1.
 These Regulations may be cited as the Forests (Export of Timber) Regulations, 2015.

 2.
 In these Regulations unless the context otherwise requires—
 “ Concession licence ” has the meaning assigned to it in the Act; “ exporter ” means a holder of a concession licence or timber merchant who exports forest produce; “ finished timber products ” means timber products which have been processed and are in component pieces; “ forest officer ” has the meaning assigned to it in the Act; “ inspector ” has the meaning assigned to it in the Standards Act; “ letter ” means a letter of credit; “permit” means a forest produce export permit issued under these Regulations; “ plantation ” has the meaning assigned to it in theAct; “ plantation tree ” means a tree from a plantation; “ planted species ” means cultivated trees; “quota ” means the maximum volume of timber which an exporter may export at a time, calculated as a percentage of the total production; “ sawn timber ” means timber which has been sawn by a sawmill or pitsaw in accordance with a customer’s specifications; “ timber ” has the meaning assigned to it in theAct; “ timber merchant ” means a personwho buys and sells timber or timber products but does not hold a concession licence; and “ timber products ” means sawn timber and includes cant wood with cross ends of selected timber species and finished timber products.

 3.
 (1) Subject to these Regulations, the following timber may be exported: (a) sawn timber; (b) railway sleepers which shall be drilled on both sides; (c) poles from planted species; (d) finished timber products; or (e) plantation trees
 (2) Despite subregulation (1), the Director may grant a permit for the export of any other timber the Directormay, in consultation with theMinister, consider necessary in the interest of the Republic.
 (3) An exporter shall not export any of the following: (a) charcoal; (b) non-finished timber products from national forests; and (c) peelers and saw logs of any species.

 4.
 A person shall not use any of the following species of timber to manufacture railway sleepers:
 (a) Afzelia quanzensis (Mupapa);
 (b) Entandrophragma spp.(Mofu);
 (c) Faurea Saligna (Saninga);
 (d) Guibourtia coleosperma (Muzauli);
 (e) Khaya nyasica (Mululu);
 (f) Pericopsis angolensis (Mubanga);
 (g) Pterocarpus angolensis (Mukwa); and
 (h) Pterocarpus chrysothrix (Mukula)

 5.
 (1) Subject to subregulation (3), a holder of a concession licence or timber merchant may apply to the Director for a permit in Form I set out in the Schedule.
 (2) The Director shall, within thirty days of the receipt of an application, notify the applicant of the decision of the Director in respect of the application.
 (3) Notwithstanding subregulation (1), a timber merchant who does not have a written agreement with a holder of a concession licence authorising the timber merchant to export timber of the concession licence is not eligible to apply for a permit.

 6.
 (1) The Director shall reject an application for a permit if— (a) the applicant fails to meet the requirements of the Act; (b) the permit issued to the applicant was cancelled by the Director; or (c) the applicant is convicted of an offence under the Act or any other written law.
 (2) The Director shall, where theDirector rejects an application under subregulation (1), inform the applicant of the reasons for the rejection in Form II set out in the Schedule.

 7.
 (1) The Director shall, where the applicant meets the requirements of the Act, issue a permit in Form III set out in the Schedule.
 (2) Apermit shall be valid for six months from the date of issue.

 8.
 (1) An application for the renewal of a permit shall be made to the Director in Form IV set out in the Schedule at least three months before the expiry of the permit.
 (2) The Director may within thirty days of receipt of an application for the renewal of a permit, renew the permit if the applicantmeets the requirements of the Act and has complied with the terms and conditions of the permit.
 (3) The Director shall, where the Director renews a permit, endorse the renewal on the permit.
 (4) A permit that is not renewed by the Director lapses on its date of expiry.

 9.
 A holder of a permit may, where a permit is lost, damaged or defaced, apply to the Director for a duplicate permit in Form V set out in the Schedule.

 10.
 (1) The Director may suspend or cancel a permit if the holder— (a) obtained the permit by fraud or deliberate or negligent submission of false information or statements; or (b) contravenes any terms and conditions of the permit or the Act.
 (2) The Director shall, before suspending or cancelling a permit, notify the holder inwriting of the intention to suspend or cancel the permit specifying the reasons for the intended suspension or cancellation of the permit and require the holder to show cause, within a period of thirty days, why the permit should not be suspended or cancelled.
 (3) A notice of intention to suspend or cancel a permit shall be in Form VI set out in the Schedule.
 (4) The Director shall suspend a permit if the holder of the permit fails to take remedial measures within the period specified in the notice issued under subregulation (2).
 (5) A notice of the suspension or cancellation of a permit shall be in Form VII set out in the Schedule.

 11.
 (1) The Department shall keep and maintain a register of permits in Form VIII set out in the Schedule.
 (2) The register referred to in subregulation (1) shall be kept at the offices of the Department and shall be open to inspection by the public at such times and upon payment of an inspection fee determined by the Director.

 12.
 (1) Subject to subregulation (2), an exporter who is a holder of a concession licence shall not export more than seventy-five percent of the timber produced by such exports.
 (2) Subregulation (1) does not apply to the export of— (a) planted species; or (b) finished timber products.
 (3) For purposes of subregualtion (1), timber exported by a timber merchant under an agreement referred to in regulation 5(3) shall be included in the export quota of the exporter who is a holder of a concession licence.

 13.
 A forest officer shall—
 (a) mark timber produce before it is exported; and
 (b) issue a clearance certificate in Form IX set out in the Schedule.

 14.
 A forest officer, a police officer or an inspector shall inspect a consignment of timber intended for export, in order to ascertain that—
 (a) the timber matched the order submitted by the buyer;
 (b) the timber procured has been procured in accordance with the provisions of theAct;
 (c) the timber bears an export mark; and
 (d) is accompanied by documents from the area of origin.

 15.
 An exporter shall not export timber unless that exporter has received a confirmed order for the export of the timber specifying the desired timber and the quantity required.
 (2) The exporter shall issue to the buyer a quotation stating— (a) the price, either free on board, or cost insurance and freight, of the timber; (b) the quantity of the timber; and (c) the quality of the timber.
 (3) The exporter shall, when requested to do so by the buyer, send to the buyer, a sample of the specified forest produce to be exported.
 (4) The exporter shall issue a proforma invoice, when the buyer accepts the quotation, stating the— (a) timber specification; (b) quantity of the timber; (c) price of the timber; (d) delivered term of the timber; (e) receiving bank; and (f) validity of the offer
 (5) The buyer shall open an irrevocable confirmed letter or use a telegraphic transfer of funds through the exporter’s bank.
 (6) The exporter’s bank shall advise the supplier when an irrevocable letter or a telegraphic transfer of funds is received.
 (7) The exporter’s bank shall issue an export declaration form comprising the— (a) permit; (b) customs bill of entry; and (c) customs declaration.
 (8) The exporter shall submit the export declaration form accompanied by the following documents to a customs official: (a) a commercial invoice; (b) a packing list; (c) shipping consignment notes; (d) timber export permit; (e) a written agreement (where applicable); (f) records of production (where applicable); and (g) clearance certificate.
 (9) An exporter shall only ship the export timber upon completion of the formalities referred to in subregulation (1) to (8).
 (10) The exporter shall present the documents listed in subregulation (8) to the exporter’s banker for payment on— (a) completion of all export formalities; and (b) receipt of the export timber by the buyer.

 16.
 A customs officer shall—
 (a) inspect the consignment of timber to be exported and the clearance certificate at the port of exit;
 (b) verify whether or not the details on the clearance certificate match the consignment of timber; and
 (c) endorse the clearance certificate with the appropriate results of such inspection.

 17.
 (1) The Forests (Timber Export) Regulation,1997 are revoked.
 (2) Despite subregulation (1), a licence issued under the revoked regulations shall remain valid until its expiration or revocation.