Importers balk at Govt. ordinance

Finance Ministry’s promises about modifying the law that amends Ordinance 61/2002 on collecting debts to the budget do not seem to have convinced the merchants or at least the representatives of the Romanian Business People Association (AOAR). They say the Finance Ministry’s modifications did not come soon enough, as the law was published and enforced in the meantime.
“New modifications need a long and complicated procedure. Us incurring losses or not is not the point here, this is rather a matter of principle, of procedure: laws are enacted without consulting the business community first,” Monica Tatoiu, Oriflame Romania general manager and AOAR member, said.
Law 79/2003, which modifies Ordinance 61/2002, binds importers to pay the customs duties either before the merchandise reaches the customhouse or when the merchandise is already there. If they choose the second option, they have to wait until payment is confirmed, and therefore have the trucks stuck there and pay penalties for the too long stay at the customhouse.
The authorities admitted the law had certain unclear issues and stipulations that complicated things for both importers and customs authorities, and promised to address this by modifying another ordinance (36/2003), to be enacted by the Parliament. The old regulation was modified as to allow the customs authority to clear the goods imported upon proof of customs duties payment, without having to wait for the money to reach the Treasury’s accounts. However, until the new ordinance comes into force, the merchants will still have to pay additional taxes at the customhouse.
Tatoiu says these legislative measures reintroduce the customs duties, which her company did not have to pay because imports from the EU are customs duties exempt.
“The penalties are worth 0.6% a day, and if a truck is stuck at the customhouse for four days, they reach 0.24%. These are actually black market customs duties. The problem here is the initial approach. If an economic operator fills a money order and the money leaves the bank, I find it highly illogical to have the operator in question pay penalties, because the banking system has certain issues to address. How do I record these penalties as far as my business is concerned?”
claudia.covaci@zf.ro