Import Taxes and Their Impact on Romanian Companies
Dr. Radu Pavel, Coordinating Attorney of the Romanian Law Firm Pavel, Mărgărit and Associates, emphasizes the importance of understanding the commercial and legal implications arising from the new international customs policies, as well as the need for a prompt and well-substantiated response from affected companies, including those in Romania, to safeguard their economic interests and avoid the negative consequences of abusive or incorrect customs decisions.
The Trump Administration has announced that new import taxes will come into force on imports from countries such as China, Mexico, and Canada. These measures will lead to higher prices for goods entering the United States, but their effects will also be felt in Europe, including Romania. Even though our country is not on the blacklist, Romanian companies may be indirectly affected.
How can a Customs Decision Be Challenged in Romania?
In Romania, challenging a decision issued by the customs authority requires filing an administrative complaint, which must be submitted to the authority that issued the decision. This can be done within 45 days of receiving the decision notification or the administrative act that determined the customs obligation.
At this stage, individuals or companies in Romania who consider themselves harmed by imposing an incorrect customs duty, misclassifying goods, or any abusive customs decision may submit a written complaint. The complaint must be substantiated with supporting documents such as commercial invoices, customs declarations or transport documents.
Additionally, those contesting a customs decision may argue that the decision is legally incorrect based on customs regulations or applicable trade treaties. The customs authority will review the complaint and issue a response. If the complaint is rejected, the next step involves taking the matter to court.
Challenging a customs decision in court
Legal action must be filed within 30 days of receiving the response to the administrative complaint. The court will analyze the legality of the customs authority’s decision and verify whether it complies with current legislation. If the trial court rules in favor of the party contesting the customs decision, the authority must take appropriate corrective measures. Otherwise, the dissatisfied party may file an appeal with the Court of Appeal within 15 days from the notification of the ruling. The Court of Appeal will thoroughly assess whether the Tribunal correctly applied the law and may uphold or amend the decision.
„All these international tax updates in Romania can represent a real challenge for a company in Romania. Even if not directly targeted, companies can be indirectly affected through supply chains, increased costs or customs delays. Adapting to this new global context requires a sound understanding of international trade regulations and correctly interpreting applicable legal provisions. With the support of a lawyer for taxes in Romania or a tax attorney in Romania, risks can be significantly reduced, allowing companies to remain competitive and compliant with current requirements,” said Dr. Av. Radu Pavel, Managing Partner of the Romanian Law Firm Pavel, Mărgărit, and Associates.
Types of decisions issued by customs authorities
Customs authorities in Romania may issue several types of decisions, depending on the nature of the control and the findings. The most common are decisions to regularize additional tax obligations. These arise after a customs inspection during which inspectors find that certain customs duties and import taxes in Romania, such as VAT or import duties, were omitted or incorrectly declared and issue a decision imposing the payment of the resulting differences.
Authorities may also issue decisions concerning the application of customs or other import taxes in Romania in cases of suspected undervaluation of goods or incorrect declaration of origin. Additionally, when a company requests the reimbursement of overpaid or erroneously paid customs duties, the authority may reject the request if the legal conditions are not met.
Furthermore, sanctioning decisions, including fines and other contravention measures, may be issued when violations of customs regulations are found. Customs authorities may also implement administrative control and monitoring measures, including the temporary detention of goods or the refusal of entry into the country.
- Published in News
U.S. Temporarily Suspends Visa-Free Travel for Romanian Citizens
In a significant policy shift, the U.S. Department of Homeland Security has halted the Electronic System for Travel Authorization (ESTA) rollout for Romanian citizens. This suspension forms part of a broader review into Romania’s eligibility for the Visa Waiver Program (VWP), ensuring that the country meets the program’s rigorous security criteria.
What Prompted the Pause?
An official statement from DHS explained that the review was initiated to verify Romania’s compliance with the strict security standards required by the VWP. Until this evaluation is complete, Romanian travelers wishing to visit the United States for short-term business or tourism must apply for a nonimmigrant visa at a U.S. embassy or consulate.
Background on Romania’s VWP Inclusion
Romania was designated as the 43rd country eligible for the VWP on January 10, 2025, with plans to implement visa-free travel starting around March 31, 2025. This new policy was expected to boost bilateral ties, facilitating easier travel for business and tourism. However, concerns over internal political challenges and security issues have led U.S. authorities to reexamine Romania’s participation.
Internal Challenges and Security Concerns
Recent developments in Romania, including a decline in democratic performance and allegations of electoral irregularities, have raised alarms. Notably, The Economist’s Democracy Index has downgraded Romania from a “flawed democracy” to a “hybrid regime.” These issues contribute to U.S. apprehensions about whether Romania can maintain the high security standards required for VWP membership, particularly in areas such as counterterrorism and law enforcement cooperation.
Implications for U.S.-Romania Relations
Romania’s entry into the Visa Waiver Program was widely anticipated as a milestone that would strengthen economic ties and boost investment between the two nations. However, the current pause may shadow these prospects, potentially straining the bilateral relationship if Romania’s eligibility is ultimately called into question.
Looking Ahead
As discussions continue between U.S. and Romanian officials, Romania’s participation in the VWP remains uncertain. For the time being, the decision underscores the U.S. commitment to upholding the security and integrity of its travel systems, even as it navigates complex international and domestic political dynamics.
This development marks a critical juncture for U.S. security policy and Romania’s international relations, with significant consequences for travel and bilateral cooperation in the future.
- Published in News
Romanian-born Expert Among Top 10 E2-Visa Lawyers in the US
Visa Franchise, the platform dedicated to Visa procedures, professionals and immigration policy in the US, published its annual ranking for The Best E2-Visa Lawyers in the US. Among the professionals listed, Anda Malescu, a Romanian-born expert in immigration, entered the top 10.
Malescu Law, led by Attorney Anda Malescu, provides legal services related to immigration law, including family-based immigration, employment-based immigration, and naturalization. The firm is committed to providing personalized legal services that meet the unique needs of each client.
Visa Franchise on ranking Anda Malescu on Top 10 E2-Visa Lawyers in the US
E2-Visa is one of the most sought-after investor visas for getting to the US. Anda Malescu and all the other top-ranked lawyers help investors fulfil their American dream and get to the United States.
The E2 visa is for foreign investors from treaty countries who invest in a business in the United States. Employees from the same treaty country as the investor are also eligible to apply. The E2 visa allows you to manage and grow your investment and purchase a house and other assets while residing in the United States. You can also bring your spouse and children to the US.
To qualify for an E2 visa, you can:
- Start a business
- Purchase an existing business
- Invest in a franchise
About Anda Malescu
Anda Malescu is proof that Romanian experts can start a rewarding career in the US, even in law. Not only did she pass the Bar Association exam, but she set up her law firm in Miami, Florida. Her presence in this year’s top-ranking professionals in business immigration rewards her once again for having an excellent success record.
For an appointment on E2-visa inquiries with Anda, please check the link in the button.
- Published in News