LANGUAGE
Last updated: May 7th 2019

Penalties

Violator
Enforcement Agency
Sanction(s)
 

Manufacturer

MICA : Ministère du l'industrie, du commerce et de l'artisanat (Industry, Commerce and Craft)
Fine, Jail, Other
(e.g., seizure of the product, publication of the violation/violator)
Analysis

The law does not distinguish between manufacturer, importer, wholesaler, or retailer but simply imposes penalties on persons who contravene the provisions of the law. Penalties include: imprisonment which may last from one to six months, a fine which ranges from 1 to 5 million CFA, or seizure and/or destruction sold in contravention of the Law. In addition, the law does not provide for corrective action except insofar as the jurisdiction must order the prohibition of any similar activity and seize and destroy tobacco products sold in contravention of the Law. Further, the fines are too low to have a deterrent effect on business entities. The law does not explicitly provide a mechanism for the application of fines in a graded fashion but simply states that the fine may extend to 1000 taka. The law does not address the possibility for repeat offenses.

To better align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should provide a range of penalties that are sufficiently large to deter violations and are graded and commensurate with the nature and seriousness of the violation and the legal duty of the violator. The penalties also should outweigh the potential economic benefits to be derived and should increase for repeat violations.

Importer

MICA : Ministère du l'industrie, du commerce et de l'artisanat (Industry, Commerce and Craft)
Fine, Jail, Other
(e.g., seizure of the product, publication of the violation/violator)
Analysis

The law does not distinguish between manufacturer, importer, wholesaler, or retailer but simply imposes penalties on persons who contravene the provisions of the law. Penalties include: imprisonment which may last from one to six months, a fine which ranges from 1 to 5 million CFA, or seizure and/or destruction sold in contravention of the Law. In addition, the law does not provide for corrective action except insofar as the jurisdiction must order the prohibition of any similar activity and seize and destroy tobacco products sold in contravention of the Law. Further, the fines are too low to have a deterrent effect on business entities. The law does not explicitly provide a mechanism for the application of fines in a graded fashion but simply states that the fine may extend to 1000 taka. The law does not address the possibility for repeat offenses.

To better align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should provide a range of penalties that are sufficiently large to deter violations and are graded and commensurate with the nature and seriousness of the violation and the legal duty of the violator. The penalties also should outweigh the potential economic benefits to be derived and should increase for repeat violations.

Wholesaler

MICA : Ministère du l'industrie, du commerce et de l'artisanat (Industry, Commerce and Craft)
Fine, Jail, Other
(e.g., seizure of the product, publication of the violation/violator)
Analysis

The law does not distinguish between manufacturer, importer, wholesaler, or retailer but simply imposes penalties on persons who contravene the provisions of the law. Penalties include: imprisonment which may last from one to six months, a fine which ranges from 1 to 5 million CFA, or seizure and/or destruction sold in contravention of the Law. In addition, the law does not provide for corrective action except insofar as the jurisdiction must order the prohibition of any similar activity and seize and destroy tobacco products sold in contravention of the Law. Further, the fines are too low to have a deterrent effect on business entities. The law does not explicitly provide a mechanism for the application of fines in a graded fashion but simply states that the fine may extend to 1000 taka. The law does not address the possibility for repeat offenses.

To better align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should provide a range of penalties that are sufficiently large to deter violations and are graded and commensurate with the nature and seriousness of the violation and the legal duty of the violator. The penalties also should outweigh the potential economic benefits to be derived and should increase for repeat violations.

Retailer

MICA : Ministère du l'industrie, du commerce et de l'artisanat (Industry, Commerce and Craft)
Fine, Jail, Other
(e.g., seizure of the product, publication of the violation/violator)
Analysis

The law does not distinguish between manufacturer, importer, wholesaler, or retailer but simply imposes penalties on persons who contravene the provisions of the law. Penalties include: imprisonment which may last from one to six months, a fine which ranges from 1 to 5 million CFA, or seizure and/or destruction sold in contravention of the Law. In addition, the law does not provide for corrective action except insofar as the jurisdiction must order the prohibition of any similar activity and seize and destroy tobacco products sold in contravention of the Law. Further, the fines are too low to have a deterrent effect on business entities. The law does not explicitly provide a mechanism for the application of fines in a graded fashion but simply states that the fine may extend to 1000 taka. The law does not address the possibility for repeat offenses.

To better align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should provide a range of penalties that are sufficiently large to deter violations and are graded and commensurate with the nature and seriousness of the violation and the legal duty of the violator. The penalties also should outweigh the potential economic benefits to be derived and should increase for repeat violations.