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BUSINESS CORE PRESENTED TO THE AUTHORITIES

AmCham has kicked off our dialogue with the new Government, and key ministers responsible for public policies with an impact on economic development and business activity, reaffirming AmCham's role of a valued advocacy force in Moldova and committing to remain trusted dialogue partner for Moldovan policymakers. AmCham submitted AmCham Business CORe - a compendium of major priorities for reforming the business environment, boosting growth and prosperity.

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AmCham is actively involved as a member of the following Organizations & Governmental Working Groups:

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Economic Council to the Prime Minister

The Economic Council to the Prime Minister was established as an advisory body with the mission to facilitate the dialogue between the representatives of the business environment, donors’ community and policymakers to develop a favorable social-economic climate and non-discriminatory, transparent business environment, which would be attractive for investment. For more efficient performance, permanent thematic working groups and temporary (ad-hoc) working groups have been created within the Council since 2016.

“Guillotine” Working Group

National Working Group on Regulation of Entrepreneurial Activity (otherwise called “Guillotine” Working Group) is intended to monitor and revise new regulations (draft norms elaborated by central state authorities) affecting entrepreneurial activity. Working Group acts weekly and analyses on average 5-6 normative acts per sitting. The work is based on impartiality and compliance with the basic principles of regulation of entrepreneurial activity (e.g., regulatory impact assessment, etc.).

ENational Confederation of Employers in RM

As a member of the National Confederation of Employers in Moldova (NCE), AmCham is involved in many of its activities to foster policy change and establish a better business environment.

Councils for Dispute Resolution within the Tax Service, Customs Service, Agency for Technical Supervision, Agency for Consumer Protection and Market Surveillance, National Center for Personal Data Protection, National Agency for the Regulation of Nuclear and Radiological Activities, National Agency for Regulation in Electronic Communications and Information Technology

The Dispute Resolution Councils within the public authorities are composed of representatives from authorities and business associations, including AmCham. The Councils act in the form of meetings, which are organized depending on the appeals filed. The members of the Councils will share solutions on the examined subject at the meeting in order to resolve the deferred disputes.

The Advisory Committee under Customs Service

AmCham performs the Secretary of the Advisory Committee, ensuring the continuity of the dialogue mechanism between the Customs Service and the business community. Advisory Committee under Customs Service is a trade facilitation body consisting of representatives of the Customs Service and representatives of associations involved in external trade.

Advocacy
B2G dialogue partners
  Ministry of Labor and Social Protection
  Parliamentary Committee on social protection, health and family
  Economic Council to the Prime Minister
  Tripartite working group for amending the Labor Code

Committee Advocacy Win: The improved Labor Code

The changes made to the Labor Code are intended to improve the business climate in Moldova from the perspective of labor legislation.

Among the main proposals promoted by AmCham are:

  Legal regulation of the non-competition clause in employment contracts
  Limitation of the amount of compensation in case of illegal dismissal/transfer of the employees

Areas of ongoing advocacy efforts

  General labor regulatory basis
  Remote work regulation
  Temporary work agent regulation
  Regulation of childcare services that employers can provide to their employees


HR COMMITTEE ACTIVITIES


Advocacy
B2G dialogue partners
  Ministry of Finance
  Ministry of Economy
  Ministry of Labor and Social Protection
  State Tax Service
  Parliamentary Committee for the economy, budget and finance
  President Office
  Center of Information Technologies in Finance
  Public Oversight of Audit Activity Council
  National Bureau of Statistics
  National Social Insurance Authority
  National Health Insurance Company
  National Agency on Archives
  Chisinau Municipality Council

 

Solved regulatory issues
  Tax invoice issues (the transportation document in e-commerce)
  Depreciation of assets (some important clarifications for the community have been received)
Areas of ongoing advocacy efforts
  Tax and Customs Policy 2023
  Deductibility issues (refugees’ assistance, distance working, COVID, employees’ meals and transportation, travel expenses, internal marketing expenses, mileage form, etc)
  Non-residents' activity
  Digitalization of tax reporting (optimization of interaction with State Tax Service, including via previously announced Automated Electronic System "Electronic Monitoring of Sales" and Fiscal Gateways, as well as developing the e-Invoice instrument in a more proper way)
  Review and digitization of tax administration and accounting procedures for internal purposes and use of the digital tools in optimization of the internal processes, including e-archive
  New Tax Code and approximation to EU Directives aspects
  MD-US Double Taxation Agreement
  Local taxes

 

TAX COMMITTEE ACTIVITIES

Advocacy B2G dialogue partners

  Customs Service
  Ministry of Economy
  Ministry of Infrastructure & Regional Development
  Ministry of Environment
  Ministry of Agriculture & Food Industry
  National Agency for Food Safety
  Parliamentary Committee on Agriculture and Food Industry

 

Solved regulatory issues

  New Customs Code approved
  AmCham EPR concept has been welcomed by the Ministry of Environment for further development and implementation
  A working group was established within the Parliamentary Committee on Agriculture and Food Industry
  to amend the Land Code and eliminate restrictions for the mining activities under the high-quality agricultural land

 

Areas of ongoing advocacy efforts

  Implementation of the new Customs Code
  Advancing on exporting goods of animal origin
  Advancing on improvement of the postponement of payment of customs duties mechanism
  Ensure a level playing field between US-made products and goods of preferential origin
  Advancing on implementation of extended producer responsibility principle for packaging
  NElimination of excessive control when importing goods subject to food safety control
  Simplified payment of import duties for goods imported by postal operators
  Advancing on improvement of evidence by Customs Services of tariff quotas
  Advancing on elimination of restrictions for the mining activities under the high-quality agricultural land
  Maintenance of tax & customs regime for operation in Free Economic Zones

 

TRADE & MANUFACTORING COMMITTEE ACTIVITIES

Advocacy

B2G dialogue partners

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

Committee Advocacy Win: The improved procedure on approval and registration of medicines producer prices

The medicines law was adjusted - the market had to grow, become more attractive and provide consumers with affordable medicines.

The expected results should be achieved under the conditions of relaxing the procedures related to the formation of prices, allowing the direct negotiation of prices with manufacturers, and excluding from the calculation the lowest medicines prices in the reference states.

 

Areas of ongoing advocacy efforts

  Harmonization of national legislation on medicines and medical devices with relevant EU directives and regulations
  Price liberalization for over-the-counter (OTC) medicines
  A clear and transparent mechanism for medicines compensation
  National healthcare procurement system improvement
  Managed Entry Agreements (MEA) concept implementation
  Digitalization of the medical system and telemedicine services regulation
  Regulated online trade of medicines and pharmaceutical products
  Expanding pharmaceutical services and primary health assessment services for patients in pharmacies
  Revision of health regulations on food supplements.

Advocacy

Committee’s B2G Dialogue Partners:

  National Bank of Moldova
  National Commission for Financial Market
  Parliamentary Committee for the economy, budget and finance
  Ministry of Finance
  Ministry of Justice
  Economic Council to the Prime Minister
  ODIMM

Solved regulatory issues

  Approved Law that caps creditor’s interest rate, fees and penalties considered few AmCham recommendations
  Facilitated compliance with certain provisions from the Law on electronic signature
  Approval of the” Digitization package” - a legislative initiative developed on the Economic Council platform with assistance from IFC and GIZ, aimed at removing regulatory constraints that hinder the digital interaction G2B2G; B2B; B2C2B. The main amendments refer to the modernization of the law on personal data protection, Civil Code, Law on credit history bureaus; AML Law, etc. (24 laws)
  Improvement of communication between Public Services Agency and the financial sector

Ongoing advocacy efforts

 Regulations on responsible lending and on creditworthiness assessment for banks and non-bank credit organizations
 Insurance and re-insurance activity
 Modernization of the Register on pledges
 Access to the state managed financing facilities (DLC) by non-bank credit organizations
 Access of NCOs the the ODIMM state Guarantee Fund for SMEs

Advocacy B2G dialogue partners    

  Ministry of Finance
  National Bank of Moldova
  Ministry of Economy
  National Commission for Financial Markets
  President Office
  Parliamentary Committee for the economy, budget and finance
  State Tax Service
  Center of Information Technologies in Finance
  Office for Prevention and Fight Against Money Laundering
  National Center for Personal Data Protection
  Agency for Consumer Protection and Market Surveillance

 

Areas of ongoing advocacy efforts

  Electronic Distance Identification (E-Know Your Customer)
  E-commerce issues (with focus on payments)
  Open Banking (Payment Services Directive2 Package)
  Regulation of crowdfunding activity
  Regulations on cash registers (including on Fiscal Gateway issues) and Automated Electronic System "Electronic Monitoring of Sales", including cash withdrawal from CRE
  Loyal competition on the payment services providers’ market
  E-signature and its issues

 

DIGITAL TRANSFORMATION COMMITTEE ACTIVITIES

Advocacy

B2G dialogue partners

  Ministry of Economy and Infrastructure
  Ministry of Justice
  Competition Council
  State Agency on Intellectual Property
  National Center for Personal Data Protection
  Bureau for Migration and Asylum
  Parliamentary Committee for legal affairs, appointments and immunities
  Parliamentary Committee for the economy, budget and finance
  Parliamentary Committee for national security, defense and public order
  Economic Council to the Prime-minister
  Working Group of the State Commission for Regulation of Entrepreneurial Activity
  Mayor Office

 

Solved regulatory issues

  Approved law on advertising
  Approved decision on the list of types of processing operations subject to a data protection impact assessment (DPIA)
  Approved standard contract for the cross-border transmission of personal data to states that do not provide an adequate level of personal data protection
  Improved law on the manufacture and circulation of ethyl alcohol and alcohol production

 

Committee Advocacy Wins:

  • Amended Land Code
    The amendments to Land Code allow changing the destination of high-quality agricultural land within the limits of mining perimeters.
    The initiative will allow mining enterprises to implement new projects in the mining industry and continue the production of construction materials from local raw materials.
  • A new law on copyright and related rights
    The new law on copyright and related rights aims to solve the multiple problems caused by a similar law in force.
    Among the main achievements in the context of the promotion of the law are:

    1. the elimination of the defective and inequitable mechanism for determining and collecting the private copying levy
    2. reduced amount of private copying levy to a level comparable to that applied in international practice, taking into account also the reduced purchasing power of the population of the Republic of Moldova
    3. the significant facilitation and improvement of the degree of private copying levy collection

Areas of ongoing advocacy efforts

  • Personal data protection
  • Corporate law
  • Intellectual property
  • Competition legislation
  • Energy & oil
  • Telecommunications
  • Work migration & foreigners’ regime in Moldova
  • Distribution & retail
  • Tobacco
  • Anti-money laundering
  • Judicial fees

 

LEGAL COMMITTEE ACTIVITIES

Advocacy

B2G dialogue partners

  Ministry of Economy and Infrastructure
  Ministry of Environment
  Parliamentary Committee on Agriculture and Food Industry
  National Agency for Energy Regulation
  Mayor Office

 

Solved regulatory issues

  Approved Government decision on the capacity limits, maximum quotas, and capacity categories in the field of electricity from renewable sources by 2025
  Approved regulations on the confirmation of the status of eligible producers in the field of renewable energy
  The established possibility of using agricultural land for renewable energy projects and amended Land Code
  AmCham EPR concept has been welcomed by the Ministry of Environment for further development and implementation

 

Areas of ongoing advocacy efforts

  Renewable energy regulatory framework
  Environmental regulations on waste management
  Implementation of extended producer responsibility (EPR) principle for packaging according to best EU practices
  Subsidiary legislation on incineration and co-incineration of waste
  Waste water treatment facilitation
  Legislation on industrial emissions
  Organic Agriculture
  Paperless B2G

 

GREEN TRANSITION COMMITTEE ACTIVITIES