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Position Papers


September 2017

AmCham’s proposed amendments to the Fiscal Code and its application norms submitted to the Ministry of Finance Taxation | Date: 09/28/2017

AmCham’s recommendations align the tax status of non-resident legal entities that become tax residents in Romania with the tax status of Romanian legal entities which are taxpayers in Romania.

AmCham Romania recommendations to the Sovereign Wealth Fund (Fondul Suveran de Dezvoltare si Investitii) Capital Markets | Date: 09/22/2017

AmCham’s recommendations cover the setup, corporate governance, transparency, financial reporting obligations and operational management independence of the Fund, in order to maximize its performance.

August 2017

Proposed amendments to the draft Decision amending the GD 1680/2008 - state-aid scheme for sustainable economic development Competition and State-Aid | Date: 08/22/2017

The draft Decision introduces mechanisms to cancel the financing agreements and totally or partially recover state-aid. AmCham proposed amendments clarify and limit the cases of cancellation and recovery to the elements included in the Government Decision and in the Financing agreement. AmCham highlights the need to have the recovery mechanism clarified, as well.

Position paper on excise matters Taxation | Date: 08/21/2017

The document lists the main issues the business sector has with the provisions in the Excise Duties Chapter in the Fiscal Code and its Application Norms (regarding alcoholic and non-alcoholic products, sanitary alcohol, energy products and electricity) and proposes solutions.

May 2017

Letter on parallel trade Health | Date: 05/31/2017

The letter addressed to President Iohannis highlights potential, immediate consequences that could appear in case the President promulgates the Draft Law amending Art. 800, paragraph (2) of Law 95/2006 on health reform.

Proposed Amendments to the draft Emergency Ordinance amending the public procurement package Structural Funds, Public Procurement and PPP | Date: 05/19/2017

The attached amendments were elaborated by the AmCham Structural Funds, Public Procurement and PPP Committee and target a better harmonization with the letter and spirit of the EU Directives, as well as a clearer regulation of the procurement of raw materials on authorized commodities exchanges and financial instruments on authorized markets.

April 2017

Recommended Amendments to State-Aid Schemes (regulated by GD 807/2017 and GD 937/2016) Competition and State-Aid | Date: 04/28/2017

The recommended amendments target mainly an improved access of projects to the state-aid budgets, a more efficient use of allocated budgets, and greater access of mid-cap companies to state-aid.

Proposed amendments on the Competition Council's Organization Competition and State-Aid | Date: 04/11/2017

Proposed AmCham amendments on the Competition Council’s Organization, Functioning and Procedure Regulation launched in public consultation. The proposed amendments target mainly safeguarding investigated companies’ right to defense and alignment with the EC’s procedures.

Suggestions on the new calculation methodology of Central Depository’s guarantee fund Capital Markets | Date: 04/11/2017

Suggestions elaborated by the Capital Markets Committee on the new calculation methodology of Central Depository’s guarantee fund.

Trade Legislation Inventory Competition and State-Aid | Date: 04/07/2017

The attached inventory is to be shared with relevant authorities (ANPC first) in an effort to eliminate obsolete provisions, cut duplications, up-date trade related legislation, streamline and simplify such legislation for an easier enforcement by authorities and easier compliance by companies.
The inventory is a joint project of members of the AmCham's Taxation Committee and Competition & State-Aid Comittee.

March 2017

AmCham Romania Position on Revision of the Posting of Workers Directive Labor | Date: 03/24/2017

AmCham Romania recommends maintaining the current form of the existing Posting of Workers Directive with a revision of its implementation in not less than 5 years.

February 2017

Position document on the measures with fiscal impact in the Governing Program Taxation | Date: 02/27/2017

Position document on the measures with fiscal impact in the Governing Program. The document was elaborated and agreed by the Taxation Committee. It covers: transparency, stability, predictability and sustainability, flat tax, the Economic Code, fiscal relaxation measures, R&D, Anti-Tax Avoidance Directive, fiscal evasion and unofficial work.

Proposals on ANRE’s (National Agency for Energy Regulation) draft Regulation on the investigation procedure on the energy wholesale market Energy | Date: 02/23/2017

Proposals on ANRE’s (National Agency for Energy Regulation) draft Regulation on the investigation procedure on the energy wholesale market. The proposals have been jointly elaborated and agreed by the Energy and Competition&State-Aid Committees. The proposals are aimed at safeguarding investigated companies’ right to defense, the client-lawyer privilege, clarifying the investigation procedure, and harmonizing the provisions with existing legislation and directives.

Position letter on GD 807/2014, the state-aid scheme for large investments Competition and State-Aid | Date: 02/21/2017

 Position letter on GD 807/2014, the state-aid scheme for large investments, proposing measures to improve the impact of the state-aid scheme into the economy and companies’ opportunities to access it.

Position letter on GD 937/2016, state-aid scheme for SMEs Competition and State-Aid | Date: 02/21/2017

 Position letter on GD 937/2016, state-aid scheme for SMEs, proposing measures to improve the impact of the scheme in the economy, reduce bureaucracy and asking for clarifications.

Recomandations for the clarification of PPP secondary legislation Structural Funds, Public Procurement and PPP | Date: 02/20/2017

The position paper makes recommendations in the areas the where the PPP secondary legislation, currently under elaboration by the Ministry of Finance, should come with clarifications in order to have the PPP Law resulting into successful projects.


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2017 USA Trade Guide 2017 USA Trade Guide
Member of the AmChams in Europe Network Member of the AmChams in Europe Network
Coalitia pentru Dezvoltarea Romaniei Coalitia pentru Dezvoltarea Romaniei
U.S. Business Visa Facilitation Program for AmCham Romania Members U.S. Business Visa Facilitation Program for AmCham Romania Members
U.S. Commercial Service U.S. Commercial Service