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Law No. 104 Of April 16, 2013

Original Language Title:  LEGE nr. 104 din 16 aprilie 2013

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LEGE no. 104 104 of 16 April 2013 on approval Government Emergency Ordinance no. 55/2012 to amend and supplement Government Emergency Ordinance no. 158/1999 on the control regime of exports, imports and other operations with military products
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 222 222 of 18 April 2013



The Romanian Parliament adopts this law + Article UNIC Approval Government Emergency Ordinance no. 55 55 of 3 October 2012 to amend and supplement Government Emergency Ordinance no. 158/1999 on the control regime of exports, imports and other operations with military products, published in the Official Gazette of Romania, Part I, no. 702 of 12 October 2012, with the following amendments and additions: 1. in Article I, point 1, point a) of paragraph 1 of Article 1 shall be amended and shall read as follows: "a) export, import and transfer, on a permanent or temporary basis, from or to the territory of Romania;" 2. in Article I, point 1, point e) of paragraph 1 of Article 1 shall be repealed. 3. In Article I, after point 1, a new point is inserted, paragraph 1 ^ 1, with the following contents: "" 1 ^ 1. In Article 1, a new paragraph (4) is inserted after paragraph 3, with the following contents: (4) The provisions of the present emergency ordinance do not apply to the control of the operations provided in (1) with firearms, their essential parts and components, as well as the munitions intended for civil use, carried out by the persons referred to in art. 3 3. " 4. In Article I, point 3, letter a ^ 1) of Article 5 is amended and shall read as follows: "a ^ 1) export-exit of a military product from the territory of Romania, temporarily or definitively, to a natural or legal person, from any third country, including reexport activities and technical assistance;" 5. In Article I, point 4, point (ii) of the letter e) of Article 5 shall be amended and shall read as follows: " (ii) the purchase, sale, export or transfer of military goods in its property from a third country to another third country; '. 6. in Article I, point 4, point (iv) of point (e) of Article 5 shall be repealed. 7. in Article I, point 5, point e ^ 11) of Article 5 shall be repealed. 8. In Article I, point 6, Article 6 is amended and shall read as follows: "" Art. 6. -The list of military products subject to the control regime of exports, imports and other operations is established by order of the Minister of Foreign Affairs, which is published in the Official Gazette of Romania, Part I. " 9. In Article I, after point 7, a new point is inserted, paragraph 7 ^ 1, with the following contents: " 7 ^ 1. In Article 8, letter c) is amended and shall read as follows: "c) the principles and criteria set out in Council Common Position 2008 /944/CFSP of 8 December 2008 defining common rules governing the control of exports of military technology and equipment;" " 10. in Article I, paragraph 14, points a)-c) of paragraph 1 and paragraphs 2 and 3 of Article 12 shall be amended and shall read as follows: " a) the individual licence-shall be granted to a person registered for carrying out a single operation with one or more military products, to or from a single importer, consignee, exporter or supplier; b) the global license-is granted to a registered person, for carrying out repetitive operations with one or more military products, to or from several importers, recipients, exporters or suppliers; c) general license-is adopted by order of the Minister of Foreign Affairs to be published in the Official Gazette of Romania, Part I, and can be used by registered persons and, as the case may be, MAE certificates by ANCEX, in compliance with clauses and the conditions contained in the licenses, for carrying out repetitive operations with one or more military products, to or from several importers, recipients, exporters or suppliers. (2) The operations provided for in art. 1 1 para. (1) shall be carried out on the basis of a transfer licence, if the recipients or suppliers are Member States of the European Union, respectively on the basis of export licences, import, intermediation, transit or transhipment, for exporters or importers in the non-member states of the European Union. (3) For the operations referred to in art. 1 1 para. (1) MAE by ANCEX shall issue, as the case may be, individual, global or general export, import, transfer, intermediation, transit or transhipment licenses with military products. " 11. Article I (14), (5) and (6) of Article 12 shall be repealed. 12. In Article I, paragraph 15, paragraphs 1 and 4 to 6 of Article 13 shall be amended and shall read as follows: "" Art. 13. -(1) Persons referred to in art. 3 have the obligation to request in their own name the MFA through ANCEX the registration or, as the case may be, the certification, as well as the export license, import, transfer, intermediation, transit or transhipment of military products. The general transfer license authorizes Romanian suppliers to make transfers with military products, in compliance with the clauses and conditions contained in the transfer license. ................................................................................................ (4) Applications for registration and certification applications shall be settled within a maximum of 90 days from the date of submission of the complete documentation, under the law. ((5) The applications for export, import, transfer and intermediation licences shall be settled within a maximum of 90 days from the date of submission of the complete documentation, under the law. ((6) The applications for a transit and transhipment license shall be settled within a maximum of 30 days from the date of submission of the complete documentation, under the law. " 13. In Article I, paragraph 17, paragraph 5 of Article 15 shall be amended and shall read as follows: "(5) The validity of the general transfer licences shall be established by order of the Minister of Foreign Affairs, which shall be published in the Official Gazette of Romania, Part I." 14. In Article I, point 18 is amended and shall read as follows: " 18. Article 16 is amended and 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 authorized customs units, specified in the documents issued by the MFA through ANCEX. (2) The transit and transhipment of military products on the territory of Romania shall be carried out only through the customs units provided in par. ((1). "" 15. In Article I, paragraph 19, paragraphs 1, 3 and 4 of Article 17 shall be amended and shall read as follows: "" Art. 17. -(1) In the case of exports or transfers of military products, the license applicant is obliged to present an insurance document from the end user-the international import certificate, the final user certificate, issued or certified by the competent authority of the country of the importer, or of the consignee, or the declaration of the final recipient, as the case may be-by which he undertakes to respect the destination and the final use, declared, and, where applicable reexport, i.e. not to retransfer imported or transferred products other than with prior written approval of the MFA through ANCEX. The insurance document from the end-user, in original, shall be attached, on a compulsory basis, to the application for an export or transfer licence. ............................................................................................... ((3) In the case of exports or intermediation of military products that are carried out through external partners registered in states that ensure the anonymity of the shareholding, the export operation or intermediation may be carried out only if the external partner is represented in Romania by a person registered with the MFA through ANCEX. (4) After the delivery of military products has occurred, but no later than 4 months from this time, the holder of the export, transfer or intermediation license must obtain from the external partner the certificate of delivery control issued or certified by the competent authority of the importing country or the recipient or other equivalent document, attesting that the military products have reached their destination. " 16. In Article I, paragraph 20, paragraph 1 of Article 18 shall be amended and shall read as follows: "" Art. 18. -(1) In the case of imports or transfers of military products, the license applicant, at the request of the external partner, is obliged to request the MFA through ANCEX to issue an international import certificate or the certification of a document equivalent. ' 17. In Article I, paragraph 21, paragraph 1 ^ 3 of Article 18 shall be amended and shall read as follows: " (1 ^ 3) In the case of imports of military products that are carried out through external partners registered in states that ensure the anonymity of the shareholding, the import operation can be carried out only if the external partner is represented in Romania by a person registered with the MFA through ANCEX. " 18. In Article I, paragraph 23, paragraphs 2 and 3 of Article 18 ^ 1 and Article 18 ^ 3 shall be amended and shall read as follows: " (2) The insurance document from the end-user, in original or in certified copy, shall be attached, on a compulsory basis, to the request for a intermediation license. (3) After the examination and acceptance by the MFA through ANCEX, the insurance document, in original, from the end user shall be returned to the license applicant to be transmitted to the licensing authorities in the country of the exporter or the supplier, as appropriate. ............................................................................................... Art. 18 ^ 3. -(1) In the case of intermediaries defined in art. 5 lit. e) section (iii) the registered persons must notify the MFA in writing through ANCEX of all the activities that are envisaged and on the Romanian or foreign persons with whom they are to negotiate or organize operations involving the removal from or introduction on the territory of Romania of military products. (2) The intermediary shall submit to the MFA through ANCEX all documents certifying its commercial relations with the exporter, importer, supplier, recipient or other intermediaries, including the relevant operations and activities carried out after the issuance the licence corresponding to the intermediation activities, but not later than 10 working days after they have been carried out. '; 19. In Article I, paragraph 25, paragraph 2 of Article 20 ^ 1 is amended and shall read as follows: " (2) The modality of periodic reporting, reporting deadlines, as well as the format of the reporting shall be established by order of the Minister of Foreign Affairs, published in the Official Gazette of Romania, Part I. 20. In Article I, point 26, Article 21 is amended and shall read as follows: "" Art. 21. -(1) In application of the control regime provided for in this emergency ordinance, the MFA through ANCEX coordinates the activity of the national control system of exports, imports and other operations with military products, as authority national. (2) In order to fulfill its object of activity, the MFA through ANCEX has 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) records and, where applicable, certifies the persons referred to in art. 3 to carry out external trade operations with military products, provided in art. 1 1 para. ((1); c) audit the implementation of the internal compliance program for registered persons and, as the case may be, certificates, which will benefit from general transfer licenses; d) verify, scriptic or factual, when necessary, the relevant aspects regarding the conclusion, conduct or completion of the operations provided in art. 1, having as object military products, as well as respect for their destination and final use; e) verify the compliance and accuracy of statements of persons carrying out the operations provided in art. 1 1; f) assess and accept, where applicable, the international import certificate or equivalent documents issued or certified by the competent authorities of the countries of the importing or consignee partners, with a view to issuing export licences, transfer or licensing of intermediation with military products; g) assess and accept, as the case may be, the certificate of delivery control issued or certified by the competent authorities of the countries of the importing partners or recipients or equivalent documents; h) issue the international import certificate or other equivalent document, as well as the certificate of delivery control for imports or transfers of military products; i) examine and approve, with the assent of the Interministerial Council, the licence applications concerning the export, import, transfer and intermediation of military products; j) issue export, import, transfer and intermediation licences with military products; k) examine, approve and issue applications for transit and transhipment of military products on the territory of Romania; l) order, in case of violation of the provisions of this emergency ordinance, the stop or prohibition of the conduct of export, import, transfer, intermediation, transit or transhipment of military products, as well as the sanctioning of persons provided in art. 3 who are guilty of these violations; m) applies the sanctions regime provided for by this emergency ordinance through the control body constituted by decision of the Director General; n) periodically informs the Government and the Supreme Council of Defense of the Country on operations with military products that are regulated by the present emergency ordinance; o) draft and publish periodic reports on the control of exports of military products, under the law; p) organizes, with the support of the ministries and institutions involved, programs to inform economic operators about the principles, objectives, norms and procedures regarding the control regime of exports, imports and other operations with military products; q) grants, upon request, free of charge, expert advice to economic operators and other persons interested in carrying out export, import, transfer, intermediation, transit or transhipment of military products, subject to the regulated control by this emergency ordinance; r) verify the fulfilment of the obligations and commitments made by Romania through the treaties, agreements and international arrangements in the field of export control, imports and other operations with military products; s) represent Romania in the activities carried out by international organizations and bodies with responsibilities in the field of export control, imports and other operations with military products; s) is the National Contact Point designated for liaising with the other States Parties in the areas covered by the Protocol against the Illegal Manufacturing and Traffic of Firearms, Parts and Components thereof, as well as ammunition, adopted in New York on 31 May 2001, in addition to the United Nations Convention against Transnational Organized Crime, adopted in New York on 15 November 2000; t) is the National Contact Point for liaising with the other States Parties on the International Instrument that allows States to identify and track, quickly and securely, small arms and light armaments, adopted in New York on 5 December 2005, in the framework of the UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons, in all its aspects, adopted on 20 July 2001; t) cooperate with similar authorities in other states in order to: -mutual information and consultation in the case of applications for registration, certification or military product licence, 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 the list of military products; -the complaint of violations of the control regime, in order to sanction them by the competent bodies of each country; u) initiates the updating of the list of military products subject to the control regime of exports, imports and other operations, in accordance with the international obligations and commitments assumed by Romania; v) initiates, in collaboration with other Romanian authorities and public institutions, actions to promote Romania's interests in relations with international organizations and bodies of export control, imports and other operations with products military; w) performs any other duties provided by law in the field of the control regime of exports, imports and other operations with military products. " 21. In Article I, after paragraph 27, a new point is inserted, paragraph 27 ^ 1, with the following contents: "" 27 ^ 1. In Article 22, a new paragraph (7) is inserted after paragraph 6, with the following contents: " (7) Where military products subject to international traceability instruments have been exported, imported, transferred or brokered, the persons referred to in art. 3 have the obligation to keep at least 20 years the documents on the operations carried out. In the case of economic operators manufacturing military products subject to international traceability instruments, the time limit for keeping the documents shall be at least 30 years. "" 22. in Article I, paragraph 28, paragraphs 1 and 5 of Article 23 shall be amended and 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, Ministry of Internal Affairs, Romanian Intelligence Service, Foreign Intelligence Service and National Customs Authority. ............................................................................................... (5) The organization and functioning of the Inter-Ministerial Council shall be established by order of the Minister of Foreign Affairs, published in the Official Gazette of Romania, Part I. 23. Article I, point 28, point c) of paragraph 4 of Article 23 shall be repealed. 24. In Article I, paragraph 37, paragraph 1 of Article 33 ^ 1 is amended and shall read as follows: "" Art. 33 33 ^ 1. -(1) Violation of provisions of art. 201 201 para. ((1) and of art. 22 22 para. (7) constitutes contraventions and is sanctioned with a fine of 5,000 lei to 10,000 lei. " 25. In Article I, paragraph 38, paragraph 1 of Article 34 shall be amended and shall read as follows: "" Art. 34. -(1) The finding of contraventions and the application of sanctions provided in art. 32, 33 and 331 are made by the members of the MFA control corps through ANCEX, empowered as ascertaining agents through the control mandate issued by the Director General MAE through ANCEX. " 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 VALERIU-STEFAN ZGONEA SENATE PRESIDENT GEORGE-CRIN LAURENȚIU ANTONESCU Bucharest, April 16, 2013. No. 104. -----