S.L. 101.5 Art. 6Export authorisation.

(1) Exportation of scheduled substances listed in Category

1 of Table I of the Third Schedule to the Ordinance shall be subject to an authorisation for each individual substance, issued by the Superintendent. The customs export declaration is to be lodged in the form prescribed under Annex V.

(2) Applications for authorisations referred to in sub-rule (1) shall contain the following information:

(a) the name and address of the exporter, of the importer in the importing country, of any other operator involved in the export operation or shipment, and of the consignee,

(b) the name of the scheduled substances as given in Category 1 of Table I of the Third Schedule to the Ordinance,

(c) the quantity and weight of the scheduled substance and, where it consists of a mixture, the quantity and weight of the mixture as well as the quantity and weight or the percentage of any substance or substances listed in Table I of the Third Schedule to the Ordinance which are contained in the mixture,

(d) details as to the transport arrangements, and in particular the expected date of dispatch, method of transport, name of the customs office where the customs export declaration is to be lodged, and, in so far as such information is available at this stage, identification of the means of transport, itinerary, expected point of exit from Malta and the point of entry into the importing country. In the case of sub-rule (7), a copy of the import permit issued by the destination country must be attached to the application.

(3) A decision on the application shall be taken within a period of fifteen working days from the date on which the Superintendent considers the file to be complete. This period shall be extended if the authorities are obliged to make further enquiries in order to satisfy themselves that the importation of the substances has been properly authorised.

(4) Without prejudice to any possible implementation of enforcement measures, the export authorisation referred to above shall be refused, if:

(a) there are reasonable grounds to suspect that the information supplied in compliance with sub-rule (2) is false or incorrect;

(b) in the cases referred to in sub-rule (7) it is established that the importation of the scheduled substances has not been properly authorised by the competent authorities of the country of destination;

(c) there are reasonable grounds for suspecting that the substances in question are intended for the illicit manufacture of narcotic drugs or psychotropic substances.

(5) If the particulars concerning the itinerary and means of transport are not provided in the application referred to in sub-rule (7), the export authorisation shall state that the operator must furnish these particulars to the customs or other competent authority at the point of exit from Malta before the physical departure of the consignment. In this case, the export authorisation shall be annotated accordingly at the time of issue.

(6) (a) In all cases, the export authorisation shall be produced for inspection by the customs authorities when the customs export declaration is lodged. A copy of this authorisation shall, furthermore, accompany the consignment to the customs office at the point of exit of the scheduled substances from Malta. That office shall insert, where appropriate, the particulars referred to in sub-rule (5) together with any other necessary particulars and it shall affix its stamp to the copy of the authorisation before returning it to the issuing authority.

(b) The issue of an export authorisation does not preclude any possible administrative or other liability of the holder of such authorisation.

(c) The export authorisation may be suspended or revoked by the Superintendent whenever there are reasonable grounds to suspect that the substances might be diverted to the illicit manufacture of narcotic drugs or psychotropic substances.

(d) (i) Any exportation of scheduled substances listed in Category 1 of Table I of the Third Schedule to the Ordinance shall be preceded by pre-export notification sent to the country of destination in accordance with the provisions of Article 12(10) of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of the 19th December, 1988, and with Resolution 20/4 of the 1998 Special Session on drugs of the United Nations General Assembly. The country of destination shall be allowed a period of time in which to reply of up to fifteen working days, at the end of which the export operation shall be authorised by the Superintendent, unless advice to the contrary is received.

(ii) The Superintendent shall, prior to any export of scheduled substances to the requesting country, supply the information specified in sub-rule (2), to the competent authorities of that country.

(iii) The Superintendent shall require that the authority in the importing country receiving the information shall keep as confidential any trade, business, commercial or professional secret or any trade process referred to therein.

(7) Whenever, under an agreement between Malta and an importing country, exports are not to be authorised unless an import permit has been issued by the competent authorities of the latter country for the substances in question, the Superintendent shall assure himself that any importation has been properly authorised, if necessary by requesting confirmation from the competent authority of the importing country.