LANGUAGE
Last updated: February 10th 2020

Penalties

Violator
Enforcement Agency
Sanction(s)
 

Manufacturer

Competent administrative authorities
Fine, Business License Suspension or Revocation, Jail, Other
(e.g., seizure of the product, publication of the violation/violator)
Analysis

The law imposes a punishment of six months of imprisonment and a fine of 3 million Djibouti Francs on any person or entity violating the law. In addition, the competent public institutions are permitted to seize any non-compliant products. Similarly, the Ministry of Health may order a manufacturer to remove all non-compliant products from the market at the manufacturer’s expense.

In cases of repeat offenses, the sentence and fine may be doubled, and the court shall prohibit the offender for five years from engaging in the importation, transit, trade, or any other commercial activity involving tobacco, tobacco products or derivatives, and accessories.

These provisions align with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that they provide for a range of penalties; cumulative penalties for multiple violations; and other corrective action such as confiscation and destruction of non-complying products.

Importer

Competent administrative authorities
Fine, Business License Suspension or Revocation, Jail, Other
(e.g., seizure of the product, publication of the violation/violator)
Analysis

The law imposes a punishment of six months of imprisonment and a fine of 3 million Djibouti Francs on any person or entity violating the law. In addition, the competent public institutions are permitted to seize any non-compliant products.

In cases of repeat offenses, the sentence and fine may be doubled, and the court shall prohibit the offender for five years from engaging in the importation, transit, trade, or any other commercial activity involving tobacco, tobacco products or derivatives, and accessories.

These provisions align with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that they provide for a range of penalties; cumulative penalties for multiple violations; and other corrective action such as confiscation and destruction of non-complying products.

Wholesaler

Competent administrative authorities
Fine, Business License Suspension or Revocation, Jail, Other
(e.g., seizure of the product, publication of the violation/violator)
Analysis

The law imposes a punishment of six months of imprisonment and a fine of 3 million Djibouti Francs on any person or entity violating the law. In addition, the competent public institutions are permitted to seize any non-compliant products.

In cases of repeat offenses, the sentence and fine may be doubled, and the court shall prohibit the offender for five years from engaging in the importation, transit, trade, or any other commercial activity involving tobacco, tobacco products or derivatives, and accessories.

These provisions align with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that they provide for a range of penalties; cumulative penalties for multiple violations; and other corrective action such as confiscation and destruction of non-complying products.

Retailer

Competent administrative authorities
Fine, Business License Suspension or Revocation, Jail, Other
(e.g., seizure of the product, publication of the violation/violator)
Analysis

The law imposes a punishment of six months of imprisonment and a fine of 3 million Djibouti Francs on any person or entity violating the law. In addition, the competent public institutions are permitted to seize any non-compliant products.

In cases of repeat offenses, the sentence and fine may be doubled, and the court shall prohibit the offender for five years from engaging in the importation, transit, trade, or any other commercial activity involving tobacco, tobacco products or derivatives, and accessories.

These provisions align with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that they provide for a range of penalties; cumulative penalties for multiple violations; and other corrective action such as confiscation and destruction of non-complying products.