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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LAW No. 91 of 9 February 1945 for the establishment of the House Administration and supervision of Goods ISSUING Enemy KING Published in MONITORUL OFICIAL NR. 33 from 10 February 1945 Michael I, by the grace of God and the will of the King of Romania's national team, all from health and future, face: on the report of our Ministers, Secretaries of State at the departments of finance and national economy with no. 184,233 of 6 February 1945, under dispoziţiunilor of the high Royal Decree No. 1626 from 31 August 1944;
Seeing the journal the Council of Ministers No. 203 since 1945, I decreed and decretam: Decree-Law for the establishment of the House Administration and surveillance of Enemy Property in article 1, shall be established on the date of publication of this decree-law, Administration and surveillance of Enemy Property (C.A.S.B.I.), a legal entity under public law, which will operate under the authority of the Ministry of Finance tutelara.


Article 2 the House Administration and surveillance of Enemy Property has the following debt collection: a) administers the moveable and immovable property, belonging to the persons provided for in art. 8 of the Truce of 12 Septemvrie 1944, namely: german and Hungarian States, natural and legal persons of German or Hungarian nationality or persons residing or established in the territory of Germany or Hungary or in occupied territories;

b) Supervises and controls the management of commercial or industrial enterprises, whose capital belongs in a proportion of at least 20% of the persons referred to in point a);
  

c) will also be able to supervise and control, appointing an administrator for that purpose, and businesses that have operated under the powerful financial control of the persons referred to in section a).
  


Article 3 the House Administration and surveillance of Enemy Property called, revoke and control managers, custodians and other persons responsible for the operation and exploitation, conservation and administration of the goods listed in article 1. 2 above.
Will be appointed administrators and custodians: Senior Officials of the enterprise), showing all the guarantees and morality;
  

(b) in addition to Persons) undertaking, but a recognized competence in respect of the administration of the relevant category;
  

c) legal persons governed by public 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 Administration and surveillance of Enemy Property. Custozilor revocation of Directors and appointed on the basis of this law, and those appointed on the basis of laws No. 498 of 3 July 1942, no. 443 of 2 Septemvrie 1944 No. 644 Decemvrie 19 1944, will be made by the Board of Directors on the basis of decision taking.


Article 4 management and surveillance House property shall monitor and control Enemy drawing up balance sheets and liquidation decisions undertakings dela points b) and (c)). 2 above, watching their administrative and economic activity; decides on the suitability and the mode of liquidation, as well as the utilisation of the balance resulting from disposal and liquidation, giving autorizaţiunile required for this purpose.


Article 5 management and surveillance House property will depend on the Enemy, the way his year lay, after which he was to operate commercial and industrial undertakings as defined in article 2. 2 for either all or some of them, as well as to take measures relating to the conservation and blocking assets, rights and interests which are subject to the provisions of this Act.


Article 6 in connection with the purpose of establishing them, House Administration and surveillance of Enemy Property exercise atribuţiunile reserved his State or organs as are shown and entered in the following convenţiuni and laws: a) the Truce of 12 Septemvrie, 1944;
  

b) Law No. 498 of 3 July 1942 and law No. 443 of 2 Septemvrie 1944, for goods with which Romania States subjects is found in a State of war;
  

c) Law No. 644 of 19 Decemvrie 1944 and any present or future laws giving the State rights in connection with the above.
  


Article 7 the House Administration and surveillance of Enemy Property is authorized to be done by staff or any control in the Bank on the basis of any enterprise, commercial, industrial, or any natural or legal person governed by public or by private law, to establish the existence, situaţiunea, ready and preservation of the goods falling within the provisions of this Act, the manner in which comply with legal dispoziţiunile property and responsibilities of representatives of holders of individual enterprises, administrators appointed by the State, or C.A.S.B.I., and custozilor.
The House Administration and surveillance of Enemy Property will be able to compel that should be followed in the very top you will think necessary, balance sheets of enterprises and will be entitled to establish the rules for the accounting recording of those goods and revenue and its fruits.
Also the House Administration and surveillance of Enemy Property will be able to require in writing, within the time limit it will indicate communication of balance sheets, accounts, situaţiuni and any other informaţiuni of any kind.
Members of the Prosecutors, judges, Judges, prefects (governors) of the County, town councils, representatives of Chambers of Commerce and industry, representatives of the agricultural Chambers and in General any natural person or any legal person whether governed by public or by private law, are obliged to comply with the decisions of the House Administration and surveillance of Enemy Assets, relating to identifying, acquiring, conserving and managing businesses and goods of any kind which fall under the provisions of this Act.
The House Administration and surveillance of Enemy Property will be able to apply directly to the Ministry of finance, which will be obliged to give him the contest for any inspection and control.
She will also be able to apply and any other departments, for it to pass inspection and control may be required in special cases.


Article 8 for the performance of tasks that are assigned to it, the House Administration and surveillance of Enemy Property will compile a budget which will cover: a) a subsidy from the Ministry of finance date;
  

b) from different income of Administration and surveillance of Enemy Property.
  


Article 9 costs any kind of Administration and surveillance of Enemy Assets are not subject to law and public accounting dispoziţiunilor other financial laws.
Their justification is done by approval of the Board of Directors on the date the paperwork or evidence indicating that expenses were made.


Article 10 management of auditing the accounts of the budget will be made by a Special Commission of the High Court of Auditors, which will give you the download within 15 days after the end of each quarter.
This comisiune will be established by decision of the Ministry of finance and will be composed of three advisors of the High Court of Auditors aided by referendari appointed by this High Court.


Article 11 the House Administration and surveillance of Enemy Property will be managed by a Board of Directors composed of a Chairman elected from among the personalities with a recognised competence in financial matters, economic and technique or of 6 members appointed as follows: a) a delegate of the Ministry of finance and National Economy Ministry, chosen from among the officials of these departments;
  

b) a delegate of the Commission for the implementation of the Armistice;
  

c) a delegate of the Central Institute of Statistics;
  

d) one of the administrators and the general manager of financing and Depreciation;
  

e) a delegate of the Ministry of labour of its senior officials.
  

All will be appointed by Royal Decree on a proposal by the Ministry of finance.
Decisions of the Board of Directors shall be taken by a majority of the members present, being mandatory the presence of at least 4 members.
In case of parity of votes, the Chairman's vote is decisive.


Article 12 the Board of Directors will be able to delegate some of his or her rights to a Steering Committee, composed of the Chairman of the House Administration and surveillance of Enemy Property and two members, will take part with a consultative vote or director-general or a replacement.


Article 13 the leadership and management of the daily management and supervision of Enemy Property is entrusted to the Director-general.
The Board of Directors, the general manager or their delegates, representing the House Administration and surveillance of Enemy Property in our dealings with people and received justice, submitting valid.
Director general approve any payments within the limits set by the Board of Directors, under budget.


Article 14 the Organization and functioning of the management and surveillance of Enemy Property, breakdown service, directiuni and sections, as well as staff appointments shall be made by the decision of the Board of Directors, approved by the Ministry of finance.
The House Administration and surveillance of Enemy Property will have an inspection and control.


Article 15


The employment services of the House Administration and surveillance of Enemy Property shall be done with civil servants detached for this purpose at the request of the House Administration and surveillance of Enemy Property, as well as with private detached officials for this purpose at the request of the House Administration, in addition to undertaking or works.
The Board of Directors of the House Administration and surveillance of Enemy Property Act that the Commissioner-General of the civil servants present Enemy Property will be detached from this House.
It will also be able to hire new staff, which will acquire the status of civil servants, his rights as laid down in the law on employment contracts.


Article 16 Board of Directors will be able to grant staff seconded to other departments or dela instituţiuni public allowances for exceptional activity.
Officials of the private institutiunile private detached from the rock will continue to receive salaries of dela dela institutiunile coming, House Administration and surveillance of Enemy Property being obliged to repay these amounts to those instituţiuni.
The Board of Directors will be able to provide these additional benefits of activity for officials.
Art. 17 members of the Board of Directors and staff of the House Administration and surveillance of Enemy Property shall not be subject to any legal or statutory dispoziţiuni regarding incompatibility, overlapping or salary ceiling.


Article 18 the Board of Directors shall determine the powers of the directors, atribuţiunile and custozilor, as well as to all natural persons and legal entities of public law and private law to whom you give any kind of delegatiuni.


Article 19 Administrators, custodians and any other persons who will receive a delegaţiune, under any title in any quality, are obliged to draw up an inventory of the taking-over certificate and a monthly activity report that will be submitted to the headquarters of the House within the first 5 days of the month following the month to which the report relates.
If in special circumstances arise they'll refer immediately to the House.


Article 20 custozilor, Payroll administrators, delegates of any kind will be fixed by the Board of Directors of managerial decision.


Article 21 throughout their officials, administrators, custodians and any delegate of the House, who will be entrusted to the Administration, conservation or guarding any thing, are assimilated in terms of liability, civil servants.
The damage observed will be charged in their task by deciding the allocation date of Board of Directors, with the approval of the Ministry of finance, which will not be able to be attacked than with an appeal to the Appeals Court, which will judge him urgently and in particular.
Final imputation remaining managerial decision constitutes the instrument permitting enforcement of the House.


Article 22 no custodian or administrator, delegate of any kind will not be able to leave his post-even though i will get demisiunea-until you will be taught entirely or substitute goods and the management.


Article 23 Any default applications, deciziunilor or orders given by the House Administration and surveillance of Enemy Assets, in the case of natural persons, legal persons, bodies, shall be punished with 1 to 3 years in prison and with 100,000-5,000,000 lei fine for legal entities to apply to only the penalty fine.
When offenders are public servants will apply articles 81 and 82. 213 of the criminal code.
The same penalties shall apply to anyone who is going to be stolen or destroyed goods falling within the provisions of this Act.
Instigators to offences covered by this law, are punishable and tainuitorii accomplices as authors.


Article 24 Infringements punished by this law will be observed by members of the public prosecutor, the courts of justices of the peace, or financial controllers, inspectors of the inspection and control staff of the House Administration and surveillance of Enemy Property, and any other officer of the judicial police, delegates or understand for that purpose.
The minutes of the House Administration officials and surveillance of Enemy Property, on the basis of its findings in books or scripts and produce evidence until evidence to the contrary.
Those who find the elements constituting the offence are obvious materials believed until enrolling in the bogus.
All the officers and agents of the judicial police are obliged to give their staff the House contest administration and surveillance of Enemy Property, carrying out their duties.
On the basis of reports from persons trained, as indicated in the first paragraph, the public Ministry opens public action, and in complicated cases, remit the case investigating judge toward instruction.
Investigation judge, generally referred to the paragraph above will depend on the availability of preventive holding the defendants.
The mandate of arrest issued by the investigation judge of the Tribunal will be subject to confirmation in rigid conditions laid down by the code of criminal procedure.
In the case of flagrant offences, the public Ministry, opening public action, you will be able to deliver against the offender in the rigid conditions of art. 206 criminal proceedings and in the manner prescribed by art. 256 criminal proceedings, an arrest warrant and will submit criminal court concerned immediately, to be judged on the same day or no later than the next day.
The terms of reference issued in these conditions is not subject to court confirmation.
In all other cases, the crimes are emergency judge and, in particular, of the courts, the procedure laid down by the law for the protection of public assets.
The decisions will be given with the appeal to the Court of appeal. Appeals will be judge in particular.
If the offences covered by this law have been committed by those charged under any title with the management, administration and representation of a company or any other servant of society or of individuals appointed as administrators, custodians, delegates of any kind, shall apply to such persons in accordance with art. 23. Article 25 in all criminal trials started on the basis of this law, will be subpoenaed by the House Administration and surveillance of Enemy Property.


Article 26 the judgements of the Court, the final will be run immediately, even before drafting them, on the basis of the device, in accordance with art. 327 and 328 criminal proceedings, section 8.
Criminal fines will be run in accordance with art. 54 of the penal code and article. 526 of the code of criminal procedure.


Article 27 article delving into Enterprises. 2, of which up to now have not been named, will be subject to the provisions of this decree law by managerial decision of the Administrative Council of the House Administration and surveillance of Enemy Property.
The Board of Directors of the House Administration and surveillance of Enemy Property will be able to decide on the removal of under the provisions of this Decree Law of any undertaking referred to in article 1. 2. the b) and (c)).


Article 28 shall be subject to approval by the Ministry of Finance: the House Budget Management) and surveillance of Enemy Property;
  

(b) the appointment of the Director general);
  

c) General rules for the process for the administration of the goods of all kinds provided for in this law;
  

d) employment or removal under the provisions of this law of any undertaking.
  

In addition, the Ministry of finance controls generally unlikeable of the House Administration and surveillance of Enemy Property.


Article 29 legal dispoziţiunile All opposites of this Decree are repealed and remain law.
Given in Bucharest on 9 February 1945, KING MICHAEL'S Minister of finance, national economy Minister Mihail Romaniceanu, Dr. a. Lad d-Report their Ministers of Finance: the national economy by H.m. the King.
Sire, Through art. 8 of the Convention by the Truce of 12 Septemvrie 1944 Romania, between the allied powers on the sidelines and on the other hand, Romania was obliged to canned goods all people of German and Hungarian enemies, and of all persons of another nationality and even the Romanians, who would find, whether in Germany, either in Hungary or in the occupied territories of these powers.
Even before the conclusion of the Convenţiuni, Romania had taken some steps to disable enemy assets, stretching it and property provisions of law No. 498 of 1942 and a number of them under forced administration.
Soon, however, it was seen that these measures are insufficient because the administration of these assets, raise a number of problems from the outset, painting, administrative, accounting and legal. Solving these issues organized a labor ad and a special technique training in all of these areas, working in an environment removed from the presence of any other concerns or influence, than those of a strict judicial obligations laid down by the Convention of truce.
To correspond to these requirements, I reckoned that the enforcement of art. 8, of the Convention shall be the date of the Truce an autonomous body, in so far as they can to form a doctrine and a jurisprudence, including broad and permanent lines of solving all the problems will be.
I felt it necessary that this new organ to be put under the authority of the Ministry of Finance tutelara, besides that it works at the moment before the Home Financing and depreciation, which has in its attributions, the entire portfolio of shares belonging to the State and that therefore his organization itself, is as far as to give an active and rewarding throughout this matter.

At the same time, in order to achieve the aim of this House, i gave all the rights necessary for the appointment and revocation of the sechestrelor, to verify their management, to address justice and as representatives of the interests of the State in this matter.
The House Administration is given to a Board of Directors composed of representatives of all departments concerned, and the Commission for the implementation of the Armistice and the National Institute of Statistics whose technical competence and collaboration will be essential.
Own administration itself is given in the hand of a general manager, which will be under his orders all staff House, divided into first in one direction and administrative control, as well as in other divisions, that will count.
The staff will be recruited both of State officials available, as well as personnel training, engaged in out of State cadres, so as to be able to call in this complex matter to all commercial and industrial skills that I need.
In respect of the person sechestrilor, had taken all measures to ensure that they have the necessary training to do their job, the insertion of the new and the idea that they will be able to work in advising individuals and instituţiuni state that, 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 general directives in putting the best interest of the State, as well as in solving issues of particular importance, such as for example employment or removal under the provisions of art. 8, of the Convention of certain patrimonies of the Truce.
We believe that on this basis and intemeiati experience of the past, will come to an organization that fulfils all requirements and to permit the most correct possible fulfilment of all stipulatiunilor art. 8 of the Convention by the truce.
We are with the deepest respect, Sire, you Maiestatii your too downcast and too obedient servants, Minister of finance, national economy Minister Mihail Romaniceanu, Dr. a.-Lad-