Romanian government seeks loophole on corruption

February 7, 2017

Bucharest, Feb 7: Romania's government is on a high-risk mission: devise a legal and politically acceptable way to remove penalties for some types of official corruption.

Romanian

First, the government tried to effect the change by imposing an emergency decree without public debate. The move backfired badly, sparking massive demonstrations in the capital of Bucharest and other major cities that caused the government to reverse course.

The standing of the left-leaning government that assumed power two months ago has fallen so quickly that leaders found it necessary Monday to assert they would not resign even as the protests continued. The prime minister says a new proposal will be put before Parliament instead.

Is there a legal and political path for the government to accomplish its goal of easing corruption rules for public officials? Experts say Parliament can indeed pass such a law, and it could take effect if the president signs it, but the political task of winning support is trickier.

Laura Stefan, a Romanian anti-corruption specialist with the Expert Forum public policy think tank in Bucharest, said the government made a strategic blunder with the emergency decree. It would have tolerated abuse of power by officials, ranging from a mayor in a small village to a top government minister, if the amount of graft involved totaled less than about $48,500.

"It's simply un-defendable," Stefan said. "How can you explain to the people of this country, who maybe don't make $50,000 in their lifetime, that it is okay for public officials to misuse their office in order to obtain less than $50,000 from the state budget."

Public officials have not offered a specific explanation for why the law is needed, although one minister said it would bring the country in line with other European nations. The decree also would have applied retroactively to officials already convicted of corruption offenses involving less than $48,500.

The threshold figure would not have applied to case in which money was stolen, which would still be prosecuted as theft, but could apply to mismanagement of public funds, kickbacks on purchases or contracts, or other types of official misconduct. It would apply to officials who have hidden interests in companies that they set up and then make purchases from while in office.

One possible beneficiary would be Social Democratic Party leader Social Democratic Party leader Liviu Dragnea, whose path to becoming prime minister has been effectively blocked by corruption charges. His party enjoys broad support in Parliament, giving backers hope the redrafted measure will pass despite vocal opposition in the streets.

The provocative proposal could be difficult to enact even if it passes in Parliament, however, because it would still require the approval of President Klaus Iohannis, who has expressed opposition to the measure in its current form.

Transparency International, which lobbies for greater openness in government, has opposed both the way in which the emergency measure was imposed without public scrutiny and the proposal now set to be debated in Parliament.

Adam Foldes, one of the group's international lawyers at its Berlin headquarters, said the proposal does not meet international conventions set out by the United Nations and the Organization for Economic Cooperation and Development that call for corruption penalties to be "proportionate, effective, and a deterrent."

"It doesn't look good from an international perspective or a domestic legal perspective," Foldes said, adding that the original proposal cost the relatively new government a substantial amount of public support and should have been put before elected representatives all along.

Many protesters say they plan to continue nightly demonstrations until the government steps down even though the emergency ordinance was withdrawn on Sunday.

Lawyer Nicholas Hammond, who practices in Romania, said the procedure for approving emergency decrees was put in place after the country's 1989 anti-communist revolution to deal with critical situations that developed when Parliament was not in session.

However, it soon was abused by officials seeking to act without input from legislators, he said.

"They realized they could do it even when Parliament was in session," Hammond said. "This wasn't even on the agenda and it was done at 10 at night."

There were signs Monday that the government, facing nightly protests, is wavering in its commitment to press for quick adoption of the proposal in Parliament.

Justice Minister Florin Iordache said in a statement Monday that he is "not preoccupied" with drawing up a draft law and will await clarification from the Constitutional Court.

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News Network
May 7,2020

United Nations, May 7: An average of 80,000 COVID-19 cases were reported each day in April to the World Health Organization, the top UN health agency has said, noting that South Asian nations like India and Bangladesh are seeing a spike in the infections while the numbers are declining in regions such as Western Europe.

WHO Director-General Tedros Adhanom Ghebreyesus said on Wednesday that countries must also be able to manage any risk of the disease being imported into their territories, and communities should be fully educated to adjust to what will be a "new norm".

He said as the countries press forward in the common fight against COVID-19, they should also lay the groundwork for resilient health systems globally.

"More than 3.5 million cases of COVID-19 and almost 250,000 deaths have now been reported to the WHO. Since the beginning of April, an average of around 80,000 new cases have been reported to the WHO every day," Ghebreyesus said in Geneva yesterday.

Asserting that the virus cases were not just numbers, he said: "every single case is a mother, a father, a son, a daughter, a brother, sister or friend".

He said while the numbers are declining in Western Europe, more cases are being reported every day from Eastern Europe, Africa, South-East Asia, the Eastern Mediterranean and the Americas. Even within regions and within countries, there are divergent trends, the agency added.

While some countries are reporting an increase in COVID-19 cases over time, many have seen caseloads rise because they have ramped up testing, the WHO official said.

"We've also seen in Europe and Western Europe a fundamental decrease in the number of cases, but we have seen an associated increase in the number of cases reported in places like the Russian Federation. Southeast, the Western Pacific areas are relatively on the downward trend like Korea and others, but then we do see in South Asia, in places like Bangladesh, in India, some trends towards increase.

"So it's very difficult to say that any particular region is improving or (not improving). There are individual countries within each region that are having difficulties getting on top of this disease and I am particularly concerned about those countries that have (an) ongoing humanitarian crisis," WHO's Executive Director Michael Ryan said.

The death toll due to COVID-19 in India rose to 1,783 while the number of cases climbed to 52,952 on Thursday, registering an increase of 89 deaths and 3,561 cases in the last 24 hours, the Union Health Ministry said.

The number of active COVID-19 cases stood at 35,902 while 15,266 people have recovered, it said.

Noting that while seeing an increase in the number of cases is not good in terms of transmission, WHO's Emerging Diseases and Zoonoses Unit head Maria Van Kerkhove said: "but I don't want to equate that with something (being) wrong".

"I want to equate that with countries are working very hard to increase their ability to find the virus, to find people with the virus, to have testing in place to identify who has COVID-19, and putting into place what they need to do to care for those patients," Kerkhove said.

With more countries considering easing restrictions implemented to curb the spread of the coronavirus, the WHO has again reminded the authorities of the need to maintain vigilance.

"The risk of returning to lockdown remains very real if countries do not manage the transition extremely carefully, and in a phased approach," Ghebreyesus said.

He urged countries to consider the UN agency's six criteria for lifting stay-at-home measures.

That advice includes ensuring surveillance is strong, cases are declining and transmission is controlled. Health systems also must be able to detect, isolate, test and treat cases, and to trace all contacts.

Additionally, the risk of outbreak in settings such as health facilities and nursing homes needs to be minimised, while schools, workplaces and other public locations should have preventive measures in place.

"The COVID-19 pandemic will eventually recede, but there can be no going back to business as usual. We cannot continue to rush to fund panic but let preparedness go by the wayside," he said.

He said the crisis has highlighted the importance of strong national health systems as the foundation of global health security: not only against pandemics but also against the multitude of health threats that people across the world face every day.

"If we learn anything from COVID-19, it must be that investing in health now will save lives later," Ghebreyesus said.

While the world currently spends around USD 7.5 trillion on health annually, the WHO believes the best investments are in promoting health and preventing disease.

"Prevention is not only better than cure, it's cheaper, and the smartest thing to do," he said.

The deadly coronavirus, which originated from the Chinese city of Wuhan in December last year, has infected over 3.7 million people and killed 263,831 people globally, according to a tally by Johns Hopkins University.

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News Network
February 10,2020

New Delhi, Feb 10: Former Jammu and Kashmir chief minister Omar Abdullah's sister on Monday moved the Supreme Court to challenge his detention under the Public Safety Act.

Senior advocate Kapil Sibal, appearing for the petitioner, mentioned the matter for urgent listing before a bench headed by Justice N V Ramana.

Sibal told the bench that they have filed a habeas corpus petition challenging the detention of Abdullah under the PSA and the matter should be heard this week.

The bench agreed for urgent listing of the matter.

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Agencies
March 1,2020

Washington, Mar 1: Beginning April 1, Indians wishing to immigrate to America will now have to pay an additional $50,000 for the EB-5 or the US investor visa, a media report said.

Although, this additional tax would impact all visa categories, it will predominantly create a barrier for people investing in the EB-5 visa programme, the American Bazaar daily said in the report on Friday.

In 2019, the EB-5 investor visa programme, for the first time since the 1990's, increased the minimum investment amount to $900,000.

With this increase in minimum investment, the new 5 per cent additional tax would mean that applicants would have to pay the extra $50,000, when they move money to an escrow account in the US to fulfil their application criterion.

"The changes to the tax on remittances is a reminder to Indians to carefully plan their tax position before making the move to the US," the American Bazaar quoted Mark Davies, Global Chairman, Davies & Associates LLC, as saying.

"People seeking to emigrate who do not wish to pay this tax at source and rather account for it later may wish to move their money ahead of the new rules coming into effect.

"It is possible to pre-emptively move money into an escrow account in the US until such a time as they are ready to proceed with emigration process," he added.

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