Public Advisory Notices

In light of the recent events concerning several Bahamian straw vendors in the United States of America, the Government of The Bahamas wishes to advise its citizens that under Title 18 of the United States Code, section 2320, it is an offence in the United States to –

   (a) intentionally traffic or attempt to traffic in goods or services and knowingly use a counterfeit mark on or in connection with such goods or services; or
   (b) intentionally traffic or attempt to traffic in labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature, knowing that a counterfeit mark has been applied thereto, the use of which is likely to cause confusion, to cause mistake, or to deceive.

The term “traffic” means to transport, transfer, or otherwise dispose of, to another, for purposes of commercial advantage or private financial gain, or to make, import, export, obtain control of, or possess, with intent to so transport, transfer or otherwise dispose of counterfeit property.

The penalty for such an offence is a fine not exceeding $2,000,000.00 or a term of imprisonment not exceeding 10 years or both a fine and imprisonment.

In addition to the penalties mentioned above, the United States Government may seek to have the counterfeit property forfeited and destroyed and restitution of all sales of such property.

The public is also advised that in accordance with United States law, it is an offence to transship through or export from the United States counterfeit goods.

Citizens are hereby encouraged to take note of these provisions so as to avoid a breach of United States law.

 

Office of The Attorney-General
Commonwealth of The Bahamas

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