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Law No. 91 Of 9 February 1945 For The Establishment Of The House Administration And Surveillance Of Enemy Property

Original Language Title:  LEGE nr. 91 din 9 februarie 1945 pentru înfiinţarea Casei de Administrare şi Supraveghere a Bunurilor Inamice

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LEGE No. 91 of February 9, 1945 for the establishment of the Inmate Goods Management and Supervision House
ISSUER KING MICHAEL
Published in OFFICIAL MONITOR NO. 33 of 10 February 1945



MIHAI I, Through the grace of God and the national will, King of Romania, all present and future, health: On the report of Our Ministers, Secretaries of State at the Departments of Finance and National Economy with No. 184.233 of February 6, 1945, On the basis of the provisions of the high royal decree No. 1626 of 31 August 1944; Seeing the journal of the Council of Ministers No. 203 of 1945, We decreed and decreed: DECREE-law for the establishment of the Inmate Goods Management and Supervision House + Article 1 The House of Administration and Supervision of Enemy Goods (C.A.S.B.I.), a legal entity under public law, which will operate under the tutelary authority of the Ministry of Finance, is established on the date of publication of this decree-law. + Article 2 The Inmate Goods Management and Supervision House has the following attributions: a) administers movable and immovable property, belonging to the persons provided by art. 8 of the Truce Convention of 12 Septemvrie 1944, namely: German and Hungarian States, natural and legal persons of German or Hungarian nationality, or persons residing in the territory of Germany or Hungary or in the territories occupied by them; b) Supervise and control the administration of commercial or industrial enterprises, the capital of which belongs to at least 20% of the persons shown in point a); c) It will also be able to supervise and control, for this purpose, a administrator, and the commercial enterprises that have operated under the smooth financial control of the persons referred to in point a). + Article 3 The Inmate Goods Administration and Supervision House appoints, revokes and controls the administrators, custodians and any other persons responsible for the operation of the preservation, administration and exploitation of the enterprises and goods provided in art. 2 2 above. Administrators and custodians will be appointed: a) Senior officials of the enterprise, who present all the guarantees of preparation and morality; b) Persons other than the undertaking, but with a recognised competence in the management of the respective category of undertakings; c) Legal persons governed by public law or by private law among those controlled by the State. The appointment of administrators and custodians will be made by the board of directors of the House of Administration and Supervision of Inmate Goods. Revocation of administrators and custodians appointed under the present law, as well as those appointed under laws No. 498 of 3 July 1942, No. 443 of 2 Septemvrie 1944 and No. 644 of 19 Decemvrie 1944, shall be made by the Board of Directors. on the basis of unmotivated decision. + Article 4 The House of Administration and Supervision of Inmate Goods supervises and controls the preparation of balance sheets and decisions to liquidate enterprises from points b) and c) of art. 2 above, following their administrative and economic activity; it decides on the opportunity and the way of liquidation, as well as the use of the balance resulting from the alienation and liquidation, giving the necessary authorizations for this purpose. + Article 5 The House of Administration and Supervision of Inmate Goods will be able, by decision, to establish rules after which the commercial and industrial activity of the enterprises referred to in art. 2, either for all enterprises, or only for a part of them, as well as to take measures regarding the preservation and blocking of the goods, rights and interests that are subject to the provisions of this law. + Article 6 In connection with the purpose of its establishment, the House of Administration and Supervision of Enemy Goods shall exercise the powers reserved to the State or its bodies, as shown in the following conventions and laws: a) the Armistice Convention of 12 Septemvrie 1944; b) Law No. 498 of July 3, 1942 and Law No. 443 of 2 Septemvrie 1944 , for the regime of goods of the subjects with which Romania finds itself in a state of war; c) Law No. 644 of 19 Decemvrie 1944 and any present or future laws giving the State rights in relation to the above. + Article 7 The Inmate Goods Administration and Supervision House is authorized to make through the personnel or any control in the scripts of any banking, commercial, industrial or any natural or legal person governed by public or private law, in order to establish the existence, the situation, the conditions of administration and preservation of the goods entering into the provisions of this law, the manner in which the legal provisions relating to these goods are observed, and the responsibilities of the representatives, holders of individual undertakings, administrators appointed by the State or by C.A.S.B.I., as well as custodians. The Inmate Goods Management and Supervision House will be able to compel to draw up in the conditions it will believe necessary, the balance sheets of enterprises and will be entitled to establish the accounting registration rules of these goods and its income and fruit. Also the House of Administration and Supervision of Inmate Goods will be able to ask in writing, within the deadline to indicate it, the communication of balance sheets, accounts, situations and any other information of any nature. Members of the Prosecutor's Office, Judges of Judges, County prefects, mayors, representatives of Chambers of Commerce and Industry, representatives of Agricultural Chambers and in general any natural persons or any legal persons governed by public or private law, are obliged to comply with the decisions of the House of Administration and Supervision of Inmate Goods, regarding the identification, takeover, preservation and administration of enterprises and goods of any kind that fall under the provisions of this law. The House of Administration and Supervision of Inmate Goods will have the opportunity to address directly to the Ministry of Finance, which will be obliged to give it competition for any inspection and control. It will also be able to address any other departments, in order for it to delegate the necessary inspection and control bodies in special cases. + Article 8 In order to fulfill the tasks assigned to him, the House of Administration and Supervision of the Inmate Goods will make up a budget that will be covered by: a) A subsidy given by the Ministry of Finance b) From different income of the House of Administration and Supervision of Inmate Goods. + Article 9 The expenses of any kind of the House of Administration and Supervision of the Inmate Goods are not subject to the provisions of the law of public accounting and other special financial laws. Their justification is made by the approval of the board of directors given on the documents or evidence showing that the expenses were carried out. + Article 10 The verification of the budget management accounts will be made by a special committee of the High Court of Accounts, which will give the discharge within 15 days from the expiry of each quarter. This commission will be constituted by the decision of the Ministry of Finance and will be composed of 3 councillors of the High Court of Accounts, helped by referenda appointed by this High Court. + Article 11 The Inmate Goods Management and Supervision House will be managed by a board of directors, composed of an elected president among personalities with a recognized competence, in financial, technical or economic matters and of 6 members. designated as follows: a) A delegate of the Ministry of Finance and of the Ministry of National Economy, elected among the senior officials of these departments; b) A delegate of the Romanian Commission for the application of Armistice; c) A delegate of the Central Institute of Statistics; d) One of the administrators and general manager of the House of Financing and Amortization; e) A delegate of the Ministry of Labour between its senior officials. All will be appointed by royal decree on the proposal of the Ministry of The decisions of the board of directors will be made with the majority of the members present, being mandatory the presence of at least In case of parity of votes, the vote of the president is decisive. + Article 12 The board of directors will be able to delegate some of its rights to a steering committee, composed of the chairman of the Inmate Goods Administration and Supervision House and two members, to which the general manager will take part in an advisory vote or his replacement. + Article 13 The management and daily management of the Inmate Goods Administration and Supervision House is entrusted to the Managing Director. The Management Board, the Director General or their delegates, represent the House of Administration and Supervision of Enemy Goods in the relations with third parties and in the face of justice, signing valid. The Director-General shall approve any payments within the limits set by the Management Board within the budget. + Article 14 The organization and functioning of the House of Administration and Supervision of Enemy Goods, the division of directions, services and sections, as well as the appointments of personnel will be made by the decision of the board of directors, approved by the Ministry of Finance The Inmate Goods Management and Supervision House will have an inspection and control body. + Article 15 The classification of the House of Administration and Supervision of Enemy Goods will be made with public servants posted for this purpose at the request of the House for Administration and Supervision of Inmate Goods, as well as with private officials posted for this purpose at the request of the House, by the undertaking or administration by which it operates The Board of Directors of the House of Administration and Supervision of Inmate Goods will decide which of the officials of the current General Commissioner of Inmate Goods will be posted to this House. It will also be possible to hire new staff, who will not acquire the quality of civil servants, his rights being those established by the law of employment contracts. + Article 16 The Management Board will be able to grant to staff seconded from other departments or public institutions allowances for exceptional activity. Private officials seconded from private institutions will continue to receive their salary from the institutions from which they come, the House of Administration and Supervision of Enemy Goods being obliged to return to those institutions the amounts That. The Management Board will also be able to provide these officials with additional activity allowances. Article 17 Board members and staff of the Inmate Goods Administration and Supervision House will not be subject to any legal or statutory provision regarding incompatibility, cumulation or salary cap. + Article 18 The Board of Directors will determine the duties and powers of administrators, custodians, as well as all individuals and legal entities under public and private law, to whom it will give any kind of delegations. + Article 19 Administrators, custodians and any other persons who will receive a delegation, under any title and in any capacity on the part of the House, are obliged to draw up an inventory of taking in receipt and a monthly activity report that they will submit to the seat of the House in the first 5 days of the month following that to which the report If during the month special circumstances arise they will immediately refer to the House. + Article 20 The salarization of administrators, custodians, delegates of any kind will be fixed by the decision of the House's board of directors. + Article 21 At all times their officials, administrators, custodians and any kind of delegate of the House, who will be entrusted with the administration, preservation or security of any thing, are assimilated in terms of liability, civil servants. The damages found will be charged in their charge by the imputation decision given by the board of directors, with the approval of the Ministry of Finance, which will only be able to be appealed to the Court of Appeal, which is to adjudicate it urgently and with Fall. The remaining imputation decision is the enforceable title of the House. + Article 22 No administrator, custodian or delegate of any kind will be able to leave his post-even if his resignation is received-until after he has been entirely handed over to the replacement or the goods and management. + Article 23 Any non-execution of requests, decisions or orders given by the House of Administration and Supervision of Inmate Goods, in the case of individuals, members of the bodies of legal entities, will be punished with 1-3 years imprisonment and with 100.000-5.000.000 lei fine, for legal entities applying only the penalty of fine. When criminals are civil servants, art. 213 of the penal code. The same sanctions will apply to any person who will be evaded or destroyed the goods entering the provisions of this law. Instigators to the enjoyment of crimes provided by this law, accomplices and concealers are punishable as authors. + Article 24 The offences punishable by this law will be found by members of the public ministry under the courts, peace judges, inspectors or financial controllers, inspection and control staff of the House of Administration and Supervision. Enemy goods, as well as any other judicial police officer, delegates or seised for this purpose. The minutes concluded by the officials of the Inmate Goods Administration and Supervision House, based on the findings made in the registers or scripts, provide proof until proven otherwise. Those who find the material elements constituting the flagrant crime are believed until the registration in false. All officers and judicial police officers are obliged to give their contest to the staff of the House of Administration and Supervision of Inmate Goods, in order to fulfill their mission. Based on the minutes trained by the persons shown in the first paragraph, the public ministry opens the public action, and in complicated cases sends the case to the investigating judge for training. The investigating judge, notified under the conditions of the above paragraph will be able to order the preventive possession of the defendants. The arrest warrant issued by the investigating judge will be subject to the confirmation of the tribunal, in the conditions provided by the criminal procedure code. In the case of flagrant crimes, the public ministry, opening public action, will be able to issue against the offender in the conditions of art. 206 criminal procedure and in the form provided by art. 256 criminal procedure, an arrest warrant and will forward the offender immediately, to the respective court, to be tried on the same day or at the latest the following day. The mandate issued under these conditions shall not be subject to confirmation of the In all other cases, the offences are adjudicated urgently and in particular, by the courts, after the procedure provided by the law to defend the public patrimony. The decisions will be given with appeal to the Court of Appeal. Appeals will be adjudicated in particular. If the offences provided for in this law were enjoyed by those charged by virtue of any title with the management, administration or representation of a company or any other preposed of the company or persons appointed as administrators, custodians, delegates of any kind, the penalties will apply to these persons according to art. 23. + Article 25 In all criminal trials started on the basis of this law, the House of Administration and Supervision of Enemy Goods will be quoted. + Article 26 The decisions of the courts, remaining final will be executed immediately, even before their drafting, on the basis of the pronounced device, in accordance with art. 327 327 and 328, paragraph 8 criminal procedure. Criminal fines will be executed according to art. 54 of the criminal code and art. 526 526 of the code of criminal procedure. + Article 27 Enterprises entering the provisions of art. 2, to which until now they have not been appointed administrators, will be able to be subject to the provisions of this decree law by the decision of the board of directors of the House of Administration and Supervision of Inmate Goods. The Board of Directors of the House of Administration and Supervision of Inmate Goods will be able to decide to remove from the provisions of this decree law of any enterprise provided in art. 2. al. b) and c). + Article 28 They will be subject to the approval of a) The budget of the Inmate Goods Administration and Supervision House; b) Name of the Director General; c) General Rules of Procedure for the administration of goods of all kinds provided for in this Law; d) Incadence or removal from the provisions of the present law of any enterprise. Apart from this, the Ministry of Finance generally controls the entire activity of the Inmate Goods Administration and Supervision House. + Article 29 All legal provisions to the contrary of this decree law are also repealed. Given in Bucharest on 9 February 1945 KING MICHAEL Finance Minister, Mihail Romniceanu Minister of National Economy, Dr. A. Leucutia The report of their ministers: of finance and that of the national economy to the M.S. King. Sire, By art. 8 of the Armistice Convention of 12 Septemvrie 1944, between Romania on the side and the Allied Powers on the other hand, Romania was obliged to preserve the goods of all the German and Hungarian enemy subjects, as well as of all persons of another nationality and even Romanians, who would be found, either in Germany or in Hungary or in the territories occupied by these powers. Even before the signing of this Convention, Romania had taken some measures to block the enemy goods, extending to these goods the provisions Law No. 498 of 1942 and putting a series of them under forced administrations. Soon, however, it was seen that these measures are not enough, because the administration of these goods, raises a number of unsuspected problems at the beginning, by administrative, accounting and legal order. Solving these problems advertises an organized labor and special technical training, in all these fields, working in an environment removed from any other concerns or influences, than those of a strict execution of the obligations provided by the Truce Convention. To correspond to these requirements, I reckoned that the execution of art. 8 of the Truce Convention must be given to an autonomous body, in a position to be able to form a doctrine and jurisprudence, encompassing the broad and permanent lines of solving all the problems that will be put. I considered it necessary for this new organ to be placed under the tutelary authority of the Ministry of Finance, besides which operates at the moment the House of Financing and Amortization, which has in its powers, the administration of the entire portfolio of actions belonging to the State and which, therefore, by its very organization, is able to give an active and fruitful contest in all this matter. At the same time, in order to achieve the purpose of this House, it was conferred all the necessary rights for the appointment and revocation of the seizure, for the verification of their management, being able to address and justice as representatives of the interests of the State matter. The administration of the House is given to a board of directors, composed of representatives of all interested departments, as well as of the Romanian Commission for the Application of Armistice and of the National Institute of Statistics whose collaboration and technical competence will be indispensable. The proper administration is given in the hand of a general manager, who will have under his orders the entire staff of the House, divided primarily in an administrative direction and a control service, as well as in other divisions, what will be counted necessary. Staff will be recruited both from the State officials available, as well as from the staff of recognised training, employed outside the State frameworks, in order to be able to appeal in this complex matter to all commercial and The industrial we would need. As far as the person of the sequesters is concerned, all measures have been taken so that they have the necessary training to their mission, introducing themselves and the new idea that they will be able to function in this capacity besides individuals and state institutions, which, through their organization, will be able to give a precious contest in this matter. The role of the Ministry of Finance will be reduced only to the giving of the general directives in the best interests of the State, as well as to the resolution of issues of particular importance, such as the framing or removal from the provisions of art. 8 of the Truce Convention of certain patrimonies. We believe that on these bases and founded on the experience of the past, it will come to an organization that meets all needs and allows in the most correct way possible the full fulfillment of the provisions of art. 8 of the Armistice Convention. We are with the deepest respect, Sire, Your majesty, too gone and too obedient servants, Finance Minister, Mihail Romniceanu Minister of National Economy, Dr. A. Leucutia ------