L.S. 117.44 Regolamenti li jimplimentaw l-Obbligi għall-Importaturi ta’ Landa, Tantalu, Tungstenu, il-minerali tagħhom, u Deheb

(1)The title of these regulations is the Obligations for importers of Tin, Tantalum, Tungsten, their ores, and Gold (Implementing) Regulations. Citation and scope.

(2)The scope of these regulations is to implement the requirements of Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas. 2. requires:

(1)In these regulations, unless the context otherwise "competent authority" means the Commerce Department as mentioned in the Second Schedule to the Public Administration Act; Interpretation. Cap. 595. "Regulation" means Commission Implementing of Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas.

(2)Unless the context otherwise requires, words and expressions used in these regulations shall have the same meaning assigned to them in Article 2 of the Regulation. 3. The national competent authority for the purposes of Article 10 of the Regulation shall be the Commerce Department. Establishment of competent authority. 4.

(1)An importer chosen for ex-post compliance check will be issued a Notification Letter – Request for Information, to submit an audit report to the competent authority within thirty

(30)days. Notification letter.

(2)Where an importer fails to submit the audit report to the competent authority within thirty

(30)days from the Notification Letter – Request for Information, without a justified reason for such failure to submit the report, he shall be liable to an administrative penalty of five hundred euro (€500). 2 [ S.L. 117.44 OBLIGATIONS FOR IMPORTERS OF TIN, TANTALUM, TUNGSTEN, THEIR ORES, AND GOLD (IMPLEMENTING)

(3)Where an importer fails to submit the audit report to the competent authority within thirty

(30)days from the Notification Letter – Request for Information, if he provides a justified reason for such failure within the same thirty

(30)days, the competent authority may, in its discretion, allow him a further fifteen

(15)days to submit the report. If the importer fails to submit the audit report following the expiration of the further two weeks, he shall be liable to an administrative penalty of five hundred euro (€500). Notice of remedial action. 5.

(1)Where the audit report submitted by the importer in accordance with regulation 4 contains shortcomings identified by the competent authority, the competent authority will issue a Notice of Remedial Action allowing thirty

(30)days for the importer to provide a time specified plan to implement remedial action.

(2)Where the importer fails to provide the time specified plan to implement remedial action within thirty

(30)days from notification of the Notice of Remedial Action, he shall be liable to an administrative penalty of five hundred euro (€500).

(3)Where an importer fails to submit the time specified plan to implement remedial action within thirty

(30)days from notification of the Notice of Remedial Action, if he provides a justified reason for such failure within the same thirty

(30)days, the competent authority may, in its discretion, prior to issuing the administrative penalty, allow him a further fifteen

(15)days after the expiry of the thirty

(30)day period to provide the requested time specified plan. Service. 6. Service of any letter or notice sent to the importer by the competent authority in accordance with these regulations shall be deemed to have been completed on the day of delivery by registered post at the importer’s place of residence or business or place of work or postal address of such person. Offences and fines. 7.

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

1. a)fails to comply with supply chain due diligence obligations set out in the Regulation; (
2. 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; (
3. 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; (
4. d)conspires or attempts, or aids, or abets, any other OBLIGATIONS FOR IMPORTERS OF TIN, TANTALUM, TUNGSTEN, THEIR ORES, AND GOLD (IMPLEMENTING) [ S.L. 117.44 3 person by whatever means, including advertising, counselling or procurement to contravene the provisions or requirements of this or the Regulation; (
5. 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; (
6. 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: (

1. 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 (
2. 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: (

1. 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 (
2. 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. 8.

(1)The provisions of articles 23 and 30

(1)of the Criminal Code shall, mutatis mutandis, apply to proceedings in respect of offences against these regulations, sohowever that the Applicability of the Criminal Code. Cap. 9. 4 [ S.L. 117.44 OBLIGATIONS FOR IMPORTERS OF TIN, TANTALUM, TUNGSTEN, THEIR ORES, AND GOLD (IMPLEMENTING) disqualification from holding or obtaining a warrant, licence, permit or authority shall in no case be less than one

(1)year. Cap. 9.

(2)Notwithstanding the provisions of article 370 of the Criminal Code, proceedings for an offence against these regulations shall be held before the Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as the case may be, and shall be in accordance with the provisions of the Criminal Code regulating the procedure before the said courts as courts of criminal judicature.