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CHAPTER 228A

PRECURSOR CHEMICALS

LIST OF AUTHORISED PAGES 1 - 25 LRO 1/2008

ARRANGEMENT OF SECTIONS

SECTION

PART I - PRELIMINARY

1. Short title. 2. Interpretation.

PART II - ADMINISTRATION

3. Functions of competent authority. 4. Monitoring and control. 5. Identification of specified chemical substances.

PART III - GRANT, REFUSAL, SUSPENSION AND REVOCATION OF LICENCE OR PERMIT

6. Application to engage in prescribed activity. 7. Application for permit to export or import specified chemical

substance. 8. Grant or refusal of licence or permit. 9. Non-transferability and validity of licence or permit. 10. Grounds for refusal to grant licence or permit. 11. Restriction. 12. Suspension of licence. 13. Revocation of licence or permit. 14. Appeals.

PART IV - REGISTERS

15. Register to be kept by competent authority. 16. Records and register to be kept by holder of licence or permit.

PART V - COMMERCIAL DOCUMENTS AND SECURITY

17. Notification of changes, etc.

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18. Commercial documents. 19. Forwarding of import permit to exporter. 20. Endorsement and return of export permits following import. 21. Seizure and detention of improperly documented or

undocumented consignments. 22. Storage and delivery following import.

PART VI - OFFENCES AND PENALTIES

23. Offence of unlawfully engaging in prescribed activity. 24. Offence of unlawful possession of specified chemical

substances. 25. Offence of using postal service for transporting specified

chemical substances. 26. Offence of making false or misleading statements, etc. 27. Offence in relation to supply or acquisition of specified

chemical substances. 28. Offence of aiding and abetting commission of offence. 29. Offence of threatening, etc. an authorised officer. 30. Offence of failure to keep records and documents. 31. Presumption as to manufacturer of package. 32. Presumption relating to samples. 33. Offence by body corporate.

PART VII - ENFORCEMENT

34. Powers of entry, inspection and seizure. 35. Vehicles, etc. may be seized and detained. 36. Arrest without warrant. 37. Search warrant.

PART VIII - GENERAL

38. Power to limit stock. 39. Schedules. 40. Regulations. FIRST SCHEDULE (Sections 2, 19 and 40) — SPECIFIED

CHEMICAL SUBSTANCES SECOND SCHEDULE (Section 16) — Information to be included in

register kept by holder of licence or permit THIRD SCHEDULE (Section 39(3)) — CONSEQUENTIAL

AMENDMENTS

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CHAPTER 228A

PRECURSOR CHEMICALS

An Act to provide for the monitoring and control of precursor chemicals and other chemical substances used or capable of being used in any type of illicit transaction involving narcotic drugs and psychotropic substances or other substances having a similar effect and for matters connected therewith or incidental thereto.

[Assent 16th January, 2007] [Commencement 23rd April, 2007]

PART I - PRELIMINARY

1. This Act may be cited as the Precursor Chemicals Act.

2. (1) In this Act unless the context otherwise requires —

“authorised officer” means — (a) any officer of the Customs Department, an

immigration officer and the Port Controller or any of his subordinate officers;

(b) any member of the Royal Bahamas Police Force or the Royal Bahamas Defence Force;

(c) any person authorised by general or special order under section 25 of the Dangerous Drugs Act;

(d) every officer of the Department of Agriculture and Fisheries who is appointed a fisheries inspector pursuant to section 3 of the Fisheries Resources (Jurisdiction and Conservation) Act;

(e) any person or class of persons designated by the Minister as an authorised officer for the purposes of this Act,

and includes any other person acting in aid of an authorised officer in the discharge of his duties;

2 of 2007

S.I. 34/2007.

Short title.

Interpretation.

Ch. 228.

Ch. 244.

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“competent authority” means — (a) in relation to the issuance of licences to

engage in a prescribed activity and the inspection of such prescribed activity, the Public Analyst; and

(b) in relation to the issuance of permits to import or export the specified chemical substances, the inspection and disposal of such specified chemical substances, The Bahamas National Drug Agency constituted by the Minister in the Ministry of Health;

“customs transit” means the procedure whereby a specified chemical substance is transported under customs control from one customs office to another within the same customs territory or as an inter-territorial customs operation;

“distribution” means the transfer of a specified chemical substance from one person to another;

“export” means to take or cause to be taken out of The Bahamas or the waters thereof;

“import” means to bring into or cause to be brought within The Bahamas or the waters thereof, otherwise than in transit or by trans-shipment;

“in transit” includes any occasion on which any specified chemical substance remains on board an aircraft, ship or other form of transport;

“licensee” means the holder of a licence granted under this Act;

“manufacture” means the processes whereby precursor chemicals and other chemical substances are obtained including the refining, formulating, preparing, mixing, compounding and transformation of such precursor chemicals and other chemical substances into other precursors or other products;

“Minister” means the Minister responsible for Health; “other chemical substances” include substances such

as solvents, reagents or catalysis that, though not precursors, can be used in the production, manufacture or preparation of narcotic drugs,

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psychotropic substances or other substances having similar effects;

“precursor chemical” means any substance which — (a) can be used in any of the chemical processes

involved in the production, manufacture or preparation of narcotic drugs, psychotropic substances or substances having a similar effect; and

(b) incorporates its molecular structure into the final product making it essential for those processes;

“preparation” means the process and result of obtaining precursors, other chemical substances, narcotic drugs, psychotropic substances or other substances having a similar effect;

“prescribed activity” means — (a) in relation to precursor chemicals, the

production, manufacture, preparation, distribution, importation or exportation of any such chemicals;

(b) in relation to other chemical substances, the importation, manufacture or exportation of any such chemical substance in significant quantities;

“production” includes the extraction of precursors from natural organisms;

“specified chemical substance” means — (a) a precursor chemical listed in Table I of the

First Schedule; (b) any other chemical substance listed in Table

II of the First Schedule;

“trans-shipment” includes the customs procedures whereby precursors or other chemical substances are transported under the control of customs from one customs office to another within the same customs territory or as an inter-territorial customs operation.

(2) For the purposes of this Act, an amount of a chemical substance shall be regarded as a significant quantity if the use thereof exceeds such quantity as the

First Schedule.

First Schedule.

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Minister may by order prescribe in relation to the use of that specified chemical substance.

PART II - ADMINISTRATION

3. For the purposes of this Act, the functions of the competent authority shall be —

(a) to carry out the monitoring, control and investigation of any prescribed activity;

(b) to advise the Minister generally on, and keep under review, matters of policy relating to specified chemical substances which are being, or appear likely to be, misused;

(c) to ensure the application of a surveillance system on any movement of specified chemical substances into or out of The Bahamas;

(d) to grant licences in respect of any prescribed activity;

(e) to grant export or import permits in respect of any specified chemical substance;

(f) to assist in promoting public awareness of the potential illicit use of specified chemical substances in the manufacture of narcotic drugs and psychotropic substances or other substances having a similar effect and in fostering understanding of the control and monitoring of such substances;

(g) to provide to any foreign competent authority information relating to the commission of an offence whether in or outside The Bahamas; and

(h) to perform such other functions pertaining to the monitoring and control of specified chemical substances as may, from time to time, be assigned to it by the Minister.

4. Except under and in accordance with the provisions of this Act and any regulations made hereunder, no person shall engage in any prescribed activity.

5. (1) Subject to subsection (2), all specified chemical substances imported into The Bahamas shall be identified by the names and digital classification under which they are listed in the Harmonized Commodity

Functions of competent authority.

Monitoring and control.

Identification of specified chemical substances.

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Description and Coding System as used by the Customs Department and such names and digital classification shall also be used in statistical records and documents pertaining to the importation, exportation, transit and trans-shipment of such specified chemical substances.

(2) Where the names and digital classification mentioned in subsection (1) are not available, the specified chemical substances imported into The Bahamas shall be identified by their scientific names.

PART III - GRANT, REFUSAL, SUSPENSION AND REVOCATION OF LICENCE OR PERMIT

6. (1) Any person who proposes to engage in any prescribed activity shall, subject to section 7, apply in the prescribed form and manner to the competent authority for a licence to engage in such prescribed activity.

(2) An application under subsection (1) shall be accompanied by the prescribed fee and such information or document as may be prescribed or as the competent authority may require.

(3) The competent authority shall, upon receipt of an application under subsection (1), cause to be carried out an inspection of the premises where the prescribed activity is to be carried out.

7. (1) Any person who proposes to export or import a specified chemical substance shall, in addition to applying for a licence under section 6(1), apply to the competent authority in the prescribed form for a permit to export or import such specified chemical substance.

(2) A separate application shall be made in respect of each specified chemical substance to be exported or imported.

(3) An application under subsection (1) shall be accompanied by the prescribed fee and such information or document as the competent authority may require.

8. (1) Where an application is made under section 6 or 7 for a licence or permit, as the case may be, the competent authority may —

(a) subject to subsection (2), grant the licence or permit; or

Application to engage in prescribed activity.

Application for permit to export or import specified chemical substance.

Grant or refusal of licence or permit.

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(b) refuse to grant such licence or permit on any of the grounds specified in section 10.

(2) The competent authority may impose such conditions as it considers necessary on the grant of a licence or permit to achieve the objectives of this Act.

(3) Where the competent authority refuses to grant a licence or permit under subsection (1), it shall inform the applicant in writing of such refusal stating the reasons therefor.

9. (1) A licence or permit granted under section 8(1) shall —

(a) not be transferable; and (b) be valid only for the period specified therein.

(2) A separate permit shall be granted in respect of each specified chemical substance to which an application relates and such permit shall be valid for one shipment only.

10. The competent authority shall refuse to grant a licence or permit under this Act —

(a) where the issue of the licence or permit would not be in the public interest;

(b) where an application contains or is based on a false or misleading representation or information which is false in a material particular;

(c) to an individual who — (i) is under the age of eighteen years; (ii) is an undischarged bankrupt; or (iii) has previously been convicted of an offence

prescribed by the Minister (hereinafter in this section referred to as a prescribed offence);

(d) to a body corporate — (i) in respect of which a resolution has been

passed for voluntary winding up or an order for winding up has been made by a court of competent jurisdiction;

(ii) if a receiver has been appointed to manage any of its assets;

Non- transferability and validity of licence or permit.

Grounds for refusal to grant licence or permit.

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(iii) if that body corporate or any of its directors has been previously convicted of a prescribed offence;

(e) if in the opinion of the competent authority the applicant is not a fit and proper person, having regard to the interest of security, to be granted a licence or permit; and

(f) where the security arrangements at the premises or place where a prescribed activity is to be carried out or is being carried out, are inappropriate or insufficient.

11. The competent authority shall not issue a permit having a retrospective effect.

12. (1) The competent authority may suspend a licence for a breach of any provision of this Act or any regulations made hereunder or of any condition subject to which the licence is granted.

(2) Where the competent authority suspends a licence it shall notify the licensee in writing —

(a) stating the breach which gave rise to the suspension;

(b) requiring the holder of the licence to remedy the breach;

(c) stating the time within which the breach is to be remedied; and

(d) stating that the licence is to be returned within a specified time to the competent authority.

(3) The licensee may, upon remedying the breach, so inform the competent authority which shall, if it is satisfied that the breach is remedied, endorse the licence “reinstated” and forthwith return the licence to the licensee.

13. (1) The competent authority may, subject to subsection (2) —

(a) revoke a licence or permit if it is satisfied that — (i) the application for the licence or permit

contained any false or misleading information in any material particular; or

(ii) changes in circumstances have occurred which justify such revocation;

Restriction.

Suspension of licence.

Revocation of licence or permit.

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(b) revoke a licence if — (i) the licensee has failed to comply with a

notice under section 12(2) requiring the licensee to remedy the breach specified in that notice within the time so specified; or

(ii) a change has occurred in the security arrangements implemented at the premises on which a prescribed activity is carried out, including a change in the persons under whose supervision the prescribed activity is carried out.

(2) The competent authority shall, before revoking a licence or permit, inform the licensee or the holder of the permit of the reason for the proposed revocation and shall afford the licensee or holder of the permit an opportunity within such period as may be notified to him to show cause why the licence or permit should not be revoked.

14. A person aggrieved by the decision of the competent authority to refuse to grant a licence or permit, to suspend a licence or to revoke a licence or permit may appeal to the Supreme Court in accordance with the rules of court.

PART IV - REGISTERS

15. The competent authority shall keep a register or registers in which shall be recorded —

(a) the name and address of each licensee or holder of a permit granted under this Act;

(b) the purpose for which such precursor chemicals have been imported or exported;

(c) any request for information made by a foreign competent authority; and

(d) such other particulars as may be prescribed.

16. (1) Every licensee or holder of a permit granted under section 8(1) shall keep or cause to be kept a register containing the particulars set out in the Second Schedule.

(2) An entry contained in a register referred to in subsection (1) shall be duly amended on the authority of the competent authority that issued the licence or permit.

Appeals.

Register to be kept by competent authority.

Records and register to be kept by holder of licence or permit. Second Schedule.

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(3) The register and all books, records or other documents kept under this section relating to entries therein shall be kept for a period of at least five years after the end of the calendar year of the last entry in the register.

PART V - COMMERCIAL DOCUMENTS AND SECURITY

17. Where, in relation to any licence or permit granted to any person pursuant to section 8(1), a change occurs in relation to any matter which may be prescribed pursuant to section 40(1)(o), the person shall, within fourteen days of such change, give notice in writing to the competent authority containing full particulars of the change and shall, if so requested by the competent authority, return the licence or permit to the competent authority.

18. Every commercial document, including an invoice, cargo manifest or a customs transport or other shipping document, relating to any prescribed activity involving a specified chemical substance shall include —

(a) the name, the quantity and the description of that substance as listed in the First Schedule;

(b) the names and business addresses of the exporter, the importer and the supplier; and

(c) the name and registration number of the vessel used in transporting the specified chemical substance.

19. Where the competent authority issues an import permit under section 8(1), the importer shall, as soon as practicable after its receipt, forward a copy of the permit to the exporter named in the permit.

20. (1) Within fourteen days after the entry into The Bahamas of a consignment to which the import permit relates, the competent authority shall cause a copy of the relevant document to be returned to the appropriate authority in the exporting country with an endorsement specifying the quantity of each specified chemical substance actually imported.

(2) In subsection (1) “relevant document” means a document issued by an agency of the Government of the exporting country or territory permitting the export of the specified chemical substance.

Notification of changes, etc.

Commercial documents.

First Schedule.

Forwarding of import permit to exporter.

Endorsement and return of export permits following import.

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21. (1) Where in relation to the import of a specified chemical substance to which this Act relates —

(a) the competent authority has reasonable grounds to believe that the import permit or export permit in respect thereto is false, or has been obtained by fraud or wilful misrepresentation of a material particular; or

(b) the competent authority has not issued an import permit therefor or has not received a copy of the export permit issued by the authority that exercises comparable powers in the country from which the specified chemical substance is exported to The Bahamas, the Comptroller of Customs shall detain the consignment until the integrity of the consignment is certified by the competent authority.

(2) Where pursuant to subsection (1), the competent authority —

(a) certifies the integrity of any consignment, the Comptroller of Customs shall forthwith proceed to process the release of the consignment to the person lawfully entitled to it;

(b) is unable to certify the integrity of any consignment, the Comptroller of Customs shall seize and hold the consignment and only forward the consignment to The Bahamas National Drug Agency as the competent authority after arrangements have been made with this agency.

(3) The Bahamas National Drug Agency as the competent authority shall, on receipt of any specified chemical substance which is seized pursuant to subsection (2)(b), make arrangements for the disposal of such substance in the prescribed manner.

22. Every specified chemical substance shall — (a) on importation, be kept at a customs transit shed

in accordance with the prescribed time for the storage of such chemical substances at the expense of the importer; and

(b) be de1ivered or taken from the customs transit shed only on production of a customs release by a person authorised in that behalf.

Seizure and detention of improperly documented or undocumented consignments.

Storage and delivery following import.

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PART VI - OFFENCES AND PENALTIES

23. (1) Every person who — (a) engages in any prescribed activity without being

licensed to do so; or (b) exports or imports any specified chemical

substance without a permit to do so,

commits an offence and shall be liable on summary conviction to a fine of fifty thousand dollars or to imprisonment for a term of three years or to both such fine and imprisonment.

(2) Every person who — (a) engages in any prescribed activity involving any

specified chemical substance knowing that such substance is intended to be used in any type of illicit transaction involving narcotic drugs and psychotropic substances or other substances having a similar effect;

(b) knowingly organizes, manages or finances any activity referred to in paragraph (a),

commits an offence and shall be liable, on summary conviction to a fine of fifty thousand dollars or to imprisonment for a term of three years or to both such fine and imprisonment.

(3) Any person charged with an offence under this section, if he holds a licence or permit under this Act, shall produce the licence or permit within such time as the court may direct, and if he fails to do so he shall be guilty of an offence and liable on summary conviction to a fine of five hundred dollars:

Provided that it shall be a defence if he had such a licence or permit and he shows that it has been lost or stolen.

24. Every person who has in his possession contrary to the provisions of this Act, any specified chemical substance commits an offence and shall be liable —

(a) on summary conviction to a fine of fifty thousand dollars or to imprisonment for a term of three years or to both such fine and imprisonment; or

(b) on conviction on information to imprisonment for a term of ten years.

Offence of unlawfully engaging in prescribed activity.

Offence of unlawful possession of specified chemical substances.

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25. (1) A person commits an offence under this Act if that person — (a) encloses in or with any letter, parcel, packet or other matter sent by post, any specified chemical substance; or (b) uses for the transportation of any specified

chemical substance any mail bag or mail van, aircraft, vessel or other conveyance used for the carrying of mail.

(2) A person who is convicted of an offence under this section shall be liable —

(a) on summary conviction — (i) in the case of a first offence, to a fine of forty

thousand dollars or to imprisonment for a term of two years or to both such fine and imprisonment; and

(ii) in the case of a second or subsequent offence to a fine of one hundred thousand dollars or to imprisonment for a term of five years, or to both such fine and imprisonment; or

(b) on conviction on information to imprisonment for a term of ten years.

(3) In subsection (1) — (a) “mail bag” has the meaning assigned to it in the

Post Office Act; and (b) “post” includes a private courier service.

26. Every person who — (a) for the purposes of obtaining, whether for himself

or for any other person, the issue or grant of any licence or permit under this Act, makes any declaration or statement which is false or misleading in any particular;

(b) furnishes to an authorised officer or other person performing any duty in relation to this Act, a document which, to his knowledge, contains information which is false, inaccurate or misleading in any particular;

(c) knowingly utters, produces, or makes use of any such declaration or statement or any document,

Offence of using postal service for transporting specified chemical substances.

Ch. 300.

Offence of making false or misleading statements, etc.

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including any record or entry in a register containing any false declaration or statement;

(d) falsifies, obtains by fraud or amends without authority, any information contained in a register, licence or permit;

(e) fails to make a report, or falsifies any report required pursuant to this Act,

commits an offence and shall be liable on summary conviction to a fine of forty thousand dollars or to imprisonment for a term of two years, or to both such fine and imprisonment.

27. (1) A person who is granted a licence or permit under section 8(1) shall not supply to or acquire from another person any specified chemical substance unless that other person is also the holder of a licence or permit, as the case may be.

(2) A person who contravenes the provisions of subsection (1) commits an offence and shall be liable on summary conviction to a fine of forty thousand dollars or to imprisonment for a term of two years or to both such fine and imprisonment.

28. (1) A person commits an offence if — (a) in The Bahamas he aids, abets, counsels or

procures, the commission of an offence against this Act;

(b) he procures the commission at any place outside The Bahamas, or participates in or conspires to commit any offence punishable under the provisions of any corresponding law in force in that place; or

(c) does any act preparatory to or in furtherance of any act which, if committed in The Bahamas would constitute an offence against this Act.

(2) A person who commits an offence under subsection (1) shall be liable on summary conviction to a fine of forty thousand dollars or to imprisonment for a term of two years or to both such fine and imprisonment.

29. Any person who threatens, assaults or obstructs an authorised officer acting in the execution of his duties under this Act, commits an offence and shall be liable on

Offence in relation to supply or acquisition of specified chemical substances.

Offence of aiding and abetting commission of offence.

Offence of threatening, etc. an authorised officer.

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summary conviction to a fine of twenty thousand dollars or to imprisonment for a term of one year.

30. Every person who fails to keep any register, records or other documents required by this Act to be kept commits an offence and shall be liable on summary conviction to a fine of twenty thousand dollars, or to imprisonment for a term of one year or to both such fine and imprisonment.

31. In any prosecution for an offence against this Act, proof that a package containing any article to which this Act applies bore a name or address purporting to be that of the person by whom it was manufactured or packaged is, in the absence of evidence to the contrary, proof that the article was manufactured or packaged, as the case may be, by the person whose name and address appears on the package.

32. If in any prosecution for an offence against this Act it is proved on behalf of the prosecution that a sample which was taken from any specified chemical substance possesses particular properties, it shall be presumed, until the contrary is proven, that the whole of such substance possesses the same properties.

33. Where an offence under this Act or any regulations made hereunder which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or be attributable to any negligence on the part of, any director, manager, secretary or other officer of the body corporate, the director, manager, secretary or other officer of the body corporate as well as the body corporate shall be liable to be proceeded against and punished accordingly.

PART VII - ENFORCEMENT

34. (1) For the purposes of this Act, an authorised officer may, at all reasonable times during business hours enter the business premises of any licensee or any person reasonably suspected of being engaged in a prescribed activity involving any specified chemical substance and inspect any such substance, the labeling and storage thereof, and any book, document, permit, certificate or record or things found thereon.

(2) An authorised officer may, during the course of an inspection pursuant to subsection (1) —

Offence of failure to keep records and documents.

Presumption as to manufacturer of package.

Presumption relating to samples.

Offence by body corporate.

Powers of entry, inspection and seizure.

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(a) seize and detain any specified chemical substance found on the premises which he reasonably believes is being used in contravention of any provision of this Act;

(b) take samples of any substance found on the premises in order to determine the type of substance.

(3) Where any specified chemical substance is seized and detained under subsection (2) (a), the authorised officer shall store or cause the substance to be stored in the prescribed manner, and the substance shall be disposed of in the manner prescribed.

35. (1) Where an authorised officer has reasonable cause to suspect that any vehicle, aircraft, vessel, article, enclosure, container or other storage facility, device or apparatus (hereinafter referred to as “specified equipment”) is being used or has been used in the commission of an offence against this Act, the authorised officer may, without warrant, search the specified equipment and if that search reveals evidence that the specified equipment is being used or has been used for the commission of any offence as aforesaid, the authorised officer may seize and detain that equipment.

(2) Where any specified equipment is seized pursuant to this section and —

(a) any person is convicted of an offence against this Act; and

(b) the court is satisfied that — (i) the person owns the specified equipment

used in the commission of the offence; (ii) the owner thereof allowed it to be so used; or (iii) the circumstances are otherwise such that it

is just to do so,

the court shall, upon the application of the Attorney- General, order the forfeiture of the specified equipment.

(3) On the application of the Attorney-General before a Magistrate’s Court, the court may order the forfeiture of the specified equipment if the court is satisfied that —

(a) the specified equipment has been abandoned; or

Vehicles, etc. may be seized and detained.

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(b) the circumstances in which the specified equipment was seized give reasonable cause to suspect that the specified equipment was being used or has been used for the purpose of committing an offence against this Act, and that it is otherwise just to do so.

(4) Where the Attorney-General proposes to apply for forfeiture of any specified equipment under subsection (3), he shall give to any person who, to his knowledge was at the time of the seizure the owner thereof, notice of the seizure and the intention, after the expiration of thirty days from the date of the notice, to apply for forfeiture thereof and of the grounds therefor, so, however, that notice shall not be required to be given under this subsection if the seizure was made in the presence of the owner or any servant or agent of the owner.

(5) Any person having a claim to any specified equipment seized under this section may appear before the court on the hearing of the application, notice of which shall be served upon him by the Attorney-General and show cause why an order for the forfeiture should not be made.

(6) Where, on the hearing of an application pursuant to subsection (3), no person appears before the court to show cause as mentioned in that subsection, the court shall presume that the specified equipment has been abandoned.

(7) If, upon the application of any person prejudiced by an order made by the court under subsection (2) or (3), the court is satisfied that it is just to revoke that order, the court may revoke it upon such terms and conditions as it deems appropriate, and, without prejudice to the generality of the foregoing, shall require the person to pay in respect of storage, maintenance, administrative expenses, security and insurance of the specified equipment, such charge as shall be imposed by the appropriate government agency and approved by the court, not exceeding one and a half times the value of the specified equipment as determined by the court.

(8) An application to the court under subsection (7), for the revocation of an order shall be made within thirty days of the date of the order.

36. (1) An authorised officer may, without warrant, arrest any person where the authorised officer has

Arrest without warrant.

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reasonable grounds to believe that the person has committed or is committing an offence against this Act.

(2) Where an authorised officer arrests a person under subsection (1), he shall produce his identification card for inspection to that person unless it is not reasonably practicable to do so.

(3) Where a person is arrested under subsection (1), an authorised officer shall immediately bring or cause the person to be brought to the nearest police station.

37. (1) Where a Magistrate is satisfied by information on oath by an authorised officer that there is reasonable ground for suspecting —

(a) there is in the possession or under the control of any person on any premises in contravention of the provisions of this Act or of any regulations made hereunder — (i) any specified chemical substance to which

this Act applies; (ii) any document directly or indirectly relating

to or connected with any transaction or dealing in any such substance which, if carried out would be an offence against this Act; or

(iii) any document relating to a transaction or dealing carried out or intended to be carried out in any place outside The Bahamas which would be an offence against the provisions of any corresponding law in force in that place; or

(b) that an offence against this Act has been committed on any premises in relation to such specified chemical substance,

the Magistrate may grant a search warrant in accordance with subsection (2).

(2) A warrant referred to in subsection (1) shall authorise the authorised officer named in the warrant, at any time or times within one month from the date of the warrant, to —

(a) enter the premises mentioned in subsection (1) if need be by force and seize and detain any document mentioned in that subsection or specified chemical substance; or

Search warrant.

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(b) detain anything that the authorised officer believes, on reasonable grounds, will afford evidence as to the commission of a criminal offence.

PART VIII - GENERAL

38. (1) On or before the prescribed date in each year, the Minister shall determine the maximum quantities of each specified chemical substance which may be manufactured or kept as stock by each person to whom a licence or permit is granted under this Act in the conduct of that person’s business during the following year.

(2) The Minister may, on an application made by a person to whom a permit is granted, amend any quota determined pursuant to subsection (1) and any such amendment shall be forthwith notified in writing to each person to whom a permit is granted.

39. (1) The Minister may, by order, amend the First and Second Schedules.

(2) Where the First Schedule is amended pursuant to subsection (1), a report thereof shall be made to such persons or organisations as may be prescribed.

40. (1) The Minister may make regulations for the purposes of giving effect to the provisions of this Act, and in particular, but without prejudice to the generality of the foregoing, such regulations may contain provisions in relation to —

(a) the adoption of international standards and recommended practices for the monitoring and control and storage of specified chemical substances;

(b) the form of application for a licence or permit under this Act;

(c) the fees payable in respect of any such licence or permit;

(d) the keeping of records, books, electronic data or other documents in respect of specified chemical substances that are required to be kept under this Act;

(e) the furnishing of information with respect to specified chemical substances;

Power to limit stock.

Schedules.

Regulations.

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(f) standards of composition, strength, concentration, potency, purity of quality or any other property of any specified chemical substance;

(g) the method of production, preservation, testing, packaging or storage of any specified chemical substance;

(h) the premises, processes or conditions for the manufacture, sale or supply of any specified chemical substance;

(i) the qualifications of persons engaged in the production, preservation, testing, packaging, storage, selling, supplying or otherwise dealing in any specified chemical substance;

(j) the labeling, packaging, size, dimensions, fill and other specifications of packages, and the transportation, delivery, sale, supply or other dealing in any specified chemical substance;

(k) the powers and duties of authorised officers in relation to the enforcement of the Act and the regulations;

(l) the detention and disposal of any specified chemical substance;

(m) the taking of samples of specified chemical substances;

(n) the exemption, on such terms and conditions as may be specified, of any person or class of persons or any specified chemical substance from the application of all or any of the provisions of this Act;

(o) the matters of which the competent authority is to be informed when a change occurs in relation thereto; and

(p) any other matter required by this Act to be prescribed.

(2) Notwithstanding section 25(e) of the Interpretation and General Clauses Act, regulations made under subsection (1) may provide for the imposition of penalties on summary conviction to a fine of ten thousand dollars or imprisonment for a term of six months or to both such fine and imprisonment.

(3) This Act applies throughout The Bahamas.

Ch. 2.

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FIRST SCHEDULE (Sections 2, 19 and 40)

SPECIFIED CHEMICAL SUBSTANCES

TABLE I. Precursor Chemicals HS NAME SYNONYMS 291430 1-Pheny1-2 Propanone 293290 3, 4-Methylenedioxyphenyl

1-2 propanone

292429 -acetylanthranilic acid and its salts

293940 Phenylpropanolamine its salts, optical isomers, and salts of its optical isomers salts

293290 Isosafrole and its optical isomers

1, 2-Methylenedioxy 4 propenyl benzene

293290 Safrole Allylecatechol Methylene Ether

293960 Lysergic Acid 293940 Ephedrine, its salts,

optical isomers, and salts of its optical isomers

293960 Ergometrine and its salts Ergonovine and its alts 293960 Ergotamine and its salts Ergonovine and its

salts 293990 Piperonal ******** 293940 Pseudoephedrine its salts, optical isomers and salts of its optical isomers.

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TABLE II. Other Chemical Substances HS NAME SYNONYMS 292249 O-aminobenzoic and its salts Anthranilic Acid and its

salts 280610 Hydrochloric Acid Muriatic Acid Hydrogen Chloride 280700 Sulfuric Acid Hydrogen Sulfate 281420 Ammonia (anhydrous or in

aqueous solution)

281520 Potassium Hydroxide Caustic Potash 281511 Sodium Hydroxide Caustic Soda 283230 Sodium Sulfate Disodium sulfate 283640 Potassium Carbonate Soda Potash 283620 SodiUm Carbonate Soda Ash, Washing 284160 Potassium Permanganate 290110 Hexene -Hexane 290220 Benzene 290230 Toluene Methylbenzene 290241 Xylenes O-Xylenes, m-Xy- lenes, p-Xylenes 290312 Methylene Dichloro-methane 290911 Ethyl Ether Sulfuric Ether, Ethyl Oxide, Diethyl Ether 291441 Acetone Propanone 291412 Methyl Ethyl Ketone Butanone 291413 Acetic Acid Isopeopilacetone 291521 Acetic Anhydride Acetic Ether, Acetic

Acid, Ethyl Ether 291531 Ethyl Acetate 291633 Phenylacetic Acid and its salts 293339 Piperidine Isoperpyl Alcohol

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SECOND SCHEDULE (Section 16)

INFORMATION TO BE INCLUDED IN REGISTER KEPT BY HOLDER OF LICENCE OR PERMIT

1. In the case of a natural person the full name and private address of the holder of permit or licence or if holder is a company, the full name and residential address of each director.

2. The date of grant of permit or licence. 3. The name of every precursor chemical or other

chemical substance, popular name and digital classification under which it is listed in the Harmonized Commodity Description and Coding System (HS).

4. The main activities being conducted by the holder of the permit or licence.

5. The amount of any precursor chemical or other chemical substance produced, manufactured or prepared.

6. The amount of any precursor chemical or other chemical substance received from other person or body.

7. The amount of any precursor chemical or other chemical substance imported.

8. The amount of any precursor chemical or other chemical substance used to manufacture or prepare other products.

9. The amount of any precursor chemical or other chemical substance distributed internally.

10. The amount of any precursor chemical or other chemical substance exported.

11. The quantity of existing stock. 12. The amount of any precursor chemical or other

chemical substance lost through accident, pilferage or other means.

13. Transactions referred to in paragraphs 4, 5,6 and 7 shall include the following information —

(a) the date of the transaction; (b) the name, address and registration number of

each party to the transaction and those of the final consignee if not one of those parties;

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(c) the name, amount and form of presentation of the precursor chemical or other chemical substance;

(d) the means of transportation and identification of the transport company.