Guyana

Authorized officers appointed under Section 2

Any person that violates the provisions on advertising and promotion commits an offense and is liable on summary conviction to a fine of two hundred thousand dollars and imprisonment for three months. Anybody corporate that violates the provisions is liable to a fine of nine million dollars in most cases, and two million dollars for a violation of the provision banning the sale of toys or candy resembling tobacco products.

In addition to any penalty authorized, the court may order corrective action, the cost of which must be paid by the defendant. Corrective action may include public notification of offenses, cease and desist orders, removal of advertising, and invalidation of contracts relating to advertising, promotion or sponsorship, forfeiture of contributions, confiscation and destruction of product, and/or suspension or revocation of licenses.

In addition, where any person derives a financial benefit, directly or indirectly, from any act or omission under the law, all proceeds shall be forfeited.

When a corporation or entity contravenes the law, any manager or officer who knew of, or using due diligence ought to have known of the contravention, is deemed to have committed the offense and is liable for all fines and costs associated with enforcement or corrective action. In addition, the above managers or officers are liable for any term of imprisonment ordered.

Each day an offense continues constitutes a separate offense.

To more fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should increase for repeat violations.

Authorized officers appointed under Section 2

Any person that violates the provisions on sponsorship commits an offense and is liable on summary conviction to a fine of two hundred thousand dollars and imprisonment for three months. Anybody corporate that violates the provisions is liable to a fine of nine million dollars in most cases. Any recipient of a prohibited contribution must also forfeit the sum received.

In addition to any penalty authorized, the court may order corrective action the cost of which must be paid by the defendant. Corrective action may include public notification of offenses, cease and desist orders, removal of advertising, and invalidation of contracts relating to advertising, promotion or sponsorship, forfeiture of contributions, confiscation and destruction of product, and/or suspension or revocation of licenses.

In addition, where any person derives a financial benefit, directly or indirectly, from any act or omission under the law, all proceeds shall be forfeited.

When a corporation or entity contravenes the law, any manager or officer who knew of, or using due diligence ought to have known of the contravention, is deemed to have committed the offense and is liable for all fines and costs associated with enforcement or corrective action. In addition, the above managers or officers are liable for any term of imprisonment ordered.

Each day an offense continues constitutes a separate offense.

To more fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should increase for repeat violations.