08/04/09
The Ministry of Foreign Affairs of the Pridnestrovian Moldavian Republic informed earlier of the enactment of the Law of the Pridnestrovian Moldavian Republic from June 12, 2009, № 774-З-IV “On some peculiarities of crossing the state border of the Pridnestrovian Moldavian Republic by persons enjoying consular and diplomatic immunities and privileges” (the full text of the Law see in the section “Consular service”- “Documents”). The adoption of the given Law by the Pridnestrovian Parliament was preconditioned by the necessity to regulate crossing of the state border of the Pridnestrovian Moldavian Republic by foreign diplomats who are not as a rule accredited in the Pridnestrovian Moldavian Republic. The unilateral application of Vienna conventions by Pridnestrovie in respect of foreign diplomatic and consular representatives was regarded as well. Besides, preserving travel restrictions for a number of officials of the Pridnestrovian Moldavian Republic in some countries were also taken into consideration.
In view of a number of incidents on the frontiers which became the reason for diplomatic representations' address to the Ministry of Foreign Affairs of the Pridnestrovian Moldavian Republic with the request to clarify the procedure of border crossing, and also in order to prevent such situations in the future, PMR Ministry of Foreign Affairs gives more detailed information on the procedure of crossing the state border of the Pridnestrovian Moldavian Republic by diplomatic agents.
The Law enacted on July15, 2009, establishes order of crossing the state border of the Pridnestrovian Moldavian Republic by persons enjoying consular and diplomatic immunities and privileges, i.e. diplomatic agents.
To the persons enjoying consular and diplomatic immunities and privileges (diplomatic agents) belong - in accordance with the Article 2 of the given Law - heads of representations (embassies and consulates of foreign states, representations of international organizations); members of official delegations possessing diplomatic status; members of diplomatic personnel of a representation with a diplomatic rank. Article 2 of the Law additionally points out that members of administrative and technical staff and operating personnel are not regarded as diplomatic agents.
The Law lays special emphasis on the regulation of the state border crossing by diplomatic agents. Thus, according to the Law, diplomatic agents moving in cars with diplomatic numbers, or in any other means of transport, freely cross the state border of the Pridnestrovian Moldavian Republic in international checkpoints if they show documents proving their identity and corresponding diplomatic status (diplomatic passport). The members of their families can also pass the border without any obstacle if they show their IDs and documents proving corresponding diplomatic status. The President of the Pridnestrovian Moldavian Republic, in agreement with corresponding diplomatic representations, has the right to permit diplomatic agents to cross the state border of the Pridnestrovian Moldavian Republic on the basis of other documents, apart from diplomatic passports.
In accordance with the norms of the Law, diplomatic agents have the right to enter the territory of the Pridnestrovian Moldavian Republic on their own initiative for personal or business purposes, or when they are on transit to other states, provided that they inform PMR Ministry of Foreign Affairs about it beforehand. If invited by state power bodies or local authority, diplomatic agents have the right to enter the territory of the Pridnestrovian Moldavian Republic without preliminary notification of the corresponding structures. This duty is entrusted to the inviting body of the state power or local authority of the Pridnestrovian Moldavian Republic.
Particularly, the Law establishes order of crossing the state border of the Pridnestrovian Moldavian Republic by the members of administrative and technical staff and operating personnel.
Administrative and technical staff of representations passes the state border of the Pridnestrovian Moldavian Republic in international checkpoints together with diplomatic agents on the basis of their identity cards and also if there are documents proving they are members of administrative and technical staff of diplomatic representations. Operating personnel, in its turn, crosses the state border of the Pridnestrovian Moldavian Republic on the basis of the documents giving the right to cross the PMR's state border.
At the same time, members of administrative and technical staff and operating personnel of diplomatic representations who do not accompany diplomatic agents cross the state border of the Pridnestrovian Moldavian Republic on equal bases.
The Law also provides for the possibility of diplomats' entry restriction. It is the President of the Pridnestrovian Moldavian Republic who has the right to make such a decision if there are grounds for this. The list of all possible grounds is also defined in the Law. The Ministry of Foreign Affairs of the Pridnestrovian Moldavian Republic delivers this decision to the diplomat who gets entry restriction and also to the corresponding diplomatic representation.
So, the main conditions ensuring diplomatic agents free crossing of the state border of the Pridnestrovian Moldavian Republic are, firstly, production of documents proving their identity and corresponding diplomatic status (diplomatic passport and/or documents of the members of a diplomatic agent's family) and, secondly, beforehand and preliminary notification of the Ministry of Foreign Affairs of the Pridnestrovian Moldavian Republic about the planned visit.
In view of a number of incidents on the frontiers which became the reason for diplomatic representations' address to the Ministry of Foreign Affairs of the Pridnestrovian Moldavian Republic with the request to clarify the procedure of border crossing, and also in order to prevent such situations in the future, PMR Ministry of Foreign Affairs gives more detailed information on the procedure of crossing the state border of the Pridnestrovian Moldavian Republic by diplomatic agents.
The Law enacted on July15, 2009, establishes order of crossing the state border of the Pridnestrovian Moldavian Republic by persons enjoying consular and diplomatic immunities and privileges, i.e. diplomatic agents.
To the persons enjoying consular and diplomatic immunities and privileges (diplomatic agents) belong - in accordance with the Article 2 of the given Law - heads of representations (embassies and consulates of foreign states, representations of international organizations); members of official delegations possessing diplomatic status; members of diplomatic personnel of a representation with a diplomatic rank. Article 2 of the Law additionally points out that members of administrative and technical staff and operating personnel are not regarded as diplomatic agents.
The Law lays special emphasis on the regulation of the state border crossing by diplomatic agents. Thus, according to the Law, diplomatic agents moving in cars with diplomatic numbers, or in any other means of transport, freely cross the state border of the Pridnestrovian Moldavian Republic in international checkpoints if they show documents proving their identity and corresponding diplomatic status (diplomatic passport). The members of their families can also pass the border without any obstacle if they show their IDs and documents proving corresponding diplomatic status. The President of the Pridnestrovian Moldavian Republic, in agreement with corresponding diplomatic representations, has the right to permit diplomatic agents to cross the state border of the Pridnestrovian Moldavian Republic on the basis of other documents, apart from diplomatic passports.
In accordance with the norms of the Law, diplomatic agents have the right to enter the territory of the Pridnestrovian Moldavian Republic on their own initiative for personal or business purposes, or when they are on transit to other states, provided that they inform PMR Ministry of Foreign Affairs about it beforehand. If invited by state power bodies or local authority, diplomatic agents have the right to enter the territory of the Pridnestrovian Moldavian Republic without preliminary notification of the corresponding structures. This duty is entrusted to the inviting body of the state power or local authority of the Pridnestrovian Moldavian Republic.
Particularly, the Law establishes order of crossing the state border of the Pridnestrovian Moldavian Republic by the members of administrative and technical staff and operating personnel.
Administrative and technical staff of representations passes the state border of the Pridnestrovian Moldavian Republic in international checkpoints together with diplomatic agents on the basis of their identity cards and also if there are documents proving they are members of administrative and technical staff of diplomatic representations. Operating personnel, in its turn, crosses the state border of the Pridnestrovian Moldavian Republic on the basis of the documents giving the right to cross the PMR's state border.
At the same time, members of administrative and technical staff and operating personnel of diplomatic representations who do not accompany diplomatic agents cross the state border of the Pridnestrovian Moldavian Republic on equal bases.
The Law also provides for the possibility of diplomats' entry restriction. It is the President of the Pridnestrovian Moldavian Republic who has the right to make such a decision if there are grounds for this. The list of all possible grounds is also defined in the Law. The Ministry of Foreign Affairs of the Pridnestrovian Moldavian Republic delivers this decision to the diplomat who gets entry restriction and also to the corresponding diplomatic representation.
So, the main conditions ensuring diplomatic agents free crossing of the state border of the Pridnestrovian Moldavian Republic are, firstly, production of documents proving their identity and corresponding diplomatic status (diplomatic passport and/or documents of the members of a diplomatic agent's family) and, secondly, beforehand and preliminary notification of the Ministry of Foreign Affairs of the Pridnestrovian Moldavian Republic about the planned visit.
