Article (43)
(a)
No claim or plea to recover
tax or fines due shall be considered
after a period of three years since
the debt was established.
(b)
The Department shall not have
the right to claim any tax or fines
payable in accordance with the
provisions of this Law after a
period of five years has elapsed
since the date on which they fell
due unless there are legitimate
reasons preventing such claim from
having been made during this period.
Article (44)
(a)
The public right case for
felonies and misdemeanors stipulated
in this Law shall be dropped by the
lapse of 3 years from the date of
the occurrence of the act if no
follow-up action has been taken in
respect thereto.
(b)
Penalties ordered in
accordance with this Law should
lapse if not executed within five
years of the date the ruling was
made in case of ruling in presence,
and of the date the ruling was
served to the sentenced person in
case of a ruling in absentia (by
default).
(c)
The financial rights of the
Department that are established by a
court ruling or by a declaration of
the taxable person shall not lapse
by time.
(d)
(1)
Notwithstanding the provisions of
any other legislation, the Minister
may, upon the recommendation of the
Director, issue an order for the
provisional attachment on the
movable and immovable property
belonging to any Person or
preventing him from travel abroad if
required by the Department to pay
the tax or any other charges due in
accordance with the provisions of
this Law upon sufficient evidence by
the Department indicating that the
said Person may smuggle his property
or dispose of it with the intention
of bypassing the Department's rights
over his property or preventing the
execution of judgment
thereon in any way.
(2) The
decision taken by the Minister
according to Sub-paragraph (1) above
may be challenged before the
competent court.