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Chapter
1
Classification of Customs Offenses
Article 88. Customs offenses are classified in two categories
: three degrees of minor offenses and two degrees of major offences.
Article 89. Minor offenses at the first degree include:
- Delayed detailed customs declaration;
- Inaccurate and incomplete declaration without impact on customs
duties and on prohibition measures;
- Concealment, hindrance and refusal to present the necessary documents
to customs officers' duties;
- Other offenses not classified under other categories.
Any persons guilty of minor offenses at the first degree shall
be fined no less than ten thousand kips and no more than one hundred
thousand kips.
Article 90. Minor offenses at the second degree include:
- Declaration of goods or containers in excess or less than the
actual number;
- Declaration of goods or containers in excess or less than the
actual number;
- Goods less or in excess to the actual quantity and failure to
declare;
- Other infractions not classified under other categories;
Any persons guilty of minor offences at the second degree shall
be considered as responsible for customs evasion in view of reducing
or avoiding payment of customs duty and shall pay customs duties
and other fees in totality according to the law and regulations,
together with fines equaling the evaded duties. At the second offence
the fines shall be equal to two fold the payable customs duties.
Seized non-prohibited goods and materials used for concealment and
vehicles used in the offence shall be restituted to their owners
after payment of customs duties and fines in totality.
Article 91. Minor offences at the third degree includes:
- Third minor offences at the second degree;
- Import or export of non-prohibited goods into or out from the
Lao People's Democratic Republic without detailed customs declarations;
- Inaccurate data declaration influencing customs duties;
- Voluntary false declaration of the mane of the freight forwarder
at the point of departure and name of the actual freight receiver
at the point of destination;
- Inaccurate declaration for the purpose of receiving customs duty
exemption;
- Concealment of non-prohibited goods to elsewhere which does not
enjoy privilege for the consumption of such goods.
- Presentation of several units or containers grouped as one unit
or container to customs officers;
- Concealment of goods through the sue of vehicles or materials
for customs evasion
Persons guilty of customs offenses at the third degree shall pay
duties if such duty has not yet been paid and other fees in totality
according to the laws and regulations, together with fines equaling
who fold the evaded duties. At the second offence, the fine shall
be equal to three fold.
Seized non-prohibited commodities and materials used for concealment
and vehicles used in the offence shall be restituted to their owners
after full payment of duties and fines.
In case of repeated offenses over two times, the offender shall
be subjected to court procedures.
Article 92. A Major offence at the first degree includes
the export or import, removal, procession of prohibited commodities
without proper authorization.
Any person committing major offences at the first degree shall
be subject to a lawsuit and fined two folds the goods' value while
the illicit goods shall be confiscated in totality, including materials
and vehicles used in the offence.
Article 93. A Major offence at the second degree includes
the smuggled export or import, circulation or possession of prohibited
goods jointly by a collective organization.
Any person guilty of major offences at the second degree will be
subject to a lawsuit and fined three fold the goods' value, while
the illicit goods shall be confiscated in totality, including materials
and vehicles used in the offence.
Article 94. As customs officers discover illicit goods belonging
to general criminals case, such as: weapons, opium, heroin or other
narcotics, or if customs officers are offended, threatened or subjected
to physical injuries, the customs authorities shall induce an initial
lawsuit, then hand over the court file, the defendant and the evidence
to the investigation police and establish a file for presentation
to the prosecutor.
Chapter
2
Certain Additional Penalties
for Customs Offenses
Article 95. In addition to the main offenses as mentioned
in Article 89 to 94 above, goods shall be seized in the following
cases:
- Substituted goods or goods to be substituted under the duty suspension
regime;
- Substitution or withdrawal of goods during international transportation;
- Import or export of goods without passing through the border customs
office;
- Replacement, withdrawal of goods placed under the customs' supervision.
Article 96. If the decides on venalities on the charge of
transgression to the customs suspension regime, the offender shall
not be authorized to temporarily import or export the goods, nor
to send goods across the border, nor to store the goods in the warehouse.
Persons allowing offenders to use their names for the purpose of
evading the above penalties shall be liable to receive equal penalty.
Article 97. If goods which should be confiscated are seized
or not, but if there is sufficient evidence, the customs authorities
may request the court to decide their confiscated in case.
Article 98. In case of offences belonging to several categories,
either minor or major, additional penalty shall be decided in favor
of the Government depending on the nature of the offence.
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