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Measure

Offences and Penalties

Type Class Valid From Valid To
General Goods 30/11/1994
Summary:

Anyone who violates import or export regulations, fails to comply with permit conditions, or provides false information, can be fined up to N$20 000 or imprisoned for up to two years, or both. Additionally, the court may confiscate the goods involved in the offense, unless the owner was unaware of the violation.
Description:

4. (I) Any person who -

(a) imports or exports any goods in contravention of a provision of a notice issued under section 2;

(b) fails to comply with a condition stated in a permit issued under section 2;

(c) fails to comply with a directive made under section 3; or 

(d) furnishes any false information in complying with such an order, shall be guilty of an offence and liable on conviction to a fine not exceeding N$20 000 or imprisonment for a period not exceeding two years or to both such fine and such imprisonment and to a further fine not exceeding three times the commercial value of the goods, if any, in respect of which the offence was committed.

(2) The court convicting any person of importing or exporting or attempting to import or export any goods in contravention of a provision of a notice issued under section 2, or of failing to comply with a condition stated in a permit issued under that section, may declare the goods to be forfeited to the State.

(3) A declaration made under paragraph (a) shall not affect any rights which any person other than the convicted person may have to the goods but if such other person is the owner of the goods, such a declaration shall be binding upon such owner unless it is proved that the owner did not know that the goods were being dealt with in contravention of such a provision or condition.

(4) The provisions of subsections (4) and (5) of section 35 of the Criminal Procedure Act, 1977 (Act 51 of 1977), shall mutatis mutandis apply to any forfeiture under subsection (2).

Commodities Affected by the Measure

# HS Code Description
1 290372 Dichlorotrifluoroethanes (HCFC-123)
2 4011 New pneumatic tyres, of rubber
3 6309 Worn clothing and worn textile articles
4 3915 Waste, parings and scraps, of plastics
5 0302 Frozen Fish
6 0302 Fish, fresh or chilled (excluding fish fillets and other fish meat of heading 03.04)
7 0303 Fish, frozen (excluding fish fillets and other fish meat of heading 03.04)
8 0304 Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen
9 0305 Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process
10 0306 Crustaceans, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; smoked crustaceans, whether in shell or not, whether or not cooked before or during the smoking process; crustaceans, in shell, cooked by steaming or by boiling in water, whether or not chilled, frozen, dried, salted or in brine
11 0307 Molluscs, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; smoked molluscs, whether in shell or not, whether or not cooked before or during the smoking process
12 0308 Aquatic invertebrates other than crustaceans and molluscs, live, fresh, chilled, frozen, dried, salted or in brine; smoked aquatic invertebrates other than crustaceans and molluscs, whether or not cooked before or during the smoking process
13 0309 Flours, meals and pellets of fish, crustaceans, molluscs and other aquatic invertebrates, fit for human consumption
14 6310 Used or new rags, scrap twine, cordage, rope and cables and worn out articles of twine, cordage, rope or cables of textile materials
15 3208 Paints and varnishes (including enamels and lacquers) based on synthetic polymers or chemically modified natural polymers, dispersed or dissolved in a non-aqueous medium; solutions as defined in Note 4 to this Chapter:
16 3209 - Paints and varnishes (including enamels and lacquers) based on synthetic polymers or chemically modified natural polymers, dispersed or dissolved in an aqueous medium:
17 3210 - Other paints and varnishes (including enamels, lacquers and distempers); prepared water pigments of a kind used for finishing leather
18 7001 Cullet and other waste and scrap of glass (excluding glass from cathode ray tubes or other activated glass of heading 85.49); glass in the mass
19 290371 Chlorodifluoromethane (HCFC-22)
20 290375 Dichloropentafluoropropanes (HCFC-225, 225ca, 225cb)
21 290379 Chlorotetrafluoroethanes (R-124)
22 4706 Pulps of fibres derived from recovered (waste and scrap) paper or paperboard or of other fibrous cellulosic material:
23 4707 Recovered (waste and scrap) paper or paperboard:
24 4012 Retreated or used pneumatic tyres of rubber; solid or cushion tyres, tyre treads and tyre flaps, of rubber
25 3603 Safety fuses; detonating cords; percussion or detonating caps; igniters; electric detonators
26 3604 Fireworks, signalling flares, rain rockets, fog signals and other pyrotechnic articles
27 2841 Salts of oxometallic or peroxometallic acids
28 2843 Radioactive chemical elements and radioactive isotopes (including the fissile or fertile chemical elements and isotopes) and their compounds; mixtures and residue containing these products
29 2845 Isotopes (excluding those heading 2844); compounds, inorganic or organic, of such isotopes, whether or not chemically defined
30 3824.78 Hydrofluorocarbons blends (HFCs)
31 3824.74 Hydrochlorofluorocarbons (HCFCs)
32 290339 Hydroflourocarborns Blend (HFCs)

Procedures Implementing the Measure

No procedures found under this measure.

Legal Documents Related to the Measure

Name Type Category
Import and Export Control Act No. 30 of 1994 Act Import/Export