ROMANIA: 2004 ANNUAL TERRORISM REPORT

UNCLAS SECTION 01 OF 02 BUCHAREST 003445

SIPDIS

FOR EUR/NCE - WILLIAM SILKWORTH
ALSO FOR S/CT AND TTIC

E.O. 12958: N/A
TAGS: PTER ASEC PGOV PREL MOPS ECON RO NATO
SUBJECT: ROMANIA: 2004 ANNUAL TERRORISM REPORT

Ref: State 245841


1. Post's submission in "Patterns format," updating last
year's "Patterns of Global Terrorism" report (reftel)
follows:
Romania is a staunch ally of the United States in the global
war against terrorism, providing full public and diplomatic
support for US goals to counter terrorism. In 2004, about
1,200 Romanian troops served at any one time in Iraq and
Afghanistan, and Romania has promised to maintain its
commitment of troops through mid-2005. Romania has made its
airspace, ground infrastructure, and naval facilities
available to US and NATO forces engaged in the global war
against terrorism and senior government leaders have
promised to continue to do so in the future.
The Romanian Government has established internal mechanisms
to combat terrorism, including adoption of a "National Anti-
Terrorism Strategy" and guidelines to prevent the use of the
Romanian financial and banking system for the purpose of
financing terrorist acts. As part of its national
strategy, Romania adopted legislation in 2004 that
delineates the responsibilities of Romanian government
institutions in battling terrorism, providing a clearer
framework for interagency coordination and cooperation.
Bucharest is the site of the Southeast European Cooperation
Initiative, a regional center that provides law enforcement
training and intelligence sharing on transborder criminal
activities, including terrorism, for 12 member countries in
Southeastern and Central Europe.
Romania has fully ratified all 12 UN counter terrorism
conventions.
Romania has adopted adequate legislation to address
financial crimes and terrorist financing. Nevertheless, its
strategic location bordering Ukraine, Moldova and Serbia
makes Romania vulnerable to money laundering and other
financial crimes that potentially finance terrorist
organizations. Romania's weaknesses include the lack of
timely reporting of suspicious transactions and other
evidence of criminal activity by Romanian banks and
insufficient resources (funds and personnel) directed by the
Romanian government to prosecuting financial crimes.

2. In the following addendum, post includes relevant
developments during 2004, which demonstrate Romania's
commitment to battling terrorism:
- Romania adopted on November 25 Law 525, a "Law for
Preventing and Fighting Terrorism," as part of its National
Anti-terrorism Strategy. The law delineates the
responsibilities of Romanian government institutions in
battling terrorism, providing a clearer framework for
interagency coordination and cooperation. The legislation
also aims to provide a unified juridical approach to
terrorist activities, including establishment of clear
definitions of terrorist activities.
This law provides for a special procedure to authorize
electronic interceptions for threats against national
security, including terrorist acts. Governmental
institutions with competence in the field of national
security must forward a written request for authorization to
the General Prosecutor of Romania. If the request is found
to be justified, the General Prosecutor submits it to the
President of the High Court of Cassation and Justice. The
final decision is made in chambers by a group of specially
designated judges, after a careful analysis. The warrant
cannot exceed 6 months, but it may be extended several times
for 3 months in justified situations. The extension must
also be decided by special judges designated by the
president of the High Court of Cassation and Justice.

The law also provides that in exceptional circumstances
(when a present and clear danger to the national security
occurs) governmental institutions may begin to intercept
communications without the proper warrant issued by the
judiciary. The request for authorization must be submitted
within a maximum of 48 hours from the commencement of the
interception.

- The GOR approved a list of persons and companies suspected
of engagement in terrorist financing, citing 90 persons and
40 companies engaged in terrorist financing. In November,
the GOR asked parliament to enact a draft "Law on Fighting
Against Money Laundering and Terrorism." This proposed
legislation includes substantive and technical measures
aimed at fighting terrorist financing by tightening anti-
money laundering legislation.

- In June of 2004, the GOR responded to criticism of its
National Office for the Combating and Prevention of Money
Laundering (Romania's Financial Investigation Unit or FIU)
by replacing its management. The new management has taken
aggressive action to increase the efficiency and security of
the office and to improve its relationship with law
enforcement institutions, other FIUs, and the banking
industry. Reforms have included new procedures and time
limits for analyzing and reporting suspicious transactions.

- On November 23, 2004, legislation (Law 508) went into
effect that reorganizes police and prosecutorial resources
into a directorate under the authority of the prosecutor
general for the investigation of organized crime and
terrorism. The directorate is authorized to create a
database from which it can develop proactive investigations
of offenses within its jurisdiction.

- The GOR has ratified the 1997 UN "Convention for the
Suppression of Terrorist Bombings". Romania has now
ratified all 12 UN anti-terror conventions.

- The GOR has enacted legislation ratifying the Protocol
amending the European Convention for Suppressing Terrorism,
enacted in Strasbourg on May 15, 2003. The Protocol
concerns penal measures aimed at fighting terrorism,
including definition of crimes, establishment of sentencing
guidelines and definition of extradition rules.
- The GOR modified the Penal Code to contain a new, distinct
chapter titled "Crimes and Terrorist Acts" which
specifically penalizes terrorist-related crimes, such as
terror killing, threats, and financing of terrorist acts.
CROUCH