OBLIGATIONS FOR IMPORTERS OF TIN, TANTALUM, TUNGSTEN, THEIR ORES, AND GOLD (IMPLEMENTING) REGULATIONS

TUNGSTEN, THEIR ORES, AND GOLD (IMPLEMENTING)

SUBSIDIARY LEGISLATION 117.44

OBLIGATIONS FOR IMPORTERS OF TIN,

TANTALUM, TUNGSTEN, THEIR ORES, AND GOLD

(IMPLEMENTING) REGULATIONS

8th July, 2022

LEGAL NOTICE 200 of 2022.

(1)

The title of these regulations is the Obligations for

importers of Tin, Tantalum, Tungsten, their ores, and Gold

(Implementing) Regulations.

(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.

(1)

In these regulations, unless the context otherwise

requires

"competent authority" means the Commerce Department as

mentioned in the Second Schedule to the Public Administration Act;

"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.

The national competent authority for the purposes of

Article 10 of the Regulation shall be the Commerce Department.

(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.

(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).

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).

(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 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.

(1)

Any person shall be guilty of an offence under

these regulations if he

(a)

fails to comply with supply chain due diligence

obligations set out in the Regulation;

(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;

(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;

(d)

conspires or attempts, or aids, or abets, any other

TUNGSTEN, THEIR ORES, AND GOLD (IMPLEMENTING)

person by whatever means, including advertising, counselling

or procurement to contravene the provisions or requirements of

this or the Regulation;

(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;

(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

(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

(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

(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

(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.

(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

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.

(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.