Finance Act, 1992

Movement of excisable products under a duty-suspension arrangement to the State from other Member States.

110.—(1) This section applies to the receipt of excisable products under a duty-suspension arrangement by persons resident or established in the State from a person authorised by the authorities of another Member State to operate a tax warehouse under the provisions of Article 12 of the Directive.

(2) An authorised warehousekeeper may receive excisable products from a person authorised by the authorities of another Member State to operate a tax warehouse under the provisions of Article 12 of the Directive.

(3) It shall be unlawful for any person, other than an authorised warehousekeeper, to receive excisable products under a duty-suspension arrangement from a person authorised by the authorities of another Member State to operate a tax warehouse under the provisions of Article 12 of the Directive unless he is—

(a) a registered trader, or

(b) a non-registered trader and complies with the provisions of subsection (5).

(4) (a) This subsection applies to the trader referred to in paragraph (a) of subsection (3).

(b) A trader shall neither hold nor dispatch excisable products under a duty-suspension arrangement.

(c) Registration of a trader shall be granted for such periods and shall be subject to such conditions (including the provision of security, the keeping of specified accounts and records and compliance with any other specified control requirements) as the Commissioners may prescribe in regulations under section 117 .

(d) The Commissioners may at any time for reasonable cause and following such notice as is reasonable in the circumstances revoke any registration so granted or vary its terms.

(e) Excise duty shall be chargeable at the time of receipt of excisable products by the said trader and shall be charged, levied and paid in the manner prescribed.

(5) (a) This subsection applies to the trader referred to in paragraph (b) of subsection (3).

(b) A trader shall neither hold nor dispatch excisable products under a duty-suspension arrangement and shall, in relation to each and every transaction involving excisable products to which this section applies, be required to—

(i) declare in writing to an officer his intention to obtain excisable products under a duty-suspension arrangment from another Member State, in advance of the dispatch of the said excisable products from that Member State, giving details of the intended transaction in the manner prescribed,

(ii) provide appropriate security to cover his liability for the payment of the excise duty on the said excisable products in the State,

(iii) pay the excise duty on receipt of the products in the manner prescribed, and

(iv) comply with such other requirements as may be prescribed.

(6) Where excisable products to which this section applies are found in the State and a requirement or condition specified in subsection (4) or (5) or in any regulations made under either of the said subsections has not been complied with in respect of the said excisable products, any person in whose possession or charge the said excisable products are found shall be presumed, until the contrary is proved, to have contravened or failed to comply with (as the case may be) subsection (4) or (5), as appropriate.

(7) Any person who contravenes or fails to comply with any provision of this section or any regulations made thereunder or any person who takes possession or charge of excisable products to which this section applies in the knowledge that a requirement or condition specified in subsection (4) or (5) or in any regulations made under either of the said subsections has not been complied with in respect of those products shall be guilty of an offence and shall, without prejudice to any other penalty to which he may be liable, be liable on summary conviction to a customs penalty of £1,000.

(8) Any excisable products in respect of which an offence has been committed under this section or any goods which are packed with or used in concealing such products, shall be liable to forfeiture and, where any such products are found in, on, or in any manner attached to, any vehicle or other conveyance, the said vehicle or other conveyance shall be deemed to have been made use of in the conveyance of the said products and shall also be liable to forfeiture.