PROTECTION OF NON-GOVERNMENT CERTIFICATES OF ORIGIN ORDINANCE
Gazette Number:
L.N. 197 of 1999
Section:
7
Heading:
Offences in relation to certificates of origin
Version Date:
23/07/1999
(1) Any person who-
(a) forges, or causes to be forged, any certificate of origin;
(b) not being an officer of an approved body who is authorized by the approved body in that behalf, makes, or causes to be made, any alteration of, or addition to or deletion from, any certificate of origin;
(c) knowingly utters or makes use of, or causes to be uttered or made use of, any forged certificate of origin or any certificate of origin that has been altered or added to, or from which any deletion has been made, by any person other than an officer of the approved body by which the certificate of origin was issued who is authorized in that behalf;
(d) knowingly utters or makes use of, or causes to be uttered or made use of, as applying to any article any certificate of origin which does not so apply;
(e) substitutes, or causes or suffers or permits any other person to substitute, any other article for any article in respect of which a certificate of origin has been issued;
(f) not being an approved body, dishonestly represents that he is authorized to issue a certificate of origin; or (Added 14 of 1990 s. 6)
(g) knowingly issues or utters, or causes to be issued or uttered, a document, whether on paper or using information technology services, that is likely to mislead another person into believing that the document is a certificate of origin, (Added 14 of 1990 s. 6. Amended 38 of 1999 s. 7)
commits an offence and is liable to a fine of $500000 and to imprisonment for 2 years.
(2) Any person who, with intent to deceive-
(a) makes or causes to be made any false or incorrect statement in any declaration made or any information given, whether verbal or in writing or otherwise, for the purpose of obtaining a certificate of origin; (Amended 38 of 1999 s. 7)
(b) makes or gives or causes to be made or given any false or incorrect statement or information in any document that he knows or has reason to believe may be used in support of an application for the issue of a certificate of origin;
(c) furnishes any false records or information under section 6(2); or
(d) omits or causes to be omitted any material particulars in an application for the issue of a certificate of origin, (Added 14 of 1990 s. 6)
commits an offence and is liable to a fine of $500000 and to imprisonment for 2 years.
(3) Any person who furnishes or causes to be furnished to any other person a document which-
(a) he knows or has reason to believe may be used in support of an application for the issue of a certificate of origin; and
(b) has been signed by him in blank or with the material particulars incomplete,
commits an offence and is liable to a fine of $100000 and to imprisonment for 1 year. (Added 41 of 1974 s. 3)
(4) For the purposes of subsections (2)(d) and (3), the following shall be material particulars-
(a) particulars of the place at which an article was manufactured, processed or produced;
(b) particulars of the principal materials used in the manufacture, processing or production of an article and the source thereof;
(c) particulars of the manner in which in substance an article has been manufactured, processed or produced;
(d) a description of an article including any brand name or trade mark; and
(e) particulars of the quantity or weight of an article. (Added 41 of 1974 s. 3)