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Law No. 27 From 6 March 1991

Original Language Title:  LEGE nr. 27 din 6 martie 1991

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LEGE No. 27 of March 6, 1991 for the ratification of the Agreement between the Government of Romania and the Government of the French Republic on the status and modalities for the functioning of cultural centres
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 54 of 19 March 1991



+ Article UNIC The Agreement between the Government of Romania and the Government of the French Republic on the status and modalities of functioning of cultural centers in the two countries, concluded in Paris on 26 September 1990, is ratified. AGREEMENT between the Government of Romania and the Government of the French Republic on the status and modalities of the The Government of Romania and the Government of the French Republic, drawing on the principles and provisions of the Final Act of the Conference on Security and Cooperation in Europe, signed in Helsinki on 1 August 1975, and of the concluding document of the Vienna Meeting of 15 January 1989, taking into consideration the cultural agreement between the governments of the two states, signed on 11 January 1965, Having regard to the Agreement between the Governments of the Two States on the Establishment of the Romanian Library in Paris and the French Library in Bucharest on 25 June 1969, Having regard to the Convention between the Governments of the two States on the avoidance of double taxation on income taxes, signed on 27 September 1974, agreed on the following: + Annex 1 + Article 1 The creation of Romanian cultural centers in France, one of them in Paris, as well as of a French institute in Bucharest and other French cultural centers, first of all in Cluj, Iasi and Timisoara, named below cultural centers. + Article 2 The cultural centers have as a mission to contribute to the development of relations between Romania and France in the fields of culture, art, education, information especially audiovisual, science and technique and to make known directly to the public the values and the achievements of each of the two countries in these various fields and, as regards the French side, those of the Francophonie. They may contribute to the implementation of the Cultural Agreement of 11 January 1965, as well as cooperation programmes pending by ministries and other public bodies of local authorities or established by companies, associations and other persons. Private in the two states. + Article 3 Romanian cultural centers are placed under the authority of the Romanian Embassy in France and the Romanian Cultural Foundation, and the French Institute in Bucharest, like the other French cultural centers in Romania, are placed under the authority of the Embassy France from Romania. + Article 4 The activities of cultural centers can be carried out within a decentralized cooperation in Romania and France. To this end, cultural centres can establish direct relations with ministries and other public bodies, local collectives, societies, associations and other private individuals in the two states. + Article 5 The activities of the cultural centres include: -organization of conferences, colloquia and other meetings, performances, concerts and exhibitions; -participation in cultural, scientific and technical events organized in France and Romania; -screenings of films and audiovisual documents; -receiving, within the activities of cultural centers, researchers, writers, journalists, lecturers and artists, proposed by the sending country; -information on the cultural, scientific and technical aspects of the sending country; -the operation of a library and a reading room, allowing the consultation and loan of books, newspapers, magazines, records, tapes, slides, films and other documents of a cultural, didactic, scientific and technical character whatever the support material; -publication and dissemination of informative programs, catalogues and other instruments of a cultural, didactic, scientific and technical character, whatever the material support; -language learning and pedagogy; -initiation into the civilization of the sending country. On the basis of a prior agreement of the parties, cultural centres may also participate in other activities or organise them. + Article 6 Cultural centres shall exercise their activities in compliance with the domestic law of the receiving State, subject to the provisions of this Agreement, and international law. + Article 7 The Contracting Parties shall assist each other so that the cultural centres set up by this Agreement are installed in appropriate premises. + Article 8 In agreement with the receiving state, cultural centres can organise their activities outside their buildings and use other venues to carry out activities in view of Article 5. + Article 9 The parties guarantee the public's free access to the activities of cultural centres, which take place in their buildings or other venues, and watch for cultural centres to use all available means for informing the public on their activities. + Article 10 Cultural centers have the capacity to transfer, in the receiving state, the necessary documents to their officials. + Article 11 Cultural centres have no profit. Under the conditions laid down in this Agreement and in compliance with the trade regulations in force in the receiving State, cultural centres may: -to perceive rights of entry to the manifestations they organize and rights of enrolment in the forms of education and other activities; -to sell catalogues, posters, books, records, teaching and audiovisual materials, whatever the material support, and other objects in direct relation to the manifestations they organize; --to maintain a buffet for their audience. + Article 12 Cultural centers benefit in the receiving state for all taxes and fees, except taxes from services provided, by the same exemptions as public institutions or services peddled by the budget of this state and exercising activities similar. This tax regime is made clear, in case of need, by exchange of letters transmitted diplomatically. The tax regime of the staff of cultural centres is governed by the legislation of the receiving state and the corresponding provisions arising from the convention between the governments of the two states on the avoidance of double taxation on revenue, signed on 27 September 1974. + Article 13 The cultural centres shall enjoy, on the basis of reciprocity and in compliance with the customs regulations in force in the receiving State, the exemption from customs duties and other duties and duties due to the import title: -furniture, materials and office supplies necessary for their current administrative operation; -catalogues, posters, programs, books, discs, teaching and audiovisual materials, whatever their provenance, subject to not being sold in the receiving state; -films intended for design in the venues of cultural centers. The above-mentioned goods cannot be borrowed, rented, offered in pledge or sold only under the conditions accepted in advance by the competent authorities of the receiving state. + Article 14 The Romanian cultural center in Paris receives the goods and funds of the Romanian Library in Paris. The French Institute in Bucharest receives the goods and funds of the French Library in Bucharest. The Agreement of 25 June 1969 expires on the day of entry into force of this Agreement. + Article 15 Each cultural centre is managed by a director in charge of conducting the activities and ensuring the operation of its services. The Director shall exercise his authority over all personnel With the prior agreement of the parties, the directors may be members of diplomatic staff of the diplomatic mission of the sending State. Each of the parties appoints the staff of the cultural centers they maintain. Staff numbers are mutually agreed. Staff may be appointed from among the citizens of the sending State or those of the receiving State or from a third State; in the latter case, the appointment must be given the consent of the receiving State. The Parties shall inform each other of the recruitment of staff members for cultural centres, whatever their nationality. They shall also inform themselves of the arrival and final departure of its agents, as well as the entry into office and the termination of their missions in the cultural centres. + Article 16 The director and members of the staff of the cultural centers who will temporarily live in the receiving state, as well as those who are in their maintenance, will be subject to the social security regime and the labor law in force in the sending state. + Article 17 Each party allows staff members of the other party's cultural centers to import, with exemption from any right or fees within one year, starting with their entry into office, furniture and personal effects, as well as their ongoing car. to use and reexport them at the end of their mission. These provisions are not applicable to members of staff of cultural centers who are citizens of the welcoming state or permanent residents of the receiving state. + Article 18 Each party shall grant, on a reciprocal basis, to the staff members of the cultural centres of the other party, as well as to the wives/spouses and children in charge during the operation of the agent, visas (entry visa and stay visas with multiple entries) and the necessary title of stay, which are established by the ministry of foreign affairs of the receiving state. + Article 19 The issues concerning the interpretation and application of this Agreement will be dealt with diplomatically. + Article 20 Each Party shall notify the other of the procedures necessary for the entry into force of this Agreement, which shall be effective on the day of receipt of the second notification. This Agreement shall be concluded for a period of five years and shall be renewed by tacit redirection for periods of the same duration. He will be able to be denounced after a term of five years at any time with a one-year notice. Concluded in Paris on 26 September 1990, in two copies in Romanian and French, both texts having the same value.