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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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LEGE no. 84 84 of 21 July 1992 (* updated *) on free zone arrangements ((applicable from 1 February 2014 *)
ISSUER PARLIAMENT




The Romanian Parliament adopts this law + Chapter 1 General provisions + Article 1 In order to promote international exchanges and attract foreign capital for the introduction of new technologies, as well as to increase the possibilities for the use of national economy resources, in maritime and river ports of the Romania, along the Danube Canal-the Black Sea, other waterways and in the territories near the border crossings can establish the free zone regime. + Article 2 (1) The free zone is a geographical area of the territory of Romania, where the operators carry out activities, and the goods, means of transport and other goods are subject to the provisions Law no. 141/1997 on the Customs Code of Romania, as amended. Customs supervision is only limited to free zones. (2) For the purposes of this Law, the following terms have the following meanings: a) operator-natural or legal person, Romanian or foreign, who carries out activities inside the free zone; b) mooring front of the free zone-the dunes and/or the quays located on the territory of the free zone. -------------- Article 2 has been amended by section 2. 1 1 of art. I of LAW no. 244 244 of 9 June 2004 , published in MONITORUL OFFICIAL no. 543 543 of 17 June 2004. + Article 3 (1) Free zones are precisely delimited and fenced either by confinement or by the existence of natural limits, such as gloss or water course. (2) The control of access to the free zone shall be carried out by the customs and border police. (3) The maritime or river vessels located at the mooring fronts of the free zones shall be considered on the territory of the free zone. -------------- Article 3 has been amended by section 3. 2 2 of art. I of LAW no. 244 244 of 9 June 2004 , published in MONITORUL OFFICIAL no. 543 543 of 17 June 2004. + Article 4 Means of transport, goods and other goods shall be admitted to free zones, without restrictions on the country of origin, origin or destination. The goods whose import is located on the territory of Romania by law or by the international conventions to which Romania is a party are not admitted. + Article 5 Ships and other means of transport, as well as goods or other goods which, in any way, enter or leave the free zones, must be accompanied by the documents provided for by the Romanian legislation and by international conventions. + Chapter 2 Establishment authorisation + Article 6 The establishment and territorial delimitation of free zones, the establishment of customs offices and border police points are made by Government decision, at the proposal of the central and local public administration authorities interested. -------------- Article 6 has been amended by section 6. 3 3 of art. I of LAW no. 244 244 of 9 June 2004 , published in MONITORUL OFFICIAL no. 543 543 of 17 June 2004. + Article 7 The decision of the Government of establishment approves the regulation of organization and functioning of the free zone, the regime of exploitation, administration and control, the way of charging taxes and tariffs, as well as the means necessary for customs supervision and of the border police. -------------- Article 7 has been amended by section 7. 4 4 of art. I of LAW no. 244 244 of 9 June 2004 , published in MONITORUL OFFICIAL no. 543 543 of 17 June 2004. + Chapter 3 Administration and coordination of free zones + Article 8 (1) The administrations of the free zones operate as autonomous kings, which can reorganize as companies or national companies, under the authority of the Ministry of Transport, Construction and Tourism or under the authority of the administration Local public, as appropriate. (2) The tasks of the administration of free zones shall be established by the regulation provided for in 7. -------------- Article 8 has been amended by section 6.6. 5 5 of art. I of LAW no. 244 244 of 9 June 2004 , published in MONITORUL OFFICIAL no. 543 543 of 17 June 2004. + Article 9 The methodological coordination of the activity of the free zones administrations is done by the Ministry of Transport, Construction and Tourism. -------------- Article 9 has been amended by section 6.6. 6 6 of art. I of LAW no. 244 244 of 9 June 2004 , published in MONITORUL OFFICIAL no. 543 543 of 17 June 2004. + Chapter 4 Activities in Free Areas + Article 10 (1) In the perimeter of the free zones, the activities provided by the Classification of activities in the national economy-CAEN, approved by the operators Government Decision no. 656/1997 ,, as amended. (2) The administrations of the free zones and operators may associate themselves with natural or legal persons, Romanian or foreign, under the conditions provided by the legislation in force on association and free competition, in order to carry out their own activity. (3) The administrations of the free zones may carry out productive, commercial and service activities, in their own name and in association, outside the perimeters declared to be free zones, in compliance with the legislation in force, without the benefit of the free zone. -------------- Article 10 has been amended by section 10. 7 7 of art. I of LAW no. 244 244 of 9 June 2004 , published in MONITORUL OFFICIAL no. 543 543 of 17 June 2004. + Article 11 Activities in free zones shall be carried out by operators only on the basis of licences issued by the free zone administrations, in compliance with the principles of free competition -------------- Article 11 has been amended by section 1. 8 8 of art. I of LAW no. 244 244 of 9 June 2004 , published in MONITORUL OFFICIAL no. 543 543 of 17 June 2004. + Chapter 5 Facilities + Article 12 The concession and rental activity in the free zones is carried out on the basis of public auction. -------------- Article 12 has been amended by section 4.2. 9 9 of art. I of LAW no. 244 244 of 9 June 2004 , published in MONITORUL OFFICIAL no. 543 543 of 17 June 2004. + Article 12 ^ 1 (1) Public or private property of the state or administrative-territorial units shall be awarded, as well as public activities/services of national or local interest, under the administration of free zones. ((2) The concession shall be made on the basis of a contract by which the administration of the free zone, as a concedent, shall transmit for a period of no more than 49 years to the operator, as concessionaire, the right and the obligation to exploit a good, the an activity or a public service, in exchange for a fee, which is the own income of the administration. -------------- Article 12 ^ 1 was introduced by item 1. 10 10 of art. I of LAW no. 244 244 of 9 June 2004 , published in MONITORUL OFFICIAL no. 543 543 of 17 June 2004. + Article 12 ^ 2 (1) Public or private property of the state or administrative-territorial units, under the administration of free zones, is rented. ((2) The rent is made, under the law, on the basis of a contract by which the administration of the free zone, as a lessor, transmits to the operator, as lessee, the right and the obligation to operate a good, in exchange for a rent, which is the administration's own income. -------------- Article 12 ^ 2 was introduced by the section 10 10 of art. I of LAW no. 244 244 of 9 June 2004 , published in MONITORUL OFFICIAL no. 543 543 of 17 June 2004. + Article 13 Repealed. -------------- Article 13 has been repealed by point (a) 11 11 of art. I of LAW no. 244 244 of 9 June 2004 , published in MONITORUL OFFICIAL no. 543 543 of 17 June 2004. + Article 14 (1) State aid may be granted for investments made on the basis of concluded commercial contracts, provided that the criteria for regional State aid and State aid for small and medium-sized enterprises are met. (2) For investments in free zones, operators as well as free zone administrations may receive regional development aid in the amount of 50% of the eligible costs of investments by large enterprises and 65% of the eligible costs of investments by small and medium-sized enterprises. (3) The state aid provider elaborates the aid schemes for operators in free zones, approved by law or by Government decision, if no tax benefits are granted by them. The authority empowered in the monitoring of state aid, in collaboration with the State aid provider, the Ministry of Transport, Construction and Tourism, together with the free zone administrations, monitors the achievement of the maximum intensity of regional aid for each operator. (4) For existing State aid, in respect of the concession contracts in progress, in order to be compatible with the State aid providers, the schemes for the conversion of such aid into compatible aid approved by Government decision. ((5) The modalities for granting State aid are provided for in the legislation in force on State aid. -------------- Article 14 has been amended by section 4.2. 12 12 of art. I of LAW no. 244 244 of 9 June 2004 , published in MONITORUL OFFICIAL no. 543 543 of 17 June 2004. + Article 15 When liquidating or restricting the activity carried out in the free zone, individuals or foreign legal entities can transfer abroad the capital and profit, after payment of all obligations to the Romanian state and contractual partners. + Article 16 (1) The customs procedure applicable to Romanian and foreign goods entering, leaving, stationary, using or consumed in the free zones is the one provided for in Law no. 141/1997 , as amended, and in the Implementing Regulation of the Customs Code of Romania, approved by Government Decision no. 1.114/2001 ,, as amended. (2) In order to capitalize or eliminate the waste obtained as a result of a legal activity carried out within the perimeter of the free zone, customs formalities shall be drawn up, if necessary, according to the provisions established within the customs legislation. (3) The operations of recovery and disposal of waste from free zones shall be carried out in accordance with the provisions of the specific national waste management legislation. ((4) The costs of collection, transport, storage, recovery and waste disposal activities in free zones shall be borne by the producer or landholder, who entrusts the waste to a specialised unit for Recovery or disposal. (5) The administrations of the free zones together with the environmental authorities will confirm in writing to the customs offices operating in addition to the free zones that the waste for which the customs formalities are drawn up are resulting from activities carried out in the territory of the free zone -------------- Article 16 has been amended by section 4. 13 13 of art. I of LAW no. 244 244 of 9 June 2004 , published in MONITORUL OFFICIAL no. 543 543 of 17 June 2004. + Article 17 Repealed. -------------- Article 17 has been repealed by point (a) 14 14 of art. I of LAW no. 244 244 of 9 June 2004 , published in MONITORUL OFFICIAL no. 543 543 of 17 June 2004. + Article 18 Repealed. -------------- Article 18 has been repealed by point (a) 14 14 of art. I of LAW no. 244 244 of 9 June 2004 , published in MONITORUL OFFICIAL no. 543 543 of 17 June 2004. + Article 19 Goods from a free zone can be transported to another free zone without payment of customs duties. These goods can be transited into the customs territory of Romania, in compliance with the legal provisions. Also, these goods may be introduced into the country with the fulfilment of the conditions and formalities concerning the importation or, where appropriate, temporary receipt. + Chapter 6 Financial operations and resources + Article 20 (1) All financial operations related to activities carried out in free zones shall be made in freely convertible currency, accepted by the National Bank of Romania. I am an exception to the financial operations that are carried out during the construction and objectives of the free zones, as well as those carried out within the commercial activities in its own name by the free zone administrations, outside the perimeters of the free zones, as well as the commercial operations, including the services between residents, those of public catering, through canteens and restaurants, which can also be carried out in lei. (2) The operations of receipts and payments can be made by all payment methods provided by the legislation in force, in compliance with Regulation of the National Bank of Romania 1/2004 on performing foreign exchange operations. -------------- Article 20 has been amended by point 15 15 of art. I of LAW no. 244 244 of 9 June 2004 , published in MONITORUL OFFICIAL no. 543 543 of 17 June 2004. + Article 21 (1) The financial resources of the free zone administrations shall be made up of: a) income from the application of the charges for granting the activity licenses; b) income from the application of rental and concession charges; c) income from the issuance of access permits; d) income from commissions and services; e) income from other activities; f) income arising from late payment penalties provided for in the commercial contracts concluded; g) funds from the state budget or local budgets, as the case may be, for the realization of investments for the public domain; h) other income, bank loans and attracted resources. (. The level of charges for rental, concession and service shall be determined by direct negotiation or tendering, as the case may be, in contracts concluded between the administrations of the free zones and the natural and/or legal persons, Romanian or foreign, carrying out activities in the free zones. -------------- Article 21 has been amended by point 16 16 of art. I of LAW no. 244 244 of 9 June 2004 , published in MONITORUL OFFICIAL no. 543 543 of 17 June 2004. + Chapter 7 Sanctions + Article 22 (1) The following acts constitute contraventions and shall be sanctioned as follows: a) entry into free zones without the approval of the administration, without a permit issued by the administration of the free zone or with a cancelled, expired or suspended license, with a fine, in lei equivalent, from 250 euros to 1,000 euros; b) introduction into free zones of goods not accompanied by documents, with a fine, in lei equivalent, from 2,000 euros to 10,000 euros; c) carrying out activities without licenses, with expired licenses or carrying out activities other than those specified in licenses, with a fine, in lei equivalent, from 2,500 euros to 10,000 euros; d) carrying out activities, other than those provided for in the decision to establish the free zone, with a fine, in lei equivalent, from 5,000 euros to 20,000 euros. (2) Payment of fines provided in par. (1) is made in lei, by transforming their amount to the official rate in force at the date of finding the contravention. (3) Goods subject to the contraventions provided in par. ((1) lit. b), c) and d) shall be confiscated. -------------- Article 22 has been amended by section 17 17 of art. I of LAW no. 244 244 of 9 June 2004 , published in MONITORUL OFFICIAL no. 543 543 of 17 June 2004. + Article 23 Finding of contraventions and application of sanctions provided in art. 22 are made by the powers of the free zone administration. + Article 24 Against the minutes of finding the contravention you can complain within 15 days from the date of its communication. The complaint shall be filed with the administration of the free zone and shall be settled by the court in whose territorial area the contravention was committed. + Article 25 Art. 22 22 para. ((1) relating to contraventions shall be supplemented by the provisions Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 ,, as amended. -------------- Article 25 has been amended by section 6.6. 18 18 of art. I of LAW no. 244 244 of 9 June 2004 , published in MONITORUL OFFICIAL no. 543 543 of 17 June 2004. + Article 26 The introduction into free zones of goods or goods whose import is Romanian on the territory of Romania constitutes a crime and is punishable by imprisonment from one year to 5 years, if the act does not constitute a more serious crime. The introduction of goods in free zones to become waste in these areas constitutes a crime and is punishable by imprisonment from one year to 5 years, if the act does not constitute a more serious crime. The attempted crimes provided in par. 1 and 2 is punishable. -------------- Article 26 has been amended by art. 43 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Chapter 8 Final provisions + Article 27 Investments made in free zones cannot be expropriated, requisitioned or subject to other measures with similar effects, except in case of public interest, in compliance with the legal provisions and with the payment of compensation corresponding to the value of the investment, which must be prompt, appropriate and effective. + Article 28 Buildings inside free zones cannot be used as housing. -------------- Article 28 has been amended by section 6.6. 20 20 of art. I of LAW no. 244 244 of 9 June 2004 , published in MONITORUL OFFICIAL no. 543 543 of 17 June 2004. + Article 29 Repealed. -------------- Article 29 has been repealed by point (a). 21 21 of art. I of LAW no. 244 244 of 9 June 2004 , published in MONITORUL OFFICIAL no. 543 543 of 17 June 2004. + Article 30 The means of transport, goods and other goods that are introduced, are in or removed from the free zones, and the activities carried out in these areas are subject to sanitary, phytosanitary, veterinary and environmental protection rules, where appropriate. + Article 31 The goods and means of transport necessary for the administration of the free zone follow the legal regime provided for + Article 32 The salaries of the staff operating in the free zones are established in lei and in foreign currency or only in lei or only in foreign currency, through collective negotiations or, as the case may be, individual. Repealed. --------- Alin. ((2) of art. 32 32 has been repealed by section 6.6. 22 22 of art. I of LAW no. 244 244 of 9 June 2004 , published in MONITORUL OFFICIAL no. 543 543 of 17 June 2004. + Article 33 In the free zones, foreign personnel, established by the parties ' convention, can be employed in management and specialized positions, in compliance with the legal provisions. + Article 34 On the date of entry into force of this Law, the Decree no. 294/1978 on the Port of Sulina, Decree no. 401/1982 for the approval of the Regulation on the operation of the Sulina Free Port and any other provisions to the contrary This law was adopted by the Chamber of Deputies and the Senate in the joint sitting of June 17, 1992, in compliance with the provisions of 74 74 para. ((2) and art. 76 76 para. (2) of the Romanian Constitution, and was re-examined by the Chamber of Deputies at the meeting of July 14, 1992, according to art. 145 of the Romanian Constitution, following Constitutional Court Decision no. 4 4 of 3 July 1992 .
p. CHAMBER OF DEPUTIES PRESIDENT
IONEL ROMAN This law was adopted by the Chamber of Deputies and the Senate in the joint sitting of June 17, 1992, in compliance with the provisions of 74 74 para. ((2) and art. 76 76 para. (2) of the Romanian Constitution, and was re-examined by the Senate at the meeting of July 14, 1992, according to art. 145 of the Romanian Constitution, following Constitutional Court Decision no. 4 4 of 3 July 1992 .
SENATE PRESIDENT
academician ALEXANDRU BIRLADEANU ------