Romanian law permits Romanians to report frauds against the U.S. Government under the False Claims Act, or violations of the provisions of the Securities & Exchange Act, Foreign Corrupt Practice Act, or Commodities Exchange Act.
What disclosures are currently protected?
In 2004, Romania implemented the Law on the Protection of Public Officials Complaining about Violations of the Law, also known as the Whistleblower Protection Act. This act broadly allows whistleblowers to make protected disclosures internally, externally, and publicly. If a disclosure is made in good faith and the public interest the whistleblower may request that a court void any retaliatory action and seek further relief from a labor court. However, there is no automatic or clear cut remedy for whistleblowers faced with retaliation and there are no reward provisions for successful whistleblowers. Additionally, this act only covers public sector employees. There is no law protecting private sector whistleblowers. Therefore, whistleblowers may be better off reporting to U.S. regulators, at least until the transposition of the Whistleblower Directive is complete.
Can Romanian whistleblowers receive rewards?
There is no law in Romania providing whistleblowers rewards, however, they may receive rewards through U.S. laws.
Recent updates and future legislative developments
Romania is currently in the process of transposing the EU Whistleblower Directive. Positively, the government appears to be including input from NGOs such as Transparency International Romania in its drafting process.
Can/should Romanian whistleblowers report to U.S. officials?
No law in Romania currently prohibits Romanian citizens from reporting frauds against the U.S. government under the False Claims Act, or violations of provisions of other statutes including the Securities & Exchange Act, Foreign Corrupt Practice Act, or Commodities Exchange Act. Therefore, Romanian whistleblowers can and should report relevant violations to U.S. officials under these laws.