Law No. 84 Of 21 July 1992 Concerning Free Zones

Original Language Title: LEGE nr. 84 din 21 iulie 1992 privind regimul zonelor libere

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Law No. 84 of 21 July 1992 (* updated *) free zones scheme (applicable as of February 1, 2014) adopted by PARLIAMENT, the Parliament of Romania ISSUING this law.


Chapter 1 General provisions Article 1 in order to promote international trade and to attract foreign capital for the introduction of new technologies, and to enhance the possibilities for use of the resources of the national economy, the seaports and inland of Romania over the Danube-Black Sea Canal, waterways and other territories in the vicinity of the border crossing points can establish free zone regime.


Article 2 (1) free zone is a geographical area of the territory of Romania, in which operators are performing, and goods, means of transport and other property shall be subject to the provisions of law No. 141/1997 regarding Romanian customs code, as amended. Customs supervision shall be subject to the limit of the free zones.

(2) for the purposes of this law, the terms below have the following meaning: a) operator-natural or legal persons, Romanian times, performing inside the free zone;
  

b) mooring front of free zone-berths and/or loading bays located on the territory of free zone.
  

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Art. 2 was amended by section 1 of article. 1 of law No. 244 of 9 June 2004, published in Official Gazette No. 543 of 17 June 2004.


Article 3 (1) free zones are precisely delineated and fenced enclosure, either through or through the existence of natural boundaries, such as gloss or water course.
  

(2) controlling access to the free zone shall be carried out by the Customs and the border police.
  

(3) ships or boats mooring distant fronts from free zones shall be considered the territory of free zone.
  

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Art. 3 was amended by paragraph 2 of article 9. 1 of law No. 244 of 9 June 2004, published in Official Gazette No. 543 of 17 June 2004.


Article 4 in the free zones are allowed means of transport, goods and other goods, without restrictions on the country of origin, destination or origin. Not admitted goods whose import is prohibit the territory of Romania by law or by international conventions to which Romania is a party.


Article 5 Vessels and other means of transport and goods or other property which, in any way, entering or leaving free zones, must be accompanied by documents specified by the Romanian legislation and international conventions.


Chapter 2 article 6 Authorisation of establishment the establishment and demarcation of territorial free zones, customs offices and border police points are made by the Government, at the proposal of the central public administration authorities and local stakeholders.
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Art. 6 was amended by section 3 of article 9. 1 of law No. 244 of 9 June 2004, published in Official Gazette No. 543 of 17 June 2004.


Article 7 by Government Decree of incorporation shall approve the rules of organization and functioning of the free zone, the exploitation, management and control, the ways in which taxes and tariffs and the means necessary for supervision of customs and border police.
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Art. 7 was amended by paragraph 4 of art. 1 of law No. 244 of 9 June 2004, published in Official Gazette No. 543 of 17 June 2004.


Chapter 3 Managing and coordinating the activity of free zones in Article 8 (1) administrations of free zones operate as 1900, which may reorganize as a company or companies, under the authority of the Ministry of transport, constructions and tourism or under the authority of local public administration, as appropriate.
  

(2) the functions of the administrations of the free zones shall be determined by the implementing regulation referred to in article 1. 7.
  

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Art. 8 was amended by section 5 of art. 1 of law No. 244 of 9 June 2004, published in Official Gazette No. 543 of 17 June 2004.


Article 9 methodological Coordination of the activity of administrations of free zones is performed by the Ministry of transport, constructions and tourism.
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Art. 9 was amended by section 6 of article. 1 of law No. 244 of 9 June 2004, published in Official Gazette No. 543 of 17 June 2004.


Chapter 4 Activities in free zones Article 10(1) within free zones can take place by operators tasks under the classification of activities in the national economy-CAEN, which was approved by Government decision No. 656/97, as amended.

(2) free zones Authorities and operators can be associated with natural or juridical persons Romanian times, under the conditions laid down by the legislation in force concerning the Association and free competition, for the purposes of their own activities.
  

(3) administrations of free zones can be productive, commercial activities and services, in their own name, and in association, outside perimeters declared to be free zones, in compliance with the legislation in force, without the benefit of open space facilities.
  

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Art. 10 has been amended point 7 of article. 1 of law No. 244 of 9 June 2004, published in Official Gazette No. 543 of 17 June 2004.


Article 11 activities in free zones shall be carried out only by the operators on the basis of licences issued by the administrations of the free zones, in compliance with the principles of free competition.
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Art. 11 was amended by section 8 of article. 1 of law No. 244 of 9 June 2004, published in Official Gazette No. 543 of 17 June 2004.


Chapter 5 Facilities article 12 concession Activity and hire from free zones is carried out on the basis of a public tender.
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Art. 12 has been modified by point 9 of article. 1 of law No. 244 of 9 June 2004, published in Official Gazette No. 543 of 17 June 2004.


Article 12 ^ 1 (1) concesionează goods Are public or private property of the State or administrative territorial units, and public service activities/national or local interest in the administration of the free zones.
  

(2) the right is made under an agreement whereby the administration of the free zone, as is kept, for a period of not more than 49 years, as the concessionaire, the right and obligation to exploit an asset, to a task or to a public service in return for a fee, which is the Administration's own income.
  

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Art. 12 ^ 1 was introduced by paragraph 10 of article 10. 1 of law No. 244 of 9 June 2004, published in Official Gazette No. 543 of 17 June 2004.


Article 12 ^ 2 (1) shall be hired goods public or private property of the State or administrative territorial units, located in free zones.
  

(2) Hiring is done according to the law, on the basis of a contract whereby the administration of the free zone, as lessor, to the operator, as a tenant, the right and obligation to exploit an asset, instead of a rent which is the Administration's own income.
  

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Art. 12 ^ 2 was introduced by paragraph 10 of article 10. 1 of law No. 244 of 9 June 2004, published in Official Gazette No. 543 of 17 June 2004.


Article 13 Repealed.
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Art. 13 was repealed by point 11 of article 1. 1 of law No. 244 of 9 June 2004, published in Official Gazette No. 543 of 17 June 2004.


Article 14 (1) State aid may be granted for investments in commercial contracts concluded, provided that the criteria relating to regional State aid and State aid for small and medium enterprises.
  

(2) For investments in the free zones, as well as the administrations of the free zones may receive aid for regional development in the amount of 50% of the eligible costs of the investments made by large enterprises and 65% of the eligible costs of the investments made by small and medium enterprises.
  

(3) the service provider shall draw up state aid schemes to grant aid to operators in the free zones, approved by the law or by decision of the Government, where they will be granted aid of a fiscal nature. Authority authorised the monitoring of State aid, in cooperation with the supplier State aid, Ministry of transport, constructions and tourism, together with the administrations of the free zones, monitor the attainment of maximum intensity of regional aid for each operator.
  

(4) For existing State aid relating to the concession contracts in progress, is actually to their State aid providers draw up schemes for the conversion of such aid in aid approved by decision of the Government.
  

5. detailed rules for the granting of State aid are laid down in the legislation in force concerning State aid.
  

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Art. 14 was modified by item 12 of article. 1 of law No. 244 of 9 June 2004, published in Official Gazette No. 543 of 17 June 2004.


Article 15 the liquidation or collapse activities in the free zone, the natural persons or legal entities may transfer abroad foreign capital and profits, after payment of all obligations towards the Romanian State and counterparties.


Article 16 (1) the customs procedure applicable to goods entering Romanian and foreign, coming out, keep, use or consume in the free zones shall be as set out in law No. 141/1997
  


and its subsequent amendments, and in the implementing rules of the customs code, approved by Government decision No. 1,114/2001, as amended.

(2) for the purposes of recovery or disposal of waste as a result of legal activities carried out within the free zone shall be drawn up, where appropriate, customs formalities, in accordance with the provisions laid down in the framework of the customs legislation.
  

(3) recovery operations and disposal of waste from the free zones shall be in accordance with the specific provisions of national legislation relating to waste management.
  

(4) Costs relating to the collection, transport, storage, recovery and waste disposal in the free zones shall be borne by the producer or holder of the waste, which entrusts a waste for recovery or disposal.
  

(5) free zones Authorities together with the environmental authorities will confirm in writing to the Customs Office which operates in addition to the free zones that the waste for which the preparation of customs formalities are resulting from activities carried out in the territory of the free zone in question.
  

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Art. 16 has been amended item 13 of article. 1 of law No. 244 of 9 June 2004, published in Official Gazette No. 543 of 17 June 2004.


Article 17 Repealed.
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Art. 17 was repealed by article item 14. 1 of law No. 244 of 9 June 2004, published in Official Gazette No. 543 of 17 June 2004.


Article 18 Repealed.
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Art. 18 was abrogated by the point 14 of article. 1 of law No. 244 of 9 June 2004, published in Official Gazette No. 543 of 17 June 2004.


Article 19 the goods from a free zone may be transported to another area for free without paying customs duties. These goods can be transited the Romanian customs territory, in compliance with legal provisions. In addition, these goods may be brought into the country with the conditions and formalities relating to importation or, where appropriate, temporary reception.


Chapter 6 operations and financial resources Article 20 (1) All financial operations related to the activities carried out within the free zones shall be made in freely convertible currency approved by the National Bank of Romania. Exception operations that are carried out during the period of construction and the achievement of the objectives of free trade zones, as well as those made in the context of commercial activities under its own name by the administrations of the free zones, outside the perimeters of the free zones, as well as commercial operations, including the benefits of services between residents, the catering, canteens and restaurants, through which you can perform and the Lions.
  

(2) receipts and payment transactions can be made via all modes of payment may be available under the laws in force, in compliance with Regulation Banca Naţională a României No. 1/2004 on foreign exchange operations.
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Art. 20 was modified by point 15 of article 2. 1 of law No. 244 of 9 June 2004, published in Official Gazette No. 543 of 17 June 2004.


Article 21 (1) the financial resources of Governments free zones consist of: (a) income from the application of tariffs) licensing of business;
  

b income from fees and commissions) lease application and lease;
  

c income from permits);
  

d) income from commissions and services;
  

e) income from other activities;
  

f) penalty income arising from late payment provided for in trade contracts concluded;
  

g) funds from the State budget or local budgets, as appropriate, for the realization of investments in the public domain;
  

h) other income, bank loans and resources attracted.
  

(2) the level of charges for rentals, concessions and services shall be determined through direct negotiation or tender, if necessary, result in contracts concluded between the administrations of the free zones and natural persons and/or legal entities, Romanian times, performing in free zones.
  

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Art. 21 was amended by paragraph 16 of article. 1 of law No. 244 of 9 June 2004, published in Official Gazette No. 543 of 17 June 2004.


Chapter 7 Sanctions Article 22 (1) the following acts shall constitute offences and shall be imposed as follows: a) entry into free zones without the approval of the Administration, without permit issued by the administration of the free zone or with expired permit cancelled, suspended, with fine times, equivalent in lei, at 250 euros at 1,000 euro;
  

b) introduction into the free zones of goods are not accompanied by the documents, with the fine, equivalent to 2,000 lei to the euro at 10,000 euros;
  

c) conducting activities without licenses, expired licenses or conduct with other activities than those specified in the licence, with fine, as lei, from 2,500 euro 10,000 euros;
  

d) conducting activities, other than those provided for in the decision establishing the free zone, with fine, the equivalent of 5,000 lei to the euro from 20,000 euro.
  

(2) payment of the fines provided for in paragraph 1. (1) is made in the amount of MDL, by converting them to the official exchange rate in force on the date of establishment violation.
  

(3) goods subject to offences referred to in paragraph 1. (1) (a). b), c) and (d)) shall be forfeited.
  

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Art. 22 was amended by the pct, article 17. 1 of law No. 244 of 9 June 2004, published in Official Gazette No. 543 of 17 June 2004.


Article 23 offences and sanctions a finding under article 4. 22 Trustees to make the free zone administration.


Article 24 Against the minutes of violation may make the complaint within 15 days from the date of its communication.
The complaint shall be submitted to the free zone and deciding court in whose territorial RADIUS was committed that offence.


Article 25 the provisions of art. 22 paragraph 1. (1) in respect of the offence shall be supplemented by the provisions of Ordinance No. 2/2001 on the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended.
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Art. 25 has been amended pct, article 18. 1 of law No. 244 of 9 June 2004, published in Official Gazette No. 543 of 17 June 2004.


Article 26 entry into free zones or goods whose import is prohibit Romanian territory constitutes infringement and is punishable with imprisonment from one year to five years, if the deed does not constitute a more serious offense.
Placing of goods in free zones to become waste in these areas constitute the offense and shall be punished with imprisonment from one year to five years, if the deed does not constitute a more serious offense.
The crimes referred to in paragraph 1 attempt. 1 and 2 is punishable.
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Art. 26 was modified by art. 43 of Act No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Chapter 8 final provisions article 27 investments in free zones cannot be expropriated, rechiziţionate or other measures with similar effects, except in cases of public interest, while respecting the legal provisions and with the payment of a compensation corresponding to the amount of the investment, which must be timely, adequate and effective.


Article 28 Buildings inside the free zones cannot be used as housing.
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Art. 28 was amended by pct article 20. 1 of law No. 244 of 9 June 2004, published in Official Gazette No. 543 of 17 June 2004.


Article 29 Repealed.
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Art. 29 pct was repealed by article 21. 1 of law No. 244 of 9 June 2004, published in Official Gazette No. 543 of 17 June 2004.


Article 30 the means of transport, goods and other goods which are inserted, are located in or are removed from the free zones, as well as activities in these areas are subject to sanitary norms, plant health, animal health and environmental protection, as appropriate.


Article 31 goods and means of transport required free zone administration follows the legal regime provided for under national law.


Article 32 Salaries for staff working in free trade zones are established in lei and in foreign currency or lei Forex times only through collective bargaining or, where appropriate, of the individual.
Repealed.
— — — — — — — —-. (2) of article 9. 32 pct was repealed by article 22. 1 of law No. 244 of 9 June 2004, published in Official Gazette No. 543 of 17 June 2004.


Article 33 in the free trade zones, foreign personnel, established by the Convention of the parties, may be employed in positions of leadership and, in compliance with legal provisions.


Article 34 on the date of entry into force of this law shall be repealed Decree nr. 294/1978 on the free Port of Sulina, Decree nr. 401/1982 approving the regulation on the operation of the free port of Sulina, and any other provisions to the contrary.

This law was adopted by the Chamber of Deputies and Senate in the joint sitting of 17 June 1992, in compliance with the provisions of art. 74 para. (2) and article 3. 76 para. (2) of the Constitution of Romania, and was reviewed by the Chamber of deputies at its meeting on 14 July 1992, under art. 145 of the Constitution of Romania, following the decision of the Constitutional Court No. 4 of 3 July 1992.

p. ROMAN CHAMBER of DEPUTIES PRESIDENT IDRIS


This law was adopted by the Chamber of Deputies and Senate in the joint sitting of 17 June 1992, in compliance with the provisions of art. 74 para. (2) and article 3. 76 para. (2) of the Constitution of Romania, and was reviewed by the Senate at its meeting on 14 July 1992, under art. 145 of the Constitution of Romania, following the decision of the Constitutional Court No. 4 of 3 July 1992.

Academic SENATE PRESIDENT ALEXANDRU BÂRLĂDEANU------