S.L. 549.95 Art. 8Offences and penalties.

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

(a) fails to comply with the prohibition on timber imports from partner countries unless covered by a FLEGT licence in accordance with Article 4(1) of Regulation

(EC) No. 2173/2005;

(b) use a false, falsified, invalid or expired licence or one altered without authorization for any purpose in connection with these regulations;

(c) makes no import notification or a false import notification;

(d) makes use of a licence for any other timber shipments other than the one for which it was issued;

(e) fails to submit the FLEGT licence to the competent authority in accordance with regulation 5;

(f) fails to comply with, or contravenes, any provision of these regulations, Regulation (EC) No. 2173/2005 or the Implementing Regulation or fails to comply with any order lawfully given in terms of any provision of Regulation (EC) No. 2173/2005, the Implementing Regulation or these regulations;

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

(h) 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;

(i) 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 authorized under these regulations;

(j) 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.

(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 to a fine (multa) of not less than one thousand and five hundred euro (€1,500) but not exceeding twenty five thousand euro (€25,000);

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

(4) Any person who has been found guilty of committing an offence against these regulations shall also pay for the expenses incurred for the storage, removal, transport and disposal of the imported goods and any other expenses incurred in relation to these proceedings.