S.L. 101.5 ст. 8Specific export requirements: Category 3 Table I.

(1) Wherever the export of scheduled substances listed in

Category 3 of Table I of the Third Schedule to the Ordinance is intended, directly or indirectly, for any importing country -

(a) whose competent authority has issued an import permit in respect of the consignment in question; or

(b) which has been identified as a country concerned by the illicit manufacture of heroin or cocaine on its territory or as a sensitive country as regards the possible diversion of the said substances, such export shall be subject to an authorisation issued in accordance with sub-rules (2) and (3) by the Superintendent in accordance with the provisions in force.

(2) Exports of substances referred to in sub-rule (1) shall be subject mutatis mutandis to the provisions of rule 6, wherever, under specific arrangements agreed with the importing countries concerned, an export authorisation and a pre-export notification are required for each operation. The provisions of rule 6 shall also apply whenever an open individual authorisation cannot be issued in accordance with sub-rule (3): Provided that the provisions of rule 6 shall also apply whenever a substance listed in Annex II is destined to an operator established in a country listed in the same annex.

(3) In appropriate circumstances, the exportation of substances in Category 3 of Table I of the Third Schedule to the Ordinance may be authorised on a global basis by the issue of an open individual authorisation. The decision to issue, suspend or revoke such authorisations shall be taken by the Superintendent after the applicant has given:

(a) details of his qualifications and professional experience in the field covered by these rules and, in the case of a legal person, the name, relevant qualifications and professional experience of the director or the person responsible for ensuring that exports of scheduled substances are carried out in compliance with the provisions of these rules;

(b) details in summary form of export transactions in the scheduled substances concerned which he has made in the twelve months preceding the application, specifying in the case of each substance, the total number of transactions and the amounts exported to each country for which an export authorisation is required;

(c) details of the precautions he has taken to prevent the diversion of scheduled substances to the illicit manufacture of narcotic drugs and psychotropic substances, and in particular, the arrangements for complying with rule 5.

(4) The authorisation shall be suspended or revoked or refused, in particular, if:

(a) there are reasonable grounds for suspecting that the information is incorrect;

(b) there are reasonable grounds for suspecting that the precautions taken are not sufficient to prevent the diversion of scheduled substances to the illicit manufacture of narcotic drugs and psychotropic substances or for believing that the operator or the person responsible in the case of a legal person, does not provide sufficient safeguard against the risk of diversion.

(5) Notwithstanding the existence of the authorisation, individual export operations undertaken under the cover of this authorisation may be prohibited by the competent authorities.

(6) Without prejudice to obligations arising under rule 4, the holder of the authorisation referred to in sub-rule (1) shall comply with the following obligations:

(a) enter the number of this authorisation in any relevant customs export declaration;

(b) carry out the entry into the records at the latest when the consignment leaves the premises of the supplier for their exportation;

(c) whenever the previous issue of an import authorisation by the destination country is a requirement for the issue of the export authorisation, the entry shall contain the number, if any, and place and date of issue of the import permit issued by the destination country; a copy of this permit shall be retained;

(d) ensure that the consignment is accompanied at any time during the transport by a copy of the authorisation;

(e) furnish, by the end of each quarter, summary information on the export operations carried out under the authorisation. The content of the summary to be determined in detail by the Superintendent shall contain, as a minimum, information on the number of operations, the substances, quantities, and destination countries involved. In case that this information is not supplied, the authorisation may be suspended or revoked;

(f) inform the Superintendent of any change occurring with regard to the information supplied, or such of it as may be specified by that authority for this purpose.

(7) The form of the open individual authorisation referred to in sub-rule (1) shall conform to the specifications which are given in Annex VI. Furthermore, it shall be a condition of the issue of such authorisations that, for control purposes, the holder shall retain for inspection by the Superintendent, where appropriate and in respect of each export, a copy of the import permit issued by the authorities of the importing country. In cases of doubt, the Superintendent may contact the authorities which have issued the import permit.