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Law No. 213 Of 9 November 2016 International Development Cooperation And Humanitarian Assistance

Original Language Title: LEGE nr. 213 din 9 noiembrie 2016 privind cooperarea internaţională pentru dezvoltare şi asistenţă umanitară

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LEGE no. 213 213 of 9 November 2016 on international development cooperation and humanitarian assistance
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 910 910 of 11 November 2016



Given that Romania, as a member state of the European Union and as a member of the United Nations, recognizes the principle of solidarity among nations and accepts the assumption of responsibility to find solutions for global problems and support other states on the road of their social and economic development, Having regard to the principles of the European Union, the United Nations, the Organisation for Economic Cooperation and Development, namely democracy, the rule of law, universality, indivisibility and human rights and freedoms fundamental, respect for human dignity, the principles of equality and solidarity, Whereas the development cooperation and humanitarian assistance policy must be developed and coordinated with similar initiatives and activities on the part of the economic environment and civil society, on the basis of the principles of humanitarian assistance, in compliance with international humanitarian law, human rights and refugee rights, The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 Scope of application This normative act regulates the international cooperation actions for development and humanitarian assistance financed from the Romanian state budget, the programmatic and institutional framework, the financing and implementation framework in the field of policy international cooperation for development and humanitarian assistance. + Article 2 Principles of International Development Cooperation and Humanitarian Assistance (1) Romania respects the international principles underpinning the international cooperation policy for development and humanitarian assistance, including the development cooperation policy of the European Union, according to the Paris Declaration on the effectiveness of development cooperation, the Accra Agenda for Action and the assumption of the Global Partnership on the effectiveness of the Busan development cooperation, as well as the obligations under international organisations in which Romania is a member. (2) The principles underlying international international cooperation policies for development and humanitarian assistance are: a) the principle of international solidarity, which expresses through cooperation between states in order to solve global challenges as effectively as possible; b) the principle of policy coherence for development, which consists in ensuring the harmonization of the objectives of the international cooperation policy for development and humanitarian assistance with the other national policies; c) the principle of predictability, which signifies the advance programming of the time and public funds allocated in order to achieve the objectives of international cooperation for development and humanitarian assistance of Romania; d) the principle of transparency, which refers to ensuring access to information on international cooperation programmes and projects for development and humanitarian assistance; e) the principle of humanity, which refers to the saving of human lives and the removal of suffering wherever it is found; f) the principle of impartiality, which signifies the implementation of actions exclusively on the basis of needs, without discrimination between or within the affected populations; g) the principle of neutrality, which is used in the sense that humanitarian action must not favour a party in an armed conflict or dispute, where such action is carried out; h) the principle of independence, which means the autonomy of humanitarian objectives in relation to political, economic, military or other objectives. + Article 3 Strategic objectives International cooperation on development and humanitarian assistance shall include all actions taken, in accordance with the principle of international solidarity, for: a) long-term support for sustainable economic and social development, action taken to reduce poverty and improve the standard of living of the population in other states, raising educational attainment and qualification professional population and social inclusion; b) promotion and support of peace and security, development of democracy and civil society, including the development of the rule of law, principles of good governance and respect for human rights; c) providing humanitarian assistance, consisting in particular of the provision of financial funds and/or assets to States in the event of disasters and armed conflicts, with the aim of mitigating the consequences for the victims, including the support provided for reducing the risk of natural disasters and in the transition from a humanitarian crisis to early rehabilitation or reconstruction processes; d) realization of communication activities, education for development and awareness undertaken to increase the understanding at the level of Romania, but also in other states, of international development problems, of the interdependence between countries, as well as the activities carried out in order to address them. + Article 4 Definitions Within the meaning of the present law, the expressions and terms below have the following meanings: a) international cooperation for development and humanitarian assistance-the totality of the measures undertaken and financed by Romania for international development; b) financing agreements-legal instruments, regardless of name or form, on the basis of which transfers of funds specially allocated for international cooperation for development and humanitarian assistance are carried out, under the conditions laid down by law; c) beneficiaries-other states or bodies designated by them, international organizations and their agencies, private law bodies, from Romania or other states, designated according to the criteria established by the Ministry of Foreign Affairs, called further the M.A.E., in order to benefit from public funds earmarked for the fulfilment of certain international cooperation objectives for development and humanitarian assistance; d) the international cooperation programmes for development and humanitarian assistance-the set of interconnected development cooperation activities and projects aiming at strengthening a specific sector of interest in a third country; e) international cooperation projects for development and humanitarian assistance-the set of interconnected specific activities aimed at achieving a point of development; f) the multiannual strategic programme of international cooperation for development and humanitarian assistance, hereinafter referred to as the Programme-the strategic document establishing and planning the general and specific objectives of international cooperation for Romania's development and humanitarian assistance in the medium and long term; g) the annual international cooperation plan for development and humanitarian assistance, hereinafter referred to as the Plan-the planning document of Romania's activities within the framework of the international cooperation policy for development and assistance humanitarian year for the financial year; h) education for development-the transfer of necessary knowledge and skills to respect the right of access of each person, throughout their lives, to the opportunities of understanding and assuming global concerns in the field of the development and local and personal relevance of these concerns and to assume their rights and responsibilities as a resident of an interdependent and changing world; i) development awareness-activities aimed at promoting better understanding and social accountability on the underlying causes of poverty and social structures that promote them; j) communication in the field of development-a continuous social process, based on dialogue through an extensive set of tools and methods aimed at engaging stakeholders, establishing environments and channels to promote the exchange of information, risk and opportunities assessment, confidence building, social mobilisation; k) humanitarian assistance-the set of activities undertaken in order to provide aid and support to people in need, to defend human dignity, to help reduce people's suffering, including to participate in saving lives human with specialized teams, in the event of large-scale natural disasters, hunger and malnutrition or other emergency situations or as a result of conflicts, as well as to assist and support prevention, rehabilitation and reconstruction programs; l) direct budget support-transfer of financial resources to public law entities from other countries to achieve international cooperation objectives for development and humanitarian assistance; m) audit-the functional independent and objective activity of analyzing the revenues and expenses realized within a project, verifying their compliance with the activities and budget set out in the project; n) evaluation-objective verification of the results and impact of the project with a view to possible remedial action and the formulation of recommendations or instructions for similar interventions in the future; o) monitoring-a continuous function which uses the systematic collection of data on certain specific indicators, with a view to making available to the project and stakeholders from the level of an ongoing intervention of indicators showing the evolution and the level of performance of the activities and the evolution in the use of the allocated funds p) grant-non-refundable financing that does not involve the provision of services or products for the benefit or direct benefit of M.A.E. in order to use it for a determined public purpose; q) direct implementation-direct administration by M.A.E., through its internal and/or subordinate structures, including through diplomatic missions, according to the legislation in force, of international cooperation activities for development and humanitarian assistance; r) indirect implementation-administration of cooperation activities for development and humanitarian assistance through some beneficiaries, in accordance with the provisions of this law. + Chapter II Institutional framework + Article 5 The coordinating role of M.A.E. (1) M.A.E., as coordinator of the international cooperation policy for development and humanitarian assistance of Romania, performs the following tasks: a) aims to achieve by Romania, globally, the commitments made on the achievement of international development goals, on the effectiveness of development assistance and policy coherence for development, as well as other commitments under the international cooperation policy for development and humanitarian assistance undertaken as a Member State of the European Union and of the United Nations; b) report annually to the Government the activities carried out under the international cooperation policy for development and humanitarian assistance, financed by public funds; c) pursues, together with other central and local public administration authorities participating, in their area of competence, to the development cooperation, fulfilling the commitments made by Romania regarding the financing of international cooperation for development and humanitarian assistance, within the budgetary provisions approved with this destination; d) conclude, in its own name or on behalf of the Romanian Government, the financing agreements provided in art. 14. (2) The International Development Cooperation Agency, a public institution with legal personality subordinated to the M.A.E., shall be established to carry out its duties in the field of international cooperation for development and humanitarian assistance. The organization and functioning of the International Development Cooperation Agency shall be established by Government Decision. + Article 6 Cooperation with central and local public administration authorities Central and local public administration authorities, within the limits of their competences, shall undertake the development cooperation and humanitarian assistance measures in accordance with the Programme and the Plan, from their own budget. Central and local public administration authorities participating from their own budget, in their area of competence, in international development cooperation and humanitarian assistance shall inform annually or upon request of the M.A.E. in relation to progress activities. + Article 7 Advisory Committee on International Development Cooperation and Humanitarian Assistance (1) In order to ensure the unity of strategic planning and consensual establishment of geographical and thematic priorities in the development cooperation policy and humanitarian assistance of Romania, the Government shall establish, by decision of the Government, compliance with provisions Law no. 90/2001 on the organization and functioning of the Government of Romania and of the Ministries, as amended and supplemented, the Advisory Committee on International Cooperation for Development and Humanitarian Assistance, hereinafter referred to as the Committee advisory, which will work in the coordination of M.A.E. (2) During the meetings of the Advisory Committee may participate as guests and representatives of civil society, academia and business environment, in accordance with the legal provisions. + Chapter III Programmatic Framework + Article 8 Schedule (1) In accordance with the principles and objectives, the Programme shall include the thematic and geographical priorities of international cooperation for development and humanitarian assistance and the modalities of implementation. ((. The programme shall be drawn up by the M.A.E., in consultation with the Advisory Committee, for a period of 4 years. The program is approved by Government decision. + Article 9 Plan (1) The plan shall include the annual objectives of international cooperation for development and humanitarian assistance and the modalities of implementation. (2) The plan shall be drawn up by the M.A.E., after consulting the Advisory Committee. + Chapter IV Funding and implementation framework + Article 10 Funds allocated from the state budget (1) Romania shall ensure the financing of international cooperation for development and humanitarian assistance from the state budget, according to the principles of predictability and transparency. (. The programme shall include a multiannual estimate of the funds allocated from the State budget and their destination. + Article 11 Using funds M.A.E., through its internal and/or subordinate structures, administers the funds allocated for international cooperation activities for development and humanitarian assistance through direct and implementation modalities of implementation, respectively indirect, in compliance with the legal provisions in force. + Article 12 Use of funds through direct implementation (1) The use of funds through direct implementation is carried out by M.A.E., through its internal and/or subordinate structures, including through diplomatic missions, according to the legislation in force. (2) The use of funds through direct implementation is achieved by: a) public procurement of goods, works and services necessary to carry out cooperation activities for development and humanitarian assistance, under the conditions provided by the legislation on public procurement; b) donations; c) transfer of expertise to beneficiaries; d) grant of scholarships and research. (3) The conditions specific to the use of funds through direct implementation are regulated by the methodological norms, adopted according to 21. + Article 13 Use of funds through indirect implementation (1) The use of funds through indirect implementation is carried out by M.A.E., through transfer of funds to beneficiaries, under a financing agreement, according to art. 14, or based on an order of the Minister of Foreign Affairs. (2) The use of funds through indirect implementation is carried out in the form of grants, according to art. 16, direct budget support, according to art. 17, and voluntary contributions, according to art. 18. In all cases, liability for the use of funds in accordance with the destination in the financing agreement or, as the case may be, of the order of the Minister of Foreign ((3) By way of derogation from provisions art. 52 52 para. ((8) of Law no. 500/2002 on public finances, with subsequent amendments and completions, to finance specific international cooperation activities for development and humanitarian assistance, M.A.E. may make advance payments from public funds to beneficiaries up to 100% of the funding amount. The amounts representing advance payments made by M.A.E. for the development cooperation activity are justified according to the provisions of the financing agreements or, as the case may be, by order of the minister. (4) The use of funds through indirect implementation is regulated by the methodological norms, adopted according to art. 21. + Article 14 Financing agreements ((1) The M.A.E. may finance, through the beneficiaries, on the basis of financing agreements concluded with them, the activities of international cooperation for development and humanitarian assistance regulated by this law. (2) The financing agreements contain, inter alia: the objective of financing, the method of transfer of funds, the reporting of funded activities, the rights and obligations of the parties, including the return of possible amounts that were not used according to the financing agreement, the way to settle disputes. ((3) Those financing agreements constituting international treaties in the sense Law no. 590/2003 on the treaties are concluded and enter into force in accordance with the procedure provided for by this Law, by way of derogation from the provisions Law no. 590/2003 . + Article 15 Procedure for concluding financing agreements (1) The provisions that the financing agreements must contain and their closing procedure are regulated by the methodological norms adopted according to art. 21, depending on the form of financing established according to art. 13 13 para. ((2) and category of beneficiary. (. The financing agreements shall enter into force on the date of signature or on the date thereof. ((3) Negotiation and signing of financing agreements provided for in art. 14 14 para. ((3) are approved by order of the Minister of Foreign Affairs or an authorized person thereof and shall enter into force on the date of signature or another date provided by them. Provisions art. 3 3-30 of Law no. 590/2003 shall not apply to such financing arrangements. + Article 16 Grants (1) Public funds may be allocated in the form of a grant, either under a financing agreement or an order of the Minister, depending on the form of the grant established according to par. ((2) and the category of beneficiary. ((. Grants shall be direct financial contributions in the form of: a) programmes and projects; b) contributions to the general budget of public or private law bodies pursuing a goal of Romania that is part of the objectives of the international cooperation policy for development and humanitarian assistance for its operation. ((3) Grants shall be granted by competitive selection procedures for beneficiaries or by direct award, pursuant to a thorough justification. (4) The principles and procedures applicable to grants are regulated by the methodological norms adopted according to art. 21. + Article 17 Direct budget support ((1) The M.A.E. may grant budget support through a financing agreement to another beneficiary country, if the management of public funds by that country is transparent and effective. (2) M.A.E. establishes the rules for granting budget support through the methodological norms adopted according to art. 21. + Article 18 Voluntary contributions (. Voluntary contributions shall be granted to an international organisation, its budget or the budget of entities managed by it. (2) Voluntary contributions shall be granted either unilaterally, pursuant to an order of the Minister of Foreign Affairs or by a financing agreement. Voluntary contributions may be unaffected or affected to a particular specific destination or action. + Chapter V Humanitarian assistance + Article 19 Specific principles Humanitarian assistance is carried out in compliance with the principles of humanity, impartiality, neutrality and independence, being provided without regard to citizenship, religion, gender, ethnicity or political affiliation. + Article 20 Specific provisions on granting humanitarian assistance (1) Humanitarian assistance has as its objective the provision of materials, human and financial resources, the realization of disaster response operations, necessary in the affected areas, increasing the disaster prevention and response capacity of the authorities and organisations acting in the field of humanitarian assistance. (2) In cases of provision of assistance consisting of goods and materials of first necessity and assistance with disaster intervention teams, M.A.E. collaborates with the Ministry of Internal Affairs, through the Department for Emergency Situations and structures with tasks in the field, coordinated by it, in accordance with the specific legislation and procedures at European and national level. ((3) M.A.E. is responsible for the collection of information and reporting to specialized international organizations of actions taken by Romania in the framework of humanitarian assistance. (4) The principles and procedures applicable to humanitarian assistance are governed by the methodological norms, adopted according to art. 21. + Chapter VI Transitional and final provisions + Article 21 Methodological rules (1) The methodological norms regarding the realization of international cooperation activities for development and humanitarian assistance are approved by Government decision and aim to establish specific procedures for financing and implementation development cooperation and humanitarian assistance from the budget M.A.E. (2) The methodological norms regulate the direct and indirect implementation as ways of execution of the budget M.A.E., under the law, the modalities of selection of beneficiaries, the modalities of monitoring, evaluation and audit of activities carried out under the present law, as well as the limits of the activity, duties and responsibilities of the organizational structures within the M.A.E. on the actions of international cooperation for development and humanitarian assistance. (3) The technical rules on the participation of structures in the coordination of the Department for Emergency Situations of the Ministry of Internal Affairs for the granting of humanitarian assistance are established by Government decision. The operative interventions carried out on the occasion of the granting of humanitarian assistance by removing quantities of products from the state reserve as emergency external humanitarian aid, and, in case of disasters, also taken out of the mobilization reserves, shall be approve the provisions Law no. 82/1992 on state reserves, republished, with subsequent amendments and completions, and of Law no. 477/2003 on the preparation of the national economy and territory for defence, republished. + Article 22 (1) The present law shall enter into force 3 days from the date of publication in the Official Gazette of Romania, Part I. (2) Within 30 days from the date of entry into force of this Law, the Government shall adopt the methodological norms for its application, as well as the decision on organization and functioning of the International Development Cooperation Agency. + Article 23 The date of entry into force of this Law shall be repealed: a) Law no. 404/2006 on the financing of development assistance under the national development cooperation policy, published in the Official Gazette of Romania, Part I, no. 947 947 of 23 November 2006; b) Government Decision no. 703/2006 for the approval of the National Strategy on International Development Cooperation Policy and the Action Plan for the Application of the National Strategy on International Development Cooperation Policy, published in the Monitor Official of Romania, Part I, no. 506 506 of 12 June 2006; c) Government Decision no. 1.052/2011 on the regulation of specific actions related to the financing of assistance under the national development cooperation policy, published in the Official Gazette of Romania, Part I, no. 787 of 7 November 2011, as amended. + Article 24 Programs, projects and other international cooperation activities for development or humanitarian assistance ongoing on the date of entry into force of this law will continue to be subject to the legislation in force at the start date Running them. 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
FLORIN IORDACHE
SENATE PRESIDENT
CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU
Bucharest, November 9, 2016. No. 213. --------