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Law No. 595 Of 15 December 2004 Approving Government Emergency Ordinance No. 158/1999 On The Regime Of Exports And Imports Of Strategic Goods

Original Language Title:  LEGE nr. 595 din 15 decembrie 2004 pentru aprobarea Ordonanţei de urgenţă a Guvernului nr. 158/1999 privind regimul exporturilor şi importurilor de produse strategice

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LEGE no. 595 595 of 15 December 2004 for approval Government Emergency Ordinance no. 158/1999 on the export regime and imports of strategic products
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 1.239 1.239 of 22 December 2004



The Romanian Parliament adopts this law + Article UNIC Approval Government Emergency Ordinance no. 158 158 of 19 October 1999 on the regime of exports and imports of strategic products, published in the Official Gazette of Romania, Part I, no. 519 of 26 October 1999, with the following amendments and additions: 1. The title of the emergency ordinance shall read as follows: "EMERGENCY ORDINANCE on the control regime of exports, imports and other operations with military products" 2. In Article 1, the introductory part and letter c) shall read as follows: "" Art. 1. -The following operations with military products shall be subject to the control regime provided for in this Emergency Ordinance: ..................................................................... c) intermediation activity; " 3. in Article 1, paragraph 2 is inserted as follows: " (2) The provisions of this emergency ordinance shall be exempted from the operations of removal or introduction, on a permanent or temporary basis, the international transit and the transhipments of military products made in connection with the participation of Romania in foreign military missions or military echelons of the other NATO member states. " 4. Article 2 shall read as follows: "" Art. 2. -The final destination and use of military products subject to the operations referred to in art. 1 1. " 5. Article 5 shall read as follows: "" Art. 5. -For the purposes of this emergency ordinance, the following terms and expressions have the following meanings: a) military products-armaments, ammunition, missiles, bombs, torpedoes, mines, land, air and sea vehicles and other products, equipment and systems designed and made for military purposes, components, parts and accessories thereof, such as software and related technology for their realization; b) technical assistance-any technical support relating to the development, manufacture, assembly, testing, maintenance, repair or any technical service in the form of training, refresher, transmission of information or operational qualifications, or consulting services for military products. The technical assistance also includes the forms of oral assistance; c) foreign trade operations-operations with military products provided for in art. 1 1 para. ((1) lit. a) and c); d) the transmission of software or technology by electronic means-the transmission of software or technology by electronic means, by fax, internet or telephone to a destination outside Romania; it does not concern the transmission of technology on oral route by telephone only if a document or relevant parts of it are read to the correspondent by telephone or are described by means of a manner to obtain the same result; e) intermediation activity-activities carried out by a person regarding: -the negotiation or organization of transactions involving the transfer from a third country to another third country of military products contained in the lists approved by Government decision; or --the purchase, sale or transfer of military goods in its possession from a third country to another third country. ' 6. Article 6 shall read as follows: "" Art. 6. -The lists of military products subject to the control regime of exports, imports and other operations shall be established by Government decision. " 7. Article 7 shall read as follows: "" Art. 7. -(1) The export, reexport and transmission of software and technology, including by electronic means, of military products not included in the lists of military products established by Government decision shall be subject to the licensing procedure, in accordance with the provisions of this Emergency Ordinance, where the exporter is informed by the Agency that the products concerned are or may be intended, in whole or in part, to contribute to: a) the development, production, maintenance, storage or use of military products; or b) the development, production, maintenance, storage or use of means capable of carrying and carrying out weapons of mass destruction. (2) If the exporter is aware that some products that do not appear in the lists of military products established by Government decision are intended, in whole or in part, to one of the purposes provided in par. ((1), it is obliged to inform the agency, which decides on the opportunity to submit the respective export licensing. (3) The operations provided in par. ((1) and (2) shall be subject to the control regime provided for by this Emergency Ordinance by order of the President of the Agency and shall be communicated to interested persons. " 8. Article 8 shall read as follows: "" Art. 8. -The control regime of exports, imports and other operations with military products is carried out in compliance with: a) the fundamental guidelines of Romania's foreign policy; b) the national and economic security interests of Romania; c) principles and criteria of the European Union Code of Conduct on arms exports; d) obligations arising from the application of arms transfers embargoes established by a resolution of the United Nations Security Council, common position or joint action adopted by the Council of the European Union, decision of the Organization for Security and Cooperation in Europe or established by NATO member states; e) the objectives of non-proliferation of weapons of mass destruction, means of carrying weapons and other military products used for the purpose of destabilizing accumulations; f) conventions, treaties, international agreements, non-proliferation mechanisms to which Romania is a party and other international commitments made by Romania as a participating state in the international non-proliferation and control regimes exports; g) the principle of cooperation with states promoting non-proliferation policies similar to Romania's in this field. " 9. Article 9 shall read as follows: "" Art. 9. -National Export Control Agency, regulated by Law no. 387/2003 on the control regime of exports of dual-use goods and technology, as a national authority in the field of export control of dual-use goods and technology, hereinafter referred to as the Agency, takes over responsibility for the control of exports, imports and other operations with military products and is responsible for the implementation of Government policy in this field. 10. Article 10 shall read as follows: "" Art. 10. -Legal persons referred to in art. 3 may perform foreign trade operations with military products only on the basis of the authorization issued by the agency or other competent bodies, according to the law. " 11. Article 12 shall read as follows: "" Art. 12. -(1) The operations provided for in art. 1 1 para. ((1) lit. a) shall be carried out on the basis of licences, which may be classified in one of the following categories: a) individual license-is granted to an authorized Romanian person, for carrying out an operation with one or more military products in the same category, to or from a single external partner; b) the global license-is granted to an authorized Romanian person, for carrying out operations with one or more military products, to or from several external partners. (2) The operations provided for in art. 1 1 para. ((1) lit. c) shall be carried out on the basis of an individual licence 12. In Article 13, paragraphs 3 and 7 shall read as follows: " (3) Persons referred to in art. 3 have the obligation to declare to the agency the destination of military products, as well as their recipient or end user. .............................................................................. ((7) Applications for authorization, license or permit, together with data and information on any of the elements relating to operations with military products, will be made by individuals or, as the case may be, by The leaders of the legal entities 13. Article 14 shall read as follows: "" Art. 14. -Holders of authorizations, licenses or permits are required to declare to the Agency any changes or differences from the dates entered in the authorizations, licenses, respectively permits, found in the documents, as well as the handover or takeover those military products. If such changes or differences change the conditions under which the authorization was issued, license or permit, they are cancelled and the declaration of these changes or differences can be considered as a new request for authorization, license or permit, as applicable. " 14. In Article 15, paragraph 2 shall read as follows: " (2) Validity of licenses or permits, other than those provided in par. ((3), shall be a maximum of one year. " 15. Article 16 shall read as follows: "" Art. 16. -(1) Persons referred to in art. 3 have the obligation to declare and to present military products, for customs clearance, only at the customs units established in the documents issued by the agency. (2) The transit and transhipment of military products on the territory of Romania shall be carried out only through the customs units established according to par. ((1). ' 16. Article 17 shall read as follows: "" Art. 17. -(1) In the case of exports of military goods, the exporter shall be obliged to apply to the external partner the international import certificate or an equivalent document, issued or certified by the competent authority of the country of the importer, by which it undertakes to respect the final destination and use declared and not to re-export the imported products except with the prior written approval of the Romanian authorities empowered according to the law. The international import certificate or equivalent document, in original, shall be compulsorily annexed to the application for an export licence. (2) After the delivery of military products has occurred, but no later than 4 months from this time, the exporter must obtain from the external partner the delivery control certificate or other equivalent document, issued or certified by the authority competence in the importing country, attesting that the goods have reached their destination. (3) The certificate of delivery control or equivalent document shall be presented to the Agency, in original, within the period provided in par. ((2). ' 17. Article 18 shall read as follows: "" Art. 18. -(1) In the case of imports of military products, the importer, at the request of the external partner, is obliged to request the agency to issue the international import certificate or equivalent document, issued or certified under the conditions required by the competent authority of the exporting country. (2) After making the import, but no later than two months from this moment, the importer, at the request of the external partner, is obliged to request the agency to issue the certificate of delivery control or equivalent document, issued or certificate under the conditions required by the competent authority of the exporting country. ((3) If the external partner requests further proof of the import, the National Customs Authority shall issue such confirmation. " 18. Article 19 shall read as follows: "" Art. 19. -In the case of non-commercial operations to remove, on a permanent or temporary basis, from the territory of Romania the military products, the applicant for a permit must obtain from the external partner documents containing its guarantees, from which results that the transferred products will not be used for purposes that damage the international obligations or commitments assumed by Romania. These documents shall be attached to the application for non-commercial operations. '; 19. Article 20 shall read as follows: "" Art. 20. -In the case of non-commercial operations of introduction, on a permanent or temporary basis, in the territory of Romania of military products, the applicant for a permit must obtain from the agency the documents required by the external partner, according to from his country. " 20. Article 21 shall read as follows: "" Art. 21. -(1) In application of the control regime provided for in this emergency ordinance, the agency coordinates the activity of the national control system of exports, imports and other operations with military products. (. In order to fulfil its object of activity, the Agency shall have the following main tasks: a) initiates draft normative acts, elaborates own and common regulations with other authorities empowered in the field, according to the law, and collaborates with them for the application of the provisions of this emergency ordinance; b) authorize the persons provided in art. 3 3, other than those referred to in art. 26 26 para. (1), to conduct foreign trade operations with military products; c) check, scriptic or factual, when necessary, the relevant aspects regarding the conclusion, development or completion of the operations provided in art. 1 having as their object military products, as well as respect for their destination and final use; d) verify the compliance and accuracy of statements of persons carrying out the operations provided in art. 1 1; e) assess and accept, as the case may be, the international import certificate or equivalent documents, issued or certified by the competent authorities of the countries of the importing partners, in order to issue the export licences of military products; f) issue the international import certificate or other equivalent document, as well as the certificate of delivery control for imports of military products; g) examine and approve, with the opinion of the Interministerial Council, the licence applications concerning the export or import of military products; h) issue export or import licences of military products; i) examine and approve the applications for permits for non-commercial operations, international transit and transhipment on the territory of Romania; j) issue permits for non-commercial operations, international transit permits, transhipment permits on the territory of Romania, as well as the documents requested by external partners for non-commercial transfer operations in the territory Romania; k) orders, in case of violation of the provisions of this emergency ordinance, the stop or prohibition of the conduct of export, import, transit, transhipment or other transfers of military products, as well as the sanctioning of the persons provided to art. 3 who are guilty of these violations; l) annually inform the Government of operations with military products that are regulated by this emergency ordinance; m) organizes, with the support of the ministries and institutions involved, programs to inform economic agents in relation to the principles, objectives, norms and procedures regarding the regime of exports and imports of military products; n) grant, upon request, free of charge, expert advice to economic agents and other persons interested in carrying out export, import or other operations with military products, subject to the control regime regulated by the presence emergency ordinance; o) control the way of fulfilling the obligations and commitments made by Romania through the treaties, agreements and international arrangements in the field; p) together with the Ministry of Foreign Affairs, represent Romania in the activities carried out by international organizations and bodies with responsibilities in the field of export control and imports of military products; q) cooperate with similar authorities in other states, for the purposes of: -mutual information and consultation in the case of licence applications or of the permit for military products, if there are strong indications of the possibility of using them for purposes other than those declared; -uniform updating and application of the relevant regulations, including military product lists; -the complaint of violations of the control regime, in order to sanction them by the competent bodies of each country; r) initiates, together with the competent institutions, the updating of the lists of military products subject to the control regime, in accordance with the international obligations and commitments assumed by Romania; s) initiates, in collaboration with the Ministry of Foreign Affairs and other interested institutions, actions to promote Romania's specific interests in relations with international organizations and bodies of export control and imports of military products; s) performs any other duties provided by law in the field of regulation, authorization and control of exports and imports of military products. " 21. In Article 22, paragraphs 2, 4, 5 and 6 shall read as follows: "" (2) The expenditure of technical expertise of the products, carried out in laboratories, research institutes or other specialized institutions in the field, in order to classify or not as a military product subject to the control regime provided for by the present the emergency ordinance, shall be borne financially by the person for whom the classification activity is carried out. In particular situations, relating to facts which may affect national security, the technical expertise shall be borne by the Agency's budget. .................................................................. (4) Persons referred to in art. 3 are obliged to transmit, at the request of the agency, the documents, data and information requested, within the established deadlines, and to ensure, under the law, the unhindered access of the control body of it to their premises and in any spaces that belong, in order to verify the relevant aspects regarding the conclusion, conduct or completion of the operations provided for 1 1, as well as those concerning the destination and the final use of military products. (5) Legal persons referred to in art. 3 and public authorities with attributions in the field have the obligation to keep for 15 years the documents on operations carried out with military products subject to control. (6) The persons involved in the application of the control regime of military products, who are aware of information that constitute state, service or commercial secrets, are obliged to respect their character and to make them known only the authorities entitled, under the law. " 22. In Article 23, paragraphs 1 and 4 shall read as follows: "" Art. 23. -(1) Within the national control system of exports, imports and other operations with military products shall be the inter-ministerial council, composed of representatives, at least at the level of director, of the Ministry of Foreign Affairs, Ministry of National Defence, Ministry of Economy and Trade, Ministry of Administration and Interior, Romanian Intelligence Service, Foreign Intelligence Service, National Customs and Agency Authority. ................................................................................ (4) The inter-ministerial council shall examine and endorse the licence applications for: a) export and import of military products; b) intermediation activity. " 23. Article 24 shall read as follows: "" Art. 24. -Applications for authorization, license and permit for operations with military products shall be approved by order of the President of the Agency. " 24. Article 25 shall be repealed. 25. In Article 26, paragraphs 1 and 2 shall read as follows: "" Art. 26. -(1) The settlement of licence applications of economic agents from the subordination and coordination of institutions of the national defence and national security system for the export or import of military products is also subject to the presentation of to the licence applicant for the export or import authorisation issued by the Ministry of National Defence. (2) Settlement of license applications of persons other than those provided in par. (1), for the export or import of military products, shall also be subject to the presentation by the applicant of the authorization of the Ministry of National Defence. " 26. Article 27 shall read as follows: "" Art. 27. -Solving license applications for the export or import of military products, other than those provided in art. 26, shall also be subject to the presentation by the applicant of the authorization to carry out operations of foreign trade in military products, issued by the agency. " 27. Article 28 shall be inserted after Article 28, with the following contents: "" Art. 28 28 ^ 1. -(1) The Agency shall refuse to issue a licence for military operations if the State of the final recipient is subject to an arms transfer embargo established by a United Nations Security Council resolution, joint position or action adopted by the Council of the European Union or decision of the Organization for Security and Cooperation in Europe. (2) The Agency may refuse to issue a licence for operations with military products, with the opinion of the Inter-Ministerial Council, if the State of the final recipient or the final recipient is subject to a unilateral arms transfers embargo or restrictive measures, as appropriate, set up by NATO Member States. " 28. In Article 29, paragraphs 2, 4 and 5 shall read as follows: " (2) The Agency shall have unhindered access, under the law, to all information concerning operations with military products, as well as to the information necessary to evaluate any forms of activities with such products. ........................................................................... (4) At the request of the Agency, the Ministry of Administration and Interior or other competent institutions shall carry out specific checks and inform it in order to take legal (5) The National Customs Authority shall make available to the Agency, at its request, all the necessary data regarding the export, import and other operations with military products. " 29. Article 30 shall read as follows: "" Art. 30. -The violation of the provisions of this emergency ordinance regarding operations with military products, as well as those regarding the sincerity of statements, which constitute crimes according to the law, shall be punished according to the provisions of the Criminal Code. 30. Article 31 shall read as follows: "" Art. 31. -The issuance of permits, export licences or import of military products, as well as permits, without complying with the provisions of this emergency ordinance, attracts, as the case may be, disciplinary, administrative or criminal liability, according to law. " 31. Article 32 shall read as follows: "" Art. 32. -Failure to comply with the destination and final use of military products, entered in documents based on the declaration provided in art. 13 13 para. (3), constitutes contravention and is sanctioned with a fine of 20 million lei to 100 million lei. " 32. Article 33 shall read as follows: "" Art. 33. -(1) Violation of provisions of art. 7 7 para. ((2), art. 17 17 para. ((2) and (3) and art. 22 22 para. (5) and (6), in so far as the facts are not considered, according to the law, crimes, constitute contravention and are sanctioned with a fine of 20 million lei to 50 million lei. (2) Violation of art. 14 14 and art. 22 22 para. (4), in so far as the facts are not considered, according to the law, crimes, constitute contravention and are sanctioned with a fine of 20 million lei to 100 million lei. " 33. In Article 34, paragraph 2 shall read as follows: "(2) The agency notifies the prosecution bodies if the facts found are considered, according to the law, crimes." 34. Article 37 shall read as follows: "" Art. 37. -The contraventions provided for in this Emergency Ordinance are applicable to their provisions Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, except for the provisions of art. 28 28 and 29. " 35. Article 38 shall read as follows: "" Art. 38. -If the violation of the provisions of this emergency ordinance is likely to cause serious consequences to the regime of exports and imports of military products and to the international obligations and commitments assumed by Romania in this domain, the agency may suspend or withdraw the permits, licenses or permits that it has issued or may require the competent bodies to suspend or withdraw the authorization documents issued by them, according to the law. " 36. Article 39 shall read as follows: "" Art. 39. -The Agency shall, as a member of law, be part of the decision-making structures of all bodies created at national level, which carry out activities related to the regime of military products. " 37. In Article 40, paragraph 1 shall read as follows: "" Art. 40. -(1) The Agency is represented, within the diplomatic missions of Romania abroad, in addition to the international export control bodies of military products, the prohibition of chemical weapons, as well as in the countries with which Romania carries out current commercial operations with such products, through personnel posted in the Ministry of Foreign Affairs. " This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU p. SENATE PRESIDENT, DORU IOAN TARACILA Bucharest, December 15, 2004. No. 595. ----------