Таможня и Наука

Sergey Moser

Aspirant of the Russian customs academy

Customs bulletin. – 2008. – № 6-7 (108-109). – p. 2-6

 

CONTENT:

1. Historical background

2. Positions of the international experts on the issue of customs conflict

3. The OSCE Assessment and Monitoring Mission, 2002

4. Smuggling from Transdniestria: myths and reality

4.1 Expert’s conclusions

4.2 Customs control at the Moldavian- Transdniestrian border

4.3 The Ukrainian vector

5. The European Union Monitoring Mission (EUBAM)

5.1. Historical reference

5.2. Experts’ positions

5.3. Legal bases of the EU Mission’s work

Conclusion

 

1.     Historical background

Changing of administrative-legal regime of the customs activity of Transdniestria, the main point of which was artificial restraint of export/import transactions of Transdniestria without the Moldavian customs identification, has taken effect at the beginning of 2006 after signing the Joint Declaration of the Prime Ministers of Ukraine and the Republic Moldova of 12/30/2005^[1], and after the Regulation of the Cabinet of Ministers of Ukraine of 3/1/2006 №112 — p^[2] has entered into force.

From that moment control over goods movement through the Moldavian-Ukrainian border the Ukrainian side has been carrying out in compliance with the provisions of the Protocol between the State Customs Service of Ukraine and the Customs Department of the Republic of Moldova concerning mutual recognition of shipping, commercial and customs documents supply^[3] signed in Kiev on 15 May 2003.

According to the Moldavian side, the measures taken by the Republic of Moldova and Ukraine in compliance with the Joint Declaration of the Prime Ministers V.Tarlev and Y.Ekhanurov of 30 December 2005 were perfectly ordinary in practice of interstate relations, and Tiraspol, ostensibly, without any reasons declared these measures to be «economic blockade of Transdniestria» and practically directed to self-isolation of the region.^[4]

In connection with the current situation caused by introduction of new customs regime of the foreign trade activity by the Republic of Moldova and Ukraine, the Russian interdepartmental group comprising representatives of Security Council, Russian Government, Ministry of Foreign Affairs and other departments visited Transdniestria in March 2006. In the course of the visit the Russian side has expressed anxiety concerning toughening of the customs regime in relation to Transdniestrian cargoes. According to the Russian experts delegations, introduction of new customs regime directly contradicts assistance in formation of confidence climate and reducing confrontation between the conflict sides.

Russian experts emphasized that all things were occurring against a backdrop of obviously coordinated campaign to blame Transdniestria in “self-isolation and an attempt to hamper conflict settlement», while the current situation presented as «technical actions for improving customs order» was planned from the very beginning to be a political action on economic suppression of the region. Ukraine as the state-mediator and guarantor together with other initiators of introduction of new customs regime has withdrawn from weighted approach to settle Transdniestrian problem.^[5]

As regards the new regime of the customs activity of Transdniestria it should be noted that the Ministry of Foreign Affairs of Russia in its Commentary of 03.07.2006 has stated that at issue is not so much the imposition of better-arranged customs regulations on the Ukrainian-Moldovan border and its Transnistrian section but political action where one can easily discern the aim of placing under Chisinau’s control the whole external economic activity of Transnistria, undermining the bases of the formation of the area’s budget and bringing the situation there to a social explosion^[6].

In its turn, the Transdniestrian side considers that changing of administrative-legal regime of the customs activity of the region is qualified as economic blockade.^[7]

Study on this issue definitely indicates that introduction of new administrative-legal regime of the customs activity at the beginning of 2006 coincides with deployment of EU Border Assistance Mission to Moldova and Ukraine along the perimeter of Transdniestrian-Ukrainian border.

There is no doubt that every independent state in compliance with national legislation and interstate agreements has the right to decide independently what foreign divisions can be deployed in its territory and what cannot. However the deployment of EU Monitoring Mission along the Transdniestrian border in 2006, according to the experts, had a direct effect on changing of the regime of foreign trade transactions of TransdniestrianMoldavianRepublic.

For this reason the history of deployment of the EUBAM, legal bases and results of the Mission’s activity are the matters of interest in researching administrative-legal regime of the customs activity of Transdniestria.

 

2. Positions of the international experts on the issue of customs conflict

Throughout the Moldavian-Transdniestrian conflict various international experts and observer groups visited the territories of the sides; meetings with leaders of Transdniestria and the Republic of Moldova were organized. International experts on the spot had an opportunity to study in details specifics of the issue, to obtain supplementary explanations from each side, including those concerning customs issue.

There is no doubt the positive aspect of these visits was the obtaining of objective information related to current events in the region. It should be noted that the number of international experts specializing in economic component of the conflict was not so large: lawyers, economists, political scientists, experts in geopolitics. In a small degree – customs officers, customs experts capable to estimate impartially the situation.

For this reason visits of customs experts were of special interest for the Transdniestrian side because it was unnecessary for this category of persons to explain norms of international customs and commercial law concerning freedom of cargo transit, and to convince that any political restraint connected with artificial termination of export/import transactions is inadmissible for international trade and customs community.

In case of Transdniestria two main Monitoring Missions can be marked out specializing in the analysis of customs and border cooperation at Moldavian-Ukrainian border. But the tasks set before them strongly differed.

It concerns the OSCE Assessment Team which in 2002 was tasked to assess the level of cooperation with respect to border and customs controls at Moldavian-Ukrainian border, and EU Mission on Border Assistance to Moldova and Ukraine.

The first case can be conditionally called as an objective attempt of international experts to analyze the technical aspect of the customs conflict between Moldova and Transdniestria. In the second case the Mission represents the political instrument, ensuring actual implementation of geopolitical interests of European states with regard to Moldova and Ukraine.

 

3. The OSCE Assessment  and Monitoring Mission, 2002

One of the most notable visits of monitoring groups to Transdniestrian region may be called the visit of the OSCE Assessment Team tasked with studying the cooperation level in customs and border control area at Moldavian-Ukrainian land border in 2002.^[8]

Within the period from 11 November till 15 November 2002 the Group intensively moved along the Moldavian-Ukrainian border and visited a number of border crossing points including those two controlled by Transdniestrian authorities.^[9] The Group also visited seaport Ilyichevsk (Odessa). At different stages of work the Mission was provided by information materials which were being constantly supplemented throughout the visit in both official and unofficial way.

Experts of the Monitoring Team noted that “Transdniestrian separatist region has effective control over a large segment of Moldavian border with Ukraine”.^[10]

Realities of 2002 and relatively tolerant Ukraine’s position as a guarantor in Transdniestrian conflict settlement enabled Transdniestria to apply customs stamps of Transdniestria for customs clearance of cargoes in accordance with the achieved agreements (the Protocol Decision on settlement of problems arisen in activity of Customs Services of the Republic of Moldova and Transdniestria of 7 February 1996, Tiraspol). In its Report the Assessment Team noted that “Transdniestria continues to certificate goods using the old seals”. And “Ukraine recognizes these stamps only by virtue of the fact any consignment has the right to be officially checked and certificated at a port/place of entry whether it is previously certificated or not.” ^[11]

It should be noted that the Ukraine’s position fixed in Report by the OSCE assessment team in 2002 concerning that each cargo is entitled to be officially examined and cleared at the port/point of entry, notwithstanding it has been previously cleared or has not been, is the objective one and results from the norms of international customs and commercial law.

For instance, the World Trade Organization’s norms concerning marks of goods origin (customs stamps and customs attributes can be also referred to such notes) come to this: in adopting and enforcing laws and regulations relating to marks of origin, the difficulties and inconveniences which such measures may cause to the commerce and industry of exporting countries should be reduced to a minimum.^[12]

Moreover, the WTO contracting parties should permit required marks of origin to be affixed at the time of importation.^[13] This means that international law imposes on the WTO contracting parties obligations to release goods notwithstanding if marks on the documents affixed or not. If not, they are affixed at the time of importation of goods into the customs territory.

In addition to the above said let’s note that the WTO member countries recognize the need for minimizing the incidence and complexity of import and export formalities and for decreasing and simplifying import and export documentation requirements.^[14]

In opposition to the international commercial and customs law and to the previous Ukraine’s position relating to export/import transactions of Transdniestria, some representatives of the OSCE, USA, EU and the Republic of Moldova insisted on restrictions of foreign trade transactions of Transdniestria qualifying them to be contraband and illegal.^[15] Transdniestrian side has been blamed for non-fulfillment of the agreement of 1996, stipulated establishment of joint checkpoints with Moldova at Moldavian-Transdniestrian border. None of the OSCE experts paid any attention to the issues of establishing joint checkpoints at Ukrainian border, contained in Moldavian-Ukrainian protocols of working groups, where the position of the Ukrainian side was clearly represented concerning impossibility of performance of these intentions because of technical and legal difficulties.^[16]

At the time of working of the monitoring Mission the general opinion of the Ukrainian authorities was that the Transdniestrian problem was essentially an internal one for Moldova to solve. In accordance with the Report of 29.11.2002 “the Ukrainian authorities do not believe that significant smuggling of weapons/drugs or other goods takes place. Contrary to statements from the Moldovan authorities, Ukraine claims that most of the smuggling/illegal activities take place on the non-Transdniestrian part of the Moldovan border, and consider that the low detection rate along the Trans­dnies­­­trian section of the border is due to particularly tight border controls. The Ukrainian experts stated that the smuggling of weapons was not significant, and that very few had been detected”.^[17]

It is worthwhile to mention the short term visit of the OSCE Parliamentary Assembly’s working group on Moldova headed by deputy of the Finland’s Parliament KimmoKuljunen at the international checkpoint “Pervomaysk” of Tiraspol customs house of the State Customs Committee of Transdniestria. After getting acquainted with the system of customs control over goods and vehicles moved across Transdniestrian-Ukrainian border, the OSCE high representative claimed that he was “satisfied with what he had seen because everything was well arranged”.^[18]

Thus in November 2002 there were at least two positions.

On the one hand:

Transdniestria had the right to carry out freely foreign trade activity, to fulfill independently customs clearance of cargoes using customs stamps and seals of the established form.

Transdniestria was not considered as a source of smuggling.

Transdniestria had a secure control along the whole Transdniestrian-Ukrainian border over the flow of goods and vehicles.

Ukraine adhered to the same opinion.

On the other hand representatives of the OSCE, USA, EU and the Republic of Moldova took the counter position without presenting any facts. In substance statements of these subjects:

were declarative,

had nothing to do with problematics of Moldavian-Transdniestrian customs conflict settlement,

did not pursue the purpose of harmonization of relations between the conflict sides,

aimed at economic suppression of pro-Russian independent region.

Political events that took place in Ukraine in 2004 subsequently have cardinally changed the position of the Ukrainian state concerning Transdniestrian issue. Unfortunately it should be stated that for political reasons contrary to previously achieved agreements and norms of international law Ukraine supported unilateral actions of the Republic of Moldova aimed at creation of artificial obstacles with regard to export/import transactions of Transdniestrian Moldavian Republic.

At the same time the idea of the need for deployment of foreign divisions of law enforcement block in the territory of Ukraine and Moldova under the pretext of practical assistance to international customs experts, observers and instructors, was clearly specified in Conclusion and recommendations of the abovementioned OSCE Assessment Team of 29.11.2002, which characterized situation brought about by the status of the Transdniestrian region as follows “poses a number of security risks related to the possibility of uncontrolled movement of weapons and smuggling in all its forms”.

 

Smuggling from Transdniestria:myths and reality

4.1      Expert’s conclusions

One of the core reasons to decide upon launching EU Border Assistance Mission to Moldova and Ukraine were the allegations of smuggling of drugs and weapon from Transdniestria threatening to European security.

Running ahead it makes sense to refer to two documents. The first is the Protocol on Results of Visit to Industrial Enterprises of Transdniestria by Joint Experts Group fromUkraine and the Russian Federation of 09.02.2006.  The document was signed by the Deputy Secretary of the national security and defense of Ukraine S.I. Pirozhkov and the Deputy Secretary of the security Council of the Russian Federation Y.A.Zubakov. The group was also comprised of representatives from the Ministry of Industry and Politics, experts from the Main Agency of Missiles and Artillery of the Ministry of Defense of the Russian Federation, Federal Agency on Industry of Russia.

In accordance with the Protocol of 09.02.2006 the Joint Experts Group got acquainted with production organization in a number of enterprises of Tiraspol and Rybnitsa for the purpose to find out possible production of weapon and military equipment, and established that the signs of weapon and military equipment production had not been revealed. Available manufacturing equipment and technologies have been using for production of civil goods.^[19]

The second significant document was the EUBAM Annual Report 2005/2006. The European customs experts noted that on the basis of available information, EUBAM could not confirm the existence of significant weapons trafficking.^[20] While drug smuggling route passing through Northern Moldova continued to turn up a steady flow of drugs.^[21]

(Note: the Northern part of Moldavian-Ukrainian border doesn’t adjoin the Transdniestrian region).

Thus it has taken four years and European Union significant financial costs connected with the deployment of EU Border Assistance Mission to Moldova and Ukraine to destroy the myth of drug and weapon smuggling from Transdniestrian region, including the OSCE apprehension, presented in the aforementioned Report by Assessment Team of 29.11.2002.

 

4.2 Customs control at the Moldavian-Transdniestrian border

In order to understand problematics connected with allegations relating to smuggling from Transdniestria, three points should be emphasized:

–    geographical (regional);

–    legal;

–    organizational-technical (a set of technical and legal measures taken by Moldova and Ukraine related to establishment of control over export/import transactions at Moldavian-Transdniestrian and Ukrainian-Transdniestrian borders).

Situated to the East of the Republic of Moldova between the Dniester River and Ukraine, Transdniestrian Moldavian Republic occupies the territory of 4163 square kilometers with the total border length of 816 km and a population of 555 000 inhabitants.^[22] The Moldavian-Ukrainian border joins on the North and on the South from TMR; Transdniestria has no common borders with third states.

Transdniestrian Moldavian Republic borders the Republic of Moldova on the West, and Ukraine – on the East, so it is situated in a compact ring under control of Moldavian and Ukrainian customs and border guard services, and from January 2006 – under control of EU customs and border guard services in the framework of work of the European Union Monitoring Mission on border assistance to Moldova and Ukraine.

All cargo traffic destined for Transdniestria as well as exportation, movement of natural persons across the border of the region (before the change of customs regime of customs activity in Transdniestrian Moldavian Republic) pass through the customs and border control at Transdniestrian-Ukrainian border and Transdniestrian-Moldavian border respectively.

For researching purposes it should be underlined that the Republic of Moldova by Parliament Regulation “On measures of implementation the Budget Act of 1999” №217-XIV of 12.12.2008, separated (in respect of customs activity) the customs territory of Transdniestria from the rest of the Republic of Moldova. The Government of the Republic of Moldova had to create till 1 February 1999 the second line of customs control inside the country.^[23] Under the second line of control was understood the line along the perimeter of the Transdniestrian border.

With a view to fulfill the aforementioned act, Moldavian Parliament Regulation №362 of 28.04.1999 “On joint inland fiscal control posts” prescribed to the Department for Customs Control and the Ministry of Finance of the Republic of Moldova to create joint inland fiscal control posts.^[24] The posts would have to operate continuously along the whole border with Transdniestrian region and to demand payment of VAT and excise duty from Transdniestrian economic operators.^[25]

Regulation on joint inland fiscal control posts was approved by Ministry of Finance and Ministry of Internal Affairs of the Republic of Moldova in August 2000.^[26]

New control mechanism making an impact on regime of customs activity of Transdniestria at Moldavian-Transdniestrian border, provided establishment of two kinds of posts: stationary and mobile ones. The first was the group of officials located in equipped places for perfomance of their duties, the second one was the offiicials provided with special equipment and transport to move within a radius of controlled sector.^[27] The groups were comprised of representatives from Department for Customs Control, Ministry of Internal Affairs, territorial Fiscal Inspection of the Republic of Moldova.

It is significant that stationary and mobile posts dislocated along the Transdniestrian border performed the functions of exercising customs control, collection of customs payments and taxes, organization and carrying out checks of personal and vehicle documents, goods accompanying documents and etc., when purchasing and sailing goods or services.

At the same time Moldavian customs officers and officials from authorities of internal affairs of the Republic of Moldova were empowered to conduct joint operations with specialized units to fight against smuggling of weapon, ammunition and currency on the Transdniestrian segment of Moldavian border. ^[28] The officials of the post would have to carry out patrol and guarding of all access ways bypassing the posts of controlled line at the border with Transdniestria and the routes in control zone as well as at the points of crossing the line and control zone.

With reference to legal status of inland posts the Republic of Moldova determined that the procedures of document clearance and customs control over export-import transactions fulfilled with foreign countries by Transdniestrian economic operators crossing the zones of inland posts, were analogous to activity of customs checkpoints.^[29] In accordance with legislation of the Republic of Moldova, in case of revealing the facts of smuggling and customs offences vehicles with cargo were escorted to the internal customs house for drawing up protocols and decision making on goods detained.

The technology of control exercised by the Republic of Moldova over export-import transactions of Transdniestrian Moldavian Republic at the border with Moldova provided transportation of goods destined for CIS countries through joint inland fiscal control posts with advanced customs clearance performed in internal customs houses of the Republic of Moldova and producing the copy of goods declaration at these posts. Thus, all import, export and transit operations through the territory of Transdniestria were controlled by the Moldavian side on moving goods across the Moldavian-Transdniestrian border.

Analyzing materials relating to organization of control by the Republic of Moldova over all export-import transactions of Transdniestria it is necessary to mention Instruction of the Director General of the Department for Customs Control of the Republic of Moldova №254-0 of 20.10.2002 to the chiefs of customs houses (including those bordering Transdniestria) which prescribed to take all necessary measures to prevent illegal transportation of goods through inland joint fiscal posts at the border with Transdniestria, as well as to inform weekly the Department for Customs Control of the Republic of Moldova on the volume of goods imported through these posts and on the amount of collected customs duties.^[30]

It is notable the other fact — joint work of customs escort groups of the State Customs Committee of Transdniestrian Moldavian Republic and the Department for Customs Control of the Republic of Moldova.

The technology of joint customs control exercised by Transdniestria and Moldova over cargo transit through the territory of Transdniestrian Moldavian Republic was no different from cargo delivery procedure under customs control in the CIS area. For instance, goods directed from the Port of Odessa (Ukraine) to economic operator in Kishinev (the Republic of Moldova) while passing through the territory of Transdniestria were escorted under customs control by customs escort group of the State Customs Committee of TMR to the border with Moldova where transmitted to the escort group of the Department for Customs Control of the Republic of Moldova. Officers of Customs Services of Transdniestria and the Republic of Moldova recorded transmission of goods from one side to the other in a register book. They affixed their personal numbered seals to certify the fact of goods transmission from Customs Service of Transdniestria to Customs Service of the Republic of Moldova.

This procedure was performed in the reverse sequence, for example, when the cargo directed from Romania through the territory of the Republic of Moldova to economic operator in Transdniestria. Legal relationship concerning goods escort under customs control and their transmission from one side to the other were regulated by agreements achieved at the level of work groups of the Customs Services of Transdniestria and Moldova^[31] and departmental regulations of the sides.^[32]

With a view to fight against smuggling and customs offences the procedure of export/import information exchange was carried out between Customs Services of Transdniestria and the Republic of Moldova. The letter from the Director General of the Department for Customs Control of the Republic of Moldova to the State Customs Committe of Transdniestria №5938 of 13.11.2001 specified that for the purposes of customs control over goods delivery to customs offices of destination of the Republic of Moldova it should be indicated the information on goods imported by economic operators of Transdniestria within the period from 16 July till 15 October 2001.^[33]

This process had a systematic character, mutual data exchange for customs purposes was carried out on a continuing basis. For example, the letter of the Department for Customs Control of the Republic of Moldova of 01.04.2002 to the State Customs Committe of Transdniestria contained the information on cargoes destined for Transdniestrian economic operators within the period from 15.10.2001 to 21.12.2001. It should be borne in mind that since 1992 to present day joint Peacekeeping forces has been working on the territory of Transdniestria consisting of representatives of armed forces of the Russian Federation, Transdniestria and the Republic of Moldova. Besides, trilateral block posts of military contingents located along the perimeter of the Transdniestrian border also ensured security regime as the additional control line on the way of moving goods and natural persons.^[34]

In order to affirm the fact that the process of data exchange between Customs Services of the Republic of Moldova and Transdniestria was mutual and permanent, we’ll give as an example some letters of the State Customs Committee of Transdniestria.

In pursuance of the paragraph 7 of the Protocol Decision on Settlement of Problems Arisen in Activity of Customs Services of the Republic of Moldova and Transdniestria of 07.02.1996 the State Customs Committee addressed to the Department for Customs Control of the Republic of Moldova information relating to cargoes (registers) followed from far foreign and CIS countries to the Republic of Moldova and transit through the territory of Transdniestrian Moldavian Republic within the periods from 16.01.2002 till 28.02.2002 (the Letter of the State Customs Committee of 13.03.2002 №06-9/801), from 01.03.2002 till 15.03.2002 (the Letter of the State Customs Committee of 20.03.2002 №06-9/889), from 16.03.2002 till 31.03.2002 (the Letter of the State Customs Committee of 05.04.2002 №06-9/1099).

It should be noted that for the purposes of implementation of the achieved Moldavian-Transdniestrian agreements in customs area and struggle against smuggling and customs offences Customs Services of the Republic of Moldova and Transdniestria have carried out operational cooperation on continuing basis in with regard to ensuring economic security of both states. The Department for Customs Control of the Republic of Moldova and the State Customs Committee of Transdniestria mutually assisted each other in investigating cases of customs offences and smuggling.

Moreover the State Customs Committee of Transdniestria rendered legal aid to the Ministry of Internal Affairs of the Republic of Moldova concerning struggle against economic offences. For instance, on 24.09.2002 the Department for interregional, financial and information crimes of Police Inspectorate of Chisinau municipality of the Ministry of Internal Affairs of Moldova requested information from the State Customs Committee of Transdniestria relating to a vehicle crossed the customs border between Transdniestria and the Republic of Moldova and transported 10 tones of sugar for economic operator of Moldova. The request was satisfied.

In the context of the presented empiric information it should be emphasized that allegations of Moldavian administration concerning uncontrolled movement of goods across the customs territory of Transdniestria do not correspond with reality. In spite of the good level of cooperation between the State Customs Committee of Transdniestria and the Department for Customs Control of the Republic of Moldova the political administration of Moldova provided misrepresented information concerning Transdniestria to the European Union and CIS countries, having artificially created the image of Transdniestria as a “black hole of Europe”.

For purposes of analysis it should be additionally noted that in the territory of Transdniestria from 1992 till the present days joint peacekeeping forces comprising representatives of armed forces of the Russian Federation, Transdniestria and the Republic of Moldova have been operating. ^[35] Along the perimeter of Moldavian-Transdniestrian border trilateral block posts of military contingents also ensure security regime being an additional control line on the way of movement of goods and natural persons.

Summarizing the aforesaid, it is necessary to emphasize the following points:

in 1999 the Republic of Moldova separated the customs territory of Transdniestria from the customs territory of the Republic of Moldova having established the line of customs and fiscal control along the border with Transdniestria;

Moldavian side set up the posts along the border with Transdniestria with the status corresponded to border and customs checkpoints of the Republic of Moldova at the external borders of Moldova;

all goods, vehicles and natural persons, crossing the Transdniestria-Moldavian border were subject to customs and border control performed by authorized bodies of the Republic of Moldova;

Moldavian customs officers at the posts along the perimeter of Transdniestrian border started to perform customs clearance and customs control over Transdniestrian cargoes (exported) and collected VAT and excise duties on these cargoes;

Transdniestrian cargoes were regarded by Moldavian side as foreign ones, thus, because of payment VAT and excise duties they became noncompetitive in Moldavian market;

following the establishment of customs and fiscal posts along the whole Transdniestrian border, groundless accusations against Transdniestria of uncontrolled situation at the border and smuggling were declined.

 

4.3      The Ukrainian vector

As mentioned above, Transdniestria borders Ukraine on the East, the eastern border coincides with the borderline determined by Agreement between the Government of Ukraine and the Government of the Republic of Moldova on Moldavian-Ukrainian state border checkpoints and simplified admission procedure for border area residents of 11.03.1997.

The Agreement specified categories of border crossing points including those at Moldavian-Ukrainian border, through which natural persons, vehicles, goods and cargoes from any state including possessed only by citizens of Moldova and Ukraine moved; it also concerns border area residents-citizens of Ukraine and Moldova passed under simplified procedure. ^[36]

The Law of Ukraine “On the State Border” clearly determines that crossing of the state border is carried out through the state border crossing points in accordance with the established procedure.^[37] With a view to adopt single approaches to the checkpoint operation procedure at the state border of Ukraine as well as control operations sequence and content, admission procedure for natural persons, vehicles, cargoes and other properties, the State Customs Service of Ukraine, the State Committee for State Border Guarding and the Ministry of Transport approved 05.03.2001 the Typical technological scheme for admission of natural persons, vehicles, cargoes and other properties.^[38]

Under this typical scheme valid on the Transdniestrian segment of Moldavian-Ukrainian border, the admission of natural persons, vehicles, cargoes and other properties across the state border of Ukraine was carried out following the performance of border and customs control. ^[39]

In other words, legislation of Ukraine designated border crossing points at the border with Transdniestria and eliminated uncontrolled movement of goods and vehicles across the customs border of Ukraine. The physical presence of customs and border guard officers at border crossing points along the whole perimeter of the Transdniestrian border and performance of their duties prescribed by law ensured customs clearance and customs control over all Transdniestrian cargoes originated from the territory of Transdnistrian region.

Thus, the problem of uncontrolled movement of goods from the territory of Transdniestria and so-called smuggling of drug and weapon threatening to European security can not be even mentioned.

Taking into account the geographical factor and the importance of establishing fruitful cooperation with Ukrainian counterparts, the State Customs Committee of Transdniestrian Moldavian Republic held meetings and concluded agreements covering different directions of cooperation with Customs Service of Ukraine. Both sides had no doubts concerning the need for such cooperation.

Nobody focused attention on the issues related international legal personality and unrecognized status of Transdniestrian side at the bargaining table. All sides understood that cooperation was necessary and collaboration in such areas as organization of appropriate customs control, counteracting smuggling and customs offences is actual to present day.

Cooperation between Transdniestrian and Ukrainian Customs Services was carried out at the level of Customs administrations and at the regional level – between customs houses.

Protocol of the meeting held 18.06.1997 between the State Customs Committee of Transdniestrian Moldavian Republic and the State Customs Service of Ukraine on the issues of counteracting smuggling and organization of customs control may be given as an example.

From the Administrative Apparatus of the State Customs Service of Ukraine the head of the Department on struggle against smuggling and customs offences, the head of the Department on organization of customs control, the head of Chernomorskaya regional customs house were present. In the course of the meeting Transdniestrian and Ukrainian customs officers discussed problematics relating to activities of Customs Services of Ukraine and Transdniestria, ways to solve the issues concerning cooperation between Customs Services.

Transdniestrian and Ukrainian sides have elaborated a set of proposals concerning the following matters:

– mutual recognition of customs stamps and customs seals used by Transdniestrian and Ukrainian Customs Services;

– mutual information exchange on means of customs identification that went out of use in order to eliminate movement of goods accompanied by false documents;

– elaboration and introduction of mechanism for operational cooperation between departments on struggle against smuggling and customs offences when revealing facts of illicit movement of goods across the customs border;

– joint elaboration and implementation of actions on tracing cargoes in transit through Ukraine destined to CIS countries and Baltic States from Transdniestria (including data comparison from register books at border crossing points) in order to eliminate the use by economic operators forged documents;

– organization of joint customs control to prevent waterway smuggling of goods at Transdniestrian-Ukrainian border;

– experience and information exchange on customs-related issues at the level of the State Customs Committee of Transdniestrian Moldavian Republic and the State Customs Service of Ukraine and at the level of customs houses.^[40]

Grounds for interdepartmental cooperation between Customs Services of Ukraine and Transdniestria was determined by agreements signed in the course of working meetings between representatives of customs authorities.

For instance, 27.05.1999 representatives of the State Customs Committee of Transdniestrian Moldavian Republic and administration of Chernomorskaya regional customs house of Ukraine met in Tiraspol to discuss such issues as elaboration of proposals on organization of joint actions of Transdniestrian and Ukrainian customs bodies at border crossing points, determination of joint procedure of transmission of cargoes and documents on them under customs escorting to Customs Services. Ukrainian and Transdniestrian counterparts considered the issues related to information exchange in the area of struggle against smuggling and customs offences.^[41]

For purposes of scientific research no less interesting are the empiric materials such as the Protocol of working meeting between the heads of Chernomorskaya regional customs house of Ukraine and the State Customs Committee of Transdniestria of 17.12.1999, and the Protocol of working meeting between representatives of Kotovsk customs house of Ukraine and representatives of Dubossary and Rybnitsa customs houses of Transdniestrian Moldavian Republic of 02.06.2000.

Analysis of these materials shows that officials of customs bodies of Ukraine and Transdniestrian Moldavian Republic were solving the issues of mutual exchange of information relating to movement of goods away from customs offices and elaboration of single approaches to organization of customs control at border crossing points.

Moreover Ukrainian and Transdniestrian sides were interested in problematics concerning joint elaboration and implementation of measures relating to cargo tracking moved through the territories of Ukraine and Transdniestrian Moldavian Republic, including performing verification of information on movement of goods across the border.^[42]

It should be noted that within the limits of the signed agreements between customs bodies of Ukraine and Transdniestrian Moldavian Republic for purposes to combat smuggling and customs offences the sides compared statistical data on cargoes transported to Transdniestria and Ukraine. They executed mutual requests on rendering legal assistance in criminal cases and cases related to customs offences.

In the context of the above said the Letter of the head of Razdelnaya customs house of the State Customs Service of Ukraine I.Kaletnik of 25.07.2002 addressed to the head of the State Customs Committee of Transdniestria is interesting, where in pursuance of the Protocol of working meeting between the heads of Razdelnaya customs house of the State Customs Service of Ukraine and Bendery and Tiraspol customs houses of the State Customs Committee of Transdniestria the chief of neighboring with Transdniestria customs house transmitted the information on cargoes moved across the customs border of Ukraine –Transdniestria in the customs procedure “Exportation” within the period from 05.04.2002 till 31.05.2002.^[43]

Thus, before the European Union Border Assistance Mission to Moldova and Ukraine was deployed in 2002:

– customs, border and migration control had been established along the whole perimeter of Transdniestrian region;

– Border Guard and Customs Services of Ukraine and the Republic of Moldova exercised complete control over export-import transactions of Transdniestria at Moldavian-Transdniestrian and Ukrainian-Transdniestrian border without any assistance in the framework of national legislations;

– allegations concerning uncontrolled Transdniestrian border, smuggling of weapon and drugs were declarative, not founded on facts and pursued the purposes of political character.

 

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