WORLD TRADE
ORGANIZATIONG/LIC/N/3/ROM/2
8 September 1999
(99-3740)
Committee on Import Licensing Original:  English
REPLIES TO QUESTIONNAIRE ON IMPORT LICENSING PROCEDURES
Notification under Article 7.3 of the Agreement on
Import Licensing Procedures
ROMANIA
The following communication, dated 6 July 1999, has been received from the Permanent
Mission of Romania.
_______________
Outline of System
1. The import licensing system is established by:
- Government Decision No. 215/19921 on Romania's Export and Import Licensing System
(published in the Official Gazette of Romania:   "Monitorul Oficial al Romaniei" No. 91/1992);
- Order No. 13C/19981 of the Minister of Industry and Commerce on the Export and Import
Licensing System (published in the Official Gazette of Romania:  "Monitorul Oficial al
Romaniei" No. 486/1998).
According to these regulations, imports into Ro mania's customs territory are liberalized.  They
are not subject to import licences.  The legal documents mentioned above foresee the possibility of
exceptions for:
(a) quantitative restrictions;
(b) goods subject to the import or export control system;
(c) goods sent from abroad as economic governmental aid;
(d) goods subject to tariff quotas, established th rough Romania's Government Decisions;  and
(e) goods subject to the automatic import or export licensing system.
Purposes and Coverage of Licensing
2. The import licensing system is based on the following:
                                                     
     1Available for consultation in the Secretariat (Market Access Division) (English and Romanian only).G/LIC/N/3/ROM/2
Page 2
(a) Licences for goods subject to quantitative restrictions:
No quantitative restrictions on imports have been established so far.
(b) Licences for goods subject to import control:
The following goods are subject to import control:- weapons and ammunition authorized by  law (Government Decision No. 547/1992
2);
- military equipment and other special products authorized by law (Government Decision
No. 547/1992);
- drugs and narcotics authorized by  law (Government Decision No. 340/19922 as
amended by Government Decision No. 437/19922);
- renewable wastes the import of which shall be in conformity with the provisions of
Annex No. 1 of Government Decision No. 340/1992, as amended by Government
Decision No. 437/1992, as well as goods dangerous for human health and for the
environment (paragraphs 15, 17, 21, 22 and 26 of Annex 2 of Government Decision
No. 340/19922 as amended by Government D ecision No. 437/1992 and Government
Decision No. 145/19952);  and
- goods under control of final destination, for reasons related to non-proliferation of mass
destruction weapons and of carrying missiles, as well as of radioactive materials,
nuclear installations and nuclear-related  products (Government Decision No. 594/1992,
as amended by Government Ordinance No. 31/1994 on import and export systems of
strategical products, approved by La w No. 93/1994 and Law No. 31/1996 on state
monopoly).
(c) Licences for goods sent from abroad as economic governmental aid:
These imports are duty-free and the licences ar e issued by the Ministry of Industry and
Commerce.  The system is establis hed by Government Decision No. 470/19922 published in
"Monitorul Oficial al Romaniei" No. 227/1992.  Various goods may be subject to the respective
economic governmental aid according to the respective agreements.
(d) Licences for goods subject to tariff quotas:
Tariff quotas existing under temporary exemptions or reductions of customs duties,
established by the Government of Romania, according to Article 70 of Law No. 141/19973
regarding the Customs Code of Romania, are administered through import licences issued by
the Ministry of Industry and Commerce.
(e) Licences for goods subject to the automatic import licensing system:
This system is established by Order N o. 13C/1998 of the Minist er of Industry and
Commerce, for statistical purposes.  A list of products subject to the automatic import licensing
system is established by Order No. 36C/1998 of the Minister of Industry and Commerce4.
3. The system of licences provided in paragraph 2(a)-(e) is applied on a non-discriminatory basis,
irrespective of the country of origin.
                                                     
2 Available for consultation in the Secretariat (Market Access Division) (Romanian only).
3 Available for consultation in the Secretariat (Market Access Division) (English only).
4 Available for consultation in the Secretariat (Market Access Division) (English and Romanian only).
See also document G/LIC/N/2/ROM/2.G/LIC/N/3/ROM/2
Page 3
4. There is no intention to restrict the quantity or  the value of imports by means of the licensing
system or procedures.  The purposes of the system are:
(a) Licences for goods subject to quantitative restrictions:
In conformity with the provisions of Article 5 of Governme nt Decision No. 215/1992,
the Ministry of Industry and Commerce may establish quantitative restrictions on imports under
the following circumstances:  when an imminent risk of a deficit of the balance of payments
appears or with a view to creating normal foreig n exchange reserves, and when certain imports,
by their quantity or conditions under which they are performed, cause or threaten to cause a
serious injury to domestic producers of like or directly competitive products.  No quantitativerestrictions on imports have been established so far.
(b) Licences for goods subject to import control:
The purpose is to protect national security, health and environment, as well as to
observe the commitments undertaken by Romania in respect of the non-proliferation of mass
destruction weapons and carrying missiles of nuclear, biological a nd chemical interest,
according to international agreements.
(c) Licences for goods sent from abroad as economic governmental aid:
The purpose is to facilitate the duty-free entrance of these goods into the Romanian
customs territory.
(d) Licences for goods subject to tariff quotas:
The system is used to administer imports under tariff quotas, where and when
established.  The imports exceeding tariff quotas  are not subject to licensing procedures.
(e) Licences for goods subject to the automatic import licensing system:
Statistical purposes.
5. The import licensing system is establishe d under Government Deci sion No. 215/1992 and Order
No. 13C/1998 of the Minister of I ndustry and Commerce.  Products subj ect to licensing are designated
through Government Decisions.  As the system has been put into force by Government Decisions, its
abolition can be done by legal acts at leas t of the same power or higher (Laws).
Procedures
6. I. General rules for products under restriction as to the quantity or value of imports are
provided in Government Decision No. 215/1992.  The establishment of quantitativerestrictions on imports, the lists of goods subject to such restrictions, as well as the
period of application of such measures shall be published when the decision to establish
quotas is taken.
II. As no restrictive import quotas have been established so far, there are no provisions
with respect to the time basis for issuing licences.
III-IV. For the time being there are no provisions relating to this matter.G/LIC/N/3/ROM/2
Page 4
V. As a general rule, the Ministry of Industry and Commerce has to process the licence
applications within a period of a maximu m of two days from the date of their
registration.
VI. For the time being there are no provisions relating to this matter.  Each licence has a
validity period during which imports can be made.
VII. For the time being there are no provisions relating to this matter.VIII-XI.  Not applicable.
7. (a) There is no fixed time-limit for submitting an application in advance of importation.
(b) A licence cannot be granted immediately upon request.  Prior review of the application
is required.
(c) There are no limitations as to the period of the year during which licence applications
shall be made.
(d)(i) Licences for goods subject to quantitative restrictions:
Not applicable as no quantitative restrictions on imports have been established so far.
(ii) Licences for goods subject to import control:
For goods subject to control, the issuin g of import licences is subject to prior
endorsement by a relevant governmental body such as the Ministry of Rivers, Forests
and Environment, the Ministry of Food and Ag riculture, the Ministry of Health, or the
Government Commission for the Endorseme nt of Importation and Exportation of
Special Products, as the case may be.
(iii) Licences for goods sent from abroad as economic governmental aid:
Import licences are issued by the Ministry of Industry and Commer ce without any other
prior endorsement.
(iv) Licences for goods subject to tariff quotas:
For certain goods the issuing of import licences is subject to prior endorsement by a
relevant governmental body such as the Ministry of Industry and Commerce, the
Ministry of Food and Agriculture, or the Ministry of Public Works and Land-Use
Planning, as the case may be.
(v) Licences for goods subject to the automatic import licensing system:
For some goods subject to the automatic im port licensing system listed in Annex 5 to
Order No. 36C/19995 (certain chemicals), the issuing of the licences by the Ministry of
Industry and Commerce is subject to prior endorsement by the General Inspectorate of
Police.
                                                     
5 Available for consultation in the Secretariat (Market Access Division) (English and Romanian only).G/LIC/N/3/ROM/2
Page 5
8. In general, there are no circumstances, other than  failure to meet ordinary criteria, under which a
licence application may be rejected.  Reasons for rejection are given to the applicant.  The applicants
have the right of appeal if an application is rejected, as first judicial step to the Ministry of Industry and
Commerce, and if they are not satisfied with the d ecision, they have the possibility to act in courts
(Tribunals) according to the Law on Administrative Solicitor's Job No. 29/1990, modified by LawNo. 146/1997.
Eligibility of Importers to Apply for Licence
9. (a) Not applicable.
(b) Yes.  All economic operators registered wi th 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 licences.
There is no registration fee.  Periodically th e Chamber of Commerce and Industry of Romania
(2, Octavian Goga Blvd., Bucharest;  Phone:  0040 1 322 95 35;  Fax:  0040 1 322 95 92) publishes the
Catalogue of Romanian economic operators.  An y person can obtain information about the economic
operators entitled to perform foreign trade activities from the Romanian Centre for Foreign Trade (17,
Apolodor Street, Bucharest;  Phone:  0040 1 335 34 45;  Fax:  0040 1 410 03 15).
Documentational and Other Require ments for Application for Licence
10. Usual information on the importer, exporter, designation of product, value, terms and conditions
of delivery, etc. are required in the application form .  A sample application is available for consultation
in the Secretariat.  For certain products, additi onal information and/or documentation may be required,
as indicated in the specific Orders of  the Minister of Industry and Commerce.
11. Upon actual importation, only the usual commercial documents are required.
12. There is no fee or administrative charge for the issuing of licences.  Only a payment of
lei 10,000 (i.e. about US$1) is required as  price of the licence application form.
13. There are no deposit or advance payment require ments associated with the issuance of a licence.
Conditions of Licensing
14. As a rule, the import licence is valid until the end of the calendar year during which it has been
granted.  If quantitative restrictions are established, import licences are issued for such a period of timeas to avoid blocking up the utilization of respective quotas.  The same rule is applied in cases of tariff
quotas.  The validity of a licence issued for any other reasons can be extended over the end of the
calendar year when the import licence expires, only by Order of the Minister  of Industry and Commerce,
having effect on the non-utilized licences issued during the previous year.
15. There are no material penalties for the non-u tilization of a licence or a portion of a licence.
16. Licences are not transferable between importers.17. There are no other conditions attached to the issue of a licence.Other Procedural Requirements
18. No.G/LIC/N/3/ROM/2
Page 6
19. Any economic operator may participate, through the commercial bank with which its account is
opened, in the daily currency auctions organized by the National Bank of Romania.  The import licence
is not required as a condition for obtaining foreign ex change.  In general, foreign exchange is available
to cover licences issued.  For obtaining foreign exchan ge, proof of the contract concluded with a foreign
partner has to be attached to the bidding form.
Notes
1. For the following operations, specific transaction licences are issued by the Ministry of Industry
and Commerce.  These licences do not have any link w ith import licences;  they are specific transaction
licences issued by the Ministry of Industry and Co mmerce.  These transaction licences are provided by
Order No. 13C/1998 of the Minister  of Industry and Commerce, the general rules being provided by
Government Ordinance No. 18/19946, approved and modifi ed by Law No. 12/19956 and Government
Decision No. 276/19956 modified and completed by Government Decision No. 969/19966, and refer to:
(a) trade operations to be settled through clear ing, barter or cooperation accounts, based on
Governmental agreements concluded between Romania and other countries;
(b) operations for recovering Romania's foreign debts through import of goods;(c) operations carried out on the basis of credit s granted or received at governmental level;
(d) import-export counter-purchase operations concl uded at the level of economic operators;  the
import-export counter-purchase operation is th e operation by which the goods and/or the
equivalent of services under import contract wi th a foreign partner are paid in local goods
and/or services, of equal value, without ac tual transfer of foreign currency;  and
(e) export operations for the compensation of external debts of the trade companies and of the
régies autonomes, resulting from not paying in time the imports of goods and services.
2. In order to implement its commitments under the WTO Agreement on Agriculture, Romania
introduced the Current-Access Certificates for the im port of goods listed in Schedule LXIX - Romania,
Section I-B "Tariff Quotas" (for certain agricultural products).  These certificates are issued by the
Multilateral Relations Directorate within the Mini stry of Industry and Commerce, for each shipment.
The allocation principle is "first-come-first-served" and the maximum share per allocation is between
0.1 per cent and ten per cent of quota, taking into account the usual commercial shipment for each
product.  The certificates are issued on a non-discriminatory basis, irrespective of the country of
origin which is a WTO Member.  The period of validity of a Current-Access Certificate is two monthsfrom the date of issuance, but not exceeding the end of the calendar year.
__________
                                                     
     6Available for consultation in the Secretariat (Market Access Division) (Romanian only).