Business Guide to Romania* - Bayern - Europa

Chapter 10 - Indirect Taxation
Parts and components imported by Romanian leasing
companies and used for manufacturing products that are
subsequently subject to domestic leasing agreements,
benefit from import duty exemption upon importation.
Verification of the Declared Customs Value
The customs value is determined and declared by
importers in accordance with the provisions of the WTO
Customs Valuation Agreement (i.e. the Agreement
pertaining to the implementation of Article VII of the GATT
Agreement).
The customs authorities have implemented a procedure of
control of the declared customs value of imported
commodities, basically using certain risk criteria (such as
geographical criteria, sensitive products criteria). If the
goods meet one of these risk criteria, the importer is
allowed to remove the goods from the customs office,
provided that the import duties are paid on the declared
customs value and guaranteed up to a level established
by the customs authorities based on statistical values.
The customs authorities may perform the control of the
customs value either during the customs clearance
process (as mentioned above) or during a post-import
audit (the customs authorities are entitled to perform such
an audit during a five-year period from the date of import
- i.e. the prescription term for customs operations).
Import Restrictions
In an attempt to liberalise import-export transactions,
Romania does not generally impose specific measures,
values or quantitative quotas on imports and exports from
or to other countries (except for certain agricultural and
food products). Therefore, a wide range of products can
be imported/exported without a license being required or
other commercial measures being imposed.
However, import/export licenses from relevant authorities
are required especially for commodities that are
considered as potentially dangerous for human health or
for the environment (such as certain chemical products,
certain types of waste and scrap) for commodities the
end-use of which is controlled (such as explosives) or for
products which could conceivably have a dual use (i.e.
both civil and military).
Customs Regime for Individuals
Imports: Exemption from import duties (i.e. customs
duties, VAT and excise duties, if applicable) is granted
under certain conditions for personal belongings brought
50 PricewaterhouseCoopers - Business Guide to Romania 2005
by foreign individuals who change their residence or
domicile in Romania, or who establish a secondary
residence in Romania. The exemption is also granted for
personal goods brought in Romania as a result of
marriage or legacy.
Travellers - either Romanian or foreign individuals - are
allowed to bring into the country the following items
without payment of import duties: limited quantities of
pharmaceuticals, personal jewellery, books, publications,
one litre of alcoholic drinks which exceed 22% by volume
or 2 litres of other alcoholic drinks, 2 litres of wine, 200
cigarettes or 50 cigars, 50 ml of perfumes, 250 ml of eau
de toilette and any other goods for personal use with a
total value of less than EUR 175. For quantities exceeding
those mentioned above (except for alcoholic drinks,
tobacco and perfumery items which must not exceed the
mentioned quantities), import duties become payable and
the applicable rates are those provided by the Romanian
customs import tariff.
Exports: Romanian and foreign individuals are also
allowed to take the items specifically mentioned above
out of the country without payment of customs duties.
10.3 Other Indirect Taxes
Excise Duties
There are two categories of products: products for which
the excise regulations are harmonised with EU legislation
(i.e. alcohol, cigarettes, mineral oils, electricity) and other
excisable products (i.e. coffee, natural furs, jewellery,
perfumes and some electrical domestic appliances such
as microwave ovens, video cameras, and air conditioning
units). Examples are listed in Appendix XI.
The first category of excisable products can be produced,
transformed, held, received or dispatched under a duty
suspension arrangement only in a tax warehouse, which
should have prior approval from the tax authorities. Tax
warehouses for storage purposes can be authorised only
for alcoholic beverages subject to marking and for areas
for oil sea terminals and warehouses for mineral oil
producers, provided that the ownership of the mineral oil
remains with the producers.
The movement of these excisable products under a duty
suspension arrangement has to be made based on the
administrative accompanied document (AAD).
The production, holding and movement of excisable
products under duty-free suspension arrangements is
subject to guarantee, except when the excisable products