Strengthening Civil Society Monitoring Capacity in Moldova
Quarterly Progress Report for the Custom System
Organization
Project Title
Project Period
Reporting Quarter
Report prepared
by
Contact
Information
Pro Marshall Center of the Republic of Moldova
Preventing and Combating Corruption in the Custom System and Police
Bodies
Start: December 15, 2007
Completion: February 15, 2009
From: October 1, 2008
To: December 31, 2008
Busuncian Tatiana
Tel/fax: +373 22 245 140, mob:+ 373 69067969
[email protected]
[email protected]
This Quarterly Monitoring Report Template is made in accordance with the AED rules and regulations,
so that all the quarterly reporting of the grantees corresponds to a unique set of criteria, both as structure
of presenting the information and as content. The use of the unique methodology to calculate the
indicators will ensure comparability of results at the national scale, among different domains of activity,
as well as at the international level.
This Quarterly Monitoring Report Template is made in accordance with the AED rules and regulations,
so that all the quarterly reporting of the grantees corresponds to a unique set of criteria, both as structure
of presenting the information and as content. The use of the unique methodology to calculate the
indicators will ensure comparability of results at the national scale, among different domains of activity,
as well as at the international level.
The report has two parts:
The first part consists in monitoring of the Public Institutions performance and efforts in combating
corruption, and more exactly in monitoring the implementation of the specific measures envisioned in
the Threshold Country Plan and in the Government Decision No.32/2007.
The second part consists in the self-monitoring your project performance (the civil society capacity to
monitor corruption) in conformity with your project monitoring and evaluation scheme, and in
accordance with the SCSMCM Programme Objectives.
Table 1. Current Status of TCP Deliverables
TCP objective
correlative
Deadline of the
to the GD 32
implementation
Current status and status description
(monitoring of TCP
(for the activities
objectives through the
envisioned in the
activities envisioned in
Gov. Dec. 32)
the Gov. Dec. 32)
I. Raising the integrity of personnel of the Customs Service
Setting up, control and
implementation of new
standards of staff
employment (I-1)
31.10.2008
Setting up a new
system of evaluation
and attestation of staff
(I-2)
31.12.2008
Familiarizing the staff
of the Internal Security
Division with regard to
the probity
investigation methods
and techniques (I-3)
30.06.2008
Monitoring customs
officers’ professional
correspondence with
job position, being
based on the respect of
confidentiality
(I-4)
Development of
procedures and
techniques for
assessment of staff
integrity and
compliance with the
Code of Ethics for
customs officer
(I-5)
01.04.2008
30.10.2008
1. Status: completed
2. Description:
During the 4th quarter, two
competition-based recruitments took place. In order to
fill the vacant positions, 82 persons participated at the
recruitment, out of which 9 were hired. 6 persons
selected according to the second competition-based
recruitment, currently are passing through the last
recruitment stage (verification by the Internal Security
Division), in order to be hired.
1. Status: completed
2.Description: During the 4th quarter, on the base of
the new testing and evaluation system of the personnel
(revised in the 3rd quarter), 34 CS collaborators were
tested: 27 - passed the examination; 5 - were admitted
based on the second testing that requires 2 months
additional preparation; 2 collaborators - did not pass
the examination. At the same time. On 26.12.2008, the
deputy-chiefs of custom bureaus were tested: 10
persons, only 2 did not pass the examination.
1. Status: completed
2. Description: Though, the implementation deadline
expired, it is worthwhile to mention that 4 CS
collaborators of the Internal Security Division
participated at the Seminar on combating corruption in
personnel, including for the senior officers, organized
by EUBAM on 02-03.10.2008.
1. Status : completed
2. Description: The information regarding the activity
implementation is described in the 2nd quarterly
progress report of the Pro Marshall Center.
1. Status: completed
2. Description: Integrity evaluation procedures and
techniques regarding the respect of the Code of ethics
were elaborated. In the 1st quarter, Committees of
Conduct were created in the custom bureau. The
committees are responsible for the monitoring of the
integrity evaluation procedures and techniques
regarding the respect of the Code of ethics.
Setting up tools for
monitoring customs
officers’ adherence to
the newly designed and
implemented
administrative ethics
and integrity standards
(I-6)
Intensifying activities
of prevention and
combating corruption
and protectionism by
providing timely
response
(I-7)
31.10.2008
Equipping Internal
Security Section with
special communication
means, equipment for
the registration of
images and sounds,
detection, and night
surveillance equipment
(I-8)
Analysis of data
collected through trust
telephone line and
providing adequate
response in view of
verification of
information
(I-9)
31.12.2008
30.04.2008
1. Status: completed
2. Description: During the reporting period, 5
telephone calls were received, out of which 3 calls are
concerning the corrupt behavior of the CS
collaborators and 2 with regard to the collaborators’
conduct.
Elaboration of internal
rules for regulating
30.06.2008
1. Status: completed
2. Description: The information regarding the activity
30.10.2008
1. Status: completed
2. Description: According to the instructions
regarding the regulation of the testing system of the
CS collaborators, during the 4th quarter, at the Briceni
custom bureau, was identified one case concerning the
violation of the Code of Ethics. According to the Order
no.1002-p of 04.12.2008, the person that violated the
code was disciplinary sanctioned.
1. Status: completed
2. Description:
In order to encourage the active
participation of the CS collaborators in combating
smuggling, custom frauds, protectionism cases and
corruption, the Special Committee for examining the
financial incentive of the custom inspectors including
senior officers (that detect corruption acts) was
created. The total value of the financial incentive, for
one CS collaborators, is in the value of 15 000 MDL.
For the detection of cases that show a high degree of
social and economical discrepancy, the CS provides
financial incentive in the value of 30 000 MDL, not
more than 50 % from the value of the returned
prejudice. During the reporting period, the Internal
Security Division:
- sent 2 cases for the examination, in conformity with
the provisions of the art. 274 of the Penal Code of the
RM (criminal investigation started at the National
Anticorruption Prosecutor's Office and Custom Fraud
Division of the Custom Service);
- 20 investigations were performed.
Resulting from the organized activities, 51 disciplinary
sanctions were applied, 14 collaborators were fired for
corruption acts.
1. Status: partially completed
2. Description: In the 4th quarter, from the budget of
the CS, the Internal Security Division was technically
equipped with:
- 1 video camera;
- 2 photo cameras;
- 1 audio recording equipment.
operative investigations
into cases of corruption
in accordance with
current legislative and
normative framework
(I-10)
Setting
up
an
independent board to
monitor
cases
of
corruption at border
crossing points (I-11)
implementation is described in the 1st and 2nd quarterly
progress report of the Pro Marshall Center.
31.12.2008
1. Status: completed
2. Description: In the 2nd quarter, the Independent
Monitoring Board for Monitoring Activities for
Preventing and Combating Corruption within the
Custom System was created. The board was active
during the period of the 3rd quarter (7 meetings were
organized). During the 4th quarter the last meeting of the
Board took place.
1. Status: completed (ongoing)
Implementation of the
Permanent
2. Description: During the period of the 4th quarter, in
Code of Ethics and of
order to study the Code of ethics stipulations, 372
the program for the
collaborators were trained, out of which 69
rotation of personnel
collaborators are newly hired. The duration of the
(I-12)
study course on the conduct norms is 42 hours. The CS
updated the Code of ethics of the custom collaborator.
On 25.12.2008, the draft on the Code of Conduct of
the custom collaborator was issued for the government
examination and approval. As concern the personnel
rotation program, CS took into consideration the
recommendations of the Pro Marshall Center, and
prolonged the duration of the personnel rotation
program from 1 month to 2 months (Order no.926 of
28.11.2008).
II. Simplification of customs procedures and development of processing capacity
Conducting a
31.12.2007
1. Status: completed
2. Description: The information regarding the activity
feasibility study for the
implementation is described in the 1st and 2nd quarterly
evaluation of
progress report of the Pro Marshall Center.
Moldova’s capacity to
implement New
Computerized Transit
System(NCTS)
(II-13)
Adjustment of the
transit module T1 to
standards of NCTS
(II-14)
15.03.2009
1. Status: ongoing
2. Description: In the 4th quarter, the modification of
the regulation in comparison with the previous quarter
was not identified.
Implementation of New
Computerized Transit
System (NCTS) at pilot
points
(II-15)
31.03.2009
1. Status: ongoing
2. Description: In the 4th quarter, the modification of
the regulation in comparison with the previous quarter
was not identified.
Implementing
the
international
information NCTS on
the territory of the
Republic of Moldova
(II-16)
30.04.2009
1. Status: ongoing
2. Description: In the 4th quarter, the modification of
the regulation in comparison with the previous quarter
was not identified.
Training business
people in systems
development
(II-17)
Quarterly
Development and
implementation of
analysis management,
after post-audit and
control based on
selectivity
(II-18)
01.07.2008
1. Status: completed (ongoing)
2. Description: The training methods for the economic
agents in the development of the system are as in the
previous quarters :
- “Vama” periodical;
- CS website;
- the electronic E-channel;
- the meetings of the Consultative Committees
associated to the custom bureaus.
1. Status: completed (ongoing)
2.Description: In the previous quarter, the Risk
Management Section was created, it includes:
1. Analysis and risk detection sector;
2. Information and Intelligence sector;
In order to develop this section permanently, according
to the CS Order no.387-d of 31.10.2008, the Risk
Management Division contracted the „Vamtehinform”
(state enterprise) for the creation of the „Fraud”
database. At the same time, the CS Disposition no. 104/8912
of
23.12.08,
proposed
additional
recommendation to „ Vamtehinform” regarding the
information that will be included in the above
mentioned database. The deadline for this modification
is on 09.02.2009.
During the period of 8-12 December 2008, at the
Training Center of the Custom Collaborators, the postcustom audit consultations took place. The
consultations were facilitated by the experts of the
Custom and Financial Guard of the Hungary. The
main goal was the presentation of the Post-custom
audit Guide of the Hungary, which was elaborated in
accordance with the European standards.
Improving the
application of “single
window” principle
(II-19)
31.03.2009
1. Status: ongoing
2.Description: In the context of the “single window”
principle application:
- on the website of the CS (www.customs.gov.md) was
created a special heading „ghişeul unic/single
window”, that contains information concerning the
normative framework; reports on the implementation
of the Single Window; action-plan (17.03.2008) for
the single window implementation of at the custom
points (for vehicles); the list of the custom points (for
vehicles) that permit the crossing of goods controlled
sanitary-veterinary and phytosanitary; the classified
list of the goods phytosanitary tested ; the classified
list of the goods sanitary-veterinary tested.
- On 23.10.2008, the Law on the adherence of the
Republic of Moldova to the International Convention
on the Harmonization of Frontier Controls of goods,
adopted at Geneva on 21.10.1982;
- On 06.12.2008, at the custom points, 2 inspectors
responsible for veterinary were dismissed, and their
attributions were transferred to the CS.
In order to ensure the veterinary and phytosanitary
control, the common CS Order no. 202/68/372-0 of
17.10.2008
(Sanitary-Veterinary
Agency
and
Inspectorate for Phytosanitary quarantine) was
elaborated.
According to the Gov. Dec. no.1073 of 19.09.2008 on
the Optimization of border crossing of the goods and
passenger transport, 8 custom bureaus will perform
the attributions of the Sanitary-Veterinary Agency
(Sculeni,
Leuşeni-Albiţa,
Giurgiuleşti-Galaţi,
Giurgiuleşti-Reni, Tudora - Starokazacie, OtaciMoghiliov-Podolsk,
Briceni-Rosoşeni,
CrivaMamaliga.
In order to improve the application of the “single
window” principle, beginning with the April 2008, the
Informational Program „UNIPASS” was elaborated
and implemented at all Custom Stations. The Program
ensures the automatic evidence of the vehicles that
cross the border as well as the calculation of the road
taxes (established according to the legislation). In
accordance with the CS order. 482-o of 31.12.2008,
beginning with 5 January 2008, the Informational
System „Frontiera” was implemented at all custom
stations of the Republic of Moldova. This
informational system represents the updated and
modern version of the „UNIPASS” program.
The CS and the ”Vamtehinform” state enterprise are
collaborating in order to ensure the data automatic
exchange between the control authorities and
implementation of the electronic processing system of
documents.
Source: (www.customs.md)
1. Status: ongoing
2. Description: In November 2008, 2 CS collaborators
participated at the seminar on the Integration at the
border of the Guard and Custom Security services,
event organized by EUBAM (Odessa).
Improving General
31.03.2009
Plan, operations of
border management,
reducing the number of
officers at border
crossing points
(II-20)
III. Improvement of indicators for encouraging entrepreneurs to meet
Customs guidelines and application of appropriate measures for non-conformity
in order to prevent smuggling, tax evasion and other forms of border crossing crimes
1. Status: completed (ongoing)
Organization of round
Monthly
tables and joint
meeting with
entrepreneurs in view
of establishing ways of
efficient collaboration
and correspondence
parameters for
ensuring high degree of
credibility
(III-21)
Improve indicators
within the Section of
Risk Analysis and PostAudit
(III-22)
2.Description:
During the reporting period, took
place meeting with the participation of:
- economic agents, regarding the negotiation of the
Memorandum of Agreement;
- private sector representatives, regarding the
evaluation of the Memorandum of Agreement
implementation.
Quarterly
Improving the dialogue
with representatives of
business community in
view of identifying and
eliminating cases of
unfair competition
(III-23)
Monthly
Facilitating the access
to information
referring to new
procedures and rules
contained in „Vama”
periodical
(III-24)
Permanent
1. Status: completed (ongoing)
2. Description: The Risk Analysis Section implicated
24 persons in the improvement process of the risk
analysis indicators, elaboration and facilitation of the
selection system introduction (180 indicators for
national criteria and 80 for local criteria). The quality
of these indicators will decrease the risk level.
In the 4th quarter, the national budget of the CS is 3.5
mil. MDL.
The Post-Custom Audit Section performed 93 controls
of the economic agents, where 30 violations were
identified. The other investigated cases relate to the
undeclared goods in the amount of 12328,032
thousand MDL. The increase/decrease of the custom
goods value at the border is 6583,462 thousand MDL,
the custom obligations (recalculated) constitute
6564,052 thousand MDL (penalties - 1690,818
thousand MDL, custom fine for delays - 190,044
thousand MDL)
Custom obligations -2108,58 thousand MDL (includes
the penalties - 277,704 thousand MDL; custom fine for
delays - 171,052 thousand MDL).
1. Status: completed (ongoing)
2. Description: Up to the present, CS have signed 2
Memoranda of Agreement, in order to consolidate the
activities in combating of tobacco smuggling, as well
as protection of the intellectual property rights of the
business enterprises participating in the agreement (4).
The business enterprises are working in the field of
taboo production and vehicles. Therefore, 2
memoranda were singed in the 4th quarter, with:
1. SRL „Auto space” – 20.10. 2008
2. „British American Tobacco Moldova” Ltd.–
11.11. 2008
3 agreements are in the negotiation process.
1. Status: completed (ongoing)
2.Description: In the “Vama” periodical no. 5(6),
during the period of September-October 2008, the
following were published:
- Chief’s report of the Internal Security Division
regarding the working activity of the division;
- report concerning the “Single window” principle, the
Ensuring transparency
of Customs Service
officers by increasing
public awareness
through various media
sources about policies
regarding customs
development, strategies
and policies for
economic growth
(III-25)
Monthly
legislation that regulates functioning and informational
activities were published; the international practice in
the above mentioned field;
- interview with the chief of the Custom Procedure
Division - Vladislav Şveţ;
- presentation concerning the value determination of
the goods at the custom, on the base of the leasing
contracts;
- international agreements for a temporary admittance
at the customs;
- modifications in the normative and legislative acts,
that the CS passed to the attention of the Government.
In the “Vama” periodical no.6(7), during the period of
November-December 2008, the following were
published:
- The Institutional Development Plan of the
Custom Service for 2009-2011;
- Interview with the General Director of the CS,
Viorel Melnic that concluded the preliminary
results of the CS for 2008.
- The sequel of the article on the Convention
regarding the temporary admittance according
to the ATA system. In the beginning of the
December, the Parliament adopted the Law on
the adherence of the Republic of Moldova to
the above-mentioned convention.
- Presentation regarding the project on the
Procedural Code of the CS, approved by the
Government on 10.12.2008. Additionally, the
article regarding the Integrated Custom Tariff
of the Republic of Moldova is included.
- Law on 2009 State Budget;
- Information regarding the Memorandum of
agreement between the custom authorities and
private sector.
The total number of printed copies („Vama
periodical”) is 1500 (published once per 2 months)
1. Status: completed (ongoing)
2.Description: The transparency of the CS activity is
ensure through the following instruments:
- CS website;
- the electronic E-channel;
- “Vama” periodical;
- informative panels at the custom bureaus and General
Directorate of the Custom Service (presented in the
state language, Russian and English);
- common informative reports of the EUBAM mission,
Custom Service and the Border Guard of the Republic
of Moldova and Ukraine.
In the 4th quarter, the following activities took place:
- 3 press-conferences with the participation of
the CS board, describing the combating of the
custom fraud;
The participation of the Internal Security
Division staff and the chief of the division at
the radio: „stop corupţia” Radio-post
„NOROC”.
1. Status: partially completed (deadline expired)
2. Description: During the monitoring period, CS
purchased the following equipment:
- 16 vehicles (for the Chinological Centre, detachable
teams and Central Directorate)
- 129 computers and 13 laptops.
-
Custom Service
equipping with
specialized detecting
equipment to
consolidate the total
control and supervision
capacities
(III- 26)
Training of
collaborators
(III-27)
01.07.2008
Quarterly
1. Status: completed (ongoing)
2.Description: The Training Center for the custom
collaborators, during the period 13.10.-14.11.2008,
organized the VII professional development course for
inspectors (interns of the CS). 35 interns participated
at the event that studied 50 topics in the field of
custom service. Eventually the interns were evaluated.
During the period of 4th quarter, 13 training courses
and 17 seminars were organized. The participants of
the above-mentioned events were 289 CS
collaborators.
Exchange
of
experience
and
consultation with the participation of foreign experts is
another type of training methods, applied by the CS.
Table 2. Indicator matrix: Impact of Anti-Corruption Policy
GD 32 large
objectives
Raising the integrity
of personnel of the
Customs Service
Hard data
Soft data
1.Indicators of corruption risk and drivers
Nr. of the telephonic calls received The opinion of the collaborators that
concerning the corrupt behavior is 5, took the survey carried out by the Pro
where:
Marshall Center:
- Regarding corruption – 3;
- Regarding the collaborators’
The corruption causes in CS:
conduct – 2.
- Low salary of the CS collaborators
91,6%;
The equipping of the Internal
- the possibility to obtain additional
Security Division:
profits - 27,4%;
- Nr. of the video cameras – 1; - the violation of the Code of ethics of
- Nr. of photo cameras – 2;
the custom collaborators - 20%2.
- Nr. of audio recording
equipment - 1
The efficiency level of the personnel
rotation program:
Inefficient – 43,9 % in comparison
with the 58% of the 3rd quarter.
2. Indicators of policy impact
- Nr. of the competition-based The opinion of the CS collaborators
recruitments – 2;
(that took the survey)
- Nr. of participants at the
competition- 82;
Measures for corruption prevention in
- Nr. of hired persons – 9;
CS:
- Nr. of persons that are in the - intensified– 66,3%
process of recruitment – 6.
- did not changed – 4,2%
- reduced – 21,1%
- no answer - 8,4%
- Nr. of collaborators that passed the
examination – 44:
- passed – 35;
- admitted based on the second
testing that requires 2 months
additional preparation – 5
- did not pass the examination - 4
The sufficiency of the measures for
corruption prevention in CS:
- sufficient – 69,5%
- not sufficient – 18,9%
- no answer – 11,6%
Recruitment methods in CS:
- competition-based recruitment - 93%
- Nr. of the trained collaborators on - through acquaintance – 5,3%
the Code of conduct – 372, out of - no answer – 2,7%
which newly hired collaborators –
69.
The difficulty level of the recruitment
2 Respondenţii au avut posibilitatea de a alege mai multe răspunsuri
- Nr. of the collaborators of the
Internal Security Division that
participated at the training seminars
(EUBAM) - 6
testing:
- very hard – 16,3%
- sufficiently hard – 34,9%
- hard – 20,9%
- not very hard – 16,3%
- Nr. of the materials sent for the - easy– 4,7%
examination
at
the
National - no answer – 7%
Anticorruption Prosecutor’s Office
and Custom Frauds Division – 2;
The informing concerning the
- Nr. of investigations relating to the periodical testing with regard to the
working activity of the custom Code of ethics:
officers - 20
- informed – 96,5%
- Nr. of the disciplinary sanctions - not informed – 3,5%
applied – 51
- Nr. of fired collaborators for
corruption acts - 14
The perception regarding the Internal
(source: CS)
Security Divsion:2
- contributes in preventing corruption
- Nr. of the deeds (in the procedure) acts – 31,6%
against CS collaborators at the - contributes in ensuring the security of
CCCEC - 16
the CS collaborators – 26,3%
- Nr. of the deeds against CS - contributes to the improvement of the
collaborators at the CCCEC – 3
corruption control in CS – 14,7%
- Nr. of the filed deeds against CS - reduces the personal interest of the
collaborators at the CCCEC – 5
CS collaborators in corruption acts –
(source: CCCEC of 16.12.2008)
14,7%
- insignificant in the prevention and
control of corruption – 4,2%
Nr. of deeds (in the procedure) at
the
National
Anticorruption
Prosecutor’s Office:
The technical equipping of the
- filed deed – 1
Internal Security Division would
- deed in procedure – 1
contribute to:2
- transparency of the CS activities Nr. of the investigations at the 52,6%
National Anticorruption Prosecutor’s - respect of the Code of ethics by the
Office:
CS collaborators – 36,8%
- Nr. of CS collaborators with - consolidation of the professional
criminal deeds - 3
development of the CS collaborators –
- Nr. of criminal deeds against CS 33,7%
collaborators – 3
- decrease of the corruption acts in CS
- Nr. of filed deeds – 5
– 32,6%
- Nr. of sanctioned persons – 1
- Nr. of deeds in procedure – 16
The efficiency level of the personnel
(source: National Anticorruption
rotation program:
2
Respondenţii au avut posibilitatea să aleagă până la 3 răspunsuri
Prosecutor’s Office of 22.12.2008)
Simplification of
customs procedures
and development of
processing capacity
- efficient– 49 %
- inefficient– 43,9 % in comparison
with 58% of the 3rd quarter
- no answer – 7%
1.Indicators of corruption risk and drivers
2. Indicators of policy impact
Nr. of the customs points that permit According to the opinion of the CS
border crossing of the goods tested Director expressed at the round table
sanitary–veterinary
and (organized by the Pro Marshall Center
phytosanitary - 8
on 19.11.2008), the implementation of
the “single window” principle is fully
completed at 2 custom stations: Sculeni
and Tudora.
The opinion of the economic agents
regarding the “single window”
principle shows that this service is
good but in order to provide more
qualitative
service,
permanent
improvement is required.
Improvement of
indicators for
encouraging
entrepreneurs to meet
Customs guidelines
and application of
appropriate measures
for non-conformity in
order to prevent
smuggling, tax
evasion and other
forms of border
crossing crimes
(chapter. III, p. 21,
22, 23, 24, 25, 27)
1.Indicators of corruption risk and drivers
The informing of the economic agents
about the „Vama” periodical:3
The economic agents did not know the
existance of such periodical.
Measures
contributing
in
the
prevention
and
combating
of
2
corruption in CS:
- salary increase of the CS
collaborators -52,6%
- technical specialized equipping of the
CS– 32,6%
- informative seminars – 16,8%
- training courses – 15,8%
- informing about the detected
corruption acts in CS - 13,7%
- organization of the anticorruption
campaigns - 8,4%
2. Indicators of policy impact
- Nr. of the CS collaborators (Risk The opinion of the CS collaborators
Analysis Sections) implicated in regarding the informing of the
the improvement of the indicators population with regard to the Code of
ethics of the custom collaborator:²
-24
- informative panels of the custom
- Nr. of national standards used in bureaus - 47,4%
- CS website – 46,3%
the selection system – 180
- Nr. of the local standards used in - „Vama” periodical – 32,6%
- brochures, folders– 31,6%
the selection system – 80
- The amount of the CS budget – The participation of the CS
collaborators
at
the
training
3,5 mil. MDL
seminars:
- Nr. of controls performed by the - 81,1% of respondents participated at
Post-custom Audit Section – 93, the trainings
- 16,8% of respondents did not
where:
- Nr. of controls that did not participated at the training
- no answer – 3,1% .
detected violations – 30
- The value of the undeclared goods Training utility:
(at the custom) – 12328,032 - useful – 49,4%
- not very useful- 32,5%
thousand MDL
- not useful – 3,9%
- no answer – 14,2%
- The amount of the value
increase/decrease (at the custom) The informing of the collaborators
– 6583,462 thousand MDL
regarding the TCP provisions for
Custom Service:
- are informed about the TCP provision
- The amount of the custom in CS – 75,4%
obligations
after
audit - are not informed about the TCP
recalculation - 6564,052 thousand provisions in CS – 24,6%
MDL, where:
- Fines -1690,818 thousand MDL
The perception of the collaborators
- Penalties for delays at the regarding the attitude/behavior of the
custom- - 190,044 thousand MDL economic agents:
- the changes of the attitude/behavior is
felt – 64,9%
- no changes of the attitude/behavior –
- Custom obligations (raised) - 31,6%
2108,58 thousand MDL, where:
- no answer – 3,5%
- penalties – 277,704 thousand
MDL
The nature of the changes concerning
- fines for delays at the custom - the attitude/behavior of the economic
171,052 thousand MDL
agents:
- positive – 89,2%
- Nr. of the memoranda of agreement - negative - 10,8%
signed between the CS and economic
agents – 2
- Nr. of the training courses – 13
- Nr. of the training seminars – 17
- Nr. of the training beneficiaries 289
The equipping of the CS:
- Nr. of vehicles - 16
- Nr. of computers - 129
- Nr. of laptops - 13
3. Incidence/pressure of corruption
CS
respondents / economic agents
I survey
II survey
Corruption victimization
Share of respondents that paid
unofficially to the representatives of the
state institutions during the last 12
months (% of the respondents that
contacted the institution)
13,4%
14,5%
CS
respondents / economic agents
Pressure of corruption
Share of respondents that were forced
to pay unofficially (% of respondents
that made unofficial payments)
I survey
II survey
54,8%
60,6%
CS
respondents / economic agents
Corruption Spread
I survey
Share of respondents that consider that
corruption is wide spread in the five
priorities of TCP (share of respondents
that think bribery takes place frequently,
very frequently and permanently)
Credibility
of the
institutions
CS, %
Totally trust
II survey
53,9%
Trust a lot
55,4%
Trust a bit
Totally do not
trust
2007
2008
2007
2008
2007
2008
2007
2008
2,6
2,2
12,8
13,2
56,5
56
28,1
28,5
High
Medium
Low
Professionalism
of the
collaborators
CS, %
2007
2008
2007
2008
2007
2008
8,2
14,3
66,2
56,1
25,6
29,6
Average bribe during the last 12
months (lei)
CS
respondents/ economic agents
I survey
II survey
3074
1383
Average bribe (lei)
Estimated total amount of unofficial
payments to public servants made
during the last 12 months (million Lei)
CS
respondents/ economic agents
I survey
II survey
66
34
Table 3. Conclusions and Recommendations
General conclusions and recommendations for improvements, as well as for more efficient policy
alternatives that were made versus the anti-corruption reform-policy recommendations accepted by
the Government institutions/officers:
a) The general analysis
During the monitoring period of the 4th quarter, the team of the Pro Marshall Center applied more methods
for the collection of information from the monitored institution. The quarterly progress report is based on
the following:
 data provided by the Custom System;
 data obtained by the Pro Marshall Center from:
- surveys, carried out for 90 CS collaborators, during the period of 20-30 November 2008;
- round tables organized with the participation of economic agents;
- field visit reports at the Custom bureaus and stations;
- analysis of the mass-media resources and website of the CS;
- studies and surveys carried out by the TI monitoring team.
Resulting from the monitoring of TCP implementation by the CS, the Pro Marshall Center identified
dynamic results of the planned activities in comparison with the 3rd quarter. The statistics of the TCP
implementation by the SIA demonstrate that from 27 planned activities:
-
20 activities are fully completed, out of which 2 activities are completed before the deadline;
- 5 activities are ongoing with the deadline expiring in 2009;
- 2 activities are partially completed.
The 1st Objective, - Ensuring probity among Custom Service collaborators registered a positive change in
the implementation of the planned activities. From 12 activities, CS managed to complete 11 activities.
The activity I-8, - Equipping Internal Security Section with special communication means, equipment for
the registration of images and sounds, detection, and surveillance equipment, is partially completed.
During the reporting period, CS bought 1 video camera, 2 photo cameras and 1 audio recording equipment.
The survey results show that the CS collaborators consider that the Internal Security Division has an
important role, as it contributes in the prevention and combating of corruption (31.6% of respondents),
ensuring collaborators’ security (26.3% of respondents), improving the corruption control in Custom
System (14.7%) and decrease of the CS collaborators interest in corruption acts (14.7%). The abovementioned data indicate, one more time, the importance of the technical equipment in the working activity
of the Internal Security Division.
According to the TCP provisions, the CS elaborated, during the past quarters, new requirement standards
that provided results in the 4th quarter. Therefore, in the last three months of 2008, the CS organized 2
competition-based recruitments, at which participated 82 persons. The recruitment resulted in: 9 persons
were hired and 6 persons are process of recruitment (the competition-based recruitment took place in
December and currently is following the last recruitment stage). Most of the candidates for the vacant
positions are not hired, according to the presented information, the position requirements are high that
imply the advance qualification of the candidates. This conclusion is confirmed by the CS collaborators
that took the survey carried by the Pro Marshall Center, 72.1% of respondents consider that the recruitment
stages are - very complicated, 16.3% - not very complicated and 4.7% - easy. Only 7 % of participants did
not take the survey. The monitoring team identified that all CS collaborators recruited in 2008 are hired
according to the competition-based recruitment – an important indicator in the implementation of the
recruitment standards.
In order to improve the custom services, according to TCP, in the 3rd and 4th quarter, the CS elaborated a
new system of the staff testing and evaluation. In the 4th quarter, this testing system was applied in the
recruitment of 44 CS collaborators: 35 – passed the examination; 5 – were admitted based on the second
examination that requires 2 months additional preparation; 4 – did not pass the examination. It is
worthwhile to mention, that this testing period is done for all the CS personnel, including collaborators
with senior position. Therefore, from 10 deputy-chiefs of the custom bureaus, only 8 are confirmed in the
senior position.
An important aspect in ensuring the staff integrity is the respect of the Code of Ethics. During the reporting
period, a new draft of the Code of Ethics for custom collaborator was presented to the Government.
Additionally in order to improve the quality of the custom services, the Training Center of the CS
organizes training on the study of Code of ethics. During the 4th quarter, 372 CS collaborators were trained,
out of which 69 are newly hired CS collaborators. The survey results identified a high level of informing of
the custom collaborators regarding the periodical testing and respect of the Code of Ethics (96.5% of
respondents know about the periodical examination).
As concern the Activity I-12, - Implementation of the Code of Ethics and the program for the personnel
rotation, during the 4th quarter, taking into consideration the recommendation of the Pro Marshall Centre,
the CS Board issued an Order that promulgated the period of the personnel rotation - from 1 month to 2
months. At the same time, the opinion of the CS collaborators changed with regard to the efficiency of the
rotation program – the share of respondents that consider the rotation program inefficient is 43, 9%, in
comparison with 58% in the 3rd quarter. Moreover, the economic agents (that participated at the roundtable at the “Timpul” Business Club on 16.12.2009) consider that the implementation of the rotation
program is necessary, efficient and lucrative in preventing corruption acts and smuggling.
Conclusion: The Pro Marshall Center considers this objective fully completed as concern the special
technical equipping of the Internal Security Division. This quipping is necessary for both the CS
collaborators (survey respondents) and economic agents (participants of the round table). In this way,
according to the opinion of the economic agents (the main beneficiaries of the CS services), the additional
equipping of the Internal Security Division will have a positive impact in preventing corruption and
smuggling.
From 8 planned activities regarding the 2nd Objective, - Simplification of customs procedures and
development of processing capacity, CS managed to accomplish 3 activities in due time; 5 activities are
ongoing that have a deadline in 2009. According to the institutional data, the 2nd objective shows a positive
change, especially for the activity II-16, - Improving the application of “single window” principle. It is
worthwhile to mention that the Law on the adherence of the Republic of Moldova to the International
Convention on the Harmonization of Frontier Controls of goods, of 21.10.2008, was adopted by the
Parliament on 23.10.2008.
While on 06.12.2008, the Veterinary Service was excluded from the border points, at present this being the
attribution of the Custom Service. According to the Gov. Dec. no.1073 of 19.09.2008 on Optimization of
border crossing of the goods and passenger transport, 8 custom bureaus will perform the attributions of
the Sanitary-Veterinary Agency. The opinion of the economic agents, regarding the application of “single
window” principle, is positive. The economic agents consider that application of this principle will reduce
the transit-time at the custom border and simplification of procedures concerning goods processing (the
results of the round table organized at the “Timpul” Business Club on 16.12.2009).
Conclusion: The analysis of the 2nd Objective, - Simplification of customs procedures and development of
processing capacity, shows the improvement of the CS activities regarding the implementation of the
planned measures. 3 activities with the expired deadline are completed, while the other 5 activities are
ongoing (with a deadline due in 2009). The implementation of still ongoing activities will be possible in
case of the adherence of the Republic of Moldova to the Common Transit Convention and the International
Convention on the Harmonization of Frontier Controls of goods, adopted at Interlaken on 20 May 1987.
For the 3rd Objective, - Improvement of indicators for encouraging entrepreneurs to meet Customs
guidelines and application of appropriate measures for non-conformity in order to prevent smuggling,
tax evasion and other forms of border crossing crimes, the CS planned 7 activities. In the 4th quarter,
positive results were determined for the activity III-22, - Improvement of indicators within the Risk
Analysis and Post-Audit Section. Therefore, on the base of the 93 controls performed by this Section, 30
violations were identified. The other cases relate to the undeclared goods in the value of 12328,032
thousand MDL. The increase/decrease of the value at the custom is 6583,462 thousand MDL, the sum of
the custom obligations (recalculated) constitute 6564,052 thousand MDL. In order to improve the
indicators, at the Risk Analysis and Post-custom Audit Section, a staff motivation mechanism on
preventing and combating corruption/smuggling was created. The total value of the financial incentive, for
one CS collaborators, is 15 000 MDL. For the detection of cases with a high degree of social and
economical resonance, the CS provides financial incentive in the value of 30 000 MDL, not more than 50%
higher in value than the returned material prejudice.
As concern the transparency of the CS activities, during the 4th quarter, “Vama” periodicals nr. 5 (6) and
nr.6 (7) were published. The share of survey respondents¹ that consider “Vama” periodical an
informational resource for the Code in ethics is 32.6%. As concern this periodical, the economic agents³
consider that the electronic version would increased the number of readers. At the same time, the utility of
the periodical would increase if the context reflected more information concerning the custom procedures,
methods of custom goods execution, declaration methods of the goods custom value, and custom tariffs for
different category of goods, etc. During the monitoring period, according to the opinion of the CS
collaborators (75,4% of respondents), the Pro Marshall Center determined a good level of the offered
information regarding TCP provisions to the CS personnel.
Conclusion: Regarding the Objective III, - Improvement of indicators for encouraging entrepreneurs to
meet Customs guidelines and application of appropriate measures for non-conformity in order to prevent
smuggling, tax evasion and other forms of border crossing crimes, the CS managed the implementation of
6 activities out of 7 planned activities. The activity III-26, Equipping Internal Security Section with special
communication means, equipment for the registration of images and sounds, detection, and night
surveillance equipment is considered partially completed. Therefore during the 4th quarter, CS purchased
16 cars, 129 computers, 13 laptops -the technical equipment required in the consolidation of the control
capacities. The Pro Marshall Center consider that this activity is not fully completed, as according to the
obtained information, it is necessary to purchase additional detection equipment for the improvement and
consolidation of control and surveillance capacities.
b) Recommendations:
1. The reorganization of the Consultative Councils associated to the custom bureaus, in order to ensure
the participation of the associative sector (economic agents – 60%, CS collaborators – 15%, brokers
– 10%, representatives of civil sector – 5%, lawyers - 5%, other institutions – 5%) and the policy
documents elaboration, consultation and their monitoring in the field of customs service;
2. Creation of the Service of Mediators in CS, in accordance with the Law on mediation no.134 of
14.06.2007;
3. Transparency regarding the criteria for the value determination of the custom goods and the
identification process of the goods provenience (export/import);
4. Providing social guarantees for the CS collaborators (social and personal protection, living space,
reimbursement of the transportation costs, telephone, decent salary etc.);
5. Additional special detection equipment for the consolidation of the control and surveillance
activities;
6. Creation of mobile and mixed monitoring teams (that include economic agents and CS
collaborators) for the prevention of corruption and smuggling;
7. “Vama” periodical posting on the website of the CS and electronic distribution through internal
system E-channel, as well as, providing the “Vama” periodical to the attention of economic agents
that collaborate with CS;
8. The placement of informative electronic compartments (that present interest for the economic
agents, truckers, persons that cross the border), at the custom bureaus and stations (ex. State
Chamber of Registration/ a special link exemplifying - letter samples, declarations, the quantity of
taxed/untaxed goods).
c) Accepted recommendations:
CS accepted all the recommendation provided by the Pro Marshall Center in the 3rd quarter.
d) General sector conclusion:
Resulting from the monitoring activity, the Pro Marshall Center identified an improvement of the TCP
activities by the CS. The level of TCP implementation shows that from the 27 planned activities:
-
20 activities are fully completed, out of which 2 activities are implemented before the deadline;
5 activities are ongoing, with a deadline expiring in 2009;
2 activities are partially completed.
Table 4. Challenges and stories
Identification of major risks and threats to the attainment of the TCP targets; Major delays relative
to initial deadlines in the action plan; List some case studies that you have met with/experienced
during the reporting period
Major isks and threats to the attainment of the TCP targets were not identified. Major delays relative to
initial deadlines in the action plan were not identified.
Personnel Rotation Program - the instrument for
prevention of corruption in Customs
In order to prevent and combat corruption in Custom
System, the TCP foresees the implementation of the
program for the personnel rotation in the different sectors
affected by the corruption. This personnel rotation program
promotes the development of the well-defined policy based
on the respect of the ethical-moral and professional
standards of evaluation, distribution and promotion.
By using electronic methods in the implementation
of the program for the personnel rotation of the Custom System, the involvement of the human factor is
less perceived.
The Pro Marshall Center, during the monitoring period, conducted field visits at the Custom
Bureaus and Stations. The tools of the field-visits were different questionnaires, interviews and focus-group
meetings, which served in the identification of the personnel rotation inefficiencies – as the duration of one
month. Therefore, in the 3rd quarterly progress report of 2008, the Pro Marshall Center recommended the
extension of the term for the personnel rotation till 2 months duration.
After the presentation of the quarterly progress report, during the period of October 2008, at the
common meetings of the Pro Marshall Center with the Custom Service representatives, the advantageous
and disadvantageous (30 days) of the personnel rotation duration was analyzed.
Taking into consideration the broad spectrum of personnel rotation activity, the nature of the custom
services and the improvement of the collaborators’ receptiveness to organizational changes, the abovementioned proposal was submitted in order to overcome the drawbacks affecting the work of the Custom
Service collaborators.
At the first consultative meetings the participants were the sociologist, the monitors of the Pro
Marshall Center and the Custom Service representatives. At the end of November 2008, according to the
initiative of the Government Consultant responsible for the Custom Service activities, with the participation
of the Custom Service representatives, the meeting on the approval of the term-extension of the personnel
rotation took place.
The confirmation of the above-mentioned recommendation is certified by the issue of the Order
no.926 of 28.11.2008 that establish the personnel rotation term for the period of December 2008-January
2009.
The Custom Service accepted and applied the 3rd quarter recommendation of the Pro Marshall
Center due to the fact that the personnel rotation represents the main tool of the personnel management
policy and a measure foreseen in the Threshold Country Program, that imply both the activities
implementation and the efficient policy changes within the framework of the monitored institution.
The personnel rotation is the main principle of the European Union, and according to our opinion,
the application of this type of system is timely for the Custom Service of the Republic of Moldova, since it
helps avoiding the disputes, conflict behavior at work and useless disagreements that might appear for a job
position. It also assists in avoiding the working routine, corruption and interest groups, and emphasizes on
the personnel initiative and efficient collaboration and cooperation. In this regard the expression
“irreplaceable employee” is not longer used.
Constructive dialogue – the key in the monitoring process
In the framework of the Threshold Country Program
for Moldova, the Pro Marshall Center organized different
meetings. The round-table on “The monitoring progress and
perspectives of the Custom System and System of Internal
Affairs” has had considerable success. The representatives of
the Government and Ministry of Internal affairs, as well as
the Custom Service, USAID, ICITAP, AED, the members of
the Anticorruption Alliance (implicated in the TCP
monitoring) and mass-media were the participants of the
above-mentioned event.
The monitoring determined that the cooperation of the civil society represents an important
component for the Ministry of Internal Affairs and Custom Service activity. The cooperation is exemplified
by a permanent dialogue at the meetings, forums, seminars and round tables on the issues of interests: fight
against corruption, diminishing bureaucracy and promotion of ethical practices in different sectors.
Initially, the monitored institutions were reserved concerning the monitoring approach of the Pro
Marshall Center – as a civil society representative. However, with the help of a transparent dialogue, the
optimization of monitoring process, promotion of an efficient and open cooperation and institutional
openness was achieved. The monitoring methodology and tools used by the Pro Marshall Center, as:
surveying of the Custom Service collaborators and Police Officers, independent interview of the traders and
truckers regarding the corruption causes in Custom System and System of Internal Affairs, field visits, the
application of the “secret client” technique during the telephone calls, and the organization of the focusgroup meetings with the collaborators at all staff level. All these activities assist in the identification of the
current situation in the Custom System and System Internal Affairs and providing concrete operational
policy solutions and recommendations in preventing and diminishing corruption phenomenon.
Therefore, in order to improve the working activity, the monitored institutions will make an effort
for the implementation of relevant reforms, policies and concrete/logical recommendations, elaborated by
the Pro Marshall Center. For example, the recommendation concerning the term-extension of the personnel
rotation was taken into consideration by the Custom Service. In this way, during the period of October
2008, after the presentation of the quarterly progress report, at the common meetings of the Pro Marshall
Center and Custom Service, that was focused on the analysis of the advantageous and disadvantageous of
the 1 month duration of the personnel rotation, the extension of the term (for 2 months) was approved. The
main goal of the recommendation is overcoming the drawbacks affecting the work of the Custom Service
collaborators (due to the broad spectrum of personnel rotation activity), the nature of the custom services
and improvement of the collaborators’ receptiveness to organizational changes.
In order to improve the activity and implementation capacity of the TCP measures, by the System of
Internal Affairs, the Pro Marshall Center offered and put at the disposal of the monitored institution the
indicator matrix that contributed in the cooperation process, understanding of the monitoring approach and
providing information for further evaluation.
The progress of the monitoring, based on the cooperation principle, made possible to avoid the lack
of mistrust in the public institutions and civil society, and offered perspectives for joining efforts in the
promotion of transparent, efficient governance that is independent from the public principle, and rely on the
information exchange in the implementation of the policies in preventing and combating corruption.
§1.4. Institutional Openness Index
Q1. Was it easy for you to acquire the information needed for the monitoring?
Name of
the
monitored
institution
Did not get any
information=1
Very
hard=2
With some
difficulties=3
Relatively
easy=4
Very easy=5
Custom



X

System
Q1.1 What is the official explanation for the refusal (difficulties) of supply of information?
Mark one or
several causes
Criteria
The institution does not have the requested data
The requested data is classified
Because of human resource constraints (The data require additional
resources, which they cannot allocate) …
Did not have enough time to respond

Did not provide any official explanation

Others (please specify , or if you have an explanation of your own, different
from the official one, please share it)




Q2. Please mark in the following table the response related to your assessment for the quality of
information you received, according to the scale:
Name of
the
institution
Did not match
at all our
request=1
Hard
to use=2
Not quite
satisfactory= 3
Quite
Satisfactory=4
Fully satisfactory=5
Custom
System



X

Q3. How do you perceive the quality of the information on the WEB page of the monitored
institution, under the aspects of the information being complete, concrete, undated, clear
vocabulary for the large public, well structured and organized?
Name of
the
institution
Custom
System
Did not match
at all our
request=1
Hard
to use=2
Not quite
satisfactory= 3
Quite
Satisfactory=4
Fully satisfactory=5




X
Q4: How do you evaluate the degree institutional openness to public participation and control
on its decision making?
Name of
the
institution
Fully
closed=1
Rather
closed=2
Not quite
satisfactory= 3
Satisfactory=4
Fully satisfactory=5
Custom
System




X
Table 5. Conclusions and Recommendations
Recommendations for improvements, as well as for more efficient policy alternatives that were
made (a), versus the anti-corruption reform-policy recommendations accepted by the Government
institutions/officers (b):
During the monitoring period of the 4th quarter, the team of the Pro Marshall Center applied more
methods for the collection of information from the monitored institution. The quarterly progress report is
based on the following:
 data provided by the Custom System;
 data obtained by the Pro Marshall Center from:
- surveys, carried out for 90 CS collaborators, during the period of 20-30 November 2008;
- round tables organized with the participation of economic agents;
- field visit reports at the Custom bureaus and stations;
- analysis of the mass-media resources and website of the CS;
- studies and surveys carried out by the TI monitoring team.
The activity I-8, - Equipping Internal Security Section with special communication means, equipment for
the registration of images and sounds, detection, and surveillance equipment, is partially completed.
During the reporting period, CS bought 1 video camera, 2 photo cameras and 1 audio recording
equipment. The survey results show that the CS collaborators consider that the Internal Security Division
has an important role, as it contributes in the prevention and combating of corruption (31.6% of
respondents), ensuring collaborators’ security (26.3% of respondents), improving the corruption control
in Custom System (14.7%) and decrease of the CS collaborators interest in corruption acts (14.7%). The
above-mentioned data indicate, one more time, the importance of the technical equipment in the working
activity of the Internal Security Division.
The analysis of the 2nd Objective, - Simplification of customs procedures and development of processing
capacity, shows the improvement of the CS activities regarding the implementation of the planned
measures. 3 activities with the expired deadline are completed, while the other 5 activities are ongoing
(with a deadline due in 2009). The implementation of still ongoing activities will be possible in case of
the adherence of the Republic of Moldova to the Common Transit Convention and the International
Convention on the Harmonization of Frontier Controls of goods, adopted at Interlaken on 20 May 1987
Regarding the Objective III, - Improvement of indicators for encouraging entrepreneurs to meet Customs
guidelines and application of appropriate measures for non-conformity in order to prevent smuggling,
tax evasion and other forms of border crossing crimes, the CS managed the implementation of 6
activities out of 7 planned activities. The activity III-26, Equipping Internal Security Section with
special communication means, equipment for the registration of images and sounds, detection, and night
surveillance equipment is considered partially completed. Therefore during the 4th quarter, CS purchased
16 cars, 129 computers, 13 laptops -the technical equipment required in the consolidation of the control
capacities. The Pro Marshall Center consider that this activity is not fully completed, as according to the
obtained information, it is necessary to purchase additional detection equipment for the improvement and
consolidation of control and surveillance capacities.
Recommendations:
1. The reorganization of the Consultative Councils associated to the custom bureaus, in order to
ensure the participation of the associative sector (economic agents – 60%, CS collaborators –
15%, brokers – 10%, representatives of civil sector – 5%, lawyers - 5%, other institutions – 5%)
and the policy documents elaboration, consultation and their monitoring in the field of customs
service;
2. Creation of the Service of Mediators in CS, in accordance with the Law on mediation no.134 of
14.06.2007;
3. Transparency regarding the criteria for the value determination of the custom goods and the
identification process of the goods provenience (export/import);
4. Providing social guarantees for the CS collaborators (social and personal protection, living space,
reimbursement of the transportation costs, telephone, decent salary etc.);
5. Additional special detection equipment for the consolidation of the control and surveillance
activities;
6. Creation of mobile and mixed monitoring teams (that include economic agents and CS
collaborators) for the prevention of corruption and smuggling;
7. “Vama” periodical posting on the website of the CS and electronic distribution through internal
system E-channel, as well as, providing the “Vama” periodical to the attention of economic
agents that collaborate with CS;
8. The placement of informative electronic compartments (that present interest for the economic
agents, truckers, persons that cross the border), at the custom bureaus and stations (ex. State
Chamber of Registration/ a special link exemplifying - letter samples, declarations, the quantity
of taxed/untaxed goods).