LANGUAGE
Last updated: February 10th 2020

Penalties

Activities / Violations
Entities That Can Be Held Responsible
Sanction(s)
 

Advertising and Promotion

Any person in violation of the advertising and promotion provisions
Fine, Jail, Other
Enforcement Agency

Ministry of Health

Analysis

The law requires the cessation of tobacco advertising and promotion and the decision is not subject to appeal.

The law imposes a prison term of six months and a fine of 3 million Djibouti Francs on any person who violates the law. In the case of repeat offenses, the sentence and fine may be doubled, and the offender shall be prohibited from engaging in the importation, transit, trade, or any other commercial activity involving tobacco products for five years.

Corporate entities are fully or partly jointly liable for the payment of the fines and court costs assessed to their directors or employees.

In accordance with FCTC Art. 13 Guideline para. 60, sanctions “should provide for effective, proportionate and dissuasive penalties.” The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that the penalties are dissuasive and increase in severity for repeated offenses. However, to more fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the drafters of the law should consider imposing other sanctions, such as corrective advertising remedies and more severe penalties for manufacturers and importers than for retailers and wholesalers. In addition, the drafters should consider imposing penalties that are graded and commensurate with the nature and seriousness of the offense(s).

Sponsorship

Any person in violation of the sponsorship provisions
Fine, Jail, Other
Enforcement Agency

Ministry of Health

Analysis

The law requires the cessation of the sponsorship activity and the decision is not subject to appeal.

The law imposes a prison term of six months and a fine of 3 million Djibouti Francs on any person who violates the law. In the case of repeat offenses, the sentence and fine may be doubled, and the offender shall be prohibited from engaging in the importation, transit, trade or any other commercial activity involving tobacco products for five years.

Corporate entities are fully or partly jointly liable for the payment of the fines and court costs assessed to their directors or employees.

In accordance with FCTC Art. 13 Guideline para. 60, sanctions “should provide for effective, proportionate and dissuasive penalties.” The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that the penalties are dissuasive and increase in severity for repeated offenses. However, to more fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the drafters of the law should consider imposing other sanctions, such as corrective advertising remedies and more severe penalties for manufacturers and importers than for retailers and wholesalers. In addition, the drafters should consider imposing penalties that are graded and commensurate with the nature and seriousness of the offense(s).