Tax & Legal Committee

Ministry of Finance
Ministry of economy and infrastructure
State Tax Service
Competition Council
National Center for Personal Data
Parliamentary Committee on economy, budget and finance
Economic Council under the Prime-minister
State Agency on Intellectual Property
Bureau for Migration and Asylum

• Legislative proposal in connection with the General Data Protection Regulation – Provisions that derogate from European rules. The Tax & Legal Committee identified several proposals for improvement of the draft law promoted by the National Center for Personal Data Protection. New provisions of the draft law establish multiple rules on the use and evidence of goods that might be potentially employed to breach privacy and civil rights. Hence, the following goods fall under the scope of this law: goods that are able to capture photo/video, software or hardware; hidden cameras; drones; IT solutions; and gadgets that provide data with limited accessibility to an individual.
• Tax policy 2018. Addressing comprehensive comments and recommendations on behalf of the Tax Committee to relevant state authorities.
• Reform of the sanctioning system. Representatives of the Committee had different views on the provisions of the draft proposed by the Ministry of Justice, and pointed out the need to ensure a more transparent, balanced process that takes into account their potential impact.
• Work, migration, and foreigners’ regime in The Republic of Moldova. Based on legal constraints and gaps signaled by the business environment, the state authorities have made modifications and amendments to Law Nr. 180 regarding work migration and Law Nr. 200 regarding the foreigners’ regime in Republic of Moldova. Through this draft law, the author had revised and optimized the procedure and terms of granting the right to work and stay, inclusively of authorizations, and also simplified the list of necessary documents to obtain the above-mentioned rights.
• Copyright and related rights. After an extensive consultative process, AGEPI has accepted the conceptual modification of the mechanism and procedures for collecting and distributing the remuneration levy with a more active involvement of state bodies, which will ensure a real guarantee for all actors involved in this process; and a considerable decrease of the value of remuneration (from 3% and more - up to1%), which will reduce the financial burden on economic operators.
• Law on meal tickets. The committee had an active role in regards to reviewing the introduction of meal vouchers. Insurances have been granted by the Author in order to keep the law in parallel with the provisions made by Government Decision Nr. 144/2014 for the approval of the Regulation regarding the amount of and criteria for establishing made expenses; to be determined by the employer for the employee’s transportation, meals, and professional studies.

Human Resources Committee

Ministry of Health, Labour and Social Protection
Parliamentary Committee on social protection, health and family
Economic Council under the Prime Minister

• Law amending 36 articles of the Moldovan Labor Code. As member of a specialized Working Group created by the Prime Minister, AmCham has contributed to drafting the law that significantly modified the Labor Code by (i) eliminating the prohibition on trial periods for young specialists, (ii) reducing by 2 years the duration of unpaid parental leave for employees with children aged between 3 and 6 years old, (iii) abolishing the requirement to have the mandatory consent of the labor union for dismissals of its members and replacing it with a consultation procedure, (iv) instituting a right for the employer to terminate contracts for a serious breach of duties or gross misconduct on employee’s behalf. This law entered into force in October 2017.
• Law on unqualified day-workers. The Committee has been actively involved in the legislative process leading to the adoption of the new law on the regime of unqualified day-workers. This law has been adopted by the Parliament in early 2018 and provides a mechanism for contracting occasional workers in the agricultural sector without concluding labour contracts.

Trade & Manufacturing Committee

Customs Service
Ministry of Economy & Infrastructure
Ministry of Agriculture, Regional Development and Environment
National Agency for Food Safety

EUBAM, EU Delegation, EU High Level Advisors, EPPO, GIZ

• New Customs Code. Being a ”work in progress”, the Committee is actively involved in the consultation process of the new Customs Code, thus keeping an equilibrium between trade facilitation measures and the country’s commitment to implement the EU Customs Code.
• Implementation of extended producer responsibility. The Committee is one of the main dialogue partners on implementing the EU waste management principles in the Republic of Moldova. The Committee repeatedly addressed letters militating for the improvement of the draft regulation on packaging waste, as well as to the draft regulation on waste form electrical equipment.
• Postponement of the implementation of a new export procedure. AmCham, along with a series of development agencies, successfully postponed the application of a new export procedure that would have increased the cost of exporting.

Financial Services Committee

National Commission for Financial Markets
National Bank
Ministry of Finance
Ministry of Economy & Infrastructure

IFC/World Bank, EU Delegation, GIZ

• Modernization of the Civil Code. As the amendments propose the codification of a series of pieces of legislation important for the financial industry, the committee was actively involved in the consultation process of the draft law.
• Law on the prevention and combating of money laundering and terrorism financing. The committee had an active role in reviewing and coming up with recommendations to the Ministry of Justice, thus ensuring the loyal approximation of the MD AML legislation to EU requirements
• Law on non-bank credit organizations. After an extensive consultative process, Parliament approved a new regulatory framework for financial organizations that provide credit or financial leasing. The new law is perceived as a platform for boosting the development of the non-bank financial sector.

Healthcare Committee

Ministry of Health, Labour and Social Protection
Medicines and Medical Devices Agency
National Health Insurance Company
Parliamentary Committee on social protection, health and family
Economic Council under the Prime Minister

• Review of the draft Law on medicines transposing the EU Directive 2001/83/CE. Although the process is still ongoing, multiple revisions have been included in the draft law upon AmCham’s recommendations, including safeguards on parallel imports of drugs, and removal of provisions regarding online sales of medicines.
• Draft amendments to regulatory framework on healthcare public procurement. AmCham suggested legislative amendments in order to ensure a balanced reduction of delay penalties imposed on suppliers of medicinal products under public procurement contracts. A draft governmental regulation including the recommended amendments has been put forward for public consultations in March 2018.
• Initiative for ethical drug promotion. AmCham Healthcare Committee has reinitiated the dialogue with authorities on the need to have national regulations regarding ethical drug promotion practices to healthcare professionals, which would be in line with the Directive 2001/83/CE and international best practices.
• Commentaries on the state’s price control regulations on medicines. The Committee held meetings and issued positions papers, asking for more alignment with the standards on over-the-counter drugs pricing applied by EU countries.
• New pharmacovigilance rules. The Committee members met with the Medicines and Medical Devices Agency to discuss new pharmacovigilance standards adopted by the Ministry of Health in 2017.