Law No. 285 from 14 august 1947 for the modification and completion of some dispoziţiuni of the law for foreign-trade Octomvrie 1, 1932 and other laws regulating trade with foreign ISSUER published in PARLIAMENT OFFICIAL GAZETTE nr. 186 of 15 august 1947, Michael I, by the grace of God and the will of the King of Romania, the national, to all present and future health: the Assembly of Deputies voted and adopted and we sanction non-what's next: the LAW on modification and completion of some dispoziţiuni of the law for foreign-trade Octomvrie 1, 1932 and other laws regulating foreign trade in Article I, Art. 5, 6 and 7 of the law on foreign exchange trade of 1 Octomvrie, 1932, is hereby amended to read as follows: Art. 5.-those will make operations with means of foreign payment without prior authorization will be punished according to the dispoziţiunilor listed in this article.
1. by means of foreign payment means: a) monetele metal or paper, as well as tickets for any Bank, minted and issued abroad;
b) payment orders, letters of credit, cheques, warrants, notes, bills of Exchange, and any other effects of the trade expressed in foreign monetă;
c) shares, bonds, securities, Treasury bills, receipts for annuities, credit letters or circulars and any other securities and securities including their coupons denominated in foreign monetă paid abroad;
d) availability of accounts and receivables in foreign currencies in the country and abroad;
e) amounts in lei due to străinătăţii in any form and in any way, and claims the Lions over the străinătăţii;
f) banknotes of Banca Naţională a României and the amounts indicated in paragraphs b and c above, expressed in lei, insofar as they are subject to foreign exchange transactions.
2. the term ' operations with foreign means of payment "means any act or fact of sale and purchase, Exchange, deposit or receipt in the form of a pledge or receipt in warehouse, transportation and any change at all, on any basis, whether for payment or free of charge of property or possession of foreign means of payment, as well as contract bonds in foreign means of payment or by reference to the means of payment.
Through transport means transport as both legal acts and material transportation as an act done, or by the owner of either other people, regardless of the existence of any legal act under which s ' would make the transport of material.
3. Means of payment from foreign exports will be ceded in full the National Bank of Romania, as mandatară of the Romanian State, during the period covered by the current legal dispoziţiunile.
4. also means foreign payment arising from loans obtained abroad from prestaţiuni or obtained in any other way, in return for payment or free of charge with the title, whether it be civil or commercial, are devolved to the National Bank of Romania as mandatară of State, in a maximum period of 15 days after the date of their realisation, which from the currency. Dispoziţiunile in this paragraph be construed art. 12 of the implementing regulation of the law for foreign-trade became law on April 15, 1937.
5. Export and import of any kind of foreign means of payment, Romanian or monetă any securities, as well as Romanian or foreign postmarks, without prior authorization, is prohibited.
It exempts Romanian citizens or foreigners will be able to enter into the country of foreign means of payment referred to in subparagraph (a) of 1. He, as well as payment orders, letters of credit, letters of credit or circular, mandates and cheques denominated in foreign monetă, without prior authorization, if they declare to customs upon entry into the country. Customs will pass these values in their passport.
6. Foreign citizens may be exported without the prior authorization of foreign means of payment entered into customs passport upon entry into the country if they leave the country within thirty (30) days, which from the date of entry. They will not be able to change these foreign means of payment than the National Bank of Romania or who authorized it.
7. Romanian citizens are obliged as within 15 days from the way of entry into country to cede Banca Naţională a României foreign means of payment listed in your Passport.
Foreigners residing in the country (domicile), have the same bonds of disposal of foreign means of payment as well as Romanian citizens.
8. foreign means of payment, Romanian monetă or any Romanian or foreign securities, which have been declared to customs of foreigners from entering or leaving the country, for which they do not possess prior authorization or are exempted in accordance with paragraph 5, dispoziţiunilor dela para. 2 and 6, will be retained by customs bodies, freeing your it, and then will be submitted to the National Bank of Romania, which will assess for each individual case in accordance with the current legal dispoziţiunilor.
9. Exporters or importers who, either personally or through intermediaries will make untrue statements will present inaccurate or fictitious documents, in order to obtain import and export permits or will not comply with the obligations they have taken on the occasion of obtaining these permits, shall be punished by means of the dispoziţiunile item 14.
10. Anyone who, personally or through frontmen, people make statements untrue, inaccurate or fictitious documented, to get any kind of prior authorization, or to use such authorisation concerning foreign means of payment, shall be punished according to point 14 dispoziţiunilor.
11. In order to prevent evasion of foreign currency contracts with foreign representation will need to be approved in advance by the Ministry of trade and industry with regard to the clauses concerning the rights due the country's representatives.
Those who, on the date of its publication in the Official Gazette of that law have contracts concluded with foreign exchange, are obliged to submit towards visa within 15 days, the dealership contracts. Extension of contracts in force on the date this law won't be able to do without the authorization of the Ministry of industry and trade.
12. transport and forwarding companies are obliged to submit for approval to the Ministry of industry and trade, the national foreign exchange payments Settlement, within 15 days after publication in the Official Gazette, which from this law, contracts that have been concluded with foreign exchange.
In the future, no transport and forwarding company will no longer be able to enter into contracts with international transport and forwarding without getting prior authorization of the Ministry of industry and trade, National Regulation on foreign exchange payments.
13. In order to obtain approvals for transfer from the Ministry of industry and trade of the amounts owed to străinătăţii, transport and forwarding companies are obliged to obtain beforehand approval records in foreign accounts on behalf of the National Bank of Romania.
Set-off of amounts in foreign accounts can not be made without the prior approval of the National Bank of Romania.
14. Those who will make operations with foreign means of payment listed in paragraph 2 above, as well as violations of dispoziţiunilor referred to in paragraphs 3, 4, 5, 6 and 7 above, shall be punished with imprisonment for 3 to 10 years removed from him, and with a fine of 5,000,000 lei-10,000,000, without being able to grant the extenuating circumstances.
Values representing the subject of the offence shall be seized with the title reparatoriu for the benefit of the State, and if these values were found in the possession of criminals, or may not be seized, for whatever cause, offenders will be sentenced to pay on behalf of the State, with the same title, an amount five times the equivalent in lei of the object of the crime.
For setting the value of the securities constituting the subject of Lions offense, the Court shall use the official exchange rate for the sale of foreign means of payment, plus first and supplements in force at the National Bank of Romania, for the country, "moneta" date of establishment.
15. Those who will contravene any other dispoziţiuni of the present law, the regulation of law enforcement estimates, became law on April 15, 1937, with subsequent amendments and D.L. No. 668 of 2 March, 1940, on the establishment of foreign trade regimes, shall be punished by imprisonment from 6 months to two generations from years and with fine dela 5,000,000 lei la lei 10,000,000,000 by means of the dispoziţiunile and art. 5, point 14 above, without being able to grant the extenuating circumstances.
16. The attempt is punishable as the crime committed.
Infringements of this law are crimes continue.
17. Apply maximum punishments provided for in the present law, if: (a) the offender is recidivist) for such offences or for offences against the law on the movement of precious metals;
b) in that have not been committed or by cession from the presence of Banca Naţională a României of foreign means of payment, worth at least 1 billion lei at the official rate, including bonuses and supplements.
Art. 6.-individuals, empowered by virtue of any title, with the management, administration and representation of an enterprise, as well as any prepuşi or officials of the company, commit an offence against the law in the interests of the Enterprise shall be liable to the penalties laid down in article 21. 5, item 14.
The enterprise in favour of which ' committed the offence, will be sentenced by the same decision to a civil fine dela 50,000,000 lei lei to 10,000,000,000.
Accomplices, instigators, tăinuitorii and those who favor such offences punished with the same punishment as criminals.
Are those who defend the penalty denounces the perpetrators of crimes before any prosecution.
Banks, haulage undertakings, forwarding or clearance, which will not meet the total obligations for guarantees given discourages from export or import operation, governing bodies and staff responsible for these dela failed to take the necessary measures to ensure her of such debentures or in any way have enabled for lack of such bonds shall be punished in accordance with the second subparagraph of article dispoziţiunilor. 5, point 15.
At the request of Banca Naţională a României, keepers in any form of foreign means of payment in the country or abroad, are obliged to justify the title of ownership of their assets; the justification must be submitted within 15 days from the way the request of Banca Naţională a României.
Art. 7. Reclamaţiunile and denunţurile-concerning infringements governing the transfer and trade in foreign exchange, is investigated, instruesc and dispoziţiunilor are judges according to the criminal procedure code, with the exceptions mentioned below: 1. These offences are found and through reports, trained by judicial police officers, even apart from their constituency staff delegated for that purpose by National Bank of Romania any other bodies empowered to assess such offences, as well as customs and police, who are indebted to give their organs competition National Bank of Romania.
2. For the recording of crime, finding bodies can take interviews of crooks and hear witnesses, may i cite for that purpose.
3. The bodies that are aware of an infringement of this law, are obliged, under penalty of refusal of service was due to report to them, legalmente, within 24 hours from the way finding, headquarters of the National Bank of Romania of the nearest, which i will submit at the same time on the clean report of findings and data statements, as well as foreign means of payment with a checklist which will specify the detailed information required to identify them.
4. foreign means of payment, found on the offenders, will pass into the clean report of findings, with as detailed information required to identify them, such as: kinds, quality, number and series of banknotes, date of issue, etc., and then will be submitted to the National Bank of Romania with a copy of the train in question is being deposit until final termination of the process.
5. Organs of the National Bank of Romania, delegated the control application dispoziţiunilor this law, in the exercise of their capacity 2532/98 by judicial police officers.
6. Research on this matter can be made and on public holidays.
7. The minutes of the present law offenses are believed until enrolling in the bogus, blatant material facts when ascertained, and in other cases until proven otherwise.
They may not be waived by the courts for infringement.
On the basis of their public Ministry opens public action.
By way of derogation from the rock art. 144 cod. Fr. pen., statements by criminals, finding bodies, make full proof against them, until proven otherwise.
8. competent Court to judge the crimes provided for in the present law in first and last instance is the Court of appeal.
It will judge and, in particular, without opposition, as the background in the first instance, and ultimately, with right of appeal to the High Court of Cassation.
In born on the basis of the present law, the courts cannot give special time limits without motivation greater than 30 days.
They are judges and tribunals courts, even during the holidays. The absence of witnesses may not prevent prosecution of the criminal offence, if the Court finds that it has enough elements of persuasion.
These processes are subject to the law for the protection of dispoziţiunile of public patrimony, insofar as they are not contrary to law.
9. in all processes of this controversy, National Bank of Romania, will be cited ex officio as civil party, both in his own name and as a mandatară of the Romanian State, making claims and criminal side in courts of law, and that even if there were no ' constituted civil party.
10. In all processes on the basis of law arising out of currency 1 Octomvrie 1932, with its subsequent amendments, and on the basis of D.L. No. 668 of 2 March 1940, regarding the establishment of the foreign trade regime, pending at the date of this law, the National Bank of Romania, will be introduced in question instead of the Ministry of industry and trade, as the mandatară of the State.
Dispoziţiunile art. 47 from D.L. No. 668 of 2 March 1940, shall be repealed, repunându into force of dispoziţiunile atribuţiune judicial police powers conferred on National Bank of Romania by 1 Octomvrie 1932, with subsequent amendments, as well as the quality of the mandatară of the State, granted to the National Bank of Romania, by the law of 15 April 1937.
11. In cases sent to research investigating judge, training must be completed within 30 days.
In exceptional cases, the indictment chamber may authorize an extension.
The term will be fixed no later than 15 days following receipt of the file to the registry, which from the Court of appeal.
The files will be sent to the High Court of Cassation, in case of appeal, no later than 20 days after delivery of the judgement from the rock.
12. When training or judgment would require the opinion of some experts, they can be summoned with the procedure laid down in article 21. 338 from pr. .. for witnesses.
Both training bodies, and the Court can ask the expert, whenever the cause of permits, and in order to accelerate the judgment, only a verbal report, which will be recorded by the Registrar that the procedure used for the examination of witnesses.
13. In the processes assess pursuant to this law, once the procedure was complete against the defendant at some of the terms of the judgment, it will be treated as such and at all following deadlines, unless the defendant would be arrested.
14. For lack of defenses, the process cannot be postponed more than once before a court.
15. As long as the accused was not ' took the questioning will be issued against him, in addition to the subpoena, and a period of remembrance, without possible neemitere or failure to comply with the mandate of remembrance to be regarded as a procedural flaw.
16. Making expertise are for experts appointed public office required.
The part which has been ' admitted expertise is bound under penalty of revocation, to deposit the fee fixed within 5 days from the presence of admission.
When the process is delayed because of an expertise, authorship or of witnesses or experts called for explicaţiuni, without justification through petitions and evidence filed on the record prior to the period of notice, the Court will apply the maximum fines under article Web. 160 and 165 of the code pr. .. and it will take other measures prescribed and there, both witnesses and experts will be condemned and expenses caused by delaying the process.
The justification will be able to make and subsequently lecturer art 160, paragraph final code pr. .. only if prevention was of such a nature that could not be justified before the deadline.
When he applied toward experts measure provided for in the first paragraph of this article, the Court may either change experts, either give a short deposition expertise. In this new term, if not expertise is filed, will rule against a fine expert dela 500,000 lei lei to 10,000,000.
17. Where the process cannot judge for lack of procedure or from any other cause, and it is found that the delay is due to an official, the Court will apply this fine officer dela 100,000 1,000,000 at lei lei, also sentenced him to pay expenses of State parties or the delay.
18. Where one or more witnesses or experts shall be presented and the process is delayed for other reasons, but the procedure is complete, the witnesses or experts will be heard even in the absence of the parties.
The Court will postpone the process for hearing other witnesses or experts, only if it finds that his settlement cannot be given only on the basis of the hearing made.
19. where the defendant is in a State of liberty, the Court which pronounces a sentence involving deprivation of liberty for more than 6 months has through the same decision the preventive arrest of the accused convicted.
20. the civil Side will be able to appeal and for the application of the death penalty.
National Bank of Romania, as a civil party, notwithstanding dela dispoziţiunile art. 448. pen, may exercise in all cases legal remedies provided for in this article. Remedies exercised by Banca Naţională a României Court with the right investing to pronounce the death penalty, even if the public Ministry has not attacked the decision.
Also, by way of derogation from the rock art. 224, para. 4 of the code pr. pen, where he trained under consideration a report of offense to this law the public Ministry if you do not send the competent court directly cause towards adjudication, an investigating judge will send rechizitorul with introductory, pricinei rank unable to decide alone.
In the final against the Ordinance, the date of the investigation judge, National Bank of Romania, may wear out all legal remedies provided for by the Revd., both for civil and public Ministry.
21. In all offences to the law, the provisional seizure set out in art. 120 and 121 of the code pr. .. will be ordered by the public Ministry, the investigation judge or the courts, at the request of the party.
For expenditure control and tracking of the implementation of the present law, dispoziţiunilor will be made to the National Bank of Romania the police estimates, fueled as follows: a) of shares assigned to the National Bank of Romania, mentioned in paragraph 23 of this article;
b) of a share of 2 0/00, calculated on the amounts derived from the sale estimates.
From this Fund, comisiunea referred to in the present law will be able to propose giving rewards to those who are distinguished by their discoveries and finding infringements, to stimulate the zeal and vigilance of these organs, by a reasoned Police Department estimates.
The Governor of the National Bank of Romania, or a member of the Board of Directors of the National Bank of Romania, appointed by it, will decide to grant cash rewards.
23. foreign means of payment, on behalf of the State, seized pursuant to art. 5, section 14, will will be liquidated for the State, plus supplements and premiums applicable on the date of the winding up.
Banca Naţională a României will withhold from the equivalent in lei of foreign means of payment, 25% for its expenditure and 20 per cent to be distributed as premiums, of which 10% denunţătorului and 10% constatatorului, unless the assessment agencies are servants of the National Bank of Romania or members of the judiciary, in which case it will be their first proper spill Fund for Police estimates from National Bank of Romania.
When there is no sneak, rate of 10 percent is retained by the National Bank of Romania to cover expenses caused by the pursuit of criminal offences to the law.
When constatatorii are you miss a denouncer, are obliged to conclude a protocol set out in art. 186 from criminal proceedings, in which denunţătorul will show the circumstances in which first became aware of the facts set out.
This record will not be joined by research papers, but will be sent within 24 hours from the way his conclusion-confidentiality-Police Estimates from National Bank of Romania, who will make the first payment due denunţătorului, based on this report, the liquidation of foreign means of payment.
May not have the quality of that which by the denouncer function or the atribuţiunile, is bound to bring to their attention the right dispoziţiunilor transgressions, authorities of this law nor those who do during a research foresees the criminal charges to which are subjected.
24. the Informers whose quality is the result of a denunciation written and signed or any matter which lead to insomuch discovering criminal offences, will also receive a 10 percent share of the amounts derived from the proceeds of the fines as well as those resulting from civil remedies handed down by the courts.
25. The National Bank of Romania will be drawn up by a year, the B.N.R. 's Board of Directors, within 10 days from the way of publication in the Official Gazette of the present law, a permanent comisiune, which will deal with the Organization, coordination and implementation of the measures for combating the offences given object under this law, and other civil dates with other laws and regulations.
The matter has been referred to it by the National Bank of Romania or by the Ministry of industry and commerce, or on its own initiative, will give comisiunea year dispoziţiunilor interpretation of the law, given the interpretation power of regulation.
These deciziuni shall enter into force on their publication in dela Gazette.
Comisiunea will develop collaborative and technical instructions, for applying dispoziţiunilor and, in particular, for the establishment and suppression of criminal offences envisaged in this law.
Instructions are required for all public bodies pursuant to the civil law.
Failure in bad faith of the instructions will be punished with the punishment provided for in the penal code for the offence of refusal of service due, independently of legalmente applying any disciplinary officers guilty.
At the request of the Commission, the Ministry of Internal Affairs will set up special wards police estimates, which will work in close collaboration with the National Bank of Romania.
Also, at the request of the Commission, the Ministry of finance will set up customs offices in police stations of foreign currency, which will work in close collaboration with the Department of general supervision of M.I.C., and National Bank of Romania.
Comisiunea will give its opinion on all the issues that will be governed by the M.I.C., in conjunction with those laid down in the present law.
Comisiunea will consist of 7 members: a) A magistrate and member of the Court of Appeal in Bucharest, appointed by the Ministry of Justice, as President;
b) a delegate of the Ministry of industry and trade (official);
c) a delegate of the Ministry of finance, the General Customs Personnel;
d) A delegate of the Ministry of the Interior, the National Police General;
e) head of Control Transfer from Banca Naţională a României;
f) Chief Gold from Banca Naţională a României;
g) a lawyer from the Legal Department of the National Bank of Romania.
Comisiunea will work valid, whatever the number of members present, provided that its decisions or opinions to be given by a majority of four votes.
Comisiunea will have a secretariat headed by a Secretary and the supporting staff, who will be designated employees within the National Bank of Romania.
Members of the Commission, the Secretary and the Secretariat staff will receive a fixed monthly allowance, established by managerial decision the Board of the National Bank of Romania and which will be paid by the National Bank of Romania from Police Fund Estimates created by dispoziţiunile art. 7, section 31, notwithstanding the laws and dispoziţiunile dela.
The nomination is in managerial decision will include alternates for each Member of the Commission.
Article II 1. -Dispoziţiunile law, published in Official Gazette 1,061 No. 298 of 31 Dec 1946 shall apply to importing and exporting companies, public corporations and autonomous prefectures of county offices, the Mayor's economic branch, cooperatives and all those who have carried out exports to the operations grouped (compensation) I approve. min. of industry and trade in the range of 1 January 1942-Dale 31 Decemvrie 1946, unless they are satisfied until the publication of this law in the Official Gazette, the obligation to justify this Department the appropriate counter-import match report quantitative Exchange fixes the respective approvals.
2. The testimony, provided for in art. 1 and 2 of the law referred to in the preceding paragraph shall be filed within 30 days after publication in the Official Gazette, which from this law and shall contain in addition to the items mentioned in article 9. 1, a-f, (Law No. 1.061): a) the quantity in kilograms, meters, etc.;
b) reason it was carried out.
3. Banks and shipping and transport homes that have guaranteed the Ministry of industry and trade goods in Exchange for executing operations referred to in paragraph 1. 1 of this article, are obliged to submit, all within 30 days, the same declaraţiuni.
4. In the case of public corporations, autonomous prefectures, county offices, city halls, County economic cooperatives, responsible for the execution of the dispoziţiunilor of the present law are the leaders and officials of respective resort you have charitable institutions.
Article III the present Law shall apply to Romanian citizens and legal persons established in Romania for all operations committed in Romania or in relation to their activity in Romania.
Article IV of this Act to the contrary dispoziţiunile All are and shall remain abrogated.
This law was voted by the Assembly of Deputies, sitting in on August 14, which from 1947 and was approved unanimously by the two hundred five votes.
Vice President, D. Pal, Maideen Secretary (L.S.A.D.).
Promulgăm this law and categorise them as it is vested with the seal of State and published in the Official Gazette.
Time in Bucharest, on August 14, 1947.
Michael I the Minister of industry and commerce, Gh. Gheorghiu-Dej Justice Minister Lucreţiu Patrascanu _ _ _ _ _ _ _ _ _ _ _ _ _