Law No. 15 Of August 7, 1990, On The Reorganization Of State-Owned Economic Units As 1900 And Companies

Original Language Title:  LEGE nr. 15 din 7 august 1990 privind reorganizarea unităţilor economice de stat ca regii autonome şi societăţi comerciale

Read the untranslated law here: https://www.global-regulation.com/law/romania/3070041/-lege-nr.-15-din-7-august-1990-privind-reorganizarea-unitilor-economice-de-stat-ca-regii-autonome-i-societi-comerciale.html

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Law No. 15 of 7 august 1990 (* updated *) on the reorganization of State-owned economic units as 1900 and companies (updated until December 14, 2011 *)-PARLIAMENT ISSUING — — — — — — — — — — — — *) form of this updated regulatory action until December 14, 2011 is carried out by the legal department within the S.C. "territorial Center of Electronic Computing" Piatra Neamt by including all the changes and additions brought about by law No. 58 of 14 august 1991 abrogated by EMERGENCY ORDINANCE nr. 88 of 23 December 1997; Law No. 80 of December 23, 1991; ORDINANCE No. 15 of 9 august 1993; ORDINANCE No. 70 of 29 august 1994 *); Law No. 55 of 15 June 1995 abrogated EMERGENCY Ordinance nr. 88 of 23 December 1997; Law No. 21 of 10 April 1996 *); EMERGENCY ORDINANCE No. 88 of 23 December 1997; Law No. 219 of 25 November 1998; EMERGENCY ORDINANCE No. 49 of 22 April 1999; Law No. 136 of 21 July 2000; Law No. of 4 July 2006, 276; EMERGENCY ORDINANCE No. 58 on 20 June 2007; Law No. 245 of 5 December 2011; EMERGENCY ORDINANCE No. 109 on 30 November 2011.
The contents of this act is not an official document, being intended for the information of users *) ORDINANCE No. 70 of 29 august 1994, published in MONITORUL OFICIAL nr. 246 of 31 august 1994 was republished in the Official Gazette nr. 40 of 12 March 1997.
ORDINANCE No. 70 of 29 august 1994 republished was abrogated by lit. of paragraphs 1 to 5). (1) of article 1. 36 of the law nr. 414 of 26 June 2002, published in Official Gazette No. 456 of 27 June 2002. Law No. 414 of 26 June 2002 was abrogated by para. (1) of article 1. Act No. 298 571 from 22 December 2003, published in Official Gazette No. 927 of 23 December 2003.
) Law No. 21 of 10 April 1996 has been republished in the Official Gazette nr. 742 of 16 august 2005.
NOTE C.T.C.E. S.A. Piatra Neamt: according to art. 25 of law No. 55 of 15 June 1995 to accelerate the privatization process, published in MONITORUL OFICIAL nr. 122 of 19 June 1995, for the area covered by this law, the provisions of law No. 15/1990, of law No. 58/91, of Government Ordinance No. 10/1992, approved and amended by the law No. 114/1992, and of art. 5 letter e) of law No. 66/1993 shall apply only insofar as they are not incompatible with its provisions.


Chapter 1 General provisions Article 1 the State Economic Units, regardless of under which the body operates, is organized and functions in accordance with the provisions of this law, in the form of 1900 or commercial companies.
Also, economic units, goods or activities may be granted, where appropriate, or rented in compliance with the provisions of this law.
The autonomous administrations and companies can, under the present law, shall try to achieve the shared productive activities and trading.


Chapter 2 article 2 autonomous Administrations of the autonomous Administrations is organized and operates in strategic branches of the national economy-arms industry, energy, mining and natural gas, post and railways-and some fields belonging to other branches established by the Government.


Article 3 the autonomous Administrations are legal entities and operate on the basis of economic management and financial autonomy.
1900 may be set up under the decision of the Government, for the national interest, or by resolution of the County and municipal organs of State administration, local interest, branches and areas established under art. 2. Article 4 of the Act establishing the public corporation shall establish autonomous object or activity, assets, the name and principal place of business.
The autonomous administrations can establish their structure: plants, factories, workshops, services, branches and other necessary subunits the objects. Method of establishing and their relationships within the autonomous public corporation and with third parties are set out in the regulation on the organisation and functioning of the public corporation, prepared by the Board of Directors and approved by the Director which he founded.


Article 5 is the owner of goods Directed independent of or.
In exercise of the right of ownership, use and possess autonomous features, autonomously from the assets in the patrimony, or the beneficial use of them, as appropriate, in order to achieve the purpose for which it was created.
Disposal of real estate belonging to the autonomous public corporation or the conclusion of transactions in litigation with a value of over ten million lei is made with the approval of the Ministry).
— — — — — — — — — — — — C.T.C.E. NOTE S.A. Piatra Neamt: according to art. 16 of ORDINANCE No. 15 of 9 august 1993, published in MONITORUL OFICIAL nr. 202 of 23 august 1993, value ceilings. 5 para. 3 of law No. 15/90 shall be updated by the Government in order to restore their real value.

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Art. 6 has been repealed by article 16. 20 of ORDINANCE No. 15 of 9 august 1993, published in MONITORUL OFICIAL nr. 202 of 23 august 1993.


Article 7 Repealed.
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Art. 7 was repealed by paragraph 1. (1) of article 1. 65 from EMERGENCY ORDINANCE nr. 109 on 30 November 2011, published in MONITORUL OFICIAL nr. 883 of 14 December 2011.

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Art. 8 was repealed by article. 20 of ORDINANCE No. 15 of 9 august 1993, published in MONITORUL OFICIAL nr. 202 of 23 august 1993.
*) Note C.T.C.E. S.A. Piatra Neamt: para. 1 of art. 8 was repealed by article. ORDINANCE No. 41 from 70 of 29 august 1994, published in MONITORUL OFICIAL nr. 246 of 31 august 1994, without taking into account the fact that art. 8 was repealed by ORDINANCE No. 15 of 9 august 1993, published in MONITORUL OFICIAL nr. 202 of 23 august 1993.
ORDINANCE No. 70 of 29 august 1994, published in MONITORUL OFICIAL nr. 246 of 31 august 1994 was republished in the Official Gazette nr. 40 of 12 March 1997.
ORDINANCE No. 70 of 29 august 1994 republished was abrogated by lit. of paragraphs 1 to 5). (1) of article 1. 36 of the law nr. 414 of 26 June 2002, published in Official Gazette No. 456 of 27 June 2002. Law No. 414 of 26 June 2002 was abrogated by para. (1) of article 1. Act No. 298 571 from 22 December 2003, published in Official Gazette No. 927 of 23 December 2003.


Article 9 — — — — — — — — — — — —-. 1 of art. 9 was repealed by article. 20 of ORDINANCE No. 15 of 9 august 1993, published in MONITORUL OFICIAL nr. 202 of 23 august 1993.
To cover any deficits, the autonomous administrations may receive subsidies from the State budget or local budgets, or contract the Bank loans.
Subsidies are granted and administered by the Government or local bodies of State administration, as appropriate, within the limits of the funds provided for in their budgets and may only be used according to the purposes for which they were granted.

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Art. 10 has been repealed by article 16. 20 of ORDINANCE No. 15 of 9 august 1993, published in MONITORUL OFICIAL nr. 202 of 23 august 1993.


Article 11 payment receipts and operations of autonomous public corporation shall be made through accounts opened at banks.
Within the limits determined by the National Bank of Romania for necessities, regia autonoma can perform operations of receipts and payments in lei and in foreign currency through its own cash.
Receipts and payments operations with the former Soviet republics will be carried out by the Romanian units foreign trade Bank or other banks.


Article 12 Repealed.
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Art. 12 was repealed by paragraph 1. (1) of article 1. 65 from EMERGENCY ORDINANCE nr. 109 on 30 November 2011, published in MONITORUL OFICIAL nr. 883 of 14 December 2011.


Article 13 Repealed.
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Art. 13 was repealed by paragraph 1. (1) of article 1. 65 from EMERGENCY ORDINANCE nr. 109 on 30 November 2011, published in MONITORUL OFICIAL nr. 883 of 14 December 2011.


Article 14 Repealed.
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Art. 14 was repealed by paragraph 1. (1) of article 1. 65 from EMERGENCY ORDINANCE nr. 109 on 30 November 2011, published in MONITORUL OFICIAL nr. 883 of 14 December 2011.

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Art. 15 was abrogated by article. 20 of ORDINANCE No. 15 of 9 august 1993, published in MONITORUL OFICIAL nr. 202 of 23 august 1993.


Chapter 3 companies Article 16 Economic Units of the State, except those that are founded as 1900, will be organized in the form of joint stock companies or limited liability companies, as provided by law.


Article 17 Economic Units of the republican interest as companies under the decision of the Government and of local interest, by decision of the local State administration body.


Article 18 Establishment Act approved commercial society status and will establish: (a) the legal form), the objects, the name and principal place of business of the company;
  

(b)) share capital subscribed, structure and method of formation thereof;
  

c) method of processing assets and liabilities State economic unit which is in a commercial company.
  

On the basis of the Act of incorporation, company register in the register of the Chambers of Commerce and industry. The Act of incorporation to be published in the Official Gazette of Romania.


Article 19 Inventory the patrimony of the State subject to economic transformation in companies, as well as evaluating and establishing capital companies set up in this way shall be made under the conditions laid down in the decision of the Government.


Article 20


Initially, the share capital of companies constitutes under art. 17 is owned entirely by the Romanian State in the form of shares in relation to the legal form of the company and will be paid in full at the time of the establishment of the company.
The assets of the company are its commercial property, except those acquired with another title.


Article 21 companies established in accordance with this law have a shareholder, i.e. holder of shares is unique up to transfer all or part of the shares to third parties from public or private sector in the country or abroad, in accordance with special legislation.


Article 22 for the purpose of preparing, organizing and coordination of activity of transfer of shares shall constitute the national privatisation Agency, subordinated to the Government.
The tasks of the Agency are those established by law, and by this law, and its organizational structure will be established under the decision of the Government.


Article 23 companies, established according to the present law, shall transmit to the National Agency for privatization a security equal to 30% of the amount of the authorized capital established, within 30 days of the formation of their own.
— — — — — — — — — — —-. 2 of art. 23 was repealed by article. 79 of the law nr. 58 of 14 august 1991, published in MONITORUL OFICIAL nr. 169 of 16 august 1991. Law No. 58 of 14 august 1991, published in MONITORUL OFICIAL nr. 169 of 16 august 1991 was abrogated by para. (1) of article 1. 44 from EMERGENCY ORDINANCE nr. 88 of 23 December 1997, published in Official Gazette No. 381 of 29 December 1997.
— — — — — — — — — — —-. 3 of art. 23 was repealed by article. 79 of the law nr. 58 of 14 august 1991, published in MONITORUL OFICIAL nr. 169 of 16 august 1991. Law No. 58 of 14 august 1991, published in MONITORUL OFICIAL nr. 169 of 16 august 1991 was abrogated by para. (1) of article 1. 44 from EMERGENCY ORDINANCE nr. 88 of 23 December 1997, published in Official Gazette No. 381 of 29 December 1997.
— — — — — — — — — — —-. 4 of art. 23 was repealed by article. 79 of the law nr. 58 of 14 august 1991, published in MONITORUL OFICIAL nr. 169 of 16 august 1991. Law No. 58 of 14 august 1991, published in MONITORUL OFICIAL nr. 169 of 16 august 1991 was abrogated by para. (1) of article 1. 44 from EMERGENCY ORDINANCE nr. 88 of 23 December 1997, published in Official Gazette No. 381 of 29 December 1997.
— — — — — — — — — — —-. 5 of art. 23 was repealed by article. 79 of the law nr. 58 of 14 august 1991, published in MONITORUL OFICIAL nr. 169 of 16 august 1991. Law No. 58 of 14 august 1991, published in MONITORUL OFICIAL nr. 169 of 16 august 1991 was abrogated by para. (1) of article 1. 44 from EMERGENCY ORDINANCE nr. 88 of 23 December 1997, published in Official Gazette No. 381 of 29 December 1997.
— — — — — — — — — — —-. 6 of art. 23 was repealed by article. 79 of the law nr. 58 of 14 august 1991, published in MONITORUL OFICIAL nr. 169 of 16 august 1991. Law No. 58 of 14 august 1991, published in MONITORUL OFICIAL nr. 169 of 16 august 1991 was abrogated by para. (1) of article 1. 44 from EMERGENCY ORDINANCE nr. 88 of 23 December 1997, published in Official Gazette No. 381 of 29 December 1997.
— — — — — — — — — — —-. 7 of art. 23 was repealed by article. 79 of the law nr. 58 of 14 august 1991, published in MONITORUL OFICIAL nr. 169 of 16 august 1991. Law No. 58 of 14 august 1991, published in MONITORUL OFICIAL nr. 169 of 16 august 1991 was abrogated by para. (1) of article 1. 44 from EMERGENCY ORDINANCE nr. 88 of 23 December 1997, published in Official Gazette No. 381 of 29 December 1997.
— — — — — — — — — — —-. 8 of art. 23 was repealed by article. 79 of the law nr. 58 of 14 august 1991, published in MONITORUL OFICIAL nr. 169 of 16 august 1991. Law No. 58 of 14 august 1991, published in MONITORUL OFICIAL nr. 169 of 16 august 1991 was abrogated by para. (1) of article 1. 44 from EMERGENCY ORDINANCE nr. 88 of 23 December 1997, published in Official Gazette No. 381 of 29 December 1997.


Article 24 companies with state capital prepare annual budget of revenue and expenditure, balance sheet and profit and loss account, under the conditions provided by law.
The balance sheet and the profit and loss account shall be published in the Official Gazette of Romania, part III.


Chapter 4 Concession, lease and management of location — — — — — — — — — — — Art. 25 was repealed by lit. of paragraphs 1 to 5). (2) of article 9. 42 of law No. 219 of 25 November 1998, published in MONITORUL OFICIAL nr. 459 of 30 November 1998.
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Art. 26 c was repealed. of paragraphs 1 to 5). (2) of article 9. 42 of law No. 219 of 25 November 1998, published in MONITORUL OFICIAL nr. 459 of 30 November 1998.
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Art. 27 was repealed by lit. of paragraphs 1 to 5). (2) of article 9. 42 of law No. 219 of 25 November 1998, published in MONITORUL OFICIAL nr. 459 of 30 November 1998.
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Art. 28 was repealed by lit. of paragraphs 1 to 5). (2) of article 9. 42 of law No. 219 of 25 November 1998, published in MONITORUL OFICIAL nr. 459 of 30 November 1998.
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Art. 29 c was repealed. of paragraphs 1 to 5). (2) of article 9. 42 of law No. 219 of 25 November 1998, published in MONITORUL OFICIAL nr. 459 of 30 November 1998.


Article 30 State-owned Property may be the subject of a leasing agreement, on the basis of approval by the Government or local government body shall state, as appropriate.


Article 31 the lease ends based auction and will include clauses to ensure the exploitation of the nature of the property rent according to its specificity.
The lease may be concluded with any physical or juridical person, Romanian or foreign, the obvious and administration of State which lies in the cause.


Article 32 of the autonomous Administrations or companies can end with physical or legal persons, Romanian or foreign property management contracts, having as object the management of departments, plants, dairies and other subunits in their structure.
General rules on the conclusion of such contracts shall be approved by resolution of the Government.


Chapter 5 the Association and free competition in article 33 of the autonomous Administrations and companies may be associated with the activities of common interest for the associates. Through this Association there is born a new statutory body, and relationships between Associates to be determined by the contract of Association.


Article 34 the contract of Association shall contain the following: (a) the Contracting Parties);
  

b) economic activities that will achieve in common;
  

(c) the contribution of each party to) the achievement of the agreed common economic activities;
  

d) conditions of management and administration of the Association;
  

e method of splitting) results of common economic activities undertaken;
  

f) causes of termination of the assignment and the resulting outcomes of liquidation;
  

(g) any other necessary clauses) Association.
  


Article 35 of the autonomous Administrations and companies partly or wholly owned by the State can be associated with each other or with third party legal or natural persons, Romanian or foreign, in order to create new companies.

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Art. 36 was repealed by paragraph 1. (2) of article 9. 73 of the law nr. 21 of 10 April 1996 and published in the Official Gazette No. 88 of 30 April 1996.
Law No. 21 of 10 April 1996 has been republished in the Official Gazette nr. 742 of 16 august 2005.
Art. 37 was repealed by paragraph 1. (2) of article 9. 73 of the law nr. 21 of 10 April 1996 and published in the Official Gazette No. 88 of 30 April 1996.
Law No. 21 of 10 April 1996 has been republished in the Official Gazette nr. 742 of 16 august 2005.
Art. 38 was repealed by paragraph 1. (2) of article 9. 73 of the law nr. 21 of 10 April 1996 and published in the Official Gazette No. 88 of 30 April 1996.
Law No. 21 of 10 April 1996 has been republished in the Official Gazette nr. 742 of 16 august 2005.


The application of the provisions of article 39 of this law, the establishment of companies, the Government will carry out the restructuring of the economic entities by the State-enterprises, groups, trusts and other well-functional and financial autonomy criterion, aiming at reducing the size of big businesses and ripping the economic agents that produce the same type of goods, performed the same type of works or performs the same kind of services.
The State-owned economic units of local interest, paragraph 1. 1 applies to prefectures and the municipality of Bucharest.


Article 40 State may reserve for economic activities that will be carried out exclusively by way of monopolies by monopolies, State and Also their way of administration, shall be determined by special laws.


Chapter 6 of the common Provisions Article 41 organizational structure and functional of the autonomous public corporations and companies shall be determined by their governing bodies.
The staff of the companies and of companies is hired by the Director-general director, respectively. Wage level of employees is established by the governing body of the public corporation or commercial companies, depending on the studies and the work actually done, in compliance with the minimum wage limit provided by law.


Article 42 of the autonomous Administrations and companies, as well as the licensees and persons who exploit the property rented under the present law, are obliged to carry out the work in compliance with the legal provisions concerning the protection of the environment and to achieve their own sources appropriate means to this end.


Article 43


The activity of the autonomous public corporations and companies may be influenced by economic applications such as loans with preferential interest rates, State commands, subsidies, taxes and charges.
Companies created on the basis of this law may be subsidised on the basis of Government decision on a maximum period of 4 years, with the annual amount of the discounts follow with rates of 20% of the initial amount.
Subsidies may be granted in the event of bankruptcy.


Article 44 of the autonomous Administrations and companies created under this Act may be made directly to foreign trade operations. To this end they are going to constitute the specialized compartments for export, import, marketing and market opportunities, with prior consultation and the Ministry of trade and tourism.


Article 46 Amounts in foreign currency purchased from authorised banks, against lei, at the exchange rate of the day for foreign payments are kept in special accounts opened in the name of economic agents from commercial banks.
— — — — — — — — — —-. 1 of art. 46 was modified by art. 3 of law No. 80 of December 23, 1991, published in MONITORUL OFICIAL nr. 263 of 23 December 1991.
The Ministry of trade and tourism may refuse to permit the use of the amounts necessary to import only when goods whose import is followed you can buy in the country in competitive conditions and only if such a measure is necessary for the purpose of balancing the balance of foreign payments. Accordingly, the Ministry may refuse an export permit and the goods strictly necessary for domestic production.


Article 47 commercial Relationships between autonomous administrations, those of companies with state capital, as well as relations between them and the State will run on contract basis.
Contracts concluded between economic entities referred to in paragraph 1. 1 shall be governed by the principle of contractual freedom and the regulations contained in the civil code and the commercial code, with the exceptions of this law decurgind.


Article 48 of the autonomous Administrations and companies with state capital will be able to practice with each other and in relations with third parties, prices from decurgind conjugate action of supply and demand, except when on the Romanian market there exist at least three economic agents to market the same type of good or service work, and except where the prices are subsidized by the State, according to the Government decision. In these latter cases the prices to be determined by the Government through negotiation with traders.


Article 49 Romanian Foreign Trade Bank can arrange currency auctions at the request of companies that hold, according to the law, the amounts in the currency they want to transfer them to other economic agents, against the Lions.


Article 50 of the autonomous Administrations and companies with state capital may conclude contracts of sale, the execution of works or the provision of services with foreign entrepreneurs pay in lei, if the amounts in the currency they are românească held arising from operation of investments carried out by them in Romania.


Article 51 any Litigation in which they are involved 1900 or companies with state capital are competence of the judicial courts of common law.
For resolving disputes between them autonomous administrations and businesses can call and to arbitration.


Chapter 7 transitory and final provisions Article 52 until the total liberalization of trade and the abolition of the system of material balances through repartitii, the autonomous administrations and companies wholly owned by the State are obliged to execute delivery tasks laid down by these balances and Resources prepared by the industry.
Insofar as the recipient of the distribution that has a surplus of material from the category of those, he may proceed to the sale of that surplus at prices that may exceed the purchase price. Such operations shall be immediately notified to the Ministry of Industry and Resources. Similarly we can proceed and the service provider nominated by students if the beneficiary or notify them before conclusion of the contract, he is not interested to retrieve listing distributed.
The refusal to conclude the contract with violating the provisions of this article shall entail the liability of the overhead or self-contained commercial.


Article 53 the goods remain the property of the State, such as government buildings, goods for activities of State administration, reserves of the State and the like, are assigned to the Department of State's Reserves and is administered directly by the institutions to which they are put into service.
Acts of decision with respect to these goods is approved by the Ministry of finance and Ministry of Industry and Resources, except where provided otherwise by law.


Article 54 provisions of this law shall also apply to companies, corporations, trusts, enterprise groups and others also established through the re-organization of some or other economic units by decisions of the Government, until the publication of the law.


Article 55 the current Central and other units with similar status shall cease its activity as the Foundation of autonomous public corporations and companies according to the present law.
The auditing thereof will be submitted to the newly created entities in accordance with the decisions of the Government which will be adopted for each case.


Article 56 Staff of dismantled, as well as the staff of economic entities of State transformed into Kings and companies, will be taken over by the latter. This personal, where it is framed with a lower salary, he is entitled to the difference until the tariff salary had seniority bonuses and, if necessary, for three months. The difference is support from the State budget.


Article 57 the establishment of autonomous public corporations and companies under this law shall be made within 6 months after the entry into force, with the exception of agricultural unities of the State, for which the deadline is 9 months.
All contracts, permits, or other documents by which enterprises, institutions, State-owned economic units or part thereof have been privately owned, rented, or leased after December 22, 1989, will review in accordance with the provisions of this law by the National Agency for privatization.


Article 58 the present law shall enter into force 30 days after its publication in the Official Gazette of Romania.
The fulfillment of the deadline provided for in article. Act No. 57 is repealed. 5/1978 on the Organization and leadership of the Socialist state establishments, as well as their functioning on the basis of workers ' self-management and economic and financial self-administration, law No. 3/1988 on the conclusion and execution of economic contracts, law No. 14/1971 concerning the management of funds, material resources and material and technical supplies, and any other provisions to the contrary.
Also on the date of the present law shall repeal the decisions of the Government on the establishment, organization and functioning of the interior trade joint-stock companies and companies and Government decision concerning the privatization of commercial establishments or their administration in the Commission mandate times.
This law was passed by the Senate in session as of 31 July 1990.
Academic SENATE PRESIDENT ALEXANDRU BACH this law was adopted by the Assembly of Deputies, in its session of July 31, 1990.
The PRESIDENT of the ASSEMBLY of DEPUTIES MARTIAN D under art. 82 lit. m) of Decree-Law No. 92/1990 to elect the Parliament and the President of Romania, promulgam law on the reorganization of State-owned economic units as 1900 and companies and we have following its publication in the Official Gazette.
ION ILIESCU, PRESIDENT Of ROMANIA — — — — — — — — — — — — — — — — — —