Customs Act 2015
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PART 3 Offences, Penalties and Proceedings | ||
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Offences relating to improper importation or exportation of goods | ||
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14. (1) A person who— | ||
(a) evades or attempts to evade duties of customs chargeable on the importation of any goods with intent to defraud the State, either directly or indirectly, of such duties, | ||
(b) takes possession, custody or charge of, removes, transports, deposits, conceals, or otherwise deals with any goods in respect of which any duties of customs are for the time being payable on importation, with intent to defraud the State, either directly or indirectly, of such duties, | ||
(c) imports into the State any goods contrary to any prohibition or restriction on importation of those goods, whether or not the goods are unloaded from the conveyance in which they were imported into the State, | ||
(d) takes possession, custody or charge of, removes, transports, deposits, conceals, or otherwise deals with any goods contrary to any prohibition or restriction on importation of those goods, whether or not the goods are unloaded from the conveyance in which they were imported into the State, | ||
(e) evades or attempts to evade any duties of customs chargeable on the export of goods with intent to defraud the State, either directly or indirectly, of such duties, or | ||
(f) exports or attempts to export from the State any goods contrary to any prohibition or restriction on exportation of those goods, | ||
commits an offence. | ||
(2) A person who commits an offence under this section is liable— | ||
(a) on summary conviction, to a fine of €5,000 or imprisonment for a term not exceeding 12 months or both, | ||
(b) on conviction on indictment, to a fine not exceeding— | ||
(i) €125,000, or | ||
(ii) where the value of the goods concerned, including the duty and tax payable on them, is greater than €250,000, three times that value, | ||
or imprisonment for a term not exceeding 5 years or both. | ||
(3) Section 13 of the Criminal Procedure Act 1967 applies in relation to an offence under this section as if, in place of the penalties specified in subsection (3) of the said section 13, there were specified in that subsection the penalties provided for by subsection (2)(a), and the reference in section 13 (2)(a) of the Criminal Procedure Act 1967 to the penalties provided for in subsection (3) of that section shall be construed and apply accordingly. | ||
(4) Nothing in this section shall prevent any action or other proceedings being brought for the collection or recovery of duties of customs. |