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Conditions for Trading on the eMAG Marketplace Platform in the context of International Sanctions

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On eMAG Marketplace, the products traded are subject to specific conditions that are regulated by law and ensure the protection of both customers and merchants.

In the information below, we provide you with some details regarding the regime of International Sanctions.

What are International Sanctions?

International sanctions represent restrictions and obligations related to the governments of certain states, non-state entities, or natural or legal persons, adopted by the United Nations Security Council, the European Union, other international organizations, or through unilateral decisions of Romania or other states, with the aim of maintaining international peace and security, preventing and combating terrorism, ensuring respect for human rights and fundamental freedoms, developing and consolidating democracy and the rule of law, and fulfilling other purposes, in accordance with the objectives of the international community, international law, and European Union law.

International sanctions particularly target the blocking of funds and economic resources, trade restrictions, restrictions on operations with dual-use products and technologies and military products, travel restrictions, transport and communication restrictions, diplomatic sanctions, or sanctions in the technical-scientific, cultural, or sports fields.

What are the generally applicable legal regulations?

The applicable legal framework includes several provisions adopted at international or national level, among which we mention:

  • resolutions of the United Nations Security Council or other acts adopted under Article 41 of the United Nations Charter;
  • regulations, decisions, common positions, joint actions, and other legal instruments of the European Union or other member states, such as: Regulation No. 833/2014 concerning restrictive measures in view of Russia’s actions destabilizing the situation in Ukraine, Regulation No. 428/2009 establishing a community regime for the control of exports, transfer, brokerage services, and transit of dual-use products;
  • Emergency Ordinance No. 202/2008 on the implementation of international sanctions (“EO 202/2008”).

We inform you of the following regarding the generally applicable legal provisions:

  • At the national level, EO 202/2008 provides for the mandatory compliance with the legal regulations mentioned above, for all authorities and public institutions in Romania, as well as for Romanian natural or legal persons or those located on the territory of Romania.
  • At the European Union level, packages of International Sanctions have been periodically issued, targeting among others:
    • bans on the import of diamonds originating from Russia, exported from Russia, or transported through Russia, as part of a concerted effort of the G7, gradually starting from January 1, 2024 – direct import ban; up to the ban on laboratory-produced diamonds, jewelry, and watches, under certain conditions, applicable from September 1, 2024. By March 1, 2024, a robust verification and certification mechanism based on traceability for rough diamonds will be established within the G7.
    • bans on import operations of gold, including jewelry, originating from Russia; bans on the import of certain raw materials for steel production, wires, foils, copper and aluminum tubes and pipes, wood, paper, synthetic rubber, and plastics, etc., originating from Russia.
    • sanctions against Belarus in response to its involvement in the invasion of Ukraine or against Iran, in connection with the manufacture and supply of drones;
    • export restrictions for dual-use (military and civilian) and advanced technologies, including chemicals, thermostats, direct current motors, and servomotors for unmanned aerial vehicles (UAVs), machine tools, and machine parts.

 

What checks or formalities are required?

Below we mention some points that you should generally consider in the context of International Sanctions:

  • Checking the restrictions or limitations established regarding products, raw materials, or country of origin and applying them to the traded products;
  • Checking the sanctions lists, namely the legal entities or natural persons that are subject to sanctions in the context of partnerships or transactions concluded;
  • Licenses and authorizations: in certain cases, commercial companies may need special licenses to trade with certain countries or entities or to trade dual-use products. It is essential to obtain these licenses before starting transactions. Please consult the list of these countries or types of products and the relevant legislation, according to the links provided below.
  • Monitoring: Legislation regarding International Sanctions may change, so it is important to monitor the changes and adjust commercial practices accordingly.

 

General Consequences of Non-Compliance with the International Sanctions Regime

At national level, the violation of the rules established by EO 202/2028 constitutes an offense and is sanctioned with a fine between 10,000 lei and 30,000 lei and the confiscation of goods intended, used, or resulting from the offense. In addition to the sanction, one or more of the following complementary contraventional sanctions may be applied: a) suspension of the notice, license, or authorization to carry out an activity or, where appropriate, suspension of the activity of the legal person, for a period from one month to 6 months; b) withdrawal of the license or notice for certain operations or activities, for a period from one month to 6 months or permanently.

Therefore, you must ensure that you comply with the legal regulations applicable to International Sanctions, i.e., it is necessary for the products traded on the platform to conform to the aforementioned provisions.

In the event of receiving complaints, notifications or requests regarding the non-compliance with the aforementioned provisions that prove to be well-founded, the products listed on the eMAG Marketplace platform will be blocked. In the event that there are reports of non-compliance by sellers with the legal provisions regarding International Sanctions, we may take measures in accordance with the Terms and Conditions of use of the eMAG Marketplace Platform.

Informational sources you could consult:

https://www.onpcsb.ro/ro/c/9/sanctiuni-internationale

https://www.sanctionsmap.eu/#/main

https://www.consilium.europa.eu/ro/policies/sanctions/

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