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Moldovan — Ukrainian customs procedures

On 3 March Ukraine started the implementation of the unified Moldovan-Ukrainian customs procedures following an agreement reached with the Moldovan side in late February regarding the mechanism of implementation of the Joint Statement of the Moldovan and Ukrainian Prime Ministers of 30 December. Thus, from 3 March the Ukrainian customs authorities allow through the Moldovan-Ukrainian border, including the Transnistrian segment, only goods accompanied by Moldovan official customs documents. The Moldovan authorities have introduced a number of facilities for the provisional registration of Transnistrian enterprises with the Moldovan State Registration Chamber, which also include issue of certificates that allow for preferential trade with Ukraine. Moreover, on 10 March the Moldovan Parliament passed a law whereby the Transnistrian economic agents undertaking import-export operations on the basis of Moldovan customs documents are to be reimbursed customs duties.

Saluted by the EU High Representative for Common Foreign and Security Policy, Javier Solana, the Moldovan-Ukrainian measures have been received with a lot of irritation in both Moscow and Transnistria. On 4 March, the Russian Foreign Ministry issued a statement which expressed concern regarding the “unannounced” imposition of measures aimed at “toughening” the transit regime of Transnistrian goods over the Moldovan-Ukrainian border. Under the pretext of restoring order at the border, Ukraine and Moldova exercise pressure on Transnistria to force it give up on issues related to the Transnistrian settlement, the communique said. On 6 March the Russian State Duma adopted the Statement “Regarding the breach by Ukraine of agreements regarding the Transnistrian settlement and the establishment of a total blockade against Transnistria”. Invoking the wellbeing of the 170,000 co-nationals residing in Transnistria, the Russian deputies expressed concern regarding the tense situation created as a result of the introduction of the unified Moldovan-Ukrainian customs procedures. The new measures are qualified as “repressive economic measures” towards Transnistria, intended to make it accept the unilateral Moldovan settlement plan. The Russian deputies request the suspension of the Moldovan- Ukrainian procedures and their revision. Both the Russian MID communique and the one of the State Duma make reference to the Moscow Memorandum of 1997 which establishes the right of Transnistrian to independent foreign economic activity. The Moldovan authorities have repeatedly specified that that right could only be exercised by Transnistria within the legal and constitutional framework of the Republic of Moldova, which is one of the objective of the recently introduced customs procedures.

The Transnistrian authorities have qualified the Moldovan-Ukrainian measures as economic blockade and have accused Ukraine of taking Moldova’s side in the conflict. The Transnistrian leader Igor Smirnov even threatened that Transnistria will pull out of the negotiations in response to the Moldovan-Ukrainian measures. On 10 March the region’s “minister of economy” stated that Transnistria suffered losses worth 20,2 million dollars as a result of the “economic blockade” instituted by Ukraine. These would be due in the first place to the halt of activity of 10 Transnistrian enterprises, the main payers to the region’s budget, and the cuts in the working time of about 20 enterprises to 3–4 days per week. In the region are being organised protest meetings by the so-called patriotic public organisations, including the youth corporation “Proriv” (Breakthrough) created by the region’s security structures. On 7 March the break away leader Igor Smirnov issued a decree which bans foreign funding of non-governmental organisations from the region invoking the need to “ensure state security and avoid destabilisation of the political situation in Transnistria”. Transnistrian and Russian media reported increases in the consumption goods prices and have warned with regard to other possible devastating humanitarian consequences of Ukraine’s actions on the region.

At the same time, the Ukrainian border guards’ authorities stated that they did not create any problems for the transit of Transnistrian goods through the Moldovan-Ukrainian border. “The problems and vehicles queues at the border check points are created artificially and unilaterally by the Transnistrian side”, Ukrainian border authorities said. These statements were confirmed by Ukraine’s Special Representative at the settlement talks, Dmitri Tkaci, who said on 10 March in Odessa that “Transnistria is organising a self-blockade and self-isolation”. “I have visited the check points on the Transnistrian segment of the border. I can confidently say that there is no blockade. On the contrary, Transnistria blocks itself the transports that head for the region.”, stated Tkaci giving the example of 10 trucks with chicken fillets belonging to the Scheriff Firm which were allowed through the border by the Ukrainian customs but then stopped by the Transnistrian customs. “We can speak today of a self-blockade. Transnistria wants in this way to break all agreements, create hysteria around the so-called blockade. Thus, the Tiraspol administration puts pressure on Kiev”, the Ukrainian official added. The Ukrainian President Victor Yushcenko stated on 11 March that Ukraine’s position on the situation on the Transnistrian segment of the Moldovan-Ukrainian border is in full compliance with international norms and the settlement plan accepted both by Moldova and Transnistrian authorities. Yushcenko stated that in the near future he will discuss the situation with the Transnistrian side in Kiev. Also, Yushcenko stated that Ukraine will be settling all trade and economic issues with Moldova on the basis of the recognition of the territorial integrity, independence and sovereignty of Moldova and on the basis of existing international norms. According to the Ukrainian President, the customs procedures at the Moldovan-Ukrainian border have been introduced in order to ensure transparency at the border, and the EU Border Assistance Mission sees that the new procedures meet international practice.

Negotiations in the “5+2” format

The negotiations round in the “5+2” format of 27–28 February was interrupted on 28 February after the Moldovan delegation left unexpectedly the negotiations. After several hours, the Moldovan delegation published a communique in which it expressed concern at the lack of progress on the issue of ensuring the free circulation of persons and goods in the security zone and encouraged the participants in the talks to concentrate on the resolution of this problem, given the nearing of spring agricultural works. On the same day the Transnistrian self-proclaimed leader Igor Smirnov issued a disposition regarding the use of agricultural plots in the Dubasari district, which provides that the cultivation of the said land and the transportation of harvest from it by farmers and economic agents from the villages under Moldovan jurisdiction will be done on the basis of certificates of “special preferential registration of the rights of using the agricultural plots”. This registration will be done on the basis of lease contracts to be concluded with the Transnistrian authorities, whereas the harvest that will transported from these lands will be subject to customs duties according to “Transnistrian legislation”.

The only document signed at the negotiations round has been a joint statement of the mediators and observers in which these expressed regret at the disruption of the talks, but reaffirmed readiness to continue contacts and consultations with a view to continuing the negotiations process in the “5+2” format. Media outlets in Chisinau reported that the next round of talks will take place on 4–5 April, but these dates were not been officially confirmed by any of the participants in the negotiations.

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