S.L. 117.44 Art. 7Offences and fines.

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

(a) fails to comply with supply chain due diligence obligations set out in the Regulation;

(b) fails to comply with the record keeping obligation demonstrating compliance with supply chain due diligence obligations including the results of independent third-party reports set out in the Regulation;

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

(d) conspires or attempts, or aids, or abets, any other person by whatever means, including advertising, counselling or procurement to contravene the provisions or requirements of this or the Regulation;

(e) 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 this and the Regulation or any other law, or give false or misleading information;

(f) alters, forges, counterfeits or destroys any document presented or issued by the competent authority under this regulation.

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

(a) a fine (multa) to an amount of not less than five hundred euro (€500) but not exceeding two thousand and three hundred euro (€2,300); or

(b) to a fine calculated on the profit made by the offender in connection with the offence, if the offence so warrants it:

Provided that when the fine is calculated on the profit made by the offender, it may not exceed five times the said profit.

(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 tin, tantalum, tungsten, their ores, or gold, 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 Director; and

(b) sentence the offender to imprisonment for a term of not less than thirty (30) days and not exceeding two (2) years.

(4) In respect of proceedings for any offence charged against these regulations, the Court may award in favour of the Government such costs and expenses incurred in relation to these proceedings as it may deem proper.