Where necessary, or where there are reasonable grounds to believe that Fraudulent, Corrupt, or Counterfeit Goods exist, the judicial enforcement officer shall take the following measures: 1. Enter commercial premises, warehouses, factories, establishments, and all places not designated for residential use for the purposes of conducting inspections, in order to establish the condition of the suspected Goods and any other matters required to be established. For such purpose, the judicial enforcement officer may inspect devices, networks, equipment, electronic media, storage media, information systems, computer software, or any technological means, where the requirements of the inspection so necessitate, provided that the inspection is completed within a period not exceeding five (5) working days from the date of its commencement, unless the requirements of the inspection necessitate a longer period. 2. Take samples of the suspected Goods for examination and analysis. A report shall be prepared to that effect containing the particulars prescribed in Article (4) of this Resolution. 3. Place each sample of the suspected Goods in a sealed container in a manner that ensures its integrity and prevents tampering with or opening thereof. A label shall be affixed to the container indicating the following information: a. The date on which the sample was taken. b. The type and quantity of the sample. c. The name and address of the Supplier. d. The place where the sample was seized. 4. Samples shall be taken by a qualified technician designated by the Ministry or the Competent Authority, as the case may be, using a random sampling method and in quantities commensurate with the requirements of examination and analysis, taking into account the requirements of the approved standard applicable to the product with respect to the number of samples to be taken and the method of their preservation and transportation by appropriate means. 5. Refer the samples to specialized and accredited laboratories in the field of examination or analysis, designated by the Ministry or the Competent Authority, as the case may be, as appropriate to the nature of the suspected Goods, whether within or outside the State. In all cases, the costs shall be borne by the Supplier. 6. Follow up the examination and analysis procedures within a period commensurate with the nature of the suspected Goods, provided that such period shall not exceed fifteen (15) working days from the date on which the sample was taken, unless the nature of the Goods and the requirements of examination and analysis require otherwise. The period for examination or analysis of perishable Goods shall be determined by the competent accredited laboratories, in coordination with the Ministry or the Competent Authority, as the case may be. 7. Keep the suspected Goods under attachment at the Supplier's premises and at the Supplier's expense throughout the examination and analysis period, while preparing a report thereon containing the particulars prescribed in Article (4) of this Resolution, in the presence of the Supplier or the Supplier's representative, either of whom shall be appointed as custodian of the detained Goods. 8. Where the examination or technical analysis establishes that the suspected Goods are not Fraudulent, Corrupt, or Counterfeit, the judicial enforcement officer shall record such finding in a report, take the necessary measures to lift the detention thereof, immediately release the Goods, and notify the Supplier accordingly within a period not exceeding three (3) working days from the date of issuance of the examination or analysis results. 9. Where the examination or technical analysis establishes that the suspected Goods are Fraudulent, Corrupt, or Counterfeit, the judicial enforcement officer shall record such finding in a report, take the necessary measures to seize and detain such Goods, and notify the Supplier of the measures to be taken thereagainst pursuant to the provisions of the Decree by Law and this Resolution. 10. The Supplier shall not be entitled to any consideration or compensation for the value of the taken samples or the costs of examination and analysis. The Ministry or the Competent Authority, as the case may be, may return such samples to the Supplier where it is established that they are not Fraudulent, Corrupt, or Counterfeit, whenever such return is practicable.
Interpretation and application must be checked against the official text and current version.