The Republic of Moldova and the Pridnestrovskaia Moldavskaia Respublica (Pridnestrovie), hereinafter called \"the Parties\", proceeding from the principles fixed in the May 8, 1997 Memorandum on the Bases for Normalization of Relations Between the Republic of Moldova and Pridnestrovie, as well as following provisions of the March 20, 1998 Agreement on the Confidence Building Measures and Developing Contacts Between the Republic of Moldova and Pridnestrovie and Protocol on Some Immediate Steps for Activization of the Pridnestrovien Issue Political Settlement, determined to settle as soon as possible relations between the Republic of Moldova and Pridnestrovie under the norms and principles of international law, including principles of territorial integrity of states and the right of peoples to self-determination,
1. The Parties proclaim establishing a Common State within the borders of the former Moldavian SSR as of January 1990.
2. The Common State consists of two subjects equal in rights - the Republic of Moldova and the Pridnestrovskaia Moldavskaia Respublica (Pridnestrovie), - and is an independent sovereign state being a subject of international law.
3. The Republic of Moldova and the Pridnestrovskaia Moldavskaia Respublica (Pridnestrovie) are state territorial formations within the Common State.
4. The Parties adopt symbols of the Common State to be used along with the state symbols of the Republic of Moldova and the Pridnestrovskaia Moldavskaia Respublica (Pridnestrovie).
5. The Parties can establish legislative, executive, judicial authorities of the Common State on an equal agreed basis.
6. Decisions of organs of the Common State affecting interests of its subjects cannot be taken without consent of respective authorities of the Republic of Moldova and the Pridnestrovskaia Moldavskaia Respublica (Pridnestrovie).
7. The Parties adopt a Constitutional Act. Constitutions of the Parties should not contradict the Constitutional Act. The Constitutional Act establishes competencies of the Common State and governs constitutional and legal relations between the Parties.
8. The Parties will sign a Treaty \"On Common State\" and a Treaty \"On Delimitation and Delegation of Competences and Powers within the Common State\", other appropriate agreements, which, along with the Constitutional Act, will establish constitutional and legal basis of the Common State.
9. The Parties establish an All-Nation Council. When establishing organs of power of the Common State, balance between representatives of the Parties in the All-Nation Council should be determined on an agreed basis.
10. As provisions for relationship of the Parties in specific spheres are agreed, corresponding agreements are signed.
11. For settling disputes, which may arise with respect to implementation of this Declaration and the Constitutional Act, a High Court of the Common State on an equal basis should be established. Decisions of the High Court are bound for each of the Parties and are taken on the basis of consensus.
12. The Parties agree, that the Common State operates within common borders, common legal, economic, social and defense spaces.
The spheres of common competences of the Parties on an agreed basis include:
(a) ensuring rights and freedoms of person and citizen;
(b) foreign policy;
(c) border service;
(d) customs service;
(e) ecology and liquidation of consequences of natural calamities;
(f) power engineering, transport and communications.
13. The Parties can decide to give the Common State additional powers. The powers agreed by the Parties will be exercised on a stage-by-stage basis according to comprehensive plans and programmes to be worked out jointly.
14. The Parties adopt a comprehensive Agreement on guarantees, fixing mutual guarantees of the Parties, external guarantees and mechanism for their unconditional implementation.
For the Pridnestrovskaia Moldavskaia Respublica For the Republic of Moldova
For the guarantor-states:
For the Russian Federation For Ukraine
In the presence of the Head of the OSCE Mission to Moldova
In order to strengthen coordinating role of Ministry of Foreign Affairs of the Pridnestrovien Moldavian Republic in execution of common foreign policy line of the Pridnestrovien Moldavian Republic, I hereby resolve as follows:
Following provisions of the April 9, 2001 Joint Statement of the leaders of the Republic of Moldova and Pridnestrovie, the May 8, 1997 Memorandum on the Bases for Normalization of Relations Between the Republic of Moldova and Pridnestrovie, the July 16, 1999 Joint Statement of the Participants of the Kiev Meeting on the Issues of Normalization of Relations Between the Republic of Moldova and Pridnestrovie, and in order to establish necessary conditions for a real improvement of the economic situation, well-being of the population, the Parties have agreed as follows:
1. To take as a basis for regulating by the Parties import and export operations tax and customs legislation envisaging requirements of the World Trade Organization and the World Customs Organization, as well as legislations of the CIS and European community participating states.
To establish an expert working group for studying legislations and putting forward proposals by July 15, 2001 on changing tax and customs legislations of the Parties.
2. To put the legislations of the Parties, by December 31, 2001, in line with the regime of unimpeded movement of physical persons, as well as goods and services throughout the territory of the Republic of Moldova and Pridnestrovie; then to remove internal customs and tax posts located at the entry and exit points from both sides.
3. To consider the question about establishing beginning from September 1, 2001 joint customs control on the State border between the Republic of Moldova and Ukraine.
JOINT STATEMENT
of Participants in the Kiev Meeting
on Issues of Normalisation of Relations
between the Republic of Moldova and Transdniestria
President of Ukraine L.D. Kuchma, President of the Republic of Moldova P.C. Lucinschi, Head of Government of the Russian Federation S.V. Stepashin, leader of Transdniestria I.N. Smirnoff and representative of the OSCE Chairman-in-Office K. Eide express their satisfaction with the meeting that took place and allowed discussion of the state of the process of resolving of the Transdniestrian issue and to chart paths for eliminating the causes slowing down its progressive development. They noted that in the absence of historical, religious, national and other contradictions there are no objective obstructions to achievement of a political settlement of the problem.
This aim is facilitated by the explicit resolve of the parties to intensify negotiations on the elaboration of the status of Transdniestria on the basis of their own proposals, including the ones of 13 July 1999, as well as on the basis of proposals of the mediators, taking into account the initiatives put forward in the course of the present meeting.The parties have agreed to construct their relations on the following principles: common borders and common economic, legal, defence and social domains.
The leaders instructed the relevant bodies to prepare draft documents on the establishment of mechanisms to implement the above-mentioned provisions.
Ukraine and the Russian Federation, as guarantor states, as well as the OSCE, confirming their readiness to contribute in every possible way to the settlement, note that progress in this area is possible only under the condition that the parties manifest political will and an aspiration for reasonable compromises. Providing there is constructive cooperation of the parties with participation of the mediators there are real perspectives of finding a mutually acceptable formula for a final settlement and complete normalization of relations between the Republic of Moldova and Transdniestria.
The parties value highly the initiative of President of Ukraine L.D. Kuchma concerning the step-bystep settlement of relations between the Republic of Moldova and Transdniestria.
Participants in the Kiev meeting confirm their dedication to seek a solution of existing problems exclusively by political means.
For the Republic of Moldova For Transdniestria
P. Lucinschi I. Smirnov
For Ukraine For the Russian Federation
L. Kuchma S. Stepashin
In the Presence of Representative of the OSCE
K. Eide
Agreement on Confidence Measures and Development of Contacts
between Republic of Moldova and Transdniestria
The leadership of the Republic of Moldova and Transdniestria, hereinafter referred to as the Parties, proceeding from the provisions, set down in the Memorandum on the Bases for Normalization of Relations between the Republic of Moldova and Transdniestria of 8 May 1997, in statements of the Presidents of the Russian Federation and Ukraine, striving to bring closer a complete settlement of the conflict, with a view to creating an atmosphere conducive to the re-establishment of mutual understanding and the facilitation of contacts between people, have agreed to implement the following measures without delay :
First. Within a period of two months to reduce the numerical composition of the peacekeeping forces of the Republic of Moldova and of the Transdniestrian region in the security zone down to approximately 500 military men from each side together with their military equipment and arms.
Second. In co-ordination with the Joint Military Command to reduce the number of stationary checkpoints and posts of the Joint Peacekeeping Force, replacing them by mobile patrolling.
Third. Within a month the Joint Control Commission (JCC) is to submit an analysis of the fulfillment of the Agreement on Principles of the Peaceful Settlement of the Armed Conflict of 21 July 1992 with a view to outlining measures to secure the complete implementation of its provisions and a lessening of the military confrontation in the security zone taking into account its stage-by-stage demilitarization. Proceeding from this perspective, the Parties support the proposal to despatch into the security zone Ukrainian peace-keepers (at the present moment - monitors).
Fourth. The Commission for Co-ordination and Safeguarding of the Process of Negotiations within two months shall work out coordinated proposals concerning the stage-by-stage reduction of the number of border posts between the Republic of Moldova and Transdniestria together with other measures with the purpose of establishing a regime that favors the movement of people, commodities and services.
Fifth. Before the 1st of May of the current year to bring into operation the vehicular bridge across the Dniester river in the area of the city of Dubossar, after determining a mechanism for ensuring the necessary security measures in the framework of the JCC.
To create the necessary conditions for carrying out reconstruction and the earliest bringing into operation of the vehicular bridge in the area of the settlement of Gura Bicului.
Sixth. The Parties will actively contribute to the earliest withdrawal from Transdniestria of excess Russian military equipment. They welcome the readiness of Ukraine to provide transit of the given equipment across its territory.
Seventh. Within a month the Parties will create a joint working group for the working out of a complex program to combat illegal trafficking of drugs and arms organized by criminals.
Eighth. The Parties will refrain from steps leading to a propaganda and informational confrontation; they will objectively inform about the course of the process of the Transdniestrian settlement talks.
Ninth. The Parties will establish joint programs to support investment projects, to reconstruct industrial enterprises, electric power objects, to liquidate the consequences of natural calamities and to protect the environment.
Tenth. The Parties confirm their commitment to strictly observe and to directly protect human rights and freedoms in compliance with the principles and norms of international law.
The Russian Federation and Ukraine as guarantor-states proclaim their readiness to assist in every way the implementation of this Agreement.
The Parties highly appreciate the intermediary activity of the OSCE on questions of a Transdniestrian settlement.
For the Republic of Moldova For Transdniestria
P. Lucinschi I. Smirnov
For the Russian Federation For Ukraine
V. Chernomyrdin L. Kuchma
In the Presence of Head of the OSCE Mission
John M. Evans
JOINT STATEMENT OF THE MEDIATORS:
RUSSIA, UKRAINE AND THE OSCE
Representatives of the Presidents of Russia and Ukraine, the Head of the OSCE Mission to Moldova, noting the importance of a complete and unconditional fulfilment of the Odessa agreements welcome the concrete steps of the leadership of the Republic of Moldova aimed at the consolidation of measures of mutual trust.
The withdrawal of a part of the Moldovan contingent of the peacekeeping forces with their organic military equipment and armament gives evidence of the adherence of Chisinau to its commitments.
This contributes to the continuation of the process for a final and just settlement of the Transdniestrian problem. We express firm hope that the leadership of Transdniestria will take similar constructive steps towards a complete implementation of the commitments undertaken in Odessa this year with the participation of leaders of the guarantor-states and Head of the OSCE Mission to Moldova.
We are convinced that only on the basis of goodwill is possible a successful conclusion of a Transdniestrian settlement.
Representative of the President Representative of the President
MEMORANDUM
On the Bases for Normalization of Relations
Between the Republic of Moldova and Transdneistria
The leadership of the Republic of Moldova and Transdniestria, hereinafter referred to as the Parties;
Proceeding from the necessity for the fastest and full solution of relations between the Republic of Moldova and Transdniestria exclusively through peaceful political means;
Reaffirming their commitment to the principles of the UN, OSCE, and generally recognized norms of international law, and also to the agreements reached previously between the Republic of Moldova and Transdniestria;
Recognizing the responsibility for securing civil peace, international concord, the strengthening of stability and security in this area of Europe;
According prime importance to the realization of basic human rights and freedoms of the individual, notwithstanding ethnic origin, religious belief, political tenets, place of residence and other differences;
Considering that uniting of their spiritual and material resources will speed the decision of common economic and social problems and will open the possibility for constructing a modern flourishing society through joint efforts;
Through the mediation of the Russian Federation, Ukraine and the OSCE Mission,
Have agreed to the following:
1. The Parties reaffirm their commitment not to resort to the use of force or the threat of force in their mutual relations. Any differences shall be resolved exclusively by peaceful means, through negotiations and consultations with the assistance and mediation of the Russian Federation and Ukraine, as guarantor States for the fulfillment of agreements achieved; of the OSCE and the assistance of the CIS [Commonwealth of Independent States].
2. The Parties shall continue the establishment between them of state-legal relations. The Document, defining these relations, the status of Transdniestria, shall be based on the principles of mutually agreed decisions, including the division and delegation of competencies, and mutually assured guarantees.
The Parties will proceed to the elaboration of this document immediately after the signing of this Memorandum, giving consideration to all previously achieved principled agreements, including those achieved on 17 June 1996.
3. Transdniestria shall participate in the conduct of the foreign policy of the Republic of Moldova - a subject of international law - on questions touching its interests. Decision of such questions shall be taken by agreement of the Parties.
Transdniestria has the right to unilaterally establish and maintain international contacts in the economic, scientific-technical and cultural spheres, and in other spheres by agreement of the Parties.
4. The Parties direct a request to the Russian Federation, Ukraine, and the OSCE to continue their mediating efforts for the achievement of a lasting and comprehensive normalization of relations between the Republic of Moldova and Transdniestria.
5. The Republic of Moldova and Transdniestria will act as mutual guarantors of the full and unconditional fulfillment of the agreements on relations between them.
6. The Parties welcome the declaration of the Russian Federation and Ukraine about their readiness to act as Guarantor States for the observance of the provisions set forth in the respective documents about the status of Transdniestria and the agreements set forth in the present Memorandum.
7. The Parties direct a request to the OSCE to continue its assistance for the compliance of the agreements between them.
8. The Parties declare the necessity to elaborate a mechanism of guarantees by all the participants in the negotiating process.
9. The Parties reaffirm that activities for maintaining peace, carried out by the Joint Peace-keeping forces in the Security Zone in accordance with the agreement between the presidents of the Republic of Moldova and the Russian Federation dated 21 July 1992 “On the Principles of Peaceful Settlement of the Armed Conflict in the Transdniestrian Region of the Republic of Moldova” shall be continued.
10. In the event of a violation of these agreements, the Parties have the right to address themselves to the Guarantors for the carrying out of consultations with the goal of taking measures for normalizing the situation.
11. The Parties shall build their relations in the framework of a common state within the borders of the Moldavian SSR as of January of the year 1990.
For the Republic of Moldova For Transdniestria
P. Lucinschi I. Smirnov
For the Guarantor States
For the Russian Federation For Ukraine
B. Yeltsin L. Kuchma
In the presence of the Chairman-in-Office of the OSCE
N. Helveg Petersen
