S.L. 549.94 Art. 9Offences and penalties.

(1) Any person shall be guilty of an offence under these regulations if he:

(a) fails to comply with the prohibition on placing illegally harvested timber on the market in accordance with Article 4(1) of Regulation (EU) No 995/2010;

(b) fails to comply with the obligation to exercise due diligence and maintain and regularly evaluate the due diligence system in accordance with Articles 4(2) and

(3) of Regulation (EU) No 995/2010;

(c) fails to comply with the obligation of traceability in terms of Article 5 of Regulation (EU) No 995/2010;

(d) fails to comply with the record-keeping obligation in accordance with Article 5 of the Implementing Regulation;

(e) fails to comply or contravenes any provision of these regulations or fails to comply with any order lawfully given in terms of any provision of Regulation (EU) No 995/2010, the Implementing Regulation or these regulations;

(f) conspires or attempts, or aids, or abets, any other person by whatever means, including advertising, counselling or procurement to contravene the provisions of these regulations or to fail to comply with any such provisions, including any order lawfully given in terms of any of the provisions of these regulations, or to contravene any restriction, prohibition or requirement imposed by or under the said regulations;

(g) intentionally obstructs or causes the obstruction of any person acting in the proper exercise of his functions under these regulations and, or fails to allow an inspection authorised under these regulations;

(h) without reasonable cause, fails to give any person, acting in the exercise of his functions under these regulations, any assistance or information which he may be required to give under these regulations or any other law, or gives false or misleading information;

(i) alters, forges, counterfeits or destroys any document presented to or issued by the competent authority under these regulations.

(2) Any person who is found guilty of an offence against the provisions of these regulations shall, on conviction, be liable:

(a) on a first conviction relating to sub-regulation (1)(a), (b), (g), (h) and (i), to a fine (multa) of not less than two thousand and five hundred euro (€2,500) but not exceeding twenty-five thousand euro (€25,000);

(b) on a first conviction relating to sub-regulation (1)(c), (d), (e) and (f), to a fine (multa) of not less than one thousand and five hundred euro (€1,500) but not exceeding five thousand euro (€5,000);

(c) on a second or subsequent convictions, to a fine (multa) of not less than two thousand and five hundred euro (€2,500) but not exceeding fifty thousand euro (€50,000).

(3) Where any person is convicted of an offence against these regulations, the Court may in addition to any other penalty that it may impose:

(a) order that the timber and any other goods or things to which the offence relates be forfeited to the Government and if so forfeited shall be disposed of in such a manner as the Court may determine on the advice of the competent authority;

(b) suspend for a period as the Court may deem proper, not being less than one month, any licence or permit held by the offender and related to any trade or business to which the offence relates;

(c) impose an additional fine equivalent to the estimated economic benefit which the convicted person derived from the commission of the offence or would have derived had the offence remained undetected; and

(d) sentence the offender to imprisonment for a term of not less than thirty days and not exceeding two years.

(4) In respect of proceedings for any offence charged against these regulations, the Court may award in favour of the Authority such costs and expenses incurred in relation to these proceedings as it may deem proper, including but not limited to the expenses incurred for the storage, removal, transport and disposal of the imported goods.