need to consolidate migra on management.
The data of the study confirm that the governmental authori es have approved the poli cal
vector towards the EU, so as to accomplish the RM's integra on in the European poli cal and
economic space. Nevertheless, the opposi on par es promote the integra on in the Euro-Asia c
space and the geopoli cal closeness to the Russian Federa on. Over the last period of me, the RM
has undertaken all the efforts to create a na onal legal framework in line with the European and
interna onal standards in migra on area. The RM has joined different interna onal conven ons,
including EU conven ons for regula ng persons' mobility for ensuring the efficient management of
migra on processes and adjustment of the na onal policies to the communitarian acquis. The
na onal legisla on is appreciated by the governmental authori es and representa ves of
interna onal and na onal organiza ons as being compliant with the interna onal and European
standards, but there is s ll a need of support in developing the guidelines and the subordinated acts
for different norma ve acts, which would contribute to ensuring the implementa on of such
legisla on. From this perspec ve, the RM authori es intend to monitor and evaluate over the next
years the func oning of the na onal laws adopted in the area and to intervene with comple ons and
changes wherever deficiencies are iden fied.
To con nue the harmoniza on of the na onal legisla on with the interna onal standards, as well
as to ensure the func oning of the adopted European laws, it is necessary to undertaken the following
ac ons:
- Signature and ra fica on by the RM of the European Conven on on the Compensa on of
Vic ms of Violent Crimes from November 24, 1983.
- Development and adop on of an efficient legisla ve, norma ve and ins tu onal mechanism
for implemen ng the European Conven on on the Compensa on of Vic ms of Violent Crimes,
including comple ng the Criminal Procedure Code and other legisla ve acts, which would
regulate the right and the procedure for recovering the prejudice suffered by the vic ms of
violent crimes from a special fund created by the state.
- Improving the collabora on between the private employment agencies and the NEA, including
the improvement of the record keeping of Moldovan migrant who leave to work abroad via the
private employment agencies.
- Con nuing the nego a on of labor migra on and social security agreements with the countries
of des na on of the Moldovan migrants so as to protect them.
- Streamlining the flow of electronic documents submi ed by foreigners (for visas, work permits,
temporary stay permits).
- Undertaking an evalua on regarding the short-, mid- and long-term inten ons of migrant
workers abroad, as well as the causes impeding the Moldovan migrants to invest their
remi ance in the business environment of the country of origin.
41
- Finalizing the mechanism for recogni on of qualifica ons obtained by Moldovan migrants
informally and non-formally.
- Building the competences of the Moldovan diaspora abroad to promote the return of Moldovan
migrants back home and/or inves ng remi ance in the communi es of origin.
- Amending the RM Criminal Code to incriminate and sanc on the acts related to false iden ty.
- Extension of the competence of BP mobile units within the country, for carrying out missions of
preven on, detec on and countering of irregular migra on and cross-border crime, and
par cularly of offences pertaining to illegal flow of persons and vehicles, illegal transporta on
of foreigners, for the purpose of irregular migra on to RM or EU, by transi ng the territory of
the country; and iden fying of the coopera on modality between the BP and other law
enforcement authori es with competences in comba ng illegal migra on on the na onal
territory.
42
REPUBLIC OF MOLDOVA
IV. INSTITUTIONAL FRAMEWORK FOR MIGRATION

MANAGEMENT
RM has a solid ins tu onal framework in the area of migra on management and formula on of
migra on policies, with the par cipa on of a big number of ins tu onal stakeholders (see Annex 2).
4.1 BUREAU OF MIGRATION AND ASYLUM

Bureau of Migra on and Asylum (BMA) – subdivision of the MIA, established in June 200693based
on the Na onal Bureau of Migra on, for ensuring the implementa on of policies in the area of
migra on, asylum, statelessness, and foreigners' integra on. The BMA was reformed from structural
point of view and currently it covers the following divisions: Division for comba ng foreigners' illegal
stay, Division for foreigners' record keeping, Division of immigra on, Division of refugees, Division of
legisla on, coordina on and management of data, and territorial subdivisions (2 regional services for
foreigners' documenta on, 3 regional sec ons for comba ng foreigners' illegal stay, 6 services for
foreigners' record keeping)94. It should be noted that BMA got ac vely involved in harmoniza on of
the na onal legisla on in the area of migra on and asylum with the interna onal standards, in
developing a norma ve framework regarding refugees' integra on. The BMA reform aimed to
develop the bureau and its services.
The BMA mission is to fulfill the objec ves related to implemen ng policies in the area of
migra on and asylum, managing migra on phenomenon via admission and documenta on of
foreigners with ID cards, recogni on of refugee status and stateless person status, provision of
humanitarian protec on, coordina on of foreigners' integra on in RM, legality control of foreigners'
stay in the RM, public custody and adequate enforcement of the removal and restric ve measures95.
The BMA ac vity is carried out in line with the RM Cons tu on, Law No. 200 of 16 July 2010 on
Foreigners' Regime, Law No. 270-XVI of 18 December 2008 on Asylum in RM, Law No. 274 of 27
December 2011 on Foreigners' Integra on in RM, Law No. 320 of 24 December 2012 on Police Ac vity
and Police Officer Status, Law No. 133 of 8 July 2011 on Personal Data Protec on, in line with the
decrees of the RM President, ordinances and decision of the Government, MIA departmental and
interdepartmental acts, interna onal trea es and conven ons to which the RM is a part.
In the area of migra on management, the BMA has the following basic du es:
- par cipates in developing the state policies by formula ng proposals in the area of migra on,
asylum, statelessness, and foreigners' integra on;
- implements and supervises the observance of the legisla on in the area of migra on, asylum,
integra on, and statelessness, as well as of other legisla ve acts and norms related to these
problems;
- ensures the direct management and control of the ac vity of the subordinated subdivisions;
- ensures the management of migra on processes;
- provides assistance and facilitates the process of foreigners' integra on in the RM, in line with
93
Government Decision No. 529 of 17.05.2006
94
Territorial subdivisions of the BMA include: 2 regional services for foreigners' documenta on (in the North and South of RM), 3
regional sec ons for comba ng foreigners' illegal stay (in the North, Center, and South of RM), 6 services for foreigners' record
keeping in the eastern part of the RM at the border with the self-proclaimed Transnistria).
95
Regula on on organiza on and opera on, structure, and limit-number of personnel in the BMA under the MIA subordina on,
approved via the GD No. 914 of 07.11.2014.
43
the provisions of the legisla on in force;

- ensures the comba ng of foreigners' illegal stay on the en re territory of the country and
monitors the foreigners' flow;
- ensures the observance of foreigners' rights and freedoms on the territory of the RM.
Based on its mission and func ons, the BMA has complex du es in the area of migra on
management:
1. In the area of par cipa on in developing the state policy on migra on and asylum, BMA has a
number of du es: (i) par cipates, through formula on of proposals, in the development of the
legisla ve and norma ve frameworks, na onal programs and strategies necessary for fulfilling
the strategic objec ves in its ac vity areas, so as to ensure their compa bility with the
interna onal standards, EU legisla on, and interna onal trea es the RM is part of; (ii)
par cipates, within the limit of its competences, in developing and implemen ng the plans and
programs of RM integra on in the EU; (iii) submits reform solu ons for recovering the migra on
situa on in the RM; (iv) par cipates in monitoring the fulfilment of the ac ons envisaged in the
policy documents related to migra on, asylum, foreigners' integra on, and statelessness.
2. In coopera on with other internal and external ins tu ons, the BMA: (i) ensures the
collabora on and exchange of informa on with governmental and MIA authori es, public
authori es, interna onal and nongovernmental organiza ons in its areas of ac vity; (ii)
collaborates with interna onal organiza ons ac ve in the respec ve area, diploma c missions
and RM representa ons abroad, and those accredited in the RM; (iii) implements and executes
the provisions of the interna onal acts in the area of migra on, asylum, integra on, and
statelessness; (iv) implements assistance projects, etc.
3. Significant du es are fulfilled by the BMA in the area of migra on processes' management.
They refer to: (i) organiza on of ac vi es to collect the data held by local and central public
administra on authori es to be used in the Automated Integrated Informa on System
96
“Migra on and Asylum” (SIIAMA) , as well as maintenance, processing, supply, and exchange of
informa on regarding the migra on processes at the na onal and interna onal levels; (ii)
ensuring the protec on of held informa on against illegal access, destruc on, copying, or
unauthorized distribu on of personal data; (iii) development of the Extended Migra on Profile
(EMP) and dissemina on of data on migra on groups and flows; (iv) par cipa on in building the
informa on society “Digital Moldova 2020”, organiza on and par cipa on in exchange of
electronic documents with the public administra on authori es and individuals in the area of
migra on and asylum via SIIAMA; (v) assuring, within the limit of its competences, the
func oning of the regional and interna onal mechanisms for data exchange in the area of
migra on and asylum; (vi) study and generaliza on of the causes and condi ons which have
96
SIIAMA is a conceptual informa on system adopted to integrate a big number of databases or other automated informa on systems
to fulfill the state policy on migra on and asylum. The possessor of the SIIAMA system is BMA of MIA. SIIAMA is planned to integrate
the following sources of informa on: MFAEI; MLSPF via the NEA, MF via the Customs Service, ME, MITC via the State Register of
Popula on, MJ, NBS, BP, NSIC, NHIC, etc. The informa on resources from SIIAMA will be able to supply data in different areas related
to migra on, including data about foreigners, stateless persons, and refugees. The objec ves to be fulfilled by introducing such a
system cover:
(i) Integra on of informa on resources about migra on and asylum of the different public ins tu ons;
(ii) Ensuring the monitoring of migra on flows and control of foreigners' and stateless persons' stay regime on the territory of the
country;
(iii) Provision of opera ve informa on to the public administra on authori es empowered to take decisions in the area of migra on
and asylum.
44
REPUBLIC OF MOLDOVA
determined or favored the illegal stay of foreigners, as well as the dynamic record of this
phenomenon, etc.
4. In the area of immigra on: (i) ensures the organiza on of the ac vity of the one-stop shop for
foreigners' documenta on at the central and regional levels; (ii) receives and examines the
applica ons for gran ng/prolonging the right for temporary and permanent stay and the right
for repatria on, applica ons for issuance of documents for foreigners etc.; (iii) registers the
detached employees for a period of maximum 90 days; (iv) exercises the func on of examining
the foreigners' record keeping; (v) collects, processes, and operates the personal data on
foreigners who enter and se le in the RM.
5. In the area of asylum and statelessness: (i) provides, terminates and cancels the status of
refugee or humanitarian protec on; (ii) recognizes, refuses and cancels the status of stateless
person; (iii) administrates the center for sheltering foreigners and solves the problems related
to its ac vity, etc.
6. In the area of foreigners' integra on and beneficiaries of a protec on form: (i) develops
mechanisms for inter-agency interac on with representa ves of central and local public
authori es, and civil society so as to ensure foreigners' access to integra on ac vi es and
programs; (ii) promotes ac vi es which would contribute to the development of an inclusive
and tolerant society, etc.
7. In the area of comba ng foreigners' illegal stay: (i) verifies the legality of the stay and
employment on the territory of RM of foreigners and stateless persons; (ii) undertakes
measures for detec ng fic ve marriages between foreigners and RM ci zens, and submits
requests for declaring such marriages null; (iii) issues decisions in rela on to foreigners and
stateless persons regarding their return, including under escort, revoca on and cancella on of
their right to stay, cancella on of visa; performs the removal of foreigners and stateless persons
from the territory of the RM; (iv) implements the agreements of readmission concluded
between the RM Government and other states' governments.
There is a number of needs in the BMA func oning which should be solved to improve migra on
management. One of the first iden fied problems would be the insufficiency of BMA employees. The
limit-number of the BMA personnel is 197 units (118 persons with special func on, 65 public servants
and 14 persons with technical func on). Nevertheless, over the last years, the workload has increased
due to the 5- mes increase of the number of foreigners documented in the RM. Addi onally, the BMA
has obtained new du es in rela on to the annual development of the EMP report, as well as in rela on
to the coordina on of the data in the SIIAMA. And last, but not least, the BMA territorial subdivisions
also got developed – regional services for foreigners' documenta on (2 services), regional sec ons for
comba ng foreigners' illegal stay (3 sec ons), sec ons for keeping the records and monitoring the
foreigners (6 sec ons) at the border with the self-proclaimed Transnistrian Republic. These changes in
the migra on flows, as well as in the BMA du es point out the need to increase the number of
personnel. On the other hand, the exis ng differences in the func on salaries of the public servants
according to the payroll levels and degrees do not allow recruitment of young specialists.97
Another stringent need refers to strengthening the competences of the BMA employees. The
training for consolida ng the competences of the human resources should be organized by specific
components related to familiariza on with good prac ces examples from other countries about:
97
For instance, a beginner within the BMA at the I stage and I degree of payroll has a salary of 2200 lei, as compared to a specialist
at the I stage, IX degree – 3080 lei and a specialist at the 20 stage, I degree – 6600 lei and 20 stage, IX degree – 9240 lei.
45
(i) procedure for record keeping and documenta on of foreigners and the interac on within this
process among different ins tu ons;
(ii) integra on of foreigners and the interac on between the different ins tu ons ac ve in this
area,
(iii) risk analysis and comba ng illegal stay and migra on, as well as interac on with different
ins tu ons ac ve in this area;
(iv) risk analysis in the area of migra on and asylum and the interac on with different ins tu ons
ac ve in this area, etc.
Development is necessary for communica on skills, knowledge of foreigner languages among the
BMA employees so as to increase the quality of the services provided to migrants.
Trainings are necessary for building the capaci es to develop the EMP and its use for developing
policies in the area of migra on, both among the BMA employees, as well as among the personnel of
other governmental ins tu ons. It is also important to note the need of joint trainings in different
aspects (comba ng illegal stay and migra on, foreigners' integra on, record keeping and
documenta on of foreigners, etc.) for the representa ves of different ins tu ons which work together
on different areas. For instance: training of representa ves of the BMA; BP, GPI, judges, prosecutors,
lawyers regarding the modality of working together in specific cases of detec on of illegally staying
immigrants. It is very important to develop a strategy of joint training for BMA personnel.
The development of the technical-material basis and the design of a modern infrastructure of the
BMA and its subordinated subdivisions, including con nuing the opening of the one-stop shops at the
local level – all of these is another direc on needing a en on from behalf of the governmental
ins tu ons and interna onal organiza ons. Infrastructure development is required by the technical-
scien fic progress and by the problem of ensuring qualita ve services for foreigners.
The development of the SIIAMA as a tool to collect data and ensure its opera on with the exis ng
informa on systems from different other ins tu ons (MFAEI, MITC, MJ, ME, MH, BP, NEA, NHIC, NSIC,
State Tax Inspectorate, etc.) is another need which would allow the efficient record keeping of the
foreigners on the territory of RM, as well as the improvement of modali es to analyze the risks in the
area of migra on and asylum, as well as in the area of comba ng illegal stay and migra on. The
feasibility study of the BMA IS which is carried out at the current moment, has revealed that the
modality in which the SIIAMA was designed is obsolete, from the prospec ve of new terms that have
to be reviewed (it is necessary to adopt the concept of migra on according to the interna onal
standards), as well from the point of view of its structure (since the moment it was designed un l
presently, some ins tu ons do not exist, others have got developed). Currently the SIIAMA operates
more like a sta s cal database, and only some segments are operated in connec on with other IS (for
instance: foreigners' documenta on, issuance of invita ons for foreigners, issuance of visas, partly
employment on the labor market). In this respect, it is necessary to develop the operability of the
SIIAMA with other IS. An important direc on would be the informa on exchange. For instance, based
on the Agreement of Informa on Exchange between the BMA and BP, BMA has provided 85 user
accounts to the representa ves of the BP and has received access for 10 users to the IS of the BP.
It is also important to con nue the ac ons in the area of inter-agency coopera on based on some
agreements, protocols, plans with BP, State Enterprise “CRIS Registru”, MLSPF, NEA, NHIC, NSIC, MED
etc. for detec ng illegally staying migrants, opera ve exchange of data regarding comba ng irregular
migra on, including for coordina on of ac ons related to foreigners' integra on.
Other needs of the BMA for enhancing capaci es in the area of migra on management refer to:
46
REPUBLIC OF MOLDOVA
(i) development of an ini al and con nuous training system for the specialists in the area of
migra on and asylum in RM;
(ii) build the capaci es in rela on to the partnership with mass-media;
(iii) carrying out a study on BMA organiza onal communica on development, which would cover
communica on from internal subunits, as well as external ones.
4.2. BORDER POLICE

Structure and competences
Since its crea on, the RM border authority has gone through a rapid process of ins tu onal
reform. The European integra on trends of the state and the process of EU visa liberaliza on have
demanded the implementa on of the IBM European principles. In this context, the Border Guard
Service was transformed from a military ins tu on into BP, law-enforcement police-type authority.
Hence, the reorganiza on from 2012 and the subordina on of the BP under the MIA has demilitarized
and professionalized the ins tu on, and appointed new du es to the BP in the area of comba ng
illegal migra on and cross-border crime. Thus, the BP was fully integrated into the system of the
bodies ensuring the public order and the fight against crime, and coordina on of coopera on of law-
enforcement bodies in IBM area.
The process of the BP transforma on into a specialized ins tu on to manage the borders
according to the European standards based itself on the na onal efforts undertaken in this respect, as
well as constant collabora on with the European Agency for the Management of Opera onal
Coopera on at the External Borders of the Member States of the European Union (FRONTEX), EU
Border Assistance Mission to Moldova and Ukraine (EUBAM), and other interna onal en es. The
transforma on process was also supported by adjus ng the internal norma ve framework, and
adop ng European prac ces in the area of border surveillance and control, according to the EU
legisla on, recommenda ons, and good prac ces envisaged in the EU Schengen Catalogue.
The Law on BP provides for competences in the following areas:98 (i) surveillance and control of
state border crossing; (ii) preven ng, detec ng, and comba ng illegal migra on and cross-border
crime; (iii) development and implementa on of policies in the area of IBM, comba ng illegal
migra on and cross-border crime; (iv) establishment and management of the informa on systems for
collec ng and storing data, for the purpose of ensuring intra-agency, inter-agency, and interna onal
coopera on in the areas of competence.
In par cular, the new competences of the BP in the area of preven ng, detec ng, and comba ng
illegal migra on include:
- finding, examining and applying sanc ons for offences related to the illegal stay of the
foreigners detected in the border zone; and referral to BMA of the foreigners staying illegally in
the border zone;
- undertaking special inves ga on and criminal processing measures for offences related to
illegal migra on, as well as forensic exper se of the travel documents, so as to verify their
authen city;
- ensuring control over migra on in the BCP;
- receiving asylum applica ons and applica ons for any other protec on form at the state
border, and referring of asylum seekers to BMA, according to the set procedure;
98
Law on Border Police No. 283 of 28.12.2011.
47
- providing support to BMA for carrying out the readmission procedure;

- applying measures for banning the entry of foreigners, who have overstayed the legal stay
period on the territory of the country and who are not subject to return measures on the
territory of the country;
- undertaking ac ons for preven ng, detec ng, and counterac ng illegal migra on via
patrolling ac vi es, fulfilled inclusively via mobile teams, at the green border, and in the
border zone.
As a result of the reform, the BP was structured according to three levels, from the perspec ve of
its mission, organiza onal competences, and decision-making level: strategic, opera onal and local.
The strategic level is ensured by the central structure, BPD, the units of which are coordinated by the
chief of the BP and the two deputy chiefs. For the purpose of fulfilling the new competences in the
area of special inves ga on, criminal prosecu on, and forensic exper se of the travel documents,
new corresponding divisions were established. The opera onal level includes 4 Regional Divisions
(North, South, West, East) and the sector “Interna onal Airport Chisinau” with the status of a division.
There are 41 sectors of the BP at the tac cal level, which are under the subordina on of the Regional
Divisions (RD). The sectors are located at the “green border”, and some of them have in subordina on
the 56 BCP under the control of the RM authori es. Special inves ga on and criminal prosecu on
subdivisions were established as well at the RD level. For experimental purpose, posi ons of special
inves ga on officers were established at the level of BP sectors in the RD West. Based on the obtained
results, these posi ons could be extended to cover other RD as well.
In the same context, the ins tu on has recently established mobile subdivisions at the central
and regional levels. To fulfill efficiently the mission of comba ng illegal migra on and cross-border
crime, it is important to have adequate equipping and to develop the standard opera on procedures
for the newly created structures.
BPD has under its subordina on as well the Center for technical-material supply and maintenance
of buildings (CTMSMB) and the Border Police Na onal College (BPNC), the ins tu on that ensures the
professional training of border police officers. These two, as well as the RD are legal en es with their
own budgets – this being a result of the decentraliza on of ins tu onal processes.
BP is the first na onal authority which interacts with asylum seekers or applicants for any other
form of protec on, who come to the state border with the RM. Hence, the par cipa on of the
ins tu on in the asylum procedure implies the existence of specially arranged premises to shelter
asylum seekers, so as to ensure their human treatment, before they are taken over by the BMA.
Currently, such premises were arranged only in 8 BCP and sectors of the BP.
Human resources, professional training, and an -corrup on measures

In the context of the ins tu onal reform and demilitariza on of the personnel, currently the BP
has border police officers and technical service personnel. The compulsory military service was
replaced by individual work contracts. The Government Decision No. 434 of 19.06.2012 on BP sets
forth the limit-number of personnel under the BP for 3496 personnel units, of which 240 (6.8%) are
meant for technical service posi ons.99 These are distributed by hierarchical levels, based on the
enrollment schemes set by the MIA for the BPD, and by the head of BP for the subdivisions of the
100
ins tu on – regional divisions, BP Sector “Interna onal Airport Chisinau”, CTMSMB and BPNC. It is
99
Government Decision No. 434 of 19.06.2012 on Border Police
100
Ibidem.
48
REPUBLIC OF MOLDOVA
important to men on that 21% of the employees of the ins tu on are women, represen ng a
significant increase as compared to the previous years. The BP HR policy, in general, encourages the
recruitment of female border police officers.101 Nevertheless, female border police officers could be
encouraged to accede to management posi ons, so as to increase the share of women in
management posi ons within the BP.
In spite of the high employment rate, of about 93%, the opera ve level of the personnel with
control du es is s ll low in rela on to detec ng illegal border crossing. One of the iden fied causes is
the real deficit of personnel, especially at the tac cal level. It is important as well to men on about the
lower density of border police officers per km of border as compared to the neighboring and European
countries. The most acute need is to increase the limit-number of personnel for the posi ons with
direct du es of border control.
The professional training system within the BP is coordinated by the Division of Professional
Training and the General Division of Human Resources and includes ini al and con nuous training.
The ini al and con nuous training of the border police officers is ensured by the BPNC,
established in 2007102and the Academy “Stefan cel Mare” of the MIA (Academy).
The BPNC provides the standard ini al training program for a dura on of 2 years, for the graduates
of schools and lyceums, and an intensive course for a dura on of 6 months (4 months for the academic
course and other 2 months for internship in the territorial units of the BP), for the newly recruited
personnel of the BP with university educa on. The educa on, training program and academic
curricula of the BPNC are harmonized for almost 78% with the Common Core Curriculum for Border
Officials (CCC) (the difference up to 100% would be the topics that are not applicable for the RM).103
For the ini al training of the BP officers, the Academy provides a university program for a dura on
of 4 years in the specializa on of Border Security under the Police Science Faculty.104 The training
program includes: specializa on subjects ensuring the accumula on of knowledge and development
of professional prac cal skills for preven ng and comba ng irregular migra on and cross-border
crime, which are necessary for fulfilling the new ins tu onal du es of the BP; basic subjects in the law
area; other general subjects and prac cal internships in the territorial units of the BP. Star ng with the
university year 2013 / 2014, the academic program for ini al training of the BP officers included as
well the subject of “Migra on Management for BP”, which is based on the training course developed
within the IOM MIGRECO Project . The graduates of this specializa on are licensed in law, acquiring as
well the status of border police officer. The training process is adjusted to the requirements of the
Bologna Process. Con nuous training is ensured by the Ins tute of Con nuous Professional Training
and Applied Scien fic Research of the Academy.105
Con nuous training is carried out on the job regarding the following topics: comba ng trafficking
in persons, smuggling, and irregular migra on, detec ng false documents and stolen vehicles, risk
analysis, patrolling, issuance of visas at the border and receiving asylum seekers at the border. On-the-
job training at the regional and local level is organized by the training structures of the regional
101
Strategic Development Program for 2015 – 2017 approved via the Order of the Border Police Department Chief No. 149 dated
28.03.2014.
102
Government Decision No. 23 of 10.01.2007 on the Na onal Board of Border Police
103
Government Decision No. 1005 of 10.12.2014 approving the Na onal Strategy of Integrated State Border Management for 2015 –
2017.
104
Regula on of organiza on and development of admission to higher educa on – Bachelor Degree (cycle I) in the Academy “Stefan
cel Mare” of the MIA, approved via the Senate Decision No. 6 of 22.05.2014.
105
History of the Professional and Managerial Development of the Police Academy “Stefan cel Mare”. h p://academy.police.md/499.
Accessed on October 30, 2014.
49
direc ons. Also, the BP has benefited from trainings provided by foreign trainers, carried out by
na onal educa on ins tu ons or supported by foreign partners - EUBAM, FRONTEX, OSCE, IOM,
Embassies of US, Germany, Austria, France, Ministry of Foreign Affairs of Poland, etc.
For the purpose of suppor ng the training process, the BP intends to develop the e-learning
system. Although there was ini ated the training of the BPD personnel in mastering English, it is
necessary to train as well the personnel from the territorial units, especially from the BCP.
Neither the Academy nor the BPNC are currently endowed with sufficient equipment to provide
prac cal training, in similar condi ons to those exis ng at the border.
In spite of the na onal norma ve framework, which provides enough mechanisms for
preven ng, comba ng, and sanc oning of corrup on acts, the corrup on problem s ll persists at all
levels of society, including in the law-enforcement agencies. Hence, according to a na onal public
opinion poll carried out in 2013, the BP is perceived as the most corrupted ins tu on of the MIA106,
indica ng the nega ve image of this ins tu on in the society. For the purpose of preven ng and
comba ng corrup on risks and increasing personnel integrity, the BP carried out a number of
an corrup on measures, based on an ins tu onal integrity plan, among the most important being
the following: monitoring the observance of internal order; organiza on of unannounced controls in
subdivisions; measures for preven ng corrup on in selec ng, employing, promo ng the personnel;
inter-agency and interna onal coopera on in the area of iden fying interna onal criminal networks
involving corrupted border police officers. There was launched the an corrup on hotline and online
chat on the web page of the BP, providing the possibility of direct no fica on of corrup on cases
commi ed by the border police officers. An important measure represents the approval via the Order
of the BPD Chief of the Deontological Code of the Border Police Officer and the training of the
107
personnel regarding the provisions of the respec ve code. Another preven ng measure is the
introduc on by the BPNC, with the support of the Na onal An corrup on Center, of a module in the
training program about the legisla ve regula ons in the area of preven ng and comba ng corrup on.
Hence, 12 out of the 424 duty inves ga ons ini ated by the Specialized Division of the BPD in 2013
referred to corrup on and afferent ac ons.
Budgetary planning and financing
The budgetary planning is carried out annually based on the es ma ons in the Mid-Term
Budgetary Framework, in line with the mid-term governmental programs, policies, and strategies,
state budget expenditure limits set by the MF for the central public authori es and budgetary
expenditures proposals provided by such authori es. Being a subdivision of the MIA, the BP develops
and submits to the MIA proposals for its budgetary expenditures for the next year within the limits set
for the ins tu on. In spite of the increase by 39.24% of the alloca ons from the state budget for the BP
in 2013 (247864,8 thousand lei) as compared to 2010 (150613,2 thousand lei), this is mainly based on
the expenditures meant for the personnel (salary increase by 14%).108 In general, the highest
expenditures from the BP budget are allocated to pay the salaries to the personnel, the total amount
accoun ng for 79% in 2013. This fact reveals the limited capacity of the state budget to cover other
necessary costs for developing the state infrastructure and equipping. For instance, from the amount
of 20 million lei requested for carrying out capital investments in 2015, only 3 million lei were
allocated, represen ng 15%.
106
Barbăroşie A.,Pîntea I. (2013) Evalua on of the public trust level in police ins tu ons. Chisinau, IPP
107
Order of the BPD Chief no. 500 of 21.11.2013 approving the Deontological Code of the Border Police Officer.
108
Order of the BPD Chief no. 149 of 28 March, 2014 approving the Strategic Development Program of the Border Police for 2014 – 2016.
50
REPUBLIC OF MOLDOVA
The BP budget is established based on the alloca ons coming from the state budget (99.6%) and
special means (0.4%), obtained from fee-based services provided by the ins tu on and foreign
sponsorship.
It is important to men on that a financing source for the BP, especially for developing the
infrastructure, equipping with fixed and mobile assets and equipment for surveillance and control of
the state border crossing (at the level of recommenda ons set in the Schengen Code) would be the
foreign assistance projects, implemented via budget-support programs, dona ons of equipment, etc.
In the context of the significant deficit of financing, the capacity of the ins tu on to a ract foreign
funds and to manage projects is s ll low.
Intra-agency, inter-agency and interna onal coopera on support the implementa on of the
IBM concept in Moldova and serve as basis for implemen ng the na onal mechanism of border
control coordina on.
On one hand, the intra-agency coopera on uses a top-down approach to coordinate ac ons,
informa on flows from the central to the level of regional and local units regarding the new legisla ve
provisions, regula ons, and opera on procedures, etc. On the other hand, it also uses a bo om-up
approach by sending the informa on from the BCP and sectors to the central structures of the BPD for
storing the data, analyzing informa on, and suppor ng opera ons at the regional / local levels.
The process of collec ng, storing and analyzing data on state border management at all the levels
of the ins tu on is supported by the Informa on System (IS) of the BP, established based on the
Government Decision No. 834 of 07.07.2008. It is set from three informa on systems suppor ng the BP
ac vity: IS for keeping the records on state border crossings; IS for state border surveillance, and the IS
for risks management. The IS of the BP encounters a number of func onal difficul es: lack of
interac on between the component systems, lack of centraliza on of data on state border surveillance,
and the lack of a mechanism for collec ng automa cally the data on risk analysis at the local level. Also,
the BP has no electronic database for registering contraven ons, but intends to get connected to the
integrated database which will be created at the MIA level for all its subdivisions. All these cause
difficul es for the process of collec ng, storing, and analyzing the data in between the different
direc ons of the BPD, not allowing the integrated analysis of the informa on at the level of the
ins tu on. For the purpose of exchange of informa on and coordina on of ac ons at the na onal level
in preven ng and comba ng irregular migra on and cross-border crime, IS of the BP interacts with the
informa on systems of other na onal and interna onal authori es; among the most important being
the following: IS Migra on and Asylum, managed by the BMA, IS Visa Management of the General
Division of Consular Affairs of the MFAEI, State Register of Popula on, State Register of Transporta on
Means, administrated by the State Enterprise ”CRIS Registru”, IS FRONTEX, Virtual aula, the system
aiming to inform about the EU policies in the area of comba ng irregular migra on and cross-border
crime, IS Interpol etc. It is necessary to develop further on the interconnec on solu ons and mutual
access to the data contained in these systems, and in other relevant na onal and interna onal IS.
For the purpose of developing inter-agency coopera on in the area of preven ng and comba ng
irregular migra on and cross-border crime, management of situa ons in the border zone and the
exchange of informa on, the BP signed inter-agency agreements with over 34 na onal authori es
with direct or related responsibili es in the area of IBM; among the most important ones being: BMA,
CCTP, General Division for Consular Affairs under the MFAEI, GPI, MITC, etc. The coopera on
agreements regulate the specific forms and areas of coopera on between the ins tu ons, as well as
the way in which the exchange of informa on is performed between these ins tu ons.
51
Inter-agency coopera on is essen al in the context of ini a on by the BP of the process for
implemen ng a na onal mechanism for coordina on of border control, in line with the European
Border Surveillance System (EUROSUR). In this respect, BP coordina on centers were established at
the central, regional, and local levels, which are responsible for exchange of informa on with the
par cipa ng na onal authori es, as well as with the authori es of the EU countries and neighboring
states, and FRONTEX, for the purpose of being informed about the situa on at the country's borders
and suppor ng the coordinated management of the threats related to irregular migra on and cross-
border crime, ensuring at the same me migrants' fundamental rights. BP envisages making these
centers fully opera onal by the end of 2017. Hence, it is necessary to equip them adequately,
especially the coordina on centers at the regional and local levels, to train the personnel, and to
ensure the interoperability with the informa on and communica on systems of the na onal
authori es, EU member states, other relevant European and interna onal agencies.
Serving as basis for the European IBM concept, the development of the interna onal coopera on,
including with the neighboring countries and FRONTEX in the area of border management,
represented one of the reference condi ons for liberaliza on of the visa regime of the RM with the
EU/Schengen countries.109 The interna onal coopera on ac vi es of the BP support the efficient
exchange of informa on and sta s cal data for such purposes as risk analysis, joint border control,
joint or coordinated border patrolling, and coopera on with FRONTEX etc.
Cross-border coopera on, exchange of informa on, and risk analysis
BP exchanges informa on and sta s cal data for analyzing the risks related to irregular migra on
and cross-border crime, based on the bilateral agreements signed with the neighboring countries, EU
member states, CIS and third countries.
RM concluded a number of bilateral agreements with Romania and Ukraine in different border
related areas. The coopera on with the two neighboring countries is materialized in annual plans,
periodical mee ngs organized at the strategic, opera onal and tac cal levels; and refers to the joint
risk analysis, exchange of experience, informa on and sta s cal data, etc. The Joint Contact Center
was established in Gala based on the intergovernmental agreement signed by the RM and Romania.
Five BP liaison officers work in this center.110 The center facilitates the exchange of informa on and
performs joint ac vi es for comba ng irregular migra on and cross-border crime.
The Moldovan authori es plan to nego ate and sign a similar agreement with Ukraine for se ng
joint contact points at the Moldovan-Ukrainian border. Meanwhile, with the EUBAM support, the
border and customs authori es of the RM and Ukraine have ini ated since 2013 the common analysis
of risks at the joint border and the development of Common Border Security Assessment Report.
Cross-border coopera on and informa on exchange agreements/protocols were signed with all
EU member states (Latvia, Lithuania, Estonia, Poland, Hungary) and non-EU countries (Ukraine,
Belarus, Kazakhstan, Georgia, Russia).111
Joint border control
For the purpose of facilita ng persons' mobility and reducing the wai ng me when performing
border control, the border authori es of the RM and Ukraine perform joint control in 4 road border
109
EU – Republic of Moldova Visa Dialogue. Ac on Plan on EU visa liberaliza on, Brussels, 16.12.2010
110
Report from the Commission to the European Parliament and the Council. Fourth Report on the implementa on by the Republic of
111
Moldova of the Ac on Plan on Visa Liberaliza on., Brussels, 21.06.2013
Report from the Commission to the European Parliament and the Council. Fourth Report on the implementa on by the Republic of
Moldova of the Ac on Plan on Visa Liberaliza on., Brussels, 15.11.2013
52
REPUBLIC OF MOLDOVA
crossing points with interna onal regime: Giurgiules -Reni, Larga-Kelmen , Criva-Mamaliga, Briceni-
Rossosani. The joint control is carried out based on the Agreement signed between the RM
Government and the Ukrainian Cabinet of Ministers on organiza on of joint control in the BCP of the
Moldovan - Ukrainian state border on September 11, 1998 and 4 addi onal protocols signed between
the border and customs authori es of the RM and Ukraine in January 2004112. Based on a pilot
ini a ve, the most integrated joint control procedures for exit/entry direc ons are registered at the
BCP Briceni-Rossosani. There are plans and a real interest to build the necessary infrastructure for
carrying out the joint border control with Ukraine in other BCP, for instance at the BCP Palanca –
Maiaki – Udobnoe. There is no BCP with joint border control at the Moldovan-Romanian border.
Joint or coordinate border patrolling
Star ng in June 2012, the authori es at the Moldovan and Ukrainian border perform joint border
patrolling. The legal framework for the joint patrolling is provided by the Agreement signed between
the RM Government and the Ukrainian Cabinet of Ministers on joint patrolling of the Moldovan –
Ukrainian state border, signed on 22.12.2011. It became a posi ve prac ce, which contributed to
detec ng the cases of illegal migra on organiza on and illegal stay. EUBAM has contributed to
developing confidence between the border services of the both countries and the new prac ce was
enforced under the umbrella of the mission.
Due to the peculiar nature of the Moldovan – Ukrainian border located on running water bodies,
the Moldovan and Romanian authori es carry out coordinated patrolling on the River Prut and the
joint sector of the Danube River. Coordinated patrolling started in 2012 based on the Protocol
concluded between the RM Border Guard Service and the MIA of Romania via the General Border
Police Inspectorate for enhancing coopera on at the central and territorial levels (signed on
29.11.2011).113
Coopera on with European and interna onal partners
Coopera on and exchange of informa on is also carried out with European and interna onal
agencies for police coopera on, such as SELEC, Interpol, Europol, via the Police Coopera on Center of
the GPI of the MIA. Although the BP par cipates in coopera on pla orms with other third countries
from the CIS via the Council of Border Guard Services Commanders of CIS and GUAM (Organiza on
for Democracy and Economic Development114), they do not represent solid pla orms for informa on
exchange.
BP cooperates efficiently with FRONTEX based on the Working Arrangement signed on
12.08.2008 and the joint plans developed for 3 years. Currently the BP is in the process of signing the
Coopera on Plan for 2015–2017. The areas of coopera on refer to: exchange of informa on /
analy cal products / alerts and services; risk analysis and development of joint analy cal products,
par cipa on in joint opera ons, training, and surveys. For the purpose of enforcing the coopera on
plans, in December 2012 a FRONTEX Na onal Contact Point was created within the BPD. The
112
Protocols between the Department of Border Troops of the RM, Customs Department of the RM, and State Border Service
Administra on of Ukraine, the State Customs Service of Ukraine for organiza on of joint control at the road interna onal BCP „Larga -
Kelmen ”, „Giurgiules – Reni”, „Criva - Mamaliga”, „Briceni - Rossosani” signed on January 12, 2004.
113
RM Government Decision No. 993 of December 23, 2011 approving the Protocol between the Border Guards Service of the RM and
the Ministry of Public Administra on and Interior of Romania, via the General Border Police Inspectorate for enhancing coopera on
at the central and territorial levels, signed on November 29, 2011, Iasi, 2011.
114
Coopera on in border zone with GUAM is carried out based on a Collabora on Protocol signed between the border services of the
GUAM states.
53
coopera on with FRONTEX in the area of risk analysis is carried out through par cipa on of the BP in
the Eastern Border Risk Analysis Network (EB-RAN). In this respect, the BP takes part in developing the
annual risk analysis reports of the EB-RAN. The informa on exchange is performed with FRONTEX on
monthly basis. Also, BP par cipates in joint opera ons with FRONTEX at the terrestrial border
(„Poseidon”), air border („Flexi Force Air”, „Alexis II Air”) and mari me border („Minerva”, „Hermes”)
of the EU.115 These opera ons include the control of irregular migra on flows towards EU countries
and comba ng of cross-border crime, documents' exper se, verifica on at the entry and exit gates in
the airports of Schengen and non-Schengen countries, etc.
An important aspect for developing the coopera on within IBM and an inherent element of the
European model of access structured in four levels, adopted by the RM, would be implementa on of
measures in third countries for preven ng and comba ng irregular migra on and cross-border crime.
The respec ve measures in the third countries may be undertaken in coopera on with the relevant
na onal authori es of these countries or with the representa ves of the diploma c or consular
representa ons of the RM in such countries, or with other relevant organiza ons. Although the legal
and ins tu onal frameworks allow this approach, the BP of the RM does not have the necessary
resources for carrying out ac ons in third countries. Such ac ons imply the ac vity of the liaison
officers and experts in documents' area in the countries of origin and transit with high migra on
poten al, training for diploma c and consular personnel in documents' exper se, coopera on and
informa on exchange with the diploma c and consular missions of the RM abroad and those of the
countries of origin and third countries with migra on risk for RM.116
In conclusion, the ins tu onal reform of the BP has determined the structural op miza on,
decentraliza on of decision-making processes, ini a on of the professionaliza on process, as well as
the development of intra-agency, inter-agency, and interna onal coopera on for implemen ng
policies in the IBM area, for comba ng illegal migra on and cross-border crime. However, the BP
needs for fulfilling the newly appointed competences are the following:
- Building capaci es of the BP mobile teams and development of coopera on with other law
enforcement bodies with related competences;
- A ribu ng the coordina on task of the NCISBM to the Ministry of Interior and crea ng
specialized commission for coordina ng and monitoring the implementa on of the objec ves
set in the ISBMS, and involving the civil society in the ac vity of the consulta ve body;
- Increasing the limit-number of employees of the BP with the necessary number of func ons
for carrying out the border control mandate according to the European standards and
prac ces, as well as those of the neighboring countries, for increasing the efficiency of the
ac ons focused on comba ng illegal migra on and cross-border crime;
- Training the personnel in areas that might support increasing ins tu onal capaci es
(leadership, project design and management, strategic planning, foreign languages, human
rights, public communica on, forensic analysis of informa on);
- Adequate equipping of the educa onal ins tu ons training border police officers with all
necessary devices for prac cal training; development of the distance training system, e-
learning, for the BP units at all the levels;
- Implementa on of new methods to prevent and combat corrup on: installing video cameras
in the control booths at the BCP, introducing personnel rota on policy, informing the ci zens
115
Informa on provided by the FRONTEX Na onal Contact Point, established within the BP.
116
European Commission. Guidelines for IBM in EC External Coopera on, Brussels, November 2009.
54
REPUBLIC OF MOLDOVA
and the BP personnel about the corrup on risks, conduct rules for border police set forth in
the Border Police Officer's Deontological Code, ins tu on's ac vity areas, opinion polls on
corrup on percep on and quality of the services provided by the border police, carried out
through the web page of the BP and in the BCP, etc.;
- Reducing the gap between the budgetary expenses for personnel and maintenance and
opera onal costs by increasing the budgetary alloca ons meant for infrastructure
development, procurement and maintenance of equipment;
- Establishing an inter-agency working group, with the involvement of the MFAEI and other
relevant na onal authori es, for coordina ng preven on and comba ng of irregular
migra on in third countries, including: exchange of informa on with RM embassies and
consulates abroad; evalua on of possibili es to send liaison officer-at large appointed to
operate in two or more countries with high risk of irregular migra on or appoin ng such tasks
as informa on exchange and coordina on of border and related (migra on) issues to a
diploma c or consular officer from the respec ve countries; training diploma c and consular
personnel of the RM missions abroad in the area of documents' exper se;
- Crea ng special premises for sheltering asylum seekers, undesirable persons, and persons
with entry interdic on, to ensure their human treatment in all the BCP and BPS.
4.3. CENTER FOR COMBATTING TRAFFICKING IN PERSONS

The Center for Comba ng Trafficking in Persons (CCTP) was established in 2006 based on the
Law on Preven ng and Comba ng THB of 20.10.2005, as a subdivision with the status of Division of
the MIA. According to the respec ve law, the CCTP was a ributed competences in the area of
inves ga on and criminal prosecu on of such crimes as THB, trafficking in children and other related
offences (organiza on of illegal migra on, pimping, illegal removal of children from the country, child
pornography, etc.). As a result of the ins tu onal reforms of the MIA, the CCTP has undergone a
number of reorganiza ons. The most recent one was carried out within the ins tu onal reform of the
MIA, as well as of its subordinate and deconcentrated structures, during 2011 – 2014. Based on this
reform, in March 2013, the CCTP was included with the status of Division within the composi on of
the Na onal Inves ga on Inspectorate – a subdivision of the GPI of the MIA.
CCTP includes sec ons with administra ve personnel, criminal inves ga on and prosecu on
officers, analysts, officers dealing with training and provision of methodological and prac cal support
to other police units in the area of preven ng and comba ng THB, and related offences.
In line with the new reorganiza on, the CCTP has the following mandate:
- detec ng, inves ga ng, and prosecu ng the cases of THB, trafficking in children, and related
crimes;
- analyzing the trends and risks related to THB;
- referring THB vic ms to assistance provision services;
- providing methodological and prac cal support for police units in detec ng, inves ga ng and
prosecu ng THB cases;
- preven ng THB through proac ve police interven ons focused on iden fica on of poten al
vic ms; and dissemina on of informa on regarding the THB phenomenon through mass-
media and relevant specialist NGOs.
As a result of the last ins tu onal reform, the CCTP got more specialized for the purpose of
strengthening its role of specialized unit of the GPI in the area of comba ng THB. The ins tu on has
55
adopted a new policy - case intake policy, implying the focus of resources on inves ga ng THB cases,
taking into account the complexity of such cases.117 The new policy includes monitoring and taking over
from other unspecialized authori es the cases related to THB and related crimes, specializa on of CCTP
officers by dis nct forms of exploita on, iden fica on and deten on of all offenders up to the country
of des na on and not only of those with episodic role. As well, the interna onal police coopera on
was intensified, including via op miza on of informa on exchange and diversifica on of tools.
In this context, the competences were divided clearer between the CCTP and other law
enforcement bodies, based on specializa on and not on exclusive competences. In par cular, the
CCTP has maintained the basic competences in the area of comba ng THB and related offences. The
direct competences regarding the criminal inves ga on and prosecu on of illegal migra on
organiza on cases were taken over by the BP, the new subdivision of the MIA, together with other
related competences, including the analysis of the phenomenon, development and promo on of
legisla ve ini a ve for comba ng this crime. The BP has been a ributed, as well, the func on of
examining the THB cases detected at the border. There is no delimita on based on provision of
exclusive competences to the CCTP in the area of comba ng THB, and the BP – in the area of
comba ng organiza on of illegal migra on. Such delimita on was not perceived as being efficient, as
it did not allow cross-cu ng and complex approach of such phenomena.
Inter-agency coopera on aims to support the fulfillment of the CCTP du es regarding the
comba ng of THB and related crimes, together with other law enforcement authori es with
responsibili es in this area. In this respect, the CCTP cooperated with the Sec on for Comba ng
Trafficking in Human Beings of the General Prosecutor's Office (GPO), BP and BMA, subdivisions of the
MIA, and other na onal law enforcement authori es , including within the Coordina ng Council of
Law Enforcement Bodies under the GPO118.
Based on the Coopera on Agreement signed between the BPD and CCTP, the ins tu ons have
established coopera on mechanisms in the areas of mutual interest, such as exchange of informa on,
joint products of risk analysis (reports, risk profiles regarding THB), joint ac ons and opera ons for
preven ng, detec ng and comba ng THB and organiza on of illegal migra on, trainings in the area of
comba ng THB, mutual consulta ons, etc. Hence, based on exchange of informa on and mutual
consulta ons, as well as via the implica on of the GPO, it is possible to transfer the THB cases detected
by the BP to the CCTP, and vice-versa – the cases of illegal migra on organiza on detected by the CCTP
to the BP.
In the context of the visa liberaliza on process with the EU/Schengen countries and the EU
associa on process ini ated by the RM, there was es mated the risk for transforma on of the RM into
a transit and/or des na on country for trafficking in persons with foreign ci zenship. Hence, there
was acknowledged the need of a more intense coopera on between the CCTP and BMA, especially in
the area of detec ng the suspicious cases of trafficking in foreigners staying illegally on the territory of
the country. The coopera on between the two authori es was just ini ated, but it was not formalized
by signing a coopera on agreement establishing the objec ve, area, and forms of coopera on or
development of some joint inter-agency procedure.
Informa on exchange and risk analysis
CCTP analyzes informa on about the crime situa on in the area of THB based on a new
117
US Department of State. The State Department 2013 Trafficking in Persons Report , Washington, 2014 .
118
Na onal Commi ee for Comba ng THB. Na onal Report on Preven ng and Comba ng THB for 2012, Chisinau, 2013.
56
REPUBLIC OF MOLDOVA
methodology launched at the beginning of 2014, regula ng the exchange of informa on with the
authori es with criminal inves ga on competences in the RM. The Automated Integrated Informa on
System keeping the records about offences, criminal cases and perpetrators (SIIAICP), managed by the
MIA, represents a tool for collec ng, exchanging informa on, and managing relevant data in the
area.119 As a result, in October 2014, the CCTP published the first strategic analysis report of the RM
Police regarding the THB phenomenon “Monitoring trafficking in persons – analyzing the current
status and dynamics of offences for 2013”.120
SIIAICP ensures the registra on, gathering, and analysis of data on THB, with the support of other
law enforcement bodies and in line with the legal framework in force.121 Hence, all the law
enforcement authori es in the RM with competences related to this area have authorized access to
register informa on on examined THB cases. Presently, the IS is being updated to ensure the adequate
classifica on of THB crimes.
As well, the CCTP has par cipated together with other law enforcement authori es (BPD and
BMA) in the first exercise of joint risk analysis, resul ng in a joint report on illegal migra on and cross-
border crime for the I semester of 2013. The coopera on will con nue in the Joint Working Group,
created at the beginning of 2014, in the area of risk analysis related to comba ng illegal migra on,
organized crime and cross-border crime, including trafficking in persons. The group includes law
enforcement authori es with transversal du es in the area of comba ng cross-border crime, illegal
migra on, THB and other related crimes.
The ins tu onal reform of the CCTP has contributed to the more focused specializa on and
consolida on of ins tu on's capaci es in comba ng THB. However, the following ins tu onal needs
can be s ll iden fied:
- Signing a coopera on agreement between the CCTP and BMA for se ng the areas and forms of
coopera on, carrying out periodical mee ngs and consulta ons related to topics of common
interest; se ng mechanisms and development of joint iden fica on procedures and
interven ons in poten al cases of THB among foreigners illegally staying on the territory of the
country or asylum seekers; carrying out THB informa on and preven on measures in the
shelters for foreigners and asylum seekers, managed by the BMA;
- Increasing the HR capaci es of the CCTP in the area of risk analysis, methods for inves ga ng
the financial aspects of the THB crime, and training for transfer of experiences, knowledge, and
training of law enforcement bodies' specialists;
- Organizing wide public informa on campaigns about THB and related crimes for the general
public and vulnerable groups iden fied based on the analy cal products developed by CCTP etc.;
- Dissemina ng and exchanging good prac ces of comba ng THB and related crimes of the RM
with: neighboring, source, and des na on countries of THB vic ms and related crimes; other
countries, as well as in interna onal forums.
4.4. MINISTRY OF FOREIGN AFFAIRS AND EUROPEAN INTEGRATION

Ministry of Foreign Affairs and European Integra on (MFAEI) fulfills the foreign policy of the RM
in line with the na onal interests, including the process of European integra on of the country.122 The
119
Law no. 216 date 29.05.2003 on SIIAICP.
120
CCTP, Report „Monitoring the situa on in the THB area – analysis of current situa on and crime dynamics for 2013”. Chisinau, 2014.
121
Law on Preven ng and Comba ng Trafficking in Human Beings of 20.10.2005.
122
57
MFAEI develops the visa policies, issues visas for entering the territory of the RM and travel
documents for Moldovan ci zens, provides consular services, and protects Moldovan ci zens staying
abroad through the diploma c missions and consular offices from abroad. The MFAEI nego ates on
behalf of the RM or par cipates in nego a ng interna onal trea es and agreements, including in
migra on area. This ministry also has an important role in ensuring Moldova's par cipa on in a
number of interna onal pla orms and consulta ve processes in migra on area, examining and
formula ng proposals for adjus ng the na onal policies to the European standards.
MFAEI coordinates the European integra on processes and its main priority for 2014 was the
implementa on of the Associa on Agreement between EU and RM.
The reform process for implemen ng the EU – Moldova Ac on Plan on visa liberaliza on
structured in the Na onal Ac on Program coordinated by the MFAEI through an inter-ministerial
working group, represents a posi ve prac ce that may be taken over in the migra on management
streamlining ac ons. It has ensured the distribu on of work and responsibili es for every ins tu on.
As a result, the condi ons of technical nature, requested by the EU for the liberalized visa regime were
adopted rela vely rapidly. Some difficul es existed in adop ng the laws related to comba ng
corrup on, discrimina on, and implementa on of reforms within law enforcement bodies. The
governmental authori es have proved that RM can channel its efforts and find solu ons for European
integra on.123
Important progress was obtained by RM for mee ng the criteria for visa regime liberaliza on in
rela on to documents' security, including biometrical security (index 9.5) and illegal migra on
control, including readmission (8.2). The reforms in the area of public order and security (index 7.8)
and foreign rela ons and fundamental rights (index 8) are more modest.124
For the purpose of fulfilling the condi ons set by EU for the European integra on of the RM, there
was created the Governmental Commission for European Integra on125 led by the Prime Minister,
which meets at least once per month and adopts the most important decision related to the European
path of the RM. In addi on, there were created 3 working groups for discussing the ac ons and
problems related to RM European integra on: 1. the Working Group on Visas, Borders, and
Transnistria; 2. Agriculture; 3. Regional Development. The migra on management ac ons were
developed by the Working Group on Visas, Borders and Transnistria, which held its mee ngs in 3
formats: experts, deputy ministers, and ministers.
Another dimension in the MFAEI ac vity is the Mobility Partnership (MP).126 Using this tool, the
RM has commi ed itself to implemen ng a framework of projects to assist the efficient management
of migra on, having 15 EU member-states as partners. The RM implements 94 projects within the MP
in different areas: (i) building ins tu onal capaci es in migra on management area; (ii) promo on of
legal migra on; (iii) enhancing rela ons with Diaspora; (iv) promo on of Moldovan migrants' return
and reintegra on; (v) efficient investment of remi ances; (vi) border surveillance and documents'
security; (vii) coopera on in the fight against illegal migra on and THB, etc.
The above-men oned reveals that the MFAEI is the ministry coordina ng the European
123
See: Litra L. It's me for a liberalized visa regime for the Republic of Moldova.
h p://viitorul.org/doc.php?l=ro&idc=358&id=4248&t=/PUBLICATII-PERIODICE/Bule n-de-poli ca-externa/E- mpul-pentru-un-
regim-liberalizat-de-vize-pentru-R-Moldova
124
Batory Founda on, June 2013. h p://monitoring.visa-free-europe.eu/block/1
125
126
The decision to ini ate the dialogue with the RM in the area of the MP was adopted by the EU Council for Jus ce and Home Affairs on
December 6-7, 2007. Joint Declara on on MP of RM-EU was signed on June 5, 2008. RM and Cape Verde are the first pilot countries.
58
REPUBLIC OF MOLDOVA
integra on of the RM and it succeeded to set up func onal working groups in this direc on. We
cannot point out any gaps in the ac vity of the MFAEI, but we would like to note the following exis ng
needs:
(i) increasing the capaci es of human resources in using the exis ng data, harnessing the exis ng
data and studies (EMP, surveys on Moldovan Diaspora abroad, scien fic diaspora, etc.) and
developing, monitoring and assessing the public policies in the area of migra on;
(ii) establishing partnerships with the civil society, including with the academia for discussing the
exis ng problems and analyzing them from mul ple perspec ves, including discussion about
the key priori es;
(iii) dissemina ng “best prac ces” and “lessons learned” to other states that signed the Joint
Declara on on MP with EU, and consolida ng the regional and interna onal dialogue in the
migra on area (for instance with the Global Forum for Migra on and Development);
(iv) keeping the records of the children born by Moldovans abroad and developing together with
the BDR of some ac ons for these children, which would allow them ge ng to know the
na ve language, the na onal culture, and which would provide them the possibility to return
and to reintegrate in the RM in the future.
4.5. MINISTRY OF LABOR, SOCIAL PROTECTION AND FAMILY

The Ministry of Labor, Social Protec on and Family (MLSPF) and its subdivisions, especially the
Migra on Policies Sec on, Labor Reports and Social Partnership Division, Human Resources
Development and Employment Policies Division, Social Assistance Policies Division, Social Insurance
Policies Division, Gender Equality Assurance and Viola on Preven on Policies Division, Family and
Child Rights Protec on Division have the following competences in rela on to migra on:
(i) development and promo on of norma ve acts related to work condi on, legal and social
protec on of migrant workers;
(ii) development, nego a on and signature of bilateral agreements regula ng labor force
migra on flows;
(iii) adjustment of labor legisla on to the interna onal standards;
(iv) development of na onal employment programs and strategies;
(v) coordina on of opera on of the na onal system of social assistance;
(vi) development of dra norma ve acts on comba ng THB;
(vii) repatria on of children from abroad, etc.
The Na onal Employment Agency (NEA) is an ins tu on subordinated to the MLSPF with a
mandate in the migra on area. It par cipates in implemen ng labor migra on policies, monitoring
the ac vity of the private employment agencies; it has important du es in the area of labor migra on
management (issuance, extension, and cancella on of work permits for foreigners and stateless
persons, as well as the development of the mechanisms for employing Moldovan ci zens abroad,
coordina on of private employment agencies' ac vi es, reintegra on on the local labor market of the
Moldovan ci zens returned from abroad). The NEA mandate in the area of labor migra on includes:
examining the applica ons of legal en es and individuals on employment of foreigners; issuance of
decisions regarding the issuance, prolonga on, and cancella on of work permits for foreigners and
stateless persons; par cipa on in developing the policies related to external migra on of labor force;
coordina on of private employment agencies' ac vi es related to ci zens' employment abroad; the
du es in the area of interna onal rela ons are the following: promo on of collabora on programs
59
and agreements with interna onal organiza ons, governmental ins tu ons, and NGOs in the
employment area, professional orienta on and training, social protec on of unemployed persons;
par cipa on in establishing foreign rela ons of collabora on and technical coopera on in the area of
unemployed persons' employment and social protec on, based on concluded and ra fied
interna onal, intergovernmental and inter-ministerial agreements and conven ons.127
The current concerns of the MLSPF in the area of migra on management are:
- concluding and implemen ng circular migra on agreements;
- coopera on with countries of des na on of migrant workers from RM, especially from the
Eastern space, for the purpose of ensuring migrant workers' social protec on (Russian
Federa on);
- promo on of social security agreements with the main countries of des na on of the migrant
workers (Russian Federa on, Italy, France, etc.).
- establishing Offices for Moldovan Migrants' Reintegra on.
The challenges of the MLSPF and its subordinated structures are focused on encouraging the
return of Moldovan migrants back to the country of origin. Another challenge refers to the
development of policies focused on migrant workers coming to the RM from other third countries, as
the data reveal an increased flow of this category of migrants. This dimension is missing at the level of
implementa on policies and tools. As there is no progress in signing bilateral agreements on migrants'
protec on and social security with some countries, some prac cal ac ons could be ini ated for
collabora on with the ins tu ons from different countries (employers' associa ons, trade-unions,
etc.) for different professions, including ac ons to set up rela ons between the locali es of origin and
those of des na on of the migrants.
The following exis ng needs may be noted in the ac vity of the MLSPF and its subordinated
ins tu ons:
(i) increasing the capaci es of the human resources in developing, analyzing, and monitoring
public policies, especially in the area of labor migra on and migrants' protec on, as well as in
using the exis ng data and studies in migra on area;
(ii) gran ng assistance in developing and implemen ng programs for voluntary return and
reintegra on of migrants;
(iii) increasing the capaci es of the NEA and territorial agencies in rela on to collabora on and
reintegra on of returned migrants;
(iv) building the capaci es of the NEA for coopera on and collabora on with the private
employment agencies to register the work contracts of the Moldovan migrants working
abroad; currently the private agencies submit only sta s cal data to the NEA, while the cases
of abuse are not declared.
For the purpose of inter-agency and intersectoral coordina on and monitoring of ac vi es in the
area of migra on, as well as for ensuring interac on between the central and local public authori es,
the Government has established in February 2010 the Commission for coordina on of certain
ac vi es related to migra on process,128 chaired by the MIA. The Commission is convened as many
mes as necessary or at least once per quarter. The ac vity of the respec ve Commission cannot be
127
NEA regula on approved via the Government Decision no. 832 of 14.07.2003 on reorganiza on of the State Service for Labor Force
Use.
128
60
REPUBLIC OF MOLDOVA
assessed as being opera onal in the opinion of the governmental authori es and interna onal
experts because of the sporadic nature of its ac vity and the recommenda on nature of its decisions.
The governmental authori es have men oned about the need of some changes in the ac vity of this
Commission so as to increase efficiency of ac vi es in migra on area.
4.6. INTERNATIONAL COOPERATION

The RM is part of specific regional partnerships in migra on and aims to enhance the poli cal
coopera on with the neighboring countries, EU countries, and migrants' countries of origin and
des na on.
During 2002-2011 the RM was part of the Soderkoping Process129 launched in 2001 in Sweden for
coordina ng the aspects of transna onal coopera on in the area of migra on, asylum, and border
management in 14 Eastern countries (Sweden, Ukraine, Belarus, Lithuania, Poland, Moldova, Latvia,
Hungary, Romania, Slovak Republic, Estonia, Armenia, Azerbaijan, Georgia) at the EU border.
The RM is part of the Budapest Process, ini ated in 1991 in Germany, which currently is a
consulta ve forum for more than 50 countries and 10 interna onal organiza ons, meant to develop
some comprehensive and sustainable systems in migra on area. The Budapest Process involves
countries from the European part so as to make an exchange of informa on and good prac ces in such
areas as regular and irregular migra on, asylum, border management, THB, readmission, return, etc.
Moldova is also part of the Prague Process, launched on April 28, 2009, by signing together with
49 countries – member states of EU, Schengen, from Western Balkans, Eastern Europe and Central
Asia, and European Commission, the Joint Declara on on principles of coopera on through
partnerships in migra on area. The coopera on areas set between the par es which have signed the
document include the following: preven ng and comba ng irregular migra on; readmission,
voluntary return and reintegra on; legal labor migra on; migrants' integra on; promo on of
migra on, mobility, and development.130
RM-EU Mobility Partnership, pilot ini a ve launched on June 05, 2008 which implies a number of
projects and ini a ves in migra on area, related to: building ins tu onal capaci es in the area of
migra on management, promo on of legal migra on, consolida on of rela ons with diaspora,
promo on of Moldovan migrants' return and reintegra on, efficient inves ng of remi ances,
coopera on in figh ng migra on and THB. The EU member states par cipa ng in the RM-EU Mobility
Partnership are Bulgaria, Czech Republic, Cyprus, France, Germany, Greece, Italy, Lithuania, Poland,
Portugal, Romania, Slovak Republic, Slovenia, Sweden and Hungary. This partnership can be used not
only for the implementa on of the coopera on ini a ves, but also for nego a on of bilateral
agreements (e.g. Agreement on Labor Migra on with the Italian Republic, 2011).
The RM par cipates in the Eastern Partnership (EP) launched on May 7, 2009, together with
Armenia, Azerbaijan, Georgia, Ukraine, and Belarus for deepening the rela on of poli cal coopera on
and European integra on. The mul lateral coopera on within the EP is carried out via thema c
pla orms in the area of democracy, good governance and stability; economic integra on and
convergence with EU policies; energy security; human rela ons.
Star ng in 2011, the border authori es of the RM par cipate in the ac vi es of the Panel on
Integrated Border Management created within the EP Pla orm “Democracy, Good Governance and
129
In 2011, the Soderkoping Process was integrated into the Eastern Partnership, posi oned under the mul lateral dimension of the
Eastern Partnership, Pla orm 1.
130
Joint Declara on adopted by Building Migra on Partnerships Prague Ministerial Conference, Prague, 28 April 2009.
61
Stability”. The Panel aims to facilitate the dialogue and coopera on between the border authori es
of the EP member states, EU member states, and other interna onal partners, as well as consolida on
of opera onal capaci es of all the border authori es, based on the needs iden fied by them.131
The EUBAM mission, launched in 2005, based on the trilateral Memorandum of Understanding
signed by the European Commission, Governments of Ukraine and Moldova, upon the request of
these two countries, has provided essen al support to the RM border authori es for implemen ng
the IBM principles. The technical assistance provided by EUBAM has a posi ve impact on comba ng
irregular migra on and cross-border crime, moderniza on of prac ces for border management and
facilita on of coopera on between the RM border authori es and EU specialized agencies. The
mandate of the mission expires by the end of 2015.132 BMA and BP also par cipated in the Working
Group on Irregular Migra on and THB, organized under the EUBAM. The group aims to facilitate the
exchange of informa on between the inves ga on officers and the law enforcement authori es in
Moldova, Ukraine, EU member states, Europol, FRONTEX and SELEC, and to develop the capaci es for
carrying out joint inves ga on on irregular migra on and THB.133
Moldova has an ac ve role within the Global Forum for Migra on and Development (GFMD),
which has the experience of an interna onal dialogue in the area of the correla on between migra on
and development, paying a en on to the problems related to migra on management for development
purpose, migra on profiles, and migra on mainstreaming in the na onal development plans.
For the purpose of promo ng circular migra on and increasing the level of protec on for the
persons working abroad, the RM has nego ated and signed:
- Agreement of collabora on in the area of labor migra on between the Ministry of Labor,
Social Protec on and Family and the Federal Migra on Service of the Russian Federa on
(26.05.2011). The agreement signed with the Russian Federa on provides collabora on and data
exchange between the signatory ins tu ons.
- Agreement between the Government of the Republic of Moldova and the Government of the
Italian Republic in the area of labor migra on and the Protocol for implemen ng the respec ve
agreement (05.07.2011). The agreement signed with the Government of the Italian Republic provides
for training courses to study the Italian language, tes ng the obtained knowledge and issuance of
cer ficates of Italian language mastering, which allow the holders to leave to work abroad, including
individually.
- Agreement between the Government of the Republic of Moldova and the Government of the
State of Israel on temporary employment of workers from the RM in certain sectors of the State of
Israel, as well as the Protocol for implemen ng the agreement (16.10.2012). The agreement signed
with the State of Israel provides the possibility for Moldovans to leave to work in Israel, and due to this
agreement, already 278 persons were selected and will leave to work in Israel in construc ons.
Although some countries were rather interested in ini a ng nego a ons and discussions
regarding labor migra on (for instance Italy, Israel), other countries are rather reserved in this respect,
even though a significant number of Moldovan migrants stay on their territory (France).134
131
Eastern Partnership Integrated Border Management Flagship Ini a ve Training Project. Introduc on. h p://www.eap-
fit.eu/en/theproject-en. Accessed in October 2014.
132
EUBAM. Background. h p://eubam.org/en/about/overview. Accessed in November 2014.
European Commission. Report from the Commission to the European Parliament and the Council. Fi h Report on the implementa on
by the Republic of Moldova of the Ac on Plan on Visa Liberaliza on. Brussels, 15.11.2013.
133
Cheianu-Andrei D. Mapping of the Moldova Diaspora in Italy, Portugal, France and the United Kingdom. IOM, Chisinau, 2013, p.96.
62
REPUBLIC OF MOLDOVA
A priority direc on in the collabora on with the neighboring countries in the area of migra on
would be the conclusion of bilateral agreements in the area of social security. By now, the RM has
signed 10 agreements in this respect with the European countries and namely with Bulgaria
(05.12.2008), Portugal (11.02.2009), Luxemburg (14.06.2010), Romania (27.04.2010), Austria
(05.09.2011), Estonia (19.10.2011), Check Republic (29.11.2011), Belgium (12.09.2012), Poland
(09.09.2013), and Hungary (28.11.2013). At the same me, currently the RM is nego a ng bilateral
agreement in the area of social insurance with Lithuania, Latvia, Israel, and Turkey.
A very important element in the coopera on with the neighboring countries is the ac vity in the
readmission area – a key element of migra on management directly linked with the na onal and
interna onal security. For enforcing the EU-RM Readmission Agreement, Moldova signed
readmission agreements with Austria, Belgium, Denmark, Estonia, Hungary, Germany, Latvia,
Lithuania, Luxemburg, Malta, Holland, Romania, Slovak Republic, Switzerland, Bulgaria, Czech
Republic and Denmark. In the same context, there were nego ated Addi onal Protocols to the EU-RM
Readmission Agreement with Italy, Holland, Finland, Cyprus, Ireland, Portugal, Poland, Spain,
Sweden, Slovenia.
Readmission agreements were also signed with such countries as Bosnia and Herzegovina,
Albania and nego a ons are carried out with Russia, Montenegro, Kazakhstan, Armenia, Georgia.
A separate role is played by the coopera on with interna onal structures – World Bank (WB),
those under the umbrella of United Na ons (UN) – Interna onal Organiza on for Migra on (IOM),
Interna onal Labor Organiza on (ILO), United Na ons High Commissioner for Refugees (UNHCR), UN
Development Programme (UNDP) etc. The interna onal organiza ons have iden fied their ac vity
priori es in Moldova in coopera on with the governmental authori es.
World Bank Country Office started its ac vity in Moldova in 1993. According to its ac vity
direc ons, the WB aimed in 2009-2013 to improve economic compe veness for suppor ng
sustainable economic growth, with special accent on the problem of remi ances, as well as on
exports and investments. The Partnership Strategy with Moldova for 2014-2017 from September 5,
2013 provides for 3 strategic priori es: increasing compe veness by improving the business
environment, especially in the area of agriculture; enhancing human capital and decreasing the social
risks, and promo on of a green, clean and resilient Moldova.
Interna onal Organiza on for Migra on (IOM) started its ac vity in RM in 2003. IOM works in
partnership with the Government of the RM, interna onal organiza ons, as well as with local NGOs in
all the aspects related to migra on. The main ac vity direc ons of the IOM in Moldova refer to
migra on and development, migra on management, voluntary assistance for returned migrants and
their integra on, comba ng THB, preven on of THB and vic ms' protec on.
Interna onal Labor Organiza on (ILO) started its ac vity in Moldova in 2003, implemen ng
different programs in the area of decent work. The current framework of collabora on is represented
by the Country Program for Decent Work for 2012-2015.135 ILO aims to support the governmental
authori es in the area of efficient management of labor force and qualifica ons, with special accent
on strengthening human capital and preven ng brain waste, migra on regula on and promo on of
sustainable return.
World Health Organiza on Country Office (WHO) was opened in Moldova in 1995 to provide
support to health authori es. Currently, WHO is focused on studying the impact of health professionals'
134
Cheianu-Andrei D. Mapping of the Moldova Diaspora in Italy, Portugal, France and the United Kingdom. IOM, Chisinau, 2013, p.96.
135
h p://www.ilo.org/wcmsp5/groups/public/---europe/---ro-geneva/---sro-budapest/documents/policy/wcms_183427.pdf
63
migra on on the health system and human capital, including by offering recommenda ons for a more
efficient management of the respec ve process.
United Na ons Development Programme (UNDP) – was launched in Moldova in 1992, being
regulated in the Country Coopera on Framework and the Ac on Plan of the Country Program. Some
of the projects implemented by UNDP in partnership with other organiza ons refer to certain
migra on components: strengthening the Na onal Sta s cal System, improvement of means for
remi ance use, etc.
Interna onal Center for Migra on Policies Development (ICMPD) is an interna onal
organiza on with 15 member states. The ICMPD was created in 1993, upon the ini a ve of Austria
and Switzerland, with the aim to promote innova on, comprehensive and sustainable migra on
policies. In 2012 there was signed the Agreements between the ICMPD and the Republic of Moldova
regarding the status of the organiza on in the Republic of Moldova and coopera on in migra on
area, opening an office in Chisinau.
Other interna onal UN organiza ons which have cooperated/cooperate with the RM for
implemen ng projects related to certain migra on aspects are: UNFPA (children and elderly people
le behind), UNICEF (children le behind), UN High Commissioner for Human Rights Office (migrants'
rights), UN Women (migrant women's rights), OSCE (comba ng THB and promo ng gender equality)
etc.
4.7. COOPERATION WITH CIVIL SOCIETY

The number of the nongovernmental stakeholders involved in solving the different aspects
related to migra on management is not so big. Usually, the nongovernmental organiza ons get
specialized in certain areas of migra on.
Most frequently, the NGOs get more ac vely involved in the area of comba ng THB. One of the
most ac ve partners of the governmental authori es and interna onal organiza ons in this area is
the Interna onal Center “La Strada” which provided assistance in developing an -trafficking
strategies, informing poten al migrants about the trafficking risks, as well as providing services for
THB vic ms.
The Center for Assistance and Protec on of THB vic ms and poten al vic ms – was created with
the support of IOM Moldova and currently it is a public ins tu on subordinated to the MLSPF, being
specialized in providing assistance to THB vic ms and poten al vic ms in crisis situa on.
Terres des Hommes Founda on (TdH) – provides protec on to Moldovan children in vulnerable
situa ons, including children involved in migra on, by offering support to authori es in the process of
children's readmission.
Lawyers' Legal Center provides services of free-of-charge legal assistance to refugees and asylum
seekers, including legal literature for them to get to know their rights. Special a en on is paid by the
specialists of this center to the harmoniza on of the local legal framework in migra on area to the EU
standards.
Center for Informa on and Documenta on on Children's Rights (CIDCR) is suppor ng the
professionals (teachers, psychologists, social assistants, etc.) with trainings and guidelines on
ac vi es with le -behind children. A specific ac vity carried out by this NGO refers to the training of
journalists on how to tackle and cover in the media migra on topics.
Other ins tu ons of the civil society, which have implemented projects in migra on area are:
Moldova State University, “Support for the Na onal Ac on Plan on Le -Behind Children” Project. The
64
REPUBLIC OF MOLDOVA
aim of the project was to develop a response at the na onal level for the phenomenon of le -behind
children due to migra on. The project has iden fied the needs of the le -behind children and their
care-givers, developing a methodology and tools for quan fying these needs, a system of record
keeping of such children, and providing recommenda ons and an Ac on Plan for protec on of these
children.
Help Age Organiza on carries out ac vi es in the area of assistance provision for le -behind
elderly people due to migra on. Some nongovernmental organiza ons (Hilfswerk Austria, Pro Rural
Invest) aim to develop the skills of migrants and their families to invest remi ances.
The Interna onal Agency for Source Country Informa on (IASCI) Austria currently implements
the Nexus Moldova Project (financed by SDC), aiming to promote the link between migra on and
development at the local level for building capaci es and systemic collabora on between the CPA and
LPA, civil society, and private sector. The project intends to complete the exis ng na onal mechanisms
and to contribute to the ac vi es which are being implemented and planned within the RM-EU
Mobility Partnership.
The governmental authori es appreciate the support they get from the interna onal and civil
society organiza ons. The projects are implemented in partnerships. There is collabora on and
transparency in developing norma ve acts, as they are consulted and debated publically.
Nevertheless, it cannot be ascertained that there is total transparency and collabora on in all
situa ons.
The social reality reveals as well the need for the civil society to get consolidated in this area of
ac vity - “We don't have civil society, researchers, experts for clear dimensions, except for the area of
human rights. We would like to get consulted for certain areas and we don't have anyone to turn to”
(II_E2, II_E3). Currently there is a stringent need for more organiza ons to be ac ve in migra on area
and to collaborate with the authori es so as to supplement some ac vi es.
The above-men oned things point out the following:
- The big number of ins tu ons involved in regula ng migra on processes and the inten on to
streamline migra on in all public policies.
- Deficiencies in communica on, as well as in ins tu onal coopera on between the
governmental authori es and representa ves of interna onal organiza ons, civil society, and
academia. Hence, possibili es exist to improve the collabora on between the ins tu ons which deal
with different aspects related to migra on.
- Some overlaps related to ac vi es with diaspora carried out by the BDR and BIR.
- Another significant aspect refers to focusing the current ac ons in the area of migra on and
development in diaspora, to the detriment of the analysis of other migra on and development
dimensions – in the area of agriculture, educa on, health, environment, etc.
- The need to consolidate the SIIAMA and to ensure its opera on with the exis ng informa on
systems of the public ins tu ons (MFAEI, MITC, MH, ME, BP, NEA, NHIC, NSIC, etc.).
- The need to develop modern infrastructure of the BMA and its subdivisions in parallel with the
development of one-stop shops for documen ng foreigners at the local level.
- An important problem for the big majority of ins tu ons dealing with migra on issues refer to
the competence of the human resources. The migra on phenomenon is in evolu on at the global
level, a reason revealing the need of trainings in data analyses, processing and systema zing, taking
over the best prac ces exis ng in the interna onal experience, with possible adjustment at the
na onal level. If some ins tu ons with the support of interna onal organiza ons had the possibility
65
to develop the training curricula and to establish a process for increasing the quality of training (BP),
others have limited themselves to the personal efforts undertaken by the employees. From this point
of view, there is really a need to increase the capaci es of the human resources within the Migra on
Policies Sec on of the MLSPF, BMA, NEA and of the human resources in the LPA in the area of
facilita ng the integra on of returned migrants and foreigners in RM.
- RM is part of a number of regional partnerships in migra on area (Budapest Process, Prague
Process, Eastern Partnership, RM-EU Mobility Partnership, including the Global Forum for Migra on
and Development).
- For the purpose of encouraging circular migra on and protec ng migrant workers, the RM has
nego ated agreements on labor force migra on with the Governments of Italy and Israel, and social
security agreements with Bulgaria, Portugal, Luxemburg, Romania, Austria, Estonia, Czech Republic,
Belgium, Hungary and Poland. The nego a ons for labor force employment and social security
agreements are a permanent concern of the Moldovan authori es.
- Another important concern is the signature of agreements for readmission of Moldovan ci zens
staying illegally in other countries. For the given purpose, the RM has signed readmission agreements
with over 30 EU member states and third countries. The readmission of the ci zens is a permanent
problem of the governmental authori es.
- The governmental authori es of the RM have established collabora on partnerships in
migra on area with a number of interna onal organiza ons, especially with IOM, ILO, WB, WHO,
UNDP, etc. The interna onal organiza ons set their strategic direc ons for the ac vi es to be carried
out in the RM in line with the na onal partners, so as to have a system of migra on management in
line with the European and interna onal standards.
- There are few specialists dealing with aspects related to migra on among the civil society,
academia, which would provide support to the governmental ins tu ons in developing and deba ng
policies or in performing independent feasibility studies.
In these condi ons, it is necessary to:
- con nue the ac ons related to integrated approach to migra on in all public policies for
contribu ng thus to the development of the RM and development of ac on plans in this area
by the governmental ins tu ons;
- analyze the situa ons when the ac vi es performed by certain ins tu ons are doubled or are
overlapping, and to set new limits of responsibili es, specifying them in the Regula ons
reflec ng the du es of these ins tu ons (for instance: BDR and BIR in the area of rela ons
with diaspora organiza ons and their involvement in the development of the country of
origin);
- enhance the intra- and inter-agency collabora on in the area of migra on management by
providing the interoperability of the SIIAMA, development of new agreements, plans for
informa on exchange, including by increasing the func onality of the Commission for
coordina on of certain ac vi es related to migra on process;
- train and increase capaci es of the personnel in the ins tu ons dealing with migra on
management, usage of sta s cal data and exis ng studies in developing, monitoring, and
evalua ng migra on policies based on con nuous training plans, curriculum, exchange of
experience depending on the iden fied needs;
- increase the capaci es of the NGOs through projects and ac vi es in migra on area.
66
REPUBLIC OF MOLDOVA
V. INTER-AGENCY INTERACTION, COORDINATION AND

COOPERATION IN MIGRATION MANAGEMENT
Policies in migra on and development area
Analysis of modali es and capaci es of the RM ins tu ons in the area of migra on management
reveals the possibility of more efficient coordina on. Currently, some coordina on ac vi es in the
migra on management area are performed by the MFAEI, based on the fact that this ministry
coordinated the ac vi es related to European integra on.
A necessary ac on would be for every governmental ins tu on to analyze and to set ac ons in
the area of migra on and development for the following 3 years and to integrate them in the Ac vity
Plans. Such ac ons should not be developed only by the MIA through the BP and BMA, MFAEI, MLSPF,
MITC, but also by the MH, ME, MED, MEN, MAFI etc. All the governmental ins tu ons may iden fy
specific modali es through which migra on could contribute to development and accede to their
implementa on in prac ce. For instance, the problem of health workers' migra on should be one of
the concerns for the MH, which should: (i) develop policies for a rac ng health workers who have
migrated abroad; (ii) nego ate and sign bilateral agreements on health workers' mobility between
states; (iii) ini ate some partnerships and transna onal projects in the area of health workers'
mobility; (iv) develop projects for returning for short term the Moldovan doctor who have affirmed
themselves abroad, to exchange experience with the medical ins tu ons in the RM. Such ac ons
should be carried out as well in the medical ins tu ons at the local level (local medical ins tu ons of
level I and II). Such ac ons may be developed as well at the level of trade-unions and employers'
associa ons, which could develop their rela ons with similar ins tu ons from the Moldovan migrant
workers' countries of des na on. Every governmental and local ins tu on should set clear objec ves
in the area of migra on and development and an ac on plan for achieving them.
A more intense and complex collabora on is necessary for developing/implemen ng policies in
different related areas, such as integra on of immigrants in the RM, where collabora on is necessary
between BMA, MED, MLSPF, NEA, NSIC, etc., migrants' return and reintegra on in the RM – MLSPF,
BDR, NEA, MED etc., remi ances' inves ng in business development, and in some community
projects – ODIMM, ME, MAFI, MRDC, other NGOs, etc.)
Also, it is necessary to establish the priority ac ons of the RM in the MP for the following 3 years.
In this respect, it is necessary to discuss within the governmental ins tu ons and between these
ins tu ons, academia and civil society for establishing partnerships and maximizing the synergy
among ini a ves, outputs, and outcomes.
From the interna onal prospec ve, there could be analyzed the problem of se ng Mobility
Partnerships with some countries of origin of the foreigners coming to the RM. Hence, the RM could
ac vely promote and share its experience in this area with other states: (i) development of the EMP;
(ii) mapping of Moldovan diaspora in the EU countries and Russian Federa on; (iii) crea ng the system
of record keeping and protec on of children le behind as a result of migra on, etc.
Gradually, the coordina on of ac ons in the area of migra on management should be transferred
to the BMA, which has the mission to develop, promote and implement state policies in the area of
migra on and asylum.
The Commission for coordina on of ac vi es related to migra on process should be revitalized,
so as to perform the mission it was created for – to organize a dialogue among the main ins tu ons
67
and to adopt decisions on modali es of migra on management. Based on the decisions of the
respec ve Commission, the governmental ins tu ons could develop and integrate different aspects
related to migra on and development in the sector public policies, including in the Strategic
Development Plans of the ins tu on.
The performed analysis has revealed the need to con nue the ac ons for increasing the
capaci es of the human resources in the area of analyzing and interpre ng different types of data,
including the differences in the data submi ed by different ins tu ons. For instance: when analyzing
border sta s cs, it is important to take into account the fact that these data refer to events and not to
persons, thus they can lead to an over-representa on of the real migra on flows. On the other hand,
the border sta s cs in the RM are incomplete, as not all the border crossings are registered (the
Transnistrian region of the RM and the control points between Ukraine and this region). The steps
undertaken recently for improving the way in which the foreigners are recorded in the RM by crea ng
the 6 territorial offices of the BMA to facilitate the registra on of foreign ci zens entering the territory
of the RM through Transnistrian region are very important. These measures are necessary and will
consolidate the capacity of the RM to control the migra on flows at the border with Ukraine, being
part of the policy promoted by the state to create a trus ul partnership with the EU in the area of
ensuring regional security.
The training of specialists from governmental ins tu ons, academia and civil society in the area of
migra on, and increasing their capaci es would be another direc on for ac ons to streamline
migra on management – “it is necessary to enhance the capaci es at the level of universi es, NGOs,
and experts in general. Some mes it is necessary to have independent feasibility studies and there are
donors, but there are no applicants … We have to extend some mes the announcements for 3-4 mes
to find the necessary specialists” (II_E3).
The performed analysis reveals the following needs:
(i) Increasing the human resources' capaci es for analyzing and using the exi ng data, including
the studies performed for developing, adop ng, and implemen ng some public policies in
the area of migra on and development; adop on of some ac ons, etc.;
(ii) Organiza on of some joint trainings for the main governmental ins tu ons in the area of
migra on management, migra on and development;
(iii) Development of training curricula by specific areas of migra on: immigrants' integra on;
assistance for reintegra on of Moldovan migrants returned from abroad, etc. It is also
necessary to develop con nuous training programs for the personnel, as the training of the
personnel and increasing the capaci es of the personnel should be a permanent concern. The
performed analysis reveals that currently the BP is one of the few ins tu ons which have
created with the support of the European partners a training curriculum for the students from
the Police Academy on “Migra on Management”, including a manual for this purpose.
(iv) Organiza on of trainings for the employees of the BMA and other relevant ins tu ons in
rela on to the risk analysis regarding irregular migra on, detec on of irregular migrants, etc.
Besides the foreign experts who could perform trainings for specific aspects, it is also possible
to involve some representa ves of the BP who have already benefited from trainings in
rela on to analysis of migra on risks and could share this experience with the representa ves
of other governmental structures with competences in the respec ve area, especially the
specialists from the BMA.
The reorganiza ons and changes occurred as a result of the MIA reform have determined certain
transforma ons at the level of some ins tu ons from this ministry in the area of migra on. For
68
REPUBLIC OF MOLDOVA
instance: the reform of the BP from a military ins tu on into a civil one of police type, has implied the
a ribu on of some new du es (issuance of visas in excep onal cases at the border; provision of
assistance to ci zens, via the hot line, regarding the state border crossing rules; determining and
examining the offences of illegal stay of foreigners in the border zone; inves ga on and criminal
prosecu on of the offences related to illegal migra on, etc.). Hence, it is necessary to analyze and
delimit clearly the competences of every ins tu on in the area of migra on management.
Some doublings of du es of the BDR and BIR have been noted by the interviewed experts. In
October 2012, the BDR was established within the State Chancellery to be responsible for
coordina on of policies in the area of rela ons with diaspora.136 The BDR aims to create posi ve
synergy among all the central public authori es, partners, and stakeholders dealing with migra on
and development issues. The main objec ve is to ensure the coordina on of the state policy in the
area of rela ons with diaspora, by a rac ng knowledge, skills, and capital for developing the country.
The BIR is the central administra ve authority promo ng the state policy in the area of interethnic
rela ons, func oning of the languages spoken on the territory of the RM, and support for Moldovan
diaspora.137
Comba ng irregular migra on and related crimes

For the purpose of implemen ng the policy in the IBM area, facilita ng the legal mobility of
persons and goods over the state border, ensuring at the same me well-controlled borders and
efficient comba ng of irregular migra on, inter-agency coopera on is carried out within the
NCISBM, established via the Government Decision No. 855 of 21.09.2010. The NCISBM was entrusted
with such tasks as: facilita on of the coopera on between the na onal authori es with direct and
related du es in the IBM area; development, implementa on, and monitoring of the Na onal IBM
138
Strategy; formula on of recommenda ons for reforming the area and ensuring border security.
Contrary to the provisions of the Government Decision, the consulta ve body did not convened
regularly, its mee ngs being just sporadically and rela vely formal. As a result, during the first stage of
developing the new Strategy, the role of the authori es represented in the NCISBM was not relevant
enough. This deficit derives from the lack of efficient mechanisms of coordina on of ac vi es within
the NCISBM. Another reason would be the fact that the responsibility for this body coordina on was
placed at the level of the BPD, a lower decision-making level than that of the central public authori es.
As well, the NCISBM was not transparent enough because of the non-involvement of the civil society
in its ac vi es and in monitoring the implementa on of the Na onal IBM Strategy. Taking into
account that new ins tu ons with new direct and related du es were created since the establishment
of the NCISBM, and other were reorganized, it is necessary to update the list of par cipa ng
ins tu ons and their competences.
Another important area of coopera on for preven ng and comba ng irregular migra on, cross-
border crime and related offences (organiza on of illegal migra on, THB, illegal circula on of
transporta on means, use of false or counterfeit travel documents when crossing the border, etc.)
would be the analysis of informa on/risk. Although the ins tu ons with competences in this area
have created structures for informa on/risk analysis related to irregular migra on, cross-border
136
Government Decision No. 780 amending and comple ng some Government Decisions, of 19.10.2012.
137
Government Decision No. 43 approving the Regula on for Organiza on and Opera on of the Bureau for Interethnic Rela ons, of
02.02.2010.
138
Government Decision No. 855 of 21.09.2010 regarding the Integrated State Border Management Council.
69
crime and related areas, the coopera on among them is insufficient, and the used analysis tools are
based on different methodologies as approach and as used no ons. An exercise for carrying out a joint
analysis regarding irregular migra on has materialized through a pilot report developed jointly by the
BMA, BPD and CCTP for the I semester of 2013, and joint ad-hoc working group was established for
this purpose.
To ins tu onalize the prac ce of joint risks analysis, the law enforcement bodies with
competences in the given area have created, via the Interdepartmental Order No. 20/171/41/327-0
of 28.07.2014 of the MIA, Informa on and Security Service, General Prosecutor's Office and Customs
Service, the Joint Working Group in the area of risk analysis related to comba ng illegal migra on,
organized crime, including THB and other cross-border offences. The aim of the group is to develop
the conceptual framework, the tools and procedures related to the risk analysis system coordinated at
the na onal level. As a result, the par cipa ng ins tu ons will produce joint analy cal reports. This
integrated approach will allow the joint evalua on of the situa on in the area of irregular migra on,
cross-border crime and THB, based on a single methodology of risk analysis, as well as on the
coordinated management of these risks. The BMA, BPD, and CCTP take part in the respec ve group
from MIA behalf.
Nevertheless the adopted legisla ve framework allows, in general, delimi ng the responsibili es
of the ins tu ons with competences in the area of preven ng, detec ng, and comba ng illegal
migra on and related offences. For instance, as a result of the ins tu onal reform of the MIA and its
subordinated structures, the division of the competences between the CCTP and BP became clearer in
rela on to the inves ga on and analysis of illegal migra on organiza on and THB, based on the
ins tu onal specializa on.
Nevertheless, in some areas of transversal competence, there are no procedures which would
regulate the coopera on among the ins tu ons. In par cular, the coopera on in rela on to
documenta on of illegal migrants detected in the border zone is based on the Inter-agency
Agreement signed between the BP and BMA. However, the agreement does not provide enough
details about the opera on procedures for referring to the BMA the foreigners staying illegally in the
border zone, the implica on and du es of the border police officers in the readmission and expulsion
procedures. This problem includes also the foreigners transi ng the territory of the RM being subject
to readmission, and the coopera on modali es in the criminal and administra ve ma ers for
comba ng illegal migra on and stay. Thus, it is necessary to ini ate the process of developing the
inter-agency procedures which would ensure the coopera on on the men oned aspects and
observance of the rights of the migrants subject to these procedures.
Also, taking into account the fact that BP and BMA are authori es from the internal affairs system
with basic legal competences in the area of comba ng illegal migra on, the coopera on between
these two bodies is very important. The reform of the BP led to the establishment of mobile teams
within the BP, which have du es to perform verifica ons and ac ons to counteract illegal migra on
within the border zone; while BMA holds the same competences, but for the en re territory of the
country. Respec vely, it would be possible to assess the need and the coopera on modality between
the mobile teams of the BP and other relevant na onal authori es, including the division of the BMA
specialized in the area of detec ng illegal migra on cases. It is also necessary to create an inter-agency
working group with the par cipa on of the MIA subdivisions holding direct or related competences in
the area of comba ng illegal migra on (BP, BMA, GPI, etc.) for delimi ng the roles and the mission in
the preven ng and comba ng irregular migra on. The task of the respec ve group would be to
70
REPUBLIC OF MOLDOVA
develop a Ministerial order to approve the joint methodology for coordina ng the opera onal
coopera on in comba ng irregular migra on area.
It is also important to pay a en on to the coopera on between the BP, BMA and CCTP regarding
the iden fica on of certain categories of persons out of the mixed flows crossing the state border:
migrant workers, THB vic ms or poten al vic ms, real asylum seekers as compared to those with no
valid reasons. The best prac ces of other countries, and the posi ve experience of Albania, indicate
the need to develop and use inter-agency procedures detailing the modus operandi in this respect.139
The liberaliza on of the visa regime with the EU/Schengen countries generates risks related to the
transforma on of the RM into a country of transit and/or des na on for trafficking in foreigners. In
this respect, it is necessary to develop joint inter-agency procedures for BMA and CCTP for detec on
and interven on in suspicious cases of trafficking in foreigners staying illegally on the territory of the
country.
Exchange of informa on in migra on area

The inter-agency coopera on in the area is also supported by the efforts of collec ng and
exchanging electronically data on migra on. In this respect, the na onal authori es with competences
in the respec ve area have ini ated the development of specialized informa on systems, among
which the most important if the Automated Integrated Informa on System “Migra on and Asylum”
(SIIAMA), managed by the BMA of the MIA, the SIIPF managed by the BPD of the MIA, the Visa
Management Informa on System (E-Visa) managed by the Consular Affairs Division of the MFAEI, the
State Register of Popula on managed by the State Enterprise “CRIS Registru” of the MITC, the
Automated Informa on System of the Labor Force Market (SIIPFM) managed by the NEA under the
MLSPF, the Integrated Informa on System of the Law Enforcement Bodies (SIIDO) managed by the
Division of Informa on and Opera ve Records of the MIA, etc. The SIIAMA managed by the BMA is the
informa on system which ensures the integra on of informa on resources on migra on and asylum
of other na onal authori es with competences in the area (BP, MFAEI, NEA of the MLSPF, MITC, etc.).140
Hence, SIIPF, E-Visa, State Register of Popula on, SIIPFM, SIIDO and the IS of other na onal ins tu ons
represent modules of the SIIAMA. Based on inter-agency coopera on agreements signed between
public authori es, they provide mutual access to certain categories of informa on contained in their
own databases. Nevertheless, the electronic exchange of informa on between the na onal
authori es through these informa on systems is s ll low, because of the low level of systems'
func onality, interconnec on, and access to limited categories of informa on.
BMA should coordinate the ac ons in developing the SIIAMA, ensuring the inter-operability
between the exis ng informa on systems of the different governmental ins tu ons. The SIIAMA
should become an integrated, inter-opera onal, and opera ve automated informa on system for
presen ng and analyzing data on migra on, in line with the EU standards and based on certain inter-
opera onal components with the informa on systems on migra on from EU and countries from the
East, especially Ukraine. The establishment of the integrated informa on system should observe the
European principles and standards on personal data protec on. The BMA is finishing the study on
SIIAMA feasibility, financed by the IOM. From this perspec ve, it should be noted that the
139
European Commission. Guidelines for Integrated Border Management in the Western Balkans, developed in the framework of the
CARDS (Community Assistance for Reconstruc on, Development and Stabiliza on) Programme regional integrated border
management project “Support to and coordina on of IBM strategies”, Brussels, 2007.
140
Government Decision No. 1401 of 13.12.2007 approving the Concept of the Automated Integrated Informa on System “Migra on
and Asylum”.
71
establishment of the integrated informa on system in migra on area also induced the problem of
concluding inter-agency collabora on agreements.
The informa on exchange in the area of irregular migra on management will be also performed
via the Na onal Coordina on Center (NCC) and the regional/local centers, established by the BP at the
level of its central, regional, and local structures. The coordina on centers will facilitate the exchange
of informa on with the par cipa ng na onal authori es, as well as with the coordina on centers of
EU member states, neighboring countries, FRONTEX Agency. As a result, the NCC, managed by the
BPD, will develop the situa onal picture regarding the situa on at the borders of the country, the
trends and threats related to irregular migra on and cross-border crime, and will coordinate the inter-
agency coopera on for coherent and efficient management of the borders. In this respect, it is
necessary to ensure the inter-operability of the NCC with the informa on and communica on
systems of the relevant na onal authori es.
72
REPUBLIC OF MOLDOVA
VI. CONCLUSIONS AND RECOMMENDATIONS

The above-men oned allow us drawing the following general conclusions and recommenda ons:
Conclusions Recommenda ons

General
1 The analysis of migra on flows from the
RM for 2000-2013 reveals the decrease
in number of emigrants for permanent
residence and of asylum seekers who
have obtained the refugee status abroad.
Labor migra on is the most spread form
of emigra on in the RM, involving over
330th persons annually. Due to its
borders with Romania, EU state, the RM
became more a rac ve for immigrants,
whose number has increased 2,6 mes in
the last 13 years. The analysis of
immigra on flows to the RM reveals an
increase of over 10 mes of the number
immigrant workers during 1993-2013
and stability in rela on to migra on for
the purpose of family reunifica on or
studies. At the same me, in 2014 there
was registered an increase of forced
migra on from Ukraine as a result of the
military conflict in this country.
2 Contradic on in the data on migra on SIIAMA should be consolidated so as to 1
flows, especially regarding the number of integrate the data on migra on flows of
emigrants. Different ins tu ons (NBS, other public ins tu ons. SIIAMA should
State Register of Popula on, BP, become inter-opera onal offering the
EUROSTAT etc.) provide different data possibility of transferring the data about
about the number of emigrants from migrants to allow the supervision of
Moldova. For the purpose of developing migra on flows. Hence, it is important to
efficient policies in the area of migra on con nue the development of solu ons
management, it is necessary to improve for interconnec on and mutual access to
the record keeping of the data on the data covered by the IS of the
migrants' flows. The informa on systems authori es with competences in the area
of the State Register of Popula on, BP, of migra on and asylum. In par cular, it is
and BMA should be inter-opera onal and necessary to create the electronic module
allow the transfer of data on migrants, which would ensure the interac on and
so as to improve the system of keeping exchange of informa on between the
the records about the migra on flows. informa on systems of the BMA and BPD.
73
The SIIPF should be finished to ensure

the interac on between the cons tuent
automa zed systems and automa zed
collec on of data at all the decision-
making levels of the BP (strategic,
opera onal, and local). SIIPF should
ensure the inter-operability with the IS of
other relevant na onal (SIIAMA, E-Visa,
etc.) and interna onal ins tu ons. Thus
there will be ensured the inter-opera on
of the NCC of the BP with the informa on
systems of the relevant na onal
authori es.
Legal framework
3 European integra on is the main goal of Monitoring the enforcement of the 2
the internal and external policy of the norma ve acts (Law No. 180, Law No. 200,
RM. The authori es dealing with the Law No. 270, Law No. 274 etc.), for the
reform of migra on policies have purpose of elimina ng the deficiencies,
adopted a number of conceptual and promo ng the changes, etc.
norma ve acts determining migra on
policies and their management (Na onal Improving the regula ons by iden fying
Strategy on Migra on and Asylum (2011- the deficiencies in the monitoring
2020), Na onal Strategy for preven ng process for a be er implementa on of
and comba ng organized crime for 2011- the legal framework on foreigners'
2016, Na onal Strategy for labor force regime, their social integra on, etc.
employment policies for 2007-2015;.
Law No. 180 on Labor Force Migra on,
2008. Law No. 270 on Asylum, 2008, Law
No. 200 on Foreigners' Regime, 2010,
Law No. 274 on Foreigners' Integra on,
2011 etc.
The norma ve acts on migra on are
developed in line with the interna onal
and European standards, in some cases,
taking into account the current
circumstances in the RM and its financial
capaci es.
4 One of the currently exi ng gaps in The signature and ra fica on by the RM 3
rela on to observance of THB vic ms' of the European Conven on on the
rights is the problem of paying the Compensa on of Vic ms of Violent
compensa ons to the THB survivors. The Crimes, November 24, 1983.
prosecutors and courts extremely rarely Development and adop on of an
74
REPUBLIC OF MOLDOVA
request the legal and psychological efficient legal, norma ve, and
exper se for se ng the severity level of ins tu onal mechanism to enforce the
the moral damages suffered by the THB European Conven on on the
vic ms, especially in minors' case. Compensa on of Vic ms of Violent
Crimes, including for comple ng the
Criminal Procedure Code and other
legisla ve acts, providing for the right
and procedure to recover the damages
suffered by the vic ms of violent crimes
from a special fund set by the
Government.
5 The legal framework on border Extending the competences of BP mobile 4
management was adjusted to the units within the country by amending the
European standards, hence allowing the relevant norma ve acts, for carrying out
implementa on of the IBM principles in missions of preven on, detec on and
the RM and fulfilling new competences in countering of irregular migra on and
the area of preven ng, detec ng, and cross-border crime. More specifically,
comba ng illegal migra on and cross- these include offences pertaining to
border crime. Thus, there were adopted illegal flow of persons and vehicles, and
and amended a number of norma ve illegal transporta on of foreigners for
acts (Law on State Border No. 215 of the purpose of irregular migra on to RM
04.11.2011, Law on Border Police, No. or EU, by transi ng the territory of the
283 of 28.12.2011, Law No. 200 on country. This would allow carrying out
Foreigners' Regime of 16.07.2012, Law on missions (patrolling and verifying the
Asylum No. 270 of 18.12.2008, Criminal areas and routes inside the country,
Procedure Code (CPC) of RM No. 122 of which are most frequently used for
14.03.2003, Contraven on Code No. 218 irregular migra on and which will be
of 24.10.2008, Government Decision No. iden fied based on the risk analysis) in
1212 of 27.12.2010 approving the unfavorable weather condi ons and in
Integrated State Border Management areas hard-to-reach for other law
Strategy for 2011 – 2013, and the new enforcement authori es with transversal
Strategy for 2015 – 2017 etc.). competences. The measure is especially
Nevertheless, the na onal legisla on has necessary in the context of the risks
some regulatory gaps in the area of BP implied by the posi oning of the RM at
competence. Hence, contrary to the EU the external borders of the EU, the visa-
recommenda ons, set forth in the Plan free regime with the EU/Schengen
on EU visa liberaliza on and the EC countries, as well as absence of the
reports on the progress for implemen ng na onal control over the Transnistrian
the respec ve plan, the current segment of the state border. These risks
norma ve framework does not provide are related to the use of the Moldovan
the BP with competences to undertake territory as a transit path for irregular
ac ons for preven ng, detec ng, and migra on to EU. In this context, it is
comba ng irregular migra on and cross- necessary to assess the coopera on
75
border crime on the en re territory of modality between the BP and other law
the country. enforcement bodies with competences
in comba ng illegal migra on on the
na onal territory, especially the BMA.
Also, the current legisla on does not Amending the RM Criminal Code to
incriminate and hence does not sanc on incriminate and sanc on the acts related
the ac ons afferent to the a empt of to false iden ty.
crossing the state border with a false
iden ty.
Ins tu onal framework

6 RM is characterized by a big number of Reac va ng the Governmental 5
ins tu ons dealing with migra on area. Commission for coordina ng ac vi es
There are possibili es to improve the related to migra on.
inter- and intra-agency communica on
and coopera on on issues related to Improving the coopera on regula ons,
migra on management, including including the exchange of informa on in
exchange of informa on regarding the area of migra on and asylum based
migra on aspects. on SIIAMA.
7 Doubling, overlapping of some ac vi es Analyzing the moments when the 6

carried out by different ins tu ons (BDR ac vi es of some ins tu ons are
and BIR). doubled or overlap, and limi ng the
responsibili es by poin ng out these
changes in the du es of the respec ve
ins tu ons.
8 Lack of human resources' capaci es in: Developing strategic ac ons in the area 7
1.Development of public policies, of migra on management and
strategic planning; development for the next 3 years by the
2. Integrated approach to migra on in all governmental ins tu ons.
the strategic documents;
3. Analysis, processing and Training and building capaci es of
systema za on of data in migra on area; human resources in the area of migra on
4. Use of studies performed in migra on management based on some Plans of
area with the support of interna onal con nuous training, curricula, exchange
organiza ons for developing public of experience to be based on the
policies (e.g.: EMP, Mapping Moldovan iden fied needs.
diaspora abroad, Migra on impact on
migrants' health etc.). Frequently the Joint trainings for the authori es with
studies are used only by donors, civil transversal competences in the area of
society, and academia; comba ng illegal migra on, THB,
5. Project wri ng and management; asylum procedure.
6. Foreign languages;
7. Public communica on; Training human resources in such areas
76
REPUBLIC OF MOLDOVA
8. Exper se of travel documents (BP as: project wri ng and management,

personnel and personnel of the strategic planning, foreign languages,
diploma c and consular missions of the human rights, public communica on,
RM abroad); documents' exper se, forensic analysis
9. Forensic analysis of the informa on of informa on, inves ga on of THB
(for authori es which inves gate financial side, etc.
offences related to illegal migra on and Harnessing the distance learning
related crimes); solu ons for con nuous training of
Inves ga on of the THB financial side. human resources, by developing the e-
learning tools.
Training the personnel of the NCC of the
BP and exchanging experience in the
area of developing the situa onal picture
regarding the situa on at the border.
9 Currently, the RM lacks a system of ini al Establishing a system of ini al and 8

and con nuous training of the specialists con nuous training of the specialists in
in the area of migra on and asylum. the area of migra on and asylum.
10 The BP educa onal ins tu ons (Police Equipping adequately the BP educa onal 9
Academy „Stefan cel Mare” and the ins tu ons with training means and
BPMC) are not duly equipped to carry out equipment for carrying out the ini al and
the prac cal training of the border police con nuous training of the future border
officers. police officers, including for carrying the
prac cal training.
11 Obsolete technical-material basis in the Developing the technical-material basis 10
BMA and its territorial subdivisions. and crea ng a modern infrastructure of
the BMA and its territorial subdivisions
for increasing the quality of the provided
services.
12 Deficit of human resources to fulfill the Increasing the limit number of personnel 11
du es in the area of migra on of the BMA; BP, MLSPF etc. to have the
management within the BMA, BP, MLSPF, necessary number of posi ons for
etc. fulfilling the du es according to the
European and neighboring countries'
standards and prac ces.
13 Being empowered to receive asylum Crea ng within the BCP and BPS the 12
applica ons at the border, only some BPS special premises for sheltering asylum
and BCP of the BP have currently special seekers, undesired persons, and persons
premises for sheltering asylum seekers, with interdic ons to enter, which would
which would ensure their human ensure human material condi ons for
treatment. recep on (accommoda on).
77
Inter-agency coopera on
14 The implementa on of the policy in the Reviving the ac vi es of the NCISBM by: 13
area of IBM implies the more ac ve a ribu ng the task for coordina on of
involvement of the na onal authori es the NCISBM to the MIA; consolida ng
with direct or related du es in the area. the par cipa on of na onal authori es
Thus, they have ini ated the by se ng specialized commissions for
development of mechanisms for inter- coordina ng and monitoring the
agency coopera on, by signing implementa on of the IBM strategy;
coopera on agreements and establishing involvement of the civil society in the
the NCISBM. However, it is necessary to works of the NCISBM; upda ng the list of
enhance the role of the NCISBM to member - authori es. Upda ng and
coordinate the process of developing and comple ng the inter-agency coopera on
implemen ng the IBM Strategies. framework, especially between the
ins tu ons with direct du es at the
border and the new members of the
NCISBM.
The adopted and/or modified legisla ve Developing joint inter-agency
framework allows, in general, sharing the procedures which would allow func onal
responsibili es of the ins tu ons with delimita on of the competences and
du es in the area of preven ng, coopera on in transversal areas:
detec ng, and comba ng illegal - detec ng the suspicious cases of
migra on and related offences trafficking of foreigners illegally staying
(organiza on of illegal migra on, THB, on the territory of the country, including
etc.), based on the principle of in the centers for foreigners managed by
specializa on of the involved ins tu ons the BMA;
(BP, BMA, CCTP). Nevertheless, the - documen ng the illegal migrants
procedural framework related to the detected in the border zone, including
coopera on of authori es in the areas of the way in which the border police
transversal competence has to be officers refer to the BMA the foreigners
completed, depending on the exis ng staying illegally in the border zone, the
needs. way the border police officers are
involved and their du es in the
readmission procedure, including of the
foreigners subject to readmission, who
transit the territory of the RM;
- iden fying the categories of persons of
interest among the mixed flows crossing
the state border: migrant workers, THB
vic ms and poten al vic ms, real asylum
seekers as compared to those with no
valid reasons.
Establishing the inter-agency working
group with the par cipa on of the MIA
78
REPUBLIC OF MOLDOVA
subdivisions holding direct or related

du es in comba ng illegal migra on (BP,
BMA, GPI etc.) for delimi ng the roles
and the missions in the area of
preven ng and comba ng illegal
migra on. The group will develop the
Ministerial Order approving the joint
methodology for coordina ng the
opera onal coopera on in the area of
comba ng illegal migra on.
Interna onal coopera on
15 Missing Agreements on labor migra on Ini a ng/con nuing the nego a ons in 14
with the main countries of des na on of this area with the main countries of
Moldovan migrants (Russian Federa on, des na on of Moldovan migrants.
France, etc.)
16 Missing agreements in the area of social Ini a ng/con nuing the nego a ons for 15
protec on with the countries with many signing Social Security Agreements.
Moldovan migrant workers (Russian
Federa on, Italy, France, etc.)
17 Missing readmission agreements with Ini a ng/con nuing nego a ons in the 16
some European countries, as well as area of readmission with all the countries
third countries. with Moldovan migrants.
18 Missing coordina on of ac vi es by some Improving the communica on and 17
interna onal and na onal organiza ons coordina on of the implemented
in line with the exis ng needs in the ac vi es by se ng some Steering
different governmental ins tu ons. Commi ees.
19 For the purpose of implemen ng the Developing/con nuing developing the 18
policies in the IBM area, the BP has coopera on framework for exchange of
developed interna onal coopera on informa on and sta s cal data with the
rela ons with the EU states, neighboring border authori es from the countries of
countries, CIS and third countries, origin and transit with migra on risks
European and interna onal agencies and from the CIS.
missions (FRONTEX, INTERPOL, EUBAM Establishing an inter-agency working
etc.) which allow exchanging informa on group with the involvement of the MFAEI
and sta s cal data on irregular migra on and other relevant na onal authori es
and cross-border crime. Nevertheless for coordina ng the measures meant to
the coopera on with some countries prevent and combat irregular migra on
from the CIS and GUAM is rather formal and related offences in the third
and is carried out only through countries, such as:
coopera on formats allowed by these - exchange of informa on with the RM
inter-governmental organiza ons. embassies and consular offices abroad;
79
- assessing the possibili es to send

liaison officers – at large appointed to
operate in two or more countries with
high risk of irregular migra on or
assigning an officer from the diploma c
or consular mission in the respec ve
countries the tasks to perform
informa on exchange and to coordinate
the issues related to border (migra on);
- training the diploma c and consular
personnel of the RM missions abroad in
the area of documents' exper se.
Coopera on with civil society
20 Civil society and academia reveal a Reques ng support from the specialized 19
reduced level of exper se in the area of interna onal organiza ons for the
migra on management and IBM. purpose of transferring good prac ces,
implemen ng projects and ac vi es for
21 Collabora on of the civil society, increasing the capaci es of the NGOs
academia with the governmental and academia.
authori es in the area of migra on
management and border integrated In the IBM area, this can be materialized
management is reduced. by crea ng the Consulta on Group
within the NCISBM, composed of
representa ves of the civil society and
academia, provided for in the new
Integrated Border Management Strategy
for 2015 – 2017.
80
REPUBLIC OF MOLDOVA
REFERENCES
Analy cal Study on the inves ga on and trial of cases of trafficking in persons and related offences. –
IOM, Chisinau, 2013.
Batory Founda on, June 2013. h p://monitoring.visa-free-europe.eu/block/1
Cheianu-Andrei D. Mapping of the Moldova Diaspora in Italy, Portugal, France and the United
Kingdom. IOM, Chisinau, 2013,. h p://www.iom.md/a achments/110_rapor inaleng.pdf
Extended Migra on Profile of the Republic of Moldova 2007-2012. – MIA, BMA, 2013.
Labor Migra on – Chisinau, 2009, NBS.
Massey, D., Arango, J., Hugo, G., Kouaouci, A., Pellegrino, A. and Taylor, J. (1993). Theories of
interna onal migra on: review and appraisal// Popula on and Development Review, 19.
Mukomel V., Cheianu-Andrei D. Moldovans in the Russian Federa on: socio-economic profile and
policy challenges. IOM, Chisinau, 2013. h p://www.iom.md/a achments/110_rfinaleng.pdf;
European Commission. Second progress report on the implementa on by the Republic of Moldova of
the Ac on Plan on Visa Liberaliza on. Brussels, 2012.
Litra L. It is me for a liberalized visa regime for the Republic of Moldova.

h p://viitorul.org/doc.php?l=ro&idc=358&id=4248&t=/PUBLICATII-PERIODICE/Bule n-de-poli ca-
externa/E- mpul-pentru-un-regim-liberalizat-de-vize-pentru-R-Moldova
Vremes M.,Craievschi-Toarta V.,etc. Extended Migra on Profile of the Republic of Moldova 2005-
2010. – IOM, 2012.
World Bank, Remi ance Flows in 2012: An Update (2012),

h p://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/0,,contentMDK:21924020~pagePK:5105988
~piPK:360975~theSitePK:214971,00.html
Center for Study of Democracy. Be er management of EU Borders through coopera on. Study to
iden fy best prac ces on the coopera on between border guards and customs administra ons
working at the external borders of the EU. Sofia, 2011
Center for Comba ng Trafficking in Persons. Report “Monitoring the situa on in the area of
trafficking in human beings – analysis of the crime situa on and dynamics for 2013”. Chisinau, 2014
Na onal Commi ee for Comba ng THB. Na onal Report for preven ng and comba ng trafficking in
human beings for 2012. Chisinau, 2013.
US Department of State. The State Department 2013 Trafficking in Persons Report. Washington, 2014
ODIHR. Review of the legisla on comba ng trafficking in human beings of the Republic of Moldova.
Warsaw, 2011
81
Brussels European Council. Council Mee ng Jus ce and Home Affairs. Brussels, 4-5 December 2006
European Commission. Report from the Commission to the European Parliament and the Council.
Fourth Report on the implementa on by the Republic of Moldova of the Ac on Plan on Visa
Liberaliza on. Brussels, 21.06.2013
European Commission. Report from the Commission to the European Parliament and the Council.
Fourth Report on the implementa on by the Republic of Moldova of the Ac on Plan on Visa
Liberaliza on. Brussels, 15.11.2013
European Commission. First progress report of the implementa on by the Republic of Moldova of the
Ac on Plan on Visa Liberaliza on. Brussels, 16.09.2011
European Commission. Report from the Commission to the European Parliament and the Council on
the Implementa on by the Republic of Moldova of the Ac on Plan on Visa Liberaliza on. Brussels,
22.6.2012
European Commission. Guidelines for IBM in EC External Coopera on. Brussels, November 2009
European Commission. Guidelines for Integrated Border Management in the Western Balkans,
developed in the framework of the CARDS (Community Assistance for Reconstruc on, Development
and Stabiliza on) Programme regional integrated border management project “Support to and
coordina on of IBM strategies”. Brussels, 2007
Joint Declara on adopted by Building Migra on Partnerships Prague Ministerial Conference, Prague,
28 April 2009
h p://siteresources.worldbank.org/INTPROSPECTS/Resources/334934-
1110315015165/Migra onandDevelopmentBrief20.pdf
h p://statbank.sta s ca.md/pxweb/Dialog/varval.asp?ma=POP0702& =Imigran +dupa+tara+de+

emigrare+si+scopul+sosirii+%2C+1993-
2010%09%09%09&path=../Database/RO/02%20POP/POP07/&lang=1
h p://www.bma.gov.md/content/6520
h p://www.ilo.org/wcmsp5/groups/public/---europe/---ro-geneva/---sro-budapest/documents/
policy/wcms_183427.pdf
h p://www.sta s ca.md/public/files/publica i_electronice/migra a/Migra a_FM.pdf
h p://www.mec.gov.md/saracia-si-impactul-poli cilor/
RM Border Police. About the state border. h p://border.gov.md/links/despre_fron era_de_stat.php.

Accessed in September 2014
Border Police. Interna onal Trea es. h p://border.gov.md/links/tratate_interna onale.php.

Accessed in September 2014.
82
REPUBLIC OF MOLDOVA
Border Police. Annual Report, January – December 2013, regarding the opera onal ac vity of the
Border Police – MIA, BPD, 2014.
h p://border.gov.md/images/docs/raport_anual_risk_analysis_2013_RO.pdf
Border Police. Biannual Report, January – June 2014 regarding the opera onal ac vity of the Border
Police – MIA, BPD. Chisinau, 2014 h p://border.gov.md/images/docs/2014/Sinteza_SEM_1-
2014_Risk_Analysis_report.pdf
Roșcovan Mihai. Transna onal coopera on of the Republic of Moldova with Romania and Ukraine. –
IPP, Chisinau, 2004
Botoșani County Council. Partnerships. Euroregion “Upper Prut”.

h p://www.cjbotosani.ro/portal/portal.html?pid=173. Accessed in October 2014
Associa on of Transna onal Coopera on, Euroregion Lower Danube. Presenta on.
Euroregion Siret-Prut-Nistru. About us. h p://www.euroregiune.org/aespn/despre-noi/. Accessed in

October, 2014
Euroregion „Dniestr”. About Euroregion „Dniestr”. h p://dniester.eu/en/479. Accessed in October

2014
The Government of Romania offers 5500 scholarships to the ci zens of the Republic of Moldova.
www.infoprut.ro. Accessed in September 2014
Eastern Partnership Integrated Border Management Flagship Ini a ve Training Project. Introduc on.
h p://www.eap-fit.eu/en/theproject-en, Accessed in October 2014
EUBAM. Background. h p://eubam.org/en/about/overview. Accessed in November 2014
History of the Professional and Managerial Development Department of the Police Academy “Stefan
cel Mare”.
Barbăroşie A.,Pîntea I. Assessing the level of public confidence for the police ins tu ons. – IPP,
Chisinau, 2013
NORMATIVE ACTS
Law No.166 of 11.07.2012. Na onal Development Strategy "Moldova 2020".
Law No. 2000 of 16 July 2010 on Foreigners' Regime in the Republic of Moldova
Na onal Strategy on Migra on and Asylum (2011-2020), approved via
Law No. 216 of 29.05.2003 on the Automated Integrated Informa on System for keeping the records
about offences, criminal cases, and perpetrators
83
Law No. 241 of 20.10.2005 on Preven ng and Comba ng Trafficking in Human Beings
Law No. 160 of 28.06.2013 ra fying the Treaty between the Republic of Moldova and Romania on the
state border regime, collabora on and mutual assistance in border ma ers
Law on Border Police No. 283 of 28.12.2011
Government Decision No. 780 of 19.10.2012 modifying and comple ng some decisions of the
Government
Government Decision No. 832 of 14.07.2003 on reorganiza on of the State Service for Labor Force Use
Government Decision No. 1212 of 27.12. 2010 approving the IBM Strategy for 2011 – 2013
Government Decision No. 855 of 21.09.2010 on the Na onal Council of Integrated State Border
Management
Government Decision No. 1005 of 10.12.2014 of approving the IBM Strategy for 2015 – 2017
„Compa bility, Interoperability, Integra on”
Government Decision No. 752 of 20.09.2013 approving the Regula on on Border Police mobile teams
and comple ng the Government Decision No. 357 of May 13, 2009
Government Decision No. 434 of 19.06.2012 on Border Police
Government Decision No. 23 of 10.01.2007 on Na onal College of the Border Police
84
REPUBLIC OF MOLDOVA
Government Decision No. 1401 of 13.12.2007 approving the Concept of the Automated Integrated
Informa on System “Migra on and Asylum”
Government Decision No. 993 of 23.12.2011 approving the Protocol between the Border Guard
Service of the Republic of Moldova and the Ministry of Public Administra on and Interior of Romania
via the General Inspectorate of the Border Police on consolida ng the coopera on at the central and
territorial levels, signed on November 29 2011, Iasi
Government Decision approving the Strategy on Transport and Logis cs for 2013-2022
Order of the BPD Chief No. 149 of 28.03.2014 approving the Program for Strategic Development for
2015 – 2017
Order of the BPD Chief No. 500 of 21.11.2013 approving the Deontological Code of the Border Police
Officer
Order of the BPD Chief No. 149 of 28.03.2014 approving the Program for Strategic Development of the
Border Police for 2014 – 2016
Inter-department Order No. 220/171/41/327-0 of 28.07.2014 of the MIA, Informa on and Security
Service, General Prosecutor Office, and Customs Service regarding the Joint Working Group in the
area of risk analysis on comba ng illegal migra on, organized crime, including the trafficking in
persons, and other transna onal offences
Regula on for organiza on of admission to Bachelor Degree higher educa on (cycle I) in the Police
Academy “Stefal cel Mare” of the MIA approved via the Senate Decision No. 6 of 22.05.2014
The EU – Republic of Moldova Visa Dialogue. Ac on Plan on visa liberaliza on with the EU, Brussels,
16.12.2010
Agreement between the Government of the RM and the Government of Romania on small border
traffic, signed on October 13, 2009, entered into force on February 26, 2010
Соглашение между Правительством Республики Молдова и Правительством Украины о пунктах

пропуска через молдавско-украинскую государственную границу и упрощенном пропуске
граждан, проживающих в приграничных районах (с учетом положений Протокола между
Правительством Республики Молдова и Кабинетом Министров Украины о внесение изменений
и дополнений в Соглашение между Правительством Республики Молдова и Правительством
Украины о пунктах пропуска через молдавско-украинскую государственную границу и
упрощенном пропуске граждан, проживающих в приграничных районах, от 29 мая 2006 года)
Agreement between the Government of Romania and the Government of RM regarding the state
border crossing points between Romania and RM, signed on November 13, 2009
Agreement between the Government of RM and the Government of Ukraine regarding the
Moldovan-Ukrainian border crossing points and facilita on of the state border crossing for the
ci zens living in the border region, signed on March 11, 1997
85
Protocol between the Government of the RM and the Cabinet of Ministers from Ukraine amending
and comple ng the Agreement between the Government of RM and the Government of Ukraine
regarding the Moldovan-Ukrainian border crossing points and facilita on of the state border crossing
for the ci zens living in the border region from March 11, 1997, signed on May 29, 2006
Protocols between the Department of Border Guard Troops of RM, Customs Department of RM and
the State Border Guard Service Administra on of Ukraine, State Customs Service of Ukraine regarding
the organiza on of the joint control at the land interna onal crossing points „Larga - Kelmenți”,
„Giurgiuleș – Reni”, „Criva - Mămăliga”, „Briceni - Rossoșani” signed on January 12, 2004
Direc ve 2004/82/EC of the Council of 29.04.2004 on the obliga on of carriers to communicate

passenger data
Regula on (CE) No. 562/2006 of the European Parliament and Council of March 15, 2006 establishing
a Community Code on the rules governing the movement of persons across borders (Schengen
Borders Code) of 15.03.2006
Regula on (EC) No. 810/2009 of the European Parliament and Council of 13.07.2009 establishing a
Community Code of Visa (Visa Code)
Regula on (EU) No. 259/2014 of the European Parliament and Council of April 3, 2014 amending
Council Regula on (EC) No. 539/2001 lis ng the third countries whose na onals must be in
possession of visas when crossing the external borders and those whose na onals are exempt from
that requirement
Schengen Catalogue, including recommenda ons and good prac ces in the area of control and
external borders, reviewed and approved by the EU Council on 19.03.2009
86
REPUBLIC OF MOLDOVA
ANNEXES
ANNEX 1. INTERVIEWED GOVERNMENTAL AND INTERNATIONAL AUTHORITIES
No. Ins tu on Current posi on
II_E1 Bureau of Migra on and Asylum of the Ministry of Director
Internal Affairs
II_E2 Migra on Policies Sec on of the Ministry of Labor, Social Head of Sec on
Protec on, and Family
II_E3 Border Police Department Interna onal consultant
II_E4 Bureau for Diaspora Rela ons Program Manager

II_E5 Interna onal Organiza on for Migra on Na onal Program
Coordinator
II_E6 Interna onal Labor Organiza on Na onal Coordinator
II_E7 Center for Comba ng Trafficking in Persons from the Director
Na onal Inspectorate of Inves ga ons of the Ministry of
Internal Affairs
II_E8 Division of Border Control and Surveillance from the Deputy Head of Division
Border Police Department of the Ministry of Internal
Affairs
II_E9 Division of Criminal Prosecu on from the Border Police Head of Division
Department of the Ministry of Internal Affairs Deputy Head of Division
II_E10 Division of Inspec on of the Personnel from the Border Head of Division
Police Department of the Ministry of Internal Affairs
II_E11 Division of Special Inves ga ons from the Border Police Deputy Head of Division
Department of the Ministry of Internal Affairs
II_E12 Division of Economy and Finance from the Border Police Head of Division
Department of the Ministry of Internal Affairs
II_E13 Division of Informa on Technologies of the General Head of Division
Direc on of Opera onal Management from the Border
Police Department of the Ministry of Internal Affairs
II_E14 Border Police Department Deputy Head of
Department
87
ANNEX 2. INSTITUTIONAL FRAMEWORK FOR MIGRATION MANAGEMENT
President Government Parliament
Informa on Ministry of Ministry of Ministry of Ministry of Bureau for

and Internal Foreign Affairs Labor, Social Health Diaspora
Security Affairs and European Protec on Rela ons,
Service Integra on and Family with the
Ministry of
status of
Educa on
direc on on
the State
Ministry of Chancellery
Border Bureau of Center for Na onal Economy
Police Migra on Comba ng Employment Bureau of
and Trafficking in Agency Interethnic
Asylum Persons, with the Ministry of Rela ons
status of a direc on Informa on
in the Na onal Technology and
Inspectorate of Communica ons Na onal
Inves ga ons of the Bureau
General Police of Sta s cs
State
Inspectorate
Enterprise
„CRIS Registru”
Na onal Commission for Na onal Na onal Council

Commission for coordina on of Commi ee for for Integrated
Popula on and certain ac vi es Comba ng State Border
Development related to Trafficking in Management
migra on process Human Beings
88
Editura “GraficDesign” SRL
2015

Moldova Migration Management Gaps Analysis - ENG

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Moldova Migration Management Gaps Analysis - ENG

Uploaded by

Copyright:

Available Formats

MIGRATION MANAGEMENT

EU Thema c Programme on Migra on and Asylum

Interna onal Organiza on for Migra on (IOM)

EXECUTIVE SUMMARY .................................................................................................................7

II. ASSESSING THE MIGRATION SITUATION IN THE REPUBLIC OF MOLDOVA ................................11

IV. INSTITUTIONAL FRAMEWORK FOR MIGRATION MANAGEMENT ............................................43

V. INTER-AGENCY INTERACTION, COORDINATION AND COOPERATION IN MIGRATION

VI. CONCLUSIONS AND RECOMMENDATIONS .............................................................................73

ABBREVIATIONS AND ACRONYMS

1.2. GOAL AND OBJECTIVES OF THE STUDY

II. ASSESSING THE MIGRATION SITUATION

Table 1. Popula on and migra on in the Republic of Moldova,

2000 3644 1655 9,2 1,3 1,4 138

2001 3635 1617 6,4 1,3 1,3 172

2002 3628 1615 6,6 1,3 1,6 231

2003 3618 1474 7,4 1,6 1,3 291

2004 3607 1433 7,2 1,7 1,8 345

2005 3600 1422 6,8 2,1 1,1 365

2006 3590 1357 6,7 2,0 1,6 310

2007 3581 1314 7,1 2,1 1,8 336

2008 3573 1303 7,0 2,7 2,0 310

2009 3568 1265 6,6 2,0 2,2 295

2010 3564 1235 4,7 2,5 1,7 311

2011 3560 1258 3,9 2,7 1,7 317

2012 3560 1215 3,1 3,1 1,4 328

2013 3559 1236 3,3 3,4 1,6 333

Figure 1. Number of emigrants, immigrants and repatriated persons

Figure 2. Number of labor emigrants from the Republic of Moldova, 2000-2013

Figure 3. Number of repatriated persons, 2006-2013

2056 1968 2070 2010

2.2. MOBILITY AT THE BORDERS

Mobility of persons over the state border

Source: Border Police

Figure 6. Number of crossings made by foreigners entering the RM in 2013 (million)

Small border traﬃc and simpliﬁed border crossing regime

Border crossing infrastructure

Cross-border transport communica ons

III. ANALYSIS OF THE RELEVANT AREAS OF MIGRATION

3.2. MIGRATION CHALLENGES

3.3. LEGAL FRAMEWORK

Migra on and asylum

Comba ng irregular migra on and traﬃcking in human beings (THB)

Labor force migra on

Return and reintegra on of Moldovan ci zens

EU Visa Liberaliza on.

Coopera on with diaspora

IV. INSTITUTIONAL FRAMEWORK FOR MIGRATION

4.1 BUREAU OF MIGRATION AND ASYLUM

the provisions of the legisla on in force;

4.2. BORDER POLICE

- providing support to BMA for carrying out the readmission procedure;

Human resources, professional training, and an -corrup on measures

4.3. CENTER FOR COMBATTING TRAFFICKING IN PERSONS

4.4. MINISTRY OF FOREIGN AFFAIRS AND EUROPEAN INTEGRATION

4.5. MINISTRY OF LABOR, SOCIAL PROTECTION AND FAMILY

4.6. INTERNATIONAL COOPERATION

4.7. COOPERATION WITH CIVIL SOCIETY

V. INTER-AGENCY INTERACTION, COORDINATION AND

Comba ng irregular migra on and related crimes

Exchange of informa on in migra on area

VI. CONCLUSIONS AND RECOMMENDATIONS

Conclusions Recommenda ons