Legislative News in May 2012

LEGISLATIVE NEWS IN MAY 2012

Important legal regulations for the business environment in Romania were published in the Official Gazette, Part I, during the month of May 2012, such as:

I. Order no. 171/2012 of the National Agency for Regulating and Monitoring Public Procurement regarding clarifications on the tender documents in respect of the documentation content, published in Official Gazette no. 328 of 15/05/2012.

The Act came into force on May 15, 2012.

Response of the contracting authority to the request for clarifications on the tender documentation and clarification on the content of the documentation of award issued by the contracting authority are administrative acts that bring clarification / explanation on the tender documents and by which it can not amend its content, as was published in the SEAP.

If the contracting authority modifies through it’s the response to seek clarifications of the request for content, the terms stipulated in art. 2562 (1) of Government Emergency Ordinance no. 34/2006 regarding the award of public procurement, public works concession contracts and services concession contracts, are reported on the response acknowledgment of the contracting authority on the requested address.

In the above case, the National Council for Solving Complaints examines the legality of changes required by the contracting authority.

II. Regulation no. 6/2012 on amending and supplementing NBR Regulation no. 4/2005 on foreign exchange regime and the abrogation of National Bank of Romania Regulation no. 4/2005 on foreign exchange operations.

Published in Official Gazette no. 341 of 19/05/2012. The Act came into force on May 19, 2012.

The NBR Regulation no. 4/2005 on foreign exchange regime, republished in the Official Gazette, Part I, no. 616 of September 6, 2007, will be amended and supplemented as follows:

Payments, receipts, transfers and any other similar operations arising from sales of goods and services between residents, regardless of the legal report that regulates them, is made only in national currency (leu), except those specified in Annex. 2 " residents who can

perform operations in foreign currency", which can be made in foreign currency as well.

Payments, receipts, transfers and other transactions between residents arising from the work performed, regardless of legal relationship that regulates them, are made in national currency (leu) only.

All other operations between residents who are not subject to the above can be performed freely, either in national currency (leu) or currency.

In Annex no. 1 "Nomenclature", in Article 4, Section 4.15 is amended to be read as follows:

"4.15. Foreign exchange market is the market where currency exchange is performed and includes the following segments: a) interbank currency market;
b) currency market entities authorized to conduct foreign exchange activities."

Upon the entry into force of the Regulation the National Bank of Romania Rule no. 4/2005 on performing foreign exchange operations, published in the Official Gazette, Part I, no. 297 of April 8, 2005, as amended and supplemented is abrogated.

Upon the entry into force of Regulation, statistical codes award letters issued by the National Bank of Romania for currency exchange points belonging to entities within its area of prudential supervision, shall be abrogated.