Penalties

Last updated: December 21, 2024
Violation
Enforcement Agency
Sanction(s)

Content regulation

Uncertain
Fine
Enforcement Agency

Uncertain

Entities that can be held responsible

Individuals, Businesses

Analysis

The law does not contain a specific provision regarding violation of content regulations. The Administrative Offenses Code contains a provision on penalties for violations of all types of sales restrictions, which we interpret to apply to content regulations. The law imposes the following fines for different entities: (1) for physical persons, a warning or a fine in the amount of 15 monthly calculation indices; (2) for small businesses, a fine in the amount of 30 monthly calculation indices; (3) for medium-sized businesses, a fine in the amount of 50 monthly calculation indices; and (4) for large businesses, a fine in the amount of 70 monthly calculation indices.

A repeat offense within a one-year period is punishable by: (1) for physical persons a fine in the amount of 20 monthly calculation indices; (2) for small businesses, a fine in the amount of 50 monthly calculation indices; (3) for medium-sized businesses, a fine in the amount of 100 monthly calculation indices; and (4) for large business, a fine in the amount of 120 monthly calculation indices.

The law aligns with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines in that it imposes sanctions for content regulation violations.

Disclosure requirement

Uncertain

Fine
Enforcement Agency

Uncertain

Entities that can be held responsible

Manufacturer, Importer

Analysis

The law does not contain a specific provision regarding violation of disclosure requirements. The Administrative Offenses Code contains a provision on penalties for violations of all types of sales requirements, which we interpret to apply to violations of disclosure requirements. The law lists the following fines for different entities: (1) for physical persons, a warning or a fine in the amount of 15 monthly calculation indices; (2) for small businesses, a fine in the amount of 30 monthly calculation indices; (3) for medium-sized businesses, a fine in the amount of 50 monthly calculation indices; and (4) for large businesses, a fine in the amount of 70 monthly calculation indices.

A repeat offense within a one-year period is punishable by: (1) for physical persons a fine in the amount of 20 monthly calculation indices; (2) for small businesses, a fine in the amount of 50 monthly calculation indices; (3) for medium-sized businesses, a fine in the amount of 100 monthly calculation indices; and (4) for large business, a fine in the amount of 120 monthly calculation indices.

The law aligns with FCTC Art. 10 and the FCTC Arts. 9 & 10 Partial Guidelines in that the law imposes sanctions for disclosure violations.