Law No. 56 of 4 June 1992 (republished) regarding the State border of Romania) published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 396 of 24 august 2000 * Note) Republished pursuant to art. II of law No. 98/2000 approving emergency Government Ordinance No. 80/1999 modification and completion of the law #. 56/1992 on State border.
Law No. 56/1992 was published in the Official Gazette of Romania, part I, no. 126 of 9 June 1992 and amended by Order No. 55 of 19 august 1994, published in the Official Gazette of Romania, part I, no. august 29th 242 1994 (approved by law No. 129 of 20 December 1994, published in the Official Gazette of Romania, part I, no. 354 of 21 December 1994) and Government Emergency Ordinance nr. 80 of June 4, 1999, as published in the Official Gazette of Romania, part I, no. 275 of 16 June 1999 (approved and amended by the law No. 98 of 2 June 2000, published in the Official Gazette of Romania, part I, no. 256 of 8 June 2000).
Chapter 1 General provisions Article 1 Romanian State border separating the territory of neighboring territories of Romania and territorial sea area contigua. At the same time, the State border delimits the vertical air space and the basement of the Romanian State's airspace and the basement of the neighboring States.
Article 2 (1) the Romanian State border shall be fixed by law in accordance with the provisions of international treaties and agreements concluded between the State and neighboring States and cannot be modified except by law.
(2) the Romanian State border is inviolable.
Article 3 (1) the Romanian State border is marked, as a rule, on the ground, through the border signs, whose data are provided in the documentation topogeodezice demarcation between State and neighboring States.
(2) in order to maintain visibility and ensure the protection of frontier constitutes the frontier, whose width it is agreed by the Romanian State with neighboring States. Cleaning and maintenance activities of the border passageways shall be under the direct supervision of the border police.
Article 4 (1) for the execution of security, surveillance and control of crossing the State is constituted by: a) coastal strip of the protection of the State border with a width of 20 m beginning at the State border line for dry, border and on the edge of the land inundabil, for the border, inside. It exempts the Black Sea, estuarine, ports on the Danube, communication routes and works situated at the border of Hydro.
In places in the vicinity of the State border, where the land is swampy, subject to erodarilor or avalanches, gardens and the protection of the State border shall be formed in more depth.
Areas of land between the coastal strip for the protection of the State border and the border or the shore waters administered by the persons or bodies to whom they belong, with the observance of this law.
Gardens and the protection of the State border is part of the public domain of national interest and is administered by the Romanian Border Police. The limits of the Strip for the protection of the State border will be marked by the Romanian Border Police.
b) frontier zone, made up of the communes, towns, municipalities, which, according to the administrative organisation of Romanian territory, are located in the vicinity of the State border, the Black Sea littoral, estuarine sector on a depth of 20 km towards the interior of these.
The localities included in the border area, with the exception of the tourist resorts on the Black Sea, will be included on the panels, with their name, in Romanian language "border village" and will be brought to the attention of the population by the prefects.
(2) in the gardens of the State border protection and border zone border police shall have the right to move, to install security posts and means for securing, surveillance and control of crossing the State, with the exception of land with private law regime. In special situations, border police can extend the powers in areas exempted, with prior notification of those who have owned or under management.
Chapter 2 the legal regime of the State border of Romania Article 5 (1) the legal regime of the State border of Romania comprises the totality of the rules set out in the internal legislation, which concerns the State border, carrying out various activities in the border area, border waters, waters and the territorial sea.
(2) ensuring that the legal regime of the State border of Romania, the Romanian State's sovereign rights in the area and economic zone contigua exclusively lies with the Ministry of the Interior through the Romanian Border Police and other institutions empowered by law, in accordance with the provisions of the legislation.
(3) the Romanian Frontier Police has in the structure of the General Inspectorate of Border Police, as the central unit, including Coast Guard and territorial structures.
Article 6 (1) crossing the Romanian State by persons, means of transport, goods and other goods is done through the checkpoints for crossing open for traffic international, hereafter referred to as control points.
(2) the Romanian State Border Crossing can be done by other places, under the conditions laid down in bilateral agreements and arrangements between Romania and neighboring countries.
(3) the opening of new checkpoints or temporary closure of existing definitive times approved by decision of the Government.
(4) the Government of Romania will give publicity to the list of checkpoints for crossing the border, open international traffic, traffic and small passages.
(5) the opening of some occasional checkpoints, to carry out some festive activities or religious, and closing them within the competence of the Romanian Border Police.
Article 7 (1) checkpoints are organized and carried out the border control of persons, vehicles, goods and other goods that enter or leave the country.
(2) the State border control points shall be carried out under the conditions laid down in this law.
Article 8 (1) control the crossing of Romanian State aims at checking and finding fulfilment of conditions laid down by law for entry and exit from the country of persons, means of transport, goods and other assets.
(2) the control bodies of the Romanian State border carries the full responsibility for the implementation of and compliance with strict provisions relating to entry and exit from the country of persons, means of transport, goods and other assets, as well as for the proper conduct of international trafficking and serving passengers, in accordance with the provisions laid down by law.
Article 9 operating and maintenance Rules relating to bridges, railroads and communications lines, and border waters that crosses the State border line or have a common shaft with it are laid down in the agreements concluded by the Romanian State with neighboring States.
Article 10 to resolve the problems resulting from the bilateral border agreements are called, by decision of the representatives of the Government, representatives of border/loctiitorii and ajutorii them, and Romanian delegations in the joint intergovernmental committees from among the Romanian Border Police officers and officials of other interested institutions.
Chapter 3 of the Romanian Border Police Powers Article 11 guard, surveillance, control of crossing the State, as well as surveillance, control and jurisdiction in the inner waters of the Danube, the Danube Delta contained in the border area, inland waters, territorial sea, and area economic contigua exclusive of Romania shall be exercised by the Romanian Border Police.
Article 12 of the Romanian Border Police has the following main tasks: to) run, monitoring and control of crossing the State of Romania, prevents and combats illegal crossings over the border, smuggling and infringements of the legal regime of the State border;
b) supervises the border waters, inland waters of the Danube, the Danube Delta contained in the border area, inland waters, territorial sea, ensure the rights and jurisdiction of the Romanian State in the area and economic zone contigua exclusive;
c) oversees airspace adjacent to State border and territorial sea;
(d) ensure the application of the provisions of the treaties), agreements, conventions and protocols concluded border of Romania with neighbouring States;
e) to supervise, control and maintenance of border signs;
f) organizes and carries out cooperation for security, monitoring and control of crossing the State with similar bodies of neighbouring States, in accordance with bilateral agreements;
g) make proposals regarding the appointment of representatives/proxies for the border and their loctiitorilor, and Romanian delegates, the joint intergovernmental commissions on border;
h) acting for discovery, retention and research, according to the law, persons who do crime offences, at times the legal regime of the State border;
I) ensure the implementation and compliance of the frontier;
j) coordinates the activities of the staff of the other institutions which, by law, in connection with the State border and ensure the fulfilment of the duties of service by all staff from the control point for crossing the border;
k) carries out the control of travel documents for crossing the State border through the checkpoints, traffic and small passages simplified, issued by the Romanian authorities, as well as those issued by foreign authorities, recognized or accepted by the Romanian State, while carrying out a correct and civilized fluency, traffic of passengers and goods;
l) ensure control of passage over the State border, in accordance with the law, weapons, munitions, firearms and self defense, panoply weapons thereof, explosive substances and devices loaded with toxic substances radioactive;
m) prohibits State border crossing of persons in general or tracking data, based on information and requests submitted by law enforcement agencies, including those of external cooperation;
n) grant, by way of exception, the entry visa and transit, depending on the purpose of the journey, persons with or without a fee waiver or reduction thereof, in accordance with the regulations;
a) prevents and combats the specific facts of cross-border crime;
p) ensure control and supervision of public transport and to defend public order in border inspection posts;
r) execute any other duties determined by law.
Article 13 (1) For the performance of its duties by the Romanian Border Police cooperates with other units and formations of the Ministry of Internal Affairs, Ministry of national defence establishments and other institutions with competence in the field of public order and national security. In addition, cooperation with other ministries and authorities of Central and local public administration involved in ensuring compliance with the legal regime of the State border, the legal regime of inland maritime waters, territorial sea, contiguous zone and the exclusive economic zone, as well as with the Customs authorities, to carry out specific actions in the area of customs. At the same time be able to collaborate on the basis of prior agreement, with any legal or physical person.
(2) in the case of joint action or boat Coast Guard vessels with those of the Navy of the Ministry of national defense, the latter will have onboard a Coast Guard officer and will hoist the flag, with its distinctive. Under these conditions, the Navy ship gives them authority and Coast Guard.
(3) the Customs authorities at the port and Capitaniile will inform the territorial structures of the General Inspectorate of Border Police about ships which have legal permits to exit/entry at ports where they operate.
Article 14 in the frontier zone, border guards are in pursuit of the job duties, according to the law, have the right: to control the) identity documents of persons and to carry out, if necessary, to identify them;
b) to stop and to control the means of transport;
c) to investigate the land areas, communication paths and isolated buildings;
d) to stop, to lead to the seat of territorial structures of the Romanian Border Police to investigate and, in accordance with the law, individuals about whom there is information or evidence that they have committed criminal offences or administrative offences in relation to the State border and to monitor their luggage and clothing;
e), together with its established local public administration authorities, compulsory measures are temporary, relating to security, monitoring and control of crossing the State, which does not contravene the law and who will be brought to the attention of the citizens by the prefects and mayors;
f) to use any means of transport and telecommunication, regardless of owner or keeper-natural person or legal entity, except for those belonging to the diplomatic or consular Corps, for legal measures do not suffer from procrastination and that cannot be brought to fruition. The costs of using these means will be paid at a later date, at the request of their owners and will be covered from the funds of the Romanian Border Police, are to be recovered, according to the law, persons who caused the intervention.
Article 15 For the performance of service in the border waters, inland waters of the Danube, the Danube Delta contained in the border area, inland waters, territorial sea, and area economic contigua exclusively, Romanian Border police staff shall have the right: (a) to verify compliance with) the legal regime of the State border of Romania;
b) to oversee the activities that takes place in the border waters, inland waters of the Danube, the Danube Delta contained in the border area, inland waters, territorial sea area, exclusive economic zone contigua and in airspace adjacent to them;
c) to prevent and combat illegal crossing attempts and smuggling across the State border in the border waters, inland maritime waters and the territorial sea;
d) to discover and to prevent actions of piracy;
e) to control periodically the position and the integrity of the border signs;
f) to stop, to withhold, to control and to conduct research in the Romanian ports, ships, boats, and people who have violated the legal regime of the State border, Romania's sovereign rights in the area of economic zone contigua or exclusive;
g) to act to stop and control any suspicious vessels, on request or on its own initiative in the event that it is holding information on the ship's involvement in illegal activities in the border waters, inland waters of the Danube, the Danube Delta contained in the border area, inland waters, territorial sea, and area economic contigua exclusive, informing other competent institutions in the field. Full responsibility concerning consequences arising from unjustified shutdown of the ship returns to the applicant;
h) to prevent and to combat any illegal activity carried out in the waters of the border waters of the Danube Delta, in the area of Denarii, inland waters, territorial sea, and area economic contigua exclusive, which would affect the interests and sovereignty of the Romanian State, informing the competent Romanian authorities immediately.
Article 16 For the performance of its duties, the Romanian Border police personnel can use ships, boats, helicopters, vehicles and other means of transport. They will wear the mark of the weapon and the inscription on the borders and on the sides of the ships, which will be provided and with the beacons. Motorcycles of all kinds will also have inscriptions on tank of gasoline and will be fitted with beacons.
Article 17 (1) in order to combat the phenomenon of specialized police personnel infractional of Romanian Border shall be entitled, in accordance with the law, to collect, to store, to process, to use and exchange of data and information necessary for the performance of service duties with other State authorities with competences in the field of defence, public order and national security.
(2) also organizes and performs the exchange of data, information and cooperate with the authorities of other States border or with international organizations, on the basis of bi-or multilateral agreements concluded in this respect.
(3) For achieving the tasks of security, monitoring and control of crossing the State border, Romanian Police staff can retain and research, according to the law, persons who have committed crimes or about which there are serious indications that they have committed such deeds in and out of the border area.
Article 18 of the Romanian Border Police Staff in exercising the functions of service, may withhold, in accordance with the law-in frontier zone, border waters, inland waters of the Danube, the Danube Delta contained in the border area, inland waters, territorial sea and economic area zone exclusive contigua-persons who have committed criminal offences or administrative offences other than those referred to in article 1. 14 lit. d) and in article 8. 15 (a). c) and (d)), shown them without delay to the competent authorities together with the objects retained, and sample materials and work performed.
Article 19 (1) For the performance of the service, the staff of the Romanian Border Police, in relation to the nature and the degree of resistance of the person who has committed a criminal offence, may be used, where appropriate, physical strength, specific means of equipment, including service dogs, and take the measures prescribed by law against it in connection with the establishment, retention, discovery and conservation of the sample means.
(2) when using other means of coercion or prevention is not possible, Romanian Border police staff can use the weaponry under the conditions provided by law.
To stop and detain ships and better equipped that violated internal law of Romania in national waters, waterways in the area and economic zone contigua exclusive, as well as those who try to flee from under escort vessels and Coast Guard boats can use heavy weapons or individual endowment, in the following situations: a) for somarea and restraint of stopping ships and better equipped;
b) directly, without formal notice, against the better equipped ships and in certain situations provided for in this law.
Article 21 (1) enforcement of fire with the troops, with the subpoena, shall be made as follows: a) after somatiile have been exhausted by all legal means of communication-radio, Visual and acoustic, and ship or boat tracked continue to ignore them, the Commander of the Coast Guard vessel shall proceed to the execution of the fire warning, under the conditions laid down by this law;
b) where, after a formal notice and legal warning fire, the ship in question is not subject to, be sure to use heavy weapons, after its crew had been warned to move toward the front of the ship, by domicile: "leave the stern, we will open fire!". After it was convinced that the warning was understood, the Coast Guard ship opens fire in full at close range over the rear part of the ship, is seeking as much as possible hitting the thruster device.
(2) the entire responsibility for the failure to claim and for the consequences resulting from ignoring warnings from the Coast Guard ships rests with the Commander or his legal substitute master.
Article 22 Coast Guard Ships can fire with heavy weapons, without formal notice in the following circumstances: (a) foreign vessels) against attacking ships Romanian;
b) against ships tracked that fighting back with gunshot or handles so that the security of the ship of the Coast Guard is endangered;
c) submarines, or other foreign vehicles operating on the submersible territorial sea in immersion or at Periscope;
d) against foreign ships that attack other ships in the waters of national waterways;
It's against foreign vessels) carrying out actions that endanger the safety of the artificial islands, submarine cables and pipelines, port facilities and the seaside economic objectives and those situated on the banks of the border waters;
f) against inarmate groups which enter national waters and waterways of fighting back or try to fight back with firearms.
Article 23 (1) of the Coast Guard Vessels perform fire warning and fire in full, so as to avoid the infringement by gunshot of the territory of a neighbouring State.
(2) after the fire in full or in the event of a collision, the Commander of the Coast Guard vessel will comply exactly with international regulations relating to saving life at sea or the river.
Article 24 in the case of a better equipped or other floating means small in size, the performance of fire with or without formal notice will be carried out in compliance with the regulations concerning firearms and munitions and the provisions of this law.
Chapter 4 Organizing and functioning of the control points for crossing Article 25 checkpoints for crossing the State border, little traffic points and simplified passages are organized and function under the General Inspectorate of the border Police.
Article 26 (1) checkpoints operate and staff belonging to the Ministry of finance, Ministry of transport, Ministry of health, Ministry of agriculture and food, the Ministry of industry and commerce, the national authority for tourism and other central organs to which they are responsible, under the law in these places.
(2) the duties of the staff of ministries and bodies referred to in paragraph 1. (1) shall be determined by their managements, in accordance with the law.
Article 27 ministries and central bodies of which they are responsible, under the law, the control points and their charge in collaborating the limits of its competence, the good condition of the passenger traffic, the means of transport, goods, other assets, and securing the State border in these places.
Article 28 (1) the head of the inspection for the crossing is designated, by order, the General Inspectorate of the Romanian Border Police. It leads, coordinates and is responsible for all activity from the checkpoint, according to the law.
(2) the head of inspection check and take legal measures for the fulfilment of the duties of the service staff of the checkpoint.
(3) access to the area of responsibility for carrying out the border control system which is intended shall be established by the head of the inspection.
(4) staff involved in control, of the General Inspectorate of the Romanian Police and the Chief of the border control point for crossing the border may require making supracontrolului, on completion of the border control, both at the exit and entry into the country.
(5) the Romanian Border Police Staff is obliged to bring proceedings ex officio upon the breach of legal duties in the field of the crossing of a State by persons belonging to the institutions referred to in article 1. 26 para. (1) article 29 for control. and monitoring of means of transport crossing the border of the State and may be used as conscripts or employed on a contract basis.
Chapter 5 control for crossing Article 30 (1) control for the Romanian State border shall be carried out in teams made up of the control points. The head of the inspection team is officer or petty officer from border police.
(2) The port inspection, the inspection team is also part of the master's representative. Once control teams have access to the goods and vessels chartering agency representatives, and other authorized persons.
(3) The airport control points, control of the team and a representative of the Romanian air transport companies.
Article 31 (1) control of passports and other documents for crossing the State border, issued by the Romanian authorities, as well as those issued by foreign authorities, recognized or accepted by the Romanian State, according to the law, is made by designated officers and subofiterii head inspection.
(2) where it is found that your travel documents do not meet the conditions laid down in law to entitle their holders to leave the times between the country or there are doubts about the authenticity of the documents, the head of the inspection will have clarification as soon as measures with maximum urgency of the situation of the persons concerned.
(3) head inspection can interrupt the journey of persons in respect of which it has made a finding that the requirements are not complied with regulations for crossing of the Romanian State.
Article 32 customs control of goods, baggage, parcels and other goods placed on persons is made after inspection of documents for crossing the border of the State, by staff from customs inspection teams, according to the legal regulations relating to the customs procedure.
Article 33 (1) human health protection, veterinary and plant health is carried out according to legal regulations, the staff designated by the Ministry of health and the Ministry of agriculture and food.
(2) the Ministry of agriculture and food together with Ministry of transportation may determine, for trafficking in animals, products of animal and vegetable, passing only through some control points, depending on the volume of traffic situation, epifitiilor, epizootics of veterinary conventions and phytosanitary agreements with other States.
(3) depending on the situation, Ministry of animal diseases and epifitiilor agriculture and food may prohibit the trafficking of animals as well as animal and vegetable products across the State border, informing about this other central organs concerned.
(4) the measures for the protection of health at the State border shall apply, according to the legal regulations, all persons, means of transport, goods and other assets, regardless of their origin and destination. Persons who are not subject to these measures not allowed crossing of the Romanian State.
(5) In the case of diseases which require the imposition of quarantine, in situations that do not suffer from procrastination, the Ministry of health takes first steps to prevent and combat, they shall immediately notify the Ministry of agriculture and food, the Ministry of trade and industry, the National Tourism Authority, Ministry of Interior, the Ministry of national defense, the Ministry of Foreign Affairs and the Ministry of transportation.
(6) human health protection of vessels and aircraft must precede documentary crossing of the State border and customs control.
Article 34 (1) the State border by individuals of weapons, and ammunition for these weapons, as well as by the panoply is only permitted if these arms and ammunition shall be entered in the accounts of the State border by the bodies which they have issued or granted by the Romanian visa fold from checkpoints.
(2) Travel in Romania and have on their arms and ammunition, other than those referred to in paragraph 1. (1) the obligation to deposit them at the border police.
(3) foreign delegations at the level of the Companions to the heads of State or Government level, as well as the military can have on them and can enter into the land of self defense weapons and related munitiile, on a reciprocal basis, if they are notified by the Ministry of Foreign Affairs and National Defense Ministry or Interior Ministry.
Article 35 (1) firearms hunting, shooting, munitiile, as well as firearms panoply of travellers in transit flying over by Romania, they said, is sealed upon entering the country by Customs staff.
(2) during the tranzitarii, passengers are forbidden to dispose of arms and munitiile or to break seals affixed. Upon leaving the country shall verify the integrity and authenticity of seals and if identification details of weapons and ammunition in accordance with those made in border crossing document. If seals are not intact times data do not correspond to those listed in document border crossings or arms and munitiile were disposed of in whole or in part in this case, passengers are allowed to cross the border only with the prior approval of the General Inspectorate of the border Police.
(3) Transit through Romania to weapons of hunting or target shooting and appropriate munitions belonging to foreign legal persons shall be made with the prior approval of the General Inspectorate of the border Police.
Article 36 (1) weapons and munitiile. 34 para. (1) and (2) which have not been reported, as well as other weapons and ammunition discovered at the control for the State border shall be retained for the purpose of confiscation and surrender on the basis of the report, of the County Police Inspectorate, whose RADIUS is an important control point.
(2) continue their journey person over which weapons were discovered and munitiile subject to confiscation can be done with the approval of the General Inspectorate of Border Police, in accordance with the law.
Article 37 article 37 34-36 shall apply accordingly with other explosives, biological materials with the potential for contamination of the narcotic substances, psychotropic substances and, as well as devices loaded with toxic substances radioactive placed on persons or, where appropriate, the means of transport by road, rail, air, naval or crossing the Romanian State border.
Article 38 control of cars, buses, coaches, automarfarelor and other means of road transport, which enter or leave the country, takes place at road checkpoints.
Article 39 examination for crossing of trains is carried out in the station or along the border between border station and a gas station.
Article 40 (1) for crossing the border Control of vessels entering or leaving the ports of the Romanian foreign voyages shall be carried out in the port inspection. Exception from naval vessels and control, as well as their crews, the National Defense Ministry and the Interior Ministry.
(2) control for crossing of the ships to stop the ports situated on the Danube, it doesn't work check points, shall be carried out at the first port located upstream or downstream of this port, it operates a checkpoint. The exit checks shall be carried out in the port where the ship departs in a situation in which foreign, in it there is a checkpoint; otherwise, the ships concerned are obliged to stop for inspection in one of the ports of Galati, Leamington spa or Moldova Veche.
(3) control to the border of vessels under foreign flag flying in the area of the lower Danube, between the ports of Sulina and Brăila, shall be carried out, at the entrance to the port of Sulina, and at exit, in one of the ports of Braila, Galati, Tulcea and Sulina, or if those ports ships depart directly in foreign races. Control of ships sailing through the Danube-Black Sea Canal at the entrance to the port of Constanta-South, and the exit of the last port that ships depart directly in the race.
(4) in the port of Kuala Belait is controlled only those ships arriving in and departing from ports in foreign race New Delhi, Dwarka, Medgidia, Midia or Npp.
(5) control to the border shall be carried out on all vessels sailing through the port of Sulina Reindeer ports or Ismail. Are not subject to the control of Romanian and foreign ships that come from these ports and do not stop at a port, as well as ships and passenger Romanian flagged sailing between ports of Constanta and Sulina-Galaţi-Brăila into and out from the lower Danube.
(6) foreign flagged ships that sail downstream on the Danube inland waterways shall stop for control at the entrance to the land in the port of Giurgiu, the sailing upstream will stop in the port of Galati, and the output will stop for control in the last port of departure.
(7) foreign flagged ships that sail in transit without stopping on the Danube or Danube Canal-the Black Sea is not subject to control, except in case of violation of the border regime.
Article 41 (1) where in the rada failed port a vessel or on board a ship for a fire, rescue ships can go out in the rada to help, without being allowed to perform the control of the crossing. These situations are brought to the attention of the Chief of inspection by the port captaincy.
(2) When in port for a fire which endanger the safety of ships, they are allowed to exit from the port in the rada, without being allowed to perform the control border.
Article 42 1) seamen for crossing the border Control is carried out by dealing with the role of carnets de sailor and crew list presented by the ship's master.
(2) foreign Sailors have access to dry on the basis of permits issued for this purpose by the Chief of section.
(3) control and identification of seamen work to make officers and subofiteri you control point.
(4) in the case of Romanian goods, justified reasons, are bound to stationing in the rada, access to dry crew is allowed with the approval of the Chief of inspection. In this case control is executed after their entry into port and control of contracts is made at lowering sailor ashore.
Article 43 (1) naval Crews flying into port to which the rada on arrival has not been carried out for control of the crossing, they may be given access to medical care with your doctor on board, at the request of commanders of the ship and with the approval of the Chief of inspection.
(2) on the basis of the opinion of the competent public health bodies, foreign seamen landing in order to stay in one of the hospitals of the city port, approved by head of inspection at the request of the harbour master's Office.
Article 44 (1) foreign Seamen on ships in one of the ports, to move the service to another port or to another commune in Romania, in order to get connected with the diplomatic mission or consular office of the State to which they belong, shall be granted, on request, the entry-exit visa. The application for the visa shall be solved by the Charter or through navigation of the State Agency of the vessel times the chiefs control points. In the case of travel to other sailors are granted transit visa.
(2) the visas referred to in paragraph (1) are not necessary in the case of nationals of the States with the Mariners that Romania has concluded agreements on the abolition of visas or recognition of a seaman as the contracts of international travel documents.
Article 45 (1) the remaining Sailors in Romania after the departure of the ship will be sailing this agency in that State to resolve the situation. If the port does not exist, the head of the Agency inspection allows sailors leaving the country with other vessels.
(2) the passage of a ship's crew sailors in whose list are entered in the crew of another vessel, in one of the ports, to make the port captaincy or navigation of the State Agency of the vessel requesting the transfer with the reminder of the head the control point.
Article 46 (1) passenger ships under the flag of the Romanian or foreign flagged, as well as to passengers on cargo ships coming or leaving Romania, documentary checks shall be performed at the border on persons and goods at the landing and embarking on ships.
(2) access to foreign passengers to dry after a visa is allowed on the State border crossings, with the exception of citizens of States with which Romania has concluded agreements on the abolition of visas.
Article 47 Heads of diplomatic missions, consular posts, and international organizations in representatives heads found on Romanian territory, within the limits of the conventions to which the State is a party, with access to foreign trade ships flying the Romanian territorial waters or ports on the basis of identity issued by the license of the Ministry of Foreign Affairs.
Access to the members of the family of foreign seamen on ships in sailboat ports, sailing between ports of Constanta and Sulina Moldova Veche, may be made on the basis of passports or other documents of border crossing, at the request of the master of the ship and with the opinion of the Chief of inspection, under the same conditions as seafarers on the ship.
Article 49 (1) at airports for crossing the border control is done at the departure and arrival of aircraft in and out of racing. When due to force majeure, an aircraft transport international is unable to continue the race and transit travellers have no other immediate connections, they allow, upon request, access to the city until the departure of the first aircraft or to transit through the territory of Romania with other means of transport, on the basis of a transit visa granted by the inspection or, as the case , territorial formations of passports.
(2) If international voyages aircraft land because of force majeure at airports that are not intended for international traffic for border control, ensure the territorial formations of passports.
(3) Passengers in transit with Romania will not stop the checks are carried out if passports do not leave the airport. They shall be given by the competent organs of the Romanian airline boarding cards to race with that continue the journey.
Article 50 (1) Romanian and foreign military Planes and their crews when landing or taking-off from international airports are subject to the same rules.
(2) will be exempted from the military aircraft control people and communicated by the Ministry of national defense and the Ministry of the Interior.
Chapter 6 Access, circulation, and other activities in the border area in article 51 (1) access to the border area of Romanian citizens and foreigners will be allowed on the basis of identity documents.
(2) the access of persons in the gardens of the State border protection up to the border line is allowed on the basis of identity documents, with the prior approval of the Chief of the faction of Commander/local border Police.
(3) the access of persons to perform tasks beyond the coastal strip for the protection of the State border, in situations in which it is constituted in more depth, as well as in the Islands and the Island belonging to the Romanian State in the border waters, is only allowed through places and under conditions set by the head/police faction local commander of the Romanian Border.
(4) the access of persons to the Islands and island formation of new frontier is not allowed until affiliation determination thereof based on bilateral agreements concluded between the State and neighboring States.
Article 52 persons on board ships, as well as that of foreign seamen are allowed to dry in accordance with the rules laid down for inspection.
Article 53 In the ports there are formations of the Romanian Border police access to persons on board ships and foreign seamen to access are permitted by the police and capitaniile.
Article 54 (1) the movement of persons in the border area is permitted until the day gardens for protection of the State border, and at night, in addition to home villages or towns and municipalities, perimeter with or without transport media, but from a distance of 500 m from the gardens and the protection of the State border, with the exception of circulation on public roads and under the conditions laid down by the local public administration authorities with the prior consent of the Chief Commander of local/regional groupings of the Romanian Border Police.
(2) Whether persons, means of transport and machinery at night in the frontier zone, on depth of 500 meters from the coastal strip for the protection of the State border, in addition to the inner hearth and villages or towns and municipalities of the perimeter, are allowed under the conditions laid down by the local public administration authorities, with the prior consent of the Chief Commander of local/regional groupings of the Romanian Border Police.
Article 55 Flights planned and approved aircraft image run activities, leisure or sports related airspace in the border zone will be communicated to the General Inspectorate of Border Police, as appropriate, by the Staff of aviation and Anti-aircraft Defence or Civil Aviation Authority, within the time limits laid down by the regime of flight in the airspace.
Article 56 (1) Planting trees and shrubs in gardens and for the protection of the State border is prohibited.
(2) to strengthen the land is permitted the planting of trees in gardens and for the protection of the State border, where it is formed on the waterfront on the advice of local police formations of the Romanian Border.
Article 57 Any construction works in the outskirts of communes, towns and municipalities on a depth of 500 m from the border line, to dry, and border of the waterfront for the border, the interior, with the exception of the Black Sea coastline, will be carried out after obtaining all statutory approvals, including that of the General Inspectorate of the border Police.
Article 58 With the prior consent of the General Inspectorate of Border Police, on the depth of 500 meters from the border line to the inside, you can perform tasks such as: mining, exploitation of oil, gas, mineral water, thermal water, forest exploitation, gravel pits or quarries, reclamation works and irrigation, indiguirile, works or constructions on water rates construction of tourist facilities, and recreational or research and its prospects.
Article 59 the use of border waters for economic activities, leisure, fishing, bathing, beach, and supply for the watering of animals shall be established by the authorities of local public administration, with the prior consent of territorial formations of the Romanian Border Police.
Article 60 industrial fishing and sport in border waters and in the territorial sea shall be carried out in accordance with the law in places and in sectors determined by local public administration authorities, with the prior approval of territorial formations of the Romanian Border Police.
Article 61 (1) Boats and any other boat, with or without motive power, leisure, sports, fishing and "Lifeguard" will be recorded to the captaincy of the port or the local public administration authorities, where there are no captains.
(2) the boats and boats are kept in places determined by the local public administration authorities, in agreement with the bosses/territorial formations of the Police Commanders of the Romanian Border, taking steps by those who hold them, to prevent their use in illegal crossing of the State border or to the practice of smuggling.
Article 62 Trips to visit the economic objectives, historical or tourist, situated in gardens and for the protection of the State border, the Marina and the nautical competitions in border waters may be made with the prior approval of territorial formations of the Romanian Border Police.
Article 63 In border waters and territorial sea in ships of hikers, as well as any other ship or boat are not allowed to dock than in ports or other places specially designed for this purpose. In the event of force majeure, the mooring will be able to do at any point on the Romanian Bank, letting is the nearest territorial formation of the Romanian Border Police or police. The provisions of this article shall not apply to owners boats for Romanian citizens.
Article 64 (1) Hunting along the State border on the depth of 500 meters from the coastal strip for the protection of the State border, the border of the interior for land and to limit the land inundabil for water, border, is prohibited.
(2) Hunting prey animals organised, on depth mentioned in paragraph 1. (1), shall be permitted only by day at the gardens and the protection of the State border to the inside, based on the decisions of the local councils and with the prior consent of the Chief of the faction of Commander/territorial border Police.
Article 65 Grazing animals is allowed during the day until the coastal strip for the protection of the State border, and during the night up to 500 m from it, the interior in places determined by the local public administration authorities, together with territorial formations of the Romanian Border Police.
Article 66 Persons moving or carrying out various activities in the vicinity of the State border are forbidden: a) to cross the State border without legal documents or legal documents via other points in addition to those set out;
b) to shoot with the gun across the State border;
c) to damage or destroy the border signs, installations or technical means of protection of border police;
d) to illuminate the neighbouring territory;
e) to produce or to extend the boundary of fires in the strip of the State border protection;
f) to photograph, to film or to execute works of painting within the limits of the Strip for the protection of the State border, which render portions of the territory of neighbouring States;
g) to Exchange items and correspondence over the State border in out control points, little traffic and other places established by law;
h) to carry out activities that can be infested or polluted waters and the territorial sea border; I wear the unauthorized calls), by word of mouth, over the border line, commit acts, gestures or insulting expressions to address profereze neighboring state or its citizens.
Article 67 The contingencies during the actions of the Romanian Border Police and subordinated territorial formations, you can pause the access and activities near the border of the State settlements. These measures will be brought to the attention of authorities of local public administration, population, and economic and social units concerned in a timely manner.
Chapter 7 Responsibilities and sanctions Article 68 infringements of the provisions laid down in this law shall entail, as appropriate, disciplinary, material, civil, administrative or criminal law of a person.
Article 69 entry or exit from the country through illegal crossing of State power constitutes infringement and is punishable with imprisonment from 3 months to 2 years.
Article 70 If the smuggling was committed in order to circumvent the enforcement of punishment, the Act is punishable by imprisonment from 6 months to 3 years.
Article 71 (1) the Act is the person who guides or directs the racoleaza, another person for the purpose of fraudulent passage of the State border, as well as the organising this activity constitutes infringement and is punishable with imprisonment from one year to five years.
(2) If the Act referred to in paragraph 1. (1) concerns two or more times has sought to obtain money or other benefits, the punishment is imprisonment from 2 years to 7 years.
(3) the attempt shall be punishable.
(4) amounts or material assets acquired as a result of the Commission of this offence shall be forfeit.
Article 72 (1) is punishable with imprisonment from two years to seven years, if the deed does not constitute an offense worse, illegal crossing of State committed:) workforce or by attacking border guards, police or customs workers;
b) by two or more persons jointly or by persons inarmate;
c) for the purpose of removal from the country of certain goods from the national cultural heritage or of particular value, of the traficarii of arms, munitions, explosive or radioactive material, products and substances, psychotropic drugs, toxic times.
(2) the attempt shall be punishable.
Article 73 Are offences, whether criminal law is not regarded as offences, the following facts: a) output in the country trying through illegal crossing of the State;
b) pulling the weapon over the State border, damaging border signs destruction times, facilities or technical means of protection, monitoring and control of the Romanian Border Police, or expanding production of fires within the limits of the Strip for the protection of the State border;
c) bringing in Romania by freight shippers should be contacting air or road to foreign nationals without travel documents, visas or documents with false or hidden in the means of transport;
d) refusal of any form to allow border authorities visiting aircraft, Romanian or foreign ships, warehouses, barns and to other places of interest for border control;
It's a person's) refusal to give relations in order to establish his identity, to legitimize with identity documents or to submit to control baggage or means of transport, at the request of the Romanian Border police bodies;
f) infringements art. 42 para. (2) and (4) of article 3. 45 and 48;
g) infringements art. 51, 54, 56-57, 60-65, and of art. 66 lit. d), (f)) and i).
Article 74 (1) Offences under article 4. 73 shall be imposed as follows: contravention of prison) from 15 days to 3 months, or with fine from 2,000,000 to 5,000,000 lei lei, the white and rosé wines. the a and b));
b) fine from 3,000,000 15,000,000 lei lei, the white and rosé wines. c);
c) fine from 2,000,000 to 6,000,000 lei lei, the white and rosé wines. f);
d) fine from 1,000,000 to 3,000,000 lei lei, the white and rosé wines. d) and (e));
e) with fine of 100,000 lei to 500,000 lei, the white and rosé wines. g). (2) the provisions of this law shall be supplemented by the provisions of law No. 32/68 on the establishment and sanctioning violations, with additions and amendments. Except offences covered by paragraph 1. (1) (a). b) and (c)), which applies the provisions of art. 25-27. Article 75 (1) the Offences referred to in articles. 73 are found and penalties shall apply according to the law, by the Romanian Border Police backgrounds.
(2) in the case of sanctions with fines, offender may make the complaint within 15 days of the submission of the report in respect of the contravention, the Court, in accordance with the law.
(3) in the case of offences referred to in articles. 73 lit. the a and b)), if the operator considers that the claim is sufficient penalty of fine, applied fine.
(4) otherwise, the minutes of the contravention shall be sent forthwith to the Court in whose territory it was committed that offence; the judgment handed down by the Court may apply for a review within 24 hours of delivery, if the infringer was present at the debate, or the communication, if it was failing.
Article 76 of the amounts resulting from fines imposed under art. 74, as well as from the sale of property subject to confiscation of contraband, a quota of 50% will return the territorial police faction of Romanian Border belongs to the claim agent. This amount shall be withheld in their entirety as extrabudgetary income, on a permanent basis, and will be distributed as follows: 20% for awarding individuals who have found committing the offence, and 80% for the financing of capital expenditures and materials.
Article 77 the fines applied to foreign individuals and may be paid in convertible currency, by converting the fines from Lions in convertible currency at the official exchange rate in force on the date of the contravention.
Article 78 (1) air freight shippers should be contacting or Rails, which bring in Romania the individuals as provided in article 11. 73 lit. (b)), will bear the costs incurred by the State for the maintenance and return to their home countries following in times where there were sailboat toward the Romanian State.
(2) the return or boarding to individuals referred to in paragraph 1. (1) shall be made, if necessary, at the expense of the State on whose territory these people illegally entered the territory of Romania or the expense of transportation companies that have accepted them on board the means of transport belonging to them, without having legal, if bilateral regulations provide otherwise.
Chapter 8 final provisions Article 79 (1) Buildings it operates checkpoints and land thereto, which constitute the public domain of the times and are receiving private domain of the Ministry of Interior or, where appropriate, of other central institutions of the time of legal person of State capital, mixed or private place, free of charge, available to other bodies and authorities with the relevant checkpoints.
(2) in the event that the temporary crossing shall be carried out by other points which are not open to international traffic in people and goods, the applicant shall ensure appropriate conditions for carrying out the control for crossing the border, as follows: transport, accommodation and travel allowance.
Article 80 the rules on how to conduct and control behaviour of the staff involved in control points of the State border shall be determined by regulation of the Ministry of Interior together with interested central bodies, taking into account international standards in this area.
The provisions of article 81 of the law No. 32/68 on the establishment and sanctioning offences apply correspondingly in so far as this law does not provide otherwise.
Article 82 (1) in furtherance of the organized system of security officials, supervision and control of crossing the State Border Police ensuring their Romanian staff needed from graduates of the educational institutions of the Ministry of Internal Affairs, personally selected and transferred from other institutions and experts called in frames.
(2) in addition to the General Inspectorate of the border Police and territorial formations subordinate can operate according to the law, sanitary units, companies, clubs, rest homes, nursing homes and cultural associations-sports.
Article 83 (1) in exercising the functions of the service staff of the Romanian Border Police is invested with the exercise of official authority and enjoy special protection under criminal law.
(2) in the case of crimes committed against husband/wife times staff referred to in paragraphs 1 and 2 children. (1) for the purpose of intimidation or retribution for actions taken in the performance of job duties, limits the maximum sentences provided for in the penal code shall be increased by 2 years.
Article 84 (1) of the husband/wife and children of the Romanian Border Police personnel died during or in connection with the service shall be granted a pension equal to full on loser had it at the time of death, and, once, a monetary compensation of 15 times the basic result in the death of the neta.
(2) where the Romanian Border police personnel had no children and no husband/wife survivor/survivor and was the sole supporter of his parents lacked sufficient means of existence, they will receive half of the survivor pension determined according to paragraph 1. (1) and, once, a helper in six monthly taxable solde.
(3) the staff of the Romanian Border Police who had lost a total of working capacity during and in connection with the service will receive, in addition to the rights arising from retirement, once a financial aid equal to 12 times the anticipated result in full last month.
(4) the Romanian Border Police Staff who lost partly working capacity in the course of or in connection with the service and can no longer exercise the duties of the professional will benefit from a pension equal to the anticipated result last month full of activity, financial aid equal to 12 times the anticipated result last month full of activity, as well as the right to aggregate salary pension for another activity.
(5) in the case of conscripts based on the calculation of the pension is the result of militarului hired on a contract basis.
Article 85 article. 84 shall apply in the case of staff who participated in actions of cooperation, with a view to performance of tasks.
Article 86 if the persons referred to in art. 84, subjected to ill-treatment or threats, as a means of intimidation or retaliation, the Interior Ministry is obliged to provide operative support in order to remove threat, catching and the liability of vinovatilor.
Article 87 Interior Ministry will advance the amounts needed to cover the damage suffered by the Romanian Border police staff and members of his family, under art. 84, to recover them from the guilty persons according to the law.
Article 88 the components of armed forces cooperating with the Romanian Border Police and taking cases that under art. 84 ensure amounts needed to cover the material damage suffered by servicemen and members of their families.
Article 89 of the Romanian Border Police Staff, working in conjunction with the guard, supervision and control of crossing the State, receive an allowance of border of up to 20% of the result or in base salary.
Article 90 of the Romanian Border Police Personnel, crew on board vessels or aircraft for the purpose of performance of tasks of security, monitoring and control of crossing the State, receive extra allowances provided by law for the crew.
Article 91 of the Romanian Border Police Staff, moved to the interests of the service to another garrison than that in which he has his domicile, in a situation where it will not be able to provide appropriate living space, is entitled to a monthly allowance for rent. Its value is determined by the Minister of the Interior.
Article 92 the Finance Ministry will take measures for the introduction of appropriate changes in financial and economic indicators of the Ministry of national defense and the Ministry of the Interior, on the basis of the proposals of these ministries.
Article 93 (1) this law shall enter into force 15 days after publication).
(2) is repealed on the same date art. 3 of Decree-Law No. 12/1990 on the repeal and amendment of certain provisions of the penal code and of the code of criminal procedure, the Decree-Law nr. 45/1990 on the legal regime of the State border of Romania, as well as any other provisions to the contrary.
Note according to art. II-VI of the Emergency Ordinance of Government No. 80/1999: article II together with the entry into force of this emergency Ordinance areas of land and water constructions, piers, piers and associated installations belonging to the public domain of the State, the territorial formations of the Romanian Border Police, Ministry of Interior administration. Within 60 days after the entry into force of this emergency Ordinance will conclude teaching protocols.
Article III after the entry into force of this emergency Ordinance shall establish Romanian Frontier Police, led by the General Inspectorate of Border Police, through the takeover of National Command structures and flocks of border guards and border police Directorate within the General Directorate of border police, aliens, migration issues and passports, which exercise their powers in accordance with the provisions of this Ordinance.
At the same time the coast guard is set up in the structure of General Inspectorate of Border Police, through the acquisition of units of granicereasca Navy sea and river within the National Headquarters of the border guard and the naval transport Police stations within the General Inspectorate of police, established by order of the Minister of the Interior.
Article IV the organisational structure of the Romanian Border Police shall be determined by order of the Minister of the Interior, within 15 days from publication of this emergency Ordinance in the Official Gazette of Romania, in compliance with the provisions of law No. 39/1990 concerning the establishment, organization and functioning of the Supreme Council of Defense of the country.
Article V entry into force of this emergency Ordinance shall repeal the provisions of art. 17 para. (3) of law No. 141/1997 regarding Romanian customs code published in the Official Gazette of Romania, part I, no. 180 of 1 august 1997.
Article VI entry into force of this emergency Ordinance the term border guard of the normative acts in force will be replaced by the phrase border policeman, and the phrase the general direction of border police, aliens, migration issues and passports will be replaced by the phrase General Directorate of passports, foreigners and migration issues.
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