Revised Laws of Saint Lucia (2021)

27.   Duty not to delay sale or importation of goods

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    (1)   Where—

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      (a)     any permission or consent has been granted under this Act, or under any corresponding provision of the law in force in any territory comprised in the scheduled territories, subject to a condition providing that, or on the faith of an application stating an intention that, any goods should be sold outside the scheduled territories;

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      (b)     any statement or declaration has been made under any provision of this Act or any such corresponding provision as aforesaid that any goods are to be sold outside the scheduled territories; or

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      (c)     any currency has been obtained in, or by any person resident in, the scheduled territories on the faith of an application stating an intention that any goods should be sold outside the scheduled territories,

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    then, except with the permission of the Director of Finance and Planning, a person resident in Saint Lucia who is entitled to sell or procure the sale of the said goods shall not do, or refrain from doing, any act with intent to secure or shall do any act which involves, is in association with or is preparatory to any transaction securing—

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      (i)     that the said sale is delayed to an extent which is unreasonable having regard to the ordinary course of trade, or

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      (ii)     that, on the said sale, any payment made for the goods is not made in the manner indicated by the condition, statement, or declaration, as the case may be.

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    (2)   Where—

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      (a)     any permission or consent has been granted under this Act, or under any corresponding provisions of the law in force in any territory comprised in the scheduled territories, subject to a condition providing that, or on the faith of an application stating an intention that, any goods should be imported from outside the scheduled territories into any part of the scheduled territories; or

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      (b)     any currency has been obtained in or by any person resident in, the scheduled territories on the faith of an application stating an intention that any goods should be so imported,

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    then except with the permission of the Director of Finance and Planning, no person resident in Saint Lucia who is entitled to procure the importation of the said goods shall do, or refrain from doing, any act with intent to secure that the importation thereof is delayed to an extent which is unreasonable having regard to the ordinary course of trade.

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    (3)   Where in any such case as is specified in subsection (1)(a), (1)(b) or (1)(c), or subsection (2)(a) or (2)(b) —

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      (a)     the goods have not been sold or imported as indicated by the condition, statement or declaration within the time thereby indicated or, if no time is thereby indicated, a reasonable time, or (in either case) within such further time as may be allowed by the Director of Finance and Planning; or

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      (b)     it appears to the Director of Finance and Planning that the goods cannot be sold or imported as indicated by the condition, statement or declaration,

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    the Director of Finance and Planning may give to any person resident in Saint Lucia who appears to the Director of Finance and Planning to be in a position to give effect thereto such directions as appear to him or her to be expedient as to the manner in which the goods are to be dealt with.

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    (4)   Without prejudice to the generality of the provisions of the last preceding subsection, the power conferred thereby on the Director of Finance and Planning to give directions shall extend to the giving of directions that the goods shall be assigned to the Director of Finance and Planning or to a person specified in the directions.

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    (5)   The power conferred by the 2 last preceding subsections in relation to any goods shall extend to the giving of directions with respect to any goods produced or manufactured therefrom, and, where goods to be sold outside the scheduled territories or to be imported were to be produced or manufactured from other goods, to the giving of directions with respect to those other goods and any goods produced or manufactured from those other goods.