LANGUAGE
Last updated: September 18th 2019

Penalties

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

Advertising and Promotion

Uncertain
Fine, License suspension or revocation
Enforcement Agency

Ministry of Health

Analysis

For violations of advertising and promotion provisions, Resolution No. 012/2006 provides that “the sanctions indicated in the legal ordinances in force are to be imposed.” The Organic Law on Health sets out the range of penalties that may be applied for violation of any regulations adopted by the Ministry of Health. These penalties include: fines between 12 and 1500 tax units, which may be doubled for repeat offenses, and temporary or permanent closure of the establishment.

It is unclear from the law which entities – i.e., manufacturers, advertisers, or media owners – may be held responsible.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range of penalties for violations of the law with increased penalties for repeat offenses. However, the law should specify which entities may be held responsible for violations of advertising and promotion provisions.

Sponsorship

Uncertain
Fine, License suspension or revocation
Enforcement Agency

Ministry of Health

Analysis

For violations of sponsorship provisions, Resolution No. 012/2006 provides that “the sanctions indicated in the legal ordinances in force are to be imposed.” The Organic Law on Health sets out the range of penalties that may be applied for violation of any regulations adopted by the Ministry of Health. These penalties include: fines between 12 and 1500 tax units, which may be doubled for repeat offenses, and temporary or permanent closure of the establishment. It is unclear from the law which entities – i.e., manufacturers, advertisers, or media owners – may be held responsible.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range of penalties for violations of the law with increased penalties for repeat offenses. However, the law should specify which entities may be held responsible for violations of sponsorship provisions.