| 贸易法（英文） |
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| 2003-01-13 08:20 |
In The Name of Allah, The Gracious, The Merciful
Provisional Decree
The Trade (Organization) Act, 1994
In accordance with the provisions of Article 27 of the 5th. Constitutional Decree, The President of the Republic hereby makes the following Provisional Decree:-
Chapter I
Preliminary Provisions
Title and commencement
1. This Provisional Decree may be cited as the, "Trade (Organization) Act, 1994", and shall come into force, as from the date of signature.
Repeal
2. The Goods Control Act, 1978 shall be repealed; provided that all the regulations and orders made under the provisions thereof shall remain in force, until revoked or amended, in accordance with the provisions of this Act.
Interpretation
3. In this Act, unless the context otherwise requires, : -
"Commodities", include all goods in which trade exchange is made;
"Concealment", means the possession of any commodity under such circumstances, as may warrant the existence of a reasonable doubt that the possessor or proprietor thereof refrains from selling the same to the public;
"Court", means the competent court under section 23;
"Governor", means the Governor of the state provided for in the 4th. Constitutional Decree, 1991;
"Minister", means the Minister of Industry and Trade;
"Ministry", means the Federal Ministry of Industry and Trade;
"Monopoly", means obtaining and control of a certain commodity, or commodities, with a view to control the prices and distribution thereof;
"National factories", mean such factories, as may produce commodities distributed at all the country level, and do not include such factories, as the production of which is consumed locally, at the level of the state, wherein the factory is established, or the neighboring state, to the exclusion of the rest of the country, as the Minister may specify, upon the approval of the Council of Ministers;
"Smuggling", means the transport of any commodity outside the Sudan, for the purpose of exportation, on the introduction of any commodity, for the purpose of importation, with intent to evade any prohibition, restriction, fees, taxes or customs, on the exportation or importation thereof, and the same includes attempt to smuggle, or any other act connected with smuggling;
"State's Minister", means the minister responsible for industry and trade in the state;
"State's Ministry", means the ministry responsible for industry and trade in the state,
"Supply commodities", mean such commodities, as the Minister may specify under section 4(1)(a) hereof;
"Under-Secretary", means the First Under-Secretary, at the Federal Ministry of Industry and Trade.
Chapter II
Organization of Internal Trade
Powers of the Minister
4. (1) The Minister, by an order to be made thereby, may : -
(a) specify the national supply commodities, at the federal level, upon the approval of the Council of Ministers;
(b) specify the prices of the national supply commodities;
(c) constitute a consultative council, to tender advice and consultation, to the competent bodies, to lay down the policies of pricing, distribution, supervision of markets, the movement of commodities and the stability of prices;
(d) specify prices for commodities : -
(i) upon delivery ex the national factories;
(ii) which are imported;
(e) require any data, or information, on the national supply commodities, or the commodities produced in the national factories .
(2) There shall be effective every order made under the provisions of sub-section (1), forthwith the publication thereof, by any of the ordinary means of publication .
Powers of the state's minister
5. (1) A state's minister, upon the approval of the Governor, may by an order made thereby : -
(a) take the procedure and measures necessary for the flow of the national supply commodities provided for in section 4(1)(a), by removing any such state's administrative, or financial procedure, as may impede the movement of commodities, between his state and the other states ;
(b) declare the prices of the national supply commodities, in his state, after addition of the prices of transport and other reasonable costs, as the Minister may approve .
Chapter III
Powers of the Minister in Foreign Trade
Export and import general directives
6. The Minister may, by an order to be made thereby, issue general directives, and safeguards, for the export and import trade .
Export and import trade organized
7. The Minister may, by an order to be made thereby, organize the export and import trade, by any such means, as he may deem fit, and does not affect free competition and the freedom of trade movement .
Exports movement organized
8. The Minister may, by an order to be made thereby, organize the Sudanese exports movement, by the known export methods, in accordance with the economic policy of the State .
The exports movement general
directives specified
9. The Minister, in consultation with the Sudanese Union of Chambers of Commerce, and the Sudanese Union of Industrial Chambers, may by an order to be made thereby, issue any directives or indicators, for the movement of exports, as to the minimum prices, or the manner in which exportation may be made, or the quantities, or quotas of any commodities prepared for exportation, wherever he may deem necessity therefor .
Sudanese commodities promoted
in international markets
10. The Minister, in co-ordination with the Sudanese Union of Chambers of Commerce, the Sudanese Union of Industrial Chambers and the Sudanese diplomatic missions abroad, shall promote the Sudanese commodities, in the international markets, by the appropriate methods .
Borders trade organized
11. The Minister, in consultation with the Governor and the state's minister, may lay down such policies and rules, as may help to organize and facilitate the borders trade, between the state concerned and the foreign states neighbouring the same; provided that the state's minister shall implement such policies .
Chapter IV
General Duties in Trade
Restrictions upon movement
of commodities prohibited
12. No restriction shall be imposed upon the freedom of movement of commodities, between the states, or the commodities directed towards the exportation exits and ports, save upon permission from the Minister .
Smuggling
13. There shall be deemed to have committed the offence of smuggling whoever smuggles any commodity outside, or inside the Sudan, by taking any method, or means or both together .
Artificial decrease or
increase of prices
14. (1) No exporter shall artificially increase, or decrease the prices of the commodities he exports .
(2) No importer shall artificially increase, or decrease the prices of the commodities he imports .
Monopoly of commodities prohibited
15. No person shall monopolize any of the commodities .
Concealment of commodities prohibited
16. No concealment of any national supply commodity shall be made by any such way, as may warrant the deduction, or presumption that the possessor, or proprietor thereof conceals the same, from the public or refrains from the sale thereof .
Documents and deeds
17. (1) Every importer and wholesale trader shall keep such documents and accounts, as may show the quantity, or the price in which he has purchased any commodity, the date of sale and the price in which he has sold. All the documents shall be kept for a period not less than three years .
(2) Every importer, producer or wholesale trader shall sell every commodity by such an invoice, as may show exactly the quantity of the commodity, the price in which he has sold and the date thereof .
(3) Every retailer shall sell every commodity by an invoice, where the purchaser requires the same .
Card placed upon offered
commodities
18. Every retail trader shall place a card of the price of the offered national commodity, at such a conspicuous place, as the purchaser may see the same without difficulty .
Harbouring
19. No person shall cause the concealment of any evidence of the commission of any contravention of the provisions of this Act, the orders and regulations made thereunder knowing, or having reason to believe that the same has occurred, or delivers any such statements, as he may believe that they are not true, intending thereby to protect the offender from the legal penalty, or to prevent his arrest .
Chapter V
Penalties
20. (1) Without prejudice to any penalties in any other law, there shall be punished with imprisonment for a term, not exceeding five years, or with fine, or with both, whoever contravenes the provisions of this Act, the regulations or orders made thereunder .
(2) Whoever contravens the provisions of section 13, shall be punished with imprisonment for a term, not exceeding twenty years, or with fine, or with both, without prejudice to any penalties in other laws .
(3) In addition to any other penalties : -
(a) the court may, upon conviction under section 13, the regulations or orders made thereunder, confiscate any commodity with respect to which the contravention has been committed ;
(b) the court may confiscate any means of transport, used, by the knowledge of its proprietor, in committing any contravention of the provisions of this Act, the orders or regulations made thereunder ;
(c) the court shall, upon conviction under the provisions of sub-section (1), enter onto the trade register or the trade licence, such notation as may show such trial .
Chapter VI
The Competent court
21. (1) The court, which is designated by the Chief Justice, shall have competence to consider the contraventions of the provisions of this Act, or the provisions of any orders or regulations made thereunder .
(2) The Chief Justice may grant the powers of the competent court, under sub-section (1), to any magistrate, a public servant or any such other person as he may deem fit .
(3) The Chief Justice may make such regulations, as may be necessary for organizing the business of such courts .
Chapter VII
The Procedure
The procedure of information and trial
22. Notwithstanding the provisions of the Criminal Procedure, Act, 1991, there shall be followed, in the information and trial of contraventions of the provisions of this Act, the following procedure :-
(a) a complainant shall present his information, in writing, to the competent prosecution attorneys bureau ;
(b) saving the contraventions occurring against the provisions of section 13, trials shall be conducted by a summary way, unless the magistrate is of opinion that the procedure, in such information, will not be fair .
Power of arrest and search
23. Any policeman, who has a reasonable suspicion that commodities are concealed, in any place, may by an order issued by the competent prosecution attorney, enter such place, for the purpose of searching the same and discovery of such commodities, placing them under seizure and arrest any person in respect of whom there is a reasonable suspicion that he has committed a contravention of the provisions of this Act, or the provisions of any order or regulations made thereunder; provided that there shall apply, in the execution of the order, the provisions of the Criminal Procedure Act, 1991 .
Power to make regulations
24. (1) The Minister may make such regulations and orders, as may be necessary for the implementation of this Act.
(2) The state's minister, upon the approval of the Governor, may make such regulations and orders, as may be necessary for the implementation of the provisions of this Act, within the limits of his state .
The power of the Minister or the state's
minister to delegate
25. (1) The Minister may, by an order to be made thereby , as to such terms, as he may specify, delegate all, or part of his powers, to the State Minister, the Under-Secretary, or any such other responsible person, as he may deem fit .
(2) The state's minister may, by an order to be made thereby, as to such terms, as he may specify, delegate all, or part of his powers, to the director of the state's ministry, or any such responsible person, as he may deem fit .
Made , under my hand, on the 4th. of Jumada I, 1415 A.H., being the 9th., of October, 1994 A.D.
Lieutenant General (P.S.C.)
Omar Hassan Ahmad Al-Basheir
President of The Republic of The Sudan |
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