Advanced Search

Law No. 291 Of 2 November 2007 (Republished) Regarding The Entry, Parking, Transit Operations Or Deployment Of Foreign Armed Forces In Romania *)

Original Language Title:  LEGE nr. 291 din 2 noiembrie 2007 (*republicată*) privind intrarea, staţionarea, desfăşurarea de operaţiuni sau tranzitul forţelor armate străine pe teritoriul României*)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 291 291 of 2 November 2007 (** republished) (* updated *) on the entry, stationing, operation or transit of foreign armed forces on the territory of Romania * *) ((updated on 9 July 2015 *)
ISSUER PARLIAMENT




---------- ** **) Republicated pursuant to art. 107 107 para. ((3) of Law no. 255/2013 for the implementation of Law no. 135/2010 on the Code of Criminal Procedure and for the modification and completion of some normative acts that include criminal procedural provisions, published in the Official Gazette of Romania, Part I, no. 515 515 of 14 August 2013, as amended, giving the texts a new numbering. Law no. 291/2007 was published in the Official Gazette of Romania, Part I, no. 758 758 of 8 November 2007. + Chapter I General provisions + Article 1 (1) The present law constitutes the general framework on the conditions under which foreign armed forces may enter, be stationed, carry out operations or transit through the territory of Romania. (2) The provisions of this law shall apply to the extent that the treaties ratified by the Romanian Parliament do not have otherwise. + Article 2 For the purposes of this Law, the following expressions are defined as follows: a) foreign armed force means force and civil component, military products, equipment and materials of the endowment, as well as those to ensure their support, belonging to a foreign state or that are under the command of a international organizations, located on the territory of Romania to carry out official missions; b) force means military personnel belonging to the army of a foreign state or under the command of an international organization, located on the territory of Romania in connection with official duties; c) the civil component means the civilian personnel employed by the sending party for the benefit of the force; they are not part of this category persons without citizenship, Romanian citizens, as well as foreign citizens permanently resident in Romania; d) the sending party means the State to which the foreign armed forces or the international organisation under the aegis of which e) military authorities of the sending party means the structures or persons of the sending party who are empowered to enforce its laws and regulations with regard to members of the foreign armed force; f) transit means the passage of the foreign armed force from one country to another through the territory of Romania, without other stationings than those necessary for this activity; g) operations means military operations, exercises, training and ceremonial activities; h) technical agreements mean bi-or multilateral documents that, without creating or modifying legal relations of public international law, establish the concrete conditions in which foreign armed forces enter, station, preposition products military, equipment and materials, conduct operations or transit through the territory of Romania; ---------- Lit. h) a art. 2 2 has been amended by section 4.2 1 1 of art. unique from LAW no. 189 189 of 2 July 2015 , published in MONITORUL OFFICIAL no. 492 492 of 6 July 2015. i) pre-positioning means the arrangement of military products, equipment and materials from the endowment of foreign armed forces and, as the case may be, the presence of service personnel in facilities belonging to public authorities, for the purpose of conduct of operations. ---------- Lit. i) of art. 2 2 was introduced by section 4.2. 2 2 of art. unique from LAW no. 189 189 of 2 July 2015 , published in MONITORUL OFFICIAL no. 492 492 of 6 July 2015. + Chapter II Approval of the entry of the foreign armed forces + Article 3 The establishment on the territory of Romania of commands, entities/elements or foreign military structures or multinationals, as well as structures or military representations of international organizations is made: a) on the basis of the international treaties ratified by the Parliament when they contain express provisions in this regard; b) with the approval of the Parliament, at the proposal of the President of Romania, at the request of the Minister of National Defence, with the opinion ---------- Article 3 has been amended by section 3. 3 3 of art. unique from LAW no. 189 189 of 2 July 2015 , published in MONITORUL OFFICIAL no. 492 492 of 6 July 2015. + Article 4 (1) The entry and stationing of foreign armed forces in Romania or the transit of national territory by them, in order to prepare and/or conduct military operations, according to the commitments made by Romania through international treaties, is approved by the President of Romania on the proposal of the Prime Minister, after consulting the Supreme Council of National Defence. The President of Romania informs the Parliament about the decision, within 5 days of its taking, and if the Parliament is on holiday, from the start of the ordinary or extraordinary session, as the case may be. (1 ^ 1) The pre-positioning of military products, equipment and materials from the endowment of foreign armed forces is approved under the conditions provided in par. ((1). ---------- Alin. ((1 ^ 1) of art. 4 4 has been introduced by section 4 4 of art. unique from LAW no. 189 189 of 2 July 2015 , published in MONITORUL OFFICIAL no. 492 492 of 6 July 2015. (2) If the activities referred to in par. (1) is not executed on the basis of the provisions of international treaties to which Romania is part, the President of Romania requests the consent of the Parliament. (3) The Government informs the Presidents of the two Houses of Parliament about the situation of foreign armed forces located on the territory of Romania, semi-annually or whenever needed. + Article 5 (1) The entry and stationing of foreign armed forces in Romania or the transit of the national territory by them, for the purpose of carrying out operations, other than those provided for in art. 4, shall be approved by: a) the Minister of National Defence, at the proposal of the Chief of General Staff, for the armed forces belonging to NATO and European Union member states, to the Member States of the Partnership for Peace or to the states with which domain, as well as the exclusive transit of military equipment, materials and techniques; b) The President of Romania, at the proposal of the Minister of National Defence, for situations other than those provided in a). (2) The Minister of National Defence shall inform the Country's Supreme Defence Council on a quarterly basis about the data approvals + Article 6 The transit of aircraft and vessels belonging to or providing services to foreign armed forces shall be carried out under the conditions laid down by technical arrangements and regulations specific to air and naval traffic. + Article 7 (1) The Ministry of National Defence shall collaborate with other public authorities on activities related to the entry, stationing, operation or transit of foreign armed forces. (2) The collaboration provided in par. (1) involves informing the public authorities about those actions and agreeing with them joint activities. + Article 8 (1) The concrete conditions in which the foreign armed forces enter, are stationed, preposition military products, equipment and materials, carry out operations or transit through the territory of Romania, including the reciprocity aspects provided by the presence law, are established by technical agreements concluded by the Ministry of National Defence with authorized representatives of the sending party. ---------- Alin. ((1) of art. 8 8 has been amended by section 5 5 of art. unique from LAW no. 189 189 of 2 July 2015 , published in MONITORUL OFFICIAL no. 492 492 of 6 July 2015. (2) The procedure for concluding the technical agreements provided in par. (1) is established by Government decision. (3) When establishing the conditions provided in par. (1), the Ministry of National Defence shall follow the obligations assumed by Romania through the treaties and, in so far as they do not have otherwise, the provisions of the Romanian law (4) If the operations carried out by the foreign armed forces are not executed on the basis of international treaties, the conditions provided in par. ((1) may not exceed the limitations established by this law and, if applicable, the provisions established by other relevant normative acts in the matter. + Chapter III Inter-ministerial Commission on Foreign Armed Forces + Article 9 For the implementation of the provisions of this Law and of the Treaties regarding the status of foreign armed forces on the territory of Romania, the Inter-Ministerial Commission is established for the connection with the foreign armed forces, hereinafter Commission. + Article 10 (1) The Commission shall consist of representatives of the Ministry of National Defence, Ministry of Foreign Affairs, Ministry of Economy and Ministry of Public Finance, Ministry of Internal Affairs and other public institutions, as appropriate. (. The Commission shall have a permanent technical secretariat at the Ministry of National Defence. (3) The Presidency of the Commission is provided by a State Secretary of the Ministry of National Defence. (4) The manner of organization and functioning of the Commission shall be determined by Government decision *). ---------- * *) See Government Decision no. 806/2009 on the organization and functioning of the Interministerial Commission for the connection with the foreign armed forces, published in the Official Gazette of Romania, Part I, no. 545 545 of 5 August 2009. + Article 11 The Commission has the following main tasks a) ensure the coordination of the activity of the Romanian public authorities in solving all practical aspects arising in relations with foreign armed forces located on the territory of Romania b) on request, provide advice for the conclusion of technical agreements; c) settle amicably, through the permanent technical secretariat, according to the law, claims for damages caused by members of the foreign armed force; d) proposes, if appropriate, the initiation of normative acts in the field. + Chapter IV Entry, stationing, operation or transit of foreign armed forces on the territory of Romania + Section 1 Conditions regarding entry or exit from Romania + Article 12 (1) The entry or exit from Romania of the members of the foreign army force is allowed under the conditions stipulated by the Romanian legislation regarding the regime of foreigners and the agreements in force between Romania and other states, regarding the regime citizens ' journeys Requests for entry visa in Romania for members of the foreign armed forces to carry out operations or transit through the territory of Romania will be solved as a priority and free of charge by diplomatic missions and offices consular of the Romanian state abroad, after the prior information of the Ministry of Foreign Affairs. During the course of operations, members of the foreign armed forces may be exempted from the application of the regulations regarding the registration of foreigners, on the basis of reciprocity. (2) Under conditions of reciprocity, the units and subunits of the foreign armed force, as well as its means of transport are subject to summary control at the border, under the law. The Ministry of National Defence will communicate, in due time, to the General Inspectorate of the Border Police of the Ministry of Internal Affairs, namely the General Directorate of Customs, the data about their arrival. (3) The members of the foreign armed force and their goods, including the means of transport, enter Romania through the points for crossing the border open to international traffic, established and communicated in advance by the competent Romanian authorities. (4) The crossing of the Romanian state border can be done through other places, under conditions established by technical agreements and agreements between Romania and neighboring states, as well as through airports that do not operate in international traffic regime, with the approval of the Ministry of Transport, the Ministry of Internal Affairs and the General Directorate of Customs, at the written request of the Ministry ((4 ^ 1) For operations and exercises whose scenarios include the crossing of the border under conditions other than those established in par. (3) and (4), the competent structures of the Ministry of National Defence, the Ministry of Internal Affairs, the General Directorate of Customs and, as the case may be, the Ministry of Transport customs and border control. To this end, the Ministry of National Defence shall require the foreign armed forces to transmit details of the identification documents, arms and ammunition held, as well as other goods subject to customs control. ---------- Alin. (4 ^ 1) of art. 12 12 has been introduced by section 6 6 of art. unique from LAW no. 189 189 of 2 July 2015 , published in MONITORUL OFFICIAL no. 492 492 of 6 July 2015. (5) In conditions of reciprocity, at the entry and exit into/from Romania of the foreign armed forces, the customs formalities are fulfilled in the simplified procedure, established by order of the head of the General Directorate of Customs. (6) At the crossing of the state border of Romania, military attire is mandatory for units and subunits of force. (7) During the activities in Romania, the members of the force may also wear civil attire, under the same conditions as the Romanian military. + Article 13 (1) The members of the force enter Romania on the basis of a state border crossing document accepted by the Romanian state and the individual or collective travel order certifying their status. (2) The civil component, depending on the citizenship of each individual person, enters Romania on the basis of a document crossing the state border, accepted by the Romanian state. (3) Members of the foreign armed force shall legitimize themselves on the territory of Romania with the documents on the basis of which they were entitled to cross the state border. (4) In the case of stationing for periods of more than 60 days, members of the foreign armed force shall be issued, by the Ministry of National Defence, special identity cards. The format and conditions for their release are determined by Government decision. + Article 14 ((. Equipment, materials, means of transport and other movable property necessary for the use of foreign armed forces may be exempt from the payment of import duties on the basis of reciprocity. (2) For goods introduced in the customs procedure of temporary importation and which are no longer exported from Romania, the representative of the foreign armed force shall submit to the customs authority the documents for placing them under the free-release regime circulation. (3) Any other goods, other than those intended for the exclusive use of the foreign armed force, shall be subject to the customs procedure applicable to natural persons, both to the introduction and to their removal from Romania. + Section 2 Motor vehicles, ships and aircraft + Article 15 (1) Military vehicles of the sending party may cross the state border and travel on public roads if they meet the conditions for admission into international circulation, in accordance with the provisions of international treaties to which Romania is a party. (2) Vehicles that do not meet the conditions provided in par. (1) may circulate on public roads with the opinion of the relevant structures of the Ministry of Transport and the Ministry of Internal Affairs, at the written request of the Ministry of National Defence, issued within 15 days from the date request. (3) If the total mass on the axis and/or dimensions exceed the limits established by the Romanian legislation, the movement shall be made on the basis of special transport authorization, issued by the administrator of the road, without paying the related tariffs, established by him. (4) The issuance of the authorization provided in par. (3) is carried out only on the basis of the information by the Ministry of National Defence of the road manager regarding the transport. (5) The vehicles referred to in this Article shall be provided, in addition to the registration numbers, with a distinctive sign of state membership. + Article 16 If taxes are established for the use of public roads, the foreign armed force can request, through the Ministry of National Defence, the exemption from their payment, on the principle of reciprocity. + Article 17 (1) Ships belonging to the foreign armed force on mission, which use the Romanian ports, can benefit, according to the technical agreements, from the facilities granted to Romanian military ships. ((. Payment for the services and materials provided to a ship shall be made under the conditions laid down by technical arrangements. + Article 18 Aircraft belonging to the foreign armed force may be exempt from the payment of tariffs, duties and royalties set for the use of airport facilities, under the law. + Article 19 The aircraft of the foreign armed force may use civil airports in a situation of damage, with the permission of the competent military and civil authorities. + Article 20 (1) For the movement of motor vehicles, ships and aircraft, the conclusion of civil liability insurance for damage caused to third parties by accidents is optional. (2) In case of damage, the request for claims will be made, in the absence of insurance provided in par. (1), in accordance with the provisions of Section 10 of this Chapter. + Article 21 The documents issued by the competent authorities of the sending party that allow the holders to drive vehicles, ships or aircraft or to use military equipment, are recognized as valid on the territory of Romania. + Section 3 Displacement + Article 22 (1) The specialized structures within the Ministry of National Defence are empowered to plan, coordinate, control and monitor the movements of troops, military equipment and materials belonging to the foreign armed forces, on the railway, road, air and naval communication, under the conditions provided by law. (2) The Ministry of National Defence shall communicate to the competent authorities, institutions and economic operators concerned the requests of the foreign armed force regarding the movement and operation of military vehicles, vessels, provide necessary arrangements. ((3) The details of the movement of the foreign army force on the territory of Romania, including the routes to be followed, as well as the services and/or equipment requested and made available will be established by technical agreements concluded before the execution Travel. (4) The documents and deadlines in which the sending party or military authorities of the foreign armed force may request authorization and support for the conduct of the movement shall be established by order of the Minister of National Defence. (5) The Ministry of National Defence shall ensure the execution of the security and/or accompanying the transport of military products on the territory of Romania. + Section 4 Weapons, equipment and fighting technique + Article 23 The members of the force may hold and bear the arms and ammunition necessary to carry out the missions, if authorized by the order received, according to the provisions established by the specific regulations of the sending state, in compliance with and of the technical agreements concluded. + Article 24 (1) The conditions and deadlines in which the sending party must send, before arrival on the territory of Romania, the lists of weapons and the fighting technique shall be established by order of the Minister of National Defence. (2) Export operations, release for free circulation, temporary admission, transit and transhipments of military products entering the composition of foreign armed forces of non-NATO member states shall be executed on the basis of the approval of the authorities public ability according to the law, with a permit for non-commercial, transit and transhipment operations, issued by the competent authorities. (3) The operations of removal or introduction, permanently or temporarily, the transit and transhipments of military products entering the composition of the foreign armed forces of the NATO member states shall be exempted from the provisions of the Romanian legislation concerning the control regime of exports, imports and other operations with military products. + Section 5-a Communications + Article 25 ((1) The requests in the field of communications of the foreign armed forces acting on the territory of Romania shall be settled on the basis of the legislation in force, applicable to the (2) The foreign armed force may use on the territory of Romania, under the law, its own means and facilities of communications, as well as the radio spectrum, based on the approvals of the Romanian competent authority, requested by the Ministry National Defense. (3) The foreign armed force may request, through the Ministry of National Defence, access to public mail and telecommunications services, at the same rates applied to the Ministry of National Defence. (4) The allocation of frequency bands as well as the actual assignment of the necessary frequencies shall be made from the radio spectrum with governmental status allocated for national defence as set out in the National Table for the award of the bands of common in force. The allocation of frequent bands, as well as the actual assignment of some frequencies, outside the mentioned radio spectrum are made through the competent bodies of the Ministry of National Defence, in accordance with the Romanian legislation on the licensing procedure for the use of frequencies and their pricing. + Section 6 Health and public health care + Article 26 Upon entering the territory of Romania, the Romanian authorities, after a prior notification, request the sending party a medical document, issued by the medical authorities of the sending party, confirming that the members of the foreign armed force do not suffer from communicable diseases and do not come from areas with evolving epidemic outbreaks. + Article 27 (1) The Ministry of National Defence, through its own health network, has the obligation to supervise and control the communicable diseases detected by its own units. (2) The structures in the own health network of the Ministry of National Defence will communicate to the county public health departments, respectively of the city of Bucharest, all events related to communicable diseases that may constitute a risk to public health. (3) The county public health departments, respectively of the city of Bucharest, collaborate with the specialized structures of the Ministry of National Defence for the surveillance, control and stop of any epidemiological events on territory of responsibility. + Article 28 (1) Medical services shall be granted to members of the foreign armed force, according to the law, for a fee or with subsequent reimbursement, during that financial year, according to the technical agreements between the parties (2) For the provision of services provided in par. (1), the military authorities of the foreign armed force may conclude contracts directly with the healthcare providers. (3) In the case of the emergency medical assistance request, members of the foreign armed force may receive, on the basis of reciprocity, the necessary assistance in local military or civilian medical facilities. (4) Emergency medical services in military medical facilities shall be carried out free of charge. The payment of the medical services provided after the emergency is resolved shall be borne by the sending party during the respective budget year. + Article 29 (1) The military authorities of the sending party have the right and the obligation to dispose of the body of a member of its armed forces who died in Romania, as well as his personal property. (2) Under conditions of reciprocity, no autopsies will be carried out on members of the deceased foreign armed forces in Romania without the written consent of the military authorities of the sending party. + Section 7 Environmental protection + Article 30 (1) During the activities carried out on the territory of Romania, the members of the foreign armed force are obliged to respect and apply the provisions of the Romanian legislation on environmental protection. (2) If the foreign armed force is to carry out activities for which environmental opinion is required, it is obtained through the Ministry of National Defence. + Article 31 Members of the foreign armed force are obliged to take all measures to avoid ecological accidents. + Section 8 Facilities offered by the Ministry of National Defence + Article 32 (1) Within the framework of specific activities, the Ministry of National Defence may make available to the foreign armed forces, free of charge or against cost, as the case may be, polygons, land, buildings, technique, weapons, equipment and materials, and other goods infrastructure elements of its own heritage. ---------- Alin. ((1) of art. 32 32 has been amended by section 7 7 of art. unique from LAW no. 189 189 of 2 July 2015 , published in MONITORUL OFFICIAL no. 492 492 of 6 July 2015. (1 ^ 1) By derogation from the provisions of art. 54 54 of Law no. 346/2006 on the organization and functioning of the Ministry of National Defence, with subsequent amendments and completions, the following goods and services can be made available free of charge to the foreign armed forces, during their participation in operations, with the support of expenditure from the approved budget of the Ministry of National Defence, under similar conditions applicable to its staff a) workspaces; b) spaces and services for preparing and serving meals; c) accommodation in military facilities; d) storage facilities, including for the pre-positioning of military equipment and materials in support of operations; e) facilities for reception, temporary stationing and integration of forces; f) emergency medical evacuation services; g) Genistic services for logistics; h) training facilities and shooting ranges; i) recreation and restoration facilities, cultural settlements; j) other goods and services approved by the Supreme Defence Council of the Country as intended for collective defence effort. ---------- Alin. ((1 ^ 1) of art. 32 32 has been introduced by section 8 8 of art. unique from LAW no. 189 189 of 2 July 2015 , published in MONITORUL OFFICIAL no. 492 492 of 6 July 2015. ((1 ^ 2) At the request of the Ministry of National Defence, the other public authorities provide support in order to ensure the goods and services provided in (1 ^ 1), with the support of expenses from their approved budget, when these goods and services are intended for collective defense effort. ---------- Alin. ((1 ^ 2) of art. 32 32 has been introduced by section 8 8 of art. unique from LAW no. 189 189 of 2 July 2015 , published in MONITORUL OFFICIAL no. 492 492 of 6 July 2015. ((1 ^ 3) Details regarding the insurance of goods and services provided in par. (1 ^ 1) and (1 ^ 2) shall be established by technical agreements, with the opinion of the participating public authorities referred to in par. ((1 ^ 2). ---------- Alin. ((1 ^ 3) of art. 32 32 has been introduced by section 8 8 of art. unique from LAW no. 189 189 of 2 July 2015 , published in MONITORUL OFFICIAL no. 492 492 of 6 July 2015. (2) For the goods and services provided in par. (1) made available for a fee by the Ministry of National Defence, except when the treaties are otherwise provided, the payment shall be made in cash and/or by transfer. (3) In order to ensure the performance of activities, the foreign armed force, on the basis of reciprocity, can purchase goods and services under the same conditions as they are purchased by the Ministry of National Defence (4) The selection of tenderers shall be competent for the military authorities of the sending party. (5) Foreign armed forces may preposition military products, equipment and materials, under the conditions of: a) the existence of a prior notification of the Romanian authorities established according to the law, regarding the types, quantities and graphs of delivery of military equipment and goods to be prepositioned in Romania, as well as contractors who will run these deliveries; b) ensuring regular information on the existence and condition of military products, equipment and pre-positioned materials; c) information on safety, security and environmental protection conditions, related to the pre-positioning of military products, equipment and materials; d) to ensure the access of Romanian authorities to military products, equipment and pre-positioned materials, in situations of force majeure. ---------- Alin. ((5) of art. 32 32 has been introduced by section 9 9 of art. unique from LAW no. 189 189 of 2 July 2015 , published in MONITORUL OFFICIAL no. 492 492 of 6 July 2015. ((6) The expenses for fulfilling the commitments made, in order to ensure the safety and security conditions related to the prepositioning of military products, equipment and materials, shall be borne from the budget of the Ministry of ---------- Alin. ((6) of art. 32 32 has been introduced by section 9 9 of art. unique from LAW no. 189 189 of 2 July 2015 , published in MONITORUL OFFICIAL no. 492 492 of 6 July 2015. + Section 9 Labour force + Article 33 The foreign armed force can engage in its personal service among the local civilian population, under the conditions provided by the Romanian legislation on employment, pay and social security. + Section 10 Damages/Claims + Article 34 (1) The Romanian State may waive, under conditions of reciprocity, any claims against the sending party for damage caused to any property belonging to it and which is under the administration of the Ministry of National Defence, if the damage has been produced: a) by a member of the foreign armed force during the performance of his duties; b) following the use of a vehicle, a ship or aircraft which belongs to the sending party and is used by its foreign military force, provided that the vehicle, ship or aircraft which has caused the damage is used in the performance of the the duties of the service or that the damage has been caused to a property used for the same purpose. (2) The Romanian State may waive, under conditions of reciprocity, the claims arising from maritime rescue operations, whether the ship or cargo belongs to the sending party and has been used by the foreign armed force for the fulfilment of Service duties. + Article 35 Under conditions of reciprocity, the Romanian state gives up any claims to the sending party for the injury or death of a member of the Romanian armed forces, if he acted in the performance of his duties. + Article 36 (1) Individuals and legal entities may claim compensation following damages caused to them by members of the foreign armed force. (2) The Petent presents its claims to the Commission's permanent technical secretariat, which proposes to the Minister of National Defence to set up a group for damages, in which specialists from the interested fields enter. + Article 37 ((1) Within 60 days of the filing of the claim, the damages group shall consider the application, taking into account all the causes that led to the damage, and shall draw up an act of finding in which it determines the level of compensation. Representatives of the foreign armed force can also be invited to the work of the group for damages. On the basis of the finding, the Minister of National Defence makes the decision on the payment of compensation (2) In the case of damage caused to a person as a result of the involvement of a member of the sending party in a traffic accident, the limit of compensation may not be less than that established by Romanian legislation. ((3) Unless the Treaties provide for another procedure, the compensation shall be paid to the applicant by the Ministry of National Defence, which shall be addressed to the military authorities of the sending party for the recovery of the costs incurred. (4) With the amounts recovered during the same budget year, the house payments are reconstituted, and the amounts recovered in the years following the one in which the payments were made shall be transferred as income to the state budget. (5) If it does not agree with the level of compensation established by the decision of the Minister of National Defence, the petitioner may appeal to the courts. The amount of compensation established by the court is mandatory and will be paid under the conditions provided in par. ((3). + Article 38 Under conditions of reciprocity, members of the foreign armed force will not be subject to any measures of forced execution of the judicial decisions rendered against them in Romania, in a problem arising from the performance of official duties. + Section 11 Jurisdiction + Article 39 (1) While on the territory of Romania, members of the foreign armed force are obliged to comply with the Romanian legislation, as well as the generally recognized principles of international law. ((2) The members of the foreign armed force may not organize or finance on the territory of Romania political parties or groups similar to them and cannot organize or participate in demonstrations or meetings that affect the public order or national security of Romania. + Article 40 If, according to the treaties ratified by the Romanian Parliament, the determination of criminal jurisdiction depends on the establishment of the fact that the presumptive offence is the result of an action or omission during the exercise of official duties, the certificate issued by the military authorities of the sending party will be considered as sufficient evidence of the act. + Article 41 (1) The members of the foreign armed force shall be subject to the same norms as the Romanian citizens, both for the criminal and civil action, with the exceptions provided for by this law. (2) The competence of prosecution and trial belongs to the Romanian military courts and prosecutors ' offices, according to the law, if by the international treaties or conventions to which Romania is a party it is not provided otherwise. + Article 42 For acts that constitute contraventions and that do not attract the jurisdiction of jurisdiction of the military authorities of the sending state the members of the foreign armed force respond under the same conditions as Romanian citizens. + Article 43 (1) In situations where the treaties to which Romania is a party provide for the possibility of waiver of jurisdiction, the waiver of the exercise of jurisdiction in a particular case, following the request made in this regard by the competent military authorities of the sending state, is made by the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, by reasoned order. (2) The waiver of jurisdiction cannot intervene for crimes committed against Romanian citizens or those who have their habitual residence on the territory of Romania, who have had as a result the death of the victim, or for other crimes committed against the person, of particular gravity. + Article 44 (1) In the case of crimes committed by members of the foreign armed force, the prosecution shall be carried out by the prosecutor. (2) The documents to be used for the settlement of cases by the judicial authorities of the sending state will be transmitted to the Prosecutor's Office of the High Court of Cassation and Justice, in order to be communicated to the criminal investigation bodies of the sending State. + Article 45 (. A member of the foreign armed force may be detained, in accordance with the common law procedure, no later than 24 hours, with the immediate notification of the military authority of the sending party. (2) If the military authority of the sending State does not request, duly motivated, within 24 hours of the notification, the taking into custody of that person, the court may order, to the member of the armed force of the sending State, the taking preventive arrest measure. The provisions of the Code of Criminal Procedure regarding the taking, extension, revocation and termination of the preventive arrest measure shall apply accordingly. (3) If the military authority of the sending state has received the notification provided in par. (1), and against the member of the armed force of that state, the measure of preventive arrest has not been taken, it has the obligation to ensure the maintenance in custody of that person and its presentation to the Romanian judicial authorities, until the final settlement of the case. + Article 46 (1) Whenever there is reasonable suspicion of the commission of a crime by a member of the foreign armed forces, the military authorities of the sending State or, as the case may be, the Romanian prosecution and criminal investigation bodies notified by any way notify the Romanian military authorities. (2) Romanian military authorities, notified according to par. (1), or who have become aware in any way about the commission of the offence shall notify, within 24 hours, the Ministry of Justice, which in turn shall immediately notify the Prosecutor's Office of the High Court of Cassation and Justice, with a view to taking legal measures. (3) The notification procedures shall be established by joint order of the Minister of National Defence, the Minister of Internal Affairs and the Minister of Justice. ---------- Article 46 has been amended by section 6.6. 10 10 of art. unique from LAW no. 189 189 of 2 July 2015 , published in MONITORUL OFFICIAL no. 492 492 of 6 July 2015. + Article 47 If a crime is committed by several members of the foreign armed force together with Romanian citizens, the prosecutor will also be able to dispose of the case, so that the prosecution and the judgment are made separately, by the authorities the sending state and the Romanian judicial authorities respectively. + Article 48 The military authorities of the sending party and the Romanian judicial authorities shall assist each other in carrying out investigations, gathering evidence, including in seizing and, where appropriate, handing over objects related to offense. + Article 49 After the final stay of a sentence ordering a custodial sentence, the competent authorities of the sending State, the convict or his family may request the transfer of the execution of the sentence in the country of origin, with compliance with the conditions provided by Romanian law + Article 50 Prosecution bodies or courts may request information or opinions to the Commission, aimed at clarifying the factual circumstances in which the facts were committed by members of the foreign armed forces or other matters likely to contribute to the The case + Section 12 Security + Article 51 (1) The Romanian competent authorities shall exercise due diligence to ensure that the security of the foreign armed force is not threatened by any person or group of persons attempting to enter the area of dislocation or disturbing the order. and public silence in close proximity to it. (2) In order to ensure the security of foreign armed force, the Ministry of National Defence, in collaboration with the competent authorities, may take measures to delimit and protect, with specific means, the areas of arrangement. + Article 52 The Ministry of National Defence provides the competent authorities with data relating to the foreign armed force, so that they can take the necessary protective measures, both during the movement and in the area of dislocation of the armed force foreign. + Article 53 (1) The foreign armed force, based on the regulations and technical agreements concluded, can take, within its own perimeters, measures for the security of goods and the maintenance of order and safety. ((2) Outside the perimeters, the security and security insurance shall be carried out only together with the specialized bodies of the defense system, public order and national security. ((3) The requests of the sending party regarding the security of movement, the protection of personnel, military technique, equipment, property, as well as documents and information are subject to technical agreements with the competent Romanian authorities. + Chapter V Final provisions + Article 54 (1) The Ministry of National Defence provides in its own budget the funds necessary for the implementation of the provisions of this Law (2) In order to carry out their duties under this law, the Ministry of National Defence and the other public authorities may conclude cooperation protocols. + Article 54 ^ 1 The Minister of National Defence is empowered to issue orders and instructions for the implementation of the provisions of this Law. ---------- Art. 54 ^ 1 was introduced by item 1. 11 11 of art. unique from LAW no. 189 189 of 2 July 2015 , published in MONITORUL OFFICIAL no. 492 492 of 6 July 2015. + Article 55 On the date of entry into force of this Law, the art. 5 of the Romanian National Defence Law no. 45/1994 , published in the Official Gazette of Romania, Part I, no. 172 of 7 July 1994, as amended, and Law no. 61/2000 for the application of the Agreement between the States Parties to the North Atlantic Treaty and the other States participating in the Partnership for Peace on the status of their forces, concluded in Brussels on 19 June 1995, published in the Official Gazette of Romania, Part I, no. 185 185 of 28 April 2000. --------