July 09, 2020 15:19 
Article by Ligia-Cecilia Popescu, Partner and Andreea Anton, Associate at Wolf Theiss
Considering the current pandemic context several measures have been taken to avoid the risk of infection with COVID-19. The implementation of such measures is twofold: to protect the health of each individual and to ensure the continuity of the profile activities and the minimization of the risks of interruption of activities that require an actual presence.
The recent pandemic context requested a special attention given to the digitalization process. Furthermore, the rules of social distancing enforced since mid-March have imposed a transfer of operations in the digital space not only for private sector, but also for the public institutions.
An example would be the National Agency for the Management of Seized Assets (the ”Agency”),which oversees the management of the seized/confiscated assets (amounting RON 974,080,994) during criminal proceedings, including the sale of movable assets that devalue over time.
In the context of digitalization, the Agency launched on 15.06.2020 the online platform for conducting public auctions by electronic means, that may be accessed at https://anabi.just.ro/licitatiionline/. The amounts collected are kept in the Agency's accounts until a final decision is issued in relation to the criminal proceedings.
This innovative tool has been developed based upon the European models (FR, BE, NL, IT) and international ones (USA)to facilitate the access of potential buyers to procedures in compliance with all standards of social distancing and to minimize costs and public resources for attending auctions.
Such public auctions are not qualified as tender procedures and are carried out in accordance with the general enforcement auctions rules for movable assets and with the provisions of Law no. 318/2015 for the establishment, organization and functioning of the National Agency for the Management of Seized Assets and for the modification and completion of some normative acts. Such auctions follow the main steps presented below:
- publication of the auction notice;
- auction registration;
- conducting the auction;
- post-auction activities (payment of the price and delivery of the asset).
Briefly, the persons interested in vehicles (including luxury cars), electronics, construction materials, stocks and any other movable assets put up for sale must register on the online platform (identification data, payment of the participation guarantee and initial bid) and shall be assigned a unique code and password for access.
Afterwards, they can participate at the online auction, being able to make successive increments of 5-15% of the starting value of the auction (evaluation price for the first auction, which shall be decreased with 25% for the second, respectively with 50% for the third auction). In case of several bidders, the asset is sold to the bidder who offers the highest price. The price shall be paid within a maximum of five (5) working days from the date of the final auction.
The above confirm the press release of the Ministry of Justice, stating that the launch of such online platform guarantees transparency over the Agency's activity and ensures an easy access to these public auctions. Hence, there are significant chances that this innovative idea will be implemented also in relation to other similar projects in the future.
