Romania has changed its import (and export) licensing regime, mainly through the enactment of the following legislation, which came into force on 1 January 2004:
- The Romanian Government Decision No. 1526 of 18 December 2003 on the general export and import regime, published in the “Monitorul Oficial al României” (Official Gazette of Romania), Part I, No. 937 of 24 December 2003, see WTO documents G/LIC/N/2/ROM/4 (dated 5 October 2005) and G/LIC/N/1/ROU/3 (dated 19 October 2005).
- The Romanian Government Decision No. 1527 of 18 December 2003 on the rules and procedures regarding export and import licenses, published in the “Monitorul Oficial al României” (Official Gazette of Romania), Part I, No. 936 of 24 December 2003, see WTO documents G/LIC/N/2/ROM/4 (dated 5 October 2005) and G/LIC/N/1/ROU/3 (dated 19 October 2005).

Government Decision No. 1526/2003 establishes the general rules for export and import regime from/into the Romanian custom territory in full compliance with the rules and procedures stipulated by the provisions of the Marrakesh Agreement on the establishment of the World Trade Organization and the other relevant international agreements and conventions to which Romania is party.

The Romanian export and import regime is based on the premise that the export and import of goods are free, without being conditional on prior issuing of a licence, except where specific products are subject to one of the measures adopted in accordance with the provisions of this Decision:

(a) prohibitions, restrictions or other measures for control, certification or authorization on exports, imports or goods in transit, justified on grounds of: public morality, public policy or public security, the protection of health and life of humans, animals or plants, the protection of natural resources, the protection of national treasures of artistic, historic or archaeological value, the protection of intellectual, industrial or commercial property, rules relating to precious metals;

(b) safeguard measures;

(c) measures for monitoring exports or imports of certain products adopted in order to apply the provisions of international agreements and understandings;

(d) measures stipulated by law for the objectives of the market organizations for agricultural products;

(e) measures for the statistical surveillance of exports and imports of certain goods in view of assessing the tendencies and conditions of exports and imports; such surveillance measures for limited and exceptional situations, relating to the risk of threat with serious market prejudice, but with no intention of limiting market access.

Romania’s trade regime is free of quantitative restrictions.

Government Decision No. 1527/2003 establishes the general rules and procedures regarding export and import licenses in Romania. The issuing of export and import licenses stipulated in this Decision is ensured by the Ministry of Economy and Commerce, through the General Directorate for Trade Policies.

The present regulations will apply until the accession of Romania into the European Union. Upon accession Romania will apply the European Union Common Commercial Policy.

Weapons. See Product coverage.

The system of licenses is applied on a non-discriminatory basis, irrespective of the country of origin.

There is no intention to restrict the quantity or the value of imports by means of licensing system or procedures.

Is the licensing statutorily required?

Licensing is statutory required for the purpose listed in the relevant legislative texts. Automatic import licences according with Order No.391/2003.

Does the legislation leave designation of products to be subject to licensing to administrative discretion?

Product coverage is defined in the legislation and is not subject to administrative discretion.

Is it possible for the government to abolish the system without legislative approval?

The system cannot be abolished without legislative approval.

There is no fixed time-limit for submitting an application in advance of importation. It is up to the applicant to decide when to apply for a licence, knowing that the document will be issued within a maximum of five working days of receipt of application.

When submitted in appropriate and complete form, the applications shall be approved immediately on registration.

There are no limitations as to the time of the year during which applications may be made.

Which administrative body is responsible for approving application of licences?

The consideration of licence applications is effected by a single administrative organ, the competent authority depending on the product.

Must the applications be passed on to other organs for visa, note or approval?

The application must not be passed on to other organs for approval and the importer has to approach only one administrative organ.

Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?

There are no other circumstances, under which a licence application may be rejected, then failure to meet ordinary criteria. Applications for licenses should be submitted in appropriate and complete form without erasing, modification or addition using another typewriter.

Are the reasons for any refusal given to applicants?

The reasons for rejection are given to the applicant.

Have applicants a right of appeal in the event of refusal to issue a licence?

Yes

If so, to what bodies and under what procedures?

The applicants have the right of appeal if an application is rejected, as first judicial step to the competent authority in Romania for issuing a certain licence and, if they are not satisfied with the decision, they have the possibility to act in courts (Tribunals) according to the Law on Administrative Solicitor’s Job No. 554 of 2 December 2004.

What persons or firms are eligible to apply for a licence?

All economic operators, without discrimination, registered in Romania are eligible to apply for import (or export) licenses.

Is there a registration fee?

Not applicable.

Is there a published list of authorized importers?

Yes. All economic operators registered with foreign trade activities by their statute and/or contract of association and the Legal Decision of Establishment of their companies are eligible to apply for licenses.

All trading companies are required to register with the National Office of the Register of Commerce and the local taxation office. Registration costs about RON 305 (Romanian currency). Since the year 2001 a “one-stop-office” was established for streamlining and simplifying the registration of companies and since the year 2003 the silent approval procedure related to the registration of companies applies.

Any person can obtain information about the economic operators entitled to perform foreign trade activities in Romania from the National Office of the Register of Commerce.

Usual information on the importer, exporter, designation of product, quantity, value, terms and conditions of delivery etc are required in the application form. A sample application is available along with The Government Decision No. 1527 of 18 December 2003.
For certain products, additional information and/or documentation may be required, as indicated in the specific regulations.

The licence itself is required upon importation.

There is no licensing fee or administrative charge. A charge of RON 12 (Romanian currency) is payable for the licence application form.

There are no deposit or advance payment requirements associated with the issuance of a licence.

The import licence is valid until the end of the calendar year during which it has been granted.
The validity of a licence issued by the General Directorate of Trade Policy of the Ministry of Economy and Commerce can be extended over the end of the calendar year, when the licence expires, for a specific period, by Order of the Minister of Economy and Commerce, provided that the circumstances for which the respective system of licenses was established prevail.

There is no penalty for the non-utilisation of a licence or a portion of a licence.

Licenses are not transferable between importers.

There are no other conditions attached to the issue of a licence.

No other administrative procedures, apart from import licensing and similar administrative procedures are required prior to importation.

Is foreign exchange automatically provided by the banking authorities for goods to be imported?

The banking authorities automatically provide foreign exchange for goods to be imported as well as to cover import licenses.

Is a licence required as a condition to obtaining foreign exchange?

A licence is not required as a condition to obtaining foreign exchange.