Legal framework

Government Emergency Ordinance (GEO) no. 202/2008 ensures the direct applicability and mandatory character at national level of international sanctions adopted by the United Nations Security Council (art. 3, para. 1, in conjunction with art. 1 para. 1 of Government Emergency Ordinance no. 202/2008) for all subjects of law they address, including natural and legal persons, since their adoption by the Security Council. Sanctions and other restrictive measures adopted at EU level are mandatory for Romania as an EU Member State.

Sanctions adopted by other international organizations or by means of unilateral decisions by other states may become mandatory at national level provided they are adopted via a special legal act (art. 4 para. 4 in conjunction with art. 1 para. 2 of the GEO no. 202/2008).

GEO no. 202 / 2008 provides procedures for granting exceptions to sanctions regimes and ways to challenge the decisions of national authorities regarding the implementation of international sanctions (art. 8-10). It also indicates the competent authorities for solving certain requests (art. 12).

In addition, this legislative act reorganizes the Interinstitutional Council, as a body for consultation between the decision-making institutions, on principles of efficiency and celerity. Its composition at working level as well as its duties are expressly stated (art. 13 - 14). Furthermore, GEO no. 202 / 2008 establishes administrative penalties for violation of international sanctions regimes (art. 26).

GEO no. 202 / 2008 establishes the general framework, and the general principles in the field of international sanctions. Specific aspects of international sanctions implementation can also be found in specialized normative acts, which supplement GEO no. 202 / 2008. Thus, as far as the trade in arms and dual-use items is concerned, GEO no. 202/2008 is supplemented by GEO no. 129 / 2006 on the control of exports of dual-use goods and technologies and GEO no. 158 /1999 on exports and imports of strategic products. Regarding terrorism, GEO no. 202/2008 is supplemented by the provisions of Law no. 535 / 2004 on preventing and combating terrorism.