Control of Exports Act 2023

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Forfeiture

64. (1) Any relevant item in respect of which an offence has been committed under this Act or any items which are packed with or used in concealing such relevant items, are liable to forfeiture and, where any such relevant items or items are found in, on, or in any manner attached to, any vehicle, such vehicle is deemed to have been made use of in the transport of such relevant items or items and shall also be liable to forfeiture.

(2) Where any relevant items, items or vehicles are liable to forfeiture under subsection (1), anything containing or that contained such relevant items, items or vehicles and anything made use of in the transport of such relevant items, items or vehicles, is liable to forfeiture.

(3) Subject to subsection (4), an authorised officer shall give notice of the seizure of anything as liable to forfeiture and of the grounds for seizure to any person who to the officer’s knowledge was at the time of the seizure the owner or one of the owners of the thing seized.

(4) Notice under subsection (3) need not be given under this section to a person if the seizure was made in the presence of the person whose offence or suspected offence occasioned the seizure or, in the case of anything seized in any vessel or aircraft, in the presence of the master or pilot-in-command of such vessel or aircraft.

(5) Notice under subsection (3) shall, if the person concerned has no known address in the State, be deemed to have been duly given to the person by publication of notice of the seizure concerned in Iris Oifigiúil.

(6) Where relevant items or other items referred to in subsection (1) or vehicles have been seized under this section as liable to forfeiture, a person (in this section referred to as the “claimant”) may—

(a) not later than 30 days from the date of the notice of seizure under this section, or

(b) where no such notice has been given, not later than 30 days from the date of the seizure,

give notice to the Minister of a claim (in this section referred to as a “notice of claim”) that the goods seized are not so liable.

(7) A notice of claim shall specify the full name and address of the claimant and the basis on which the claim is grounded and, where that address is outside the State, any documents relating to condemnation proceedings may be served at that address by post.

(8) If, on the expiration of a period referred to in subsection (6), no notice of claim has been given, the thing seized shall be deemed to have been duly condemned as forfeited, and the forfeiture shall apply from the date when the liability to forfeiture arose.

(9) Where a notice of claim has been given, the Minister shall, subject to subsections (1) and (2) of section 66 , bring condemnation proceedings for the condemnation of the thing concerned.