Archive - 5/1997

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8/05

 
05/08/97

The Moscow Memorandum


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