Section 10. The Meeting of FTC must be attended by not less
than one-half of the total number of members to constitute a quorum.
If the chairman is not present or is unable to carry out his duty,
the members present shall elect one among themselves to preside over the
meeting.
Section 11. The decision of the meeting shall be by a majority
of votes.
In casting votes, each member shall have one vote; if the votes
are equal, the person who presides over the meeting shall have an additional
vote as the casting vote.
Section 12. FTC has the power to appoint a sub-committee to
carry out activities or to consider matters which are within the scope of powers
and duties of the Committee.
The provisions of section 10 and section 11 shall apply mutatis
mutandis to the meeting of the sub-committee.
Section 13. A revolving fund shall be established in the
Ministry of Commerce to finance the expenses in connection with the
promotion of international trade to be called International Trade Promotion
Fund comprising money and other properties as follows:
(1) surcharges under section 6;
(2) money and other properties received from the Government or
other domestic or international sources or international organisations or other
person;
(3) interest accrued from the Fund.
Money and other properties under paragraph one shall belong to
the Fund without having to be remitted to the Treasury as State revenue.
The rules and procedure on the administration and allocation of proceeds of
the Fund shall be in accordance with the regulations prescribed by
the Minister of Commerce with the approval of the Council of Ministers.
Section 14. The Minister of Commerce shall have the power to
deposit the proceeds of the Fund in a saving or fixed account at the bank which
is a State enterprise and to receive interest accrued therefrom or purchase
government securities.
Section 15. The Minister of Finance shall have the power to
publish in the Government Gazette the Notification specifying any port or place
within the Kingdom through which goods may be exported or imported under
this Act.
Section 16. The customs laws and the powers of the customs
officials thereunder specifically concerning examination of goods and
prevention of smuggling, search, seizure and forfeiture, arrest of offenders,
false declarations and legal proceedings shall also apply to exports and imports
under this Act.
Section 17. For the execution of this Act, the competent
officials shall have the following powers and duties:
(1) to enter any office, place of production or warehouse or any
vehicle belonging to the exporter or importer or any person during the period
between sunrise and sunset or during office hours of such place to search or
examine goods if there is a reason to suspect that an offence under this Act has
been committed;
(2) to request relevant documents or evidence from an exporter or importer or
from any person concerned therewith;
(3) to order the seizure or attachment of documents or things in
connection with the commission of an offence for the purpose of instituting
legal proceedings if there is a reason to suspect that an offence under this Act
has been committed;
(4) to sommon any person to give statements or to provide
accounts, documents or other evidence if there is a reason to believe that the
same may be useful in the discovery of offences committed under this Act.
All persons concerned shall provide appropriate facilities to the
competent officials in the performance of their duties.
Section 18. In the performance of their duties under this Act,
the competent officials shall produce their identity cards to the persons
concerned.
The identity cards of competent officials shall be in such form as
prescribed in the Ministerial Regulation.
Section 19. In the case where a person requires a competent
official to perform duties under this Act during holidays or outside official
working hours or outside his normal place of work whether during or outside
working hours, he shall pay the fees to the competent official performing such
duty at the rates prescribed in the Ministerial Regulation and pay actual and
necessary travelling expenses to the competent official.
Section 20. Whoever exports or imports goods prohibited under
section 5 (1) or violates section 7 paragraph one, shall be liable to a term of
imprisonment not exceeding ten years or to a fine equivalent to five times the
value of exported or imported goods, or to both, and the goods including
containers and vehicles used in connection with the transport thereof as well as
vehicles used in the haulage thereof shall be confiscated.
In the case where the offender has been apprehended, the Court
shall, upon a motion filed by the public prosecutor, pay reward to informers
thirty percent and to officers making the apprehension twenty-five per cent of
the net proceeds of the sale of goods confiscated by the Court or in the case
where there is no exhibits or the exhibits cannot be sold, the reward shall be
deducted from the fine paid to the Court.
In the case where there is no informer, a reward of thirty percent
of the net proceeds of the sale of goods confiscated by the Court shall be given
to the officer making the apprehension or in the case where the exhibits are not
confiscated or cannot be sold, the reward shall be deducted from the fine paid
to the Court.
In the case where there are several informers or officers making
the apprehension, the reward shall be equally shared among them.
In the case where there are exhibits but no offender has been
apprehended, the Director-General of the Department of Foreign Trade shall,
with the approval of the Minister of Commerce, have the power to pay the
reward which shall not exceed the rate prescribed in this section from the net
proceeds of the sale of exhibits which become vested in the State.
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