(5) If any goods for which entry is required under subsection (1) are put on board any vessel or aircraft for exportation or for use as stores or are waterborne for such purpose before entry in respect of them has been made, those goods are liable to forfeiture and, where the placing on board or making waterborne was done with fraudulent intent, any person concerned in that act with knowledge of that intent commits an offence and is liable to a fine of $5,000, or 3 times the value of the goods, whichever is the greater, or to imprisonment for 2 years, or to both, and may be arrested.