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Law No. 390 Of 13 June 2002 Concerning The Establishment, Organization And Functioning Of The Romanian Agency For Foreign Investments

Original Language Title:  LEGE nr. 390 din 13 iunie 2002 privind înfiinţarea, organizarea şi funcţionarea Agenţiei Române pentru Investiţii Străine

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LEGE no. 390 390 of 13 June 2002-(* updated *) on the establishment, organization and functioning of the Romanian Agency for Foreign Investment ((updated until 01 October 2003 *)
ISSUER PARLIAMENT




--------------- *) The initial text was published in the OFFICIAL GAZETTE no. 443 443 of 24 June 2002. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. until October 01, 2003, with the amendments and additions made by: EMERGENCY ORDINANCE no. 34 34 of 17 May 2003 ; EMERGENCY ORDINANCE no. 64 64 of 28 June 2003 . The Romanian Parliament adopts this law + Article 1 (1) The Romanian Agency for Foreign Investment, hereinafter referred to as the Agency, shall be established as a specialized body of the central public administration, with legal personality, subordinated to the Government, by reorganizing the Department for The relationship with Foreign Investors, within the working apparatus of the Government, and of the General Directorate for the promotion of investments, within the Ministry of Development and Forecasting, which ceases its activity. (2) The Agency shall be responsible for the implementation of the Government's policy for the promotion and (3) The Agency is based in Bucharest, Bd. Spring no. 22, Sector 1. + Article 2 (1) In carrying out its object of activity the Agency shall have the following main tasks: a) coordinate the elaboration of strategies to promote foreign direct investment in Romania and action programs to attract foreign capital to the economy, working with ministries and local public administration authorities, in compliance with the priorities and the economic development programme of the country; b) monitor compliance with the legal provisions on the regime of foreign investments in Romania and initiate draft normative acts to improve the legislation in the field, which it submits for adoption to the Government; c) acts, including through consultations with Romanian and foreign investors, with professional organizations, with employers, with the Chamber of Commerce and Industry of Romania and the Municipality of Bucharest and the chambers of commerce and territorial industry, with the agencies regional development, for the permanent maintenance of a business environment conducive to promoting direct investment, by ensuring legislative harmonisation in the field, simplifying procedures and eliminating administrative barriers; d) coordinate the activity of promotion, internally and internationally, of foreign direct investments in Romania, ensuring the achievement of the objectives of the Governance Program in this field; e) grant, upon request, to foreign investors specialized assistance in contacting Romanian companies and organizations and provide the necessary information for the establishment of companies in Romania, as well as information regarding the Romanian business environment; f) works closely with Romanian companies and ensures effective communication between them and foreign companies; g) carries out the activity of promoting foreign investments, in correlation with the strategies of the Authority for Privatization and Administration of State Participations, of the Authority for the Valorisation of Banking Assets and with the domain of economic ministries, in order to support a coherent presentation of the Romanian offer of privatization internationally; h) periodically informs the Government about the volume, origin, structure, field of activity and tendency of foreign direct investments; for this purpose, monthly, the National Trade Register Office, the Authority for Privatization and Administration State shareholdings, National Bank of Romania, General Directorate of Customs, National Securities Commission and other public or private institutions that register, according to the law, information on foreign direct investments in Romania have the obligation to communicate to the Agency the data they hold, relating to the items set out above; i) promote, together with the Ministry of Foreign Affairs, an attractive image on economic policy and realities, the investment climate in Romania in international business environments; for this purpose it will develop and disseminate promotional materials -brochures, leaflets, posters, information on CD-ROM support, Internet page and the like, studies and analyses on foreign direct investments in Romania-and will organize promotional events, seminars and conferences; j) will be supported by the Ministry of Foreign Affairs in identifying and attracting international funding sources; it will also contribute to the establishment of a permanent updated database on external sources of financing, namely interest for external partners; k) performs any other duties established by law or other normative acts for its field of activity. (2) The Agency participates and represents Romania in the works of international institutions and associations in the field of promotion of foreign direct investment and aims to carry out the technical assistance programs abroad in the foreign direct. (3) In order to ensure appropriate conditions for assisting foreign investors in the territory to identify the most attractive sites for foreign investments, including by providing advice and information during the period prior and subsequent to the investment, the Agency will work with regional development agencies. (4) Ministries will work with the Agency to achieve the objectives of its field of activity. (5) For the purpose of carrying out its tasks the Agency shall have the right to request information from the other bodies of the central public administration, from the local public administration authorities, from other public institutions and authorities, as well as from to companies in which the State is a shareholder or an associate, with the obligation to provide the requested data. (6) In carrying out the activity of promoting and attracting foreign capital to the economy, the Agency shall be supported by the Council for Strategy, deliberative body, without legal personality, of which the prestigious representatives of the business environment in the country and abroad and the president of the Agency. (7) The Strategy Council will coordinate the Agency's work on techniques to address potential foreign investors interested in the development of investment projects in Romania, dissemination of information in business environments abroad and will guide the directions of action of the Agency in order to achieve results according to best practices in the field, in order to ensure an increased transparency of the process of promotion and attraction of foreign investments in economy and identification of optimal solutions necessary to achieve objectives domain established by the governing program. ------------- Points b), d) and h) of par. ((1) art. 2 were amended by EMERGENCY ORDINANCE no. 34 34 of 17 May 2003 published in MONITORUL OFFICIAL no. 354 354 of 23 May 2003. Alin. ((5) art. 2 was amended by EMERGENCY ORDINANCE no. 34 34 of 17 May 2003 published in MONITORUL OFFICIAL no. 354 354 of 23 May 2003. Alin. ((6) and (7) of art. 2 were introduced by EMERGENCY ORDINANCE no. 34 34 of 17 May 2003 published in MONITORUL OFFICIAL no. 354 354 of 23 May 2003. + Article 2 ^ 1 (1) The Council for Strategy is headed by a president, appointed by decision of the Prime Minister. (2) The Strategy Council is composed of 11-15 members, including the President of the Agency, proposed by the President of the Council for Strategy and appointed by decision of the Prime Minister. (3) They may be members of the Council for Strategy only persons who have professional training and relevant experience in the field of business, as well as recognized moral probity. (4) In the exercise of the duties provided for in 2 2 para. (7), the Strategy Council issues decisions that are binding on the Agency. (5) The members of the Strategy Council shall not be entitled to participate in the deliberation or the adoption of a decision, where in a particular operation they have, directly or indirectly, any financial, commercial or other personal interest. (6) The Strategy Council operates on the basis of its own rules of organisation and operation. (7) The current work of the Strategy Council will be provided by the Technical Secretariat. ------------- Art. 2 ^ 1 was introduced by EMERGENCY ORDINANCE no. 34 34 of 17 May 2003 published in MONITORUL OFFICIAL no. 354 354 of 23 May 2003. + Article 3 (1) The agency is headed by a president, with the rank of secretary of state, aided by a vice president, with the rank of undersecretary of state, appointed by decision of the Prime Minister. (2) The president leads the entire activity of the Agency and represents it in relations with ministries, other public administration authorities, organizations, as well as in relations with individuals and legal entities, Romanian or foreign. (. In the exercise of his duties the President shall issue orders and instructions (4) The President shall, according to the law, serve as principal authorising officer. ------------- Alin. ((1) art. 3 was amended by EMERGENCY ORDINANCE no. 64 64 of 28 June 2003 published in MONITORUL OFFICIAL no. 464 464 of 29 June 2003. + Article 4 (1) The Agency has a general secretary, who is a public career official, appointed on the basis of competition or examination, on the basis of professionalism. ((. The Secretary-General shall carry out the duties art. 49 49 para. ((2) of Law no. 90/2001 on the organization and functioning of the Romanian Government and ministries. (3) The Secretary-General of the Agency may also carry out other tasks provided for by the Regulation on its organization and functioning or entrusted by the President. + Article 5 (1) The maximum number of posts and the organizational structure of the Agency shall be approved by Government decision. (2) Within the organizational structure of the Agency, by order of the President, services, offices, as well as temporary working groups may be organized. ((3) The coordination and attributions of compartments within the Agency's own apparatus shall be established by the organization and functioning regulations, which shall be approved by order of the President + Article 6 (1) The staff of the Agency shall comply with the law, in compliance with the organizational structure and within the number of posts provided by Government decision. (2) The salary of the management and execution personnel of the Agency shall be made according to the head provisions. II of Annex no. I to Government Emergency Ordinance no. 33/2001 on certain measures relating to the remuneration of civil servants and other staff in the budgetary sector, as well as staff in the bodies of the judicial authority, approved with amendments Law no. 386/2001 ,, as amended. (3) The maximum number of posts of the working apparatus of the Government and of the Ministry of Development and Forecast shall be reduced by the number of posts related to the performance of duties and competences taken by the Agency. ------------- Alin. ((1) art. 6 was amended by EMERGENCY ORDINANCE no. 34 34 of 17 May 2003 published in MONITORUL OFFICIAL no. 354 354 of 23 May 2003. + Article 7 (1) Fixed assets and inventory items related to the activity of promotion of foreign investments in the endowment of the Ministry of Development and Forecasting-General Directorate for the promotion of investments and of the Department for Relations with Foreign investors within the working apparatus of the Government shall take over the Agency, on the basis of delivery protocol concluded within 30 days from the date of entry into force of this Law. (2) On the date of entry into force of this Law, the Agency shall take over all rights and obligations related to the activity of promoting foreign investments, including those arising from Law no. 332/2001 on the promotion of direct investments with significant impact in the economy, from the Ministry of Development and Forecast and from the Department for Relations with Foreign Investors, as recognized or established by normative acts, agreements and through contracts concluded by these institutions with Romanian or foreign natural or legal persons. (3) The agency has a number of cars, with a monthly fuel consumption, according to the legal provisions. + Article 8 (. The budget of the Agency shall be approved as an annex to the annual state budget law. (2) Corresponding to the duties taken by the Agency, the Ministry of Public Finance is authorized to introduce changes in the structure of the state budget for 2002 and the budget structure of the General Secretariat of the Government and of the Ministry of Development and Forecast. (3) The General Secretariat of the Government and the Ministry of Development and Forecast shall submit to the Ministry of Public Finance the amendments corresponding to the provisions of this law in the structure of their budgets, within 15 days from the date of in force of it. + Article 9 The General Secretariat of the Government and the Ministry of Development and Forecasting shall submit for approval to the Government the new tasks and organizational structures, in accordance with the provisions of this Law, within 30 days from the date of entry into force of it. + Article 10 On the date of entry into force of this Law, the Government Decision no. 159/2001 on the establishment, organization and functioning of the Department for Relations with Foreign Investors, published in the Official Gazette of Romania, Part I, no. 21 of 15 January 2001, and the following normative acts are amended accordingly: Government Decision no. 985/2001 *) on the organization and functioning of the working apparatus of the Government, published in the Official Gazette of Romania, Part I, no. 642 642 of 15 October 2001, Government Decision no. 161/2002 on the organization and functioning of the Ministry of Development and Forecast, published in the Official Gazette of Romania, Part I, no. 159 159 of 5 March 2002, Government Decision no. 21/2001 ** **) on the organization and functioning of the Ministry of Foreign Affairs, published in the Official Gazette of Romania, Part I, no 15 15 of 10 January 2001, as amended and supplemented, Government Decision no. 905/2001 on the organization and functioning of the Romanian Foreign Trade Center, published in the Official Gazette of Romania, Part I, no. 604 604 of 26 September 2001. ------------- * *) Government Decision no. 985/2001 has been repealed by JUDGMENT no. 765 765 of 18 July 2002 published in MONITORUL OFFICIAL no. 554 554 of 29 July 2002. ** **) Government Decision no. 21/2001 has been repealed by JUDGMENT no. 648 648 of 20 June 2002 published in MONITORUL OFFICIAL no. 468 468 of 1 July 2002. This law was adopted by the Senate at the meeting of 22 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 the meeting of May 28, 2002, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU --------