Cap. 365 Art. 6Offences and penalties.

(1) Any person who acts in violation of regulations made under this Act or of a Regulation of the Council of the European

Union or of a United Nations Security Council Resolution shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term from twelve months to twelve years or to a fine (multa) of not less than twenty-five thousand euro (€25,000) and not exceeding five million euro (€5,000,000), or to both such imprisonment and fine.

(2) The provisions of article 121D of the Criminal Code shall, mutatis mutandis, apply to the offences under this Act, so however that the punishment to which the body corporate shall be liable under this sub-article shall be that of the payment of a fine (multa) of not less than eighty thousand euro (€80,000) and not exceeding ten million euro (€10,000,000).

(3) The body corporate shall also be held liable for an offence under this Act where the lack of supervision or control by a person referred to in article 121D of the Criminal Code has made possible the commission of the offence for the benefit of the body corporate, which shall upon conviction be liable to the punishment laid down in sub-article (2)

(4) Without prejudice to any other punishment to which the offence may be liable under this Act or any other law, where the offender is a body corporate liable to punishment under the provisions of sub-articles (2) and (3), the Court may, at the request of the prosecution, order -

(a) the suspension or cancellation of any licence, permit or other authority to engage in any trade, business or other commercial activity;

(b) the temporary or permanent closure of any establishment which may have been used for the commission of the offence;

(c) the compulsory winding up of the body corporate;

(d) exclusion from entitlement to public benefits or aid.

(4A) Where an offence against the provisions of this Act is committed by a body corporate, every person who, at the time of the commission of the offence, was a director, manager, secretary or other similar officer of such body corporate, shall be guilty of an offence unless he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of the offence.

(5) (a) Where an item the export, transit or transhipment of which would be contrary to restrictive measures in force, such item shall be forfeited in accordance with the provisions of the Customs

Ordinance on the forfeiture of prohibited goods and of goods the importation of which is restricted, including in accordance with the provisions relating to the claiming back of the seized goods in the same Ordinance. Such forfeiture shall be made following the recommendation of the Board.

(b) Items which are forfeited in accordance with paragraph (a) shall be disposed of in accordance with the recommendation of the Board. In giving its recommendation, the Board shall consider the most economically advantageous option for disposal in full adherence with the laws and regulations in force in Malta.

(c) The provisions of this sub-article shall also apply to all goods which are in Malta, irrespective of the date of their arrival in Malta.

(6) The provisions of articles 21 and 28A of the Criminal Code and the provisions of the Probation Act shall not apply in respect of any person convicted of an offence under this Act.

(7) Without prejudice to the provisions of article 5 of the Criminal Code, the Maltese courts shall also have jurisdiction over the offences referred to in this Act where:

(a) only part of the action giving execution to the offence took place in Malta; or

(b) the offender is a Maltese national or habitual resident in Malta or the offence was committed for the benefit of a body corporate registered in Malta; or

(c) where the gain from the commission of the offence was received in Malta; or

(d) where a person in Malta knowingly assisted or induced another person to commit the offence.