Export and Import Control Act, 1984 (No. 16 of 1984)

2. In this Act, unless the context otherwise requires - Interpre, "bona fide gift" means i211 unsolicited gift for which no charge tatlon 11;\:5 been malic or is to be made, sent to the addressee for his personal use or for tJ1C use of his family, and certifi- addressee ....1 1,'.';1'" f..... \,.; •....01" ...) .. '....{;, ""0 be a "bona fide b"ift·" , .. ,.: l,. .li'l..... ~ l. ,., ", I..i ;C<):~::'WH. Customs Area" means the combined areas of Bo- tswana, Lesotho, Republic of South Africa and Swazi- land; "Customs Union Agreement" means the agreement as defi- Act No. 10 ned in the Customs and Excise Act, 1982; of 1982 "Director" means the Director as defined in the Customs and Act No. 10 Excise Act, 1982; of 1982 <4Free on Board Price" means the price charged in respect of any imported goods by the exporter plus all the costs and charges incidental to the sale in question and to plac- ing such goods on board ship, aircraft or any vehicle ready for exportation and any agent's commission, cal- culated on such price, costs and charges, in respect of such goods; "goods" include all wares, articles, merchandise, animals, currency, matter or things; "Minister" means Minister responsible for Finance; "Officer" means the customs official or any member of the Lesotho Mounted Police or of the Lesotho Paramilitary Force.

3. (1) The Minister may, whenever he deems it necessary or expedient tin the public interest, by notice in the Gazette pres- Powers of cribe that no goods of a specified class or kind or no goods other the lfinlstar than goods of a specified class or kind shall be:- (a) imported into Lesotho; (b) imported into Lesotho, except under the authority of and in accordance with the conditions stated in a permit is- sued by him or by a person authorized by him; (c) exported from Lesotho; or (d) exported from Lesotho, except under the authority of and in accordance with the conditions stated in such • permit. (2) For the purposes of subsection (1) goods may be classi- fiC'd according to the source or origin, or the intermediate or final destination of goods or according to the channels along which or manner in which goods are imported or exported or according to the pl.1~l)OSCS for which goods are intended to be used. (3) A permit issued under subsection (1) may prescribe the quantity or value of goods which may be imported or exported thereunder, the price at which, tile period within which, the port through or from which, the country or territory from or to which and manner in which the goods concerned may be imported or ex- ported, and such other conditions of whatever nature as the Mini- ster may direct. (4) The Minister or 'any person authorized by him, may subject to an appeal to the High Court:- (a) amend or suspend any permit issued under subsection (1); or (b) cancel any permit if the holder of such permit has per- sistently contravened or failed to comply with the re- quirements of this Act or has committed any offence re- ferred to under section's. (5) The Minister may by like notice withdraw or amend any notice issued under subsection (1). (6) 'Where the holder of any post in the Public Service is, in terms of this section, authorized to issue a permit thereunder, any such permit may be issued by any person who at any time per- forms the functions attached to such post. Furnishing 4. The Minister or any person authorized by him may in of writing direct any person who imports, exports or manufactures information any goods or trades in any goods or in the course of his business to Minister or trade handles or has under his control any goods, to furnish the Minister within a specified time with any information at his disposal in relation to the importation,export, manufacture, sup- ply or storage of the goods concerned. Designation J! •

5. (1) The Director shall, subject to the control of the 0 ... mspec- Minister, be charged with the administration of the provisions of tars and this Act and shall perform the duties and may exerise the powers powers of director and imposed or conferred upon him by or under this Act. Inspectors (2) The Director may designate officers or employees in the Public Service as inspectors, who shall, subject to his control. per- form the duties and exercise the powers imposed or conferred upon them by or under this Act. (3) Subject to subjection (6), the Director or an inspector may conduct inv~stip,'~ti0m: to determine whether this Act or any notice issued thereunder or the conditions stated in a permit is- sued under section 3 are being or have been complied with or to gather such information as he may desire in connection with the performance of his duties or the exercise of his powers, and may at all reasonable times - (a) enter upon and inspect any place, premises or vehicle in or on which there is or is suspected to be manufactured, supplied, stored, handled, sold, removed, transported or otherwise dealt with, any goods to which this Act applies; (b) direct any person who manufactures, supplies, stores, handles, sells, removes, transports or otherwise deals with, or has manufactured, supplied, stored, handled, sold, removed, transported or otherwise dealt with, such goods, or any servant or agent of such a person- (i) to produce to the Director or inspector any such goods or book or other document in connection with such goods in his custody or under his control; (il) to furnish the Director or inspector at such place and in such manner as he may specify, with such infor- mation in relation to such goods, book or document as he may specify; (c) inspect any such goods or any book or document or make extracts from or copies of any such book or document; (d) seize any goods or any book or document which may af- ford evidence of any offence in terms of this Act, and remove from, or leave on, the place, premises or vehicle concerned any such goods, book or document or any quantity thereof and, if he considers it necessary, leave on such goods, book or document or the container there- of, any identification mark or seal which he considers necessary, (4) Any person having in his custody or under his control goods or any book or document referred to in subsection (3), or any servant or agent of any such person shall at the request of the Director render such assistance as may be necessary to exa- mine such goods, book or document. (5) The Director or inspector shall furnish to the owner or person in control of, or who has in his custody, anything seized and removed under subsection (3) with a receipt. (6) The Director or an inspector shall not exercise any powers under this section unless he :is at the time of exercising such power in possession of a certificate issued - (a) in the case of the Director, by the Minister or a person authorized by him; or (b) in the case of an inspector. by the Director, in which it . i~ stated that he is authorized to exercise such powers. which certificate shall be produced on demand. . O~i'ence'l 4l:ui 6. (1) Any person who - pCllJllties (a) imports or exports any goods in contravention of any notice issued under Section 3; (0) fails to comply with any condition stated in a permit is- sued under Section 3; (c) fails to comply with a direction made under Section 4; (d) furnishes any false information in complying with such direction; (e) fails to comply with a direction referred to in Section 5(3) (b); (f) contravenes or fails to comply with the provisions of Section 5 (4) ; tg) hinders or obstructs the Director or any inspector in the performance of his duties or in the exercise of his po- ,,;'C:.i:S under this Act; or (Ii) l'~:p .esents himself to be the Director (H' an inspector, is guilty of an offence and liable on conviction to a fine not ex- ceeding M2,OOO or imprisonment for a period not exceeding two years or to both. JurisdicUOD 7. Notwithstanding anything to the contrary in any other law contained, a Subordinate court of the First Class or a subordi- nate court of higher jurisdiction shall have jurisdiction to impose any penalty prescribed by this Act. Repeal and 8. (1) The Exportation and Importation Restriction Pro- savings clamation, 1941 is repealed. Proclama- tion No.4 (2) Provided that any notice, regulation, rule, declaration, of 1941 direction, approval, authority, return, Licence, permit, certificate, bond.or document issued, renewed, promulgated, made, given or granted, or anything done or suffered or deemed to have been done, under any provision of the Proclamation repealed by this section, shall be deemed to have been issued, renewed, promul- p'atcd, made, riven, granted or done under the corresponding pro- vision of this Act.