Last updated: December 9, 2022

Penalties

Violation
Enforcement Agency
Sanction(s)

Content regulation

Uncertain
Fine
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
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.