Exchange Control Act, 1954
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Payment for exports. |
17.—(1) The exportation of goods of any class or description to a destination in any territory, other than the scheduled territories, is hereby prohibited, except with the permission of the Minister, unless— | |
(a) (i) there is produced to the Revenue Commissioners the prescribed evidence that payment for the goods in such manner as may be prescribed in relation to goods of that class or description exported to a destination in that territory has been made to a person in the State, and | ||
(ii) the Revenue Commissioners are satisfied that the amount of the payment that has been made is such as to represent a return for the goods which is, in all the circumstances, adequate, or | ||
(b) the Revenue Commissioners are satisfied that— | ||
(i) payment for the goods in such manner as may be prescribed in relation to goods of that class or description exported to a destination in that territory is to be made to a person in the State within six months after the date of the exportation, and | ||
(ii) the amount of the payment that is to be made is such as to represent a return for the goods which is, in all the circumstances, adequate. | ||
(2) (a) For the purpose of satisfying themselves in the case of any goods as to the matters specified in paragraphs (a) and (b) of subsection (1) of this section and without prejudice to the powers conferred by section 24 of the Finance Act, 1938 (No. 25 of 1938), the Revenue Commissioners may require the person making entry of the goods for export to deliver to the collector or other proper officer of customs, together with the entry, such declarations, signed by such persons, and such documents as the Revenue Commissioners think fit. | ||
(b) Where a person is required to deliver a declaration or a document under this subsection, the goods shall not be exported until the declaration or document has been delivered. | ||
(3) Where goods are exported before receipt of payment to a destination outside the scheduled territories, the person exporting the goods shall, unless the Minister otherwise specifies, produce to the Revenue Commissioners, within seven months, or such longer period as the Minister may specify, after the date of exportation, the prescribed evidence showing the amount and manner of payment for the goods. | ||
(4) It shall be a good defence to a prosecution for a contravention of subsection (3) of this section that the failure to produce the evidence required by the subsection was due to no fault of the defendant. |