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Law No. 261 Of 29 April 2002 Approving Government Emergency Ordinance Nr. 190/2000 Concerning Precious Metals In Romania

Original Language Title:  LEGE nr. 261 din 29 aprilie 2002 pentru aprobarea Ordonanţei de urgenţă a Guvernului nr. 190/2000 privind regimul metalelor preţioase în România

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LEGE no. 261 261 of 29 April 2002 for approval Government Emergency Ordinance no. 190/2000 on the precious metals regime in Romania
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 313 313 of 13 May 2002



The Romanian Parliament adopts this law + Article UNIC Approval Government Emergency Ordinance no. 190 190 of 9 November 2000 on the precious metals regime in Romania, published in the Official Gazette of Romania, Part I, no. 572 of 16 November 2000, with the following amendments and additions: 1. Article 1 shall read as follows: "" Art. 1. -For the purposes of this emergency ordinance, the following terms and expressions have the following meanings: 1. a) precious metals-gold, silver, platinum, osmium, ruthenium, rhodium, iridium and palladium, which have a content of at least 96% of fine precious metal; b) alloys-the by-products of precious metals with a content of not less than 33,3% of precious metal, as well as with precious metal content having up to 33,3% of precious metal content; c) precious stones-diamonds, rubies, sapphires, emeralds and natural pearls, ornamental stones and fine stones, the lists of which will be annexed to the rules for the application of this emergency ordinance; d) gold for investments-gold purchased by natural or legal persons or international bodies, in order to achieve value placements. Gold for investments includes gold in the form of bars, ingots or wafers, having the minimum title of 995/1.000, as well as in the form of gold coins, having the title greater than/or equal to 900/1,000, quoted on one of the markets of the European Union. Operations with gold for investments shall be carried out both by physical delivery and by operations in precious metal accounts or gold-denominated securities held at banks; e) financial gold-the gold purchased for the purpose of constituting a reserve and used as a placement instrument. Financial gold shall include gold in the form of coins or bars and bars of gold, having a title equal to/or greater than 995/1.000; f) monetary gold-that part of the financial gold used as an asset, which is held as an official resident by the National Bank of Romania. Monetary gold shall be presented as a rule in the form of coins with a minimum title of 900/1,000, bullion and standard bars with a minimum title of 995/1.000; 2 2. operations with precious metals, their alloys and precious stones-operations that have as their object: a) manufacture and production of alloys: detailing the categories of by-products with precious metal content that are subject to legal provisions will be established by the rules for the application of this emergency ordinance; b) the production of jewellery and precious metal objects and their alloys; c) the sale, purchase, trading, storage of precious metals, their alloys and precious stones, as well as the intercession of these operations; d) introduction into the country, removal from the country and transit through Romania of precious metals and their alloys, as well as precious stones; e) the marking of jewellery and articles of precious metals and their alloys; 3. title-the proportion of precious metal contained in an alloy, expressed in the thousandths; 4. authorization-the act issued by the National Authority for Consumer Protection, which grants the right to carry out operations with precious metals, their alloys and precious stones; 5. jewelry-objects of adornment of precious metals and their alloys that have or not in the composition of precious stones, such as: rings, bracelets, necklaces, brooches, earrings, chains, trinkets, pendants, wafers, needles, cuff cufflinks, as well as articles of personal use, such as: porters, tankers, powders, grumps, lighters, glasses, watches (carcass and bracelet) or the like; 6. objects of goldsmiths or of silverware-precious metal objects and of their alloys, intended for mass, toilet, office gaskets, for interior decoration, for smokers, household use, religious use, art and others; 7. the marking of the precious metals and their alloys-the certification operation by applying the trade mark of the title and the guarantee mark of the domestic manufacturer, the importer and the retailer; 8. own warranty mark-individual sign registered with the National Authority for Consumer Protection, which applies to jewelry and objects of precious metals or their alloys by the domestic producer, importer or the retail seller; 9. the mark of the title-the conventional sign, different according to the title of the precious metal, which is applied to the jewels and objects of precious metals and their alloys. " 2. The title of Chapter III shall read as follows: "" CHAPTER III The rights and obligations of natural and legal persons who acquire, own or carry out operations with precious metals and stones " 3. Article 3 shall read as follows: "" Art. 3. -Natural and legal persons have the right to acquire and possess any quantity of jewelry and objects, coins, including bars and bars of precious metals and their alloys, as well as precious stones. " 4. Article 4 shall read as follows: "" Art. 4. -(1) Buying, selling and dealing with precious metals and their alloys, as well as precious stones, may be carried out without restrictions by natural and legal persons, provided that such acts of trade do not represent an activity permanent or professional. (2) I take exception to the provisions of par. ((1) natural or legal persons who are authorized to carry out acts of trade in precious metals and stones. " 5. Article 5 shall read as follows: "" Art. 5. -Natural and legal persons may carry out sales, purchase and trading operations with gold for investments and with financial gold only through banks authorized by the National Bank of Romania. " 6. The title of Chapter IV shall read as follows: "" CHAPTER IV Authorization of operations with precious metals, their alloys and precious stones " 7. Article 7 shall read as follows: "" Art. 7. -(1) Operations with precious metals, their alloys and precious stones referred to in art. 1 1 section 2 lit. a)-e), carried out by natural and legal persons, which represent permanent or professional activities, can be carried out only on the basis of the authorization issued by the National Authority for Consumer Protection, issued for an indefinite period. (2) For the issuance of the authorization, a fee established by the National Authority for Consumer Protection shall be collected, and the conditions of authorization will be established by the methodological norms for the application of this emergency ordinance. " 8. The title of Chapter V shall read as follows: "" CHAPTER V Record and control of operations with precious metals, their alloys and precious stones " 9. Article 8 shall read as follows: "" Art. 8. -Natural and legal persons authorized to carry out operations with precious metals and precious stones have the obligation to ensure their strict record, according to the methodological norms issued in application of this emergency ordinance. " 10. Article 9 shall be repealed. 11. Article 11 shall read as follows: "" Art. 11. -Control of operations with metals and precious stones shall be exercised by the competent bodies of the Ministry of Public Finance. " 12. Article 12 shall be repealed. 13. The title of Chapter VI shall read as follows: "" CHAPTER VI Marking of precious metal objects and their alloys. Control of marking and marked titles " 14. Article 13 shall read as follows: "" Art. 13. -In order to prevent acts of illicit trade in jewelry and articles of precious metals and their alloys, exposed to marketing, must be marked with the own and registered warranty mark of the domestic producer, the importer or/and the retailer, joined by the mark of the title, according to the methodological norms issued in application of this emergency ordinance. " 15. Article 14 shall read as follows: "" Art. 14. -The control of the marking of jewelry and objects in precious metals and their alloys, as well as the control of the marked titles will be carried out by the National Authority for Consumer Protection. " 16 articles 15, 16 and 17 shall be repealed. 17. Article 18 shall read as follows: "" Art. 18. -In carrying out its activity the National Authority for Consumer Protection is the only institution to measure that, on the territory of Romania: a) to issue internal working rules and to set tariffs for the analysis, marking and expertise activities they carry out; b) establish and approve, on the basis of their own tariffs, the marks used by the manufacturers, exporters and importers, and the model of the guarantee mark expressing the title of the precious metal in Arabic numerals; c) to carry out surveys of precious metals and precious stones, ordered by the courts and public notations, at the request of the prosecution bodies, customs bodies or bodies for the recovery of legal goods confiscated or entered, according to the law, in private property of the state, as well as at the request of natural and legal persons d) to find and sanction deviations from the legal provisions regarding the marking of precious metals. " 18. Article 19 shall be repealed. 19. Article 20 shall read as follows: "" Art. 20. -(1) On the date of entry into force of this emergency ordinance the National Authority for Consumer Protection takes over from the National Bank of Romania all responsibilities and obligations specific to the analysis and marking activity of precious metals, as well as technical equipment related to this activity, existing in the central bank. ((2) At the same time, the National Authority for Consumer Protection will take over, depending on the volume of the activity carried out, the staff of the National Bank of Romania specialized in the analysis and marking 20. Articles 21 to 23 shall be repealed. 21. Article 25 shall read as follows: "" Art. 25. -The falsification of individual brands, their use, as well as the use of unregistered trademarks constitute crimes and are punishable according to the Criminal Code, as well as with the measure of confiscation of the respective stock 22. Article 26 shall read as follows: "" Art. 26. -Conducting without authorization of operations with precious metals, with their alloys or with precious stones shall be sanctioned with a fine of 20 million lei to 50 million lei, as well as with the confiscation of those goods. " 23. Article 27 shall read as follows: "" Art. 27. -The marketing of jewelry and objects of precious metals, their alloys or with precious stones, without them being subjected in advance to the marking operation provided for in art. 13, or improper marking of securities constitutes contravention and is sanctioned with a fine of 10 million lei to 20 million lei, as well as with the measure of confiscation of those goods. " 24. Article 28 shall read as follows: "" Art. 28. -The contraventions provided in art. 26 and 27 are found and sanctioned, as the case may be, by the personnel with control powers of the Ministry of Public Finance, the Ministry of Interior, the National Authority for Consumer Protection, for the control of compliance with the obligation of marking of precious metal objects and jewelry, and of the National Bank of Romania, for the control of operations with financial gold and gold for investments, carried out by banks. " 25. Article 29 shall read as follows: "" Art. 29. -The provisions of this emergency ordinance regarding the contraventions shall be supplemented by the provisions of the law on the legal regime of contraventions. " 26. Article 30 shall read as follows: "" Art. 30. -The goods of precious metals that are the subject of acts constituting contraventions, provided in art. 26 and 27, it is confiscated in favor of the state. " 27. Article 31 shall read as follows: "" Art. 31. -(1) The National Authority for Consumer Protection may suspend, for a period of between one month and 6 months, the authorization for carrying out operations with precious metals, with their alloys, with precious stones, in case of violation legal provisions on the movement of precious metals, their alloys and precious stones. (2) The repetition of the violation of the legal provisions on the circulation of precious metals, their alloys and precious stones leads to the final withdrawal of the (3) The Ministry of Public Finance shall establish by implementing rules of this emergency ordinance the concrete situations in which the suspension or withdrawal of the authorization for carrying out operations with precious metals may be ordered, with the alloys or with precious stones. (4) Against the decision of suspension or withdrawal, as the case may be, appeal may be made within the time limits provided for by Law of Administrative Litigation no. 29/1990 ,, as amended and supplemented. " 28. Article 32 shall read as follows: "" Art. 32. -(1) If the authorization was withdrawn, the one who held it has the obligation that, within 30 days of the communication, to liquidate the stock of precious metal objects and jewelry, from their alloys, as well as the stock of stones. Precious, existing at the date of withdrawal (2) In the case of the suspension of the authorization, the one who held it no longer has the right to carry out operations with precious metals, their alloys or precious stones for which he was authorized. " 29. Article 33 shall read as follows: "" Art. 33. -(1) The natural and legal persons who carry out one of the operations mentioned in this emergency ordinance must apply for authorization within 60 days from the date of entry into force of this emergency ordinance. (2) If the application is rejected, they must liquidate, within 30 days of the notice of rejection of the application, the stock of precious metal objects and jewelry, their alloys or precious stones. " 30. Article 34 shall read as follows: "" Art. 34. -(1) Precious metals in any form, precious stones, fine stones and precious organic matter, considered non-master goods, as well as those raised for confiscation or confiscated under the conditions provided by law shall be deposited at The Ministry of Public Finance, in the treasury treasury, in accordance with the norms for the application of this emergency ordinance, as well as with the fulfillment of legal conditions. (2) The rules for the handling and storage of metals and precious stones in the treasury treasury will be determined by order of the Minister of Public Finance. (3) The valorisation of metals and precious stones is carried out under the conditions laid down Government Ordinance no. 128/1998 for the regulation of the way and conditions for the recovery of legal assets confiscated or entered, according to the law, in the private property of the state, with subsequent amendments and completions. " 31. After Article 34, Articles 34 ^ 1 and 34 ^ 2 are inserted with the following contents: "" Art. 34 34 ^ 1. -(1) Natural and legal persons whose precious metal objects of the nature of those referred to in art. 3 were improperly taken over, in violation of the regulations in force, after 1946 and until 1990, may request their return to the courts from the applicant's home, within one year from the date of entry into force of the the law approving this emergency ordinance. (2) In the case of precious metal objects taken abusively, which are no longer physically found, being melted or recovered, compensation will be awarded under the conditions and within the limits established by the rules for the application of this emergency ordinance, issued by the Ministry of Public Finance and the National Bank of Romania. Art. 34 ^ 2. -The metals and precious stones in the inventory of the National Bank of Romania shall be capitalized on the conditions provided by the normative acts in existing matters until the entry into force of this emergency ordinance. " 32. Article 35 shall read as follows: "" Art. 35. -(1) This emergency ordinance shall enter into force within 30 days from the date of publication in the Official Gazette of Romania, Part I. (2) The Ministry of Public Finance shall issue, within 30 days from the date of publication of the present emergency ordinance in the Official Gazette of Romania, Part I, norms for its application, approved by Government decision. " 33. Article 36 shall read as follows: "" Art. 36. -On the date of entry into force of this emergency ordinance, it is repealed: a) the provisions relating to the precious metals and precious stones of the Decree no. 244 244 of 10 July 1978 on the precious metals and precious stones; b) provisions art. 4 4 para. ((2) lit. b) of Government Ordinance no. 128/1998 for the regulation of the way and conditions for the valorization of the legally confiscated or entered into, according to the law, in the private property of the state, with subsequent amendments and completions, in respect of metals, precious stones and semi-precious and jewellery of these materials; c) any other provisions to the contrary. " This law was adopted by the Senate at the meeting of 8 April 2002, in compliance with the provisions of art. 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA This law was adopted by the Chamber of Deputies at its meeting on April 8, 2002, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU -----------