Section 108. Penalties

A penalty of a fine shall be applied to any person who with intent or negligence fails to comply with the obligation under section 117, first paragraph, or section 118, first paragraph.
A penalty of a fine or imprisonment for a term not exceeding six months, or both, shall be applied to any person who
  1. a.
    with intent or negligence contravenes the provisions listed below, or a prohibition, order or condition issued under the said provisions:
    section 8, first paragraph
    section 9, first and fourth paragraphs
    section 14, first and second paragraphs
    section 16, first and third paragraphs
    section 19, first and second paragraphs
    section 20, third paragraph
    section 21, first paragraph
    section 27, first paragraph; see also fourth paragraph
    section 55, first and second paragraphs
    section 83, first and second paragraphs
    section 90, sixth paragraph
    section 93, first paragraph, second sentence
    section 100 b, first paragraph, second sentence
    section 105, first paragraph
    section 126, first paragraph,
    section 130, first paragraph; see also section 105,
  2. b.
    with intent or negligence contravenes regulations issued in accordance with this Act, or a prohibition, order or condition issued under such regulations, when the King has prescribed in the regulations that the offence shall be punishable under this provision,
  3. c.
    with intent or gross negligence provides materially incorrect or manifestly misleading information in a case falling under the Act.
A penalty of a fine or imprisonment for a term not exceeding two years shall be applied to any person who
  1. a.
    with intent or gross negligence makes use of a foreign national’s labour when the foreign national does not hold the permit required under the Act,
  2. b.
    with intent or gross negligence procures employment or accommodation for a foreign national or issues or procures statements, undertakings or documents for use in a case falling under the Act, when such action involves improper exploitation of the foreign national’s situation,
  3. c.
    by means of false representations or similar improper conduct induces a foreign national to enter the realm with a view to taking up residence there,
  4. d.
    hands over to another person a passport, refugee travel document, other travel document or similar document that may be used as a travel document, uniform residence card or similar card, when the person concerned knows or should understand that it may be used by a foreign national to enter the realm or another state,
  5. e.
    with intent or negligence contravenes the entry prohibition in section 71, second paragraph, or section 124, first paragraph.
A penalty of a fine or imprisonment for a term not exceeding three years shall be applied to any person who
  1. a.
    helps a foreign national to reside unlawfully in the realm or in another country participating in cooperation under the Schengen Agreement, or
  2. b.
    helps a foreign national to enter the realm or any other state unlawfully. However, this shall not apply if the intention is to help a foreign national falling under section 28 of the Act to enter the first safe country.
A penalty of a fine or imprisonment for a term not exceeding six years shall be applied to any person who
  1. a.
    for the purpose of gain engages in organised unlawful activity with a view to helping foreign nationals to enter the realm or another state, or
  2. b.
    for the purpose of gain helps a foreign national to enter the realm or any other state unlawfully, if such action puts the life of the person affected by the action at risk.
A person who provides humanitarian assistance to a foreign national who is unlawfully residing in the realm shall not be liable to a penalty for aiding and abetting unlawful residence unless
  1. a.
    the person in question has intended to help the foreign national to evade the obligation to leave the realm, and
  2. b.
    the assistance has made it more difficult for the authorities to implement removal of the foreign national.
When required in the public interest, the Directorate of Immigration shall report the matter to the police when there is reason to believe that the first paragraph, (a), or the second paragraph, (a), has been violated though use of the labour of a foreign national who does not hold the permit required under the Act.