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SUBSTANCES USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES RULES

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Laws of Malta — Subsidiary Legislation 101.5 — SUBSTANCES USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES RULES

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 2008.

Laws of Malta — Subsidiary Legislation 101.5 — SUBSTANCES USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES RULES

The title of these Rules is the Substances used in the Illicit

Manufacture of Narcotic Drugs and Psychotropic Substances

Rules.

Laws of Malta — Subsidiary Legislation 101.5 — SUBSTANCES USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES RULES

In these rules, unless the context otherwise requires -

"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;

"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.

Laws of Malta — Subsidiary Legislation 101.5 — SUBSTANCES USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES RULES

The Superintendent shall be the competent authority

responsible for the implementation of these rules.

Laws of Malta — Subsidiary Legislation 101.5 — SUBSTANCES USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES RULES

(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

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.

Laws of Malta — Subsidiary Legislation 101.5 — SUBSTANCES USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES RULES

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.

Laws of Malta — Subsidiary Legislation 101.5 — SUBSTANCES USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES RULES

(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

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.

(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.

Laws of Malta — Subsidiary Legislation 101.5 — SUBSTANCES USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES RULES

(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)

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.

Laws of Malta — Subsidiary Legislation 101.5 — SUBSTANCES USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES RULES

(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

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

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.

Laws of Malta — Subsidiary Legislation 101.5 — SUBSTANCES USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES RULES

(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 -

(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.

Laws of Malta — Subsidiary Legislation 101.5 — SUBSTANCES USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES RULES

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.

Laws of Malta — Subsidiary Legislation 101.5 — SUBSTANCES USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES RULES

(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.

(2)

(a) All records must be open for inspection by the

Superintendent or of any officer acting on his behalf

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).

(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.

Laws of Malta — Subsidiary Legislation 101.5 — SUBSTANCES USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES RULES

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.

ANNEX I

Substance

Destination

ANNEX II

Substance

Destination

Methylethyl ketone (MEK)

Argentina

Toluene

Bolivia

Sulphuric acid 1

Brazil

Columbia

Ecuador

Guatemala

Peru

Acetone

Argentina

Ethyl ether

Bolivia

Hydrochloric acid 1

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.

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

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 ......................................

Name ..............................................

(in block capitals)

Position ........................................

Date ................................................

( 1 ) Complete as appropriate.

( 2 ) Combined Nomenclature code.

ANNEX IV

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 ......................................

Name ..............................................

(in block capitals)

Position ........................................

Date ................................................

( 1 ) Combined Nomenclature code.

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

operator/agent

(name

and 7. Customs office where export declaration

address)

will be lodged (name and address)

8. 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

14a. CN code

15a. Net Weight

16a. % of mixture

17a. Invoice number

13b. Full name of substance to be exported

14b. CN code

15b. Net Weight

16b. % of mixture

17b. Invoice number

Laws of Malta — Subsidiary Legislation 101.5 — SUBSTANCES USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES RULES

Declaration by applicant

Laws of Malta — Subsidiary Legislation 101.5 — SUBSTANCES USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES RULES

(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: .................................

2. 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

operator/agent

(name

and 7. Customs office where export declaration

address)

will be lodged (name and address)

8. 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

14a. CN code

15a. Net Weight

16a. % of mixture

17a. Invoice number

13b. Full name of substance to be exported

14b. CN code

15b. Net Weight

16b. % of mixture

17b. Invoice number

18. Declaration by applicant

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: .................................

3. 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

operator/agent

(name

and 7. Customs office where export declaration

address)

will be lodged (name and address)

8. 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

14a. CN code

15a. Net Weight

16a. % of mixture

17a. Invoice number

13b. Full name of substance to be exported

14b. CN code

15b. Net Weight

16b. % of mixture

17b. Invoice number

18. Declaration by applicant

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: .................................

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 end-

user).

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.

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

Threshold

Acetic anhydride

100 l

Potassium permanganate

100 kg

Anthranilic acid and its salts

1 kg

Phenylacetic acid and its salts

1 kg

Piperidine and its salts

0.5 kg

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