SUBSTANCES USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES [ S.L.101.05 1 SUBSIDIARY LEGISLATION 101.05 SUBSTANCES USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES RULES 5th January, 2004 LEGAL NOTICE 279 of 2003, as amended by Legal Notices 301 of 2003, 2 and 150 of 2004, and 172 of
- The title of these Rules is the Substances used in the Illicit Manufacture of Narcotic Drugs and Psychotropic Substances Rules.
- In these rules, unless the context otherwise requires - Citation. Amended by: L.N. 301 of
- Interpretation. "consignee" means any natural or legal person to which the scheduled substances are delivered in the country of destination, and such person may be different from the end-user; "International Narcotics Control Board" means the Board established by the Single Convention on Narcotic Drugs, 1961, as amended by the 1972 Protocol amending the Single Convention on Narcotic Drugs, 1961; "operator" means any natural or legal person engaged in the manufacture, processing, trade or distribution of scheduled substances or involved in other related activities such as the brokering and storage of scheduled substances; "the Ordinance" means the Dangerous Drugs Ordinance; Cap.
- "placing on the market" means any supply against payment or free of charge to third parties of scheduled substances manufactured or put into free circulation; "scheduled substance" means any substance specified in Table I of the Third Schedule to the Ordinance, including mixtures and natural products containing such substances. This excludes medicines, pharmaceutical preparations, mixtures, natural products or other preparations containing scheduled substances that are compounded in such a way that such substances cannot be easily used or recovered by readily applicable or economically viable means; "Superintendent" means the Superintendent of Public Health.
- The Superintendent shall be the competent authority responsible for the implementation of these rules. 4.
(1)No person shall act as an operator of substances listed: (
- a)under Category 1 of Table I of the Third Schedule to the Ordinance unless he has a licence issued by, and he has registered the premises with the Superintendent, or (
- b)under Category 2 of Table I of the Third Schedule to the Ordinance unless he has registered and updated the Superintendent with the addresses of the premises Competent authority. Registration and licensing of operators. Amended by: L.N. 150 of 2004. 2 [ S.L.101.05 SUBSTANCES USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES from which he operates.
(2)When considering whether to grant a licence, the Superintendent shall in particular take into account the competence and integrity of the applicant. The licence may be suspended or revoked by the Superintendent whenever there are reasonable grounds for belief that the holder is no longer a fit and proper person to hold a licence, or that the conditions under which the licence was issued are no longer fulfilled.
(3)Any operator holding the licence referred to in sub-rule
(1)(a), shall supply scheduled substances specified in Category 1 of Table I of the Third Schedule to the Ordinance.
(4)Operators engaged in the manufacture, import, export or placing on the market of scheduled substances in all categories of Table I of the Third Schedule to the Ordinance shall be required to register and update with the Superintendent the addresses of the premises from which they manufacture or trade in these substances. Duties of operators. 5. It shall be the duty of operators: (
- a)to immediately notify the Superintendent of any circumstances, such as unusual orders and transactions involving scheduled substances, which suggest that such substances intended for import, export or transit may be diverted for the illicit manufacture of narcotic drugs or psychotropic substances; (
- b)to provide the Superintendent with such information about such transactions involving scheduled substances as the Superintendent may require. Export authorisation. 6.
(1)Exportation of scheduled substances listed in Category 1 of Table I of the Third Schedule to the Ordinance shall be subject to an authorisation for each individual substance, issued by the Superintendent. The customs export declaration is to be lodged in the form prescribed under Annex V.
(2)Applications for authorisations referred to in sub-rule
(1)shall contain the following information: (
- a)the name and address of the exporter, of the importer in the importing country, of any other operator involved in the export operation or shipment, and of the consignee, (
- b)the name of the scheduled substances as given in Category 1 of Table I of the Third Schedule to the Ordinance, (
- c)the quantity and weight of the scheduled substance and, where it consists of a mixture, the quantity and weight of the mixture as well as the quantity and weight or the percentage of any substance or substances listed in Table I of the Third Schedule to the Ordinance which are contained in the mixture, (
- d)details as to the transport arrangements, and in particular the expected date of dispatch, method of SUBSTANCES USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES [ S.L.101.05 transport, name of the customs office where the customs export declaration is to be lodged, and, in so far as such information is available at this stage, identification of the means of transport, itinerary, expected point of exit from Malta and the point of entry into the importing country. In the case of sub-rule
(7), a copy of the import permit issued by the destination country must be attached to the application.
(3)A decision on the application shall be taken within a period of fifteen working days from the date on which the Superintendent considers the file to be complete. This period shall be extended if the authorities are obliged to make further enquiries in order to satisfy themselves that the importation of the substances has been properly authorised.
(4)Without prejudice to any possible implementation of enforcement measures, the export authorisation referred to above shall be refused, if: (a) there are reasonable grounds to suspect that the information supplied in compliance with sub-rule
(2)is false or incorrect; (b) in the cases referred to in sub-rule
(7)it is established that the importation of the scheduled substances has not been properly authorised by the competent authorities of the country of destination; (c) there are reasonable grounds for suspecting that the substances in question are intended for the illicit manufacture of narcotic drugs or psychotropic substances.
(5)If the particulars concerning the itinerary and means of transport are not provided in the application referred to in sub-rule
(7), the export authorisation shall state that the operator must furnish these particulars to the customs or other competent authority at the point of exit from Malta before the physical departure of the consignment. In this case, the export authorisation shall be annotated accordingly at the time of issue.
(6)(a) In all cases, the export authorisation shall be produced for inspection by the customs authorities when the customs export declaration is lodged. A copy of this authorisation shall, furthermore, accompany the consignment to the customs office at the point of exit of the scheduled substances from Malta. That office shall insert, where appropriate, the particulars referred to in sub-rule
(5)together with any other necessary particulars and it shall affix its stamp to the copy of the authorisation before returning it to the issuing authority. (
- b)The issue of an export authorisation does not preclude any possible administrative or other liability of the holder of such authorisation. 3 4 [ S.L.101.05 SUBSTANCES USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (
- c)The export authorisation may be suspended or revoked by the Superintendent whenever there are reasonable grounds to suspect that the substances might be diverted to the illicit manufacture of narcotic drugs or psychotropic substances. (
- d)(
- i)Any exportation of scheduled substances listed in Category 1 of Table I of the Third Schedule to the Ordinance shall be preceded by pre-export notification sent to the country of destination in accordance with the provisions of Article 12
(10)of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of the 19th December, 1988, and with Resolution 20/4 of the 1998 Special Session on drugs of the United Nations General Assembly. The country of destination shall be allowed a period of time in which to reply of up to fifteen working days, at the end of which the export operation shall be authorised by the Superintendent, unless advice to the contrary is received. (ii) The Superintendent shall, prior to any export of scheduled substances to the requesting country, supply the information specified in sub-rule
(2), to the competent authorities of that country. (iii) The Superintendent shall require that the authority in the importing country receiving the information shall keep as confidential any trade, business, commercial or professional secret or any trade process referred to therein.
(7)Whenever, under an agreement between Malta and an importing country, exports are not to be authorised unless an import permit has been issued by the competent authorities of the latter country for the substances in question, the Superintendent shall assure himself that any importation has been properly authorised, if necessary by requesting confirmation from the competent authority of the importing country. Specific export requirements: Category 2 Table I. 7.
(1)The exportation of scheduled substances listed in Category 2 of Table I of the Third Schedule to the Ordinance 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 referred to in sub-rule
(1)shall be subject mutatis mutandis to the provisions of rule 6, wherever they appear to be intended, directly or indirectly, for any importing country which has been identified to be concerned by the illicit manufacture of those narcotic drugs or psychotropic substances by the use of such scheduled substances. The said identification shall be based, in particular, on a reasoned requ est by t he im po rt in g cou ntr y concerned. The provisions of rule 6 shall also apply whenever an open individual authorisation cannot be issued under sub-rule
(3): SUBSTANCES USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES [ S.L.101.05 5 Provided that the provisions of rule 6 shall also apply whenever a substance listed in Annex 1 is destined to an operator established in a country listed in the same annex.
(3)In all other cases, the exportation of scheduled substances listed in Category 2 of Table I of the Third Schedule to the Ordinance may be authorised at the request of the operators concerned on a global basis by the issue of an open individual authorisation. The decision to issue such an authorisation shall take into account the competence and integrity of the applicant together with the nature, volume and pattern of his involvement in these substances. In such cases, the holder shall enter the details of this authorisation in the relevant customs export declaration. In accordance with the provisions laid down by the Superintendent, the holder of such an authorisation shall furnish information about exports made under the authority of the authorisation.
(4)The open individual authorisation referred to in sub-rule
(3)may be suspended or revoked whenever there are reasonable grounds for belief that its holder is not longer a fit and proper person to hold an authorisation, or that the conditions under which the authorisation was issued are no longer valid. 8.
(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 Specific export requirements: Category 3 Table I. 6 [ S.L.101.05 SUBSTANCES USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES 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 SUBSTANCES USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES [ S.L.101.05 7 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. 9.
(1)In order to ensure the correct application of rules 6, 7, 8 an d 11, any pe rson du ly aut horised in writi ng by th e Superintendent shall, on production of his authorisation or credentials, have the right at any time to - Powers of the competent authority. (
- a)have access to, inspect, obtain and retain information and records, in whatever form they are held on scheduled substances or operations involving scheduled substances; (
- b)enter any premises for the purpose of ascertaining whether there is or has been or there is likely to be any contravention of the provisions of these rules.
(2)Without prejudice to the measures laid down in rules 6, 7 and 8 and in sub-rule
(1)of this rule, the Superintendent may prohibit the introduction of scheduled substances into Malta or their departure from Malta, if there are reasonable grounds for suspecting that the substances are intended for the illicit manufacture of narcotic drugs or psychotropic substances. 10. For the purpose of preventing specific risks of diversion in free zones as well as in other sensitive areas such as bonded warehouses, operators shall ensure that controls applied to operations carried out in these areas are effective at every stage of these operations and not less stringent than those applied in the other parts of the customs territory. Effective controls in free zones. 11.
(1)All transactions leading to the placing on the market of scheduled substances in Categories 1 and 2 of Table I of the Third Schedule to the Ordinance shall be properly documented in written or electronic records. Keeping of records.
(2)(
- a)All records must be open for inspection by the Superintendent or of any officer acting on his behalf 8 [ S.L.101.05 SUBSTANCES USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES and, in particular, commercial documents such as invoices, cargo manifests, administrative documents, customs documents, transport and other shipping d o c u m e n t s s h a l l c o n t a i n s u ff i c i e n t i n f o r m a t i o n positively to identify: (
- i)the name of the scheduled substance as given in Categories 1 and 2 of Table I of the Third Schedule to the Ordinance, (
- ii)the quantity and weight of the scheduled substance and, where it consists of a mixture, the quantity and weight of the mixture as well as the quantity and weight or the percentage of any substance or substances specified in Categories 1 and 2 of Table I of the Third Schedule to the Ordinance which are contained in the mixture, and (iii) the name and address of the supplier, distributor and of the consignee. (
- b)Such documentation must furthermore contain a declaration from the customer which shows the specific uses of the substances. A separate declaration, as specified in Annex III, shall be required for each substance in Categories 1 or 2 of Table I of the Third Schedule to the Ordinance. (
- c)Without prejudice to the foregoing paragraphs, a regular customer obtaining from a supplier a scheduled substance specified in Category 2 of Table I of the Third Schedule to the Ordinance may provide a single declaration, as specified in Annex IV, covering all transactions involving that substance over a period of one year, provided that: (
- i)the customer is one to whom he has supplied the substance on at least three occasions in the preceding twelve months, (
- ii)the supplier has no reason to suppose that the substance will be used for illicit purposes, and (iii) the quantities ordered are consistent with usual consumption for that customer.
(3)The obligations under sub-rule
(1)shall not, however, apply to transactions concerning scheduled substances in Category 2 of Table I of the Third Schedule to the Ordinance where the quantities involved do not exceed those indicated in Annex VII.
(4)Operators shall ensure that labels are affixed to scheduled substances in Categories 1 and 2 of Table I of the Third Schedule to the Ordinance before they are placed on the market. Such labels must show the names of the substances as given in Table I of the Third Schedule to the Ordinance. Operators may in addition affix their customary labels.
(5)Operators shall keep such detailed records of their activities as are required to comply with their obligations under sub-rule
(1). SUBSTANCES USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES [ S.L.101.05 9
(6)The documentation referred to in sub-rules
(1)and
(5)shall be kept for a period of not less than three years from the end of the calendar year in which the operation referred to in sub-rule
(1)took p l a c e , a n d m u s t b e r e a d i l y a va i l a b l e f o r i n sp e c t i o n b y t h e Superintendent upon request.
- Whosoever is found guilty to have committed an offence against any provision of these rules or against any article of Council Regulation (EC) No. 111/2005 of 22 December, 2004 lay i ng do wn ru l es fo r t he m o ni t ori ng of trad e be tw een th e Community and third countries in drug precursors and of Commission Regulation (EC) No 1277/2005 of 27 July 2005, laying down implementing rules for Regulation (EC) No 273/2004 of the European Parliament and of the Council on drug precursors and for Council Regulation (EC) No 111/2005 laying down rules for the monitoring of trade between the Community and third countries in drug precursors, shall be deemed to have committed an offence against the Ordinance and shall be liable on conviction to the punishment prescribed by the said Ordinance. Offences and penalties. Added by: L.N. 172 of
- 10 [ S.L.101.05 SUBSTANCES USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ANNEX I Substance Destination ANNEX II Substance Methylethyl ketone (MEK) Toluene Sulphuric acid1 Acetone Ethyl ether Hydrochloric acid1 Destination Argentina Bolivia Brazil Columbia Ecuador Guatemala Peru Argentina Bolivia Brazil Colombia Ecuador Guatemala Lebanon Iran Myanmar (Burma) Peru Singapore Turkey 1 This includes the salts of these substances except for sulphuric acid and hydrochloric acid whenever the existence of such salts is possible. SUBSTANCES USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES [ S.L.101.05 11 ANNEX III Declaration form for individual transactions in category 1 or 2 substances as specified in Table I in the Third Schedule to the Ordinance C U S T O M E R D E C L A R AT I O N O F S P E C I F I C U S E ( S ) O F T H E S C H E D U L E D CATEGORY 1 OR 2 SUBSTANCE (INDIVIDUAL TRANSACTIONS) I/We, Name .......................................................................................................... Address ...................................................................................................... Authorisation/Licence/Registration No or reference
(1)............................... Issued on ............................... by ............................................................... (name and address of authority) and valid until/without time limit (complete as appropriate) ........................ have ordered from: Name .......................................................................................................... Address ...................................................................................................... the following substance: (name and CN code)
(2)........................................ (quantity) ..................................... The substance will be used solely for .......................................................... We confirm that the substance referred to above will only be re-sold or otherwise supplied to a customer on the condition that the customer will furnish a declaration of use in accordance with this model or, for category 2 substances, a declaration relating to multiple transactions. Signature ...................................... Position ........................................
(1)Complete as appropriate.
(2)Combined Nomenclature code. Name .............................................. (in block capitals) Date ................................................ 12 [ S.L.101.05 SUBSTANCES USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ANNEX IV C U S T O M E R D E C L A R AT I O N O F S P E C I F I C U S E ( S ) O F T H E S C H E D U L E D CATEGORY 2 SUBSTANCE (MULTIPLE TRANSACTIONS) I/We, Name .......................................................................................................... Address ...................................................................................................... Registration No or reference ....................................................................... Registered on ............................... by ......................................................... (name and address of authority) and valid until/without time limit (complete as appropriate) ........................ intend to order from: Name .......................................................................................................... Address ...................................................................................................... the following substance: (name and CN code)
(1)........................................ (quantity) ..................................... The substance will be used solely for ........................................................... and represents a supply which on best estimate will be sufficient for ............. months (maximum of 12 months) We confirm that the substance referred to above will only be re-sold or otherwise supplied to a customer on the condition that the customer will furnish a declaration of use in accordance with this model or a declaration relating to individual transactions. Signature ...................................... Position ........................................
(1)Combined Nomenclature code. Name .............................................. (in block capitals) Date ................................................ SUBSTANCES USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES [ S.L.101.05 13 ANNEX V 1. COPY FOR ISSUING AUTHORITY Export authorisation for certain substances used in the illicit manufacture of narcotic drugs and psychotropic substances 1. Exporter (name and address) 2. AUTHORISATION Number: .......................................................... Issued (date): .................... (
- at)....................... 3. Date of dispatch envisaged: 4. Importer in the country of destination 5. Issuing authority (name and address) (name and address) 6. Other address) 8. operator/agent (name and 7. Customs office where export declaration will be lodged (name and address) Consignee (name and address) 9. Point of exit 10. Point of entry into importing country 11. Means of transport 12. Itinerary 13a. Full name of substance to be exported 13b. Full name of substance to be exported 18. Declaration by applicant 14a. CN code 15a. Net Weight 16a. % of mixture 17a. Invoice number 14b. CN code 15b. Net Weight 16b. % of mixture 17b. Invoice number 20. (For completion by customs office where export declaration is lodged) Name: .......................................................... No of customs export declaration .................... Representing: ............................. (applicant) Stamp Signature: .................................................... Date: ........................................................... 19. (For completion by issuing authority) Box 17 information still required Yes No Boxes 9, 10, 11, 12 information still required Yes No Signature: .................................................... Stamp Function: ..................................................... Date: ................................. 14 2. [ S.L.101.05 SUBSTANCES USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES COPY TO ACCOMPANY THE GOODS Export authorisation for certain substances used in the illicit manufacture of narcotic drugs and psychotropic substances 1. Exporter (name and address) 2. AUTHORISATION Number: .......................................................... Issued (date): .................... (
- at)....................... 3. Date of dispatch envisaged: 4. Importer in the country of destination 5. Issuing authority (name and address) (name and address) 6. Other address) 8. operator/agent (name and 7. Customs office where export declaration will be lodged (name and address) Consignee (name and address) 9. Point of exit 10. Point of entry into importing country 11. Means of transport 12. Itinerary 13a. Full name of substance to be exported 13b. Full name of substance to be exported 18. Declaration by applicant 14a. CN code 15a. Net Weight 16a. % of mixture 17a. Invoice number 14b. CN code 15b. Net Weight 16b. % of mixture 17b. Invoice number 20. (For completion by customs office where export declaration is lodged) Name: .......................................................... No of customs export declaration .................... Representing: ............................. (applicant) Stamp Signature: .................................................... Date: ........................................................... 19. (For completion by issuing authority) Box 17 information still required Yes No Boxes 9, 10, 11, 12 information still required Yes No Signature: .................................................... Stamp Function: ..................................................... Date: ................................. SUBSTANCES USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES 3. [ S.L.101.05 15 COPY FOR THE EXPORTER Export authorisation for certain substances used in the illicit manufacture of narcotic drugs and psychotropic substances 1. Exporter (name and address) 2. AUTHORISATION Number: .......................................................... Issued (date): .................... (
- at)....................... 3. Date of dispatch envisaged: 4. Importer in the country of destination 5. Issuing authority (name and address) (name and address) 6. Other address) 8. operator/agent (name and 7. Customs office where export declaration will be lodged (name and address) Consignee (name and address) 9. Point of exit 10. Point of entry into importing country 11. Means of transport 12. Itinerary 13a. Full name of substance to be exported 13b. Full name of substance to be exported 18. Declaration by applicant 14a. CN code 15a. Net Weight 16a. % of mixture 17a. Invoice number 14b. CN code 15b. Net Weight 16b. % of mixture 17b. Invoice number 20. (For completion by customs office where export declaration is lodged) Name: .......................................................... No of customs export declaration .................... Representing: ............................. (applicant) Stamp Signature: .................................................... Date: ........................................................... 19. (For completion by issuing authority) Box 17 information still required Yes No Boxes 9, 10, 11, 12 information still required Yes No Signature: .................................................... Stamp Function: ..................................................... Date: ................................. 16 [ S.L.101.05 SUBSTANCES USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES NOTES 1. Boxes 1, 3, 4 and 6 to 18 inclusive are to be completed by the applicant at the time of the request; however such information as required in boxes 9 to 12 and 17 may be supplied at a later stage, if the information is not known at the time of the request. In this case, the information for box 17 is to be supplemented at the latest when the export declaration is lodged and the supplementary information for boxes 9 to 12 is to be given to the customs or other authority at the point of exit before the physical departure of the goods. 2. Boxes 1, 4, 6 and 8: Enter full names and addresses as well as trading names. 3. Box 6: Enter full name and address of any other operator involved in the export operation such as transporter, broker, customs agent. 4. Box 8: Enter full name and address of the person or company to which the goods are delivered in the country of destination (not necessarily the enduser). 5 Boxes 9 and 10: Give the name port, airport or border point as appropriate. 6. Box 11: Specify all means of transport to be used (e.g. lorry, ship, plane, train, ete.). 7. Box 12: Give as full details as possible of the route to be taken. 8. Boxes 13 and 14: Enter both, name of substances and CN code, as set out in Table I of the Third Schedule to the Ordinance. 9. Boxes 13a, 13b: Identify packaaes and substances with precision (e.g. 2 cans of 5 litres each). In the case of mixtures, indicate commercial name and the quantitative data concemed. 10. Box 18: Indicate in block letters the name of the applicant or, where appropriate, of his authorised representative who signs this application. The signature of the applicant or his authorised representative, shall indicate that the person concerned is declaring that all the particulars provided on the application are correctly and fully stated. Without prejudice to the possible application of penal provisions, this declaration shall be equivalent to the engagement of responsibility in respect of: - the accuracy of the information given in the declaration - the authenticity of any documents attached, and - the observance of all the obligations inherent in the exportation of scheduled substances listed in these rules. Whenever the authorisation is issued by means of a computerised procedure, that authorisation may not contain the signature of the applicant in this box, if the application as such contains such signature. SUBSTANCES USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES [ S.L.101.05 17 ANNEX VI Open individual authorisation for export of substances listed in categories 2 and 3 of Table I of the Third Schedule to the Ordinance 1. The open individual authorisation form is the same as that referred to in Annex V. 2. It shall bear across the whole page, the following words: "Open individual export authorisation". 3. Only the boxes 1, 2, 5, 13 and 19 shall be completed. Box 13 shall be completed by the list of scheduled substances and destination countries authorised. ANNEX VII Substituted by: L.N. 2 of 2004. Substance Acetic anhydride Potassium permanganate Threshold 100 l 100 kg Anthranilic acid and its salts Phenylacetic acid and its salts 1 kg 1 kg Piperidine and its salts 0.5 kg