News for American Citizens
What's new (Archive for 2005)
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Warden Message: Update on Avian Influenza in Romania
On December 1, Romanian authorities detected the H5 avian flu virus in domesticated birds in two villages in Braila county: Bumbacari, in Dudesti district, and Dudescu, in Zavoaia district; and in
Periprava village, Sulina district, in Tulcea county. This followed detection of H5 in a domesticated bird in nearby Scarlatesti on November 26. Further tests will show whether the birds carried the
highly pathogenic H5N1 virus. Romanian authorities have imposed quarantines on these villages and are culling poultry from the area. Meanwhile, authorities have lifted quarantines previously
imposed on Ceamurlia de Jos, Maliuc and and Vulturu in Tulcea county and declared the outbreak of avian flu in those areas extinguished. A quarantine remains in place in Caraorman village,
Tulcea county.
The U.S. Embassy again reminds U.S. citizens in Romania that information about avian influenza ("avian flu," "bird flu," "chicken flu") including suggested precautions, is available in the U.S.
Department of State’s “Avian Flu Fact Sheet,” which can be found at http://travel.state.gov/travel/tips/health/health_1181.html .
This website includes answers to Frequently Asked Questions (FAQ’s), and links to avian influenza information from the World Health Organization (WHO) and the U.S. Centers for Disease Control
and Prevention (CDC). The Embassy urges all Americans in Romania to monitor these websites.
American citizens are advised to avoid any areas where the Romanian government has detected avian influenza, consulting the local media or the Embassy website for updated information on affected areas.
The Embassy encourages Americans in Romania to register with the Embassy in Bucharest. Registration may be done on-line at: https://travelregistration.state.gov.
Information on registration procedures, all security-related Travel Warnings and Public Announcements, and recent Embassy warden messages are posted on the Embassy's website at:
http://bucharest.usembassy.gov/
The Embassy is located at 7-9 Str. Tudor Arghezi, Bucharest, Romania. During regular business hours you may contact the Embassy American Citizens Services office at 021-316-4052, or by
email at acsbucharest@state.gov. The emergency after-hours telephone number is 021-319-4106.
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Warden Message: Avian Flu confirmed in Romania
Warden Message
Embassy Bucharest
October 15, 2005
On October 15, 2005 laboratories in Romania and in the United Kingdom confirmed that the H5N1 avian flu virus was present in tests of domesticated
poultry from the village of Ceamurlia de Jos, Tulcea county, in eastern Romania. The U.S. Embassy reminds U.S. citizens in Romania that information
about avian influenza ("avian flu," "bird flu," "chicken flu") including suggested precautions, is available in the U.S. Department of State’s “Avian
Flu Fact Sheet,” which can be found at http://travel.state.gov/travel/tips/health/health_1181.html .
This website includes links to avian influenza information from the World Health Organization (WHO) and the U.S. Centers for Disease Control and
Prevention (CDC). The Embassy urges all Americans in Romania to monitor these websites as they are updated with current and accurate information.
American citizens are advised to avoid those areas identified by the Romanian government as being affected by avian influenza. Information (in
Romanian) identifying the affected areas can be found on the web site of the Romanian Ministry of Agriculture and Forestry at:http://www.maap.ro/pages/view_presa.php?id=1135&lang=2 .
The Embassy encourages Americans in Romania to register with the Embassy in Bucharest. Registration may be done on-line at: https://travelregistration.state.gov.
Information on registration procedures, all security-related Travel Warnings and Public Announcements, and recent Embassy warden messages are posted on the Embassy's website at: http://bucharest.usembassy.gov/
The Embassy is located at 7-9 Str. Tudor Arghezi, Bucharest, Romania. During regular business hours you may contact the Embassy at 021-316-4052. The after-hours telephone number is 021-319-4106.
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Important Passport Security Enhancement: No Amendments
Effective September 26, 2005, as an additional security enhancement, Passport Services will no longer amend valid passports. Instead, customers requesting name changes, extension of validity for limited passports, or correction of a printing error will apply for replacement passports.
If the change is within one year after issuance, they will submit a U.S. Passport Re-Application Form (DS 5504), together with the passport that needs the change, the documentation required, and new passport pictures. There will be no charge for routine processing.
If the change is more than one year after issuance, customers will need to submit an Application for Passport By Mail (DS-82), together with the passport that needs the change, the documentation required, and new pictures. The cost includes the $55 application fee and $12 security surcharge, for a total of $67 for routine processing. Of course, if the requested data change is due to a printing error by Passport Services, there will be no charge.
Those only needing to add visa pages to their passports will submit an Application for Additional Visa Pages (DS-4085). This service is always free of charge when routine.
All of these forms will be available online at travel.state.gov or at the American Citizen Services office of the Embassy. The Passport Amendment/Validation Form (DS-19), previously used to amend passports, will no longer be valid. For more information on applying for a U.S. passport, forms, and a wealth of other international travel information, please visit our website at www.travel.state.gov.
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Pending requirement for U.S. citizens to present passports for entry into the United States
In the near future, all U.S. citizens and non-U.S. citizens alike will have to present a passport or other accepted travel document proving identity and citizenship when entering the United States. Romanian citizens who are not U.S. Legal Permanent Residents already must present passports and/or visas to enter the United States and will not be affected by the change.
The Departments of State and Homeland Security (DHS) have proposed rules for implementing WHTI, in two phases:
- December 31, 2006 - Requirement applied to all air and sea travel to or from Canada, Mexico, Central and South America, the Caribbean and Bermuda.
- December 31, 2007 - Requirement extended to include land border crossings as well as air and sea travel.
More information on WHTI and how it may affect travelers is available on the State Department's consular website at
http://www.travel.state.gov and the DHS website at
http://www.dhs.gov.
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Exit permits necessary for Americans who overstay in Romania
The new ordinance no. 113/2005 provides that foreigners' whose passports are lost or stolen in Romania can leave the country with a new travel document issued by their embassy as long as they were in legal status while they were in the country. An exit permit is no longer necessary in this case. An exit permit is now required only for foreigners who overstay in Romania. Americans who overstayed will have to pay a fine and apply for an exit permit from the Romanian Authority for Aliens (Autoritatea pentru Straini). Additional information is available on the website of the Authority for Aliens at http://aps.mai.gov.ro.
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Important Information for Americans Wishing to Provide Medical Services in Romania
Romanian legal framework for medical services provided by foreign health care professionals
The Ministry of Health (MOH) regulates the provision of health care services by foreign providers to Romanian patients. By MOH order, any medical personnel from clinics or humanitarian organizations abroad who wish and/or are invited to provide medical or surgical services in Romanian
hospitals must have prior Minister of Health (MOH) approval before engaging in such activities in Romania.
According to MOH regulations, in order to obtain MOH approval, the US-based applicants must present the following documents:
a) A letter of request (in English and Romanian) from the US-based medical service provider to practice in a Romanian health care setting;
b) A letter of invitation issued by the Romanian hospital / health care organization requesting the services of the US-based medical personnel;
c) A document of endorsement from the local (Romanian) Public Health Department responsible for the respective hospital;
d) A letter of approval from the Romanian College of Physicians. In order to obtain this approval, the College requires the following documents: the invitation
from the Romanian hospital; a letter of approval from the head of the Romanian medical unit; and the name of the Romanian medical staff responsible for
the patients to be served by the US-based medical staff. These documents should be submitted to the Accreditation and Endorsement Department of the
Romanian College of Physicians, address: Bd. Timisoara, nr. 15, Bucharest, Sector 6, tel.: +4021-413 88 03;
e) The CVs of all US medical personnel;
f) Any other documents related to the specialists’ professional experience, as well as the names of the institutions granting their degrees and other professional
certification.
The documents above are to be submitted to the General Department of Medical Care of the MOH at the following address: Ministry of Health, 1-3 Cristian Popisteanu St, sector 1, Bucharest
Contact person: Dr. Mihai Farcas, Deputy Director, General Department of Medical Care;
Tel: (+40 21) 307-2566, (+40 21) 313-6526
Based on these documents, the Minister of Health will release a document allowing the foreign medical personnel to practice in Romanian hospitals and/or other Romanian health care settings, as appropriate.. Without
this ministerial approval, no medical and surgical treatment may be provided by any medical personnel whose residence is outside Romania.
Romanian Legal Framework for donations of pharmaceutical products
According to Health Ministerial Order 555 /August 14, 2001 regarding donations of pharmaceutical products for human use, any donor must obtain the official document of endorsement “Aviz de principiu: Catre Vama” from the Interdepartmental Commission of the Ministry of Health prior to sending any such donations. In order to obtain the endorsement, the following documents must be submitted:
a) A donation document issued by the donor. The donation document must include:
- the name of the association or foundation making the donation;
- the name of the donated products;
- and the quantity and expiration date of the donated products. The donor must state that the donations pose no toxic or ecological risk.
b) A letter of acceptance issued by the Romanian recipient organization. The letter should clearly state that the donated goods will not be used for commercial purposes and will be registered in the accounting files.
c) A list of the pharmaceutical products to be donated. Only authorized pharmaceutical products with marketing authorization issued in Romania are acceptable. If the products to be donated do not have market authorization issued by the National Medicine Agency, the General Pharmaceutical Department within MOH can make the determination with regard to the respective donation.
d) The Romanian hospital pharmacy license.
The above documents must be submitted to The Interdepartmental Commission for Coordination and Support of Humanitarian Actions at:
Ministry of Health 1-3 Cristian Popisteanu Str, nr. Sector 1, Bucharest; Tel: (+40 21) 307-2565 Fax: (+40 21) 307-2563.
Contact person: General Director Dr. Ioan Buraga.
The donations must comply with the following official MOH instructions:
- All donations of pharmaceutical products should be based on therapeutic needs.
- The donations must be sent only after the recipient has agreed in writing to accept them.
- Under current legislation, the beneficiary of the donation must be a health care unit, social services unit, or a non-governmental organization (NGO).
- Only authorized pharmaceutical products with marketing authorization issued in Romania are accepted. The list of authorized human pharmaceutical products can be found at: http://www.anm.ro
- No donations of pharmaceutical products containing psychotropic substances or drugs are allowed.
- The validity period of donated pharmaceutical products must not be less than one (1) year from the date when the product enters the country. For pharmaceutical products with a validity period of less than 1 year, the expiration date can be at least 1/3 of the validity period at the moment when the product enters Romania.
- The pharmaceutical donations must be presented in their original sealed packages.
- Pharmaceutical products returned by patients to pharmacies, and free samples, are not allowed as donations (with the exception of samples donated by pharmaceutical manufacturing companies).
- Each donated pharmaceutical product must be accompanied by the following information:
- INN or generic name;
- Production serial number;
- Expiration date;
- Pharmaceutical form and concentration;
- Name of the producer;
- Quantity per package;
- Administration route;
- Storage requirements;
- Product prospectus.
- The donated pharmaceutical products must be packaged appropriately for transportation according to international regulations; each package must also be accompanied by documentation of the following:
- INN;
- Pharmaceutical form;
- Quantity;
- Production serial number,
- Expiration date;
- Volume and weight;
- Storage requirements.
- The weight per package must not exceed 50 kg. Pharmaceutical products must not be mixed with other type of products in the same package. The quantity, packaging, and means of transportation, as well as other characteristics, must be listed for each pharmaceutical product.
- The donor will ensure that transportation will be done in a timely fashion and in accordance with existing legislation.
- The costs of domestic and/or international transportation and customs expenses must be covered by the donor.
- The donated pharmaceutical products will enter the regular flow of the receiving health unit’s pharmaceutical products, and will be distributed for free to eligible patients according to their therapeutic needs.
The Ministry of Health, through its Interdepartmental Commission, may reject donations that do not comply with current law and regulations.
The Interdepartmental Commission of the Ministry of Health will inform the donor when the donation is accepted or rejected.
Romanian Legal Framework for donations of medical equipment
According to Health Ministerial Orders 183/2002 and 427/2003 regarding medical equipment, the donation of medical equipment requires the following documents:
a) A donation document from the foreign donor. The document must include the name of the association or foundation making the donation; the name of the donated products; and the quantity and expiration date of the donated products.
b) A letter of acceptance issued by the Romanian recipient
c) Statia Verificare Inspectie Aparatura Medicala (SVIAM) approval in order to obtain customs endorsement. All necessary forms to be completed by the foreign donor can be downloaded from the SVIAM website at http://www.sviam.ro/.The completed forms must be submitted to SVIAM at:
58 Nicolae Titulescu St., sector 1, Bucharest, Tel: (+40 21) 260-0158, (+40 21) 260-0159, Fax: (+40 21) 222-8683, secretariat@sviam.ro
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Romanian Currency Change
Romania will change its currency from the Romanian Lei (ROL) to the New Romanian Lei (RON) on July 1, 2005.
Local banks will be closed and Automated Teller Machines (ATM or Bancomats) will not operate from June 30 through Sunday, July 3.
The New Lei will be available at banks and from ATMs beginning on the first normal day of business, July 4, 2005.
The old currency (ROL) will be valid until December 31, 2006. There is no need to attempt to get rid of the old currency, as it is still legal tender for a year and a half.
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2005 Foreign Service Officer Written Exam
The 2005 Foreign Service Officer Written Exam will be given in Bucharest, Romania on Saturday, April 23, 2005. Applicants must be U.S. citizens, at
least 20 years of age, and available for worldwide assignment, including Washington, D.C. For additional eligibility requirements, information, and to
register to take the exam please visit the web site: http://www.careers.state.gov/.
A limited number of registration packets are also available from the American Citizen Services section at the Embassy. The deadline for registration is March 16, 2005.
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Americans residing in Romania must renew their temporary residence permits
The Authority for Foreigners within the Ministry of Administration and Interior officially announced that foreigners who reside in Romania are obliged to request a new stay permit from the Office for foreigners in their area, pursuant to new methodological norms issued on August 1st. According to these norms, the current temporary stay permits may only be used as follows:
- until September 30, 2004: stay permits issued in Prahova, Constanta, Iasi, Bihor, Cluj, Dolj, Brasov, Timis counties ;
- until March 1st, 2005: stay permits issued in Bucharest;
- until September 30, 2005: stay permits issued by all other counties.
The current stay permits that are valid beyond the deadline may be exchanged without submission of supporting documentation. Americans whose stay permits are due to expire before or shortly after the deadline will have to apply for new stay permits, submitting the required documents and approvals from the local authorities. The cost for new temporary residence permits (stay permits) for foreigners is 3,942,500 lei, to be paid in account no. 25110103049500 at any of the C.E.C. units in Romania.
The issuance of a new stay permit takes 30 days.
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Interested in voting?
ABSENTEE VOTING FOR U.S. CITIZENS IN ROMANIA
Your central reference point for exercising your right to vote in the coming primary and general elections is the Consular Section. ACS Chief Stephanie Bunce is the Post Voting Officer and is available to answer all your questions. Election 2003-2004 voter registration and absentee ballot information is available directly from the Federal Voting Assistance Program at their website: http://www.fvap.gov.
Eligibility for State and Federal elections depends upon the laws and regulations of your State of residence in the U.S. The absentee voting process is designed to permit citizens who will be away from their local polling places on election day to vote by mail. Absentee voters should request their ballots at least 60 days before the election. The Federal Post Card Application (FPCA) is a postage free postcard printed and distributed by the federal government for use by absentee voters. The FPCA serves as a simultaneous registration form and application for an absentee ballot. However, the extent and manner of its use are controlled by State law and sometimes by local procedure.
To receive the FPCA or for additional information, you should contact the U.S. Embassy at 40 1 210 4042 or E-mail acsbucharest@state.gov to request the necessary forms. You may also register online at:
http://www.fvap.gov/pubs/ofpcastates.html. (Please follow specific instructions for state-by-state acceptance of online registrations.)
The Federal Voting Assistance Program (FVAP), in conjunction with several states and counties, is conducting an Internet registration and voting demonstration for the 2004 election. This Congressionally mandated project is called SERVE, which stands for Secure Electronic Registration and Voting Experiment. SERVE will allow thousands of absentee uniformed services personnel, their dependents, and overseas U.S. citizens to register to vote and cast their ballots from any Windows-based computer with Internet access, anywhere in the world. Please visit the SERVE web site at http://www.serveusa.gov to find out more information. The web site provides information on participating counties and states, frequently asked questions, election information, and project updates.
How to Vote
Applying for the ballot: The Embassy does not supply voting ballots. You cannot vote at the Embassy. You must request your absentee ballot using a form known as the FPCA - Federal Post Card Application. The instructions for completing the form in accordance with your state's requirements are available in the 2003-2004 Voting Assistance Guide. Information from the Guide, including state-by-state instructions for requesting absentee ballots and voting and the on-line version of the FPCA are available at http://www.fvap.gov. American Samoa, Guam and Ohio do not accept the on-line version of the FPCA.
You may e-mail us with your request for a Federal Post Card Application for a ballot (FPCA), or telephone the Embassy's Voting Unit between 8:00 am and 11:30 or 1:00 pm and 3:00 pm, Monday through Thursday and on Friday between 8:00 am and 11:30 am. The telephone number is 40 1 210 4042. When requesting the FPCA, request the voting instructions for your state of residence. If you live permanently overseas, for voting purposes your state of residence is the state where you last lived immediately before leaving the United States. Please give the number of FPCA's your household requires.
FPCA's may also be collected from the Embassy. The Embassy is closed on Romanian and American public holidays.
Note: In some states, one FPCA will get you both the Primary and the General Election ballots. In others, you need to send a separate FPCA prior to each election.
What do I do with the FPCA? Fill out the FPCA using the instructions attached to the postcard. If you have difficulty in reading or understanding any English language materials, relating to voting or voter registration, please ask the consular staff for assistance. If you have questions about the instructions or if you need to know the address of the official to whom to address the postcard (e.g. the County Clerk, Board of Elections, Registrar of Voters, etc.) consult the Voting Assistance Guide extract for your state.
The Voting Assistance Guide contains up-to-date requirements and information for voting in each state. You will be given the state information applicable in your case. Note the date for applying. Once you determine the county you vote in, the Guide can give you the address and zip code of the county official to which you must address your FPCA. Note many states will accept the FPCA as a multipurpose form, i.e. it can be used as an application for registration and/or an absentee ballot. In the event that your voting state does not accept the FPCA for all purposes, the state will mail you a registration form, which must be completed. In some cases the form must be notarized before an American consular officer or notary public abroad. In those states, only after the registration form is fully executed and mailed will you receive an absentee ballot.
Notarization: If the state requires that you take an oath to the contents of the FPCA, bring it to the Embassy's Voting Unit for notarization along with your passport. All notarization services on voting materials are performed free of charge. If you cannot appear before a consular officer, you may have it witnessed by a local solicitor or notary public. (There will be a charge in that case.)
Mailing: An FPCA may be mailed, free of postage, through the Embassy if the envelope indicates that postage has been pre-paid. If you mail it through the Romanian postage system, you must place the appropriate airmail stamp on it. Also check the extract from the Voting Assistance Guide for your state as many of the states now allow you to fax your ballot.
Will I incur tax liability by registering to vote? Federal law provides that no tax liability may be imposed based on exercising your right to vote in Federal elections, e.g., the President, Vice President, U.S. Senators and U.S. Representatives to Congress. If you are a civilian citizen residing outside the U.S. and wish to avoid classifying yourself as a state resident for tax purposes, you should check "Other U.S. citizen residing outside U.S." on the FPCA. You will normally receive a Federal ballot only. If the state sends you a full ballot because it does not print a separate Federal ballot, you may vote the full ballot without incurring a tax liability.
Note, however, that some applications for ballots or the ballots themselves will ask you whether you want to vote for state officials up for election, e.g. candidates for governor, candidates for the state legislatures. The law only covers federal officials. If you decide to vote for state officials, some states may find that your actions in registering to vote for state officials or actually voting for state officials will allow the particular state to consider voting as a factor in determining tax domicile. Before voting for state officials consult the Voting Assistance Guide that lists the states operating in this manner. To reiterate, if you register to vote and vote only for federal officials the law precludes the federal government and state or local governments from using voting in determining your tax domicile.
Federal write-in absentee ballot: Overseas voters may be eligible to use the Federal Write-in Absentee Ballot (FWAB) to vote for federal offices (President/Vice President, Senator, and Representative). The FWAB may be used only for general elections and is a backup for voters who expect to be able to use the regular absentee ballot from their state or territory but who did not receive that ballot in time to vote and return it. The FWAB must be received by the local election official no later than the deadline for receipt of regular absentee ballots under state law. The FWAB is to be used to assist those voters who would be disenfranchised through no fault of their own, and is not designed as a replacement for the regular state ballot. It is valid only when the state ballot has been requested.
The FWAB's can be obtained by contacting the Embassy's Voting Unit.
Denial of right to vote: Any person who believes that he or she has been wrongfully denied the right to vote should follow the procedures outlined in the Voting Assistance Guide. Alternatively, contact the Civil Rights Division of the U.S. Department of Justice, Washington, D.C. 20520.
Important Information:
- Complete the FPCA and return it to the address shown in the State instruction leaflet. Please take note of normal pouch transit time if mailing through the pouch system.
- If mailed through the Romanian postal system, put an airmail stamp on the FPCA.
- Apply in good time - at least 60 days before the election.
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U.S. Passports Will No Longer be Issued Abroad
All passports, except those required for urgent travel, will be issued in the United States using the new more secure photo-digitized imaging system.
Effective April 8, 2002, American citizens residing or traveling abroad, who require issuance of a U.S. passport, will be issued the latest, state-of-the-art passport. It incorporates a digitized image with other enhanced security features. Because this technology is not available at U.S. embassies and consulates, overseas passport issuance is being transferred to the National Passport Processing Center in Portsmouth, New Hampshire.
Travel documents in the post-September 11 world have become even more important. The new passport has many features that make it one of the most secure travel documents produced anywhere in the world. Getting these more secure passports into circulation will help minimize the misuse of American passports by criminals, terrorists, and others.
This new procedure will increase processing time at U.S. embassies and consulates, but the Department is committed to ensuring that American citizens receive secure documents in a timely manner. American citizens overseas are encouraged to apply early for renewal of expiring passports.
U.S. embassies and consulates will continue to issue passports that are needed for urgent travel. However, such passports will be limited in validity, and cannot be extended. Bearers will be required to exchange, at no additional cost, their limited-validity passports for a full-validity digitized passports upon completion of their urgent travel.
Information on applying for a U.S. passport, passport application forms and requirements, and other travel-related information can be accessed through the Department of State’s web site at: http://travel.state.gov/.
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We do not have any announcements for the moment
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Travel Warnings & Consular Information Sheets
What Are Travel Warnings, Consular Information Sheets & Public Announcements?
Travel Warnings are issued when the State Department decides, based on all relevant information, to recommend that Americans avoid travel to a certain country. Countries where avoidance of travel is recommended will have Travel Warnings as well as Consular Information Sheets.
Public Announcements are a means to disseminate information about terrorist threats and other relatively short-term and/or trans-national conditions posing significant risks to the security of American travelers. They are made any time there is a perceived threat and usually have Americans as a particular target group. In the past, Public Announcements have been issued to deal with short-term coups, bomb threats to airlines, violence by terrorists and anniversary dates of specific terrorist events.
Consular Information Sheets are available for every country of the world. They include such information as location of the U.S. Embassy or Consulate in the subject country, unusual immigration practices, health conditions, minor political disturbances, unusual currency and entry regulations, crime and security information, and drug penalties. If an unstable condition exists in a country that is not severe enough to warrant a Travel Warning, a description of the condition(s) may be included under an optional section entitled "Safety/Security." On limited occasions, we also restate in this section any U.S. Embassy advice given to official employees. Consular Information Sheets generally do not include advice, but present information in a factual manner so the traveler can make his or her own decisions concerning travel to a particular country.
If you are looking for information on any of the U.S. territories and possessions, such as the U.S. Virgin Islands, Puerto Rico, Guam or American Samoa, you can go to the CIA Factbook.
Visit the State Department's page on Travel Warnings, Public Announcements and Consular Information Sheets.
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Current Travel Warnings
Restriction on the use of a US passport for travel to, in or through Iraq extended for another year
On February 1, 1991, pursuant to the authority of 22 U.S.C. 211a and Executive Order 11295 (31 FR 10603), and in Accordance with 22 CFR 51.73 (a)(2) and (a)(3), all United States passports, with certain exceptions, were declared invalid for travel to, in, or through Iraq unless specifically validated for such travel.
The restriction was originally imposed on the grounds that (1) armed hostilities then were taking place in Iraq and Kuwait, and (2) there was an imminent danger to the safety of United States travelers to Iraq. American citizens then residing in Iraq and American professional reporters and journalists on assignment there were exempted from the restriction on the grounds that such exemptions were in the national interest. The restriction has been extended for additional one-year periods since then, and was last extended through February 25, 2003.
For more information about this notice, please contact American Citizens Services, (40 21) 316-4052.
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Travel Warnings are issued when the State Department recommends that Americans avoid a certain country. The countries listed below are currently on that list. In addition to this list, the State Department issues Consular Information Sheets for every country of the world with information on such matters as the health conditions, crime, unusual currency or entry requirements, any areas of instability, and the location of the nearest U.S. embassy or consulate in the subject country.
Visit the State Department's current list of travel warnings.
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A LifeCare ® Digest on Airline Safety
In light of the recent terrorist attacks, the U.S. Department of Transportation and the Federal Aviation Administration (FAA) have ordered several new security policies to make air travel safer for passengers. This digest provides information on what new security measures you may encounter, tips for keeping yourself and your loved ones safe when traveling and information on how to address fears of flying.
Note—While LifeCare has made every effort to ensure that the information contained herein is accurate and up to date, please check with your travel agent or airline carrier regarding flights, security measures and changes as events continue to unfold and information continues to change each day. If telephone lines are busy (due to overload of inquiries), the FAA recommends that you try the Internet or your travel agent for basic information.
Revisions to Airline Safety Regulations
The Secretary of Transportation announced that he has named six experts, including pilots and airline industry executives, to a rapid-response team that will review commercial aviation security and provide recommendations within two weeks to make future airline travel safer. Additionally, the FAA has ordered new security measures for both domestic and international flights going forward, including:
- Curbside and off-airport (i.e., hotel, car rental agency) check-ins have been eliminated until further notice. All passengers with baggage to check will need to go to ticket counters. Passengers who do not have luggage to check can proceed directly to the gate.
- Passengers may be subjected to random physical checks of baggage, in addition to gate security, and may be asked to provide identification at any time.
- Parking is not permitted within 300 feet of terminals.
- The use of federal air marshals will be increased both on the ground and, possibly, in the air—at least temporarily. Law enforcement officials have dispatched federal marshals, 400 U.S. Customs Agents and 300 Border Patrol Agents to large airports across the country until further security measures are made definitive.
- More police officers are on duty at the nation’s airports.
- Only ticketed passengers can proceed past airport metal detectors.
- Electronic tickets will not be accepted until further notice. Some airlines may require passengers to check in at the airport ticket counter and obtain a paper ticket before going through security to their gates. If you have an electronic ticket, call your travel agent or the airlines before going to the airport.
- Planes will be thoroughly searched before passengers board. Though the FAA does not know how long each search will take, it may cause delays and/or cancellations.
- A proposed change includes having airport security screeners that meet higher standards, and the contractors who supply the security personnel will be required to report to the FAA.
- There is now a ban on all knives. No passenger will be allowed to carry a knife or knife-like object such as a utility knife on the plane. These objects can be packed in luggage that is checked. Also, on the plane, passengers may find limited distribution of knives in food service; for example, metal steak knives are banned, however, plastic knives and butter knives are allowed.
Note—Because the rules are new and may continue to change, passengers are advised to check with their specific airlines before they travel regarding security regulations.
Travel Tips
The increased safety measures at airports may cause delays or other inconveniences for passengers. To keep yourself and your loved ones safe, and minimize any inconveniences, keep the following tips in mind:
Before You Travel:
- Provide a copy of your travel itinerary to your family, close friend or colleague. Include both flight numbers and times, as well as lodging and mobile contact information.
- Call your travel agent or the airlines before you go to the airport to ensure that your flight is still departing as scheduled.
- Arrive at the airport at least three hours before your scheduled departure time for domestic flights and four hours beforehand for international flights.
- If someone is dropping you off at the airport, they must stay with the vehicle at all times. They should not leave it unattended, even for a moment. If you drive yourself, be sure to park in a well-lit area, note the location of where you parked, lock your car and do not leave packages or luggage in view.
- Be absolutely sure to bring a picture I.D. such as a driver’s license, passport, or other government-issued identification with you. Ensure that you make your reservation in the exact name that appears on the identification you plan to present at the airport. If your name has recently changed and the names on your ticket and your I.D. are different, bring documentation of the change (e.g., a marriage certificate or court order).
- Keep your identification handy at all times. Airport personnel may ask you to produce it after entering the gate area.
- Keep your luggage and carry on baggage with you at all times prior to arriving at the airport and while in the terminal.
- Do not accept any packages or materials from strangers.
- Do not carry any sharp instruments (i.e., letter openers, knives, box cutters, scissors, razor blades, etc,) in carry-on luggage. They will be confiscated at airport screening stations.
- If you are traveling with a tour group or cruise group, you must check in at the airport rather than at hotels or at the cruise terminals.
- If you see any suspicious activity or see unattended bags, contact airline or airport personnel immediately.
- Carry medications in your carry-on bags in case your luggage is lost, stolen or misplaced due to extra security checks.
- Be prepared to encounter long lines at check-in counters and airport screening stations.
Note—While airline travel is most affected by new security policies, keep in mind that there may also be increased security measures when traveling by train, bus or other public transportation.
Once on Board an Airplane:
- Pay attention to the preflight briefing. The locations of the closest emergency exits may be different depending on the aircraft you fly in, and seat you are in—so make sure you always know the location of emergency exits and listen to emergency procedures.
- Keep the overhead storage bin free of heavy articles. Overhead storage bins may not be able to hold very heavy objects during turbulence, so if you or another passenger have trouble lifting an article into the bin, have it stored elsewhere.
- Keep your seat belt fastened. Keep your seat belt on while you are seated for extra protection should the plane hit unexpected turbulence.
- Stay in your seat. Unless it is absolutely necessary for you to move around the plane, it is best to stay in your seat and out of the aisle.
- Keep aisles clear. Make sure carry-on baggage, shoes, pillows or other loose items do not fall into the aisle to block the path for flight attendants or other passengers.
- Do not interfere with flight attendants’ work. Stay clear of food carts or other items when flight attendants are serving. Pouring hot coffee for example may cause an accident if someone is bumped.
- Listen to the flight attendants or other airline personnel. Attendants are on aircrafts to help ensure the safety of passengers; respect any requests that they may make (i.e., fastening your seatbelt).
- Report anything suspicious. If you notice anything or anyone that seems suspicious or out of the ordinary, notify a flight attendant immediately.
- Remain calm. In the unlikely event that you are involved in an emergency situation, such as a precautionary emergency evacuation, follow the directions of the flight attendants, flight crew or emergency personnel and exit as quickly and as calmly as possible.
Addressing Your Fear of Flying
Given the recent tragedies, many individuals are now fearful of flying. While the FAA has taken every precaution to keep us safe, the following tips from the American Psychological Association may help ease your fears:
- Remember the new security measures:
Remind yourself that with the additional security it may be one of the safest times to fly. Try to find comfort in the new security measures that have been put in place.
- Relaxation techniques:
You often cannot get over, but you can learn to control fearful thoughts as well as some of the physical reactions that are associated with them through relaxation techniques. Consider reading, meditation, breathing exercises, listening to music, doing crossword puzzles or even observing other passengers who seem relaxed.
- Remind yourself of the advantages of flying:
Focus on the advantages of flying. It is still the fastest way to get from one destination to another—and it enables you to visit family, friends or clients as quickly as possible.
- Anti-anxiety medications:
If you are particularly anxious, and you must fly, consult your doctor about potential anti-anxiety medications that may help. Keep in mind that medications will not remove the fear, but they may help calm nerves. Anti-anxiety medications may cause drowsiness, and concurrent consumption of alcohol may make this potential side-effect worse.
- Seek professional help:
If you are experiencing extreme feelings of fear or anxiety, find out if your company offers an Employee Assistance Program (EAP) who can provide counseling. Or, call a mental health professional in your area.
Additional Resources
The following resources offer additional information:
American Psychological Association
750 First Street N.E.
Washington, DC 20002
202-336-5500
http://www.apa.org
A nonprofit organization that provides information and referrals to state associations that can help you find local clinical psychologists. This site offers information on dealing with the fear of flying.
Anxiety Disorders Association of America
http://www.adaa.org/
The ADAA promotes the prevention and cure of anxiety disorders and works to improve the lives of all people who suffer from them. They offer information on dealing with post-traumatic stress disorder and general anxiety disorders.
National Institute of Mental Health
http://www.nimh.nih.gov/
The Institute provides Information on post-traumatic stress disorder, depression, anxiety disorders, and they offer a special fact sheet on helping children and adolescents cope with violence and disasters.
U.S. Department of Health & Human Services Disaster Mental Health Services
http://www.mentalhealth.org/cmhs/emergencyservices/index.htm
This site offers publications on dealing with disaster and post-traumatic stress and well as information on finding mental health services.
This LifeCare® Digest is for general informational purposes only and is not intended to provide any reader with specific authority, advice or recommendations.
Copyright © 2001 LifeCare®, Inc. All rights reserved.
LifeCare®, Inc. is a worldwide leader in Life Event ManagementSM Services.
LifeCare, Inc.
PO Box 2783
Westport, CT 06880
800-873-4636
http://www.lifecare.com
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Property Restitution in Romania A Handbook for American Citizens
American Embassy Bucharest Published September 11, 2000 Updated November 15, 2001
Disclaimer: The American Embassy has prepared this information as a service to American citizens seeking property restitution in Romania. This information in no way serves as legal counsel nor does it involve the American Embassy in property restitution cases. The Embassy recommends that claimants seek legal counsel when pursuing property restitution claims.
PROPERTY RESTITUTION IN ROMANIA UPDATE
Newest dwellings and land restitution law claim-filing deadline extended another three months
Law No.10 of February 8, 2001 and the most recent emergency ordinance of November 9, 2001, which supercedes the July 19, 2001 emergency ordinance, allow a person wishing to recover houses or land confiscated by the former communist regime between 1945-1989 to file a claim for the restitution of property. According to the latest ordinance, the claim-filing deadline has once again been extended, allowing claimants to file their claim "notification" with the Mayor’s Office in the area of the property’s location no later than February 14th, 2002. The law further states that, even if claimants are not in possession of all their ownership papers, they still may file the "notification" on the condition that they submit additional documents proving the right to ownership by February 14, 2003.
SUMMARY AND INTRODUCTION
The World War II fascist government of Romania and the postwar communist government of Romania confiscated property owned by individuals and by communal organizations such as religious groups. In some instances, the confiscations occurred in accordance with laws adopted by the government; in other instances, the confiscations were inconsistent with the law at the time.
Current Romanian law governing property restitution distinguishes between property taken consistent with laws in effect at the time of confiscation, and property taken contrary to existing law. If the property was taken under conditions inconsistent with the law at the time, the courts can hear the restitution claim and decide whether restitution is justified or not. If confiscation occurred consistent with the law then in affect, restitution can occur only under restitution laws passed since the fall of the Ceausescu regime.
In either case, before title to restituted property can be registered, the responsible mayor's office must verify that the property is not subject to conflicting claims. Once this determination has been made, the mayor's office enters the claimant as the owner in the property ledger. Under Law 112/1995, a property involved in court proceedings due to conflicting claims cannot be considered for restitution until the court reaches a final verdict.
Other issues faced by potential claimants include (a) inconsistencies in property restitution judgements, (b) high legal costs, (c) a strong system of tenants' rights, (d) high cost of reimbursing tenants for improvements, (e) a long appeals process, (f) difficulty in obtaining documentation required by law to support a claim, and (g) the requirement that only Romanian citizens are permitted to own land in Romania. These considerations frequently mean that claimants of low value properties find that the costs of pursuing their claim are greater than the value of the claimed property.
To date, the Government of Romania (GOR) has been unable to pass legislation that would make the process for resolving property claims simple and uniform. Despite this, since the change of government in 1996, properties in all categories have been restored to claimants at a faster rate than in previous years. In late 1999, the Parliament resumed consideration of new property restitution legislation, and of amendments to existing laws. These proposed amendments and new legislation would strengthen the position of former owners vis-a-vis the occupants of properties confiscated by the state.
BACKGROUND ON PROPERTY
NATIONALIZATION IN ROMANIA
During World War II, the Antonescu government seized numerous properties, particularly those belonging to individual Jews and the Jewish community. Nationalization under Romania's communist government began in 1945 with the expropriation of farmland and continued in 1948 with the nationalization of industries and religious property. Seizure of residences began in the 1950s.
The Government of Romania issued many laws regarding property seizures and gave various reasons for seizing property. It also promised former owners different types of compensation and/or documentation in connection with the seizures. For example, owners of properties taken between 1948 and 1956 were promised compensation for their loss. Although owners kept their title on paper, they were not allowed to use their property nor did they receive any compensation. Laws enacted in 1956 provided that an owner of property seized after 1956 was entitled neither to retain land title nor to claim compensation. Many people were relocated as their properties were taken or demolished under urban renewal plans.
After 1974, thousands of ethnic Germans and Jews left Romania. The state confiscated their properties, compensating owners in some cases with a symbolic payment. Under a decree issued by Ceausescu in 1974 (#223), anyone who left the country and did not return within a certain timeframe lost property ownership forever without any compensation.
Throughout the communist period, the government developed seized properties, which included tearing down houses to make way for apartment buildings. The government in some instances sold the apartments to the assigned occupants at low prices. This created a new group of property claimants. At the same time, many of the most desirable properties became part of what is still referred to as the "protocol pool" of properties occupied by former heads of the Communist government, the nomenklatura.
PROPERTY RESTITUTION IN
THE POST COMMUNIST PERIOD
Summary of Laws and Court Decisions
Between 1990 and 1995, property claimants pursued their cases through the civil courts by charging that the Government of Romania failed to abide by the laws and regulations in force at the time of the seizure. They accused the government of failing to respect the constitution at the time of confiscation and maintained that the government did not pay compensation as provided by law. In February 1995, the Supreme Court ruled that civil courts had no jurisdiction over property disputes. Since the law specified no other legal process, the court decision effectively prevented the filing of additional property restitution cases.
The Supreme Court reversed itself in September 1998, opening the possibility for claimants to bring suit in civil courts to recover their properties. While there are no statistics, we understand from attorneys working in this area that hundreds of new civil property cases were initiated as a result of this ruling.
In April 1995, the Government of Romania issued law #112 to enable individuals who had occupied a residence for five years or longer to buy the property. Municipal commissions determined the selling price of each house based on such criteria as the age of the house, condition, and size. Prices established in this manner tended to be low, giving an advantage to eligible tenants. Occupants were thus able to acquire their home at bargain prices.
The same law permitted former owners to apply for title to their properties. The state did not investigate to determine whether property titles were in dispute. Thus after 1995, the government sold property to current occupants while at the same time original owners were trying to regain ownership. The battleground in these property cases were city halls where claimants endeavored to register their title by submitting properly validated documents, challenging the previously registered title of another owner who purchased the property. Unresolved local disputes were brought to appeals courts and ultimately to the Supreme Court. The Prosecutor General, appointed prior to the 1996 elections, appealed to the Supreme Court in nearly every case in which the courts upheld a former owner's right to property. Virtually without exception, the Supreme Court annulled the lower court rulings. Few former owners achieved restitution during this period.
Comprehensive property restitution was a major issue of the Democratic Convention-led coalition government that came to power in December 1996. One of the new government's first acts was to appoint a new Prosecutor General and cancel all of the former Prosecutor General's appeals to the Supreme Court of lower court rulings concerning property cases. Lower court rulings on property cases were upheld more frequently than before. The new government also sponsored legislation favorable to claimants.
On November 17, 1998, Parliament passed a bill regarding state property. Article 6 of that bill describes all property seized by the state between 1948 and 1989 as state property. However, putative owners do not have the right to reclaim "state property" used for public purposes, but can seek compensation for that property. While there is currently no specific law, generally, compensation is calculated on the basis of the property's value at the time it was seized, indexed for inflation. In some instances, attorneys with experience in property restitution matters have successfully claimed for former owners portions of property seized by the state but only partly used for a public purpose (building on only a part of the land, for example).
The most recent law affecting religious and communal property is the Lupu Law of January 2000. This law extends new benefits to religious organizations making claims and specifically addresses the return of agricultural and forest land belonging to religious groups or defined as community property.
Under the Lupu Law, religious organizations are eligible to restitute both agricultural land (from 10 to 100 hectares depending on the division within the respective denomination, such as a parish, eparchy, bishopric, etc.) and up to 30 hectares of forest. The law also provides that land can be redistributed within the religious organization, i.e. a local church that had been landless could be granted land if land was seized from other jurisdictions of the church. It is estimated that 500,000 hectares of land is eligible for return to religious organizations.
Legislation to govern the restitution of dwellings to former owners has been in committees of both the Chamber and the Senate since June 1999. A complicating element is the fact that some dwellings are currently in use as schools, hospitals and senior citizen homes, and there are no funds to build replacements. The Romanian Government estimates that 240,000 homes were nationalized during the communist regime, of which according to the Ministry of Public Works, 153,117 were subsequently demolished. The Government of Romania has released no official information on the status of the remaining properties.
To simplify land transactions, the Romanian Parliament passed a law in September 1999 establishing a uniform system for registration of land titles, but to date, the system is still in the early stages of implementation. Land transactions in Romania are complicated by various factors, including the absence of a comprehensive legal titling and registry system. This creates confusion among Romanian citizens and even government officials over the process of selling land. Of Romania’s three administrative regions, only Transylvania kept a fairly accurate registry book of lands. To bring Moldova and Muntenia up to the same standard, Parliament passed the September 1999 Land Law.
Under Romanian legislative procedure, either an ordinance written by the government and published in Monitorul Oficial (Romania's equivalent to the US Federal Register) or a law adopted by both houses of parliament and signed by the president can have the force of law. An ordinance has the same impact as a law unless the parliament overturns the ordinance by passing a law to replace it. The Constitution Court may also overturn a law or ordinance.
Citizenship Requirement
One additional complication, especially for heirs living abroad, is the requirement that the claimant either be a Romanian
citizen, or have started the procedures to become a Romanian citizen or to reclaim Romanian citizenship. Many Romanians who
left the country during the communist years were stripped of their Romanian citizenship. These citizenship cases are being
reversed now and many expatriate Romanians are claiming dual nationality and acquiring Romanian passports. Generally the
courts do not regard foreign nationality as a barrier to compensation if the claimant is at least in the process of applying
for Romanian citizenship when the case is heard in court. (Note: Claimants should be aware that obtaining Romanian
citizenship might affect any other citizenship they hold. For example, Germany and Austria consider the acquisition of
another citizenship to be an expatriating act. For U.S. citizens obtaining a foreign citizenship is an expatriating act
only if the individual acquired the new citizenship with the clear intention of relinquishing U.S. citizenship.)
THE RESTITUTION PROCESS
Three Types of Properties
Under Romania's laws, property is divided broadly into three categories: dwellings and businesses,
agricultural or forest land, and community or religious properties. Each property category
is subject to different regulations and procedures for restitution. Most property restitution cases fall under the category
of dwellings and businesses, which generally consists of companies, buildings, factories, houses, apartments and hotels.
This category also includes both existing and demolished buildings, as many dwellings and businesses were torn down under
Ceasescu's "development plan" for Romania.
Agricultural land is defined as land that is worked for the production of crops, and forestland is land that is undeveloped. Religious properties are properties owned by religious denominations (e.g. Orthodox, Catholic, Jewish, Baptist, Greek Catholic, and Protestant) recognized by the state at the time of confiscation. This included properties such as agricultural or forest land, hospitals, buildings and especially schools. In some cases, properties were registered as being both religious and community property. Religious property is always owned by a religious organization, but either a religious or a non-religious group may own community property. Ethnic Germans and ethnic Hungarians, for example, have properties registered as both community properties and as religious properties. There is, however, no specific law regarding the restitution of property that is registered as being both religious and community property. The term "community property" generally refers to properties that historically belonged to local communities, or properties belonging to different ethnic groups such as the Hungarian or the German communities. In the 1940's, the Jewish community registered a number of properties as community – not religious – property in an attempt to protect Jewish properties from confiscation, first by the fascist regime and later by the communists.
A subgroup of community and religious properties consists of dwellings and undeveloped land which, after being nationalized, was used for public purposes by state organizations. Real estate in this category is designated as public property (despite the fact that individuals may have thereafter purchased pieces of it) and is subject to specific procedures for restitution.
Dwellings/Businesses
Courts settle the vast majority of restitution claims for dwellings. Court proceedings can be lengthy, especially if the losing party decides to appeal. Under the Romanian legal system, the appeal repeats the entire trial process. Due to the complexity of Romanian law and the wide variety of statues that allowed for property seizure, it is strongly recommended that claimants obtain legal advice before pursuing claims.
Tenant Rights: Upon completion of the judicial process, a successful claimant must take the judicial decision to the mayor's office to register the property. After registering title to a property (including, if necessary, overturning the prior registration of a previous claimant to the same property), the property owner still must cope with the statutory rights of the tenants.
Under Romanian law, restitution of the property is not sufficient grounds to cancel an existing lease. Law #112/1995 gives tenants the right to extend their rental contract for five years at the same rent. Price controls and fixed exchange rates, which continued in Romania until 1997, resulted in very low rents. Rental contracts dating from 1995 or earlier often require rents of just a few cents per month at current exchange rates. It was not until April 1999 that municipalities increased rents.
Compensation for improvements: Before occupying the property or receiving rent for it, the property owner is required to compensate the tenant for any improvements the tenant made during the entire period the property was occupied. Until the improvements are compensated, tenants are not liable for rent either to owners or to their former landlord (the State) which no longer "owns" the property nor is entitled to receive rent from it.
While rents have not kept pace with inflation, the costs of labor and other construction inputs have. The result is that compensation for improvements – even if they were relatively minor – can be very expensive. A successful claimant who has reimbursed tenants for improvements is entitled to rent, but is also liable for taxes on the current market value of the property. Property values in the unstable Romanian market have increased ten-fold in many areas since 1989, and taxes have risen proportionately.
Thus while owners can regain title to their properties through the courts, they often cannot afford to complete the legal proceedings and register the title because of taxes, maintenance, and the reimbursement of improvements. Legislation to reduce the financial obstacles for owners is currently before Parliament.
Protocol Houses: The Communist government seized many homes and leased them as "protocol houses" at low or no rent to the nomenklatura. Many of the communist nomenklatura have returned to political life as members of the post-communist government, especially in the Democrat Party (PD), and the Socialist Party (PDSR). A few of these individuals have purchased their protocol houses under a governmental decree issued in 1996.
In 1992, the Government Protocol Office (Biroul de Protocol al Guvernului) and the Office for Services to Diplomats (Biroul de Servicii pentru Diplomati) were reorganized into state-owned corporations, the Independent State Protocol Corporation (Regia Autonoma a Protocolului de Stat) and the Diplomatic Housing Corporation (Regia Locato). As a result, protocol and diplomatic properties are no longer considered state properties, and can be reclaimed by suing the appropriate Regie. According to Law 112/1995, buildings that are administrated by Regia Autonoma and Locato can not be sold to a tenant, but are eligible for restitution. While lawsuits against Regia Locato have been successful, there have been no successful claims involving protocol properties.
The issue of protocol houses has periodically been a point of dispute between the Peasant Party (PNTCD) and the Liberal Party (PNL) on one side, and the PD and PDSR on the other. The first two parties have supported the restitution of such properties, the latter have generally favored the rights of tenants and those who purchased the houses they occupied.
Agricultural and Forest Lands
Collectivization began in Romania in 1948 in the form of "associations." These associations came in two forms: the
Agricultural Collective Enterprise, Cooperative Agricola de Productie (CAP), and the State Agricultural
Farm, Intreprindere Agricola de Stat (IAS.) The pieces of land that comprised the CAP were generally small
lots taken from private owners, who were often peasants. IAS was formed by the confiscation of larger pieces of land
formerly owned by members of the aristocracy. The drive to collectivize fluctuated during the next several years and was
pursued with vigor only after 1957. Collectivization was declared completed across the country in 1962 but had been concluded
in many villages well before this date. The IAS cooperatives (e.g. orchards, vineyards, and green houses) received
significant financial and technical support from the state before 1990, which greatly increased the value of that
property.
In addition to the CAP and the IAS, the State created agricultural research institutes. After 1990, landowners whose lands are used by research stations receive only a fixed income from leasing their land since the research stations are not-for-profit institutions. These landowners cannot sell their land nor work it as they desire.
The restitution of agricultural and forest land began in 1991 when the National Salvation Front, through Law 18, restituted agricultural land up to 10 hectares and up to 1 hectare of forest land to Romanian citizens. However, this entitlement applied only to nationalized properties that were part of the CAP. Farmers who joined a CAP after 1950 received the right to claim their lands again in the future. Specialists who worked for the cooperative and supervisors at the enterprise also received rights to a portion of the enterprise's land under the 1991 law.
In many cases, individuals filed conflicting requests for the same 10 hectares of property, and courts awarded title for the same parcel of land to more than one individual. Those who arrived first at the registration office received title to the property. Competing claimants then challenged the titles.
Within a few months, the entire title-granting process stopped. At present there are thousands of pending cases as a result of this process. Even individuals who have won clear title to their land do not have the right to sell it because they are required to offer the land first to the state and second to their neighbors before they can sell it to the highest bidder. Despite all of these difficulties, approximately eight million people received small parcels of land/forest under this law.
Law #169 of 1997 expanded the 1991 law to give claimants up to 50 hectares of agricultural land and up to 10 hectares of forestland. Law #169 also allowed dual nationals (e.g. people holding American and Romanian citizenship) and religious denominations to apply for the restitution of land and forests. The 1991 law only applied to Romanians who solely held Romanian citizenship and did not extend benefits to religious groups. Law #169 does not provide for the actual restitution of the land and forest, but only sets the upper limit on the number of hectares that could be claimed. The deadline for applications was originally 90 days from the publication of the law (November 7, 1997.) The Government later extended this deadline to December 31, 1998.
Until 1999, the Romanian government did not address the return of IAS lands. After 1991, the government issued workers or former owners non-transferable shares in the enterprise. Recipients had the right to share in the profits generated by the farm, but not to occupy the land nor sell their shares. With the issuance of Emergency Ordinance #198 on December 13, 1999, shareholders now have the right to sell or transfer their shares and IAS lands can be privatized. This ordinance is currently in effect, pending action by the Parliament to confirm, revise or reject it.
Parliament approved the authorization bill for Law 169 in January 2000, more than two years after Law 169/1997 was enacted. The 1997 law only gave former owners the right to claim land, whereas the January 2000 authorization bill, known as the "Lupu Law," actually provides for the return of up to a total of 50 hectares (including the 10 hectares authorized under the 1991 law) of agricultural land from state farms and a total of up to 10 hectares (again including the 1991 land) of forestland. The government estimates that the Lupu Law will enable the restitution of 2.5 million hectares of forestland and 1 million hectares of agricultural land. The law also provides for cash compensation if the Romanian Government is unable to return land for various reasons, e.g. the land has been improved and comparable farmland is no longer available in the region. Subsequent legislation is necessary to provide funds to enable the payment of compensation.
Implementing regulations published March 14, 2000 clarify the means for enforcing the legislation. These regulations require the Rural Development Agency, an organization that has existed under various names for several years, to inventory land eligible for restitution and establish the value of land that cannot be returned. This valuation process will rely on old records. For land that is eligible for return, local commissions, originally created by the 1991 law, will authorize the actual land transfers. Depending on local conditions, the local commission can return the same land, different land or authorize compensation in lieu of land. These decisions are appealable first to the county council and, if unsuccessful, to the courts.
Although it seems to resolve several issues created by previous land restitution laws, the Lupu Law has yet to be fully applied. For example, many prefect offices have not re-established local commissions, legislation to establish the future of state forestry personnel has not been passed, and some of the related implementing regulations may be unlawful.
Religious/Communal Property
Romania has passed few laws that affect the return of religious and communal property. Many communal and religious properties have been returned to rightful owners on a case-by-case basis as a result of inter-faith negotiations or specific ordinances issued by the government. However, the Romanian Government only accepts claims from religious denominations currently recognized by the state. These denominations are: Orthodox, Catholic, Greek Catholic, Calvinist, Evangelic, Unitarian, Armenian, Baptist, Old Write, Pentecostal, Adventist, Christian Evangelic Cult, Romanian Evangelic Cult, Jewish and Muslim.
A large portion of religious property is comprised of real estate expropriated by the government from the Greek Catholic Church of the Byzantine Rite in 1948. The government eventually turned the property over to the Romanian Orthodox Church. The Romanian Orthodox Church has repeatedly disapproved of any draft legislation that would allow the return of any religious properties, even though many are unused. Over the past few years, however, individual Orthodox leaders have quietly negotiated some agreements with Greek Catholic leaders on a local level concerning disputed properties. The Romanian Orthodox Church has approved these local agreements, and the government has issued limited decisions allowing restitution of some properties. From a total of over 2600 Greek Catholic churches only 136 churches have been returned to date.
Building on these limited successes, Greek Catholic and Orthodox leaders met in Bucharest in late October of 1998 in an attempt to work out a global settlement of all remaining property disputes. These negotiations however, have failed to result in agreement.
A smaller segment of disputed religious and communal properties involve minorities such as Jews, Hungarians and other groups. Again, there has been some progress in returning properties in this category, although it has been the result of periodic political pressures, rather than the result of a legal process or inter-faith negotiations. For example, in response to various lobbying efforts, the Government of Romania issued an ordinance in 1998 to return 17 properties to various ethnic communities in Romania: three to the German community, one to the Bulgarian community, one to the Turkish community, one to the Greek community, one to the Serbian community, one to the Armenian community and eight to the Hungarian community.
During Prime Minister Radu Vasile's September 1998 visit to Israel, the Government of Romania announced a government ordinance that would return six properties to Jewish organizations in Romania. In fact, there was no new ordinance in September 1998; the Government of Romania apparently was referring to an ordinance issued in May of that year under which up to nine properties could be returned to Jewish organizations. The Jewish property issue is complicated by the occasional disagreement between internal Jewish organizations and those lobbying from outside Romania, as well as by the poverty and declining numbers of Romanian Jews. There are two organizations active in Jewish property issues in Romania: the Romanian Jewish Federation (RJF) and the World Jewish Restitution Organization (WJRO). Both organizations deal only with community property, not with property claims of individual Jewish families.
These two groups established the Caritatea Foundation after 1990 to administer newly restituted properties. Besides the WJRO, other Jewish individuals and organizations outside Romania have shown interest from time to time in the Jewish property restitution situation in Romania. The local Jewish community maintains that some interventions from outside Romania have been counterproductive. For example, just after President Iliescu promised to sign an ordinance in 1995 to transfer some properties, legislators in Israel denounced the Government of Romania for failing to follow through on past promises to return properties. As a result, Iliescu did not sign the ordinance reportedly because he did not want to appear to be giving in to Israeli pressure.
In some cases, the local Jewish community has adopted a more cautious approach to reclaiming property. Once any organization regains title to properties, it becomes liable for taxes, which can be a heavy burden. One such example is the Jewish State Theater. The Jewish community has purposely delayed completing legal title procedures because once it regains title it must pay operating expenses, taxes and repairs.
RECORDS
A major obstacle for individuals attempting to resolve their property cases is the fact that there is no central organization that officially records property ownership. Local authorities and church officials keep records in ledgers. It is often extremely difficult to find out about – and keep track of – competing claims for the same property.
In order to pursue a property claim of any kind, individuals and organizations need to document ownership or inheritance rights, if relevant. During the turmoil of World War II, families often lost documents and some legal archives were destroyed. Some records were also taken to the Soviet Union and never returned (as a rule Romanians do not have access to Russian archives).
In Transylvania, some archives relating to Hungarian religious and communal ethnic properties (which did not include property owned by individuals) were taken to Budapest, where it is difficult to get access to them. Registration documents for property owned by individuals are still obtainable since they are listed in Transylvania's extensive Registration Book, which includes information dating back to the former Austro-Hungarian Empire. Transylvania is the only region with a "Registration Book" that includes information about the land such as ownership, location and size. To upgrade information on land in Romania’s other two regions, the Parliament adopted a new law in September 1999 establishing a uniform system for the registration of land titles. This law is still in the early stages of implementation.
Even if documentation exists in the archives, local rules or inexperienced officials complicate access. Finally, the type of documentation available to claimants varies, depending on when and under what circumstances they lost rights to their property.
Even if an organization is entitled to regain its land or forest, owners must submit the original bylaws of the organization (church, community etc.) that was deprived of its property. In some cases, this is impossible as many of these documents date back to the beginning of the 20th century. The Hungarian churches seem to be most affected since the Hungarian Army took part of the archives to Budapest when retreating from Transylvania in 1944.
In addition to demonstrating a clear claim to property, claimants need to demonstrate that the property was not taken in accordance with Romanian law. For example, Law 90/1950 stated that the government could seize the property of "exploiters of the masses." In essence, the Communist regime tried to demolish the idea of "property, and used terms such as "exploiters of the masses" to refer to people considered "inconvenient" to the regime and people who owned properties or even employed one person. A property seized under this law can be restituted only if the claimant can demonstrate that the owner was not an "exploiter" by showing proof of the owner's employment. If the former owner was a business owner before the communists took over, then the property can be restituted only through a new law or government ordinance. This is consistent with the principle that courts can restitute property taken contrary to Romanian law, but a post-communist ordinance or law is necessary to restitute property seized under laws in force at the time of seizure.
CONCLUSION
The process for restituting property in Romania is complex and varies tremendously depending on how the property was seized, its current use and its current state of development. Property restitution can also be time consuming and expensive, with many potential obstacles that a claimant must overcome. As a result, as previously stated, it is strongly recommended that claimants obtain legal advice before pursuing claims.
Quick Reference
- Citizenship:
- If currently a Romanian citizen: Continue
- If not currently a Romanian citizen: Stop!
The requirement under current law is that to be entitled to immediate restitution or compensation a property claimant must be a Romanian citizen or have started the procedures to become a citizen at the time of filing the claim. Foreign nationality is generally not considered a barrier to compensation as long as the claimant is at least in the process of applying for Romanian citizenship when the case is heard in court.
- How Property was Seized:
- Property taken contrary to the law then in effect: Continue
The courts have the authority to hear such cases and to restore the property.
- The property was taken in accordance with contemporary law: Stop!
It can only be restituted by government decree - Even if a government decree is issued, the local mayor’s office has the final responsibility for adjudicating any title disputes and ensuring that there are no conflicting claims.
- Three Categories of Property:
- Dwellings
- Courts decide most dwelling restitution claims. This can be a lengthy process, especially if the losing party decides to appeal. Under the Romanian legal system, the appeal repeats the entire trial process. Upon completion of the judicial process, a successful claimant must take the judicial decision to the mayor’s office to register the property.
- Statutory Rights of the Tenants (#112/95):
- Tenants have the right to extend their rental contract at the same rent for five years from the date of a successful restitution claim.
- Tenants have the right to reimbursement from owners for any improvements they have made in the dwelling. Before occupying the property or receiving rent for it, the property owner is required to compensate the tenant for any improvements the tenant made during the entire period property was occupied. Only after meeting this requirement is the property owner entitled to receive rent.
- Rents could not be raised until April 1999.
- The result is that while owners can regain title to their properties through the courts, they often cannot afford to complete the legal proceedings and register the title lest they become liable for prohibitive costs.
- Protocol Houses: During the communist era, many homes were seized and leased at low or no cost to members of the Nomenklatura as private residences (also known as protocol houses). In 1992, the Government Protocol Office, Biroul de Protocol al Guvernului, and the Office for Services to Diplomats, Biroul de Servicii pentru Diplomati, were reorganized into state-owned corporations, the Independent State Protocol Corporation, Regia Autonoma a Protocolului de Stat, and the Diplomatic Housing Corporation, Regia Locato. As a result, protocol and diplomatic properties are no longer considered state properties, and can be reclaimed by suing the appropriate Regie
- Agricultural Lands/Forests
- Restitution is most advanced in this category.
- (Law 169/1997) Former owners were entitled to file claims for up to 50 hectares of agricultural land or up to 10 hectares of forestland.
- This entitlement refers only to nationalized properties.
- The two types of Agricultural Collective: Agricultural Collective Enterprise (CAP)—small parcels of land producing agricultural products with little state investment, State Agricultural Farm (IAS)—larger areas of land that received heavy state investment.
- Lupu Law went into effect January 2000, allowing for the actual restitution of properties for claims of up to 50 hectares of agricultural land or up to 10 hectares of forestland.
- When land is developed, the former owner loses any claim to the land. As a result, many current owners rush to develop a property when they learn that a claim is being researched or filed. Due to lengthy research times and court hearings, this tactic is frequently successful in blocking restitution.
- Religious/Communal Property
- A large segment of the property in this category that is in dispute is comprised of real estate expropriated from the Greek Catholic Church of the Byzantine Rite in 1948 and eventually turned over to the Romanian Orthodox Church.
- Some of these properties have been restored on a case by case basis as a result of inter-faith negotiations or unilateral acts (ordinances) issued by the government
- (Sub category: dwellings and undeveloped land which, after being nationalized, was used for public purposes by state organizations. Real Estate in this sub category is designated as public property.)
- Seek legal counsel
The Embassy can provide a list of local lawyers who can assist with a property restitution claim.
This is a list of Romanian Attorneys who speak English and have expressed an interest in assisting U.S. citizens. The U.S. Embassy assumes no responsibility for the actions or fees of the individuals listed
For More Information:
The Committee for Private Property (CPP), a nonprofit organization established in the summer of 1997 to guide and coordinate the efforts of many individuals trying to regain their properties confiscated by the past communist regime of Romania, has two office locations:
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In the United States:
Romanian-American Committee for Private Property
P.O. Box 103
Pompton Plains, NJ 07444-1060
Tel. 973-616-7711
Fax 973-616-9444
Web: http://www.romhome.org/
Email: cpp@romhome.org
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In Romania:
Mircea Corivan, Vice President for Romania
Calea Mosilor Nr. 256, Bl. 2, Sc. 1, Ap.1
Bucuresti, Sector 2
Tel. +40 1 210-5015
Tel./Fax +40 1 250-3800
Email: corina@pcnet.ro
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The Commission on Security and Cooperation in Europe, an independent agency of the U.S. Government mandated to monitor and encourage compliance of the participating States with the Helsinki Final Act and subsequent documents, also has resource information for Americans trying to learn more about property restitution in Romania:
Commission on Security and Cooperation in Europe
234 Ford House Office Building
Washington, DC 20515
Tel. 202-225-1901
Fax 202-226-4199
Web: http://www.house.gov/csce/
Email: csce@mail.house.gov
The Property Restitution in Romania Staff:
Consul General: Stephen R. Pattison
Editors: David Gooding, Carolyn Johnson,
Gail Johnson, Eryn Fisher, Robert Hart,
John Becker, Laura Calin
Design: Gail Johnson
Disclaimer: The American Embassy has prepared this information as a service to American citizens seeking property restitution in Romania. This information in no way serves as legal counsel nor does it involve the American Embassy in property restitution cases. The Embassy recommends that claimants seek legal counsel when pursuing property restitution claims.
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THE AMERICAN EMBASSY WILL IMPLEMENT NEW LAW ON AMERICAN PASSPORT APPLICATIONS FOR MINORS
On Monday, July 2, 2001, the Department of State and American consular offices abroad will begin implementation of a new law regarding the passport applications of minor U.S. citizens under age 14.
Under this new law, a person applying for a U.S. passport for a child under 14 must demonstrate that both parents consent to the issuance of a passport to the child or that the applying parent has sole authority to obtain the passport. Passport applications made at domestic U.S. passport agencies in the United States and at U.S. consular offices abroad will both be covered by this law. Exceptions to this requirement may be made in special family circumstances or exigent circumstances necessitating the immediate travel of the child.
The purpose of the new requirement that both parents' consent be demonstrated is to lessen the possibility that a U.S. passport might be used in the course of an international parental child abduction.
In order to bring age requirements into alignment, the age at which a minor may execute his or her own passport application is being raised from 13 to 14, effective July 2, 2001.
Parents having concerns about passport applications for any minor child who may become the victim of an international parental child abduction, including children between the ages of 14 and 18 who are not covered by this new law, should contact the Office of Children's Issues in the Bureau of Consular Affairs at (202) 663-2641.
Special requirements exist for minors under the age of 14. Please visit the Consular Affairs web site for more information at http://travel.state.gov/
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Job opportunities for American Citizens Residing in Romania/Bucharest
There are no job opportunities for the moment.
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