Citation(s) from the literature library

Romania. 2009 ‘Brokering.’ National Report of Romania on its Implementation of the UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (UNPoA); Section 8, p. 13. New York, NY: Permanent Mission of Romania to the United Nations. 1 January

Relevant contents

8. Brokering

The main legislative act regulating the export control regime of conventional weapons, including SALW [small arms and light weapons] is the Government Ordinance no.158/1999 on the control regime of the exports, imports and other transfers of military goods, approved with amendments by the Law no. 595/2004, amended (published in the Official Gazette of Romania no. 1239/22 December 2004, Part I).

The provisions on control of arms brokering are covered in Chapter I - "General provisions", art.1., art. 2. and art. 5., and Chapter V - "Sanctions" of the Law no. 595/2004.

Romanian legislation stipulates that only legal persons who have the residence in Romania can apply for registration as brokers. This registration takes a form of authorisation to act as brokers which is issued by MFA/DGEC.

The authorisation has maximum 1 year validity and can be renewed upon a new application presented by the company.

The licences for brokering activities are granted only after the case-by-case assessment process. As support documentation for a brokering license application, the applicant must present, among other relevant documents, an End-User Certificate (EUC) authentic and original.

According to the national legislation the licensing authority keeps a copy of the EUC, the original being returned to the applicant in order to obtain the export license. The originality of the EUC is verified with graphological specific means by a Specialized Unit from Ministry of the Interior. The authenticity of the EUC is verified through diplomatic channels at the issuing authority. For brokering activities is approved and issue only standard individual brokering licenses. All brokering license application of SALW is assessed by the MFA/DGEC and Inter-Ministry Council on multi-criteria basis.

According to the Law no. 595/2004, the export, import or brokering activities carried out without licence are considered criminal offence and the perpetrators are punished with imprisonment, according to the Penal Code.

[MFA/DGEC = National Licensing Agency]

ID: Q3618

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