The businessman was spotted by Customs at the main wharf in Port Vila with a truckload of sandalwood being inspected by the crews of the Ark Peace.
When demanded of his sandalwood export permit, he stated that he does not have one and that he was hoping to get the permit later from the Department of Forestry. According to the Department of Forestry, even a 1kg piece of sandalwood would require an export permit from Forestry.
It was obvious by the quantity of the goods on the persons truck, that if he hadn’t been intercepted by Customs, he would have definitely sold the goods to the crews who were due to depart the very next day, which was a Saturday, and which obtaining a permit from the Department of Forestry would still not be possible. This is therefore a breach of section 178 of the Customs Act which states that “an attempt to commit an offence against this Act is punishable in the same manner and gives rise to the same cause for seizure if the offence had been committed”.
The businessman was given 10 working days to sort out the payment or the penalty will be subject to a further 1,000vt for each day as per section 105 of the Customs Act.
Two things to note in this case are:
- There are a number of laws which gives Customs the authority to enforce at our borders on behalf of the Regulating Authorities to ensure we protect our communities from incoming or even outgoing goods.
- Section 178 of the Customs Act clearly states that Customs can penalize or prosecute person(s) who have not actually committed an offence, but who are attempting to do so.
Source: Ronald Noah, Vanuatu Customs, member of ENVIRONET
