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Law No. 56 Of 4 June 1992 On The State Border Of Romania

Original Language Title:  LEGE nr. 56 din 4 iunie 1992 privind frontiera de stat a României

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LEGE no. 56 56 of 4 June 1992 (* republished *) on the state border of Romania *)
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 396 396 of 24 August 2000



Note * *) Republicated pursuant to art. II of Law no. 98/2000 on approval Government Emergency Ordinance no. 80/1999 to amend and supplement Law no. 56/1992 on the state border of Romania. Law no. 56/1992 was published in the Official Gazette of Romania, Part I, no. 126 126 of 9 June 1992, and has been amended by Government Ordinance no. 55 55 of 19 August 1994 , published in the Official Gazette of Romania, Part I, no. 242 242 of 29 August 1994 (approved by Law no. 129 129 of 20 December 1994 , published in the Official Gazette of Romania, Part I, no. 354 354 of 21 December 1994) and by Government Emergency Ordinance no. 80 80 of 4 June 1999 , published in the Official Gazette of Romania, Part I, no. 275 275 of 16 June 1999 (approved and amended by Law no. 98 98 of 2 June 2000 , published in the Official Gazette of Romania, Part I, no. 256 256 of 8 June 2000). + Chapter 1 General provisions + Article 1 Romania's state border divides the territory of the Romanian state from the territories of the neighboring states and the territorial sea of Romania by the contigu At the same time, the state border delimits vertically the airspace and the basement of the Romanian state by the airspace and the basement of the neighboring states + Article 2 (1) The state border of Romania shall be established by law, in accordance with the provisions of the international treaties and of the agreements concluded between the Romanian state and the neighboring states and can only be amended by law. (2) Romania's state border is inviolable. + Article 3 (1) The state border of Romania is marked, as a rule, in the field, through border signs, whose topogeodetic data are provided in the demarcation documents concluded between the Romanian state and the neighboring states. (2) In order to maintain the visibility and ensure the protection of the border signs, the border corridor is constituted, the width of which is agreed by the Romanian state with each of the neighboring states. The activities of cleaning and maintenance of border lanes shall be carried out under the direct supervision of border guards. + Article 4 (1) For the execution of security, surveillance and control of the crossing of the state border shall be a) The state border protection strip, with a width of 20 m starting from the state border line, for the land border, and from the limit of the flood land, for the water border, to the inside. The Black Sea coast, the lagoon sector, the Danube ports, the communication routes and the hydrotechnical works located at the border are exempted. In the places in the immediate vicinity of the state border, in which the lands are swampy, subject to erosion or avalanches, the strip of protection of the state border is constituted more in depth. The areas of land between the state border protection strip and the border lane or the waterfront shall be administered by the natural or legal persons to whom they belong, in compliance with the norms of this law. The state border protection strip is part of the public domain of national interest and is administered by the Romanian Border Police. The inner limits of the state border protection strip will be marked through the care of the Romanian Border Police. b) The border area, made up of the territory of the communes, towns, municipalities, which, according to the administrative organization of the territory of Romania, are located near the state border, the Black Sea coast, the lagoon sector on a deep km from these to the inside. The localities included in the border area, except for tourist resorts on the Black Sea coast, will be registered, on the panels with their name, the mention in Romanian "Border Locality" and will be brought to the attention of the population through the prefects ' care. (2) In the strip of protection of the state border and in the border area the border police have the right to circulate, to install security posts and means to ensure the security, surveillance and control of the passage of the state border, except land with private law regime. In particular situations the border police can extend their duties in the exempted areas, with the prior notice of those who have them in the property or in administration. + Chapter 2 Legal regime of the Romanian state border + Article 5 (1) The legal regime of the Romanian state border includes all the norms stipulated in the internal legislation, which concern the state border, the conduct of various activities in the border area, the border waters, the inland maritime waters and the territorial sea. ((2) Ensuring compliance with the legal regime of the Romanian state border, the sovereign rights of the Romanian state in the contiguous area and in the exclusive economic zone lies with the Ministry of Interior through the Romanian Border Police and other institutions ability by law, in accordance with the provisions of the relevant legislation. (3) The Romanian Border Police has in the structure the General Inspectorate of the Border Police, as a central unit, comprising the Coast Guard and subordinate territorial structures. + Article 6 (1) The crossing of the state border of Romania by persons, means of transport, goods and other goods is done through the border crossing control points, open to international traffic, hereinafter referred to as checkpoints. (2) The passage of the Romanian state border can be done through other places, under the conditions established by agreements and agreements between Romania and the neighboring states. (3) The opening of new control points or the temporary or final closure of the existing ones is approved by Government decision. (4) The Romanian Government will release the list of control points for crossing the border, open to international traffic, traffic points and simplified crossings. (5) The occasional opening of some control points, in order to carry out activities of a festive or religious character, as well as their closure are within the competence of the Romanian Border Police. + Article 7 (. The border control of persons, means of transport, goods and other goods entering or leaving the country shall be organized and carried out at the checkpoints. (2) The crossing of the state border through the checkpoints is carried out under the conditions provided for in this law. + Article 8 (1) The control carried out at the crossing of the Romanian state border is aimed at verifying and finding the fulfilment of the conditions established by law for the entry and exit of persons, means of transport, goods and other goods. (2) The control bodies at the crossing of the Romanian state border bear the full responsibility for the strict application and observance of the provisions regarding the entry and exit from the country of persons, means of transport, goods and other goods, as well as for the smooth running of international traffic and the service of passengers, in accordance with the legal provisions. + Article 9 The rules of operation and maintenance on bridges, railways and roads, communication lines and border waters that intersect the state border line or have a common axis with it are established by agreements concluded by the Romanian state with neighboring states. + Article 10 In order to solve the problems resulting from bilateral border agreements are called, by Government decision, border representatives/empowers, their deputies and their helpers, as well as the Romanian delegates in the joint committees intergovernmental among the officers of the Romanian Border Police and officials of other interested institutions. + Chapter 3 Tasks of the Romanian Border Police + Article 11 Security, surveillance, control of the state border crossing, as well as surveillance, control and jurisdiction in the inland waters of the Danube, Danube Delta contained in the border area, inland sea waters, territorial sea, contiguous area and in the exclusive economic zone of Romania is exercised by the Romanian Border Police. + Article 12 The Romanian Border Police has the following main tasks: a) execute security, supervision and control of the crossing of the Romanian state border, prevent and combat illegal crossings over the border, smuggling and any violation of the legal regime of the state border; b) supervises the border waters, the inland waters of the Danube, the Danube Delta contained in the border area, the inland sea waters, the territorial sea, ensure the rights and jurisdiction of the Romanian state in the contiguous area and in the exclusive c) supervise the airspace adjacent to the state border and territorial sea; d) ensure the application of the provisions of the treaties, agreements, conventions and border protocols, concluded by Romania with the neighboring states; e) provide supervision, control and maintenance of border signs; f) organizes and carries out cooperation for security, surveillance and control of the state border crossing with similar organs of neighboring states, according to bilateral agreements; g) make proposals on the appointment of border representatives/representatives and their deputies, as well as of the Romanian delegates, in the intergovernmental joint border commissions; h) acts for the discovery, detention and investigation, under the law, of persons who commit crimes or contraventions to the legal regime of the state border; i) take measures to enforce and comply with border legislation; j) coordinate the activities of the personnel of the other institutions that, according to the law, operate in connection with the crossing of the state border and ensure the correct performance of the duties by the entire staff from the point control for crossing the border; k) carry out the control of travel documents for the crossing of the state border through the checkpoints, traffic points and simplified crossings, issued by the Romanian authorities, as well as those issued by the foreign authorities, recognized or accepted by the Romanian state, concurrently with the smooth, correct and civilized development of passenger and freight traffic; l) ensure the control of the passage over the state border, under the law, of weapons, ammunition, panoply and self-defense weapons, their ammunition, explosive substances and devices loaded with toxic substances or radioactive; m) prohibits the crossing over the state border of persons given in general or international pursuit, based on the information and requests transmitted by the bodies in law, including those of collaboration externally; n) grant, as an exception, the entry and transit visa, depending on the purpose of the journey of persons, with or without tax exemption or with its reduction, according to the regulations in the matter; o) prevent and combat acts specific to cross-border crime; p) ensure the control and supervision of the means of transport and defend public order at the checkpoints; r) executes any other duties established by law. + Article 13 (1) For the performance of their duties, the Romanian Border Police shall cooperate with the other units and formations of the Ministry of Interior, with the units of the Ministry of National Defence and other institutions with competence in the field of order public and national security. It also carries out the cooperation with the other ministries and authorities of the central and local public administration with powers in the field of ensuring compliance with the legal regime of the state border, the legal regime of maritime waters inland, territorial sea, contiguous zone and exclusive economic zone, as well as customs authorities, for specific actions in the special customs area. It can also collaborate, on the basis of prior agreement, with any legal or physical person. (2) In the case of maritime or common river actions of coast guard vessels with those of the military Navy of the Ministry of National Defence, the latter will have on board a coast guard officer and will fly the distinctive flag of the coast guard. its. In these circumstances, the Navy ship is granted the authority and the rights of the Coast Guard. (3) The port and customs authorities will inform the territorial structures of the General Inspectorate of the Border Police about the ships that have the legal approvals of exit/entry to the ports in which they operate. + Article 14 In the border area, border guards in the exercise of their duties, according to the law, are entitled: a) to control the identity documents of persons and to proceed, if necessary, to identify them; b) to stop and control the means of transport; c) to research areas of land, communication paths and isolated constructions; d) to stop, to drive to the headquarters of the territorial structures of the Romanian Border Police and to investigate, under the law, the persons about whom there is information or evidence that they committed criminal or contravention acts in connection with the state border and control their clothing and luggage; e) to establish, together with the local public administration authorities, specific mandatory measures of temporary nature, regarding the security, supervision and control of the passage of the state border, which do not contravene the law and which will be brought to the attention of citizens through the care of prefects and mayors; f) to use any means of transport and telecommunications, regardless of the owner or holder-natural or legal person-, except those belonging to the diplomatic or consular Corps, for taking legal measures that do not suffer postponement and that cannot be brought to fruition otherwise. The expenses occasioned by the use of these means will be paid, later, at the request of the owners and will be borne from the funds of the Romanian Border Police, to be recovered, according to the law, from the persons who determined Intervention. + Article 15 For the performance of duties, in the border waters, inland waters of the Danube, Danube Delta contained in the border area, inland sea waters, territorial sea, contiguous area and in the exclusive economic zone, Police personnel The Romanian Border is entitled: a) to verify compliance with the legal regime of the Romanian state border; b) to supervise the activities carried out in the border waters, the inland waters of the Danube, the Danube Delta contained in the border area, the inland sea waters, the territorial sea, the contiguous area, the exclusive economic zone and in the airspace adjacent to them; c) to prevent and combat the attempts of illegal crossing and smuggling across the state border into the border waters, inland sea waters and territorial sea; d) to discover and prevent piracy; e) to regularly control the position and integrity of the border signs; f) to stop, retain, control and conduct for research, in Romania's ports, ships, boats and persons who violated the legal regime of the state border, the sovereign rights of Romania in the contiguous area or in the area exclusive economic; g) act to stop and control any suspicious vessel, upon request or on its own initiative, if information is held on the involvement of the vessel in illegal activities carried out in the border waters, the inland waters of Danube, Danube Delta contained in the border area, inland sea waters, territorial sea, contiguous area and in the exclusive economic zone of Romania, immediately informing the other institutions with competence in the field. The full liability of the consequences arising from the unjustified shutdown of the ship shall be the h) to prevent and combat any illegal activity carried out in the border waters, inland waters of the Danube, Delta Denarii contained in the border area, inland sea waters, territorial sea, contiguous area and in the exclusive economic zone, which would affect the interests and sovereignty of the Romanian state, immediately informing the competent Romanian authorities. + Article 16 In order to fulfill their duties, the personnel of the Romanian Border Police can use ships, boats, helicopters, motor vehicles and other means of transport. They will bear the sign and inscription of the weapon on the ships ' borders and on the sides of the vehicles, which will also be provided with gyros. Motorcycles of any type will have such inscriptions on the petrol tank and will be provided with gyros. + Article 17 (1) In order to combat the criminal phenomenon the specialized personnel of the Romanian Border Police has the right, under the law, to collect, store, process, use and exchange data and information necessary for the performance of duties with other state authorities with powers in the field of defence, public order and national security. (2) It also organizes and carries out the exchange of data, information and collaborates with the border authorities of other states or with international organizations, based on the bi-or multilateral agreements concluded in this regard. (3) In order to carry out the security, surveillance and control missions of the state border crossing, the personnel of the Romanian Border Police can retain and investigate, under the law, the persons who committed crimes or about which there are Thorough indications that they have committed such acts outside the border area. + Article 18 The personnel of the Romanian Border Police, in the exercise of their duties, may retain, under the law-in the border area, the border waters, the inland waters of the Danube, the Danube Delta contained in the border area, the waters inland sea, territorial sea, contiguous area and exclusive economic zone-persons who have committed other criminal or contravention acts than those provided in art. 14 lit. d) and art. 15 lit. c) and d), immediately handing over to the competent bodies, together with the retained objects, the material means of proof and the works carried out. + Article 19 (1) For the performance of the duties, the personnel of the Romanian Border Police, in relation to the nature and the degree of resistance of the person who committed an illegal act, may use, as the case may be, the physical force, the specific means provided, including service dogs, and takes the measures provided by law against it, in connection with the establishment of identity, detention, discovery and preservation of evidence. (2) When the use of other means of preventing or coercion is not possible, the personnel of the Romanian Border Police may use the armaments provided by the law. + Article 20 To stop and detain ships and boats that have violated Romania's domestic legislation in national navigable waters, in the contiguous area and in the exclusive economic zone, as well as those who try to flee from under escort, ships and Coastal Guard craft may use the onboard or individual equipment, in the following situations: a) for the summons to stop and detain ships and boats; b) directly, without notice, against ships and boats in certain situations provided for in this Law. + Article 21 (1) The execution of the fire with the armaments, with summons, shall be carried out as follows: a) after the legal summons transmitted by all means of radio, optico-visual and acoustic communication have been exhausted, and the ship or the tracked craft continues to ignore them, the commander of the coast guard vessel shall proceed to the execution of the fire of warning, under the conditions established by this law; b) if, after the execution of the legal notice and the warning fire, the ship in question does not obey, the board armaments will be used, after having previously been warned its crew to travel to the front of the ship, by the summons: "Leave the stern, we will open fire in full!". After he was convinced that the warning was understood, the coast guard ship would open fire in full from a small distance on the rear part of the tracked ship, looking for as much as possible hitting the powertrain. (2) The entire liability for non-compliance to the summons and for the consequences arising from ignoring the warnings of the coastal Guard vessels lies with the commander or legal replacement of the commander of the wanted vessel. + Article 22 Coast guard ships can execute fire with board armaments, without summons, in the following situations: a) against foreign ships attacking Romanian ships; b) against tracked vessels which fire back or manoeuvre in such a way that the security of the coast guard vessel is endangered; c) against submarines or other foreign submersible vehicles navigating the territorial sea in immersion or periscopic quota; d) against foreign vessels attacking other vessels in national navigable waters; e) against foreign ships carrying out actions that endanger the security of artificial islands, submarine pipelines and cables, port facilities, seaside economic localities and objectives and those located on the coast. the banks of the border waters; f) against armed groups that enter Romania's national navigable waters and fight back or try to fight back with firearms. + Article 23 (1) The coast guard ships execute the warning fire and the fire in full, so as to avoid the gunshot violation of the territory of a neighboring state. (2) After the execution of the fire in full or in the event of an approach, the commander of the coast guard vessel shall comply with the international regulations on the rescue of human life at sea or on the river. + Article 24 In the case of boats or other floating means of small size, the execution of fire with or without notice will be carried out in compliance with the regulations on the regime of firearms and ammunition and the provisions of this law. + Chapter 4 Organisation and operation of border crossing checkpoints + Article 25 The checkpoints for the passage of the Romanian state border, the small traffic points and simplified crossings are organized and operated under the General Inspectorate of the Border Police. + Article 26 (1) In the checkpoints it operates and personnel belonging to the Ministry of Finance, Ministry of Transport, Ministry of Health, Ministry of Agriculture and Food, Ministry of Industry and Commerce, Authority National for Tourism and other central bodies to which tasks are assigned, according to the law, in these places. (2) The duties of the personnel subordinated to the ministries and bodies referred to in par. (1) shall be determined by their management, in accordance with the law. + Article 27 The ministries and central bodies to which tasks are assigned, according to the law, in the control points collaborate and respond, within the limits of legal competences, to the smooth conduct of passenger traffic, means of transport, goods, other goods, as well as securing the state border guard in these places. + Article 28 (1) The head of the border crossing control point is designated, by order, by the General Inspectorate of the Romanian Border Police. It leads, coordinates and responds to the entire activity at the checkpoint, according to the law. (2) The head of the checkpoint shall verify and take the legal measures for the correct performance of the duties by the personnel at the checkpoint. ((. Access to the area of responsibility for carrying out border control shall be determined by the head of the inspection post. (4) The personnel with control tasks of the General Inspectorate of the Romanian Border Police and the head of the border crossing control point may order the overcontrol, after the end of the border control, both at exit and entry into the country. (5) The personnel of the Romanian Border Police are obliged to notify ex officio the violation of legal duties in the field of control at the crossing of the state border by persons belonging to the institutions provided in art. 26 26 para. ((1). + Article 29 For the control and supervision of the means of transport at the crossing of the state border, military personnel may also be used in term or contract-based employees + Chapter 5 Carrying out border crossing control + Article 30 (1) Control for the crossing of the Romanian state border shall be carried out in teams consisting of personnel of the control points. The head of the control team is an officer or petty officer of the border police. (2) In the port control points, the control team shall also include the representative of the port of the port. A date with the control team has access to cargo ships and representatives of the chartering agency, as well as other authorized persons. (3) In the airport checkpoints, a representative of the Romanian transport airlines is also part of the control team. + Article 31 (1) The control of passports and other documents for the crossing of the Romanian state border, issued by the Romanian authorities, as well as those issued by the foreign authorities, recognized or accepted by the Romanian state, according to the law, shall be made by to officers and sub-officers appointed by the head of the checkpoint. (2) In cases where it is found that the travel documents do not meet the conditions provided by law to entitle their holders to enter or leave the country or there are suspicions about the authenticity of the documents, the head the control point will immediately provide for clarification measures with a maximum urgency of the situation of the persons concerned. (3) The head of the control point may interrupt the journey of persons with regard to which it was made the finding that the requirements provided by law for the crossing of the Romanian state border are not met. + Article 32 Customs control of goods, luggage, parcels and other goods on persons is made, after carrying out the control of documents for the passage of the state border, by the customs personnel of the control teams, according to legal regulations relating to the customs procedure. + Article 33 (1) Sanitary-human, veterinary and phytosanitary control shall be carried out, according to the legal regulations, by the personnel designated by the Ministry of Health and by the Ministry of Agriculture and Food. (2) The Ministry of Agriculture and Food together with the Ministry of Transport may establish, for the traffic of animals, animal and plant products, the passage only through some control points, depending on the volume of traffic, the situation epizootic, epiphygias, veterinary and phytosanitary conventions concluded with other states. (3) Depending on the situation of epizootic and epiphysities, the Ministry of Agriculture and Food may prohibit animal trafficking, as well as animal and plant products over the state border, informing about this other central organs Interested. (4) The measures for health protection at the state border shall apply, according to the legal regulations, to all persons, means of transport, goods and other goods, regardless of their origin and destination. People who do not obey these measures are not allowed to cross the Romanian state border. (5) In the case of diseases that require the establishment of quarantine, in situations that do not suffer postponement, the Ministry of Health shall take the first measures of prevention and control, which it immediately communicates to the Ministry of Agriculture and Food, and Trade, National Tourism Authority, Ministry of Interior, Ministry of National Defence, Ministry of Foreign Affairs and Ministry of Transport. (6) Sanitary-human control of ships and aircraft must precede the control of state border crossing documents and customs control. + Article 34 (1) The passage of the state border by individuals of hunting, shooting and ammunition weapons for them, as well as panoply weapons is only allowed if these weapons and ammunition are inscribed in the border crossing documents. state by the bodies that issued them or granted the Romanian visa or the organs in the checkpoints. (2) Travellers who come to Romania and have on them weapons and ammunition, other than those provided in par. (1), have the obligation to submit them to the border police. ((3) The attendants of foreign delegations at the level of heads of state or at governmental level, as well as the military may have on them and may introduce in the country self-defense weapons and related munitions, on the basis of reciprocity, if they are notified through the Ministry of Foreign Affairs and the Ministry of National Defence or the Ministry of Interior respectively. + Article 35 (1) The hunting arms, the shooting, the munitions for them, as well as the panoply weapons on passengers in transit through Romania, which they declared, shall be sealed upon entry into the country by the customs personnel. (2) During transit, travellers are prohibited from alienating weapons and ammunition or breaking the seals applied. When leaving the country, the integrity and authenticity of the seals are checked and if the identification data of weapons and ammunition correspond to those registered in the state border crossing document. If the seals are not intact or the data does not correspond to those entered in the state border crossing document or the weapons and ammunition have been fully disposed of or in part, the travellers concerned are allowed to cross the border only with prior approval of the General Inspectorate of the Border Police. (3) The transit through Romania of hunting or shooting weapons and corresponding ammunition, belonging to foreign legal entities, is done with the prior approval of the General Inspectorate of the Border Police. + Article 36 (1) Weapons and munitions provided in art. 34 34 para. (1) and (2), which have not been declared, as well as other weapons or ammunition discovered on the occasion of the control for the crossing of the state border shall be withheld for confiscation and shall be handed over, on the basis of minutes, to the police inspectorate of the county on whose radius is the checkpoint. (2) The continuation of the journey of the person on whom the weapons and ammunition subject to confiscation have been discovered can be done with the approval of the General Inspectorate of the Border Police, under the law. + Article 37 Art. 34-36 shall also apply in the case of other explosive substances, biological materials with mass contamination potential, narcotic and psychotropic substances, and devices loaded with toxic substances or radioactive on persons or, as the case may be, in the means of road, rail, naval or air transport, which cross the Romanian state border. + Article 38 The control of cars, buses, coaches, railcars and other means of road transport, which enter or leave the country, are carried out at road control points. + Article 39 Control for the border crossing of trains is carried out at the border station or along the way between the border station and an indoor station. + Article 40 (1) The control for crossing the border of the ships entering or leaving the Romanian ports in external flights shall be carried out at the port control points. The Romanian and foreign military ships, as well as their crews, communicated by the Ministry of National Defence and the Ministry of Interior, are exempted from control. ((2) Control for the border crossing of vessels to stop at ports situated on the Danube, in which no control points operate, shall be carried out in the first port located upstream or downstream of this port, in which a point is operated. Control. At the exit the control is carried out in the port where the ship leaves in the external race, in the situation when in it there is a checkpoint; otherwise, the respective ships are obliged to stop for control in one of the ports of Galati, Sulina or Old Moldova. ((3) The control for crossing the border of foreign-flagged ships, sailing in the Lower Danube sector, between the ports of Sulina and Braila, is carried out, at the entrance, in the port of Sulina, and at the exit, in one of the ports of Braila, Galati, Tulcea or Sulina, if from these ports the ships leave directly in external flights. The control of the ships sailing through the Danube-Black Sea Canal is carried out at the entrance to the Port of Constanta-South, and at the exit, in the last Romanian port from which the ships leave directly (4) In the port of Cernavoda only those ships arriving or departing from the ports of Basarabs, Alba Gate, Medgidia, Midia or Cernavoda are controlled. (5) The border crossing control shall be carried out on all ships sailing through the port of Sulina to the ports of Reni or Ismail. Romanian and foreign ships coming from these ports are not subject to control and do not stop in a Romanian port, as well as goods and passenger ships under the Romanian flag sailing between the ports of Constanta-Sulina-Galati and Braila at the entry and exit of the Lower Danube sector. (6) Foreign-flagged ships sailing downstream on the inland Danube will stop for control when entering the country in the port of Giurgiu, those sailing upstream will stop in the port of Galati, and for the exit will stop for control in the last port from which he leaves (7) Foreign-flagged vessels sailing in transit without stopping on the inland Danube or on the Danube-Black Sea Canal shall not be controlled, except in cases of violation of the border regime. + Article 41 (1) Where a fire has failed in the port or on board a ship, a fire has broken out, rescue vessels may be able to escape for aid without being checked for the crossing of the border. These situations are brought to the attention of the head of the control point by the port captain. (2) When a fire has broken out that endangers the safety of ships, they are allowed to leave the port in laughter, without being carried out control at the border crossing. + Article 42 1 1) The control of the sailors for the crossing of the border shall be carried out by the confrontation of the sailor's carnets with the role and crew list (2) Foreign sailors have access to land on the basis of permits issued for this purpose by the head of the checkpoint. (3) Control and identification of sailors on the job shall be done by officers and non-commissioned officers of the checkpoint. (4) In the case of Romanian goods transport vessels which, for justified reasons, are obliged to be stationed in the port shave, the access to dry of the crew is allowed with the approval of the head of the control point. In this case the control of the ships is executed after their entry into the port, and the control of the sailor's carnets is carried out on the land + Article 43 (1) Naval crews in the port's shave, on which the border crossing has not been carried out on arrival, can be provided with medical assistance with the access of the doctor on board, at the request of the ship commanders and with the approval of the chief Control point. (2) On the basis of the opinion of the competent health bodies, the landing of foreign sailors, for admission to one of the hospitals of the port city, is approved by the head of the control point, at the request of the port capitania. + Article 44 (1) Foreign sailors on ships in one of the Romanian ports, who are to travel for work in another port or in another locality on the territory of Romania, to get in touch with the diplomatic mission or the office consular of the state to which it belongs, are granted, upon request, the entry-exit visa. The visa application shall be resolved by the chartering agency or by the navigation agency of the state to which the ship belongs or the heads of the checkpoints. In case of movement of sailors to other states the transit visa is granted. (2) The visas provided in par. (1) are not necessary in the case of sailors citizens of the states with which Romania has concluded agreements on the abolition of visas or the recognition of sailor cards as international travel documents. + Article 45 (1) The sailors remaining on the territory of Romania after the departure of the ship will be present at the navigation agency of that state, in order to solve their situation. If there is no sailing agency in the port town, the head of the control point allows sailors to leave the country with other ships. ((2) The crossing of the sailors from the crew of a ship in whose list are registered in the crew of another foreign ship, located in one of the Romanian ports, shall be made by the port's capitania or by the navigation agency of the state to which the vessel belongs which request the transfer, with the notice of the head of the checkpoint + Article 46 (1) In passenger ships under the Romanian flag or foreign flag, as well as passengers on cargo ships coming or departing from Romania, the control of documents at the border crossing shall be carried out on persons and goods at landing and embarking on ships, respectively. (2) The access of foreign passengers to land is allowed after obtaining the visa on the state border crossing document, except for citizens belonging to the states with which Romania has concluded agreements on the abolition of visas. + Article 47 The heads of diplomatic missions, consular offices, as well as heads of representatives of international organizations located on the territory of Romania, within the limits of the conventions to which the Romanian state is a party, have access to foreign trade vessels in Romanian ports or territorial waters on the basis of the identity card issued by the Ministry of Foreign Affairs. + Article 48 The access on board of family members of foreign sailors embarked on ships in Romanian ports, which sail between the ports of Constanta, Sulina and Moldova Veche, can be done on the basis of passports or other passing documents. the border, at the request of the master of the ship and with the opinion of the head of the control point, under the same conditions as the sailors + Article 49 (1) At airports the border crossing control is made upon the departure and arrival of aircraft in and out of international flights. When due to force majeure an international transport aircraft cannot continue its race and journeys in transit have no other immediate links, they are allowed, on request, access to the city until the first aircraft leaves or transit through. the territory of Romania with other means of transport, on the basis of the transit visa granted by the checkpoint or, as the case may be, by the territorial forms of passports. (. If the aircraft performing international flights land due to force majeure at airports not intended for international traffic, the border crossing control shall be ensured by the territorial passport formations. (3) Travellers in transit with stopovers in Romania are not carried out passport control if they do not leave the aerogara. They are handed, by the competent bodies of the Romanian airlines, boarding cards for the race with which the journey continues. + Article 50 (1) Romanian and foreign military aircraft and their crews, when they land or take off from international airports, are subject to the same control rules. (2) Military persons and aircraft communicated by the Ministry of National Defence and the Ministry of Interior will be exempted from control. + Chapter 6 Access, movement and other activities in the border area + Article 51 (1) Access to the border area of Romanian citizens and foreigners is allowed on the basis of identity documents. (2) The access of persons to the state border protection strip to the border line is allowed on the basis of identity documents, with the prior approval of the head/commander of the local party of the Romanian Border Police. ((3) Access of persons for carrying out activities beyond the state border protection strip, in situations where it is constituted more in depth, as well as in the islands and in the ostroaves belonging to the Romanian state, located in the waters of the border, is allowed only through the places and under the conditions established by the head/commander of the local party of the Romanian Border Police. (4) The access of persons to the islands and hosts of new formation from the border waters is not allowed until the determination of their membership on the basis of bilateral agreements between the Romanian state and the neighboring states. + Article 52 The access of persons on board ships as well as that of foreign seamen to land shall be permitted under the rules laid down for the checkpoints. + Article 53 In Romania's ports where there are no Romanian Border Police formations the access of people on board ships and the access of foreign sailors to land are allowed by police bodies and port capitanies. + Article 54 (1) The movement of persons in the border area is allowed the day until the state border protection strip, and during the night, outside the sats or the perimeter of the cities and municipalities, with or without means of transport, only from distance of 500 m from the state border protection strip to the interior, except for traffic on public roads and under the conditions established by the local public administration authorities, with the prior consent of the sefului/commander local party of the Romanian Border Police. ((2) The stay of persons, the parking of means of transport and of machinery during the night in the border area, on the depth of 500 m from the strip of protection of the state border to the interior, outside the sats or the perimeter of the cities and Municipalities, are allowed under the conditions established by the local public administration authorities, with the prior consent of the head/commander of the local party of the Romanian Border Police. + Article 55 Planned and approved flights of aircraft performing commercial, recreational or sports activities in the airspace related to the border area will be communicated to the General Inspectorate of the Border Police, as the case may be, by the General Staff of the Aviation and Anti-Air Defence or Civil Aviation Authority, within the deadlines provided by the flight regime in the airspace of Romania. + Article 56 (1) The planting of trees and shrubs in the state border protection strip is prohibited. (2) For the consolidation of the land it is allowed to plant trees in the state border protection strip, when it is constituted at the waterfront, with the opinion of the local formations of the Romanian Border Police. + Article 57 Any construction works in the extravilan of communes, towns and municipalities on a depth of 500 m from the border line, for the land border, and from the waterfront, for the water border, to the interior, except the Black Sea coast, will be carried out after obtaining all legal approvals, including the General Inspectorate of the Border Police. + Article 58 With the prior agreement of the General Inspectorate of the Border Police, on the depth of 500 m from the border line to the inside, activities can be carried out such as: mining, exploitation of crude oil, gas, mineral waters, thermal waters, logging, ballast or quarries, land improvement works and irrigation, damming, work or construction on watercourses, construction and tourist or leisure facilities, research and prospectuses. geological. + Article 59 The way of using the border waters for economic activities, leisure, sport fishing, bathing, beach, supply and animal watering is established by the local public administration authorities, with the prior agreement of the parties territorial of the Romanian Border Police. + Article 60 Industrial and sport fishing in the border and territorial seas shall be carried out, under the law, in the places and in the sectors established by the local public administration authorities, with the prior approval of the territorial formations of the Romanian Border Police. + Article 61 (1) The boats, as well as any other craft, with or without propulsion, recreational, sports, fishing and "Salvamar" will be registered at the port's capitania or at the local public administration authorities, where there are no port captains. (2) The boats and boats shall be kept in the places established by the local public administration authorities, with the agreement of the heads/commanders of the territorial formations of the Romanian Border Police, taking measures by those who own them, to prevent their use when crossing the state border or to practise smuggling. + Article 62 Excursions for visiting economic, historical or tourist objectives, located in the state border protection strip, recreational ones and nautical competitions in the border waters can be carried out with the prior approval of the parties. territorial of the Romanian Border Police. + Article 63 In the border waters and in the territorial sea, ships with hikers, as well as any other ship or craft, are only allowed to dock at ports or other places specially arranged for that purpose. In case of force majeure, the mooring will be possible at any point on the Romanian shore, announcing the closest territorial formation of the Romanian Border Police or the police. The provisions of this article do not apply to Romanian citizens owners of boats. + Article 64 (1) The hunt along the state border on the depth of 500 m from the state border protection strip to the interior, for the land border, and from the limit of the flood land, for the water border, is prohibited. (2) Organized hunting of prey animals, on the depth provided in par. (1), only the day is admitted, from the state border protection strip to the interior, based on the decisions of the local councils and with the prior consent of the head/commander of the territorial formation of the Romanian Border Police. + Article 65 Animal grazing is allowed during the day until the state border protection strip, and at night up to 500 m from it, to the inside, in the places established by the local public administration authorities, along with the formations. territorial of the Romanian Border Police. + Article 66 People who move or carry out different activities near the state border are prohibited: a) to cross the state border without legal documents or with legal documents by other points outside those established; b) to fire the weapon over the state border; c) to damage or destroy the border signs, installations or technical means of guarding the border guards; d) illuminate the territory of the e) to produce or extend fires within the limit of the state border protection strip; f) to photograph, film or execute painting works within the limit of the state border protection strip, to restore portions of the territory of the neighboring states; g) to exchange objects and correspondence over the state border, outside the checkpoints, small traffic or other places established by law; h) to carry out activities through which border and territorial sea waters can be infested or polluted; i) to carry unauthorized calls, by word of mouth, over the border line, to commit acts, gestures or to proferent offensive expressions to the address of the neighbour or its citizens. + Article 67 In special situations, during some actions of the Romanian Border Police and subordinate territorial formations, they can temporarily stop the access and conduct of activities near the state border, outside the localities. These measures will be brought to the attention of local public administration authorities, population and economic and social stakeholders, in due time. + Chapter 7 Liabilities and penalties + Article 68 The violation of the provisions provided for in this law attracts, as the case may be, disciplinary, material, civil, contravention or criminal liability of the guilty person + Article 69 Entering or leaving the country through the fraudulent crossing of the state border constitutes a crime and is punishable by imprisonment from 3 months to 2 years. + Article 70 If the fraudulent crossing of the state border was committed in order to evade the execution of a sentence, the act is punishable by imprisonment from 6 months to 3 years. + Article 71 (1) The fit of the person who roars, guides or guides another person for the purpose of fraudulent crossing of the state border, as well as of the one who organizes this activity constitutes a crime and is punishable by imprisonment from one year to 5 years. (2) If the act provided in par. (1) concerns two or more persons or has pursued the obtaining of money or other benefits, the sentence is imprisonment from 2 years to 7 years. (3) The attempt is punishable. (4) The values or material goods obtained as a result of the commission of this crime are confiscated. + Article 72 (1) It is punishable by imprisonment from 2 years to 7 years, if the act does not constitute a more serious crime, the fraudulent crossing of the state border committed: a) by force or by attacking border guards, police officers or customs workers; b) by two or more persons together or by armed persons; c) for the purpose of removing from the country some goods of national cultural heritage or of special value, of arms trafficking, munitions, explosive or radioactive materials, narcotic or toxic products and substances. (2) The attempt is punishable. + Article 73 They are contraventions, if, according to the criminal law, they are not considered crimes, the following a) the attempt to exit the country through the fraudulent crossing of the state border; b) firing of a weapon over the state border, damage or destruction of border signs, installations or technical means of security, surveillance and control of the Romanian Border Police, production or extension of fires within the limit The state border protection strip; c) bringing to Romania the air, naval or road transporters of foreign citizens without travel documents, with false documents or visas or hidden in the means of transport; d) refusal in any form to allow border authorities to visit aircraft, Romanian or foreign vessels, storerooms, barns and other places of interest for border control; e) refusal of a person to give relations for the establishment of his identity, to legitimize himself with identity documents or to present at the control the luggage or means of transport, at the request of the Romanian Border Police bodies; f) violation of art. 42 42 para. ((2) and (4), of art. 45 45 and 48; g) violation of art. 51 51, 54, 56-58, 60-65 and art. 66 lit. d), f) and i). + Article 74 (1) Contraventions provided in art. 73 73 shall be sanctioned as follows: a) with contravention imprisonment from 15 days to 3 months or with a fine from 2,000,000 lei to 5,000,000 lei, those from lit. a) and b); b) with a fine from 3,000,000 lei to 15,000,000 lei, those from lit. c); c) with a fine from 2,000,000 lei to 6,000,000 lei, those from lit. f); d) with a fine of 1,000,000 lei to 3,000,000 lei, those from lit. d) and e); e) with a fine of 100,000 lei to 500,000 lei, those from lit. g). (2) The provisions of this Law shall be supplemented by provisions Law no. 32/1968 on the establishment and sanctioning of contraventions, with subsequent additions and amendments. The contraventions provided in par. ((1) lit. b) and c), to which the provisions of art. 25-27. + Article 75 (1) Contraventions provided in art. 73 the sanctions are also found to apply, according to the law, by the Romanian Border Police personnel. (2) In the case of sanctions with a fine, the offender may complain, within 15 days from the communication of the minutes of finding the contravention, to the court, according to the law. (3) In the case of contraventions provided in art. 73 lit. a) and b), if the finding agent considers that the penalty of the fine is indestulating, apply the fine. (4) Otherwise, the minutes of finding the contravention shall be sent immediately to the court in whose territorial area the contravention was committed; against the judgment rendered by the court may be made request for review within 24 hours. of hours after the ruling, whether the offender was present at the debates, or from the communication, if it was missing. + Article 76 Of the amounts resulting from the fines imposed according to art. 74, as well as from the valorization of smuggled goods subject to confiscation, a 50% share will return to the territorial formation of the Romanian Border Police to which the ascertaining agent belongs. This amount is fully retained as extra-budgetary income, on a permanent basis, and will be distributed as follows: 20% for the award of persons who discovered the commission of the act, and 80% for the financing of material and capital expenditures. + Article 77 Fines imposed on foreign individuals can also be paid in convertible currency, by converting fines from lei to convertible currency, at the official exchange rate in force at the time of the contravention. + Article 78 (1) Air, naval or road transporters, who bring to Romania individuals under the conditions provided in art. 73 lit. b), will bear the expenses incurred by the Romanian state for the maintenance and return of the latter in the countries of origin or from where they were boarded to the Romanian state. (2) Return or embarkation of individuals provided in par. (1) will be made, as the case may be, at the expense of the state from whose territory these persons illegally entered the territory of Romania or at the expense of the transport companies that accepted their boarding on the means of transport belonging to them, without having legal forms, unless bilateral regulations provide otherwise. + Chapter 8 Final provisions + Article 79 ((1) The mobiles in which the control points and the land related to them operate, which constitute the public domain of the state or private domain and shall be administered by the Ministry of the Interior or, as the case may be, by other central institutions or by legal entities with state capital, mixed or private, shall, free of charge, be made available to the other bodies and authorities with powers at the checkpoints. ((. Where the crossing of the border is temporarily carried out by other points which are not open to international traffic of persons and goods, the applicant shall ensure appropriate conditions for carrying out the control for the crossing of the border. the border, respectively: transport, accommodation and travel allowance. + Article 80 The rules on how to carry out the control and conduct of personnel with attributions in the control points for the crossing of the state border shall be established, by regulation, by the Ministry of Interior together with the central bodies concerned, taking into account international standards in this field. + Article 81 Provisions Law no. 32/1968 on the establishment and sanctioning of contraventions shall apply accordingly, insofar as the present law is not otherwise ordered. + Article 82 (1) In order to achieve the functioning of the professional system of security, surveillance and control of the state border crossing, the Romanian Border Police shall provide the necessary personnel from the graduates of the educational institutions of the Ministry of Internal, personally selected and transferred from other institutions, as well as from specialists called in active frameworks. (2) In addition to the General Inspectorate of the Border Police and subordinate territorial formations can operate, according to the law, health facilities, commercial companies, clubs, rest houses, dormitories and associations of a cultural-sports character. + Article 83 (1) In the exercise of their duties the personnel of the Romanian Border Police are invested with the exercise of public authority and enjoy special protection according to the provisions of the criminal law (2) In the case of crimes committed against the spouse or children of the staff provided in par. (1), for the purpose of intimidation or revenge for the measures taken in the exercise of their duties, the maximum limits of the penalties provided for by the Criminal Code shall be increased by 2 years. + Article 84 (1) The husband/wife and children of the staff of the Romanian Border Police who died during or in connection with the service are granted a pension equal to the full solda he had at the time of death, as well as, once, a monetary compensation of 15 15 or the net basic result had at the time of death. (2) If the staff of the Romanian Border Police had no children and no surviving/surviving spouse and wife and was the only supporter of his parents deprived of sufficient means of existence, they will benefit from half. from the survivor's pension established according to the provisions of para. ((1) and, once, for aid in the amount of six monthly taxable scales. (3) The personnel of the Romanian Border Police who have totally lost their ability to work during and in connection with the service will receive, outside the rights arising from retirement, only once, a monetary aid equal to 12 times the full solda had in the last month of activity. (4) The staff of the Romanian Border Police who partially lost their working capacity during or in connection with the service and can no longer exercise the professional duties will benefit from a pension equal to the full solda had in the last month of activity, a monetary aid equal to 12 times the full solda had in the last month of activity, as well as the right to cumulate the pension with the salary for another activity carried out. (5) In the case of military within the period the calculation basis of the pension is the basic solda of the employee on the basis of contract. + Article 85 Art. 84 84 shall also apply to staff who have participated in cooperative actions in order to carry out missions. + Article 86 For persons referred to in art. 84, subject to threats or ill-treatment, as a means of intimidation or revenge, the Ministry of Interior has the obligation to provide operatively with all support in order to eliminate the danger, catch and hold the culprits to account. + Article 87 The Ministry of Interior will advance the necessary amounts to cover the damages suffered by the staff of the Romanian Border Police and its family members, under the conditions of art. 84, and will recover them from the guilty persons, according to the law. + Article 88 The components of the armed forces that cooperate with the Romanian Border Police and who will have cases covered by art. 84 provides the necessary amounts to cover the material damage suffered by the military and their family members. + Article 89 The staff of the Romanian Border Police, who operate in connection with the security, supervision and control of the crossing of the state border, benefit from a border allowance of up to 20% of the balance or the basic salary. + Article 90 The personnel of the Romanian Border Police, ambarcat on ships or on aircraft for the purpose of carrying out security, surveillance and control missions of the state border crossing, benefit from the bonuses provided by the law for the aircrew. + Article 91 The staff of the Romanian Border Police, moved in the interest of the service in a garrison other than the one in which he is domiciled, in a situation where he cannot be provided with adequate living space, is entitled to a monthly compensation for rent. Its value shall be determined by the Minister of the Interior. + Article 92 The Ministry of Finance will take measures to introduce appropriate changes in the economic and financial indicators of the Ministry of National Defence and the Ministry of Interior, based on the proposals of these ministries + Article 93 (1) This law shall enter into force 15 days after its publication *). (2) The same date shall be repealed art. 3 of Decree-Law no. 12/1990 on the repeal and amendment of some provisions of the Criminal Code and the Code of Criminal Procedure, Decree-Law no. 45/1990 on the legal regime of the Romanian state border, as well as any other provisions to the contrary. Note
Right. art. II-VI of Government Emergency Ordinance no. 80/1999 : + Article II With the entry into force of this emergency ordinance the land and water surfaces, the quays, the annies, the related constructions and installations, belonging to the public domain of the state, in use of the territorial formations of the Police of the Romanian Border, pass into the administration of the Ministry of Within 60 days of the entry into force of this emergency ordinance, the reception-reception protocols will be concluded. + Article III On the date of entry into force of this emergency ordinance the Romanian Border Police, led by the General Inspectorate of the Border Police, is established, by taking over the structures and troops of the National Border Command and the The direction of the border police, within the Directorate-General of the Border Police, foreigners, migration and passport problems, exercising their powers under the provisions of this Emergency Ordinance. On the same date the Coast Guard is established in the structure of the General Inspectorate of the Border Police, by taking over the maritime and river border guard units within the National Border and Border Command. Naval Transport Police of the General Inspectorate of Police, established by order of the Minister of the Interior. + Article IV The organizational structure of the Romanian Border Police is established by order of the Minister of Interior, within 15 days from the publication of the present emergency ordinance in the Official Gazette of Romania, in compliance with the provisions Law no. 39/1990 on the establishment, organization and functioning of the Supreme Council of National Defence. + Article V On the date of entry into force of this Emergency Ordinance, the provisions art. 17 17 para. ((3) of Law no. 141/1997 on the Customs Code of Romania, published in the Official Gazette of Romania, Part I, no. 180 180 of 1 August 1997. + Article VI On the date of entry into force of this emergency ordinance the term granicer from the content of the normative acts in force will be replaced by the border guard phrase, and the phrase migrations and passports will be replaced by the phrase General Directorate of passports, foreigners and migration problems. ---------- Note *) See also the dates of entry into force of the amending acts. -----------------