Law No. 61 of 24 April 2000 for implementation of the agreement between the States parties to the North Atlantic Treaty and the other States participating in the partnership for peace regarding the status of their forces, signed in Brussels on 19 June 1995 PARLIAMENT ISSUING published in MONITORUL OFICIAL nr. 185 of 28 April 2000, Romania, as a State party to the agreement of the States parties to the North Atlantic Treaty and the other States participating in the partnership for peace regarding the status of their forces, signed in Brussels on 19 June 1995 and ratified by law No. 23/1996, hereinafter referred to as the agreement, believe that this quality is to apply the provisions of the agreement between the States parties to the North Atlantic Treaty regarding the status of their forces, adopted in London on 19 June 1951, hereafter NATO-SOFA, as if it were a party to the NATO SOFA, with the exceptions provided for in the agreement.
Considering the need for and the importance of the establishment of the legal framework for the regulation of the status of States parties with NATO forces-SOFA or to agree when such strengths are sent and received on the basis of separate agreements, in 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 as follows: 1. strength means personnel who belong to the land forces, Navy and aircraft of one of the Contracting Parties to the NATO SOFA Agreement or within the territory of Romania for the fulfilment of official missions, except where expressly agreed that certain persons formations, units or be otherwise considered;
2. civilian component accompanying civilian personnel means military personnel of a Contracting Party to the NATO SOFA or to agree on the Romanian territory, being an employee of the armed forces of that Contracting Party; This category does not stateless persons, nationals of another State which is not party to the NATO SOFA or to the agreement as well as Romanian citizens or permanent residents in Romania;
3. Member of the family means husband/wife of a member of a force or civilian component times the dependent children of his/her;
4. State Contracting Party means the trimiţător NATO-SOFA or at the agreement, which belongs to the force or civilian component sent to stationing or transit through the territory of Romania;
5. the authorities of the State military trimiţător shall mean those authorities invested with the powers of command and application of the laws of that State with respect to its workforce members or civilian component;
6. staff rule trimiţător, members of the force means you have the civilian component, and their family members.
Article 2 the civil component, and their family members have the obligation to respect the laws and to abstain from any activity inconsistent with the spirit and with NATO-SOFA or the agreement, particularly with non-involvement in any policy in Romania.
Article 3 in order to establish the conditions for the conduct of the operations for which they are sent and received on the territory of NATO Member States or of States participating in the partnership for peace, the Government, through the Ministry of national defense, will negotiate and conclude separate agreements with parties involved in the operations concerned.
Chapter 2 Conditions relating to the entry or the exit of Romania staff trimiţător State in article 4 (1) the entry or exit of Romania or force its members belonging to the State, in compliance with paragraph trimiţător. (3) and (4) of this article and complying with the formalities established by the Romanian State, will be exempted from entry visa or exit.
(2) exception to the border control units and subunits consisting of trimiţător State and their means of transport, which will be communicated in writing to the competent structures of the Ministry of the Interior and the General Directorate of the Ministry of national defense, Vamilor, with at least 3 days prior to arrival.
(3) members of the force can cross the border based on the following documents: (a) personal identity card), issued by the State of trimiţător, complete with photo and with headings to indicate the name and surname, date of birth, grade, number (if applicable), the weapon;
b) order of individual or collective displacement, drafted in the language of trimiţător and State in the English and French languages, issued by the institution of the State or jurisdiction trimiţător of the North Atlantic Treaty Organization, certifying the status of the person or the group membership of the military force, and orderly movement. Romania will be able to claim, on the occasion of the conclusion of special agreements for reference-receipt, as the displacement to be countersigned by the Minister of national defence.
(4) the Civil Component and family members can pass the State border of Romania-based Passport stating their quality in the documents approved.
(5) the civil component strength, and family members, their belongings, and the means of transport will enter into Romania through the checkpoints for crossing the border, open to international traffic.
(6) the State border of Romania can be done by other places, under conditions laid down in bilateral agreements and arrangements between Romania and neighboring States, as well as through the airports that cannot operate in international traffic, with the approval of the Ministry of transport, Ministry of Interior and the Ministry of Finance, Ministry of national defense-requested 3 days prior to arrival to the point set.
Article 5 (1) where a member of a forte or a civilian component leaves the service of the State trimiţător and is not repatriated, trimiţător State military authorities shall forthwith inform the Romanian authorities, which will give you all the information you need. Trimiţător State military authorities will inform the Romanian authorities about any such absent member unmotivated for more than 21 days.
(2) if the State has requested leaving the territory or by a member of a civilian component or of the times issued a removal order against a former member of a forte of a civilian component or against a family member, the military authorities of the State have an obligation to receive trimiţător the person concerned within its own territory or to determine or to leave the territory of the Romanian State. The provisions of this paragraph shall apply only to persons who are not citizens from Romania and Romania also joined as members of a civilian component of times or in order to acquire this quality, as well as members of the family of any such persons.
Article 6 (1) is binding on military Attire at the transition units and subunits across the State border.
(2) during activities in Romania trimiţător state labor members may wear civilian attire and, under the same conditions as the Romanian soldiers who participate in these activities.
Article 7 (1) of the State's trimiţător military Vehicles may cross the State border on public roads, if it fulfils the conditions for being admitted into the international movement and if their leaders posses driving license national or international, in the form established by the International Convention on the road.
(2) motor vehicles mentioned in paragraph 1. (1) whose registration certificate does not meet the conditions laid down by the International Convention on the road can run on public roads, if the certificate is endorsed by the Ministry of the Interior, at the request of the Ministry of national defence.
(3) motor vehicles mentioned in paragraph 1. (1) will be provided, in addition to the registration number, with a distinguishing sign of the State of belonging.
Article 8 (1) the equipment, materials, transportation, and other goods needed for the use of force and the civilian component shall be exempt from customs duties.
(2) for products imported on a temporary basis and that are no longer exported from Romania will be submitted the documents for their transition to the definitive import regime.
(3) Any other property, in addition to those intended exclusively for force and the civilian component, are subject to the customs procedure applicable to individuals, both placing and removing them from the country.
(4) subject to any express derogarilor provided for in this law, the customs operations of the members of the force, civilian component you and their family members will be made to customs units of interior closest to their place of deployment of the force, in the case of goods moving in transit, under customs supervision.
Article 9 official documents contained in sealed envelopes are not subject to customs control, if those who carry them have an individual order, issued under the conditions referred to in article 1. "". (3) (a). b). travel In the order will specify the number of envelopes and the fact that they contain only official documents.
Chapter 3 trimiţător State personnel Stationing in Romania labor Members Article 10 may hold, carry and use, in accordance with the law, military weapons, pistols or revolvers and ammunition appropriate during their stay in Romania, with the opinion of the competent authorities, at the request of the Ministry of national defence, and also wear and use, in accordance with the law, military weapons received as a gift or as a reward.
Perimeters, buildings, infrastructure elements are made available to the force, assistance with regard to the transfer of personnel, equipment, and supply the stationary, as well as the other services of a general nature will be specified in the agreement of each operational activities by the Ministry of national defence.
Article 12 (1) in the case of the use of the force bases, ports, airports, and other permanent structures, will be that contracts shall include particulars relating to the nationality and name, hosted, the departure, the number of conscripts (by grade) and the number of civilians, the number and type of vehicles, as well as those for logistics and transport, the number of weapon systems (including artillery , specifying size), the number of individual weapons, arms served by crews and also the total amount of Ammo (specifying the type and size) at the disposal of the unit.
(2) contracts shall mention all units and the units made available labour, specifying those for accommodation, offices, storerooms, warehouses of ammunition equipment, parking of vehicles, the installation of tents or containers and other related services.
(3) the operational costs, and maintenance of national structures, made available under contracts concluded for this purpose, will be paid by the military authorities of the State trimiţător for the entire duration of the operation.
(4) specific activities will use force and polygons in the Ministry of national defence, as well as, where appropriate, lands, airports, ports and other spaces and immovable property laid down in accordance with the law, on the basis of contracts concluded with the public authorities or other legal persons or individuals as appropriate.
Article 13 competent public authorities and managers of economic agents and public institutions, to whom they are responsible in relation to the activities referred to in article 1. 11 and 12, will be informed, at least two months prior to the commencement of such activities, with all the necessary data and what you need, by the Ministry of national defence.
Article 14 (1) For all expenses incurred by the force of payment will be in accordance with the legal provisions in force, in national currency, before leaving the territory, at the exchange rate at the time.
(2) detailed rules for subsequent payments will be provided both in the content of the memorandum of understanding, and in agreement with all the technical data necessary for timely recovery of amounts outstanding.
(3) foreign exchange operations, as well as the level of the amounts in foreign currency in lei and that can be inserted or removed from the country are subject to the regulations of the National Bank of Romania.
Article 15 (1) the provision of goods, services or supplies by individuals and legal entities will be achieved, without the influence of the local market, under contracts signed by military authorities of trimiţător State, and payments will be made directly to the supplier.
(2) procedures for the selection of bidders within the competence of the military authorities of the State trimiţător, but they may request assistance from the specialized agencies.
(3) the misunderstandings of precontractual arising in connection with the invitation to tender procedure and the selection of the offer price, as well as disputes in relation to the execution of contracts will be solved according to the Romanian legislation.
(4) Purchase locally by members of the trimiţător State of the goods necessary for their personal consumption will be done under conditions similar to those of citizens of the State.
Article 16 goods referred to in article 1. 8 para. (2) are subject to the procedures provided for by the customs code of the Republic of Romania to suspensive customs regime of temporary admission, within the limits set by the Government.
Article 17 (1) Vehicles belonging to a civil or components are exempt from fees for the use of public roads.
(2) supplies of fuels and lubricants, carried out in the country to ensure motor vehicle officials, aircraft and ships belonging to the labour force and are used in order to carry out official missions are exempt from value added tax, with the exercise of the right of deduction of the fee of the purchases of goods and services for these products.
Article 18 a member of a body or a civil component, on the occasion of the first arrivals on mission or on the occasion of the first arrivals of a family member, can import personal effects and furniture required, free of duty, for the duration of the mission.
Article 19 (1) members of the force or civilian component may import temporarily free of duty, vehicles for personal use or to their family members, without the right to lease or alienation.
(2) for vehicles referred to in paragraph 1. (1) shall not be granted exemption from the fees charged for the use of public roads.
Article 20 Imports made by the military authorities of the State trimiţător for purposes other than those intended for the exclusive use of the force or civilian component, as well as imports, other than those referred to in article 1. 18 and 19, performed by members of a civil or a component, are not entitled to any relief or other facilities.
Article 21 (1) goods imported free of customs duties, pursuant to the provisions of article 3. 16, 18 and 19: a) may be re-exported freely, provided that, in respect of goods imported under art. 16, to be submitted to the Customs Office a certified inventory, issued in accordance with the provisions of this article. Customs Service maintains however the right to verify that such goods are re-exported as described in the certificate inventory and if they have indeed been imported under the conditions laid down in article 21. 16, 18 and 19, as appropriate;
b) cannot be disposed of, usually in Romania by sale or by donation. Notwithstanding, such disposal may be authorized under the conditions laid down by the competent authorities of the Romanian Government regarding the payment of customs duties and taxes, specific requirements for foreign trade and Exchange.
(2) goods acquired in Romania will be exported in accordance with the rules of the Romanian State.
Article 22 temporary import Operations for strategic products and for items and technologies subject to control the final destination will be carried out with the competent authority's opinion.
Article 23 trimiţător State Personnel will be able to use the law, electromagnetic spectrum, their own means and communication facilities, as well as the internal services of the post and telecommunications, on the basis of requests from the Ministry of national defence, addressed to the competent authority.
Article 24 Staff trimiţător State can benefit from the services of tourism, under conditions similar to those of Romanian citizens.
Article 25 (1) of the Staff force, civilian component, and their family members can obtain healthcare under the same conditions as staff of the Ministry of national defence.
(2) local structures of the Ministry of health will cooperate with Romanian military authorities and the State trimiţător in order to ensure medical care, supporting each other in health matters, in particular with regard to the control of communicable diseases, in accordance with international conventions.
Article 26 (1) if the establishment of the Romanian State taxes depends on the residence or domicile of the taxpayer, the period during which a member of a force or civilian component shall be located on the territory of Romania shall not be deemed, for the purposes of tax in question, as the period of residence or as a change of residence antrenand times the domicile.
(2) during the Romania salaries and allowances paid to members of the labour force and the civilian component of the trimiţător State are exempt from paying taxes.
Article 27 the profit-generating Activities can be deployed in Romania by members of the civilian component, you force or members of their families only after obtaining legal approvals, should be subject to the tax regime applicable in Romania.
Article 28 the National Defense Ministry will provide the Ministry of the Interior, on the basis of a bilateral document, data on staff trimiţător State, so that it can take appropriate measures, both during travel and in the area of deployment of the staff concerned, in order to ensure the safety of movement, adequate protection of military equipment, equipment, property, and personnel of State documents and information trimiţător.
Article 29 (1) in order to prevent offences from the Customs and tax authorities and State military authorities will grant trimiţător mutual assistance in conducting investigations and in the taking of evidence.
(2) trimiţător State military authorities will provide full support to ensure that goods are likely to be confiscated by the Customs authorities or the Romanian fiscal times in the name of these authorities to be made available to the authorities concerned.
(3) the labor Authorities will provide all support to ensure payment of the customs duties, taxes and penalties owed by members of the force or civilian component times their family members.
(4) official Vehicles and articles belonging to the force or civilian component, but not a member of a civilian component also, forte or retained by the Romanian authorities in connection with a violation of the laws or customs regulations, tax will be times returned to the authorities of the respective strengths.
Chapter 4 use of local labour in article 30 (1) Force can engage in the service or in person from among the civilian population, in territorial offices of labour, through the conclusion of contracts of employment on fixed term or civil Convention.
(2) the conditions of employment, labour and social protection, i.e. salaries and related rights under the conditions of labour protection, social insurance and protection for the unemployed, as well as obligations to fund social security, pension and unemployment benefit shall be determined in accordance with the Romanian legislation in force.
(3) Force is ordered to pay social insurance of employees, medical insurance contributions payable by local institutions and the relevant amounts due to budget for payroll taxes.
Article 31 obligations derive as a result of the employment of a job in Romania, for the military authorities of the State trimiţător, are: a) to ensure that military installations, construction, machinery and technologies in which or with which they will work our staff do not expose him to the risk of accident or acute intoxication;
(b) establish the powers and) its responsibilities devolving upon the employees in the field of labour protection, corresponding functions to perform;
c) to hire only persons who, as a result of medical control and audit skills psihoprofesionale, correspond to the load of work you are going to exercise;
d) ensure at his own expense means individual and/or collective work and the corresponding risk protection, work performed, in accordance with the framework of republican Connection grant of protective equipment and work;
e employment) to instruct and civilian personnel engaged regularly with regard to the specific rules of labour protection, suitable for work performed, in accordance with the provisions of the contract or the Convention of providing services;
(f)) to consider employing authorised personnel for carrying out trades and professions as provided for in the rules of labour protection.
Article 32 (1) in the case of an employee of the Romanian civil accidentarii in the perimeter of the base force, research into the causes, circumstances and the determination of liability, namely measures to prevent similar accidents, will be performed by an authorized representative of the competent authority, together with the Romanian representative authorized force.
(2) In the situation referred to in paragraph 1. (1) the military authorities of the State trimiţător may require that the representative is a representative of the Ministry of labour and social welfare-State Inspection for Safety.
Article 33 occupational injury or acute intoxication by force of third parties belonging to the Romanian State, as a result of actions or omissions products besides its perimeter and under conditions other than those specific to the implementation of the NATO SOFA or the agreement, will be explored by the Romanian State through its competent bodies.
Article 34 (1) Attracting liability for actions or omissions which have resulted in injury (injury, injury or disability with track deadly injury) or acute professional intoxication will be communicated to the military authority of the State of trimiţător in locating it in the organizational structure of the workforce.
(2) the injured party claims Extinguishment, the legal or natural person, shall be implemented in accordance with the provisions of cap. VII. (3) in order to establish the circumstances and causes that led to the injury or occupational illness of some individuals or some employees of legal persons, State military authorities will grant trimiţător support of the Romanian State authorities for obtaining the evidence necessary for the case. elucidarii
Chapter 5 protecting the environment Article 35 Staff trimiţător State is bound to respect the provisions of the Romanian legislation in force concerning environmental protection.
Article 36 (1) In Romania trimiţător State personnel are prohibited the following activities: import of any waste) nature;
b) land degradation and agriculture, as well as of vitipomicole;
c) pesticides without legal approvals;
(e) natural waters) and washing of vehicles, equipment, and fixtures that contain oils, liquid fuel, lubricants, pesticides, dangerous or substances;
miristilor f) the burning of vegetation, grassy and Reed;
g) collection and sale of plants, capturing by any means, possession and sale of animals declared natural monuments, as well as deployment, possession and sale of spare parts for mineralogical, paleontological, and coming from places which have been declared natural monuments;
h) introduction into the country of some cultures of microorganisms, plants and animals live, and products of animal origin, without the consent of the central or local authority for the protection of the health and phytosanitary, veterinary or, where appropriate, the protection of the environment;
(I) any enforcement activities) could have an impact on the environment, without legal approvals.
(2) the finding of the infringement mentioned in paragraph 1. (1) returns the Ministry skill bodies of waters, Forests and environmental protection, as well as from the Ministry of agriculture and food.
Article 37 For military activities taking place in the territory of the Romanian Ministry of national defense will ensure the conditions necessary for the protection of environment factors and will carry out the work of restoration of the damaged environment.
Chapter 6 the jurisdiction of Article 38 (1) under the conditions laid down in this article: (a) the competent authorities of the Member State) English will exercise jurisdiction over members of a forte or a civilian component, and their family members in respect of offences committed in the territory of Romania and the Romanian law criminalised;
b) military authorities will have the right trimiţător State to exercise criminal jurisdiction or competence of the disciplinary action that is offered to them by the law of the State with respect to trimiţător persons subject to military laws of this State;
(c) the competent authorities of the Member State) English shall have the right to exercise exclusive jurisdiction over members of a forte or a civilian component, and their family members in relation to the crimes, including those relating to the security of that State, punishable by the Romanian law, but not by the law of the State trimiţător;
d) trimiţător State military authorities will have the right to exercise exclusive jurisdiction over persons subject to military laws of that State for the crimes, including those relating to its security, incriminated by law trimiţător State, but not by Romanian law.
(2) for the purposes of this Act, an offence against State security concerns: the betrayal of the motherland);
b) acts of espionage or diversion, violation of any law relating to the State and professional secrecy or national safety secrets.
Article 39 (1) where the right to exercise jurisdiction is competitor, trimiţător State military authorities will have the right to exercise, priority jurisdiction over a member of his own strengths or civilian component with regard to offences directed): only against property or State security offences directed only trimiţător times against the person or property of another Member of the force or civilian component of that State or of a member of the family times;
b) offenses arising out of any deed or omission in the performance of official duties.
(2) In the case of any other offence of the Romanian State authorities will have the right to exercise, priority jurisdiction.
(3) where the State which has the priority right to decide not to exercise jurisdiction, it shall inform the authorities of that other State as soon as possible. The authorities of the State which has the priority right of jurisdiction will take into account the waiver request with goodwill from this law, formulated by other State authorities, where the Member State considers that such a waiver is of particular importance.
(4) the provisions of this chapter do not imply any right for trimiţător State military authorities to exercise jurisdiction over persons who are nationals or permanent residents of the Romanian State of this State unless they are members of the force trimiţător State.
Article 40 persons subject to military laws of the State of trimiţător is located under the Romanian legislation to penalize infringement of rules of social coexistence and peace or public order, under conditions similar to the Romanian soldiers.
(1) the military authorities of the State trimiţător and the Romanian State authorities shall assist each other for detaining members of the force, its civilian component you or their family members learn Romanian territory and for their teaching authority to exercise its jurisdiction, in accordance with the competences set.
(2) the Romanian State Authorities shall notify promptly the military authorities of the detaining State trimiţător about any member of a forte of its civil component, or a member of his family.
(3) where the Romanian State to exercise jurisdiction over a member of a civilian component or accused of committing an offence, it will remain in the custody of the State until the trimiţător who will be impeached by the Romanian State.
Article 42 (1) of the State military authorities trimiţător and the Romanian State shall assist each other to carry out all the necessary investigations concerning offences, and in the collection and management of evidence, including the seizure and, where appropriate, into handing over of objects connected with the offence. Handing over of such objects may be made provided that their return within a period determined by the authority.
(2) the authorities of the Contracting Parties shall notify each other's decision in all cases where there are concurrent rights to exercise jurisdiction.
Article 43 (1) when a mission to attend several of the Contracting Parties to the NATO SOFA or to the agreement and a member of one of these strengths has been judged in accordance with the above provisions, the Romanian competent authorities and was convicted, acquitted or pardoned, it will not be able to be tried again for the same Act of the authorities of another Contracting Party to NATO-SOFA or the agreement.
(2) under the conditions of paragraph 1. (1) the military authorities of the State will be able to trimiţător sanctiona a member of the force for any violation of rules of discipline arising from the deed for which he was tried.
Article 44 where a member of the force or civilian component or a member of his family is placed under the criminal jurisdiction of the Romanian State, he shall be entitled to: (a) promptly settlement) of the case;
(b)) to be informed of specific charges against him;
(c)) to be confronted with witnesses accuse him;
d) as witnesses in his favor, may apply to 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 assist free of charge, in accordance with the law;
f) to benefit from the services of a competent interpreter;
g) to communicate with the representative of the Government of the State of trimiţător and when the rules of procedure permit, it can be present at the trial.
Article 45 (1) military formations or Units of the regular force, constituted, must ensure guarding and order in all the camps, settlements or other installations that they occupy, in accordance with the agreements concluded with the Romanian State. The military police force may take all such measures as it considers necessary for the maintenance of order and security in such places.
(2) in addition to these places the military police force will be used only on the basis of agreements with the State authorities and in cooperation with them, to the extent that they are necessary interventions in order to maintain order and discipline among members of the force.
Chapter 7 Damage, claims Article 46 (1) the Romanian State will waive any claims against the State trimiţător for damage caused to any property that belongs to him and that is used by his forces, maritime or land-based aircraft, if the damage: a) has been produced by a member of a force or civilian component of the trimiţător State during the execution of the Special Mission to the territory of Romania;
b) was produced as a result of the use of any vehicle of any ship or aircraft which belongs to the State of trimiţător and is used by force or civilian component during its special mission in Romania, and damage was caused to a property of the Romanian State, used for the same purpose.
(2) the Romanian State will waive claims arising from maritime rescue operations if the vessel or the cargo belongs to the trimiţător State and was used by the force or civilian component of it during special mission carried out in Romania.
Article 47 (1) in the event of damage caused in the conditions laid down in article 21. 46, but a property of the Romanian State in addition to that used by its armed forces, situated on its territory, the question of the liability of the State trimiţător, as well as the amount of compensation will be determined through negotiations between the authorities of the two countries.
(2) In the situation referred to in paragraph 1. (1) the Romanian State will give up its claims, if the value of the damage will be less than the equivalent in lei of 1,000 dollars S.U.A.
Article 48 each Contracting Party shall waive all its claims against any other Contracting Party for personal injury or death of any member of the armed forces, if he acted in the performance of his official duties.
Article 49 (1) the claims against members of a forte or a civilian component arising from acts and omissions which train in Romania under the responsibility of the author and which have not been committed in the exercise of his official duties, will be resolved as follows: a) the Romanian State authorities shall examine the request for compensation, will be established in a manner that is fair and just compensation owed to the plaintiff taking into account all the circumstances of the case, including the conduct of the injured person, and will prepare a report of the case substantiated;
b) report will be sent to the military authorities of the State trimiţător, who will decide whether to proceed to compensation by way of favor and, in this case, will determine the amount;
c a) if compensation is made and accepted by the complainant as compensation, labour authorities shall make the payment themselves and this will inform the Romanian State authorities of their decision and of the sum 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 body or a civil component.
(2) Claims arising out of the unauthorized use of any vehicle of the armed forces of the trimiţător State will be resolved in accordance with paragraph 1. (1) in addition to cases where force or civilian component itself carries legal responsibility.
(3) where there is a dispute in determining whether that deed or omission of responsibility if the tornado is attributable to a member of a force or civilian component was produced in official duties or apart thereof, or use of a vehicle belonging to the State trimiţător force was authorized or not, the dispute will be resolved by negotiation between the competent authorities of the two States.
Article 50 State trimiţător will not be able to invoke immunity against the jurisdiction of the courts of the Romanian State for members of the force or its civilian component, in terms of the civil jurisdiction of these courts.
Article 51 (1) Claims, other than claims arising from contracts and those to whom they are applicable to the provisions of art. 46, 47 and 48, arising from acts or omissions of members of a civilian component, often produced in official duties, or of any other act or omission for which it is responsible under a force or civilian component and cause damage in the territory of the Romanian State of third parties, natural persons or legal entities, regardless of their nationality status times other than those belonging to the Contracting Parties, shall be resolved by the State in accordance with the provisions of this article.
(2) the claims shall be filed, registered and settled or adjudicated in accordance with the laws and regulations of the Romanian State, applicable to claims arising from the activities of its own armed strengths.
(3) the Romanian Courts may settle any such claims, and payment of the amounts laid down in the judgment will be carried out by the Romanian lei.
(4) such payment, agreed between the parties or determined by the Court, is binding in both cases for the parties involved.
(5) any claim resolved by the Romanian State will be communicated to the States concerned, together with the trimitatoare full information and with a proposal to divide the amounts, in accordance with paragraph 1. (6) (a). a), b) and (c)). In the absence of a reply within two months, it shall be considered that the proposed Division was accepted.
(6) the amounts needed for the settlement of claims under the terms of this article and of article 23. 47, will be shared among the parties as follows: a) when full responsibility lies with a single State, the agreed amount of times established court will be sustained at the rate of 25% to be borne by the Romanian State and of 75% in trimiţător State;
b) when they are responsible for many States, the agreed amount of times determined by the Court shall be borne equally by these States; in the event that the Romanian State is not one of the States responsible for its part will be half of the contribution of each State trimiţător;
c) when the damage was caused by the armed forces of the Contracting Parties and cannot be clearly attributed to one or more of these strengths, the agreed amount of times established court will be divided equally among the Contracting Parties; in the event that the Romanian State is not one of the States whose forte fought, the damage caused will be half of the contribution of each State trimiţător;
d) on a semi-annual basis the Romanian State will transmit a trimitatoare States concerned concerning the amounts you paid during the preceding, in each case which was accepted the Division of the proposed percentage; the situation will be accompanied by a request for reimbursement; repayment will be made in the shortest possible time, in the currency of the Romanian State.
(7) a member of a force or civilian component shall not be subject to any measures for the enforcement of any judgment given against him in the State, in a matter arising from the performance of his duties.
(8) except where the provisions of paragraph 1. (6) shall apply to claims covered by art. 47, the provisions of this article shall not apply to claims in connection with the navigation, with the operation of a ship or transport with loading or unloading of ships, in addition to those arising from death or personal injury to a person with respect to whom art. 48 is not applicable.
Article 52 of the State's trimiţător military authorities and the Romanian State shall cooperate in order to obtain the evidence necessary for a federal solution to equitable claims that interested parties in dispute.
Chapter 8 final provisions Article 53 (1) of the trimiţător State military authorities have the right and obligation to dispose of the body of a member of the force, of the civilian component or of a member of his family died in Romania, as well as his personal property assets.
(2) will not be carried out autopsies on the staff of the State trimiţător, died in Romania, without written permission of the military authorities of that State.
Article 54 a foreign Presence on Romanian territory is subject to approvals under the laws in force on Romanian.
Article 55 the provisions for detailing the status of force, civilian component or members of their families, States parties to the NATO SOFA or to agree on the Romanian territory, are agreed by special agreements, ending for each mission.
Article 56 (1) of the Romanian competent authorities and other institutions involved in the field will ensure the fulfilment of obligations under the present law of Romania.
(2) in carrying out the duties devolving upon it by this law, the Ministry of national defence cooperates with other public authorities or with businesses in areas where it conducts drills and military applications.
This law was adopted by the Chamber of deputies at its meeting on 29 February 2000, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. PRESIDENT CHAMBER of DEPUTIES, BOGDAN NICULESCU-DUVAZ this law was adopted by the Senate at its meeting on 13 March 2000, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. PRESIDENT of the SENATE, DANIELS T — — — — — — — —