In the Official Gazette with the number 1043 from October 27, 2022 was published the MF Order no.3894 from October 18, 2022 for the approval of the Regulation of organization and functioning, as well as of the attributions of the Commission for the authorization of the foreign exchange activity, of the Procedure for the application and transmission of the fiscal attestation certificate, of the model of the authorization and the letter of attribution of the statistical code, as well as of the model of some declarations.
The Regulation of organization and functioning, as well as the powers of the Commission for the authorization of the foreign exchange activity, as provided for in Attachment no. 1, are approved.
The Procedure for requesting and transmitting the tax certificate, as set out in Attachment no. 2, is approved.
The model of the authorization for the organization and performance of the foreign exchange and traveller’s cheques cashing activity, as set out in Attachment no. 3, is approved.
The model of the statistical code award letter, as set out in Annex 4, is approved.
Approve the model of the notarial declaration on own responsibility proving the fulfilment of the conditions of functionality of the space, provided for in Annex no. 5.
The model of the declaration on own responsibility of the significant shareholders/partners, administrators or legal representatives of the entity, proving that they have not held/held in the last 5 years prior to the date of submission of the application for authorization this capacity in entities that have carried out/carry out currency exchange and travellers’ cheques cashing activities, as the case may be, without authorization/statistical code, is approved, as provided for in Annex no. 6.
The model of the declaration on own responsibility of the entity’s director(s), which shows that the conditions provided for in article 5 paragraph (1) letter a) and b) of the Government Decision no.1096 are fulfilled, is approved. /2022 for the approval of the authorization procedure of the foreign exchange offices that apply to carry out foreign exchange activities for individuals and for the cashing of traveller’s cheques, as well as of the entities that manage tourist accommodation structures with tourist accommodation functions, that apply to carry out operations of purchasing foreign currency from individuals and for the cashing of traveller’s cheques, and for the approval of the registration procedure of the foreign exchange bureaux, as provided for in Attachment no. 7.
The model of the declaration on own responsibility of the persons holding a management position within the entity and the persons who are the real beneficiaries of the entity, from which the fulfilment of the conditions provided for in Article 5 paragraph (6) of the Norms for the application of the provisions of the Law no. 129/2019 for preventing and combating money laundering and terrorist financing, as well as for amending and supplementing some normative acts, for the reporting entities supervised and controlled by the National Office for Preventing and Combating Money Laundering, approved by the Order of the President of the National Office for Preventing and Combating Money Laundering no. 37/2021, as provided in Annex no. 8.
Authorization of the entities referred to in Article 1 paragraph (1) of Government Decision No 1. 096/2022 for the approval of the authorization procedure of the foreign exchange offices that apply to carry out currency exchange activities for individuals and for the cashing of traveller’s cheques, as well as of the entities that manage tourist accommodation structures with tourist accommodation functions, which apply to carry out operations of buying foreign currency from individuals and cashing traveller’s cheques, and for the approval of the procedure of registration of the foreign exchange bureaux shall be carried out through the Commission for the authorization of foreign exchange activities, hereinafter referred to as the Commission, an inter-ministerial structure which carries out its activity at the headquarters of the Ministry of Finance.
The current activity of the Commission is carried out through the directorate within the Ministry of Finance with management responsibilities for the specific regulated areas, hereinafter referred to as the specialised directorate.
Decisions are taken by the Commission by a simple majority of the number of members present.
In the exercise of its powers, the Commission issues administrative acts in the form of decisions.
The decisions of the Commission are binding for all entities referred to in Article 1 paragraph (1) of the Government Decision no. 1096/2022.
The Commission shall meet at the Ministry of Finance’s premises on a monthly basis or whenever necessary to analyse situations requiring a decision. The meetings of the Commission are held, as a rule, with the physical participation of its members. In duly justified cases, meetings of the Commission may also be held online, using any electronic means communicated in the convening document.
The dates of the Commission meetings are published on the Ministry of Finance’s website after each Commission meeting for the following month.
The Commission shall be convened by its chairman or vice-chairman, including at the proposal of the relevant directorate.
The Directorate of Specialisation shall make available to the members of the Commission, at least two working days before the meeting, the agenda and the presentation notes for each documentation. At the same time as it is sent to the members of the Commission, the agenda is posted on the Ministry of Finance website.
Only applications with complete documentation, which have been submitted at least 10 working days before the date of the Commission meeting, are included on the agenda.
The documentation consists mainly of:
- applications for authorisation and/or registration, supported by the necessary documents;
- referrals received from the authorities responsible for control;
- referrals from entities or other economic operators.
Each document is presented to the Commission plenary by means of a note containing the proposed solution formulated by the specialised directorate providing the Commission secretariat and signed by its Director or his substitute, as appropriate.
The Commission shall examine each document on the basis of the note referred to in Article 6, in compliance with the provisions of these Regulations and the legislation in force.