“Article 176.3 ‐ For the purposes of bringing the legal action referred to in Article 176.2 above,
the applicant may obtain from the Customs and Excise Authority information relating to the
names and addresses of the importer, sender and recipient of the merchandise, or of their
owner, and the quantity of merchandise, notwithstanding any provisions to the contrary.”
“Article 176.4 ‐ If the Customs and Excise Authority establishes or suspects that imported,
exported or transit merchandise are counterfeit, the Authority shall, of its own motion,
suspend the release for free circulation of such merchandise. In this case, the Authority shall
without delay inform the owner of the rights of the measure taken and shall communicate to
him/her, upon written request, the information referred to in Article 176.3 above.
The declarant or holder of the merchandise shall also be informed of this measure without
delay.
The above suspension measure shall be lifted ipso jure, subject to the provisions of Article 206
below, where the owner of the rights, within 10 working days following the date when the
Authority communicated the information to him/her, fails to prove to the Customs and Excise
Authority that the measures or actions have been undertaken subject to the conditions
referred to in Article 176.2 above.”
“Article 176.5 ‐ The merchandise for which the release for free circulation has been suspended
in application of the provisions of this Chapter and that has been recognized, by a court
judgment that has become final, as being counterfeit merchandise shall be destroyed, except
in exceptional circumstances. It may in no way be authorized for export or be the subject of
other customs procedures or systems, except in exceptional circumstances.”
“Article 176.6 ‐ The measure suspending the release for free circulation implemented pursuant
to the provisions of this Chapter shall not incur the liability of the Customs and Excise
Authority.
Should the merchandise not be recognized as counterfeit, the importer may apply to the court
for damages for any harm suffered, to be paid to him/her by the applicant.”
“Article 176.7 ‐ The scope of application of the provisions of this Title shall not apply to
merchandise of a non‐commercial nature contained in the personal luggage of travelers, in
small quantities, or sent in small consignments for personal and private use.”
“Article 176.8 – The arrangements for applying the provisions of this Chapter shall be laid
down by regulation.”
The Arabic text was published in the general issue of Official Journal No. 5397 of 21 Moharrem 1427
(February 20, 2006).