Foreign affairs ministry makes specifications on procedures applied in case of Moldovan-Russian agreement

Chisinau, 23 April /MOLDPRES/ - Taking into account more requests on behalf of mass media, the Foreign Affairs and European Integration Ministry (MAEIE) comes up with the following specifications as to the procedures applied in the case of the agreement between the governments of Moldova and Russia on the providing of a state loan, including the providing of full powers: 

As for the procedures applied in the case of the Agreement:  

1.      The agreement between the governments of Moldova and Russia on the providing Moldova with a state loan was signed in Moscow on 17 April 2020.  

2.      In accordance with the law No 100/2017, the agreement’s text will be officially made public concomitantly with the law on the agreement’s ratification in the Official Journal (Monitorul Oficial).    

3.      The agreement was negotiated and concluded in line with the provisions of the Law No 419/2006 on the debt of the public sector, state guarantees and state re-crediting, which stipulates that the government, in the person of the Finance Ministry, is authorized to borrow state loans, domestic and external, in national currency or in any foreign currency. Respectively, the initiation of the talks, the negotiation and the signing of this Agreement were held in conformity with the aforementioned Law and the Government Decision No 1136/2007 on measures of enforcement of the Law No 419-XIV from 22 December 2006 on the public sector debt, state guarantees and state re-crediting.  

4.      The government through its Decision No 169 from 13 March 2020 approved the starting of negotiations, as well as approved its signing (https://www.legis.md/cautare/getResults?doc_id=120794&lang=ro).

5.      The Foreign Affairs and European Integration Ministry, for the enforcement of the Decision No 169 from 13 March 2020 (mentioned in the point 4) and of the clear demarche of the Finance Ministry, which delegated powers for the signing of the aforementioned Agreement to Moldova’s Ambassador to Russia Andrei Neguta, processed and submitted to recipient full powers which confirms his powers in the relation with the foreign partner.       

As for the providing of full powers: 

The following normative acts stay at the basis of processing of full powers:

-         The 1969 Vienna Convention on the Law of Treaties;

-         The Law No 595/1999 on Moldova’s international treaties;  

-         The regulation on the mechanism of conclusion, enforcement and cessation of international treaties, approved through the Government Decision No 442/2015 (Chapter 9).  

The full powers, according to the Vienna Convention, are understood as a document coming from the competent authority[1] of a state and nominating one or more people empowered to represent the state for the negotiation, adoption or authentication of the text of a treaty, in order to fulfill any act on the treaty.     

/[1] In accordance with the Law No 595/1999, in Moldova, the authority in charge of the issuance of full powers is the Foreign Affairs and European Integration Ministry (a practice present in most states./

To sign a treaty, the full powers are issued based on the decision on the approval of the signing (Article 9 of the Law No 595/1999). In the context, the point 96 of the regulation on the mechanism of conclusion, enforcement and cessation of international treaties sees that the full powers for the signing of a treaty are issued based on the Government Decision or President’s decree on the approval of the signing [2].  

/[2] In line with the Article 81, paragraph (2) of the Law No 595/1999 and the point 79 of the regulation approved through the Government Decision No 442/2015, the president issues a decree on the approval of the signing in the case of the inter-state treaties and the government issues government decision on the approval of the signing in relation with the inter-governmental treaties./

It is worth noting that, in accordance with the point 85 of the aforementioned regulation, the full powers are issued by the Foreign Affairs and European Integration Ministry, based on the request of the body in charge of the treaty’s conclusion, the Finance Ministry in this case. The demarche of the body competent with the treaty’s conclusion, according to the point 98 of the regulation, clearly contains the number and date of the Moldovan president’s decree or of the government decision, under which the treaty’s signing was approved, as well as the name, Christian name and office of the signatory.