Page 154 - Carte Falimentul BIR

the Commission for Abuse Research and Anti-Corruption of the Chamber of
Deputies).

st
Therefore, on January 1 2000, the BIR indicators could not lead to the idea of
initiating bankruptcy proceeding because there were no conditions stipulated by
the law amended by GEO no. 186/1999.

Nevertheless, BNR continued to make a heavy blow to the bank by issuing Norm
no. 1/ 24.01.2001 that, contrary to the provisions of art. 115 of the Law no.
58/1998 on banking activity, imposed a devastating measure on the bank itself,
namely:

"The establishment of a special regime for the discount settlement of payments

and receipts operations".

If it had complied with the provision of art. 115 of the Law no. 58/1998, the BNR
could have ordered "the introduction of the special administration measure", that
did not meet the BNR's interest in bankruptcy of the bank.

It is obvious that, by imposing "special administration", the BNR premeditated
and excluded the possibility of rescuing the bank from bankruptcy because it
knew with certainty that enforcing the "special discount settlement regime" was
a safe way to bankruptcy.

This is one of the undisputable evidence that the BNR has premeditated the
bankruptcy of the International Bank of Religions.

th
On January 15 2000, a so-called "routine control" was initiated at BIR, by the
BNR Deputy Governor Mihai Bogza's decision. Such a previous control was
concluded only a few months before, namely in October 1999.

On January 28 2000, the BNR leadership issued Circular no. 6, which, at point
th
7, provides that:

"The claims made by banks in 1999 were to be registered as loss."

The only bank in the system that had executed such assignments in 1999, in fact
according to the provisions of the Civil Code and the Commercial Code, was the
International Bank of Religions.

By obviously violating the constitutional principle of the law's non-retroactivity
(Article 15 paragraph 2 of the Romanian Constitution), the BNR unlawfully
obliged BIR to apply this Circular retroactively, for the 1999 financial year,
which had just ended.

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