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Economy

Moldova likely to pay $58 million debt to Platon-associated energy company, case returns to Paris Appeal Court

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The government of the Republic of Moldova is likely to be obliged to pay a $58 million award to Komstroy, an Ukrainian energy company closely associated to now-imprisoned oligarch Veaceslav Platon.

As Law360 reports, the award was reconfirmed by the U.S. District Judge Christopher R.Cooper on 23 August, when Moldova was rejected the claim that it had “been denied due process” in an arbitration case within an ad-hoc arbitral tribunal in Paris. Back in 2013, the tribunal concluded that Moldova had violated an investment commitment under the Energy Charter Treaty (ECT) by not paying debts owned to Komstroy’s predecessor (LLC Energoalliance- based in Ukraine) on the deliverance of electric power in 1999-2000. Thus, the Moldovan government was allegedly owing around $46,5 million. The tribunal’s decision was disputed by the Moldovans at the Paris Court of Appeal, which subsequently ruled in 2016 that the ad-hoc tribunal “misinterpreted the subject debt as an “investment” under the ECT” (Case No. 14-cv-01921 (CRC)). In its attempts to find recognition of the tribunal’s decision, Komstroy asked the D.C. Court to examine the case, even though the French Cassation Court returned the case to the Appeals Court in 2018.

Notwithstanding the ongoing proceedings in Paris, the US Court ruled in late 2018 that the award can be enforceable and more importantly, its amount could be increased to nearly $58 million, considering the exchange rate from the award date.

After the ruling on 23 August, Gene M.Burd, attorney for Komstroy, told Law360 that it’s “pleased” with the US Court’s decision to determine the Paris ad-hoc tribunal’s right and scope to act upon the role demanded by Moldova and the Ukrainian energy company.

Moldova’s Justice Minister, Olesea Stamate, rushed (on 11 September, when the US court decision got out into the wild) to explain that the payment of the award can be enforceable only after the Paris Appeals Court issues a final ruling at the end of the month. As quoted by Ziarul de Garda, Stamati dismissed Komstroy’s claim as a a “scheme that was applied by some persons to milk the public budget”, describing the debts as “bogus”, “sold at double price”. In addition, the Minister announced that Moldova contested the US court decision.

As Sic.md explains in a fact checker, Moldova’s problems began back in Paris, where lawyer Victor Volcinschi was reportedly defending the position of the Ukrainian company instead of the Moldovan side. Additionally, the new law firm, Bukh Law Firm, subcontracted in December 2018, was not paid between February and April 2019 by the previous Democrat government, putting the whole defence at risk.

According to sic.md, LLC Energoalliance is associated with the more-than-controversial oligarch Veaceslav Platon and his involvement in the even more famous Russian Laundromat.

Important

EU official: “It’s been a long time we’ve been patient. We will judge the Government’s actions objectively.”

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Director for Russia, Eastern partnership, Central Asia and OSCE, and Deputy Managing Director for Europe and Central Asia at the European External Action Service (EEAS), Luc Pierre Devigne, paid a visit to Chișinău today to participate in the 5th meeting of the EU-Moldova Association Committee.

He addressed a message to the Moldovan government during a press conference, criticising the way the reforms were implemented in the country, especially the way the famous bank fraud from Moldova, called also “the theft of the century” was investigated. Devigne considers inadmissible the fact that, after five years, the persons and companies that were involved in the fraud were not held accountable.

“It is unacceptable that after the theft of the billion was uncovered and deeply investigated by a leading financial investigation team – the Kroll company, whose findings were made publicly available, the investigation was still not finalised on various pretexts. We cannot believe that it is legally not possible to prosecute such a fraud.[…] It is the responsibility of the Government to ensure that justice works in the country. We want to see an open and transparent process that includes not only the Government, but also the consultation of opposition, civil society and the EU institutions recommendations.” said Devigne.

The EU official told the Moldovan politicians: “It’s time for actions. It’s been a long time we’ve been supportive, we’ve been patient. Now, we will judge the Government’s actions objectively.”

“The EU has always supported the Republic of Moldova, but the EU cannot substitute for good governance and the actions that should be taken by the Government. Our support is not unconditional.”

He said that European assistance will depend on how laws and democratic standards will be respected in Moldova. Particularly, Luc Pierre Devigne mentioned that the Republic of Moldova should join the Anticorruption Network for an effective fight against corruption, strengthen independent media and improve the quality of life in the case of the Moldovan citizens.

Luc Pierre Devigne also referred to the subject of the Citizenship by Investment Law, on which the Government applied a moratorium, but only until February 24, 2020. The official was disappointed that people who obtained such kind of citizenship remained anonymous. “We do not see this as compatible with a serious and secure visa liberalisation regime. It’s a security issue.” highlighted Devigne.

One of the central messages of the EU delegation to Moldova concerned the importance of boosting the cooperation between Moldova and the community bloc.

At the same time, the Moldovan authorities reiterated their commitment to comply with the recommendations of international organisations such as the OSCE and the Venice Commission, and to ensure public consultations on major projects.

Photo: cotidianul.md

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Economy

Global Talent Competitiveness Index: Moldova when it comes to Artificial Intelligence

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The 7th edition of the Global Talent Competitiveness Index (GTCI) addressed the topic Global Talent in the Age of Artificial Intelligence. The index is used to rank 132 national economies, across all groups of income and levels of development, that representing 97% of the world’s GDP and 94% of its population. The report referred, first of all, to the level of innovation and technology development, exploring how the development of Artificial Intelligence (AI) is not only changing the nature of work but also forcing a re-evaluation of workplace practices, corporate structures and innovation ecosystems.

This year, Moldova ranked 86th out of 132 analysed economies, being ranked behind the neighbouring countries such as Ukraine and Romania, which ranked 66th and 64th, respectively.

The countries that are best positioned to benefit from the AI revolution are also the most developed countries in the world, especially when it comes to the competitiveness and potential of attracting and training best professionals. Top ten countries in the ranking are Switzerland, the United States of America, Singapore, Sweden, Denmark, the Netherlands, Finland, Luxembourg, Norway and Australia.

New York, London, Singapore, San Francisco, Boston, Hong Kong, Paris, Tokyo, Los Angeles and Munich are among the most developed cities in this regard.

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source: insead.edu

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source: insead.edu

GTCI highlights

One of the most important observations made in the GTCI report for 2020 is that the gap between talent champions (almost all of them high-income countries) and the rest of the world is widening. Still, AI may provide significant opportunities for emerging countries to leapfrog.

The top of the GTCI rankings is still dominated by Europe, including the Nordic countries – a significant number of small high-income economies, many of them being either landlocked, island or quasi-island economies, including Switzerland (1st), Singapore (3rd), Luxembourg (8th), Iceland (14th) or Austria (17th).

According to the report, the key factor is developing relatively open socio-economic policies in which talent growth and management are central priorities in the age of AI.

Moldova

Moldova managed to get a score of 36.64, being ranked 86th out of 132 countries. It was classified as lower-middle income country and ranked 7th out of 32 countries included in this category. The country’s talent competitiveness index weakened as compared to the period between 2015-2017, when it was listed around the 61st position.

Moldova was evaluated with the highest scores for such aspects as gender development gap, ease of doing business, number of female graduates, competition intensity and political stability, while the lowest scores were given for its share of R&D expenditure, robot density, university ranking, number of registered researchers, scientific journal articles, labour productivity per employee, new business density and collaboration across organisations.

This year’s model of the GTCI index includes a total of 70 variables, up from 68 indicators used in the GTCI 2019.

source: insead.edu

Photo: cambridgealert.com

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Economy

The IMF conclusions// will the last part of the program funds be disbursed to Moldova?

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An International Monetary Fund (IMF) team, led by Ruben Atoyan, the head of the IMF Mission, visited Moldova between January 22 to February 5 to conduct the 2020 Article IV consultation and the sixth and final review of Moldova’s economic program supported by the IMF’s Extended Credit Facility (ECF) and Extended Fund Facility (EFF) arrangements.

Ruben Atoyan appreciated the discussions with the Moldovan authorities as consistent and insistent and confirmed that the Government team has demonstrated openness and determination in implementing the necessary reforms. Most of the objectives of the Moldova – IMF program were achieved and the program was a successful one, as a statement of the Government of the Republic of Moldova communicated.

At the meeting of Prime Minister Ion Chicu with the IMF team staff, the objectives to be achieved in the next period were discussed, including the approval of the legislation regarding non-banking financial institutions for the sustainable and safe development of this sector.

The parties also exchanged views on the consolidation of the national banking system and the pension system, concluded the need to focus on the objective of ensuring a sustainable, balanced and more inclusive economic growth, as well as discussed the reforms in education, healthcare and social policies to increase the standard of living in the Republic of Moldova, to combat migration and to change demographic trends.

On February 5, the IMF Communication Department issued a concluding statement that describes the preliminary findings of IMF staff at the end of the official visit to Moldova.

The most important conclusions were:

  • The last review under the IMF program is scheduled for March 16, 2020. The completion of the review will make available another  SDR 14.4 million (about $20 million) for Moldova;
  • The program has been successful in achieving its objectives. Comprehensive reforms have rehabilitated the banking system and strengthened financial sector governance, entrenching macro-financial stability;
  • Despite successful economical stabilisation efforts, widespread and significant governance and institutional vulnerabilities are major impediments to boosting living standards of Moldovan people, especially high perception of corruption, weak rule of law and political instability present risks;
  • Prudent and well-coordinated policies are needed to safeguard the progress achieved. Decisive governance and institutional reforms are necessary for faster, sustainable, and inclusive growth.

“The program was success and achieved its goals. The comprehensive reforms have rehabilitated the banking system and strengthened the finance sector, this progress is commendable under the conditions of a volatile political situation,” said Ruben Atoyan, the head of the IMF Mission at a press conference.

source: gov.md

Next, Prime Minister of Moldova is going to send a letter to the IMF asking for another mission’s visit to Chisinau for conducting an evaluation and prepare a new international program.

“With the current program successfully completed, half the chances of having a new program are assured,” Ion Chicu claimed optimistically.

The prime minister said that the Government wants a new program with the IMF, not only for the international funds that can be granted, but also for the support and assistance that can be received in promoting reforms.

**

Moldova’s three-year IMF program was approved on November 7, 2016, being supported by a loan of 129.4 million special drawing rights (SDR), which is about $182 million, or 75% of the Republic of Moldova’s quota. 115 million SDR (about US$160 million) have been already disbursed. Two thirds of the loan are provided under the Extended Credit Facility, which carries a zero interest rate through 2018, a grace period of 5½ years, and a 10-year maturity. The rest of the loan is provided under the Extended Fund Facility, which carries an annual interest rate equal to the SDR basic rate of charge (currently 1.7 percent), and is repayable over 10 years with a 4½ -year grace period.

Photo: gov.md

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