EUROPAM

European Public Accountability Mechanisms

Moldova

Country score (EU Average*)
  • 59(72) Political Financing
  • 88(57) Financial Disclosure
  • 88(49) Conflict of Interest
  • 67(59) Freedom of Information
  • 77(63) Public Procurement
  • 71(66) Anti Money Laundering
  • 73(71) Asset Recovery

Country Facts

IncomeLower middle
GNI per capita (2011 PPP $)5270.00
Population, total3549750.00
Urban population (% of total)42.60
Internet users (per 100 people)71.00
Life expectancy at birth (years)71.50
Mean years of schooling (years)11.4
Global Competitiveness Index3.7
Sources: World Bank, UNDP, WEF.

Political Financing


Quantitative Data

Primary Metric

201220152016201720202024Trend
Bans and limits on private income58
Public funding12
Regulations on spending75
Reporting, oversight and sanctions92

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Bans and limits on private income

Is there a ban on donations from foreign interests to political parties? Yes. Political parties may not be financed by foreign citizens, stateless persons, foreign legal persons (including foreign or mixed-capital entities), other states, or international organizations. (Law No. 294/2007 on Political Parties, Art. 26(6)(c), (f), (g))
Is there a ban on donations from foreign interests to candidates? No. The foreign-source ban in the Electoral Code is framed for initiative groups and electoral campaigns, not for candidates generally. (Electoral Code No. 325/2022, Art. 54(5)(b), (g), (h))
Is there a ban on corporate donations to political parties? No. Legal persons may donate to political parties within the annual cap unless they fall into a prohibited category. (Law No. 294/2007 on Political Parties, Art. 26(5), (6))
Is there a ban on corporate donations to candidates? No. The Electoral Code prohibits only certain categories of legal persons from financing electoral campaigns; it does not impose a general ban on corporate donations to candidates. (Electoral Code No. 325/2022, Art. 54(2), (5)(d)-(g); Art. 57(4)2))
Is there a ban on donations from corporations with government contracts to political parties? Yes. Political parties may not be financed by legal persons that, within the previous 3 years, concluded public procurement contracts for works, goods, or services. (Law No. 294/2007 on Political Parties, Art. 26(6)(e1))
Is there a ban on donations from corporations of partial government ownership to political parties? Yes. Political parties may not be financed by public authorities, public institutions, or other legal persons financed from the public budget or having state capital, unless legislation expressly provides otherwise. (Law No. 294/2007 on Political Parties, Art. 26(6)(d))
Is there a ban on donations from corporations with government contracts to candidates? No. The restriction on public-procurement contractors is stated for financing initiative groups and electoral campaigns, not for candidates generally. (Electoral Code No. 325/2022, Art. 54(5)(d))
Is there a ban on donations from corporations of partial government ownership to candidates? No. The restriction on entities with state capital is stated for financing initiative groups and electoral campaigns, not for candidates generally. (Electoral Code No. 325/2022, Art. 54(5)(f))
Is there a ban on donations from Trade Unions to political parties? Yes. Political parties may not be financed by trade-union organizations. (Law No. 294/2007 on Political Parties, Art. 26(6)(h))
Is there a ban on donations from Trade Unions to candidates? No. The trade-union ban in the Electoral Code is framed for initiative groups and electoral campaigns, not for candidates generally. (Electoral Code No. 325/2022, Art. 54(5)(e))
Is there a ban on anonymous donations to political parties? Yes. Political parties may not receive anonymous donations or donations made in the name of third parties. (Law No. 294/2007 on Political Parties, Art. 26(6)(c))
Is there a ban on anonymous donations to candidates? No. The anonymous-donation ban in the Electoral Code is framed for initiative groups and electoral campaigns, not for candidates generally. (Electoral Code No. 325/2022, Art. 54(5)(c))
Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? Yes. Parties may not receive support from public authorities or state-capital entities, and electoral competitors, participants in referendums, and initiative groups may not use administrative resources. (Law No. 294/2007 on Political Parties, Art. 26(6)(d); Electoral Code No. 325/2022, Art. 54(5)(f), 54(6)(e))
Is there a ban on any other form of donation? Yes. The law also bans donations from minors and persons under guardianship, certain indebted or public-contract legal persons, NGOs, charities, religious organizations, and states or international organizations. (Law No. 294/2007 on Political Parties, Art. 26(6)(a), (e1), (f)-(h); Electoral Code No. 325/2022, Art. 54(5)(a), (d)-(h))
Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? Yes. Donations to political parties are capped annually at 6 average monthly salaries for natural persons and 12 for legal persons, subject to additional income-based limits for some natural persons. (Law No. 294/2007 on Political Parties, Art. 26(4), (5))
Is there a limit on the amount a donor can contribute to a political party in relation to an election? Yes. During the activity of initiative groups and electoral campaigns, donors may contribute only up to the statutory ceilings to electoral competitors, including party competitors. (Electoral Code No. 325/2022, Art. 57(4)1), 2))
Is there a limit on the amount a donor can contribute to a candidate? No. The campaign-donation ceilings are stated for initiative groups, electoral competitors, and referendum participants, not for candidates generally. (Electoral Code No. 325/2022, Art. 57(4))

Public funding 

Eligibility criteria for direct public funding to political parties: Share of votes in previous election Yes. State funding is tied to parties’ performance in prior parliamentary, local general, and presidential elections, and the regulation calculates that performance by valid votes received. (Law No. 294/2007 on Political Parties, Art. 27(1)(a)-(c); Regulation on Financing the Activity of Political Parties, approved by CEC Decision No. 1102/2023, pts. 64-65)
Eligibility criteria for direct public funding to political parties: Representation in elected body No. The law does not make general eligibility for direct public funding depend on holding representation in an elected body. Seats or mandates matter only for dividing an electoral bloc’s allocation if the bloc members have no prior agreement. (Law No. 294/2007 on Political Parties, Art. 27(2))
Eligibility criteria for direct public funding to political parties: Participation in election No. The law allocates funding by electoral performance, but it does not set mere participation in an election as a standalone eligibility criterion for direct public funding. (Law No. 294/2007 on Political Parties, Art. 27(1))
Eligibility criteria for direct public funding to political parties: Number of candidates No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of seats in previous election No. The law does not allocate direct public funding according to a party’s share of seats from the previous election. A mandates rule appears only for splitting a bloc allocation among its components absent prior agreement. (Law No. 294/2007 on Political Parties, Art. 27(2))
Eligibility criteria for direct public funding to political parties: Share of votes in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Registration as a political party Yes. Direct public funding is granted to political parties under the party law; party status exists only upon state registration under that law. (Law No. 294/2007 on Political Parties, Arts. 8(1), 8(7), 27(1))
Eligibility criteria for direct public funding to political parties: Share of seats in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of members No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Other Yes. The law also allocates portions of public funding according to performance in presidential elections and according to the number of women and young people effectively elected. (Law No. 294/2007 on Political Parties, Art. 27(1)(c)-(g))
Allocation calculations for direct public funding to political parties: Proportional to votes received Yes. The regulation calculates several components of state funding proportionally to the valid votes received by the party in parliamentary, local general, and presidential elections. (Law No. 294/2007 on Political Parties, Art. 27(1)(a)-(c); Regulation on Financing the Activity of Political Parties, approved by CEC Decision No. 1102/2023, pts. 64-65)
Allocation calculations for direct public funding to political parties: Equal No. The law requires monthly transfers in equal instalments, but it does not distribute the total public funding equally among parties. (Law No. 294/2007 on Political Parties, Art. 27(3))
Allocation calculations for direct public funding to political parties: Proportional to seats received No. Direct public funding is not generally calculated in proportion to seats received. Seats or mandates are used only to divide a bloc’s allocation if there is no prior agreement among bloc members. (Law No. 294/2007 on Political Parties, Art. 27(2))
Allocation calculations for direct public funding to political parties: Flat rate by votes received Yes. The regulation makes the amount per valid vote the basis of calculation, i.e. a uniform rate per vote for the vote-based components of public funding. (Regulation on Financing the Activity of Political Parties, approved by CEC Decision No. 1102/2023, pt. 64)
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Number of members No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Other Yes. The allocation formula also includes components based on women and young people effectively elected, which do not fit the vote-, seat-, equal-, expense-, candidate-, or membership-based categories. (Law No. 294/2007 on Political Parties, Art. 27(1)(d)-(g))
Earmarking provisions for direct public funding to political parties: Campaign spending Yes. State budget allocations to political parties may be used, by party leadership decision, to support registered initiative groups or electoral campaigns under the Electoral Code. (Law No. 294/2007 on Political Parties, Art. 28(1))
Earmarking provisions for direct public funding to political parties: Ongoing party activities Yes. The law earmarks state allocations for a list of ongoing party expenses, including premises, staff, telecoms, political activities, travel, polling, training, and audit. (Law No. 294/2007 on Political Parties, Art. 28(1)(a)-(t))
Earmarking provisions for direct public funding to political parties: Intra-party institution Yes. If the party has women’s or youth organizations, the earmarked shares for promoting women’s and youth participation are managed by those organizations. (Law No. 294/2007 on Political Parties, Art. 28(2^1))
Earmarking provisions for direct public funding to political parties: Other No. The law does not establish another distinct earmarking category beyond campaign support, general party purposes, and the mandatory women’s and youth shares. (Law No. 294/2007 on Political Parties, Art. 28(1), (2^1))
Allocation criteria for free or subsidized access to media for political parties: Equal Yes. The free airtime is allocated in equal fixed amounts: 5 minutes on television and 10 minutes on radio, plus 1 minute per day on public media for electoral advertising in the listed national contests. (Electoral Code No. 325/2022, Art. 90(7)-(8))
Allocation criteria for free or subsidized access to media for political parties: Number of candidates No. The code does not allocate free or subsidized media access according to the number of candidates nominated by a party. (Electoral Code No. 325/2022, Art. 90(7)-(8))
Allocation criteria for free or subsidized access to media for political parties: Share of seats No. The code does not allocate free or subsidized media access according to a party’s share of seats. (Electoral Code No. 325/2022, Art. 90(7)-(8))
Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election No. The code does not allocate free or subsidized media access according to a party’s vote share in the preceding election. (Electoral Code No. 325/2022, Art. 90(7)-(8))
Allocation criteria for free or subsidized access to media for political parties: Other No. The code sets equal fixed airtime for eligible electoral competitors, but it does not establish another distinct allocation formula for parties. (Electoral Code No. 325/2022, Art. 90(7)-(8))
Are there provisions for free or subsidized access to media for candidates? No. Free airtime is granted to political parties, electoral blocs, and independent candidates registered as electoral competitors, not to candidates as a general category. (Electoral Code No. 325/2022, Art. 90(7)-(8))
Provisions for any other form of indirect public funding: Premises for campaign meetings Yes. Local authorities must establish and ensure a minimum number of premises for meetings with voters and must make them available on equal terms. (Electoral Code No. 325/2022, Art. 70(10)-(11))
Provisions for any other form of indirect public funding: Space for campaign materials Yes. Local authorities must establish and ensure a minimum number of special places for electoral display and inform interested subjects of the decision. (Electoral Code No. 325/2022, Art. 70(10))
Provisions for any other form of indirect public funding: Tax relief No. Absent from legal framework
Provisions for any other form of indirect public funding: Free or subsidised transport No. Absent from legal framework
Provisions for any other form of indirect public funding: Free or subsidised postage cost No. Absent from legal framework
Provisions for any other form of indirect public funding: Other Yes. The state provides interest-free credits to electoral competitors for campaigns, with the amount set by the Central Electoral Commission and repayment rules fixed by law. (Electoral Code No. 325/2022, Art. 51(1)-(8))
Is the provision of direct public funding to political parties related to gender equality among candidates? No. The allocation formula rewards parties in proportion to women effectively elected, not by gender equality among candidates as such. (Law No. 294/2007 on Political Parties, Art. 27(1)(d)-(e))
Are there provisions for other financial advantages to encourage gender equality in political parties? Yes. The law requires that 20% of annual state allocations be used to promote and encourage women’s participation in political and electoral processes. (Law No. 294/2007 on Political Parties, Art. 28(2^1))

Regulations on spending 

Is there a ban on vote buying? Yes. Vote buying is expressly prohibited. Electoral competitors, referendum participants, and initiative groups may not offer money, goods, services, or other benefits to induce voting or non-voting. (Electoral Code No. 325/2022, Art. 54(6)(a); Criminal Code No. 985/2002, Art. 1811)
Are there bans on state resources being used in favour or against a political party or candidate? No. The code bans electoral competitors from using administrative resources and bars public authorities from granting public goods or favors to them, but it does not explicitly regulate use of state resources against a party or candidate. (Electoral Code No. 325/2022, Art. 54(6)(e), Art. 70(6))
Are there limits on the amount a political party can spend? Yes. During election campaigns, parties competing in elections are subject to a general ceiling on funds that may be transferred to the electoral fund, and spending above that ceiling is prohibited. (Electoral Code No. 325/2022, Art. 53(1)-(4), Art. 54(6)(d))
Are there limits on the amount a candidate can spend? Yes. Candidates and other electoral competitors are subject to the same campaign-finance ceiling on funds transferable to the electoral fund, and spending above that ceiling is prohibited. (Electoral Code No. 325/2022, Art. 53(1)-(4), Art. 54(6)(d))

Reporting, oversight and sanctions 

Do political parties have to report regularly on their finances? Yes. Political parties must submit financial management reports electronically on a semiannual and annual basis, and certain parties must also submit monthly information on spending from state allocations. (Law No. 294/2007 on Political Parties, Art. 29(1)-(2))
Do political parties have to report on their finances in relation to election campaigns? Yes. The Electoral Code makes party leaders and designated finance officers responsible for preparing and submitting reports on campaign financing within the time limits laid down by the code and implementing acts. (Electoral Code No. 325/2022, Art. 54(3))
Do candidates have to report on their campaign finances? Yes. Candidates are expressly responsible for keeping records and for preparing and submitting campaign-finance reports within the prescribed time limits. (Electoral Code No. 325/2022, Art. 54(3)(c)-(d))
Is information in reports from political parties and/​or candidates to be made public? Yes. Financial reports submitted under the party-finance law are public, and the Central Electoral Commission must publish reports and information submitted under the Electoral Code on its official website. (Law No. 294/2007 on Political Parties, Art. 29(4); Electoral Code No. 325/2022, Art. 27(1)(e))
Must reports from political parties and/​or candidates reveal the identity of donors? Yes. The mandatory content of party financial reports includes donor identification data and donation amounts. The law therefore requires donor identities to appear in reports. (Law No. 294/2007 on Political Parties, Art. 29(6)(b))
Institutions receiving financial reports from political parties and/​or candidates: Electoral Management Board Yes. The Central Electoral Commission receives party financial reports, and electoral bodies receive campaign-finance reports under the Electoral Code. (Law No. 294/2007 on Political Parties, Art. 29(1); Electoral Code No. 325/2022, Art. 27(1)(c), Art. 54(3))
Institutions receiving financial reports from political parties and/​or candidates: Auditing agency Yes. Parties benefiting from state allocations must also submit their financial management reports to the Court of Accounts. (Law No. 294/2007 on Political Parties, Art. 29(1))
Institutions receiving financial reports from political parties and/​or candidates: Ministry No. The legal framework assigns reporting functions to the Central Electoral Commission and the Court of Accounts, not to a ministry. (Law No. 294/2007 on Political Parties, Art. 29(1); Electoral Code No. 325/2022, Art. 27(1)(c))
Institutions receiving financial reports from political parties and/​or candidates: Special institution No. The legal framework assigns reporting functions to electoral bodies and the Court of Accounts, but it does not designate another separate special institution for receiving these reports. (Law No. 294/2007 on Political Parties, Art. 29(1); Electoral Code No. 325/2022, Art. 27(1)(c))
Institutions receiving financial reports from political parties and/​or candidates: Court No. Reports are not assigned to courts of law for filing. The Court of Accounts is designated in its audit capacity, not as a judicial court. (Law No. 294/2007 on Political Parties, Art. 29(1))
Institutions receiving financial reports from political parties and/​or candidates: Other No. The binding provisions identify electoral bodies and the Court of Accounts as recipients, but do not specify another category of recipient institution. (Law No. 294/2007 on Political Parties, Art. 29(1); Electoral Code No. 325/2022, Art. 27(1)(c))
Is it specified that a particular institution(s) is responsible for examining financial reports and/​or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court No. Courts may review challenges to CEC decisions, but no binding provision makes a court the institution responsible for examining political finance reports or investigating violations. (CEC Regulation on financing of political parties (HCEC No. 1185/2023), pt. 143)
Institution responsible for examining financial reports and/or investigating violations: Ministry No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Auditing agency No. The binding provisions assign primary supervision and control to the Central Electoral Commission. Audit entities and the Court of Accounts have narrower audit roles only. (Law No. 294/2007 on Political Parties, Art. 29(1); CEC Regulation on financing of political parties (HCEC No. 1185/2023), pts. 104, 111)
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body Yes. The Central Electoral Commission is expressly responsible for supervising and controlling political-party financing and for examining and verifying party finance reports. (Law No. 294/2007 on Political Parties, Art. 29(1); CEC Regulation on financing of political parties (HCEC No. 1185/2023), pts. 101, 111)
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose No. A specialized directorate exists within the Central Electoral Commission, but the legal framework does not create a separate institution specifically for political-finance oversight. (CEC Regulation on financing of political parties (HCEC No. 1185/2023), pt. 101)
Institution responsible for examining financial reports and/or investigating violations: Other No. The legal framework assigns responsibility to the Central Electoral Commission rather than to another type of institution. (Law No. 294/2007 on Political Parties, Art. 29(1); CEC Regulation on financing of political parties (HCEC No. 1185/2023), pt. 111)
Other institutions with a formal role in political finance oversight
Institutions with a formal role in political finance oversight: Court No. Courts may review challenges to CEC acts, but they are not assigned a monitoring, examination, or investigative oversight role over political finance. (CEC Regulation on financing of political parties (HCEC No. 1185/2023), pt. 143)
Institutions with a formal role in political finance oversight: Ministry No. Absent from legal framework
Institutions with a formal role in political finance oversight: Auditing agency Yes. Audit entities must verify party financial-management reports in cases set by law, and the Court of Accounts conducts external public audit of the state allocations distributed to parties. (CEC Regulation on financing of political parties (HCEC No. 1185/2023), pts. 96-100, 104)
Institutions with a formal role in political finance oversight: EMB Yes. The Central Electoral Commission has a formal oversight role over party financing, including receiving reports, publishing them, monitoring activities, and conducting controls. (Law No. 294/2007 on Political Parties, Art. 29(1); CEC Regulation on financing of political parties (HCEC No. 1185/2023), pts. 101, 105, 111)
Institutions with a formal role in political finance oversight: Institution for this purpose No. The framework does not establish a standalone institution devoted specifically to political-finance oversight outside the Central Electoral Commission. (CEC Regulation on financing of political parties (HCEC No. 1185/2023), pt. 101)
Institutions with a formal role in political finance oversight: Other Yes. Criminal-investigation bodies have a formal role where the Central Electoral Commission identifies suspected criminal conduct and refers the case for investigation. (CEC Regulation on financing of political parties (HCEC No. 1185/2023), pts. 139, 159; Criminal Code No. 985/2002, Arts. 1812, 1813)
Sanctions for political finance infractions
Sanctions for political finance infractions: Fines Yes. Political-finance violations are expressly subject to fines as contraventional sanctions. (CEC Regulation on financing of political parties (HCEC No. 1185/2023), pts. 145(2)(b), 157)
Sanctions for political finance infractions: Loss of public funding Yes. The Central Electoral Commission may deprive a political party of the right to state allocations for specified violations. (Law No. 294/2007 on Political Parties, Art. 27(7); CEC Regulation on financing of political parties (HCEC No. 1185/2023), pts. 145(1)(a), 151)
Sanctions for political finance infractions: Penal/Criminal Yes. The framework expressly provides criminal enforcement for certain political-finance violations and requires referral of such cases to criminal-investigation bodies. (CEC Regulation on financing of political parties (HCEC No. 1185/2023), pt. 159; Criminal Code No. 985/2002, Arts. 1812, 1813)
Sanctions for political finance infractions: Forfeiture Yes. Misused state allocations and sums received in breach of party-finance rules must be paid back to the state budget. (CEC Regulation on financing of political parties (HCEC No. 1185/2023), pts. 152-154)
Sanctions for political finance infractions: Deregistration of party Yes. A political party is removed from the state register if it fails to submit annual financial-management reports for two consecutive years. (Law No. 294/2007 on Political Parties, Art. 22^1(1); CEC Regulation on financing of political parties (HCEC No. 1185/2023), pts. 145(1)(c), 156)
Sanctions for political finance infractions: Loss of elected office No. The legal framework provides deprivation of the right to hold certain functions or activities, but it does not expressly provide loss of elected office as such for political-finance infractions. (CEC Regulation on financing of political parties (HCEC No. 1185/2023), pt. 145(2)(c); Criminal Code No. 985/2002, Arts. 1812, 1813)
Sanctions for political finance infractions: Suspension of political party No. The regulation provides limitation of a party’s activity, not suspension of the political party in the exact terms stated in the indicator. (CEC Regulation on financing of political parties (HCEC No. 1185/2023), pt. 145(1)(b); Law No. 294/2007 on Political Parties, Art. 21)
Sanctions for political finance infractions: Loss of nomination of candidate No. The legal framework reviewed does not expressly provide loss of nomination of a candidate as a sanction for political-finance infractions. (CEC Regulation on financing of political parties (HCEC No. 1185/2023), pts. 145, 151-159)
Sanctions for political finance infractions: Loss of political rights No. The legal framework provides deprivation of certain functions or activities, but not loss of political rights in the exact terms stated in the indicator. (CEC Regulation on financing of political parties (HCEC No. 1185/2023), pt. 145(2)(c); Criminal Code No. 985/2002, Arts. 1812, 1813)
Sanctions for political finance infractions: Other Yes. Other sanctions expressly provided include warning and limitation of party activity, in addition to the listed categories. (CEC Regulation on financing of political parties (HCEC No. 1185/2023), pt. 145(1)(b), (2)(a))

Legislation

*Last update: 2017


Financial Disclosure


Quantitative Data

Primary Metric

201220152016201720202024Trend
Disclosure items89
Filing frequency75
Sanctions100
Monitoring and Oversight100
Public access to declarations75

Alternative Metric

201220152016201720202024Trend
Head of State88
Ministers88
Members of Parliament88
Civil servants88

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Disclosure items

Spouses and children included in disclosure Yes. The declaration explicitly includes spouse/partner and dependent children. (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Income and Assets
Real estate Yes. недвижable property must be declared (ownership, use, value). (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Movable assets Yes. High-value movable goods (vehicles, valuables) must be declared. (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Cash Yes. Cash holdings and bank accounts must be declared above thresholds. (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Loans and Debts Yes. Debts, loans, guarantees must be declared. (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Income from outside employment/assets Yes. All sources of income must be declared, including dividends, rents, etc. (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Incompatibilities
Gifts received as a public official No. Gifts must be declared if they exceed admissible limits; ethical rules also apply. (Art 11, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Private firm ownership and/or stock holdings Yes. Shares and participation in companies must be declared. (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Ownership of state-owned enterprises (SOEs) Yes. Participation in any legal entity (including SOEs) must be declared. (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Holding government contracts No. Conflicts of interest rules prohibit such situations but not always explicit disclosure as a category. (Art 12 and 13, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Board member, advisor, or company officer of private firm Yes. Positions in legal entities must be declared. (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Post-employment Yes. Cooling-off restrictions exist (especially for senior officials). (Art 20, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Simultaneously holding policy-making position and policy-executing position Yes. Incompatibility regime prohibits holding multiple conflicting public/private roles. (Integrity Law No. 82/2017)
Participating in official decision-making processes that affect private interests Yes. Conflict of interest rules strictly prohibit participation. (Art 12 and 13, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Concurrent employment of family members in public sector No. Nepotism rules exist but not always framed as disclosure obligation.

Filing frequency

Filing required upon taking office Yes. Initial declaration required upon entering office. (Art 6, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Filing required upon leaving office Yes. Final declaration required upon termination. (Art 6, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Filing required annually Yes. Annual declaration mandatory. (Art 6, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Ad hoc filing required upon change in assets or conflicts of interest No. Absence of legal framework

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. Administrative fines apply. ( Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. May lead to fines, dismissal, and prohibition from office. (Art 27, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Includes administrative and criminal liability (false declarations). (Art 27, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))

Monitoring and Oversight

Depository body explicitly identified Yes. National Integrity Authority (ANI). (Art 9, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Enforcement body explicitly identified Yes. ANI has investigative and sanctioning powers. (Art 9, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Some agency assigned responsibility for verifying submission Yes. ANI verifies submission compliance. (Art 10, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Some agency assigned responsibility for verifying accuracy Yes. ANI conducts substantive checks (unjustified wealth). (Art 11, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))

Public access to declarations

Public availability Yes. Declarations are publicly accessible online. (Art 8, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Timing of information release specified Yes. Publication occurs after submission within statutory deadlines. (Art 8, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Location(s) of access specified Yes. Published on the official ANI website. (Art 8, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Cost of access specified No. Absence of legal framework

Ministers

Disclosure items

Spouses and children included in disclosure Yes. The declaration explicitly includes spouse/partner and dependent children. (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Income and Assets
Real estate Yes. недвижable property must be declared (ownership, use, value). (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Movable assets Yes. High-value movable goods (vehicles, valuables) must be declared. (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Cash Yes. Cash holdings and bank accounts must be declared above thresholds. (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Loans and Debts Yes. Debts, loans, guarantees must be declared. (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Income from outside employment/assets Yes. All sources of income must be declared, including dividends, rents, etc. (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Incompatibilities
Gifts received as a public official No. Gifts must be declared if they exceed admissible limits; ethical rules also apply. (Art 11, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Private firm ownership and/or stock holdings Yes. Shares and participation in companies must be declared. (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Ownership of state-owned enterprises (SOEs) Yes. Participation in any legal entity (including SOEs) must be declared. (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Holding government contracts No. Conflicts of interest rules prohibit such situations but not always explicit disclosure as a category. (Art 12 and 13, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Board member, advisor, or company officer of private firm Yes. Positions in legal entities must be declared. (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Post-employment Yes. Cooling-off restrictions exist (especially for senior officials). (Art 20, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Simultaneously holding policy-making position and policy-executing position Yes. Incompatibility regime prohibits holding multiple conflicting public/private roles. (Integrity Law No. 82/2017)
Participating in official decision-making processes that affect private interests Yes. Conflict of interest rules strictly prohibit participation. (Art 12 and 13, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Concurrent employment of family members in public sector No. Nepotism rules exist but not always framed as disclosure obligation.

Filing frequency

Filing required upon taking office Yes. Initial declaration required upon entering office. (Art 6, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Filing required upon leaving office Yes. Final declaration required upon termination. (Art 6, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Filing required annually Yes. Annual declaration mandatory. (Art 6, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Ad hoc filing required upon change in assets or conflicts of interest No. Absence of legal framework

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. Administrative fines apply. ( Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. May lead to fines, dismissal, and prohibition from office. (Art 27, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Includes administrative and criminal liability (false declarations). (Art 27, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))

Monitoring and Oversight

Depository body explicitly identified Yes. National Integrity Authority (ANI). (Art 9, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Enforcement body explicitly identified Yes. ANI has investigative and sanctioning powers. (Art 9, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Some agency assigned responsibility for verifying submission Yes. ANI verifies submission compliance. (Art 10, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Some agency assigned responsibility for verifying accuracy Yes. ANI conducts substantive checks (unjustified wealth). (Art 11, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))

Public access to declarations

Public availability Yes. Declarations are publicly accessible online. (Art 8, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Timing of information release specified Yes. Publication occurs after submission within statutory deadlines. (Art 8, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Location(s) of access specified Yes. Published on the official ANI website. (Art 8, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Cost of access specified No. Absence of legal framework

Members of Parliament

Disclosure items

Spouses and children included in disclosure Yes. The declaration explicitly includes spouse/partner and dependent children. (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Income and Assets
Real estate Yes. недвижable property must be declared (ownership, use, value). (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Movable assets Yes. High-value movable goods (vehicles, valuables) must be declared. (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Cash Yes. Cash holdings and bank accounts must be declared above thresholds. (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Loans and Debts Yes. Debts, loans, guarantees must be declared. (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Income from outside employment/assets Yes. All sources of income must be declared, including dividends, rents, etc. (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Incompatibilities
Gifts received as a public official No. Gifts must be declared if they exceed admissible limits; ethical rules also apply. (Art 11, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Private firm ownership and/or stock holdings Yes. Shares and participation in companies must be declared. (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Ownership of state-owned enterprises (SOEs) Yes. Participation in any legal entity (including SOEs) must be declared. (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Holding government contracts No. Conflicts of interest rules prohibit such situations but not always explicit disclosure as a category. (Art 12 and 13, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Board member, advisor, or company officer of private firm Yes. Positions in legal entities must be declared. (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Post-employment Yes. Cooling-off restrictions exist (especially for senior officials). (Art 20, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Simultaneously holding policy-making position and policy-executing position Yes. Incompatibility regime prohibits holding multiple conflicting public/private roles. (Integrity Law No. 82/2017)
Participating in official decision-making processes that affect private interests Yes. Conflict of interest rules strictly prohibit participation. (Art 12 and 13, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Concurrent employment of family members in public sector No. Nepotism rules exist but not always framed as disclosure obligation.

Filing frequency

Filing required upon taking office Yes. Initial declaration required upon entering office. (Art 6, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Filing required upon leaving office Yes. Final declaration required upon termination. (Art 6, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Filing required annually Yes. Annual declaration mandatory. (Art 6, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Ad hoc filing required upon change in assets or conflicts of interest No. Absence of legal framework

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. Administrative fines apply. ( Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. May lead to fines, dismissal, and prohibition from office. (Art 27, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Includes administrative and criminal liability (false declarations). (Art 27, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))

Monitoring and Oversight

Depository body explicitly identified Yes. National Integrity Authority (ANI). (Art 9, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Enforcement body explicitly identified Yes. ANI has investigative and sanctioning powers. (Art 9, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Some agency assigned responsibility for verifying submission Yes. ANI verifies submission compliance. (Art 10, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Some agency assigned responsibility for verifying accuracy Yes. ANI conducts substantive checks (unjustified wealth). (Art 11, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))

Public access to declarations

Public availability Yes. Declarations are publicly accessible online. (Art 8, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Timing of information release specified Yes. Publication occurs after submission within statutory deadlines. (Art 8, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Location(s) of access specified Yes. Published on the official ANI website. (Art 8, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Cost of access specified No. Absence of legal framework

Civil servants

Disclosure items

Spouses and children included in disclosure Yes. The declaration explicitly includes spouse/partner and dependent children. (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Income and Assets
Real estate Yes. недвижable property must be declared (ownership, use, value). (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Movable assets Yes. High-value movable goods (vehicles, valuables) must be declared. (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Cash Yes. Cash holdings and bank accounts must be declared above thresholds. (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Loans and Debts Yes. Debts, loans, guarantees must be declared. (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Income from outside employment/assets Yes. All sources of income must be declared, including dividends, rents, etc. (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Incompatibilities
Gifts received as a public official No. Gifts must be declared if they exceed admissible limits; ethical rules also apply. (Art 11, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Private firm ownership and/or stock holdings Yes. Shares and participation in companies must be declared. (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Ownership of state-owned enterprises (SOEs) Yes. Participation in any legal entity (including SOEs) must be declared. (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Holding government contracts No. Conflicts of interest rules prohibit such situations but not always explicit disclosure as a category. (Art 12 and 13, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Board member, advisor, or company officer of private firm Yes. Positions in legal entities must be declared. (Art 4, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Post-employment Yes. Cooling-off restrictions exist (especially for senior officials). (Art 20, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Simultaneously holding policy-making position and policy-executing position Yes. Incompatibility regime prohibits holding multiple conflicting public/private roles. (Integrity Law No. 82/2017)
Participating in official decision-making processes that affect private interests Yes. Conflict of interest rules strictly prohibit participation. (Art 12 and 13, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Concurrent employment of family members in public sector No. Nepotism rules exist but not always framed as disclosure obligation.

Filing frequency

Filing required upon taking office Yes. Initial declaration required upon entering office. (Art 6, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Filing required upon leaving office Yes. Final declaration required upon termination. (Art 6, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Filing required annually Yes. Annual declaration mandatory. (Art 6, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Ad hoc filing required upon change in assets or conflicts of interest No. Absence of legal framework

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. Administrative fines apply. ( Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. May lead to fines, dismissal, and prohibition from office. (Art 27, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Includes administrative and criminal liability (false declarations). (Art 27, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))

Monitoring and Oversight

Depository body explicitly identified Yes. National Integrity Authority (ANI). (Art 9, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Enforcement body explicitly identified Yes. ANI has investigative and sanctioning powers. (Art 9, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Some agency assigned responsibility for verifying submission Yes. ANI verifies submission compliance. (Art 10, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Some agency assigned responsibility for verifying accuracy Yes. ANI conducts substantive checks (unjustified wealth). (Art 11, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))

Public access to declarations

Public availability Yes. Declarations are publicly accessible online. (Art 8, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Timing of information release specified Yes. Publication occurs after submission within statutory deadlines. (Art 8, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Location(s) of access specified Yes. Published on the official ANI website. (Art 8, Law No. 133/2016 on the declaration of assets and personal interests and the role of the National Integrity Authority (ANI))
Cost of access specified No. Absence of legal framework

Legislation

*Last update: 2017


Conflict of Interest


Quantitative Data

Primary Metric

201220152016201720202024Trend
Restrictions65
Sanctions100
Monitoring and Oversight100

Alternative Metric

201220152016201720202024Trend
Head of State90
Ministers90
Members of Parliament87
Civil servants87

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Restrictions

General restriction on conflict of interest Yes. The President is subject to the legal regime on conflicts of interest. Moldovan law requires public agents to identify, declare, and resolve real conflicts of interest and not act on the matter until the conflict is resolved. (Law on Integrity No. 82/2017, Art. 14; Law on Declaration of Assets and Personal Interests No. 133/2016, Arts. 12, 14)
Accepting gifts Yes. The President may not request or accept inadmissible gifts linked directly or indirectly to official activity. Only courtesy or protocol gifts are allowed under the statutory rules. (Law on Integrity No. 82/2017, Art. 16)
Private firm ownership and/or stock holdings No. The law requires disclosure of shares and company-related interests, but disclosure is not a prohibition. (Law on Declaration of Assets and Personal Interests No. 133/2016, Art. 4(1)(l), (m))
Ownership of state-owned enterprises (SOEs) No. The law requires disclosure of shares and company-related interests, including SOEs, but disclosure is not a prohibition. (Law on Declaration of Assets and Personal Interests No. 133/2016, Art. 4(1)(l), (m))
Holding government contracts No. The law requires disclosure of public contracts, but disclosure is not a prohibition. (Law on Declaration of Assets and Personal Interests No. 133/2016, Art. 4(1)(n))
Board member, advisor, or company officer of private firm Yes. The Constitution bars the President from exercising any other office (Constitution of the Republic of Moldova, Art. 81(1); Law on Declaration of Assets and Personal Interests No. 133/2016, Art. 16)
Post-employment Yes. A one-year post-employment restriction applies. Former public agents, including former public-dignity office holders, must avoid certain private-sector jobs, contracts, and representation before their former public entity. (Law on Integrity No. 82/2017, Art. 24)
Simultaneously holding policy-making position and policy-executing position Yes. The Constitution makes the office of President incompatible with any other remunerated office (Constitution of the Republic of Moldova, Art. 81(1); Law on Declaration of Assets and Personal Interests No. 133/2016, Art. 16)
Participating in official decision-making processes that affect private interests Yes. The President must declare a real conflict of interest and may not take any action on the matter until it is resolved. The law also defines a “consumed conflict of interest” as taking or participating in a decision in breach of those rules. (Law on Declaration of Assets and Personal Interests No. 133/2016, Arts. 12, 14)
Assisting family or friends in obtaining employment in public sector Yes. Moldovan law expressly prohibits favoritism by public agents. That covers giving unlawful support, preferences, or advantages, including in public-sector employment decisions. (Law on Integrity No. 82/2017, Art. 15; Contravention Code of the Republic of Moldova, Art. 3131)

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. Fines are expressly provided for non-declaration or non-resolution of conflicts of interest, and also for favoritism. (Contravention Code of the Republic of Moldova, Arts. 3131, 3132)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Administrative and disciplinary consequences are expressly provided. Violations may trigger disciplinary or contraventional liability, and integrity inspectors may request termination of the mandate or service relationship. (Law on Declaration of Assets and Personal Interests No. 133/2016, Art. 23; Law on the National Integrity Authority No. 132/2016, Art. 39)
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. Penal sanctions are available in the legal framework. The declaration law states that violations may attract criminal liability, and the Criminal Code criminalizes exercising public duties in a conflict-of-interest situation in specified cases. (Law on Declaration of Assets and Personal Interests No. 133/2016, Art. 23; Criminal Code of the Republic of Moldova, Art. 3261; Constitution of the Republic of Moldova, Art. 81(3))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The National Integrity Authority monitors compliance with the conflict-of-interest, incompatibility, restriction, and limitation regimes. (Law on the National Integrity Authority No. 132/2016, Art. 7; Art. 37)
Enforcement body specified (sanctions, hearings) Yes. Integrity inspectors within the National Integrity Authority carry out control, issue findings, apply contraventional sanctions, and can seek termination of mandate or annulment of acts. (Law on the National Integrity Authority No. 132/2016, Arts. 37, 38, 39)

Ministers

Restrictions

General restriction on conflict of interest Yes. Ministers are persons holding public dignity, so they are subject to the conflict-of-interest regime and must identify, declare, and resolve real conflicts of interest before acting. (Law on the Status of Persons Holding Public Dignity No. 199/2010, Art. 11(2); Law on Declaration of Assets and Personal Interests No. 133/2016, Arts. 12, 14)
Accepting gifts Yes. Ministers may not request or accept inadmissible gifts linked directly or indirectly to official activity. Only courtesy or protocol gifts are allowed under the statutory regime (Law on Integrity No. 82/2017, Art. 16)
Private firm ownership and/or stock holdings No. No rule that prohibits ministers from owning private firms or holding shares. Moldova does require disclosure of shares, company membership, and management roles. (Law on Declaration of Assets and Personal Interests No. 133/2016, Art. 4(1)(h), (j), (k))
Ownership of state-owned enterprises (SOEs) No. No rule that prohibits ministers from owning shares in SOEs. Moldova does require disclosure of shares, company membership, and management roles. (Law on Declaration of Assets and Personal Interests No. 133/2016, Art. 4(1)(h), (j), (k))
Holding government contracts No. No rule that prohibits ministers from holding government contracts while in office. The law instead requires disclosure of contracts financed from public budgets or concluded with state-capital companies. (Law on Declaration of Assets and Personal Interests No. 133/2016, Art. 4(1)(l))
Board member, advisor, or company officer of private firm Yes. Ministers may not carry out any other remunerated activity except teaching and scientific activities (Law on the Status of Persons Holding Public Dignity No. 199/2010, Art. 12(1)-(2))
Post-employment Yes. A one-year post-employment restriction applies. Former public agents, including former persons holding public dignity, must avoid certain private-sector jobs, representation, and commercial contracting linked to their former public entity. (Law on Integrity No. 82/2017, Art. 24)
Simultaneously holding policy-making position and policy-executing position Yes. Ministers may not perform another remunerated activity except teaching and scientific activities, and may not also serve as MPs while in office (Law on the Status of Persons Holding Public Dignity No. 199/2010, Art. 12(1)-(2))
Participating in official decision-making processes that affect private interests Yes. Ministers must declare a real conflict of interest and may not take any action on the matter until it is resolved. This includes not deciding, not signing acts, and not participating in the decision. (Law on Declaration of Assets and Personal Interests No. 133/2016, Arts. 12, 14)
Assisting family or friends in obtaining employment in public sector Yes. Moldovan law expressly prohibits favoritism by public agents. That covers giving unlawful support, preferences, privileges, or advantages, including in public-sector employment decisions. (Law on Integrity No. 82/2017, Art. 15; Contravention Code of the Republic of Moldova, Art. 3131)

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. Fines are expressly provided for non-declaration or non-resolution of conflicts of interest, and for favoritism. (Contravention Code of the Republic of Moldova, Arts. 3131, 3132)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Administrative and disciplinary consequences are expressly provided. Violations may trigger disciplinary, contraventional, or mandate-termination consequences, and the National Integrity Authority may request termination or suspension. (Law on Declaration of Assets and Personal Interests No. 133/2016, Art. 23; Law on the National Integrity Authority No. 132/2016, Art. 7(2)(b), (c))
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. Penal sanctions are stipulated for conflict-of-interest violations. The declaration law expressly provides for criminal liability, and the Criminal Code criminalizes exercising public duties in a conflict-of-interest situation, with aggravated penalties for a person holding public dignity (Law on Declaration of Assets and Personal Interests No. 133/2016, Art. 23; Criminal Code of the Republic of Moldova, Art. 3261)

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The National Integrity Authority monitors compliance with the regimes on conflicts of interest, incompatibilities, restrictions, and limitations, and also issues guidance, training, statistics, and consultancy (Law on the National Integrity Authority No. 132/2016, Arts. 5, 6, 7(2), 7(3))
Enforcement body specified (sanctions, hearings) Yes. The National Integrity Authority can determine violations, apply contraventional sanctions within its competence, seek disciplinary action or termination, and go to court to suspend or nullify acts adopted in breach of the conflict-of-interest rules (Law on the National Integrity Authority No. 132/2016, Art. 6(c); Art. 7(2)(a), (b), (c), (f), (g), (h); Contravention Code of the Republic of Moldova, Art. 4233)

Members of Parliament

Restrictions

General restriction on conflict of interest Yes. Members of Parliament are subject to the conflict-of-interest regime. They are declarants under the asset and interest declaration law and must identify, declare, and resolve real conflicts of interest before acting. (Law on Declaration of Assets and Personal Interests No. 133/2016, Arts. 3, 12, 14)
Accepting gifts Yes. MPs may not request or accept inadmissible gifts linked directly or indirectly to official activity. Only courtesy or protocol gifts are allowed under the statutory regime. (Law on Integrity No. 82/2017, Art. 16)
Private firm ownership and/or stock holdings No. No binding rule that prohibits MPs from owning private firms or holding shares. Moldova does require disclosure of shares, company roles, and membership. (Law on Declaration of Assets and Personal Interests No. 133/2016, Art. 4(1)(h), (j), (k))
Ownership of state-owned enterprises (SOEs) No. No binding rule that prohibits MPs from owning shares in state-owned enterprises. The framework requires disclosure, not a stand-alone prohibition. (Law on Declaration of Assets and Personal Interests No. 133/2016, Art. 4(1)(h), (j), (k))
Holding government contracts No. No binding rule that prohibits MPs from holding government contracts while in office. The law instead requires disclosure of contracts financed from public budgets or concluded with state-capital companies. (Law on Declaration of Assets and Personal Interests No. 133/2016, Art. 4(1)(l))
Board member, advisor, or company officer of private firm Yes. MPs may not hold other remunerated offices. (Law on Declaration of Assets and Personal Interests No. 133/2016, Art. 4(1)(j), (k); Law on the Status of the Member of Parliament, Art. 3(d))
Post-employment No. Absent from legal framework
Simultaneously holding policy-making position and policy-executing position Yes. An MP cannot lawfully continue to hold the office of member of the Government or any other remunerated office. The law gives a short period to resign from the incompatible office (Law on the Status of the Member of Parliament, Arts. 3(b), (d), 5)
Participating in official decision-making processes that affect private interests Yes. MPs must declare a real conflict of interest and may not take any action on the matter until it is resolved. That includes not deciding and not participating in the decision (Law on Declaration of Assets and Personal Interests No. 133/2016, Arts. 12, 14)
Assisting family or friends in obtaining employment in public sector Yes. Moldovan law expressly prohibits favoritism by public agents. That covers giving unlawful support, preferences, privileges, or advantages, including in public-sector employment matters (Law on Integrity No. 82/2017, Art. 15; Contravention Code of the Republic of Moldova, Art. 3131)

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. Fines are expressly provided for non-declaration or non-resolution of conflicts of interest, and for favoritism (Contravention Code of the Republic of Moldova, Arts. 3131, 3132)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Administrative and disciplinary consequences are expressly provided. Violations may trigger disciplinary, contraventional, or mandate-termination consequences, and the National Integrity Authority may request termination or suspension. (Law on Declaration of Assets and Personal Interests No. 133/2016, Art. 23; Law on the National Integrity Authority No. 132/2016, Art. 7(2)(b), (c))
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. Penal sanctions are available in the legal framework. The declaration law expressly provides for criminal liability, and the Criminal Code criminalizes exercising public duties in a conflict-of-interest situation; aggravated penalties apply where the offender is a person holding public dignity (Law on Declaration of Assets and Personal Interests No. 133/2016, Art. 23; Criminal Code of the Republic of Moldova, Art. 3261)

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The National Integrity Authority monitors compliance with the regimes on conflicts of interest, incompatibilities, restrictions, and limitations, and also issues guidance, statistics, training, and consultancy. (Law on the National Integrity Authority No. 132/2016, Arts. 5, 6, 7(2), 7(3))
Enforcement body specified (sanctions, hearings) Yes. The National Integrity Authority can determine violations, apply contraventional sanctions within its competence, seek disciplinary action or termination, and go to court to suspend or nullify acts adopted in breach of the conflict-of-interest rules. (Law on the National Integrity Authority No. 132/2016, Arts. 6(c), 7(2)(a), (b), (c), (f), (g), (h))

Civil servants

Restrictions

General restriction on conflict of interest Yes. Civil servants are expressly bound by the conflict-of-interest regime: they must respect the legal regime on conflicts of interest, and a civil servant must avoid conflicts of interest; declarants must declare and resolve real conflicts before acting. (Law on Public Office and the Status of Civil Servants No. 158/2008, Art. 24(2); Law on the Code of Conduct of Civil Servants No. 25/2008, Art. 12; Law on Declaration of Assets and Personal Interests No. 133/2016, Arts. 12, 14)
Accepting gifts Yes. Civil servants may not request or accept gifts, services, favours, invitations, or other personal advantages; only symbolic, courtesy, or protocol gifts within the legal limits are allowed. (Law on the Code of Conduct of Civil Servants No. 25/2008, Art. 11; Law on Integrity No. 82/2017, Art. 16)
Private firm ownership and/or stock holdings No. Civil servants may not carry out certain remunerated activities or entrepreneurial activity linked to their official duties, but founder/shareholding situations remain possible and are also subject to disclosure. (Law on Public Office and the Status of Civil Servants No. 158/2008, Art. 25(2)(c), Art. 25(2ą), Art. 25(2˛); Law on Declaration of Assets and Personal Interests No. 133/2016, Art. 4(1))
Ownership of state-owned enterprises (SOEs) No. No prohibition on owning shares in state-owned enterprises. The law only bars certain remunerated activities in state or municipal enterprises linked to the authority, and shareholdings are disclosable rather than generally prohibited. (Law on Public Office and the Status of Civil Servants No. 158/2008, Art. 25(2)(c); Law on Declaration of Assets and Personal Interests No. 133/2016, Art. 4(1))
Holding government contracts No. No prohibition that bars civil servants from holding government contracts. The framework instead requires disclosure of relevant contracts, so this indicator is only partially covered. (Law on Declaration of Assets and Personal Interests No. 133/2016, Art. 4(1))
Board member, advisor, or company officer of private firm No. No blanket ban on being a board member, adviser, or company officer of a private firm. The law only prohibits certain remunerated roles in entities linked to the authority and allows unrelated private-sector activity outside working hours. (Law on Public Office and the Status of Civil Servants No. 158/2008, Art. 25(2)(c), Art. 25(2˛))
Post-employment Yes. A one-year cooling-off rule applies to former public agents, including former civil servants. It restricts certain private-sector employment, contracting, and representation linked to the former public entity (Law on Integrity No. 82/2017, Art. 24)
Simultaneously holding policy-making position and policy-executing position Yes. Civil servants cannot normally hold another public office, but the law allows service relations to be suspended if the person is elected or appointed to a public-dignity office or joins the cabinet of such a person. (Law on Public Office and the Status of Civil Servants No. 158/2008, Art. 25(1), Art. 25(2)(b), Art. 52(a), (b))
Participating in official decision-making processes that affect private interests Yes. Civil servants who are declarants must declare a real conflict of interest and may not take action on the matter until it is resolved. The civil-service and conduct laws also require them to avoid conflicts of interest (Law on Declaration of Assets and Personal Interests No. 133/2016, Arts. 12, 14; Law on Public Office and the Status of Civil Servants No. 158/2008, Art. 24(2); Law on the Code of Conduct of Civil Servants No. 25/2008, Art. 12)
Assisting family or friends in obtaining employment in public sector Yes. Moldovan law expressly prohibits favoritism by public agents, and for civil-service management decisions it also excludes favoritism, kinship, and similar criteria in appointments, promotions, and access to public office (Law on Integrity No. 82/2017, Art. 15; Law on the Code of Conduct of Civil Servants No. 25/2008, Art. 13(2)(b), (c))

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. Fines are expressly provided for favoritism and for non-declaration or non-resolution of a conflict of interest. (Contravention Code of the Republic of Moldova, Arts. 3131, 3132)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Administrative and disciplinary sanctions are expressly provided. Civil servants may face disciplinary sanctions under the civil-service law, and a definitive integrity finding can trigger disciplinary proceedings or termination of service (Law on Public Office and the Status of Civil Servants No. 158/2008, Arts. 56, 57, 58, 60; Law on the National Integrity Authority No. 132/2016, Art. 39(2), (3))
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. Penal sanctions exist in the legal framework for public-sector conflict-of-interest violations. The declaration law provides for criminal liability, and the Criminal Code criminalizes exercising public duties in an undeclared and unresolved conflict-of-interest situation. (Law on Declaration of Assets and Personal Interests No. 133/2016, Art. 23; Criminal Code of the Republic of Moldova, Art. 3261)

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The National Integrity Authority monitors compliance with the regimes on conflicts of interest, incompatibilities, restrictions, and limitations, and also provides guidance, training, statistics, and methodology (Law on the National Integrity Authority No. 132/2016, Arts. 5, 6, 7)
Enforcement body specified (sanctions, hearings) Yes. Integrity inspectors of the National Integrity Authority open controls, issue findings, apply contraventional sanctions within their competence, and trigger disciplinary or termination procedures after a definitive finding. (Law on the National Integrity Authority No. 132/2016, Arts. 37, 38, 39; Contravention Code of the Republic of Moldova, Art. 4233)

Legislation

*Last update: 2017


Freedom of Information


Quantitative Data

Primary Metric

201220152016201720202024Trend
Scope and Coverage100
Information access and release100
Exceptions and Overrides67
Sanctions for non-compliance33
Monitoring and Oversight33

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope and Coverage

Scope of disclosure

Existence of legal right to access Yes. (1) Any natural or legal person has the right to access information of public interest, in the forms and conditions provided by law. (2) Information providers are obliged to ensure access to information of public interest, in the forms and conditions provided by law. (Article 6 of Law No. 148 of 09-06-2023 on access to information of public interest)
"Information" or "Documents" is defined Yes. For the purposes of this law, information of public interest is all information held by information providers, regardless of the storage medium (on paper, in electronic form or in any other format). (Article 4 of Law No. 148 of 09-06-2023 on access to information of public interest)
Proactive disclosure is specified Yes. Access to information of public interest is achieved through: a) proactive transparency – the ex officio dissemination of information of public interest, in particular by publishing it on the official websites of information providers in the manner provided for in Chapter II; (Article 7 of Law No. 148 of 09-06-2023 on access to information of public interest)

Coverage of public and private sectors

Executive branch Yes. The information providers are: a) public authorities; b) public institutions; (Article 5 of Law No. 148 of 09-06-2023 on access to information of public interest)
Legislative branch Yes. The information providers are: a) public authorities; b) public institutions; (Article 5 of Law No. 148 of 09-06-2023 on access to information of public interest)
Judicial branch Yes. The information providers are: a) public authorities; b) public institutions; (Article 5 of Law No. 148 of 09-06-2023 on access to information of public interest)
Other public bodies Yes. The information providers are: a) public authorities; b) public institutions; (Article 5 of Law No. 148 of 09-06-2023 on access to information of public interest)
Private sector Yes. Article 5. Information providers The information providers are: c) state-owned enterprises and municipal enterprises; d) private legal entities controlled by the information providers referred to in letters a)–c), in accordance with art. 203 para. (3)–(7) of Civil Code no. 1107/2002; e) private legal entities that provide public services, public municipal services or settlement services; f) energy enterprises carrying out activities in the field of natural gas, electricity or thermal energy; g) professional associations and self-administration bodies, established by law, of the professions in the justice sector; h) political parties. (Article 5 of Law No. 148 of 09-06-2023 on access to information of public interest)

Access to specific documents (subject to reactive and/or proactive disclosure)

Draft legal instruments Yes. (1) On the official web pages of public authorities, depending on the specifics of their activity, the following information is published ex officio: a) data on the organizational structure and budget of the public authority, the number of employees/members, its objectives, areas of competence and functions, postal addresses, telephone numbers and other data on the address of the public authority, data on subordinate authorities (with indication and/or reference to their official web pages), telephone numbers of information services; b) data regarding the management of the public authority, regarding the members of the collegial bodies, including studies, professional experience, how to access the position held, e-mail address and telephone number; c) data regarding legal entities to which part of the functions of the public authority are transmitted, in the established manner (name of the organization, postal and legal address, telephone number and e-mail address); d) normative acts regulating the organization and functioning of the public authority, with references to the web pages of the acts in the State Register of Legal Acts; e) the annual report on the activity of the public authority; f) data on planned public procurements, on public procurements carried out, monitoring reports on public procurement contracts, other relevant information; g) data on public events organized by the public authority (meetings, meetings, press conferences, collegiums, etc.), as well as on the decisions adopted at these events; h) data on official visits and business trips abroad of public authority personnel, including the cost and source of financing of the expenses; i) the days and hours of reception in the audience, as well as the data regarding the manner of submitting petitions and requests for communication of information of public interest, including, where applicable, the payments charged for the communication of information of public interest; j) data on programs and projects, including technical assistance, whose beneficiary or executor is the public authority (name, basic goals and tasks, main beneficiaries and executors of the program, deadlines and expected results, volume and sources of financing); k) data regarding the planning and execution of budgets by the public authority; l) references to the government portal of public services and to other information systems intended for obtaining information on public services provided by the public authority; m) reference to the web application of the Information System "Register of State Information Resources and Systems" or to other state information systems that consume data from the respective register, for accessing information of public interest regarding state information resources and systems in the possession or administration of the public authority; n) data regarding the recruitment of persons into the public service: list of competitions for existing vacant positions, contact details of the person responsible for organizing the competitions, qualification requirements for candidates for vacant positions, competition participation form, list of documents to be submitted and deadline for their submission, list of persons admitted to the competition, as well as the list of persons who passed and won the competition; o) data regarding the conduct of the decision-making process, in accordance with the provisions regarding transparency in the decision-making process; p) information of public interest provided for by other normative acts. (Article 10 of Law No. 148 of 09-06-2023 on access to information of public interest)
Enacted legal instruments Yes. (1) On the official web pages of public authorities, depending on the specifics of their activity, the following information is published ex officio: a) data on the organizational structure and budget of the public authority, the number of employees/members, its objectives, areas of competence and functions, postal addresses, telephone numbers and other data on the address of the public authority, data on subordinate authorities (with indication and/or reference to their official web pages), telephone numbers of information services; b) data regarding the management of the public authority, regarding the members of the collegial bodies, including studies, professional experience, how to access the position held, e-mail address and telephone number; c) data regarding legal entities to which part of the functions of the public authority are transmitted, in the established manner (name of the organization, postal and legal address, telephone number and e-mail address); d) normative acts regulating the organization and functioning of the public authority, with references to the web pages of the acts in the State Register of Legal Acts; e) the annual report on the activity of the public authority; f) data on planned public procurements, on public procurements carried out, monitoring reports on public procurement contracts, other relevant information; g) data on public events organized by the public authority (meetings, meetings, press conferences, collegiums, etc.), as well as on the decisions adopted at these events; h) data on official visits and business trips abroad of public authority personnel, including the cost and source of financing of the expenses; i) the days and hours of reception in the audience, as well as the data regarding the manner of submitting petitions and requests for communication of information of public interest, including, where applicable, the payments charged for the communication of information of public interest; j) data on programs and projects, including technical assistance, whose beneficiary or executor is the public authority (name, basic goals and tasks, main beneficiaries and executors of the program, deadlines and expected results, volume and sources of financing); k) data regarding the planning and execution of budgets by the public authority; l) references to the government portal of public services and to other information systems intended for obtaining information on public services provided by the public authority; m) reference to the web application of the Information System "Register of State Information Resources and Systems" or to other state information systems that consume data from the respective register, for accessing information of public interest regarding state information resources and systems in the possession or administration of the public authority; n) data regarding the recruitment of persons into the public service: list of competitions for existing vacant positions, contact details of the person responsible for organizing the competitions, qualification requirements for candidates for vacant positions, competition participation form, list of documents to be submitted and deadline for their submission, list of persons admitted to the competition, as well as the list of persons who passed and won the competition; o) data regarding the conduct of the decision-making process, in accordance with the provisions regarding transparency in the decision-making process; p) information of public interest provided for by other normative acts. (Article 10 of Law No. 148 of 09-06-2023 on access to information of public interest)
Annual budgets Yes. (1) On the official web pages of public authorities, depending on the specifics of their activity, the following information is published ex officio: a) data on the organizational structure and budget of the public authority, the number of employees/members, its objectives, areas of competence and functions, postal addresses, telephone numbers and other data on the address of the public authority, data on subordinate authorities (with indication and/or reference to their official web pages), telephone numbers of information services; b) data regarding the management of the public authority, regarding the members of the collegial bodies, including studies, professional experience, how to access the position held, e-mail address and telephone number; c) data regarding legal entities to which part of the functions of the public authority are transmitted, in the established manner (name of the organization, postal and legal address, telephone number and e-mail address); d) normative acts regulating the organization and functioning of the public authority, with references to the web pages of the acts in the State Register of Legal Acts; e) the annual report on the activity of the public authority; f) data on planned public procurements, on public procurements carried out, monitoring reports on public procurement contracts, other relevant information; g) data on public events organized by the public authority (meetings, meetings, press conferences, collegiums, etc.), as well as on the decisions adopted at these events; h) data on official visits and business trips abroad of public authority personnel, including the cost and source of financing of the expenses; i) the days and hours of reception in the audience, as well as the data regarding the manner of submitting petitions and requests for communication of information of public interest, including, where applicable, the payments charged for the communication of information of public interest; j) data on programs and projects, including technical assistance, whose beneficiary or executor is the public authority (name, basic goals and tasks, main beneficiaries and executors of the program, deadlines and expected results, volume and sources of financing); k) data regarding the planning and execution of budgets by the public authority; l) references to the government portal of public services and to other information systems intended for obtaining information on public services provided by the public authority; m) reference to the web application of the Information System "Register of State Information Resources and Systems" or to other state information systems that consume data from the respective register, for accessing information of public interest regarding state information resources and systems in the possession or administration of the public authority; n) data regarding the recruitment of persons into the public service: list of competitions for existing vacant positions, contact details of the person responsible for organizing the competitions, qualification requirements for candidates for vacant positions, competition participation form, list of documents to be submitted and deadline for their submission, list of persons admitted to the competition, as well as the list of persons who passed and won the competition; o) data regarding the conduct of the decision-making process, in accordance with the provisions regarding transparency in the decision-making process; p) information of public interest provided for by other normative acts. (Article 10 of Law No. 148 of 09-06-2023 on access to information of public interest)
Annual chart of accounts (actual expenditures) Yes. (1) On the official web pages of public authorities, depending on the specifics of their activity, the following information is published ex officio: a) data on the organizational structure and budget of the public authority, the number of employees/members, its objectives, areas of competence and functions, postal addresses, telephone numbers and other data on the address of the public authority, data on subordinate authorities (with indication and/or reference to their official web pages), telephone numbers of information services; b) data regarding the management of the public authority, regarding the members of the collegial bodies, including studies, professional experience, how to access the position held, e-mail address and telephone number; c) data regarding legal entities to which part of the functions of the public authority are transmitted, in the established manner (name of the organization, postal and legal address, telephone number and e-mail address); d) normative acts regulating the organization and functioning of the public authority, with references to the web pages of the acts in the State Register of Legal Acts; e) the annual report on the activity of the public authority; f) data on planned public procurements, on public procurements carried out, monitoring reports on public procurement contracts, other relevant information; g) data on public events organized by the public authority (meetings, meetings, press conferences, collegiums, etc.), as well as on the decisions adopted at these events; h) data on official visits and business trips abroad of public authority personnel, including the cost and source of financing of the expenses; i) the days and hours of reception in the audience, as well as the data regarding the manner of submitting petitions and requests for communication of information of public interest, including, where applicable, the payments charged for the communication of information of public interest; j) data on programs and projects, including technical assistance, whose beneficiary or executor is the public authority (name, basic goals and tasks, main beneficiaries and executors of the program, deadlines and expected results, volume and sources of financing); k) data regarding the planning and execution of budgets by the public authority; l) references to the government portal of public services and to other information systems intended for obtaining information on public services provided by the public authority; m) reference to the web application of the Information System "Register of State Information Resources and Systems" or to other state information systems that consume data from the respective register, for accessing information of public interest regarding state information resources and systems in the possession or administration of the public authority; n) data regarding the recruitment of persons into the public service: list of competitions for existing vacant positions, contact details of the person responsible for organizing the competitions, qualification requirements for candidates for vacant positions, competition participation form, list of documents to be submitted and deadline for their submission, list of persons admitted to the competition, as well as the list of persons who passed and won the competition; o) data regarding the conduct of the decision-making process, in accordance with the provisions regarding transparency in the decision-making process; p) information of public interest provided for by other normative acts. (Article 10 of Law No. 148 of 09-06-2023 on access to information of public interest)
Annual reports of public entities and programs Yes. (1) On the official web pages of public authorities, depending on the specifics of their activity, the following information is published ex officio: a) data on the organizational structure and budget of the public authority, the number of employees/members, its objectives, areas of competence and functions, postal addresses, telephone numbers and other data on the address of the public authority, data on subordinate authorities (with indication and/or reference to their official web pages), telephone numbers of information services; b) data regarding the management of the public authority, regarding the members of the collegial bodies, including studies, professional experience, how to access the position held, e-mail address and telephone number; c) data regarding legal entities to which part of the functions of the public authority are transmitted, in the established manner (name of the organization, postal and legal address, telephone number and e-mail address); d) normative acts regulating the organization and functioning of the public authority, with references to the web pages of the acts in the State Register of Legal Acts; e) the annual report on the activity of the public authority; f) data on planned public procurements, on public procurements carried out, monitoring reports on public procurement contracts, other relevant information; g) data on public events organized by the public authority (meetings, meetings, press conferences, collegiums, etc.), as well as on the decisions adopted at these events; h) data on official visits and business trips abroad of public authority personnel, including the cost and source of financing of the expenses; i) the days and hours of reception in the audience, as well as the data regarding the manner of submitting petitions and requests for communication of information of public interest, including, where applicable, the payments charged for the communication of information of public interest; j) data on programs and projects, including technical assistance, whose beneficiary or executor is the public authority (name, basic goals and tasks, main beneficiaries and executors of the program, deadlines and expected results, volume and sources of financing); k) data regarding the planning and execution of budgets by the public authority; l) references to the government portal of public services and to other information systems intended for obtaining information on public services provided by the public authority; m) reference to the web application of the Information System "Register of State Information Resources and Systems" or to other state information systems that consume data from the respective register, for accessing information of public interest regarding state information resources and systems in the possession or administration of the public authority; n) data regarding the recruitment of persons into the public service: list of competitions for existing vacant positions, contact details of the person responsible for organizing the competitions, qualification requirements for candidates for vacant positions, competition participation form, list of documents to be submitted and deadline for their submission, list of persons admitted to the competition, as well as the list of persons who passed and won the competition; o) data regarding the conduct of the decision-making process, in accordance with the provisions regarding transparency in the decision-making process; p) information of public interest provided for by other normative acts. (Article 10 of Law No. 148 of 09-06-2023 on access to information of public interest)

Information access and release

Procedural access

Universal access (agencies, citizens and non-citizens) Yes. (1) Any natural or legal person has the right to access information of public interest, in the forms and conditions provided by law. (2) Information providers are obliged to ensure access to information of public interest, in the forms and conditions provided by law. (Article 6 of Law No. 148 of 09-06-2023 on access to information of public interest)
Type of request is specified (written, electronic, oral) Yes. (1) The request shall be submitted to the information provider and may be: a) transmitted in electronic form; b) submitted in writing or sent by post; c) addressed verbally (directly or by telephone). (2) For the application submitted in electronic form, it is not necessary to meet the legal requirements established for electronic documents. (Article 14 of Law No. 148 of 09-06-2023 on access to information of public interest)
Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.) Yes. d) the principle of facilitating access to information of public interest – information providers must provide assistance to applicants, especially those with special needs, in submitting requests, receiving and understanding the response. Requests for information must be examined and resolved in a prompt and fair manner; (Article 3 d) of Law No. 148 of 09-06-2023 on access to information of public interest)
Cost of access is specified (free, request fees, photocopying costs, other administrative costs) Yes. (1) The communication of information of public interest is free of charge, with the exceptions provided for in the normative acts, if it is carried out through: a) providing information in electronic form; b) sending the information by mail, on paper, and the volume does not exceed 20 pages; c) the information is released at the information provider's headquarters, on paper, and the volume does not exceed 20 pages; d) examination of the original information at the information provider's premises; e) presentation of information in verbal form, in the case of requests made verbally. (Article 22 (1) of Law No. 148 of 09-06-2023 on access to information of public interest)

Deadlines for release of information

20-day response deadline Yes. (1) Information of public interest shall be communicated to the applicant from the moment it is available for communication, but no later than 10 days from the date of registration of the application. (Article 19 (1) of Law No. 148 of 09-06-2023 on access to information of public interest)
Agency granted right to extend response time Yes. (2) The deadline set out in paragraph (1) may be extended by a maximum of 7 days if the application is complex or a large volume of information is requested, which requires additional time for processing. The extension shall take effect only if the applicant is informed thereof in writing, within the deadline set out in paragraph (1) and indicating the reasons for the extension. (Article 19 (2) of Law No. 148 of 09-06-2023 on access to information of public interest)
Maximum total response time of no more than 40 days Yes. (2) The deadline set out in paragraph (1) may be extended by a maximum of 7 days if the application is complex or a large volume of information is requested, which requires additional time for processing. The extension shall take effect only if the applicant is informed thereof in writing, within the deadline set out in paragraph (1) and indicating the reasons for the extension. (Article 19 (2) of Law No. 148 of 09-06-2023 on access to information of public interest)

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law Yes. Law No. 245-XVI of November 27, 2008, on State Secrets (Law No. 245-XVI of November 27, 2008, on State Secrets)
Existence of personal privacy/data law Yes. Law No. 195 of 25.07.2024 on personal data protection (Law No. 195 of 25.07.2024 on personal data protection )
Specific exemptions to disclosure Yes. (1) Access to information of public interest may be limited in accordance with the proportionality criterion set out in Article 9 if the disclosure of the information would prejudice: a) public safety; b) international relations; c) preventing or detecting crimes or contraventions; d) carrying out criminal prosecution; e) conducting administrative or judicial proceedings; f) protection of personal data; g) intellectual property rights; h) trade secret. (2) Access to information of public interest is also limited when the restriction is expressly provided for by law, including in the case of information that constitutes state, banking or medical secrets. (3) By way of derogation from paragraph (1) letter f), it is prohibited to limit access to information of public interest that constitutes personal data relating to the professional activity of public officials, within the meaning of the Integrity Law no. 82/2017, including: a) name and surname; b) function; c) studies; d) professional experience; e) remuneration; f) conflicts of interest; g) outstanding disciplinary sanctions. (Article 8 of Law No. 148 of 09-06-2023 on access to information of public interest)
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals

Appeals allowed within public entities No. Absent from legal framework (Absent from legal framework)
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding. No. Absent from legal framework (Absent from legal framework)
Judicial appeals mechanism Yes. (1) Any person claiming the right of access to information of public interest may challenge in court any action or inaction of information providers that violates the provisions of this law. (2) The actions or inactions of information providers are challenged by filing an administrative litigation action, which is submitted and examined in accordance with the provisions of the Administrative Code, without observing the preliminary procedure, with the exceptions and additions established by this law. In the part related to the administrative litigation procedure, all information providers are assimilated to public authorities. (3) The administrative litigation action shall be filed within 30 days from the date of communication of the information provider's response. If the information provider does not resolve the request within the time limit provided for in art. 19, the administrative litigation action may be filed within one year from the date of expiry of the time limit. (Article 25 of Law No. 148 of 09-06-2023 on access to information of public interest)

Sanctions for non-compliance

Administrative sanctions are specified for violations of disclosure requirements No. Absent from legal framework (Absent from legal framework)
Fines are specified for violations of disclosure requirements Yes. Fine imposed on the information provider (1) For the violations provided for in art. 28, the court shall impose a pecuniary sanction in the form of a fine on the information provider. (2) The fine shall be determined in conventional units. One conventional unit shall be 50 lei. (3) When applying the fine, the following shall be taken into account: a) the seriousness and duration of the infringement found; b) the consequences of the violation found for the complainant; c) other relevant circumstances. (4) The court shall apply to the information provider: a) for the violation provided for in art. 28 letter a) – fine from 5 to 60 conventional units; b) for the violations provided for in art. 28 letters b)–d) – fine from 10 to 100 conventional units; c) for the violation provided for in art. 28 letter e) – fine from 20 to 200 conventional units. (5) The fine shall be collected from the account of the information provider and transferred to the state budget. (6) The fine shall be enforced in accordance with the provisions of the Administrative Code. (Article 29 of Law No. 148 of 09-06-2023 on access to information of public interest)
Criminal sanctions are specified for violations of disclosure requirements No. Absent from legal framework (Absent from legal framework)

Monitoring and Oversight

Information officers must be appointed in public agencies No. Absent from legal framework (Absent from legal framework)
Public body that is responsible for applying sanctions No. Absent from legal framework (Absent from legal framework)
Public body that is responsible for public outreach (raising public awareness) No. Absent from legal framework (Absent from legal framework)
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman. No. Absent from legal framework (Absent from legal framework)
Ombudsman involvement in implementation is specified by law Yes. The responsibilities of the People's Advocate The People's Advocate ensures compliance with the right to access information of public interest in accordance with Law No. 52/2014 on the People's Advocate (Ombudsman). (Article 31 of Law No. 148 of 09-06-2023 on access to information of public interest)
Reporting of data and/or implementation is required Yes. (1) Annually, by the end of March, the State Chancellery shall prepare and publish on its official website the report on the examination and resolution of requests for communication of information of public interest by public authorities. (2) The report provided for in paragraph (1) includes the analysis of generalized statistical data from the registers of requests for communication of information of public interest of the following public authorities and institutions: (Article 32 of Law No. 148 of 09-06-2023 on access to information of public interest)

Legislation

*Last update: 2017


Public Procurement


Quantitative Data

Primary Metric

201220152016201720202024Trend
Scope91
Information availability96
Evaluation94
Open competition67
Institutional arrangements36

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope

Threshold - lowest PP

What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) MDL 300,000. Below MDL 300,000: low-value procurement (simplified procedure via SIA RSAP); MDL 300,000 and above: full Law No. 131/2015 procedures apply, with the open tender as the standard procedure; above the EU-equivalent upper threshold: full procedures with broader publication requirements through MTender. (Law No. 131/2015, Art. 2 (as amended February 2023))
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) MDL 325,000. Below MDL 325,000: low-value procurement (simplified procedure via SIA RSAP); MDL 325,000 and above: full Law No. 131/2015 procedures apply. (Law No. 131/2015, Art. 2 (as amended February 2023))
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) MDL 300,000. Social services follow a separate, higher lower threshold (MDL 600,000); below these thresholds: low-value procedures; above: full Law No. 131/2015 procedures; the distinction between standard and social services is a feature of Law No. 131/2015. (Law No. 131/2015, Art. 2 (as amended February 2023))

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) MDL 300,000. All public sector contracting authorities (central, regional, local): below these thresholds – low-value procurement via SIA RSAP; above – full Law No. 131/2015 procedures via MTender. (Law No. 131/2015, Art. 2 (as amended February 2023))
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) MDL 300,000. Law No. 131/2015 covers both classical sector and utilities contracting authorities under the same threshold structure; there is no separate higher utilities threshold system as in the EU Directives – this is identified as a gap vs. EU acquis; the draft new Law No. 325 [draft to enter into force January Dec. 2024] will introduce separate thresholds aligned with Directive 2014/25/EU. (Law No. 131/2015, Art. 2; EC 2024 Report)
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) MDL 300,000. Moldova has not adopted a law transposing Directive 2009/81/EC on defence and security procurement; defence procurement may benefit from exemptions under Art. 4 of Law No. 131/2015 (national security, confidentiality, international obligations); the EC 2024 Report recommends alignment of the concession/PPP framework but does not specifically flag a defence law gap. (Law No. 131/2015, Art. 4)

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) MDL 300,000. Below MDL 300,000: low-value procurement via SIA RSAP; above MDL 300,000: full open tender (or restricted/negotiated where permitted) via MTender; no internally differentiated upper threshold system. (Law No. 131/2015, Art. 2 (as amended February 2023))
What are the minimum application thresholds for the procurement type? (Product type WORKS) MDL 325,000. Below MDL 325,000: low-value procedure via SIA RSAP; above MDL 325,000: full open tender via MTender. (Law No. 131/2015, Art. 2 (as amended February 2023))
What are the minimum application thresholds for the procurement type? (Product type SERVICES) MDL 300,000. Standard services: same treatment as goods; social services follow a separate light-touch regime with a higher lower threshold of MDL 600,000; above either threshold: full Law No. 131/2015 procedures. (Law No. 131/2015, Art. 2 (as amended February 2023))

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full? Yes. All tender documentation must be published on and downloadable from MTender from the date of notice publication; access is free and unrestricted; the MTender open data portal provides unrestricted access to all published procurement data. (Law No. 131/2015, Arts. 18–24; MTender system)
Are any of these documents published online at a central place? Yes. MTender Public Portal: https://mtender.gov.md (central government-operated portal with OCDS open data); MTender open data API: accessible via API for all procurement data; SIA RSAP for low-value procurement; multiple accredited private commercial platforms connected to the MTender central database; PPA website: www.tender.gov.md (Law No. 131/2015; MTender system)
Is it mandatory to keep all of these records? -Public notices of bidding opportunities, -Bidding documents and addenda, -Bid opening records, -Bid evaluation reports, -Formal appeals by bidders and outcomes, -Final signed contract documents and addenda and amendments, -Claims and dispute resolutions, -Final payments, -Disbursement data (as required by the country’s financial management system) Yes. Contracting authorities must maintain complete procurement files; MTender covers planning, tender, award and contract stages; the Law on Free Access to Information imposes additional transparency obligations; the draft new Law No. 325 explicitly introduces "strict measures for publication and reporting" as one of its core innovations. (Law No. 131/2015; draft new Law No. 325; Law on Free Access to Information)
Are contracts awarded within a framework agreement published (ie mini contracts)? Yes. Framework agreement call-off contracts are published through MTender as assigned contracts; the MTender OCDS data standard theoretically covers all stages; however, the Open Contracting Partnership has noted that contract implementation data (including call-off details) is not consistently or fully reported in MTender. (Law No. 131/2015, Arts. 63–64; MTender OCDS data)

Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases? Yes. Law No. 131/2015 requires tenderers to declare subcontractors; the contracting authority must include subcontractor information in the contract and publish it through MTender; however, subcontractor details are not always consistently published in practice. (Law No. 131/2015)
If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)? For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column. 0%. All known subcontractors must be declared regardless of the proportion subcontracted; no percentage threshold triggers or exempts the disclosure obligation. (Law No. 131/2015)

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or brands in tender specification/call for tender? Yes. Technical specifications may not refer to a specific manufacturer, origin, process, trademark, patent, type, or place of production in a way that favours or eliminates operators; such references require "or equivalent" justification; aligned with EU best practice. (Law No. 131/2015, Art. 35)
Is there a preferential treatment for small-to-medium enterprises (SMEs)? No. No explicit preferential treatment for SMEs exists in Law No. 131/2015; principles of equal treatment and non-discrimination apply; the draft new Law No. 325 includes provisions to "reduce administrative barriers and eliminate disproportionate requirements that hinder economic operators' fair access" – indirectly improving SME access. (Law No. 131/2015, Art. 7; draft new Law No. 325)
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) No. Principles of equal treatment and non-discrimination apply; EU-based suppliers are entitled to equal treatment; as a candidate country, Moldova's compliance with the non-discrimination principle is monitored by the EC. (Law No. 131/2015, Art. 7)
Is there a specific set of rules for green/sustainable procurement? Yes. The Ministry of Finance published a Guide for Sustainable Public Procurement Practices (2024) supporting integration of environmental and social criteria; Law No. 131/2015 permits but does not mandate green procurement criteria; the EC 2024 and 2024 Reports recommend implementing a green public procurement strategy; the draft new Law No. 325 will include provisions aligned with EU sustainability requirements; (Law No. 131/2015; Guide for SPP 2024; EC 2024 Report)

Bid evaluation

Are there restrictions on allowable grounds for tenderer exclusion? Yes. Law No. 131/2015 establishes mandatory and discretionary exclusion grounds: mandatory grounds include criminal conviction for corruption, fraud, organised crime, terrorist financing; non-payment of taxes and social contributions; insolvency/bankruptcy; three-year debarment for economic operators that committed procurement violations; the draft new Law No. 325 includes "more explicit rules on conflicts of interest" and improved exclusion mechanisms. (Law No. 131/2015, Arts. 18–21; draft new Law No. 325)
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. No. For abnormally low tenders, Law No. 131/2015 (Art. 66) establishes a mandatory clarification process: the contracting authority must request justification from the tenderer before exclusion; the draft new Law No. 325 improves the mechanism for calculating and handling abnormally low bids. (Law No. 131/2015, Art. 66; draft new Law No. 325)
Is scoring criteria published? Yes. Contracting authorities must publish award criteria and their relative weights in the tender documents; the principal award criteria under Law No. 131/2015 are: (a) lowest price; (b) best value for money (price-quality ratio); in practice, lowest price dominates: for works contracts, the best-value-for-money criterion requires a minimum 80% weight for price; the draft new Law No. 325 reduces the minimum price weight from 80% to 60% for works to incentivise quality; this is one of the stated innovations of the new law. (Law No. 131/2015, Art. 65(19); draft new Law No. 325)
Are decisions always made by a committee? Yes. Law No. 131/2015 requires the contracting authority to establish a Procurement Working Group (Grupul de lucru) of at least 5 members with relevant expertise; this is a higher minimum than most regional comparators; the group evaluates tenders and issues written, reasoned decisions. (Law No. 131/2015, Art. 13)
Are there regulations on evaluation committee composition to prevent conflict of interest? Yes. Law No. 131/2015 includes conflict-of-interest provisions for Procurement Working Group members; members must declare conflicts and recuse themselves; the draft new Law No. 325 introduces "more explicit rules on conflicts of interest" as a stated improvement. (Law No. 131/2015, Art. 14; draft new Law No. 325)
Is some part of evaluation committee mandatorily independent of contracting authority? No. There is no legal requirement for Procurement Working Group members to be independent of the contracting authority; members are generally officials of the contracting authority with relevant expertise; external experts may be invited but are not mandatory. (Law No. 131/2015, Art. 13)
Are scoring results publicly available? Yes. Award decisions and their reasoning are published through MTender; all tenderers must be notified of the award decision; MTender publishes award data in OCDS format, accessible via open API; (Law No. 131/2015; MTender OCDS; Competition Council-ANSC MoU February Dec. 2024)
Does the law specify under which conditions the tender can be cancelled? Yes. Law No. 131/2015 (Art. 67) specifies conditions for cancellation of a procurement procedure: no bid was received; no bid is acceptable; fundamental circumstances changed; the procedure is vitiated by errors; public interest grounds; the cancellation must be published through MTender and communicated to all tenderers. (Law No. 131/2015, Art. 67)

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders? Yes. MTender Public Portal: https://mtender.gov.md (for all procedures above low-value thresholds); SIA RSAP (for low-value procedures); multiple accredited private commercial platforms connected to the MTender central database; PPA website: www.tender.gov.md; the Official Monitor of the Republic of Moldova for above-threshold notices. (Law No. 131/2015, Arts. 18–24; MTender system)
Does the law specify the location for publicizing restricted calls for tenders? Yes. MTender Public Portal: https://mtender.gov.md; same publication requirements as for open procedures. (Law No. 131/2015, Arts. 18–24; MTender system)
Does the law specify the location for publicizing negotiated calls for tenders? Yes. MTender Public Portal: https://mtender.gov.md; negotiated procedures with prior publication are published through MTender; negotiated procedures without prior publication are reported after award. (Law No. 131/2015, Arts. 18–24; MTender system)

Minimum # of bidders

What is the minimum number of bidders for restricted procedures? 3. The minimum number of candidates invited in the restricted tender (licitația restrânsă) is 3. (Law No. 131/2015)
What is the minimum number of bidders for negotiated procedures? 3. The minimum number of candidates for the negotiated procedure with prior publication is 3. (Law No. 131/2015)
What is the minimum number of bidders for competitive dialogue procedures? 3. The minimum number of participants in competitive dialogue is 3. (Law No. 131/2015)

Bidding period length

What are the minimum number of days for open procedures? 30. For the open tender (licitatie deschisă) above the low-value threshold: minimum 30 days from publication of notice to bid submission deadline; for small value procurement: minimum 7 days; for urgent cases: reduced time limits per Law No. 131/2015 provisions. (Law No. 131/2015, Arts. 26–30)
What are the minimum number of days for restricted procedures? 30. Minimum 30 days for submission of requests to participate; minimum 25 days from invitation to tender for submission of offers. (Law No. 131/2015)
What are the minimum number of days for competitive negotiated procedures? 30. Minimum 30 days for the candidacy stage; subsequent stages set by the contracting authority. (Law No. 131/2015)

Institutional arrangements

Institutions and regulations

Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Yes. Law No. 131/2015 (Art. 4) does not apply to: (1) contracts requiring confidentiality for national security reasons; (2) contracts under specific international procedure rules required by international financing institutions or international aid programmes; (3) R&D services where the contracting authority does not exclusively benefit; (4) arbitration and conciliation services; (5) financial services related to issue, purchase, sale or transfer of securities; (6) employment contracts; (7) certain broadcasting services; (8) concession contracts (governed by separate law); (9) certain civil defence and emergency services; the EC 2024 Report explicitly recommends aligning the concession and PPP frameworks with EU acquis. (Law No. 131/2015, Art. 4; EC 2024 Report)
Does the law specify the main types of institutions that must apply the public procurement law? Yes. Law No. 131/2015 (Art. 2) applies to: (a) public authorities and public bodies of the central public administration; (b) public authorities and bodies of local public administration (rayons, municipalities, communes); (c) legal persons governed by public law created to meet general interest needs, financed or controlled by contracting authorities; (d) public enterprises (majority state-owned); (e) entities conducting activities of general interest in the sectors of water, energy, transport and postal services (utilities). (Law No. 131/2015, Art. 2)
Does the law specify the main procedure types or procurement methods permitted? Yes. Open tender (licitație deschisă) – the standard procedure; Restricted tender (licitație restrânsă); Competitive dialogue; Negotiated procedure with prior publication; Negotiated procedure without prior publication; Request for quotations (cerere a ofertelor de prețuri) – simplified procedure; Low-value procurement (below thresholds, via SIA RSAP); Design contest; the draft new Law No. 325 will introduce innovation partnership and further align procedure types with EU Directives 2014 [draft to enter into force January Dec. 2024]. (Law No. 131/2015, Arts. 25–30; draft new Law No. 325)
Is there a procurement arbitration court dedicated to public procurement cases? Yes. The National Agency for Complaint Resolution (ANSC) served as the first-instance review body under Law No. 131/2015; followed by a mandatory 11-day standstill period before contract signing; (Law No. 131/2015, Arts. 75–86)
Is there a procurement regulatory body dedicated to public procurement? Yes. The Public Procurement Agency (PPA / Agenția Achiziții Publice) (www.tender.gov.md) is the central regulatory body, subordinate to the Ministry of Finance; it issues sub-legal acts, manages/develops the MTender system (in partnership with the Centre for Information Technologies in Finance – CTIF), publishes standard model documents and annual reports; 325 and modernising MTender; (Law No. 131/2015, Arts. 7–12; current institutional framework at end-2024)
Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)? No. Law No. 131/2015 does not establish a regulated profession of procurement adviser; however, the draft new Law No. the current institutional framework at end-2024 targets professionalisation. (Law No. 131/2015; draft new Law No. 325; current institutional framework at end-2024)
Is disclosure of final, beneficial owners required for placing a bid? No. Law No. 131/2015 does not require beneficial ownership disclosure as a precondition for bidding; however, the draft new Law No. this is also aligned with Moldova's anti-money laundering reform (AML Law amendments adopted November 2024 per EC 2024 Report). (Law No. 131/2015; draft new Law No. 325; AML Law amendments November 2024)

Complaints

Is there a fee for arbitration procedure? No. Law No. 131/2015 on Public Procurement does not establish a fee for filing complaints with the National Agency for Complaint Resolution (ANSC); complaints may be filed free of charge under the current framework. (Law No. 131/2015, Arts. 75–86)
Is there a ban on contract signature until arbitration court decision (first instance court)? Yes. Under Law No. 131/2015, Art. 79, when a complaint is filed with ANSC, the procurement procedure is automatically suspended until ANSC decides on the admissibility and merits; there is no universal mandatory standstill period after award notification regardless of whether a complaint is filed. A universal mandatory standstill is draft in draft remedies legislation not yet in force. (Law No. 131/2015, Art. 79)
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? N/S. Law No. 131/2015 does not set an explicit maximum number of days for ANSC to issue a decision; ANSC procedures are governed by the general administrative procedure rules. (Law No. 131/2015, Arts. 75–86)
Is there a requirement to publicly release arbitration court decisions ? Yes. 79(6ą) of Law No. 131/2015); the new Law on Remedies strengthened publication obligations; MTender publishes procurement suspension notices when complaints are filed; (Law No. 131/2015, Art. 79; Law No. 131/2015, Art. 79)

Legislation

Government Decision No. 870/2022 approving the Regulation on Low-Value Public Procurement (Romanian)pdf
Law No. 131/2015 on Public Procurement (Romanian)pdf
Law on Access to Information (Romanian)pdf

*Last update: 2017


Anti Money Laundering


Quantitative Data

Primary Metric

201220152016201720202024Trend
Risk-based approach100
Sanctions for natural persons100
Sanctions for legal persons100
Pecuniary sanctions for obliged entities60
Beneficial ownership of legal persons and legal arrangements48
Supervision of obliged entities100
Financial Intelligence Units (FIUs)83
Mutual legal assistance (MLA) and International Cooperation100

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Country score

Risk-based approach

Each Member State shall be legally required to prepare a national risk assessment that outlines appropriate steps to identify, assess, understand and mitigate the risks of money laundering and terrorist financing affecting it. Yes. The Service, jointly with the bodies with supervisory functions over reporting entities, law enforcement bodies and other competent institutions, organizes, carries out and updates, at least once every 3 years, the assessment of money laundering and terrorist financing risks at national level in order to: a) optimize the regulatory, institutional and policy framework in the field of preventing and combating money laundering and terrorist financing; b) efficiently distribute material, financial and human resources by the Service, the bodies with supervisory functions over reporting entities, law enforcement bodies and other competent institutions; c) inform public authorities, professional associations and reporting entities about the money laundering and terrorist financing risks identified at national level. (Article 6, Law. 308/2017)
Member states shall be legally required to keep the national risk assessment up to date and review it at least every 4 years. Yes. The Service, jointly with the bodies with supervisory functions over reporting entities, law enforcement bodies and other competent institutions, organizes, carries out and updates, at least once every 3 years, the assessment of money laundering and terrorist financing risks at national level in order to: a) optimize the regulatory, institutional and policy framework in the field of preventing and combating money laundering and terrorist financing; b) efficiently distribute material, financial and human resources by the Service, the bodies with supervisory functions over reporting entities, law enforcement bodies and other competent institutions; c) inform public authorities, professional associations and reporting entities about the money laundering and terrorist financing risks identified at national level. (Article 6, Law. 308/2017)
Member states should legally designate an authority or mechanism to co-ordinate actions to assess risks. Yes. The Service, jointly with the bodies with supervisory functions over reporting entities, law enforcement bodies and other competent institutions, organizes, carries out and updates, at least once every 3 years, the assessment of money laundering and terrorist financing risks at national level in order to: a) optimize the regulatory, institutional and policy framework in the field of preventing and combating money laundering and terrorist financing; b) efficiently distribute material, financial and human resources by the Service, the bodies with supervisory functions over reporting entities, law enforcement bodies and other competent institutions; c) inform public authorities, professional associations and reporting entities about the money laundering and terrorist financing risks identified at national level. (Article 6, Law. 308/2017)

Sanctions for natural persons

The following conduct, when committed intentionally, is punishable as a criminal offence: the conversion or transfer of property, knowing that such property is derived from criminal activity, for the purpose of concealing or disguising the illicit origin of the property or of assisting any person who is involved in the commission of such an activity to evade the legal consequences of that person’s action; Yes. Article 243. Money laundering (1) Money laundering committed by: 3a) the conversion or transfer of assets by a person who knows or should have known that they constitute illicit income, in order to conceal or disguise the illicit origin of the assets or to help any person, involved in the commission of the main crime, to avoids the legal consequences of these actions; b) concealing or disguising the nature, origin, location, disposition, transmission, movement of the real property of goods or related rights by a person who knows or should have known that they constitute illicit income; c) the acquisition, possession or use of goods by a person who knows or should have known that they constitute illegal income; d) participating in any association, agreement, complicity by providing assistance, help or advice in order to commit the actions provided for in letters a)-c) shall be punished with a fine in the amount of 2350 to 4350 conventional units or with imprisonment of up to 6 years, in both cases with (or without) the deprivation of the right to hold certain positions or to exercise a certain activity for a period of from 2 to 5 years, with a fine, applied to the legal entity, from 10,000 to 13,000 conventional units with the deprivation of the right to exercise a certain activity or with the liquidation of the legal entity. (Article 243, Criminal Code)
The following conduct, when committed intentionally, is punishable as a criminal offence: the concealment or disguise of the true nature, source, location, disposition, movement, rights with respect to, or ownership of, property, knowing that such property is derived from criminal activity; Yes. Article 243. Money laundering (1) Money laundering committed by: 3a) the conversion or transfer of assets by a person who knows or should have known that they constitute illicit income, in order to conceal or disguise the illicit origin of the assets or to help any person, involved in the commission of the main crime, to avoids the legal consequences of these actions; b) concealing or disguising the nature, origin, location, disposition, transmission, movement of the real property of goods or related rights by a person who knows or should have known that they constitute illicit income; c) the acquisition, possession or use of goods by a person who knows or should have known that they constitute illegal income; d) participating in any association, agreement, complicity by providing assistance, help or advice in order to commit the actions provided for in letters a)-c) shall be punished with a fine in the amount of 2350 to 4350 conventional units or with imprisonment of up to 6 years, in both cases with (or without) the deprivation of the right to hold certain positions or to exercise a certain activity for a period of from 2 to 5 years, with a fine, applied to the legal entity, from 10,000 to 13,000 conventional units with the deprivation of the right to exercise a certain activity or with the liquidation of the legal entity. (Article 243, Criminal Code)
The following conduct, when committed intentionally, is punishable as a criminal offence: the acquisition, possession or use of property, knowing at the time of receipt, that such property was derived from criminal activity. Yes. Article 243. Money laundering (1) Money laundering committed by: 3a) the conversion or transfer of assets by a person who knows or should have known that they constitute illicit income, in order to conceal or disguise the illicit origin of the assets or to help any person, involved in the commission of the main crime, to avoids the legal consequences of these actions; b) concealing or disguising the nature, origin, location, disposition, transmission, movement of the real property of goods or related rights by a person who knows or should have known that they constitute illicit income; c) the acquisition, possession or use of goods by a person who knows or should have known that they constitute illegal income; d) participating in any association, agreement, complicity by providing assistance, help or advice in order to commit the actions provided for in letters a)-c) shall be punished with a fine in the amount of 2350 to 4350 conventional units or with imprisonment of up to 6 years, in both cases with (or without) the deprivation of the right to hold certain positions or to exercise a certain activity for a period of from 2 to 5 years, with a fine, applied to the legal entity, from 10,000 to 13,000 conventional units with the deprivation of the right to exercise a certain activity or with the liquidation of the legal entity. (Article 243, Criminal Code)
Aiding and abetting, inciting and attempting a money laundering offence is punishable as a criminal offence. Yes. Article 243. Money laundering (1) Money laundering committed by: 3a) the conversion or transfer of assets by a person who knows or should have known that they constitute illicit income, in order to conceal or disguise the illicit origin of the assets or to help any person, involved in the commission of the main crime, to avoids the legal consequences of these actions; b) concealing or disguising the nature, origin, location, disposition, transmission, movement of the real property of goods or related rights by a person who knows or should have known that they constitute illicit income; c) the acquisition, possession or use of goods by a person who knows or should have known that they constitute illegal income; d) participating in any association, agreement, complicity by providing assistance, help or advice in order to commit the actions provided for in letters a)-c) shall be punished with a fine in the amount of 2350 to 4350 conventional units or with imprisonment of up to 6 years, in both cases with (or without) the deprivation of the right to hold certain positions or to exercise a certain activity for a period of from 2 to 5 years, with a fine, applied to the legal entity, from 10,000 to 13,000 conventional units with the deprivation of the right to exercise a certain activity or with the liquidation of the legal entity. (Article 243, Criminal Code)
Money laundering offences are punishable by a maximum term of imprisonment of at least four years. Yes. Article 243. Money laundering (1) Money laundering committed by: 3a) the conversion or transfer of assets by a person who knows or should have known that they constitute illicit income, in order to conceal or disguise the illicit origin of the assets or to help any person, involved in the commission of the main crime, to avoids the legal consequences of these actions; b) concealing or disguising the nature, origin, location, disposition, transmission, movement of the real property of goods or related rights by a person who knows or should have known that they constitute illicit income; c) the acquisition, possession or use of goods by a person who knows or should have known that they constitute illegal income; d) participating in any association, agreement, complicity by providing assistance, help or advice in order to commit the actions provided for in letters a)-c) shall be punished with a fine in the amount of 2350 to 4350 conventional units or with imprisonment of up to 6 years, in both cases with (or without) the deprivation of the right to hold certain positions or to exercise a certain activity for a period of from 2 to 5 years, with a fine, applied to the legal entity, from 10,000 to 13,000 conventional units with the deprivation of the right to exercise a certain activity or with the liquidation of the legal entity. (Article 243, Criminal Code)
A prior or simultaneous conviction for the criminal activity from which the property was derived is not a prerequisite for a conviction for money laundering offences Yes. Article 243. Money laundering (1) Money laundering committed by: 3a) the conversion or transfer of assets by a person who knows or should have known that they constitute illicit income, in order to conceal or disguise the illicit origin of the assets or to help any person, involved in the commission of the main crime, to avoids the legal consequences of these actions; b) concealing or disguising the nature, origin, location, disposition, transmission, movement of the real property of goods or related rights by a person who knows or should have known that they constitute illicit income; c) the acquisition, possession or use of goods by a person who knows or should have known that they constitute illegal income; d) participating in any association, agreement, complicity by providing assistance, help or advice in order to commit the actions provided for in letters a)-c) shall be punished with a fine in the amount of 2350 to 4350 conventional units or with imprisonment of up to 6 years, in both cases with (or without) the deprivation of the right to hold certain positions or to exercise a certain activity for a period of from 2 to 5 years, with a fine, applied to the legal entity, from 10,000 to 13,000 conventional units with the deprivation of the right to exercise a certain activity or with the liquidation of the legal entity. (Article 243, Criminal Code)
A conviction for money laundering offences is possible where it is established that the property was derived from a criminal activity, without it being necessary to establish all the factual elements or all circumstances relating to that criminal activity, including the identity of the perpetrator; Yes. Article 243. Money laundering (1) Money laundering committed by: 3a) the conversion or transfer of assets by a person who knows or should have known that they constitute illicit income, in order to conceal or disguise the illicit origin of the assets or to help any person, involved in the commission of the main crime, to avoids the legal consequences of these actions; b) concealing or disguising the nature, origin, location, disposition, transmission, movement of the real property of goods or related rights by a person who knows or should have known that they constitute illicit income; c) the acquisition, possession or use of goods by a person who knows or should have known that they constitute illegal income; d) participating in any association, agreement, complicity by providing assistance, help or advice in order to commit the actions provided for in letters a)-c) shall be punished with a fine in the amount of 2350 to 4350 conventional units or with imprisonment of up to 6 years, in both cases with (or without) the deprivation of the right to hold certain positions or to exercise a certain activity for a period of from 2 to 5 years, with a fine, applied to the legal entity, from 10,000 to 13,000 conventional units with the deprivation of the right to exercise a certain activity or with the liquidation of the legal entity. (Article 243, Criminal Code)

Sanctions for legal persons

Legal persons can be held liable for the breaches of Regulation (EU) 2024/1624 or Regulation (EU) 2023/1113 committed on their behalf or for their benefit by any person, acting individually or as part of a body of that legal person and having a leading position within that legal person, based on any of the following: a power to represent the legal person; an authority to take decisions on behalf of the legal person; an authority to exercise control within the legal person. Yes. (3) A legal person, with the exception of public authorities, is liable for criminal liability for an act provided for by the criminal law if it has not fulfilled or has fulfilled improperly the direct provisions of the law that establish duties or prohibitions regarding the performance of a certain activity and it is found at least one of the following circumstances: a) the act was committed in the interest of the respective legal entity by a natural person empowered with management functions, who acted independently or as part of an organ of the legal entity; b) the act was admitted or authorized, or approved, or used by the person empowered with management functions; c) the act was committed due to the lack of supervision and control on the part of the person empowered with management functions. (Article 21 (3), Criminal Code)
Legal persons can be held liable where the lack of supervision or control has made possible the commission of any money laundering offences for the benefit of that legal person by a person under its authority. Yes. (3) A legal person, with the exception of public authorities, is liable for criminal liability for an act provided for by the criminal law if it has not fulfilled or has fulfilled improperly the direct provisions of the law that establish duties or prohibitions regarding the performance of a certain activity and it is found at least one of the following circumstances: a) the act was committed in the interest of the respective legal entity by a natural person empowered with management functions, who acted independently or as part of an organ of the legal entity; b) the act was admitted or authorized, or approved, or used by the person empowered with management functions; c) the act was committed due to the lack of supervision and control on the part of the person empowered with management functions. (Article 21 (3), Criminal Code)
Legal persons held liable are punishable by criminal or non-criminal fines. Yes. Article 63. Categories of penalties applied legal persons (1) The following penalties may be applied to legal entities: a) fine; b) deprivation of the right to exercise a certain activity; c) liquidation. (2) The fine is applied as the main punishment. (3) Depriving the legal person of the right to exercise a certain activity and its liquidation are applied both as main punishments and as complementary punishments. (Article 63, Criminal Code)
Legal persons held liable are punishable by other sanctions, such as: exclusion from entitlement to public benefits or aid; temporary or permanent exclusion from access to public funding, including tender procedures, grants and concessions; temporary or permanent disqualification from the practice of commercial activities; placing under judicial supervision; a judicial winding-up order; temporary or permanent closure of establishments which have been used for committing the offence. Yes. Article 73. Deprivation of a legal person of the right to exercise a certain 1 activity (1) Depriving a legal person of the right to exercise a certain activity consists in establishing the prohibition to conclude certain transactions, to issue shares or other securities, to receive subsidies, facilities and other advantages from the state or to perform other activities. (2) Deprivation of the right to exercise a certain activity can be limited to a certain territory or to a certain period of the year and is established for a term of up to 5 years or for an unlimited term. (Article 73, Criminal Code)

Pecuniary sanctions for obliged entities

In the event of a breach of Regulations (EU) 2024/1624 and (EU) 2023/1113, where obligations apply to legal persons, pecuniary sanctions can be imposed and administrative measures can be applied not only to the legal person, but also to the senior management and to other natural persons who under national law are responsible for the breach. Yes. (1) Violation of the provisions of this law shall entail, as the case may be, disciplinary, pecuniary, criminal or other types of liability in accordance with the legislation in force. (2) In case of non-compliance with the provisions of this law and the acts subordinated to this law, the following types of sanctions shall be applied to the reporting entities provided for in Article 4, paragraph (1): a) public statement in the mass media, identifying the natural or legal person and the nature of the violation; b) prescription requiring the natural or legal person to cease the respective behavior and refrain from repeating it; c) withdrawal or suspension of the authorization, activity license, if the activity of the reporting entity constitutes the object of authorization or licensing; d) temporary prohibition to exercise management functions in reporting entities by any person with senior management functions in a reporting entity or by any other natural person, declared responsible for the violation; e) pecuniary sanctions in the form of a fine: – in the amount of double the value of the benefit resulting from the violation of the obligations provided for by this law, if the respective benefit can be established, or in the amount of the equivalent in lei of the amount of up to 1,000,000 euros, calculated according to the official exchange rate of the Moldovan leu on the date of the violation; – in the amount of up to the equivalent in lei of the amount of 5,000,000 euros, calculated at the official exchange rate of the Moldovan leu on the date of the violation, or 10% of the turnover for the previous year – for reporting entities from art. 4 para. (1) lit. a), c)–g), i), p) and q). (Article 35, Law no. 308/2017)
Pecuniary sanctions shall be imposed on obliged entities for serious, repeated or systematic breaches, whether committed intentionally or negligently, of the requirements laid down in the following provisions of Regulation (EU) 2024/1624: Chapter II (Internal policies, procedures and controls of obliged entities); Chapter III (Customer due diligence); Chapter V (Reporting obligations); Article 77 (Record retention). Yes. (1) Violation of the provisions of this law shall entail, as the case may be, disciplinary, pecuniary, criminal or other types of liability in accordance with the legislation in force. (2) In case of non-compliance with the provisions of this law and the acts subordinated to this law, the following types of sanctions shall be applied to the reporting entities provided for in Article 4, paragraph (1): a) public statement in the mass media, identifying the natural or legal person and the nature of the violation; b) prescription requiring the natural or legal person to cease the respective behavior and refrain from repeating it; c) withdrawal or suspension of the authorization, activity license, if the activity of the reporting entity constitutes the object of authorization or licensing; d) temporary prohibition to exercise management functions in reporting entities by any person with senior management functions in a reporting entity or by any other natural person, declared responsible for the violation; e) pecuniary sanctions in the form of a fine: – in the amount of double the value of the benefit resulting from the violation of the obligations provided for by this law, if the respective benefit can be established, or in the amount of the equivalent in lei of the amount of up to 1,000,000 euros, calculated according to the official exchange rate of the Moldovan leu on the date of the violation; – in the amount of up to the equivalent in lei of the amount of 5,000,000 euros, calculated at the official exchange rate of the Moldovan leu on the date of the violation, or 10% of the turnover for the previous year – for reporting entities from art. 4 para. (1) lit. a), c)–g), i), p) and q). (Article 35, Law no. 308/2017)
Supervisors are able to apply administrative measures to an obliged entity, where they identify: breaches of Regulation (EU) 2024/1624 or Regulation (EU) 2023/1113, either in combination with pecuniary sanctions for serious, repeated and systematic breaches, or on their own; weaknesses in the internal policies, procedures and controls of the obliged entity that are likely to result in breaches of the requirements; that the obliged entity has internal policies, procedures and controls that are not commensurate with the risks of money laundering, its predicate offences or terrorist financing to which the entity is exposed. Yes. (5) If the reporting entities do not comply with the obligations provided for by this Law, the Service and the bodies with supervisory functions over the reporting entities may apply measures and sanctions established by the legislation. The application of the mentioned sanctions does not exclude the possibility of implementing, in accordance with the legislation in force, other measures for the purpose of preventing and combating money laundering and terrorist financing. (Article 15 (5), Law no.308/2017)
Where obliged entities fail to comply with administrative measures applied by the supervisor within the applicable deadlines, supervisors are able to impose periodic penalty payments in order to compel compliance with those administrative measures. No. Absent from legal framework (Absent from legal framework)
Supervisors are required to publish on their website, in an accessible format, decisions imposing pecuniary sanctions, applying administrative measures or imposing periodic penalty payments. No. Absent from legal framework (Absent from legal framework)

Beneficial ownership of legal persons and legal arrangements

Beneficial ownership information must be held in a central register in the Member State where the legal entity is created or where the trustee of an express trust or person holding an equivalent position in a similar legal arrangement is established or resides, or from where the legal arrangement is administered. Yes. The state registration body verifies, registers, keeps records and updates data on the beneficial owners of legal entities, individual entrepreneurs, except for public institutions/authorities, state and municipal enterprises, commercial companies with full or majority state capital, upon registration of their establishment, upon registration of changes in the data entered on the beneficial owners in the State Register of Legal Entities, upon state registration of persons subject to reorganization and upon their removal from the State Register. (Article 14 (1), Law no. 308/2017)
Member States shall ensure that the entities in charge of the central registers are empowered to request from legal entities, trustees of any express trust and persons holding an equivalent position in a similar legal arrangement, and their legal and beneficial owners, any information necessary to identify and verify their beneficial owners, including resolutions of the board of directors and minutes of their meetings, partnership agreements, trust deeds, power of attorney or other contractual agreements and documentation. Yes. (2) Legal entities, individual entrepreneurs, trustees or persons holding equivalent positions within similar legal structures are obliged to obtain and hold adequate, correct and up-to-date information regarding their beneficial owner, including details regarding the interests generating benefits for him, to submit to the state registration body and, respectively, to the State Tax Service, in the part related to trusts and similar legal structures, information regarding the beneficial owner within 30 days from the occurrence of a change in his data.” (Article 14 (2), Law no. 308/2017)
Where no person is identified as the beneficial owner, the central register shall include: (a) a statement that there is no beneficial owner or that the beneficial owners could not be determined, accompanied by a corresponding justification (b) the details of all natural persons who hold the position of senior managing officials in the legal entity equivalent to the following information: all names and surnames, place and full date of birth, residential address, country of residence and nationality or nationalities of the beneficial owner, number of identity document, such as passport or national identity document, and, where it exists, unique personal identification number assigned to the person by his or her country of usual residence, and general description of the source of such number Yes. (2) The notion of beneficial owner includes at least: 1) in the case of legal entities with a profit-making (commercial) purpose: (...) b) the natural person who holds the position of administrator of the client, if, after exhausting all possible means and provided that there are no grounds for suspicion, no person is identified as beneficial owner. Reporting entities shall keep records of the measures taken to identify beneficial owners for each client individually and shall submit them, upon request, to the Service and/or bodies with supervisory functions of the reporting entities; (Article 5^2, Law. no. 308/2017)
Entities in charge of the central registers are required to verify, within a reasonable time upon submission of the beneficial ownership information, and on a regular basis thereafter, that such information is adequate, accurate and up to date. Yes. The state registration body verifies, registers, keeps records and updates data on the beneficial owners of legal entities, individual entrepreneurs, except for public institutions/authorities, state and municipal enterprises, commercial companies with full or majority state capital, upon registration of their establishment, upon registration of changes in the data entered on the beneficial owners in the State Register of Legal Entities, upon state registration of persons subject to reorganization and upon their removal from the State Register. (Article 14 (1), Law no. 308/2017)
Competent authorities, if appropriate and to the extent that such requirement does not interfere unnecessarily with their functions, are required to report to the entities in charge of the central registers any discrepancies they find between information available in the central registers and the information available to them. Yes. If, in the course of applying customer due diligence measures, the reporting entities find a discrepancy between the information on the beneficial owner available in the State Register of Legal Entities and the Register of Trusts and Similar Legal Structures and the information on the beneficial owner submitted by the customer, they shall inform the State Tax Service and the Public Services Agency within 5 working days. In this case, the reporting entities are obliged not to carry out any activity or transaction, including through a payment account, not to establish any business relationship or to terminate an existing business relationship and to immediately request the customer to update the data on the beneficial owner with the state registration body and the State Tax Service. (Article 5^2 (3), Law no. 308/2017)
The information contained in the central registers must include any change to the beneficial ownership of legal entities and legal arrangements and to nominee arrangements, following their first recording in the central register. Yes. The state registration body verifies, registers, keeps records and updates data on the beneficial owners of legal entities, individual entrepreneurs, except for public institutions/authorities, state and municipal enterprises, commercial companies with full or majority state capital, upon registration of their establishment, upon registration of changes in the data entered on the beneficial owners in the State Register of Legal Entities, upon state registration of persons subject to reorganization and upon their removal from the State Register. (Article 14 (1), Law no. 308/2017)
The entity in charge of the central register is empowered, whether directly or by application to another authority, including judicial authorities, to carry out checks, including on-site inspections at the business premises or registered office of legal entities, in order to establish the current beneficial ownership of the entity and to verify that the information submitted to the central register is accurate, adequate and up-to-date. No. Absent from legal framework (Absent from legal framework)
Where verification leads an entity in charge of a central register to conclude that there are inconsistencies or errors in the beneficial ownership information, the entity in charge of a central register is able to withhold or refuse to issue a valid certificate of proof of registration, or to suspend the validity of an existing certification of proof of registration. Yes. "5) Until the inconsistency is resolved, the Public Services Agency and the State Tax Service shall not make any registration in the State Register of Legal Entities and, respectively, in the Register of Trusts and Similar Legal Structures relating to the amendment of the constituent documents of the legal entity, individual entrepreneur, non-commercial organization and, respectively, of the trust and similar legal structure, as well as relating to the amendment of the data entered in the State Register, the reorganization or the deletion of the respective entities." (Article 5^2 (1), Law no. 308/2017)
The entity in charge of the central register is empowered to, whether directly or by application to another authority, including judicial authorities, apply effective, proportionate and dissuasive measures or impose such pecuniary sanctions for failures, including of a repeated nature, to provide the central register with accurate, adequate and up-to-date information about their beneficial ownership. No. Absent from legal framework (Absent from legal framework)
Competent authorities have immediate, unfiltered, direct and free access to the information held in the interconnected central registers without alerting the legal entity or legal arrangement concerned. These competent authorities include: self-regulatory bodies in the performance of supervisory functions of AML rules; tax authorities; national authorities with designated responsibilities for the implementation of Union restrictive measures; AMLA for the purposes of joint analyses; EPPO; OLAF; Europol and Eurojust when providing operational support to the competent authorities of Member States. Yes. (6) The state registration body ensures prompt and unlimited access to the data held, according to the established procedures, for the Service, the bodies with supervisory functions of the reporting entities and the reporting entities provided for in Article 4, without alerting the accessed reporting entity. (Article 14 (6), Law no. 308/2017)
Beneficial ownership information held in central registers may be made available to obliged entities upon payment of a fee, which shall be limited to what is strictly necessary to cover the costs of ensuring the quality of the information held in the central registers and of making the information available. Those fees shall be established in such a way as not to undermine effective access to the information held in the central registers. Yes. (5) The data accumulated by the state registration body, including those regarding beneficial owners, shall be provided, upon request, to the Service, bodies with supervisory functions over reporting entities and reporting entities provided for in Article 4 only for the purpose of enforcing this law. (Article 14 (5), Law no. 308/2017)
Any natural or legal person that can demonstrate a legitimate interest in the prevention and combating of money laundering, its predicate offences and terrorist financing has access to the following information on beneficial owners of legal entities and legal arrangements held in the interconnected central registers, without alerting the legal entity or legal arrangement concerned: the name of the beneficial owner; the month and year of birth of the beneficial owner; the country of residence and nationality or nationalities of the beneficial owner; for beneficial owners of legal entities, the nature and extent of the beneficial interest held; for beneficial owners of express trusts or similar legal arrangements, the nature of the beneficial interest. Yes. (22) Access to the information in the registers provided for in paragraphs (1), (20) and (21) is ensured, in compliance with the legal provisions on the protection of personal data: a) The Service, bodies with supervisory functions over reporting entities and law enforcement bodies; b) reporting entities, when applying customer due diligence measures; c) any natural or legal person demonstrating a legitimate interest; d) any natural or legal person submitting a written request in relation to a trust or similar legal arrangement, which holds a participation, which ensures control in any corporate entity or other legal entity, other than those referred to in art. 52 paragraph (2) points 1), 3) and 4), directly or indirectly, including through bearer shares or through control exercised by other means. (Article 14 (2), Law no. 308/2017)
The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: persons acting for the purpose of journalism, reporting or any other form of expression in the media, that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing; No. Absent from legal framework (Absent from legal framework)
The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: civil society organisations, including non-governmental organisations and academia, that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing; No. Absent from legal framework (Absent from legal framework)
The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: natural or legal persons likely to enter into a transaction with a legal entity or legal arrangement and who wish to prevent any link between such a transaction and money laundering, its predicate offences or terrorist financing; No. Absent from legal framework (Absent from legal framework)
The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: Member States’ public authorities in the context of public procurement procedures, in respect of the tenderers and operators being awarded the contract under the public procurement procedure; No. Absent from legal framework (Absent from legal framework)
Member States shall ensure that the information provided by central registers does not lead to the identification of any person consulting the register where such persons are: persons acting for the purpose of journalism, reporting or any other form of expression in the media, that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing; No. Absent from legal framework (Absent from legal framework)
Member States shall ensure that the information provided by central registers does not lead to the identification of any person consulting the register where such persons are: civil society organisations that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing. No. Absent from legal framework (Absent from legal framework)
Where entities in charge of central registers decide to grant access to beneficial ownership information, they shall issue a certificate granting access for 3 years. Entities in charge of central registers shall respond to any subsequent request to access beneficial ownership information by the same person within 7 working days. No. Absent from legal framework (Absent from legal framework)
Member States shall ensure that entities in charge of central registers shall only refuse a request to access beneficial ownership information on one of the following grounds: the applicant has not provided the necessary information or documents pursuant to paragraph 1; a legitimate interest to access beneficial ownership information has not been demonstrated; where on the basis of information in its possession, the entity in charge of the central register has a reasonable concern that the information will not be used for the purposes for which it was requested or that the information will be used for purposes that are not connected to the prevention of money laundering, its predicate offences or terrorist financing; one or more of the situations referred to in Article 15 applies; the legitimate interest to access beneficial ownership information granted by the central register of another Member State does not extend to the purposes for which the information is sought; where the applicant is in a third country and responding to the request to access information would not comply with the provisions of Chapter V of Regulation (EU) 2016/679. No. Absent from legal framework (Absent from legal framework)
In exceptional circumstances to be laid down in national law, where the access to beneficial ownership information would expose the beneficial owner to disproportionate risk of fraud, kidnapping, blackmail, extortion, harassment, violence or intimidation, or where the beneficial owner is a minor or otherwise legally incapable, Member States shall provide for an exemption from such access to all or part of the personal information on the beneficial owner. Member States shall ensure that such exemptions are granted on a case-by-case basis upon a detailed evaluation of the exceptional nature of the circumstances and confirmation that those disproportionate risks exist. The right to an administrative review of the decision granting an exemption and the right to an effective judicial remedy shall be guaranteed. No. Absent from legal framework (Absent from legal framework)

Supervision of obliged entities

Each Member State shall ensure that all obliged entities established in its territory are subject to adequate and effective supervision. To that end, each Member State shall appoint one or more supervisors to monitor effectively, and to take the measures necessary to ensure compliance by the obliged entities with Regulations (EU) 2024/1624 and (EU) 2023/1113. Yes. Article 15. Bodies with supervisory functions of reporting entities 1) Bodies with supervisory functions of reporting entities are: a) National Bank of Moldova – for reporting entities provided for in art. 4 para. (1) letters a), b), e), g) and i); b) National Financial Market Commission – for reporting entities provided for in art. 4 para. (1) letters c), d), f) and p); c) Notarial Chamber – for notaries provided for in art. 4 para. (1) letter j); d) Union of Lawyers of the Republic of Moldova – for lawyers provided for in art. 4 para. (1) letter j); e) Union of Authorized Administrators – for authorized administrators provided for in art. 4 para. (1) letter j); f) National Union of Bailiffs – for bailiffs provided for in art. 4 para. (1) letter j); f 1 ) Mediation Council – for mediators provided for in art. 4 para. (1) letter j); [Art.15 para. (1), letter f1 ) introduced by LP268 of 28.11.24, MO498-500/29.11.24 art.680; in force 29.11.24] g) Public Audit Oversight Council – for audit entities provided for in art. 4 para. (1) letter l); h) Service – for reporting entities provided for in art. 4 para. (1) letters h), k), m), n), o) and q) (Article 15, Law no. 308/2017)

Financial Intelligence Units (FIUs)

Each Member State shall establish an FIU in order to prevent, detect and effectively combat money laundering and terrorist financing. Yes. (3) The financial intelligence unit of the Republic of Moldova is the Service for the Prevention and Combating of Money Laundering, hereinafter referred to as the Service. (Article 2 (3), Law no. 308/2017)
The FIU as the central national unit shall be responsible for receiving and analysing suspicious transaction reports and other information relevant to money laundering, associated predicate offences or terrorist financing. Yes. (1) For the purpose of implementing the provisions of this law, the Service shall have the following attributions: (...) a) receive, record, analyze, process and transmit to the competent bodies information regarding activities and transactions suspected of money laundering, predicate crimes and terrorist financing, submitted by reporting entities, as well as other relevant information obtained pursuant to the provisions of this law; b) inform the competent law enforcement bodies immediately upon establishing suspicions regarding money laundering, terrorist financing or other crimes, as well as the Intelligence and Security Service in the part related to terrorist financing; (Article 19 (1) a) b), Law no. 308/2017)
The FIU shall be operationally independent and autonomous, which means that the FIU shall have the authority and capacity to carry out its functions freely, including the ability to take autonomous decisions to analyse, request and disseminate specific information. It shall be free from any undue political, government or industry influence or interference. Yes. (1) The Service is an independent public authority in relation to other legal and natural persons, regardless of the type of ownership and legal form of organization, and functions as an autonomous and independent central specialized body. (Article 16 (1), Law no. 308/2017)
The FIU, regardless of their organisational status, is authorised to have access to the information that they require to fulfil their tasks, including financial, administrative and law enforcement information. Yes. 2) to request and receive within the term indicated in the request: a) necessary information and documents, available to the reporting entities, their clients, the competent public authorities and institutions and the public administration authorities, in order to determine the suspicious nature of the activities or transactions; b) information held by the reporting entities regarding the monitoring of complex and unusual activities and transactions, the application of precautionary measures regarding clients, beneficial owners and business relationships; c) information from natural and legal persons, resident and non-resident, regarding the activities and transactions carried out or in preparation; d) - repealed; e) documents related to precautionary measures regarding clients, programs and internal control; f) relevant information from the competent authorities and institutions regarding the result of the examination of the notifications submitted in accordance with the provisions of this law. (Article 20 (2), Law no. 308/2017)
FIUs are empowered to take urgent action, directly or indirectly, where there is a suspicion that a transaction is related to money laundering or terrorist financing, to suspend or withhold consent to that transaction. Yes. 1) to request reporting entities, as well as, where appropriate, other competent authorities and public institutions: a) to apply precautionary measures depending on the risk associated with certain clients, products, services, jurisdictions and business relationships; b) to apply precautionary measures; (...) 3) to request competent bodies to carry out checks in order to establish the economic sense of the operations, the nature of the business relationships, the source of the assets, the beneficial owner, as well as compliance with the tax regime within the limits of their competence; 4) - repealed; 5) to maintain access to the necessary information resources and to manage its official web page, where it places the relevant information regarding the activity it carries out; (Article 20 (1), (3), (4), Law no. 308/2017)

Mutual legal assistance (MLA) and International Cooperation

Member States shall ensure that the FIU to whom the request is made is legally required to use the whole range of its available powers which it would normally use domestically for receiving and analysing information when it replies to a request for information from another FIU. Yes. Articolul 17. Cooperarea națională și internațională (1) Serviciul poate face schimb de informații, din proprie inițiativă sau la cerere, în baza reciprocității, prin canale protejate de comunicare și cu promptitudine, cu instituții similare sau cu alte autorități competente din alte țări (jurisdicții), care au obligația păstrării secretului în condiții similare, dacă asemenea solicitări sunt făcute în scopul prevenirii și combaterii spălării banilor și a finanțării terorismului, inclusiv în ceea ce privește recuperarea produselor acestor infracțiuni. [Art.17 al.(1) modificat prin LP268 din 28.11.24, MO498-500/29.11.24 art.680; în vigoare 29.11.24] (2) Informațiile primite de Serviciu de la o instituție similară prevăzută la alin. (1) pot fi transmise doar organelor de drept și autorităților competente, numai cu autorizația prealabilă a unității de informații financiare care a furnizat informațiile, și pot fi utilizate numai în scopul pentru care au fost solicitate. (3) Serviciul desemnează cel puțin o persoană de contact, responsabilă pentru primirea solicitărilor de informații din partea unităților de informații financiare din alte țări (jurisdicții). (4) Serviciul, la cererea organelor de drept sau a autorităților competente la nivel național, motivată de suspiciuni de spălare a banilor, infracțiuni predicat sau de finanțare a terorismului, va disemina informațiile deținute către acestea. Cererea de informații cuprinde, în mod obligatoriu, cel puțin următoarele elemente: faptele relevante, contextul, motivele cererii și modul în care se vor utiliza informațiile furnizate. (5) Decizia privind transmiterea informațiilor prevăzute la alin. (4) aparține Serviciului, iar în cazul netransmiterii, acesta motivează organelor de drept și autorităților competente solicitante refuzul schimbului de informații. (6) La examinarea și prelucrarea informației și documentelor recepționate de către Serviciul în cadrul cooperării internaționale se aplică regimul juridic de examinare și prelucrare prevăzut pentru informațiile obţinute în temeiul prezentei legi. (7) Pentru toate informațiile primite de la Serviciu în cadrul cooperării naționale și internaționale, organele cu funcții de supraveghere a entităților raportoare și organele de drept prezintă Serviciului, în termene rezonabile, informații detaliate cu privire la rezultatul examinării acestora. Lipsa informației detaliate cu privire la rezultatul examinării informațiilor furnizate anterior poate constitui temei pentru suspendarea schimbului de informații în cadrul cooperării naționale și internaționale. (8) În cazul în care există motive de fapt pentru a presupune că furnizarea informației ar avea un impact negativ asupra investigațiilor penale sau analizelor în curs de desfășurare ori, în circumstanțe excepționale, în cazul în care divulgarea informațiilor ar fi în mod clar disproporțională față de interesele legitime ale unei persoane fizice sau juridice ori ar fi irelevantă în ceea ce privește scopurile pentru care a fost solicitată, Serviciul nu dă curs cererilor de informații prevăzute la alin. (1). (9) – abrogat. (10) – abrogat. (11) – abrogat. (12) Entitățile raportoare, organele cu funcții de supraveghere a entităților raportoare, organele de drept și alte autorități publice oferă asistență și suport informațional necesar Serviciului în procesul cooperării cu organizațiile internaționale de profil. (Article 17, Law no. 208/2017)
Member States shall ensure that FIUs are legally required to exchange, spontaneously or upon request, any information that may be relevant for the processing or analysis of information by the FIU related to money laundering, its predicate offences, or terrorist financing, and the natural or legal person involved, regardless of the type of predicate offences that may be involved, and even if the type of predicate offences that may be involved is not identified at the time of the exchange. Yes. Articolul 17. Cooperarea națională și internațională (1) Serviciul poate face schimb de informații, din proprie inițiativă sau la cerere, în baza reciprocității, prin canale protejate de comunicare și cu promptitudine, cu instituții similare sau cu alte autorități competente din alte țări (jurisdicții), care au obligația păstrării secretului în condiții similare, dacă asemenea solicitări sunt făcute în scopul prevenirii și combaterii spălării banilor și a finanțării terorismului, inclusiv în ceea ce privește recuperarea produselor acestor infracțiuni. [Art.17 al.(1) modificat prin LP268 din 28.11.24, MO498-500/29.11.24 art.680; în vigoare 29.11.24] (2) Informațiile primite de Serviciu de la o instituție similară prevăzută la alin. (1) pot fi transmise doar organelor de drept și autorităților competente, numai cu autorizația prealabilă a unității de informații financiare care a furnizat informațiile, și pot fi utilizate numai în scopul pentru care au fost solicitate. (3) Serviciul desemnează cel puțin o persoană de contact, responsabilă pentru primirea solicitărilor de informații din partea unităților de informații financiare din alte țări (jurisdicții). (4) Serviciul, la cererea organelor de drept sau a autorităților competente la nivel național, motivată de suspiciuni de spălare a banilor, infracțiuni predicat sau de finanțare a terorismului, va disemina informațiile deținute către acestea. Cererea de informații cuprinde, în mod obligatoriu, cel puțin următoarele elemente: faptele relevante, contextul, motivele cererii și modul în care se vor utiliza informațiile furnizate. (5) Decizia privind transmiterea informațiilor prevăzute la alin. (4) aparține Serviciului, iar în cazul netransmiterii, acesta motivează organelor de drept și autorităților competente solicitante refuzul schimbului de informații. (6) La examinarea și prelucrarea informației și documentelor recepționate de către Serviciul în cadrul cooperării internaționale se aplică regimul juridic de examinare și prelucrare prevăzut pentru informațiile obţinute în temeiul prezentei legi. (7) Pentru toate informațiile primite de la Serviciu în cadrul cooperării naționale și internaționale, organele cu funcții de supraveghere a entităților raportoare și organele de drept prezintă Serviciului, în termene rezonabile, informații detaliate cu privire la rezultatul examinării acestora. Lipsa informației detaliate cu privire la rezultatul examinării informațiilor furnizate anterior poate constitui temei pentru suspendarea schimbului de informații în cadrul cooperării naționale și internaționale. (8) În cazul în care există motive de fapt pentru a presupune că furnizarea informației ar avea un impact negativ asupra investigațiilor penale sau analizelor în curs de desfășurare ori, în circumstanțe excepționale, în cazul în care divulgarea informațiilor ar fi în mod clar disproporțională față de interesele legitime ale unei persoane fizice sau juridice ori ar fi irelevantă în ceea ce privește scopurile pentru care a fost solicitată, Serviciul nu dă curs cererilor de informații prevăzute la alin. (1). (9) – abrogat. (10) – abrogat. (11) – abrogat. (12) Entitățile raportoare, organele cu funcții de supraveghere a entităților raportoare, organele de drept și alte autorități publice oferă asistență și suport informațional necesar Serviciului în procesul cooperării cu organizațiile internaționale de profil. (Article 17, Law no. 208/2017)

Legislation

*Last update: 2017


Asset Recovery


Quantitative Data

Primary Metric

201220152016201720202024Trend
Asset Offices100
Confiscation67
International cooperation75

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

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Country score

Asset Offices

Each Member State shall legally designate at least one asset recovery office to facilitate cross-border cooperation in relation to asset-tracing investigations and to conduct asset recovery functions in both criminal matters and civil or administrative matters. Yes. Moldova has a specialised Criminal Assets Recovery Agency (CARA), established in 2017 as an authority dedicated to investigating, tracing and recovering criminal assets, (Law No. 48 of 30 March 2017 on the Criminal Assets Recovery Agency (CARA), provisions on the establishment and mandate of the Agency.)
Each Member State shall legally designate at least one competent authority to function as an asset management office for the purpose of the management of frozen and confiscated property until the disposal of that property further to a final confiscation order. Yes. Under draft and subsequent practice, CARA is tasked with keeping a single record of seized and confiscated assets and assisting in enforcement; enforcement of confiscation decisions is carried out by the State Tax Service with the help of bailiffs and CARA, which de facto performs asset‑management (Draft law approved by Government on 27 November 2024 strengthening confiscation mechanisms and assigning CARA a central role, together with the State Tax Service,)

Confiscation

Member States shall take the necessary measures to enable the freezing of property necessary to ensure a possible confiscation of that property. The freezing measures shall consist of freezing orders and immediate action. (Freezing measures) Yes. The Criminal Procedure Code authorises searches and seizure of material potentially linked to offences, including property that may be subject to confiscation, and CARA (Criminal Procedure Code (Code No. 122/2003), Articles 125–132 (search and seizure of material linked to offences); draft law of 27 November 2024 on confiscation of criminal assets (CARA to investigate and identify illegally acquired assets once proceedings are initiated for certain offences).)
Member States shall take the necessary measures to enable the confiscation, either wholly or in part, of instrumentalities and proceeds stemming from a criminal offence subject to a final conviction, which may also result from proceedings in absentia. (Conviction based confiscation) Yes. Special confiscation consists in the forced and free transfer to the State of goods and funds obtained from the commission of an offence, including instrumentalities and proceeds, (Criminal Code of the Republic of Moldova, Article 106 (Special confiscation).)
Member States shall take the necessary measures to enable the confiscation of property the value of which corresponds to instrumentalities or proceeds stemming from a criminal offence subject to a final conviction, which may also result from proceedings in absentia. (Confiscation of equivalent value) Yes. Article 106 provides that special confiscation extends to income or other benefits obtained from the goods subject to confiscation and to goods into which they have been transformed or with which they have been merged, allowing value‑based (Criminal Code, Article 106(2)–(3) (special confiscation of income or benefits and of goods equivalent in value obtained through transformation or merger).)
Member States shall take the necessary measures to enable the confiscation of proceeds, or other property the value of which corresponds to proceeds, which, directly or indirectly, were transferred by a suspected or accused person to third parties, or which were acquired by third parties from a suspected or accused person. (Third-party confiscation) Yes. Extended confiscation can be ordered not only over assets owned by the convicted person but also over assets fictitiously transferred to third parties or acquired by acquirers in bad faith, (Criminal Code, Article 106ą (Extended confiscation), as amended by Law No. 190 of 21 July 2022 (allowing confiscation of assets fictitiously transferred to third parties, acquirers in bad faith and third parties who knew or should have known the purpose of avoiding confiscation).)
Member States shall take the necessary measures to enable the confiscation, either wholly or in part, of property belonging to a person convicted of a criminal offence where the offence committed is liable to give rise, directly or indirectly, to economic benefit, and where a national court is satisfied that the property is derived from criminal conduct. (Extended confiscation) Yes. Extended confiscation is available for a list of crimes in Article 106ą committed for pecuniary interest, where (1) the value of assets acquired by the convicted person in the last five years before the crime exceeds legal income by more than 20 average monthly salaries and (2) (Criminal Code, Article 106¹(1)–(3) (Extended confiscation: conditions regarding listed offences, economic benefit, five‑year period and discrepancy between lawful income and value of assets).)
Member States shall take the necessary measures to enable the confiscation of instrumentalities, proceeds or property, or proceeds or property transferred to third parties, where criminal proceedings have been initiated but could not be continued because of illness, absconding, or death of the accused or the limitation period of the offence is below 15 years and has expired. (Non-conviction based confiscation) No. As of 31.12.2024, extended and special confiscation in Moldova are linked to conviction and criminal proceedings; reforms have focused on strengthening extended confiscation and the role of CARA, but a full non‑conviction based confiscation regime as envisaged in Directive (EU) 2024/1260 (Criminal Code, Articles 106 and 106¹; Criminal Procedure Code (no general NCBC framework beyond conviction‑linked confiscation).)
Confiscation without a prior conviction shall be limited to cases where, in the absence of the circumstances above, it would have been possible for the relevant criminal proceedings to lead to a criminal conviction for, at least, offences liable to give rise, directly or indirectly, to substantial economic benefit, and where the national court is satisfied that the instrumentalities, proceeds or property to be confiscated are derived from, or directly or indirectly linked to, the criminal offence in question. (Non-conviction based confiscation) No. Moldovan law had not yet developed a stand‑alone confiscation‑only procedure without conviction; (Criminal Code, Article 106ą (extended confiscation conditioned on conviction); Government)
Member States shall take the necessary measures to enable the confiscation of property identified in the context of an investigation in relation to a criminal offence, provided that a national court is satisfied that the identified property is (i) derived from criminal conduct committed within the framework of a criminal organisation and (ii) that conduct is liable to give rise, directly or indirectly, to substantial economic benefit. A ‘criminal offence’ in this case is punishable by deprivation of liberty of a maximum of at least four years. (Confiscation of unexplained wealth) Yes. The extended confiscation regime, as amended in 2022, functions as an unexplained‑wealth mechanism: for certain serious offences with a maximum term exceeding four years, courts may confiscate assets exceeding lawful income over a five‑year (Criminal Code, Article 106¹ (conditions for extended confiscation, including listed serious offences, four‑year maximum penalty threshold and discrepancy between lawful income and value of assets).)
Member States are legally required to adopt a national strategy on asset recovery and update it at regular intervals of no longer than five years. (Deadline of 24 May 2027) No. Moldova has committed politically to asset recovery and set up CARA, but there is no explicit statutory national asset recovery strategy with a mandatory five‑year renewal cycle as of 31.12.2024. (Policy and institutional documents on asset recovery and CARA’s creation (no statutory national strategy requirement).)

International cooperation

To facilitate cross-border cooperation, Member States shall legally require measures to enable the swift tracing and identification of instrumentalities and proceeds, or of property which is, or might become, the object of a freezing or confiscation order in the course of proceedings in criminal matters. Yes. CARA carries out financial investigations to identify illegally acquired assets in cases generating significant economic benefit and cooperates internationally; seized assets, including those related to bank‑fraud cases, (Law No. 48/2017 on CARA (investigation and tracing mandate); Government communications and Court of Accounts reports on CARA’s)
Member States shall legally require the necessary measures to ensure that their asset recovery offices provide, upon request from an asset recovery office in another Member State, any information that those asset recovery offices have access to, and that is necessary for the performance of the tasks of the asset recovery office requesting that information Yes. As a specialised agency dedicated to criminal assets, CARA acts as Moldova’s asset recovery office and cooperates with foreign counterparts, exchanging information and supporting cross‑border (Law No. 48/2017 on CARA; international cooperation activities reported in asset‑recovery)
Member States may legally allow for cost-sharing agreements with other Member States on the execution of freezing and confiscation orders. No. Moldovan legislation does not yet provide a specific statutory basis for cost‑sharing (Mutual legal assistance framework (no explicit cost‑sharing clause identified).)
Countries should be able to share confiscated property with other countries, in particular when confiscation is directly or indirectly a result of co-ordinated law enforcement actions Yes. Moldova can share or return confiscated assets to foreign countries under international instruments and its asset‑recovery commitments, (International treaties on mutual legal assistance and asset recovery as applied in Moldova; reports on sanctions and asset‑recovery)

Legislation

*Last update: 2017