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(1) An exporter shall be guilty of misrepresenting the consignee of goods-

(a) if knowing that the goods exported shall be resold to another person in substantially the same form and quantity as when exported from Ghana he names to be a consignee in any document relating to the export a person other than the person to whom the goods are resold or to be resold and the price paid or payable by the person so named is lower than the world market price, or

(b) if the exporter and the consignee named in any document relating to the export have a common financial interest as defined in subsection (2) of this section and the price paid or payable by such consignee is lower than the world market price as on the date of naming the consignee.

(2) An exporter and a consignee shall, for the purposes of subsection (1)(b) of this section be deemed to have a common financial interest if the consignee is a person who wholly or partly owns the share capital of the exporter or a person whose share capital is wholly or partly owned by the exporter or if the consignee and the exporter are persons whose share capital is wholly or partly owned by the same person.

(3) Where a person is convicted for misrepresenting the consignee the court shall order the offender to pay to the Bank of Ghana within thirty days in such foreign exchange as the court may determine a sum equal to ten times the difference between the world market price and the price paid or payable by the misrepresented consignee.[As inserted by Foreign Exchange (Amendment) Decree 1973 (NRCD 162) s. 1]