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Legal framework

Legal framework

The legal framework regarding development financing in the framework of the national development cooperation policy is represented by Law no. 213/2016 which regulates the development cooperation and humanitarian aid activities financed from Romanian public funds, the programmatic and institutional framework, the financing and implementation framework in the field of development cooperation and humanitarian aid.  

Areas of activity

According to article 4 of Law 213/2016:

  • International development cooperation and humanitarian aid consists of all measures undertaken and financed by Romania for international development;
  • Humanitarian aid represents the set of activities undertaken with a view to delivering aid and support to people in need, in case of large-scale natural disasters, famine and malnutrition or other emergency situations or as a result of conflicts, as well as providing assistance and support in the prevention, rehabilitation and reconstruction programmes;
  • Development education consists of the transfer of knowledge and skills required for respecting each person’s right of access, throughout their life, to the opportunities to understand and undertake the global concerns in the field of development and the local and personal relevance of such concerns, and to assume the rights and responsibilities accruing to them as inhabitants of an interdependent and changing world;
  • Development awareness-raising comprises the activities intended to promote better understanding and social accountability relative to the causes of poverty and the social structures promoting them;
  • Communication in the field of development is the continuous social process relying on dialogue, aimed at getting the interested parties involved, establishing media and channels that promote the exchange of information, assessing the risks and opportunities, strengthening trust and social mobilization.

Institutional framework

The Ministry of Foreign Affairs is the coordinator of Romania’s development and humanitarian aid policy. It monitors progress made in achieving the objectives and commitments assumed by the Romanian state, reports, on an annual, basis to the Government about the activities carried out and concludes funding agreements with the programmes’ beneficiaries (Law 213/2016, art.5(1)).

The Advisory Committee in the field of international development cooperation and humanitarian aid is responsible for ensuring the unity of strategic planning and consensual establishment of geographic and thematic priorities relative to the development cooperation in the activities carried out by the Romanian state. The Committee is composed of representatives of specialized institutions, of the civil society, of the academia and of the business environment (Law 213/2016, art.7).
The Agency for International Development Cooperation is responsible for both strategic planning and implementation of programmes in the field of international cooperation for development and humanitarian aid. The Agency will fulfill specific attributions related to the field, such as budgetary programming, budgetary execution, monitoring, evaluation and reporting towards national institutions and international organizations about the actions undertaken by Romania (Law 213/2016, art. 5(2))

Programmatic framework

The Ministry of Foreign Affairs develops, in consultation with the Advisory Committee:

  • The Strategic multiannual development cooperation programme - the document containing the priorities in the field of development cooperation and their implementation methodologies for at least 4 years (Law 213/2016, art. 8);
  • The Annual development cooperation plan – the document scheduling Romania’s specific activities under the development cooperation and humanitarian aid policy for the financial year (Law 213/2016, art.9);

These documents must be approved by the Romanian Government.

Financing and implementation framework

The funds allotted to the international development cooperation and development aid activities may be used according to the following procedures:

  • Direct implementation (Law 213/2016, art. 12) - made directly by the Ministry of Foreign Affairs or its structures through:
    • Public procurement of goods, works or services
    • Donations
    • Expertise transfer
    • Granting scholarships or awards;
  • Indirect implementation (Law 213/2016, art. 13-15) - by transferring funds to the beneficiaries under a funding agreement or an order issued by the Minister of Foreign Affairs. May consist of:
    • Grants - direct financial contributions, awarded  under an open competition in the form of a call for proposals (Law 213/2016, art. 16);
    • Direct budget support  - the transfer of financial resources to public entities from other states in order to achieve certain development objectives (Law 213/2016, art. 17);
    • Voluntary contributions - granted to an international organization to their budget or to the budget of entities managed by them, and may be conditioned or not by a specific intended use or specific actions (Law 213/2016, art. 18).

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