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Romania
Source
: National Report on the implementation of the ITI, 2010 and 2008 
Date
: 06/05/2011
National Report
: 2008, 2010
 
Contact
: Ministry of Foreign Affairs – Directorate General for Export Controls
Email
: ppasnicu@ancex.ro
 
 
 
 


National laws, regulations and administrative procedures:

Law No. 295/2004 on arms and ammunition (Articles 89,90); Government Decision No. 130/2005 on the approval of Methodological Norms for the implementation of Law No. 295/2004 on arms and ammunition.

 

 
 
 


National Marking Practices:

The arms markings must comprise the following elements (Art. 89 Law no 295 / 2005): a) the country indicative of Romania; b) the indicative of the producer; c) the indicative of each category of arm; d) the manufacturing year and the number of each arm established for each category. During the manufacturing process, the Romanian armourers licensed to manufacture arms and ammunition are obliged to apply identifying markings on arms and ammunition (Article 89 of Law No. 295/2004). The marking of arms consists of 3 alphanumeric groups: (a) the first group consists of five capital letters, the first being RO and the other three identifying the producer; (b) the second group consists of a capital letter from A to D, corresponding to the category of arm, and two other figures identifying the arm characteristics; (c) the third group consists of at least three figures, of which the first two indicate the last digits of the manufacturing year and the others the number of weapons established for each category of weapon each year.

Marking at the time of import:

Arms and ammunition imported to Romania can be commercialised or possessed only if they are: (a) marked by the foreign producer; (b) are validated by the National Authority for the Validation of Arms and Ammunition; (c) are registered in the National Register of Arms and accompanied by the appropriate identifying documents (Article 88 of Law No. 295/2004).

Marking of SALW in the possession of government armed and security forces:


Measures against the removal or alteration of markings:

The unauthorised erasure or modification of markings constitutes a criminal offence and is punishable with a prison sentence from 1 to 5 years (Article 137 of Law No. 295/2004).

 
 
 


Accurate and comprehensive records for all marked SALW within their territory:

Under Law 295/2004 and its regulations, all arms manufactured in Romania must be marked and recorded in the National Register of Arms. The implementation of this new legal framework is ongoing. This register is monitored by the General Inspectorate of the Romanian Police which also maintains a database of all manufacturers of arms. Manufacturing registers are kept for 10 years by the armourers licensed to produce arms and ammunition and are then taken over by the Romanian Police to be archived. If an armourer ceases its activity, its registers must be taken over by the Romanian police within 10 days. The registers of the Ministry of Defence used for arms record-keeping are permanent. The record keeping registers on operations on arms and ammunitions have a special regime. The update and keeping of the National Arms Register records have permanent character. MFA/DGEC created in 2006 the “Register of SALW Transfers” for SALW exported and imported, that includes data regarding the type, model, caliber, serial number and other relevant information. MFA/DGEC informed the Romanian companies authorized to trade with military goods regarding the obligations under the provisions of the International Instrument. During 2009, MFA/DGEC constantly informed all SALW Romanian exporters, importers and manufacturers about the obligations under the provisions of the International Instrument. MFA/DGEC considers that SALW transfers are one of the most important components of export controls and it is approach with caution and very high interest. All exporters and importers that trade with SALW and their ammunition are obliged to keep their own records of transfers. According to the internal procedures based on the ITI provisions, the manufacturers are obliged to keep the records for minimum 30 years and the exporters / importers for minimum 20 years. The Enforcement Teams of the licensing authority verify on-site if the licensing conditions are fully respected. The violations of the Romanian legislation or any general or specific conditions included in the licenses are punished according to the Penal Code.

 
 
 


Measures taken for undertaking traces and responding to tracing requests
:

In 2006, a SALW Tracing Register was created within ANCEX (National Agency for Export Control).

Operational Informaton Exchange:

The General Inspectorate of the Romanian Police cooperates in data and information exchange with equivalent institutions in other EU member states, through the SIRENE office. Romania presented information on its national marking system to the OSCE. In 2009 MFA/DGEC participated in the exchange of information mechanism and provided in a timely and reliable manner the data requested by one interested country from South America. The data received by channels of the INTERPOL on arms internationally checked or investigated are distributed to the responsible structures in Romania.

Needs and Request for Assistance::

Implementation challenges and opportunities:

On 26 April 2007, ANCEX held a workshop of "Identifying and Tracing of SALW" for Romanian manufacturers, importers and exporters of SALW, at the Black Sea Defence and Aerospace Exhibition and Conference