Advanced Search

Law No. 33 Of 27 March 2014

Original Language Title:  LEGE nr. 33 din 27 martie 2014

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 33 33 of 27 March 2014 for the ratification of the Memorandum of Understanding between the Romanian Government and the Council of Europe on the Council of Europe's Office in the field of cybercrime in Bucharest and its legal status, signed in Bucharest on 15 October 2013
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 234 234 of 2 April 2014



The Romanian Parliament adopts this law + Article 1 The Memorandum of Understanding between the Romanian Government and the Council of Europe on the Council of Europe's Office in the field of cybercrime in Bucharest and its legal status, signed in Bucharest on October 15, 2013, is ratified. + Article 2 (1) The Office of the Council of Europe in the field of cybercrime in Bucharest will operate in the UN House, located in Bucharest, Spring Boulevard no. 48 A, sector 1, based on the conditions established by the Government of Romania, the Council of Europe and the United Nations, through its agencies currently operating in the UN House. (2) Any amendment to the office of the Council of Europe in the field of cybercrime in Bucharest will be made by Government decision. 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 CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, March 27, 2014. No. 33. MEMORANDUM OF UNDERSTANDING between the Government of Romania Europe on the Council of Europe's Office Cybercrime in Bucharest and its legal status *) ---------- Note * *) Translation. The Government of Romania and the Council of Europe (the Parties), Having regard to the Resolution CM/Res (2010) 5 on the status of the Council of Europe offices adopted by the Committee of Ministers on 7 July 2010 Having regard to the provisions of the General Agreement on the privileges and immunities of the Council of Europe (hereinafter referred to as GAPI), adopted in Paris on 2 September 1949, to which Romania is a party, agreed the following: 1. A new institutional form of cooperation between the parties is established through the creation in Bucharest of an Office in the field of cybercrime of the Council of Europe (referred to as the Office). 2. The main objectives of the Office will be: a) the representation of the Secretary-General in relation to the authorities of the host country b) facilitating the identification of technical assistance needs in the field of cybercrime, in cooperation with national authorities, other states, as well as with other partners; c) providing advice, support and coordination in the preparation, negotiation and timely implementation of the activities organised by the Council of Europe in the field of the fight against cybercrime, including joint projects with the European Union and other donors; d) establishing partnerships with public and private sector organisations in the area of the fight against cybercrime; e) cooperation with the Romanian authorities in the field of fight against cybercrime; f) organization of activities for the identification of funds for specific projects and programs; g) coordination of activities at national level with other international organizations and institutions (EU, OSCE, UN), as well as with other local and international partners who carry out activities in the country. 3. The Office shall operate with officials of the Council of Europe (hereinafter referred to as officials of the Office), including the following categories: members of the Council of Europe employed on the basis of regulations and rules on staff Europe, including staff recruited locally, and seconded staff to the Council of Europe in accordance with the applicable rules. 4. The Council of Europe will notify to the Ministry of Foreign Affairs of Romania the name, function and category of officials of the 5. The Secretary General of the Council of Europe shall appoint the Head of the Office and shall inform the Ministry of Foreign Affairs of Romania in writing of the decision taken in this regard 6. As an institution of the Council of Europe, the Office and its officials will benefit from the GAPI. 7. As an institution of the Council of Europe, the Office will have legal personality and will have the ability to conclude contracts, acquire and alienate securities, initiate legal proceedings, open and hold bank accounts in the national and foreign currency. 8. The Office, its assets and assets will benefit from immunity from any legal proceeding, unless the Committee of Ministers has authorized the waiver of immunity. The waiver of immunity shall not extend to any enforcement or seizure of property. 9. The buildings and office premises are inviolable. His assets and assets will be exempted from the search, requisition, confiscation, expropriation or any other form of interference of an administrative, judicial or legislative nature. The authorities of the Romanian Government will have the right to enter the premises of the Office only with express consent or at the request of the Secretary General of the Council of Europe or the Head of In case of fire, flooding or other emergency situations, its consent is presumed. 10. The archives of the Office and, in general, all documents belonging to him or her own are inviolable, wherever they are found. 11. Without being limited by controls, regulations or financial moratoriums of any kind: a) the Office will be able to hold the currency of any kind and operate accounts in any currency; b) The Office will be able to freely transfer its funds from one country to another or within a country and convert any currency held by it into any other currency; c) in the exercise of the rights provided for in points a) and b) above, the Office shall consider any requests made by the Government of Romania to give them a course in so far as this is possible without prejudice to the interests of the Office. 12. The office, assets, income and other property belonging to it shall be exempt from: a) any direct tax; however, the Office will not be able to request exemption from taxes, fees or other payments that constitute only the payment of public utility services; b) any customs duties, prohibitions and restrictions on import and export with regard to the items necessary for official office operation; articles imported with customs relief may not be sold on the territory of the country in which they were imported except in conditions authorised by the government of that country c) any customs duties, prohibitions and restrictions on import and export with regard to its publications. 13. The officials of the Office benefit in terms of official communications of a treatment at least as favorable as that granted by the Government of Romania to the diplomatic missions of any state. Correspondence and other official communications of the Office's officials cannot be censored. The Office may use the channels, means and communication services necessary to ensure its full communication capability. The Office may use, according to the provisions and legal norms applicable in Romania, the electronic and magnetic spectrum for its operations and it undertakes in cooperation with the competent authorities of the Romanian Government to obtain the necessary licenses in that purpose. The Office shall not be entitled to use broadcasting frequencies. Private correspondence and other forms of communication addressed or transmitted by the officials of the Office shall be deemed to be official communication of the Office, and the provisions of this Memorandum of Understanding 14. Officials of the Office, with the exception of locally recruited personnel and seconded personnel, shall enjoy the following privileges and immunities: a) immunity from jurisdiction in respect of oral, written or any acts performed by them in official capacity within the limits of the powers conferred; b) exemption from any taxes on salaries or other monetary rights granted by the Council of Europe; c) immunity regarding restrictions on immigration and registration of foreigners, together with spouses and relatives in their maintenance; d) the granting of the same facilitations on foreign exchange as well as the officials of diplomatic missions accredited to the respective government; e) the granting of the same repatriation facilitations enjoyed by the diplomats together with their spouses and their dependent relatives in the event of an international crisis; f) the right to import, with exemption from customs duties, furniture and objects, on the occasion of taking office in that country, and to re-export them, with exemption from customs duties, to their home country. 15. The officials of the Office, including the citizens of the host country who are personally recruited locally, shall enjoy the privileges and immunities provided for in paragraph 14a and 14b, in accordance with the relevant rules adopted by the Council of Europe. 16. The officials of the Office who are seconded shall enjoy the privileges and immunities provided for in paragraph 14, except in paragraph 14b, in accordance with the relevant rules adopted by the Council of Europe. 17. The privileges and immunities are granted to officials of the Office in the interest of the Council of Europe, and not to their personal advantage. The Secretary-General has the right and obligation to waive the immunity granted to an official if, in his opinion, it impedes the normal exercise of justice and can be lifted without that measure prejudicial to the interests of Council of Europe 18. Any dispute between the Office and private persons in connection with services or works rendered or real estate transactions carried out on behalf of the Office shall be subject to arbitration, as provided for in the Administrative Order of the Secretary-General, approved by the Committee of Ministers. 19. The operation of the Office will be financed from allocations from the ordinary budget of the Council of Europe and, when appropriate, as well as from extra-budgetary resources made available for the implementation of cooperation programs. 20. The Romanian Government will contribute to the financing of the Office by providing its headquarters free of charge. 21. The Office and its officials may display the marks of the Council of Europe at the premises and on the means of 22. In cases where the Office acquires goods or services for its official use, the cost of which includes excise duties and taxes, the Government of Romania shall take the appropriate administrative measures for the exemption or reimbursement of these taxes and taxes. 23. Apart from the provisions set out in the GAPI, in accordance with the relevant rules adopted by the Council of Europe, the officials of the Office, with the exception of the personnel seconded from Romania are exempted from the social, provided that officials are included in a social security scheme provided for by the Council of Europe. This exemption will not affect voluntary participation in the social security system in Romania, provided that this participation is allowed by the legislation applicable in Romania. 24. Apart from the provisions set out in the GAPI, for the officials of the Office, spouses/wives and relatives in their maintenance will be duly issued residence permits during their appointment in Romania. 25. Vehicles belonging to the Council of Europe will be registered under diplomatic numbers and will benefit from appropriate civil liability insurance. 26. Officials of the Office shall comply with national laws and shall refrain from activities incompatible with the Office's mandate and objectives. 27. Service providers and consultants contracted at local level by the Office are subject to national legal regulations and norms. 28. The differences between the parties regarding the interpretation or application of this Memorandum of Understanding shall be settled by diplomatic channels. 29. The Memorandum of Understanding may be amended by agreement of the parties, in writing. The amendments will enter into force in accordance with paragraph 30. 30. This Memorandum of Understanding shall end for an indefinite period and shall enter into force on the date of receipt of the notification of the Government of Romania regarding the fulfilment of the internal procedures necessary for its 31. Any Party may terminate the Memorandum of Understanding by a notification to the other Party, in which case this Memorandum of Understanding shall cease to produce its effects six months after the date of receipt of the notification. Signed in Bucharest on October 15, 2013, in two original copies in English. For Romanian Government Titus Corlatean Council of Europe Gabriella Battaini-Dragons ------