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Law No. 284 Of 14 August 1947 For Disposal By The National Bank Of Romania To Gold, Currencies And Other Effective Means Of Foreign Payment

Original Language Title:  LEGE nr. 284 din 14 august 1947 pentru cedarea către Banca Naţionala a României a aurului, valutelor efective şi altor mijloace de plată străine

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LEGE no. 284 284 of 14 August 1947 for the disposal to the National Bank of Romania of gold, actual currencies and other means of foreign payment
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 186 186 of 15 August 1947



MIHAI I, Through the grace of God and the national will, King of Romania, To all present and future, health: The Assembly of Deputies voted and adopted, and We sanction what follows: + Article 1 Persons established in the country, having ownership or possession of any title, the values specified below in art. 2, are obliged to give them to the National Bank of Romania for payment in lei, at the official rate, within 15 days from the date of publication of the present law in the Official Gazette. It is considered established in the country, in the spirit of the present law natural or legal persons, whose domicile or ordinary settlement, residence or head office is located in Romania; branches of an enterprise abroad as well as establishments foreigners in Romania, whether or not they are legally independent, consider themselves established in the country, even if their headquarters would be abroad; also foreign citizens who live in the country for more than six months. + Article 2 It will yield: a) Gold in any form, as well as jubilee medals issued on the basis of Decree-Law No. 656 of 1944 , with the following exceptions: gold in the forms provided for by art. 6 of Law No. 638 of 1946 ; salves made of large and small Austrian ducats (large and small yellow), hangovers and icusars, as well as the numismatic collections that will be recognized as such by the National Bank of Romania, within the deadline of disposal fixed by this law. These exceptions are limiting. Jewelry made of gold coins struck after 1800 are not exempted; b) Effective currencies. Through effective currencies, metal or paper monets are understood, as well as bank tickets of any kind, beaten or issued abroad; c) Checks and payment orders expressed in the foreign currency; d) Available in accounts and receivables in foreign currency in the country and abroad. Through a communiqué that will appear in the Official Gazette with this law, the National Bank of Romania will establish the types of currencies and estimates provided by points b, c and d, to be ceded. + Article 3 They are obliged to yield the values specified in art. 2 and established by the National Bank of Romania: a) Individuals; b) Legal persons through their legal representatives; c) Persons unable or placed in prohibition, through their legal representatives; d) Persons who, on the basis of a legal provision of the order of an authority or by will possess values subject to disposal (union of bankruptcy, curator and executor of testamentary, etc.). e) Associations of persons without legal personality or without patrimony, through their legal representatives; f) State institutions and autonomous regions. The above mentioned persons are not obliged to justify the origin of the values shown in art. 2. + Article 4 Persons who in accordance with the provisions of this law have the obligation to cede the values specified in art. 2 and which on the date of publication in the Official Gazette of the present law are abroad are obliged to carry out the disposal operation within 15 days from the date of their entry into the country. + Article 5 Persons, established in the country who will acquire with any title, free or onerous, one of the values specified in art. 2, in a way other than on the basis of an authorization after the entry into force of this law are obliged to give them to the National Bank of Romania, personally or through an authorized bank, within 15 days from their acquisition. + Article 6 Persons who will acquire the status of person established in the country, as defined in art. 1, para. 2, of this law, are obliged to cede to the National Bank of Romania, personally or through an authorized bank, within 10 days from the date when they bring down this quality, the values specified in art. 2. + Article 7 Persons, as defined by art. 1, having property or possession with any title the values listed below are obliged to declare to the National Bank of Romania, within 15 days from the date of publication of the present law in the Official Gazette, without being obliged to justify the origin values. + Article 8 It will be declared: a) the currencies and estimates provided by the communiqué of the National Bank of Romania, mentioned in the last paragraph of art. 2 2; b) Credits, promissory notes, bills, any trade effects expressed in foreign currency, as well as all claims on unforeseen foreign currency in the communiqué of the National Bank of Romania, on disposal; c) Securities issued abroad (foreign securities), as well as the coupons of interest and their dividends. d) The participant in companies and companies and in general participations in any form, at enterprises abroad; e) Real estate abroad and real estate rights (mining rights, inheritance rights, ownership rights on transport vessels, etc.). Declaring the values remains mandatory, regardless of the fact that they had to be declared, or have been declared in the past, in accordance with the provisions of other laws. + Article 9 If the values, listed in art. 8, points a-c, are submitted to a Bank their statement will be sent to the National Bank of Romania, through the respective bank. Banks are obliged to declare the values deposited at those banks, they did not until the latest two days before the deadline. + Article 10 The values, subject to the declaration, will not be available, except with the prior approval of the National Bank of Romania. + Article 11 The act of disposition made with non-compliance with the above provisions, is considered as null. + Article 12 They are subject to the obligation to declare the values referred to in art. 8, natural and legal persons, as well as associations that fall within the provisions of art. 3 3, 4, 5 and 6. + Article 13 They are exempt from the obligation of disposal and declaration of diplomatic and consular representatives, career officials, who are not Romanian citizens, together with their subordinate officials, subjects of the representative State and who, outside their service, do not exercise any profession, profession or any other lucrative activity in Romania. + Article 14 Whoever violates the provisions of this law shall be punished with the confiscation of unpublished or undeclared values, with imprisonment from 5-25 years and with a fine equal to the inciting of confiscated values, without being able to grant mitigating circumstances. If the unpublished or undeclared values cannot be confiscated, regardless of what cause, the offenders will be sentenced to pay for the benefit of the State, an amount equal to five times the equivalent in lei of the object of the crime; this amount doubles in the case of non-editing of gold or actual currencies provided for in the press release of the National Bank The offences under this law are found and are judged according to the provisions of the law for the trade of devises of 1 October 1932, as amended. Values confiscated for the benefit of the State, will be liquidated for the State at the official The National Bank of Romania will retain from the value in lei the confiscated value, 25% for its tracking expenses, and 20% to be distributed as premiums, of which 10% to the whistleblower and 10% to the ascertaining, except when the agents ascertains are officials of the National Bank of Romania, or members of the Court Corps, in which case their first due will be held by the National Bank of Romania to cover the expenses caused by the prosecution of crimes Girl. + Article 15 Obligations laid down in the law of devises and in the law of the circulation of precious metals 638/946), are and remain in force. + Article 16 Provisions Law No. 656 of 1944 , regarding the circulation of the commemorative gold medals, are and the abrogated ramps, are also abrogated art. 7, item b, of the law No. 638 of 1946 . + Article 17 Disposals and statements will be made at the headquarters of the National Bank of Romania in Bucharest and in the province. + Article 18 The National Bank of Romania is authorized to take the necessary measures, for the application and execution of the provisions of this Law. This law was voted by the Assembly of Deputies at the meeting of August 14, 1947 and unanimously approved two hundred six votes. Vice President, D. Pop Secretary, Stelian Moraru (L.S.A.D.). We promulgate this law and order, that it be invested with the seal of the State and published in the Official Gazette. Date in Bucharest on 14 August 1947. MIHAI Minister of Industry and Commerce, Gh. Gheorghiu-Dej Justice Minister, Lucretiu Patrascanu --------------------