MEMORANDUM

On the bases for Normalisation of Relations between the Republic of Moldova and

Trans-Dniester Moldavian Republic

 

The leadership of the Republic of Moldova and Trans-Dniester Moldavian Republic hereinafter referred to as the Parties;

Proceeding from the necessity for the fastest and full solution of relations between the Republic of Moldova and Trans-Dniester Moldavian Republic exclusively through peaceful political means;

Reaffirming their commitment to the principles of the UN, OSCE, and generally recognised norms of international law, and to the agreements reached previously between the Republic of Moldova and Trans-Dniester Moldavian Republic;

Recognising the responsibility for securing civil peace, international concord, the strengthening of stability and security in this area of Europe;

Considering that uniting of their spiritual and material resources will speed the decision of common economic and social problems and will open the possibility for constructing a modern flourishing society through joint efforts;

Through the mediation of the Russian Federation, Ukraine and the OSCE Mission,

Have agreed to the following:

    1. The Parties reaffirm their commitment not to resort to the use of force or the threat of force in their mutual relations. Any differences shall be resolved exclusively by peaceful means, through negotiations with the assistance and the mediation of the Russian Federation and Ukraine, as Guarantor States for the fulfillment of agreements achieved; of the OCSE and the assistance of the CIS [Commonwealth of Independent States].
    2. The Parties shall continue the establishment between them of state-legal relations.

The Document, defining these relations, the status of Trans-Dniester Moldavian Republic, shall be based on the principles of mutually agreed decisions, including the division and delegation of competencies, and mutually assured guarantees.

The Parties will proceed to the elaboration of this document immediately after the signing of this Memorandum, giving consideration to all previously Actifed principle agreements, including those achieved on 17 June 1996.

    1. Trans-Dniester Moldavian Republic shall participate in the conduct of the foreign policy of the Republic of Moldova – a subject of international law – on questions touching its interests. Decision of such questions shall be taken and cultural spheres, and other spheres by the agreement of the Parties.

Trans-Dniester Moldavian Republic has the right to unilaterally establish and maintain international contacts in the economic, scientific-technical and cultural spheres, and in other spheres by the agreement of the Parties.

    1. The Parties direct a request to the Russian Federation, Ukraine, and the OSCE to continue their mediation efforts for the achievement of a lasting and comprehensive normalisation of relations between the Republic of Moldova and Trans-Dniester Moldavian Republic.
    2. The Republic of Moldova and Trans-Dniester Moldavian Republic will act as mutual guarantors of the full and unconditional fulfillment of the agreements on relations between them.
    3. The Parties welcome the declaration of the Russian Federation and Ukraine about their readiness to act as Guarantor States for the observance of the provisions set forth in the respective document about the status of Trans-Dniester Moldavian Republic and the agreements set forth in the present Memorandum.
    4. The Parties direct a request to the OSCE to continue its assistance for the compliance of the agreements between them.
    5. The Parties declare the necessity to elaborate a mechanisms by all the participants in the negotiating process.
    6. The Parties reaffirm that activities for maintaining peace, carried out by the Joint Peacekeeping forces in the Security Zone in accordance with the agreement between the presidents of the Republic of Moldova and the Russian Federation dated 21 July 1992 "On the Principles of Peaceful Settlement of the Armed Conflict in the Trans-Dniester Region of the Republic of Moldova" shall be continued.
    7. In the event of a violation of these agreements, the Parties have the right to address themselves to the Guarantors for the carrying out of consultations with the goal of taking measures for normalising the situation.
    8. The Parties shall build their relations in the framework of a common state within the borders of the Moldavian SSR as of January of the year 1990.

For the Republic of Moldova

P. Lucinschi (signed)

For Trans-Dniester Moldavian Republic

I. Smirnov (signed)

By the Guarantor States

For the Russian Federation

B. Yeltsin (signed)

For Ukraine

L. Kuchma (signed)

In the presence of the Chairman-in-Office of the OSCE

N. Helveg Petersen (signed)

City of Moscow

8 May 1997