Art. 89

1. Any person who wilfully:
   1. handles nuclear goods or radioactive waste without holding the necessary licence, or fails to comply with the conditions or requirements stipulated in a licence;
   2. when applying for a licence, provides essential information that is incomplete or false, or uses an application that has been completed by a third party;
   3. ¹ fails to declare or incorrectly declares nuclear goods or radioactive waste when importing, exporting or conveying such matter in transit;
   4. actively or passively supplies, transfers or brokers nuclear goods or radioactive waste to another end-user or destination than the one named in the licence;
   5. supplies a person with nuclear goods or radioactive waste even though it is known or has to be assumed that the person concerned will directly or indirectly pass them on unlawfully to an end-user;
   6. participates in the financing of an illegal transaction with nuclear goods or radioactive waste, or mediates in the financing of such a transaction

shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.² 2. In serious cases, the penalty shall be a custodial sentence of between one and ten years.³ 3. If the offender acts through negligence, he shall be liable to a monetary penalty.⁴