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Law No. 61 Of 24 April 2000

Original Language Title:  LEGE nr. 61 din 24 aprilie 2000

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LEGE no. 61 61 of 24 April 2000 for the application of the Agreement between the States Parties to the North Atlantic Treaty and the other States participating in the Partnership for Peace on the status of their forces, concluded in Brussels on 19 June 1995
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 185 185 of 28 April 2000



Romania, as a State Party to the Agreement between the States Parties to the North Atlantic Treaty and the other States participating in the Partnership for Peace on the status of their forces, concluded in Brussels on 19 June 1995 and ratified by Law no. 23/1996 , hereinafter referred to as the Agreement, considers that in that capacity it is to apply the provisions of the Agreement between the States Parties to the North Atlantic Treaty on the status of their forces, adopted in London on 19 June 1951, hereinafter referred to as NATO-SOFA, as if it were part of NATO-SOFA, with the exceptions provided for in the agreement. Given the necessity and importance of establishing the legal framework for the regulation of the status of the forces of the states parties to NATO-SOFA or to the agreement, when such forces are sent and received, on the basis of separate agreements, on the territory Romania, The Romanian Parliament adopts this law + Chapter 1 General provisions + Article 1 For the purposes of this Law, the following terms shall be defined 1. force means personnel belonging to the land, sea and aviation troops of one of the Contracting Parties to NATO-SOFA or to the Agreement, located on the territory of Romania for the performance of official missions, except in cases where it is expressly agreed that certain persons, units or parties are otherwise considered; 2. the civil component means the civilian personnel accompanying the military personnel of a Contracting Party to NATO-SOFA or to the Agreement, on the territory of Romania, being employed by the armed forces of this Contracting Party; people without citizenship, citizens of another state that is not a party to NATO-SOFA or to the agreement, as well as Romanian citizens or permanent residents in Romania; 3. family member means the spouse of a member of the force or of the civil component or their dependent children; 4. sending state means the contracting party to NATO-SOFA or to the agreement, which belongs to the force or civil component sent to be stationed or to transit through the territory of Romania; 5. Military authorities of the sending state means those authorities vested with powers of command and application of the legislation of this state regarding the members of its force or of the civil component; 6. staff of the sending state means members of the force, of the civil component, as well as their family members. + Article 2 The force, the civil component and their family members have the obligation to respect the Romanian laws and to refrain from any activity not in accordance with the provisions and the spirit of NATO-SOFA or the agreement, following in particular non-involvement in any political activity on the Romanian territory. + Article 3 In order to establish the concrete conditions for carrying out the operations for which forces of NATO member states or states participating in the Partnership for Peace, the Romanian Government, are sent and received on the territory of Romania, by The Ministry of National Defence, will negotiate and conclude separate agreements with the parties involved in the respective operations. + Chapter 2 Conditions regarding the entry or exit of the staff of the sending State + Article 4 (1) Upon entering or leaving Romania the force or its members belonging to the sending state, respecting the provisions of par. ((3) and (4) of this article and conforming to the formalities established by the Romanian state, will be exempt from the entry or exit visa. (2) The units and subunits constituted by the sending State and their means of transport, which will be communicated in writing to the competent structures of the Ministry of Interior and the General Directorate, will be exempted from the border control Customs of the Ministry of National Defence, at least 3 days before arrival. (3) Members of the force may cross the border on the basis of a) the personal identity document, issued by the sending state, provided with photo and with headings in which to mention the name and surname, date of birth, degree, number (if applicable), weapon; b) the individual or collective travel order, written in the language of the sending State and in English and French, issued by the competent institution of the sending State or the North Atlantic Treaty Organization, certifying the status the person or group, the membership of the military force, as well as the orderly movement. Romania will be able to claim, on the occasion of the conclusion of the special sending-reception agreements, that the travel order be countersigned by the Minister of National Defence. (4) Civil component and family members can cross the state border of Romania on a passport basis, specifying their quality in the agreed documents. (5) The force, civil component and family members, their goods, as well as means of transport will enter Romania through the border crossing control points, open to international traffic. (6) The crossing of the Romanian state border can be done through other places, under conditions established by agreements and agreements between Romania and neighboring states, as well as through airports that do not operate in international traffic, with the approval Ministry of Transport, Ministry of Interior and Ministry of Finance, requested by the Ministry of National Defence 3 days before arrival at the established point. + Article 5 (1) If a member of a civil force or component leaves the service of the sending state and is not repatriated, the military authorities of the sending state shall immediately inform the Romanian authorities, to whom they will give all the information necessary. The military authorities of the sending state will similarly inform the Romanian authorities of any such member who has been unmotivated for more than 21 days. (2) If the Romanian State has requested to leave its territory by a member of a force or civil component or has issued an expulsion order against a former member of a force, a civil component or against a member of family, the military authorities of the sending state have the obligation to receive the person concerned on his own territory or to cause him to leave the territory of the Romanian state. The provisions of this paragraph will apply only to persons who are not Romanian citizens and who entered Romania as members of a force or civil component or in order to acquire this quality, as well as to family members of Such persons. + Article 6 (1) Military land shall be compulsory at the passage of units and subunits over the state border. (2) During the activities in Romania the members of the force of the sending state may also wear civil attire, under the same conditions as the Romanian military participating in these activities. + Article 7 (1) The military vehicles of the sending State may cross the state border on public roads, if they meet the conditions for admission into international circulation and if their leaders possess a national driving licence or international, according to the model established by the International Convention on Road Traffic (2) The vehicles referred to in par. (1), whose registration certificate does not meet the conditions laid down by the International Convention on Road Traffic, may circulate on public roads, if this certificate is covered by the Ministry of Interior, at the request of the Ministry National Defense. (3) The vehicles referred to in par. (1) will be provided, in addition to the registration number, with a distinctive sign of state membership. + Article 8 (. Equipment, materials, means of transport and other movable property necessary for the use of force and civil component shall be exempt from customs duties. (2) For products imported on a temporary basis and which are no longer exported from Romania, the documents for their passage to the definitive import regime will be submitted. ((3) Any other goods, other than those intended for the exclusive use of force and civil component, shall be subject to the customs procedure applicable to natural persons, both to the introduction and to their removal from the country. (4) Subject to the express derogations provided for in this Law, the customs clearance operations of the members of the force, of the civil component and their family members shall be carried out at the interior customs units closest to the place of dislocation of the force, the goods in question circulating in transit, under customs supervision. + Article 9 The official documents contained in sealed envelopes are not subject to customs control, if those carrying them have an individual travel order, issued under the conditions referred to in art. 4 4 para. ((3) lit. b). The travel order will specify the number of envelopes and the fact that they contain only official documents. + Chapter 3 Stationing of the staff of the sending state + Article 10 The members of the force may hold, carry and use, under the law, military weapons, pistols or revolvers and ammunition corresponding during their stay in Romania, with the opinion of the competent bodies, at the request of the Ministry of National Defence, and, also, they can wear and use, under the law, the military weapons received as a gift or as a reward. + Article 11 The perimeters, buildings, infrastructure elements made available to the force, assistance with the transfer of personnel, equipment and materials, to stationary and supply as well as to other general services will be specified in the technical agreement of each operational activity, through the care of the Ministry of + Article 12 ((1) In the case of the use by force of bases, ports, airports, as well as other permanent structures, contracts will be concluded which will include particulars relating to the hosted unit, nationality and name, basis of departure, number military (by degrees) and the number of civilians, number and type of combat vehicles, as well as those for logistics and transport, the number of weapons systems (including artillery, with the specification of the calibre), the number of individual weapons, the armaments served by crews and also the entire quantity of ammunition (with specification of the type and calibre) available to the unit. (2) In the contracts will be mentioned all the spaces and units provided to the force, with the specification of those intended for offices, accommodation, equipment stores, ammunition warehouses, car parking, tent installation or containers and other related services. (3) The costs of use, operational and maintenance of the Romanian national structures, made available on the basis of contracts concluded for this purpose, shall be paid by the military authorities of the sending State for the entire duration of the operation. (4) In the framework of specific activities the force will use polygons and facilities from the endowment of the Ministry of National Defence, as well as, if applicable, land, airports, ports, other premises and real estate established, under the law, on the basis of contracts concluded with the public administration authorities or other legal persons or individuals, as the case may be. + Article 13 The authorities of the competent public administration and the heads of economic agents and public institutions, to whom they are responsible for the activities referred to in art. 11 and 12, will be informed, at least two months before the start of these activities, with all necessary data and clarifications, through the care of the Ministry of National Defence. + Article 14 (1) For all expenses contracted by force the payment will be made, according to the legal provisions in force, in national currency, as a rule before leaving the territory, at the exchange rate at the time. (2) The modality of making subsequent payments will be provided both in the content of the memorandum of understanding and in the technical agreement, with all the necessary data for the timely recovery of the outstanding amounts. (3) Foreign exchange operations, as well as the level of amounts in foreign currency and in lei that may be introduced or removed from the country are subject to the regulations of the National Bank of Romania. + Article 15 (1) The supply of goods, services or consumable materials by natural and legal persons will be carried out, without the influence of the local market, on the basis of contracts signed by the military authorities of the sending state, and the payments will be made to the supplier. (2) The procedures for the selection of tenderers are within the competence of the military authorities of the sending state, but they may also request assistance from Romanian specialized agencies. (3) The pre-contractual misunderstandings arising in connection with the tender procedure and the selection of the price offer, as well as the disputes related to the execution of the contracts will be solved according to the Romanian legislation (4) The local prosecution by the members of the sending state of the goods necessary for their own consumption will be made under conditions similar to those of the citizens of the Romanian state. + Article 16 The goods provided in art. 8 8 para. (2) are subject to the procedures provided by the Customs Code of Romania for the temporary customs procedure of temporary admission, within the limits established by Government decision. + Article 17 (. Vehicles belonging to a civil force or component shall be exempt from charges due to the use of public roads. (2) Deliveries of fuel and lubricants, carried out in the country to ensure the operation of motor vehicles, aircraft and vessels belonging to the force and are used for the purpose of carrying out official missions, shall be exempt from value added, with the exercise of the right to deduct the tax on purchases of goods and services intended for the realization of these products + Article 18 A member of a civilian force or component, on the occasion of the first arrival on the mission or on the occasion of the first arrival of a family member of his or her, may import the personal effects and the necessary furniture, free of duty, for the duration of the mission. + Article 19 ((. Members of the force or of the civil component may temporarily import, with exemption from customs duties, motor vehicles for personal use or their family members, without the right of rental or alienation. (2) For the vehicles referred to in par. (1) exemptions from fees charged for the use of public roads shall not be granted. + Article 20 Imports made by the military authorities of the sending State for purposes other than those intended for the exclusive use of force or civil component, as well as imports, other than those provided for in art. 18 and 19, carried out by members of a force or civil component, are not entitled to any tax relief or other facilities. + Article 21 (1) Goods imported with exemption from customs duties, in application of the provisions of art. 16, 18 and 19: a) may be freely re-exported, provided that, as regards the goods imported according to art. 16, to be delivered to the customs office an inventory certificate, issued in accordance with the provisions of this Article. However, the customs service maintains the right to verify that those goods re-exported are those described in the certificate-inventory and whether they were indeed imported under the conditions laid down in art. 16 16, 18 and 19, as applicable; b) cannot, as a rule, be alienated in Romania by sale or by donation. By way of exception, such alienation may be authorized under the conditions established by the competent authorities of the Romanian state regarding the payment of customs duties and taxes, the fulfilment of the requirements specific to the foreign trade activity and the currency exchange. (2) The goods acquired in Romania will be exported only in accordance with the regulations in force of the Romanian state. + Article 22 Temporary importation operations for strategic products as well as for articles and technologies subject to final destination control shall be carried out with the opinion of the Romanian competent authority. + Article 23 The staff of the sending state will be able to use, under the law, the electromagnetic spectrum, their own means and communication facilities, as well as the internal mail and telecommunications services, based on the Ministry of Defense National, to the Romanian competent authority. + Article 24 The staff of the sending state can benefit from tourism services, under conditions similar to those of Romanian citizens. + Article 25 (1) The personnel of the force, of the civil component as well as their family members may obtain medical assistance under the same conditions as the personnel of the Ministry of National Defence (2) Local structures in the Ministry of Health system will cooperate with the Romanian military authorities and the sending state in order to provide health care, supporting each other in health problems, especially in terms of control of communicable diseases, according to international conventions. + Article 26 (1) If the establishment of taxes in the Romanian state depends on the residence or residence of the taxpayer, the period in which a member of the force or civil component is located on the territory of Romania will not be considered, for the establishment tax, as a period of residence or as a change of residence or residence. (2) During the stay in Romania the salaries and allowances paid to the members of the force and of the civil component by the sending state are exempt from paying taxes. + Article 27 The profit-generating activities can be carried out in Romania by the members of the force, the civil component or their family members only after obtaining the legal approvals, and will be subject to the tax regime applicable in Romania. + Article 28 The Ministry of National Defence will provide the Ministry of Interior, on the basis of a bilateral document, the data on the staff of the sending state, so that it can take the necessary measures, both during the trip and in the area dislocation of the respective personnel, in order to ensure the security of movement, adequate protection of the military technique, equipment, property, as well as the documents and information of the staff of the sending state. + Article 29 (1) In order to prevent crimes under the customs and fiscal regime, the Romanian authorities and the military authorities of the sending state will provide each other assistance in carrying out investigations and gathering evidence. (2) The military authorities of the sending State shall provide all support to ensure that goods liable to be confiscated by the Romanian customs or tax authorities or on behalf of these authorities are made available to the authorities That. (3) The authorities of the force shall provide all support to ensure the payment of customs duties, taxes and penalties due by members of the force or civil component or by their family members. (4) Official vehicles and objects belonging to the civil force or component, but not to a member of such a force or civil component, retained by the Romanian authorities in connection with a violation of customs or tax laws or regulations, will be returned to the authorities of that force. + Chapter 4 Use of local labour force + Article 30 (1) The force may engage in its personal service from among the local civilian population, through the territorial labour offices, by the conclusion of fixed-term employment contracts or civil conventions. ((2) Conditions of employment, employment and social protection, respectively salaries and related rights in the conditions of protection of work, social security and protection of the unemployed, as well as obligations for the establishment of the insurance fund social, pension and unemployment benefits will be established in accordance with the Romanian legislation in force. (3) The force shall be obliged to pay the social insurance of the staff employed, the contributions regarding the medical insurance due to the local competent institutions and the amounts due to the budget for taxes on salaries. + Article 31 The obligations deriving from the employment of a civilian labor force in Romania, for the military authorities of the sending state, are: a) ensure that military installations, constructions, technical equipment and technologies in which or with which the employed personnel will operate do not expose him to risk of injury or acute professional intoxication; b) establish the duties and responsibilities of employees in the field of labor protection, corresponding to the functions they are to exercise; c) to hire only persons who, as a result of medical examination and the verification of psychoprofessional skills, correspond to the task of work they are to exercise; d) to provide at their own expense individual and/or collective means of work and protection, corresponding to the risks of the activity provided, according to the Republican Normative-framework for the granting of protective and working equipment; e) to train at employment and periodically the civil personnel employed with regard to the specific labor protection rules, appropriate to the activity performed, in accordance with the provisions of the employment contract or of the service provision convention; f) consider the employment of authorized personnel for the exercise of the trades and professions provided for in the labor protection rules. + Article 32 (1) In the event of the injury of a Romanian civil employee in the perimeter of the force of the force, the investigation of the causes, circumstances and the establishment of liability, respectively of the measures for the prevention of similar accidents, will be carried out by empowered by the competent Romanian authority, together with an empowered representative of the force. (2) In the situation referred to in par. (1) the military authorities of the sending State may request that their power of attorney be a representative of the Ministry of Labour and Social Protection-State Inspection for Labour Protection. + Article 33 Personal acute injury or intoxication by force of third persons belonging to the Romanian state, as a result of actions or omissions produced outside its perimeter and under conditions other than those specific to the implementation of NATO-SOFA or the agreement, will be investigated by the Romanian state through its competent bodies. + Article 34 ((1) Attraction of liability for actions or omissions that have had the effect of injury (temporary injury, injury with consequences of invalidity or fatal injury) or acute professional intoxication will be communicated to the military authority of the the sending state, in order to locate it in the organizational structure of the force. (2) The termination of claims of the injured party, legal or physical person, shall be carried out in accordance with the provisions of the head. VII. (3) In order to establish the circumstances and causes that led to the injury or professional illness of some individuals or employees of legal entities, the military authorities of the sending state will provide all the support the Romanian state authorities for obtaining the necessary evidence in order to elucidate the + Chapter 5 Environmental protection + Article 35 The staff of the sending state is obliged to comply with the provisions of the Romanian legislation in force on the + Article 36 (1) In Romania the staff of the sending State shall be prohibited the following activities: a) import of waste of any kind; b) degradation of land and agricultural crops, as well as of wine plantations; c) the use of pesticides without legal approvals; d) animal injury; e) washing in the natural waters of motor vehicles, machinery, as well as bodies containing oils, liquid fuel, lubricants, hazardous substances or pesticides; f) the burning of stubble, reed and grassy vegetation; g) the collection and marketing of plants, the capture by any means, the possession and marketing of animals declared monuments of nature, as well as the dislocation, possession and marketing of mineralogical, speleological and paleontological parts, from places declared monuments of nature; h) the introduction into the country of cultures of micro-organisms, of live plants and animals, and of products of animal origin, without the consent of the central or local authority for the protection of phytosanitary, veterinary or, where appropriate, of protection the environment; i) execution of any activities that could have an impact on the environment, without legal approvals. (2) Finding the violation of the provisions of para. (1) returns to the competent bodies of the Ministry of Water, Forestry and Environmental Protection, as well as from the Ministry of Agriculture and Food. + Article 37 For the military activities that take place on the territory of Romania the Ministry of National Defence will ensure the necessary conditions for the protection of environmental factors and will carry out the restoration of the damaged environment. + Chapter 6 Jurisdiction + Article 38 (. Under the conditions laid down in this Article: a) the competent authorities of the Romanian state will exercise jurisdiction over the members of a force or civil component and on their family members regarding the crimes committed on the territory of Romania and criminalized by the law Romanian; b) the military authorities of the sending State shall have the right to exercise the criminal jurisdiction or disciplinary competence conferred upon them by the law of the sending State in respect of persons subject to the military laws of this State; c) the competent authorities of the Romanian state will have the right to exercise their exclusive jurisdiction over members of a civil force or component and their family members in respect of crimes, including those relating to to the security of this state, punished by the Romanian law, but not by the law of the sending state; d) the military authorities of the sending State shall have the right to exercise their exclusive jurisdiction over persons subject to the military laws of this State for the offences, including those relating to its security, criminalized by the law the sending state, but not the Romanian law. (2) For the purposes of this law, a crime against the security of the state refers to: a) the betrayal of the homeland; b) acts of diversion, espionage or violation of any law relating to state and professional secrecy or secrets regarding national security. + Article 39 (1) If the right to exercise jurisdiction is a competitor, the military authorities of the sending State shall have the right to exercise, as a matter of priority, jurisdiction over a member of their own force or civil component in what Look: a) crimes directed only against the property or security of the sending state or the offences directed only against the person or property of another member of the force or of the civil component of this state or to a member of family; b) the offences arising from any act or omission produced in the performance of official duties. (2) In the case of any other crime the Romanian state authorities will have the right to exercise, as a priority, the jurisdiction. (3) If the State which has the priority right decides not to exercise its jurisdiction, it shall inform the authorities of the other State as soon as possible. The state authorities that have the priority right of jurisdiction will consider with good will the request for waiver of this right, formulated by the authorities of the other state, if this state considers that such a waiver is of special importance. (4) The provisions of this chapter do not imply any right for the military authorities of the sending State to exercise its jurisdiction over persons who are citizens of the Romanian state or permanent residents of this state, outside where they are members of the force of the sending State. + Article 40 Persons subject to the military laws of the sending state are under the Romanian legislation for sanctioning the acts of violation of certain norms of social coexistence or public order and tranquility, under conditions similar to the Romanian military. + Article 41 (1) The military authorities of the sending State and the Romanian state authorities shall provide mutual support for the detention of the members of the force, of its civil component or of their family members on the Romanian territory and for their surrender the authority to exercise its jurisdiction, according to the established powers. (2) The authorities of the Romanian state shall promptly notify the military authorities of the sending state about the detention of any member of a force, its civil component or a family member thereof. (3) If the Romanian state is to exercise its jurisdiction over a member of a force or civil component, accused of committing a crime, it will remain in the custody of the sending state until such time as it is laid down. on charges of the Romanian state. + Article 42 (1) The military authorities of the sending State and the Romanian State shall give each other support for carrying out all necessary investigations into the offences as well as the collection and administration of evidence, including in sequestration and, where appropriate, in the surrender of objects related to the offence. The surrender of such objects may be made subject to their return within a time limit set by the authority which teaches them. (. The authorities of the Contracting Parties shall notify each other of their decision in all cases where there are competing rights to exercise jurisdiction. + Article 43 (1) When a mission is attended by forces of several Contracting Parties to NATO-SOFA or to the Agreement and a member belonging to one of these forces has been judged, in accordance with the above provisions, by the Romanian competent authorities and been convicted, acquitted or pardoned, he will not be able to be tried again for the same act by the authorities of another contracting party to NATO-SOFA or to the agreement. (2) Under the conditions of paragraph (1) the military authorities of the sending state will be able to sanction a member of the force for any violation of the rules of discipline arising from the act for which he was tried. + Article 44 When a member of the force or civil component or a family member of him is put under criminal prosecution under the jurisdiction of the Romanian state, he will have the right: a) to the expeditious settlement of the case; b) be informed about the concrete charges against him; c) be confronted by the witnesses who accuse him; d) that the witnesses who may lodge in his favour be obliged to appear in court, if they are under the jurisdiction of the Romanian State; e) have a defender appointed by him or a defender to provide him with free assistance, under the law; f) benefit from the services of a competent interpreter; g) to communicate with the representative of the government of the sending State and, when the rules of procedure allow, it can be present at the trial. + Article 45 (1) The units or military formations of the force, the regulatory body, must ensure security and order in all the camps, settlements or other installations they occupy, in accordance with the agreements concluded with the Romanian state. The force's military police can take all measures they deem necessary to maintain order and security in such places. (2) Outside these places the military police force will be used only on the basis of agreements with the Romanian state authorities and in collaboration with them, to the extent that interventions are necessary to maintain order and discipline among force members. + Chapter 7 Damages, claims + Article 46 (1) The Romanian state will waive any claims against the sending state for damage caused to any property belonging to it and which is used by its land, sea or air forces, if the damage: a) was produced by a member of the force or civil component of the sending state during the execution of the special mission on the territory of Romania; b) was produced as a result of the use of any vehicle, of any ship or aircraft belonging to the sending State and is used by its force or civil component during the special mission in Romania, and the damage was caused to a properties of the Romanian state, used for the same purpose. (2) The Romanian State will waive the claims arising from maritime rescue operations, whether the ship or cargo belongs to the sending State and was used by the force or its civil component during the special mission carried out on . + Article 47 (1) In the case of damage caused under the conditions laid down in art. 46, but a property of the Romanian state outside the one used by its armed forces, located on its territory, the problem of responsibility of the sending state, as well as the amount of compensation will be established through negotiations between the authorities the two states. (2) In the situation referred to in par. (1) the Romanian state will give up its claims, if the amount of the damage will be less than the equivalent in lei of $1,000 U.S. + Article 48 Each Contracting Party shall waive all its claims to any other Contracting Party for the injury or death of any member of its armed forces, if it has acted in the performance of its official duties. + Article 49 ((1) The claims against members of a force or of a civil component, arising from acts and omissions that train the author's liability in Romania and which were not committed during the exercise of official duties, shall be resolved as follows: a) the Romanian state authorities will examine the claim, establish in a just and fair manner the compensation due to the applicant, taking into account all the circumstances of the case, including the behavior of the injured person, and will draw up a substantiated report of the case; b) the report will be sent to the military authorities of the sending State, who will decide without delay if they will proceed with a compensation as a favour and, in this case, determine the amount; c) if an offer of compensation is made and accepted by the applicant as a full compensation, the force authorities will themselves make this payment and inform the Romanian state authorities about their decision and about the amount paid; d) the provisions of this paragraph do not affect the jurisdiction of the courts of the Romanian state to settle an action brought against a member of a force or civil component. ((2) The claims arising from the unauthorized use of any vehicle of the armed forces of the sending State shall be settled in accordance with the provisions of par. ((1), unless the force or civil component itself bears legal liability. ((3) Where there is a dispute in determining whether the act that entails liability or whether the omission attributable to a member of the force or the civil component has occurred in the exercise of official or outside duties, such as and if the use of a vehicle belonging to the force of the sending State has been or is not authorized, the dispute will be settled by negotiations between the competent authorities of the two States. + Article 50 The sending state will not be able to invoke immunity from the jurisdiction of the courts of the Romanian state for the members of the force or its civil component, in terms of civil cases returning to the competence of these courts. + Article 51 ((1) Claims, other than claims arising from contracts and those to which the provisions of art. 46 46, 47 and 48, arising from acts or omissions of members of a force or civil component, produced in the performance of official obligations, or from any other act, omission or circumstance for which a force or component is liable civil and causing damage on the territory of the Romanian state to third parties, individuals or legal entities, regardless of their status or nationality, other than those belonging to the contracting parties, will be solved by the Romanian state according to the provisions of this Article. ((2) The claims will be filed, registered and settled or tried in accordance with the laws and regulations of the Romanian state, applicable to claims arising from the activities of its own armed forces. (3) The Romanian courts can settle any such claims, and the payment of the amounts established by court decision will be carried out by the Romanian state in lei. ((4) Such payment, agreed between the parties or established by judicial decision, is mandatory, in both cases, for the parties involved. (5) Any claim settled by the Romanian state will be communicated to the interested sending states, together with complete information and a proposal to share the amounts, in accordance with the provisions of par. ((6) lit. a), b) and c). In the absence of an answer within two months, it will be considered that the proposed split has been accepted. (6) The amounts necessary for the settlement of claims, under the conditions of this article and of art. 47, shall be divided between the Contracting Parties as follows: a) when the entire responsibility lies with a single state, the agreed amount or established by the court will be borne in proportion of 25% in the charge of the Romanian state and 75% in the task of the sending state; b) when several states are liable, the agreed amount or determined by the court will be borne equally by these states; if the Romanian state is not one of the responsible states, its part will be half of the contribution of each sending State; c) when the damage was caused by the armed forces of the contracting parties and it is not possible to be imputed precisely to one or more of these armed forces, the agreed amount or determined by the court will be divided equally between the Contracting Parties; if the Romanian State is not one of the States whose armed forces have caused damage, its share shall be half of the contribution of each sending State; d) semi-annually, the Romanian state will send to the sending states interested a situation regarding the amounts it paid during the previous semester, for each case in which the proposed percentage division was accepted; the situation will be accompanied of a request for reimbursement; the reimbursement will be made, as soon as possible, in the currency of the Romanian state. (7) A member of the force or civil component shall not be subject to any enforcement action of any judicial decision rendered against him in the Romanian State, in a matter arising from the performance of his duties. Official. ((8) Unless the provisions of paragraph 1. (6) applies to the claims to which art refers. 47, the provisions of this Article shall not apply to claims in relation to navigation, the operation of a ship or the loading, transport or unloading of goods from ships, other than those arising from the death or injury of a person in to which art. 48 48 is not applicable. + Article 52 The military authorities of the sending state and the Romanian state will cooperate in obtaining the necessary evidence of a fair settlement of the claims that interest the parties in the dispute. + Chapter 8 Final provisions + Article 53 (1) The military authorities of the sending state have the right and the obligation to dispose of the body of a member of the force, of the civil component or of a family member of his deceased in Romania, as well as of his personal property. (2) No autopsies will be carried out on the staff of the sending state, who died in Romania, without the written consent of the military authorities of this state. + Article 54 The presence of a foreign force on the territory of Romania is subject to approvals provided by the Romanian legislation in force. + Article 55 The provisions for detailing the status of the force, the civil component or their family members, belonging to the states parties to NATO-SOFA or to the agreement, on the territory of Romania, are agreed by special agreements, which end for each Mission. + Article 56 (1) The Romanian competent authorities and other institutions with attributions in the field will ensure the fulfilment of Romania's obligations under this law. (2) In carrying out its duties, the Ministry of National Defence shall also collaborate with other public authorities or economic agents in the areas where the military exercises and applications are carried out. This law was adopted by the Chamber of Deputies at its meeting on February 29, 2000, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, BOGDAN NICULESCU-DUVAZ This law was adopted by the Senate at the meeting of March 13, 2000, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA --------