Clause 4

Any person who imports, exports or tranships any goods and —

applies or causes to be applied to such goods an incorrect trade description; or

has in his possession for sale or for any purpose of trade any such goods to which an incorrect trade description has been applied,shall be guilty of an offence and shall be liable on conviction —

in respect of a first offence, to a fine not exceeding $100,000 or 3 times the value of the goods in respect of which the offence was committed, whichever is the greater, or to imprisonment for a term not exceeding 2 years or to both; and (ii)in respect of a second or subsequent offence, to a fine not exceeding $200,000 or 4 times the value of the goods in respect of which the offence was committed, whichever is the greater, or to imprisonment for a term not exceeding 3 years or to both.(2) For the purpose of subsection (1), a person shall be treated as applying a trade description to goods if he —

affixes or annexes the trade description to, or in any manner marks the trade description on or incorporates it with —

the goods themselves; or

anything in, on or with which the goods are supplied;

places the goods in or with anything that the trade description has been affixed or annexed to, marked on or incorporated with or places any such thing with the goods; or

uses the trade description in any manner likely to be taken as referring to the goods.(3) For the purpose of subsection (1), where the goods are for export or transhipment and the ultimate destination of the goods is a foreign country which has entered into a prescribed agreement with Singapore, a trade description applied to such goods shall be treated as being incorrect if it is not in accordance with any rules of origin specified in that agreement.(4) For the purpose of subsection (1), a person referred to in that subsection shall be treated as being in possession of goods if he is in any way entitled to the custody or control of those goods.(5) Without prejudice to the provisions of this Act, for the purpose of determining whether an offence under subsection (1) is being or has been committed, an authorised officer may —

at any reasonable time enter upon the premises of any person referred to in subsection (1) and carry out an inspection of those premises; and

require any person —

to furnish any information within his knowledge; or (ii)to produce for inspection any book or document within his custody or possession, and to provide copies of or extracts from such book or document.(6) In this section —“foreign country” means any country or territory outside Singapore;“prescribed agreement” means an agreement between Singapore and a foreign country which is prescribed as an agreement for the purpose of subsection (3);“trade description” means any description, statement or indication which, directly or indirectly and by whatever means given, relates to the place of origin, manufacture or production of the goods.”.