Rwanda
Ministerial Order determining Modalities and Time Limits for Confining any Means of Conveyance and Action to be Taken with Regard to Unlawfully Imported Plants, Plant Products and Regulated Articles
Ministerial Order 13-MO11 of 2017
- Published in Official Gazette 32 on 7 August 2017
- Assented to on 2 August 2017
- Commenced on 7 August 2017
- [This is the version of this document from 7 August 2017.]
Article One – Purpose of this Order
This Order determines:1ºmodalities for confinement, holding, treatment or destruction of a plant, a plant product or any other product unlawfully imported;2ºthe time limit for confinement, holding, treatment or destruction of a plant, a plant product or any other product unlawfully imported;3ºmodalities for confining a vessel, a vehicle, a train, an aircraft or any other means of conveyance which carries a regulated article.Article 2 – Modalities for confinement, holding, treatment or destruction of a plant, a plant product or any other product unlawfully imported as well as its container
The following measures are taken on a plant, a plant product or any other regulated article as well as its container illegally imported:1°confinement:where a consignment is suspected of being non-compliant with regulations, it is confined within three (3) days, locked, placed in a designated location or remains in its container pending a decision taken by the competent authority;2°to quarantine:where a consignment does not comply with the requirements and the situation cannot be immediately rectified, it is put in quarantine station of plants within fourteen (14) days counted from the day it was quarantined;3°treatment of pests:if, after the examination of a quarantined consignment, it is established that the consignment contains pests, the competent authority decides on the treatment of the pests within fourteen (14) days counted from the day the final decision on the presence of the pests on the consignment was taken;4°to destroy:if the consignment cannot be treated of the pests and cannot be re-exported to its origin, it is then destroyed. This is done in a designated location after consultations with other authorities within fourteen (14) days counted from the day the decision of destruction was taken and the cost is borne by the owner of the consignment.Article 3 – Modalities for confining a vessel, a vehicle, a train, an aircraft or any other means of conveyance
Where the inspector confines a vessel, a vehicle, a train, an aircraft or any other means of conveyance that carries a plant, a plant product or any other regulated article that is non-compliant with regulations, he/she is required to do the following:1ºto place it in a designated location pending a decision taken by competent authorities within twenty four (24) hours counted from the day it was placed in the designated location;2ºto inform, in a written notice, the owner of the consignment or a regulated article, the decision taken within twenty four (24) hours counted from the day the final decision was taken, stating reasons for confinement;3ºafter examination, an inspector informs the owner of a vessel, a vehicle, a train, an aircraft or any other means of conveyance the final decision taken within fourteen (14) days, counted from the day the owner of the consignment was informed of the decision of confinement of a consignment or regulated article.Article 4 – Appeal
In case of disagreement with the inspector’s decision in accordance with Articles 2 and 3 of this Order, the importer lodges an appeal to the Head of the Institution in charge of plant health protection in Rwanda.Article 5 – Administrative fine
A person who illegally imports any plant/plant product or a regulated article is liable to an administrative fine of fifty thousand Rwandan Francs (50,000) payable to the public treasury.Article 6 – Repealing provision
All prior provisions contrary to this Order are repealed.Article 7 – Commencement
This Order comes into force on the date of its publication in the Official Gazette of the Republic of Rwanda.History of this document
07 August 2017 this version
Commenced
02 August 2017
Assented to