08/04/09
Readopted by the Supreme Soviet of the Pridnestrovien Moldavian Republic on May 26, 2009
Article 1. The Subject Matter Regulated by the Present Law
The present Law designates procedure for crossing the state border of the Pridnestrovien Moldavian Republic by persons enjoying consular and diplomatic immunities and privileges in accordance with the norms of international law and legislative acts of the Pridnestrovien Moldavian Republic.
Article 2. Basic Terms and Concepts Used in the Present Law
1. Persons enjoying consular and diplomatic immunities and privileges (hereinafter referred to as diplomatic agents) are:
a) heads of representative offices (embassies and consulates of foreign states, missions of international organizations); members of official delegations possessing diplomatic status;
b) members of diplomatic staff of a representative office with a diplomatic rank.
2. Diplomatic missions are embassies, consulates, and representative offices of international organizations.
3. Members of administrative-technical staff are staff members of a representative office performing administrative-technical services of a representative office.
4. Members of service staff are staff members of a representative office carrying out duties on maintenance of representative offices, except for the persons carrying out administrative-technical services.
Members of administrative-technical and service staff shall not be diplomatic agents.
Article 3. Legislation on the Procedure for Crossing the State Border of the Pridnestrovien Moldavian Republic by Diplomatic Agents
Legislation on the procedure for crossing the state border of the Pridnestrovien Moldavian Republic by diplomatic agents is based on the Constitution of the Pridnestrovien Moldavian Republic and international treaties, and consists of the present Law, legislative acts of the Pridnestrovien Moldavian Republic and other normative legal acts of the Pridnestrovien Moldavian Republic issued in accordance with the present Law.
Article 4. Grounds for Entering the Territory of the Pridnestrovien Moldavian Republic by Diplomatic Agents
Diplomatic agents shall be entitled to enter the territory of the Pridnestrovien Moldavian Republic on their own initiative for personal and business purposes, as well as on the invitation of state bodies and local self-governing bodies of the Pridnestrovien Moldavian Republic.
Article 5. Procedure for Crossing the State Border by Diplomatic Agents
1. Diplomatic agents, pursuant to legislative acts of the Pridnestrovien Moldavian Republic and international treaties of the Pridnestrovien Moldavian Republic, upon presentation of the document identifying them and proving the corresponding diplomatic status (diplomatic passport), as well as members of their families, upon presentation of the document identifying them and proving the corresponding status, shall freely cross the state border of the Pridnestrovien Moldavian Republic in motor vehicles with diplomatic numbers, as well as other types of transport means in international checkpoints, unless otherwise provided for by international treaties.
The President of the Pridnestrovien Moldavian Republic shall be entitled, upon consultation with corresponding diplomatic missions, to permit diplomatic agents cross the state border of the Pridnestrovien Moldavian Republic on the basis of other documents, not specified in part one of the present item, provided that provisions of international treaties of the Pridnestrovien Moldavian Republic are observed.
2. Administrative-technical staff of representative offices shall cross the state border of the Pridnestrovien Moldavian Republic in international checkpoints together with diplomatic agents on the basis of documents identifying them, as well as in the presence of documents proving their belonging to administrative-technical staff of diplomatic missions.
Service staff of diplomatic missions crossing the state border of the Pridnestrovien Moldavian Republic in international checkpoints together with a diplomatic agent shall undergo procedure for crossing the state border of the Pridnestrovien Moldavian Republic on the basis of documents granting the right to cross the state border of the Pridnestrovien Moldavian Republic.
3. Administrative-technical and service staff of diplomatic missions not accompanying diplomatic agents shall cross the state border of the Pridnestrovien Moldavian Republic according to the standard procedure.
4. Persons specified in the present article shall be released from payment of state registration duty and other kinds of duties and fees collected when crossing the state border of the Pridnestrovien Moldavian Republic.
5. State bodies and local self-governing bodies inviting diplomatic agents shall notify an authorized organ of state power having in its jurisdiction issues of foreign policy of the forthcoming visits of diplomatic agents.
6. Access to the territory of the Pridnestrovien Moldavian Republic of diplomatic agents transiting to other states shall be carried out upon preliminary notification of executive body of state power having in its jurisdiction issues of foreign policy.
7. Access to the territory of the Pridnestrovien Moldavian Republic of diplomatic agents for personal or business goals on their own initiative shall be carried out upon preliminary notification of executive body of state power having in its jurisdiction issues of foreign policy.
8. Personal luggage of diplomatic agents, as well as that of the members of their families, shall be released from any kind of inspection in case there are no serious grounds to assume that it contains goods and items import and export of which is prohibited by international treaties and current legislation of the Pridnestrovien Moldavian Republic, or the procedure for their import or export is regulated by quarantine or other special rules. Such inspection shall be carried out only in the presence of diplomatic agents or their authorized representatives.
Article 6. Grounds for Restricting Access of Diplomatic Agents
1. Restrictions on access of diplomatic agents may be established in relation to persons enjoying diplomatic and consular immunities and privileges:
a) if there are materials regarding grave or especially grave crime committed by them on the territory of the Pridnestrovien Moldavian Republic;
b) in case of open appeal to the forced change of the constitutional order of the Pridnestrovien Moldavian Republic, or other extremist activity against the state;
c) in case a state which accredited them introduced restrictions on entry or acknowledged stay (living) of officials of state power of the Pridnestrovien Moldavian Republic undesirable on its territory;
d) for the purpose of ensuring defence capacity and security of the state.
Restriction of access of diplomatic agents on other grounds shall be not allowed.
2. The President of the Pridnestrovien Moldavian Republic shall have the right to make decision on restricting access of diplomatic agents to the Pridnestrovien Moldavian Republic, based on the proposal of state bodies, conformed with an executive organ of state power having in its jurisdiction issues of foreign policy.
3. Executive organ of state power having in its jurisdiction issues of foreign policy instantaneously informs executive organ of state power having in its jurisdiction issues of ensuring state security and defending state border about decision-making on restriction of access of diplomatic agents.
4. Executive organ of state power having in its jurisdiction issues of foreign policy shall notify a person enjoying diplomatic and consular immunities and privileges as well as a relevant diplomatic mission of the decision-making in relation to the indicated person on restriction of his right to enter the Pridnestrovien Moldavian Republic, and shall have the right to bring this information to the public, as appropriate.
5. Procedure of notification of diplomatic agents on adoption of the decision on restriction of their right to enter the Pridnestrovien Moldavian Republic shall be established by the President of the Pridnestrovien Moldavian Republic.
Article 7. Movement on the Territory of the Pridnestrovien Moldavian Republic
Diplomatic agents shall have the right to freedom of movement for personal or business purposes within the Pridnestrovien Moldavian Republic, except for the territories, organizations and facilities for the entry of which a special permission is required, as consistent with the current legislation of the Pridnestrovien Moldavian Republic.
2. The list of territories, organizations and facilities for the entry of which diplomatic agents need special permission shall be approved by the President of the Pridnestrovien Moldavian Republic.
Article 8. Liability for the Violation of the Present Law
Violation of the provisions of the present Law shall entail responsibility, provided for by legislative acts of the Pridnestrovien Moldavian Republic.
Article 9. On Enactment of the Present Law
The present Law shall come into force upon expiry of 1 (one) month as of the day of its official publication.
PRESIDNET OF THE PMR I. SMIRNOV
Tiraspol
June 12, 2009
N 774-З-IV
Article 1. The Subject Matter Regulated by the Present Law
The present Law designates procedure for crossing the state border of the Pridnestrovien Moldavian Republic by persons enjoying consular and diplomatic immunities and privileges in accordance with the norms of international law and legislative acts of the Pridnestrovien Moldavian Republic.
Article 2. Basic Terms and Concepts Used in the Present Law
1. Persons enjoying consular and diplomatic immunities and privileges (hereinafter referred to as diplomatic agents) are:
a) heads of representative offices (embassies and consulates of foreign states, missions of international organizations); members of official delegations possessing diplomatic status;
b) members of diplomatic staff of a representative office with a diplomatic rank.
2. Diplomatic missions are embassies, consulates, and representative offices of international organizations.
3. Members of administrative-technical staff are staff members of a representative office performing administrative-technical services of a representative office.
4. Members of service staff are staff members of a representative office carrying out duties on maintenance of representative offices, except for the persons carrying out administrative-technical services.
Members of administrative-technical and service staff shall not be diplomatic agents.
Article 3. Legislation on the Procedure for Crossing the State Border of the Pridnestrovien Moldavian Republic by Diplomatic Agents
Legislation on the procedure for crossing the state border of the Pridnestrovien Moldavian Republic by diplomatic agents is based on the Constitution of the Pridnestrovien Moldavian Republic and international treaties, and consists of the present Law, legislative acts of the Pridnestrovien Moldavian Republic and other normative legal acts of the Pridnestrovien Moldavian Republic issued in accordance with the present Law.
Article 4. Grounds for Entering the Territory of the Pridnestrovien Moldavian Republic by Diplomatic Agents
Diplomatic agents shall be entitled to enter the territory of the Pridnestrovien Moldavian Republic on their own initiative for personal and business purposes, as well as on the invitation of state bodies and local self-governing bodies of the Pridnestrovien Moldavian Republic.
Article 5. Procedure for Crossing the State Border by Diplomatic Agents
1. Diplomatic agents, pursuant to legislative acts of the Pridnestrovien Moldavian Republic and international treaties of the Pridnestrovien Moldavian Republic, upon presentation of the document identifying them and proving the corresponding diplomatic status (diplomatic passport), as well as members of their families, upon presentation of the document identifying them and proving the corresponding status, shall freely cross the state border of the Pridnestrovien Moldavian Republic in motor vehicles with diplomatic numbers, as well as other types of transport means in international checkpoints, unless otherwise provided for by international treaties.
The President of the Pridnestrovien Moldavian Republic shall be entitled, upon consultation with corresponding diplomatic missions, to permit diplomatic agents cross the state border of the Pridnestrovien Moldavian Republic on the basis of other documents, not specified in part one of the present item, provided that provisions of international treaties of the Pridnestrovien Moldavian Republic are observed.
2. Administrative-technical staff of representative offices shall cross the state border of the Pridnestrovien Moldavian Republic in international checkpoints together with diplomatic agents on the basis of documents identifying them, as well as in the presence of documents proving their belonging to administrative-technical staff of diplomatic missions.
Service staff of diplomatic missions crossing the state border of the Pridnestrovien Moldavian Republic in international checkpoints together with a diplomatic agent shall undergo procedure for crossing the state border of the Pridnestrovien Moldavian Republic on the basis of documents granting the right to cross the state border of the Pridnestrovien Moldavian Republic.
3. Administrative-technical and service staff of diplomatic missions not accompanying diplomatic agents shall cross the state border of the Pridnestrovien Moldavian Republic according to the standard procedure.
4. Persons specified in the present article shall be released from payment of state registration duty and other kinds of duties and fees collected when crossing the state border of the Pridnestrovien Moldavian Republic.
5. State bodies and local self-governing bodies inviting diplomatic agents shall notify an authorized organ of state power having in its jurisdiction issues of foreign policy of the forthcoming visits of diplomatic agents.
6. Access to the territory of the Pridnestrovien Moldavian Republic of diplomatic agents transiting to other states shall be carried out upon preliminary notification of executive body of state power having in its jurisdiction issues of foreign policy.
7. Access to the territory of the Pridnestrovien Moldavian Republic of diplomatic agents for personal or business goals on their own initiative shall be carried out upon preliminary notification of executive body of state power having in its jurisdiction issues of foreign policy.
8. Personal luggage of diplomatic agents, as well as that of the members of their families, shall be released from any kind of inspection in case there are no serious grounds to assume that it contains goods and items import and export of which is prohibited by international treaties and current legislation of the Pridnestrovien Moldavian Republic, or the procedure for their import or export is regulated by quarantine or other special rules. Such inspection shall be carried out only in the presence of diplomatic agents or their authorized representatives.
Article 6. Grounds for Restricting Access of Diplomatic Agents
1. Restrictions on access of diplomatic agents may be established in relation to persons enjoying diplomatic and consular immunities and privileges:
a) if there are materials regarding grave or especially grave crime committed by them on the territory of the Pridnestrovien Moldavian Republic;
b) in case of open appeal to the forced change of the constitutional order of the Pridnestrovien Moldavian Republic, or other extremist activity against the state;
c) in case a state which accredited them introduced restrictions on entry or acknowledged stay (living) of officials of state power of the Pridnestrovien Moldavian Republic undesirable on its territory;
d) for the purpose of ensuring defence capacity and security of the state.
Restriction of access of diplomatic agents on other grounds shall be not allowed.
2. The President of the Pridnestrovien Moldavian Republic shall have the right to make decision on restricting access of diplomatic agents to the Pridnestrovien Moldavian Republic, based on the proposal of state bodies, conformed with an executive organ of state power having in its jurisdiction issues of foreign policy.
3. Executive organ of state power having in its jurisdiction issues of foreign policy instantaneously informs executive organ of state power having in its jurisdiction issues of ensuring state security and defending state border about decision-making on restriction of access of diplomatic agents.
4. Executive organ of state power having in its jurisdiction issues of foreign policy shall notify a person enjoying diplomatic and consular immunities and privileges as well as a relevant diplomatic mission of the decision-making in relation to the indicated person on restriction of his right to enter the Pridnestrovien Moldavian Republic, and shall have the right to bring this information to the public, as appropriate.
5. Procedure of notification of diplomatic agents on adoption of the decision on restriction of their right to enter the Pridnestrovien Moldavian Republic shall be established by the President of the Pridnestrovien Moldavian Republic.
Article 7. Movement on the Territory of the Pridnestrovien Moldavian Republic
Diplomatic agents shall have the right to freedom of movement for personal or business purposes within the Pridnestrovien Moldavian Republic, except for the territories, organizations and facilities for the entry of which a special permission is required, as consistent with the current legislation of the Pridnestrovien Moldavian Republic.
2. The list of territories, organizations and facilities for the entry of which diplomatic agents need special permission shall be approved by the President of the Pridnestrovien Moldavian Republic.
Article 8. Liability for the Violation of the Present Law
Violation of the provisions of the present Law shall entail responsibility, provided for by legislative acts of the Pridnestrovien Moldavian Republic.
Article 9. On Enactment of the Present Law
The present Law shall come into force upon expiry of 1 (one) month as of the day of its official publication.
PRESIDNET OF THE PMR I. SMIRNOV
Tiraspol
June 12, 2009
N 774-З-IV
