Last updated: March 6, 2020
Penalties
Advertising and Promotion
Persons (natural or juridical), associations, and owners of private establishments who violate Arts. 15(1)(d)-(f)
Advertising agencies, promoters, manufacturers and other public and private bodies who violate Arts. 19-22
Tobacco industry
(e.g., seizure of the product, publication of the violation/violator)
Health Inspection Services, Municipal Health Authorities, Inspection of Games and the National Police of East Timor/Policia Nacional de Timor-Leste (PNTL)
Article 26(1)(c) provides for fines between US $70-$500 for persons, associations, and owners of private establishments who violate the tobacco sales violations in Arts. 15(1)(d)-(f). Article 27(1) provides for product seizure and forfeiture to the State for the same violations.
Article 26(1)(f) provides for fines ranging from US $100-$5,000 for “commercial entities” that violate the tobacco advertising, promotion, and sponsorship provisions at Arts. 19-22. Article 26(1)(h) provides for increased fines from US $500-$10,000.00, for “tobacco industry” violators of those same provisions. Articles 31(3)(c)-(f) also provide for seizure of various products and materials for violations of tobacco advertising, promotion, and sponsorship at Arts. 19-21. If such seizure is thwarted, Art. 32 provides for the maximum fine allowed for the offense plus an additional penalty of 50% of that amount. Finally, Art. 31(3)(g) allows removal and destruction of advertising structures or supports for tobacco products when a definitive enforcement decision has been made finding them illegal.
The law aligns with the FCTC Art. 13 and FCTC Art. 13 Guidelines in that it imposes penalties for violations of tobacco advertising and promotion provisions. To more fully align, though, the law should consider imposing increased penalties for repeat violations and additional or alternative penalties such as license suspension or revocation.
Sponsorship
Advertising agencies, promoters, manufacturers and other public and private bodies who violate Arts. 21 and 22
Tobacco industry
(e.g., seizure of the product, publication of the violation/violator)
Health Inspection Services, Municipal Health Authorities, Inspection of Games and the National Police of East Timor/Policia Nacional de Timor-Leste (PNTL)
Article 26(1)(f) provides for fines ranging from US $100-$5,000 for “commercial entities” that violate the sponsorship restrictions at Arts. 21 and 22. Article 26(1)(h) provides for increased fines from US $500-$10,000.00, for “tobacco industry” violators of those same provisions.
The law aligns with the FCTC Art. 13 and FCTC Art. 13 Guidelines in that it imposes penalties for violations of tobacco sponsorship provisions. To more fully align, though, the law should consider imposing increased penalties for repeat violations and additional or alternative penalties such as license suspension or revocation.
