Anti-Corruption Law: Anti-corruption law in Moldova is a body of legislation designed to prevent, detect, and prosecute corrupt practices in both the public and private sectors, overseen by the National Anti-Corruption Centre (Centrul Național Anticorupție – CNA).
Moldova has developed a comprehensive anti-corruption framework over the past decade, driven in large part by its EU Association Agreement and the requirements of GRECO (the Council of Europe's Group of States against Corruption). The principal legislation includes the Law on Preventing and Combating Corruption (Law No. 90/2008), the Law on Integrity (Law No. 82/2017), and the Law on the National Integrity Authority (Law No. 132/2016).
The National Anti-Corruption Centre (Centrul Național Anticorupție, CNA) is the primary law-enforcement body responsible for investigating corruption offences. The CNA handles cases involving public officials, politicians, and private-sector actors. Separate from the CNA, the National Integrity Authority (Autoritatea Națională de Integritate, ANI) monitors the asset and interest declarations submitted by public servants and investigates conflicts of interest.
Public officials and a broad category of persons exercising public functions are required to submit annual declarations of assets and personal interests. These declarations are published on the ANI website and are audited for inconsistencies. Failure to declare assets, or a significant and unexplained gap between declared assets and actual lifestyle, can trigger an integrity investigation and ultimately lead to fines, confiscation of unjustified assets, or dismissal from public office.
Corruption offences under the Moldovan Criminal Code include bribery (dare/luare de mită), trading in influence (trafic de influență), abuse of office (abuz de serviciu), and embezzlement (delapidare). Penalties range from fines and suspension of the right to hold public office to imprisonment of up to 15 years for aggravated cases. Companies can also be held liable for corruption offences committed in their interest.
For foreign businesses operating in Moldova, the main practical risks are facilitation payments, informal requests for "fees" in licensing and permit processes, and procurement irregularities. Moldova's anti-corruption legislation criminalises the payment of bribes by private companies, and international businesses should ensure they have robust internal compliance programmes, clear reporting channels, and contractual anti-corruption clauses in agreements with Moldovan partners.
Key Facts About Anti-Corruption Law in Moldova
- The National Anti-Corruption Centre (CNA) is the main body investigating corruption in Moldova.
- The National Integrity Authority (ANI) audits asset declarations submitted by public officials.
- All public officials must submit annual declarations of assets and interests, which are publicly available.
- Bribery, trading in influence, and abuse of office are criminal offences carrying sentences of up to 15 years.
- Moldova is a member of GRECO and must implement anti-corruption recommendations as part of its EU Association Agreement obligations.
Frequently Asked Questions
What is the role of the CNA in Moldova?
The CNA (Centrul Național Anticorupție) investigates corruption offences, conducts financial intelligence, and can freeze and seize assets linked to corruption. It also has a preventive mandate, providing guidance to public institutions on anti-corruption measures and reviewing draft legislation for corruption risks.
Are asset declarations in Moldova publicly accessible?
Yes. Annual asset and interest declarations submitted by public officials, judges, prosecutors, and members of parliament are published on the ANI website (ani.md). Members of the public can search and review them. If a declaration is found to be incomplete or inconsistent with a person's actual assets, ANI can open an integrity investigation.
What should a foreign company do if asked for a bribe in Moldova?
Refuse clearly and document the interaction. Report the incident to your company's compliance officer and consider reporting to the CNA (which has a dedicated reporting line and online form). Do not make the payment, even if you believe it would facilitate a legitimate business process. Keeping detailed records of all interactions with public officials is essential for your protection.