East African Community Customs Management Act, 2004 (Revised 2009) PDF

EAST AFRICAN COMMUNITY The East African Community Customs Management Act, 2004 This Edition of the East African Community Customs Management Act, 2004 incorporates all amendments up to 8th December, 2008 and is printed under the authority of Section 12 of the...

EAST AFRICAN COMMUNITY The East African Community Customs Management Act, 2004 This Edition of the East African Community Customs Management Act, 2004 incorporates all amendments up to 8th December, 2008 and is printed under the authority of Section 12 of the Acts of the East African Community Act, 2004 Revised Edition 2009 (2004) Printed and Published by the Government Printer Nairobi 2 East African Community Customs Management [Rev. 2009 THE EAST AFRICAN COMMUNITY CUSTOMS MANAGEMENT ACT, 2004 ARRANGEMENT OF SECTIONS Section Title PART I PRELIMINARY PROVISIONS 1. Short title, application and commencement. 2. Interpretation. PART II ADMINISTRATION 3. The Directorate of Customs. 4. Functions of the Directorate. 5. Provisions relating to staff. 6. Customs Union seal and flag. 7. Officer to have powers of police officer. 8. Hours of Attendance. 9. Offences by, or in relation to officers. 10. Exchange of information and common border controls. 11. Appointment of ports, etc. 12. Appointment of Customs areas. 13. Accommodation on wharves. 14. Licensing of internal container depot. 15. Offences in respect of Customs areas, etc. 16. Customs control of goods. 17. Liability for loss, etc., through negligence of officer. PART III IMPORTATION Prohibited and Restricted Imports 18. Prohibited and restricted imports. 19. Power to prohibit, etc., imports. 20 Exemptions of goods in transit, etc. [Rev. 2009 East African Community Customs Management 3 Arrival and Report of Aircraft and Vessels 21. Procedure on arrival. 22. Place of mooring, etc. 23. Restriction on boarding vessel before proper officer. 24. Report. 25. Master to answer questions, etc. 26. Goods in transit shed etc., deemed to be in aircraft or vessel. 27. Goods reported to be unloaded. 28. Master of wreck, etc., to report. Arrival Overland 29. Vehicles arriving overland. 30. Trains arriving. 31. Arrival overland otherwise than by vehicle. Clearance by Pipeline 32. Operator of pipeline to report. Unloading and Removal of Cargo 33. Unloading, etc. Entry, Examination, and Delivery 34. Entry of cargo. 35. Surplus stores may be entered. 36. Provisions relating to mail, personal baggage, etc. 37. Entry in absence of documents. 38. Provisions relating to goods liable to duty ad valorem. 39. Delivery from Customs area in special circumstances. 40. Re-packing, etc., in Customs area, etc. 41. Examination of goods. Provisions Relating to Customs Warehouses 42. Goods deposited in a Customs warehouse may be sold, etc. 43 Goods deemed to be in Customs warehouse. Passenger Clearance 44. Disembarkation of persons. 45. Baggage to be taken to examination place. 4 East African Community Customs Management [Rev. 2009 46 Baggage declaration. PART IV WAREHOUSING OF GOODS General Provisions 47. Dutiable goods may be warehoused. 48. Procedure on warehousing. 49. Removal to warehouse of goods entered in a warehouse. 50. Entry of warehoused goods. 51. Operations in a warehouse. 52. Re-gauging and re-valuation. 53. Delivery from warehouse in special circumstances. 54. Removal to another warehouse. 55. Warehoused goods may be delivered as stores. 56. Abandonment, etc., of warehoused goods. 57. Period of warehousing and sale of goods. 58. Examination of warehoused goods on delivery. 59. Access to warehouse. 60. Removal of goods after entry for home consumption, export, etc. 61. Penalty for unlawfully taking, etc., warehoused goods. Bonded Warehouses 62. Commissioner may license warehouse. 63. Procedure on revocation or expiry of license. 64. Warehouse keeper to provide facilities. 65. Stowage and storage of goods in bonded warehouse. 66. Removal of goods from private to general warehouse. 67. Warehouse keeper to produce goods deposited. 68. Goods in Government warehouse liable to rent, etc. 69. Removal, etc., of goods in Government warehouse. PART V EXPORTATION Prohibited and Restricted Exports 70. Prohibited and restricted exports. [Rev. 2009 East African Community Customs Management 5 71. Power to prohibit, etc., exports. 72. Exemption of goods in transit, etc. Entry Outwards and Loading of Aircraft and Vessels 73. Entry of cargo for export. 74. Entry outwards of aircraft or vessel. 75. Loading, etc. 76. Provisions relating to personal baggage. 77. Goods for export not to be discharged in Partner States. 78. Provisions relating to exports of certain goods. 79. Stores for aircraft and vessels. 80. Short shipment of non-bonded goods. 81. Export goods stored at risk of owner. 82. Goods liable to export duty. Departure Overland 83. Vehicles departing overland. 84. Departure overland otherwise than by vehicle. Goods in Transit or for Transhipment 85. Treatment of goods under transit and transhipment. 86. Control of entry. 87. Termination of transit procedure. PART VI DEPARTURE AND CLEARANCE OF AIRCRAFT AND VESSELS 88. Clearance required for departure to foreign port. 89. Grant of clearance. 90. Clearance certificate to be produced. 91. Deficiency or surplus in cargo or stores. 92. Aircraft or vessel to bring to at boarding station. PART VII IMPORTATION AND EXPORTATION BY POST 93. Application of Act to postal articles. 94. Time of entry of postal articles. 95. Registered courier companies to land, store, etc 6 East African Community Customs Management [Rev. 2009 PART VIII CARRIAGE COASTWISE AND TRANSFER OF GOODS 96. Power to prohibit and restrict carriage coastwise and transfer. 97. Meaning of carriage coastwise and transfer. 98. Carriage coastwise or transfer in an aircraft or vessel from foreign port. 99. Loading, etc., of coastwise and transfer cargo. 100. Transire required for departure coastwise and transfer. 101. Transire to be delivered on arrival. 102. Power of Commissioner to vary procedure. 103. Entry outwards of aircraft, etc., carrying goods coastwise. 104. Coasting vessel, etc. not to deviate from voyage. 105. Examination of coasting vessel and goods. PART IX PROVISIONS RELATING TO SECURITIES 106. Commissioner may require security. 107. General provisions relating to giving of security. 108. Provisions relating to sureties. 109. Enforcement of bond. PART X DUTIES Liability to Duty 110. Rates etc., of duty. 111. Community tariff treatment. 112. Preferential tariff treatment under COMESA and SADC. 113. Exemption from duty of goods remaining on board. 114. Exemptions regime. 115. Exemption from import duty of goods entered for exportation, etc. 116. Exemption from import duty of certain re-imports. 117. Exemption from import duty of temporary imports. 118. Derelict goods, etc., liable to duty. 119. Goods imported duty free liable to certain duties o disposal. [Rev. 2009 East African Community Customs Management 7 Computation of Duty 120. Time of entry determines rate of duty. 121. Duties, etc., to apply proportionately. 122. Determination of value of imported goods liable to ad valorem import duty. 123. The value of goods for export. 124. Adjustment for fractions of a dollar. 125. Duty computed on gross weight of package in certain cases. 126. Duty computed on reputed quantity in certain cases. 127. Commissioner may fix litre equivalent of other liquid measurement. 128. Allowance for tare. 129. Duty on package in certain cases. Payment etc. of Duty 130. Recovery of duty by distress. 131. Agency notices. 132. Security on property on an unpaid duty etc. 133. Effect of obligation to pay duty. 134. Effect of alteration in classification of goods. 135. Short levy or erroneous refund. 136. Samples may be taken without immediate payment of duty. Anti-Dumping and Countervailing Duties 137. Collection of anti-dumping and countervailing duties. Drawback, Remission, Rebate and Refund 138. Drawback of duty. 139. Drawback to be allowed in respect of certain goods. 140. Council may grant remission of duty on goods for manufacture. 141. Remission of duty. 142. Rebate of duty. 8 East African Community Customs Management [Rev. 2009 143. Repayment of Customs duties when goods are returned or destroyed by fire. 144. Refund of duty. PART XI CUSTOMS AGENTS 145. Licensing of agents. 146. Authority of agents. 147. Liability of duly authorised agent. 148. Liability of owner for acts of duly authorised agent. PART XII PREVENTION OF SMUGGLING Powers of Officers 149. Power to require vessels, etc., to bring to. 150. Power to require vessel, etc., to depart. 151. Power to patrol freely and moor vessels, etc. 152. Power to board vessel, etc., and search. 153. Power to stop vehicle suspected of conveying uncustomed goods, etc. 154. Persons entering or leaving a Partner State to answer questions concerning baggage. 155. Power to search persons. 156. Power of arrest. 157. Power to search premises. 158. Search warrants. 159. Power to require production of books, etc. PART XIII MANUFACTURING UNDER BOND 160. Licensing of bonded factories. 161. Entry of premises as bonded factories. 162. Entry of plant, machinery, etc., for exportation or for home consumption. 163. Manufacturer to provide facilities. [Rev. 2009 East African Community Customs Management 9 164. Importation of equipment, machinery, raw materials, etc. 165. Provisions relating to goods in a bonded factory. 166. Goods from bonded factory may be entered for home consumption. PART XIV EXPORT PROCESSING ZONES AND FREEPORTS 167. Goods entering export processing zones or freeports. 168. Removal of goods or waste for home consumption. 169. Designated areas in export processing zone or a freeport. 170. Notification to Commissioner. PART XV INWARD AND OUTWARD PROCESSING 171. Interpretation of Part XV. Inward Processing 172. Procedure of operation. 173. Time limit for inward processing. 174. Compensating products in inward processing. 175. Compensating products entered for home consumption. 176. Compensating products obtained from equivalent goods. 177. Rate of yield in inward processing. Outward Processing 178. Authorisation for outward processing procedure. 179. Time limit for outward processing. 180. Compensating products in outward processing. 181. Relief from payment of duty. 182. Determination of duty of re-imported goods. 183. Relief from duty on emergency repairs. 184. Replacement system. 185. Condition for re-importation in the same state. 186. Rate of yield in outward processing. 10 East African Community Customs Management [Rev. 2009 PART XVI APPLICATION OF INFORMATION TECHNOLOGY 187. Customs formalities may be carried out by information technology. 188. Users of the Customs computerised system. 189. Access to Customs computerised systems. 190. Cancellation of registration of registered user. 191. Unauthorised access to or improper use of Customs computerised system. 192. Interference with Customs computerised system. PART XVII OFFENCES, PENALTIES, FORFEITURES AND SEIZURES 193. Conspiring to contravene provisions of this Act. 194. Offences with violence, etc. 195. Removing or defacing Customs seals. 196. Inducing another to commit offence. 197. Offence to warn offender. 198. Offence to assume character of officer. 199. Master of vessel, etc., used for smuggling commits an offence. 200. Offences related to prohibited, restricted, and uncustomed goods. 201. Payment of duty in addition to fine. 202. Offence to import or export concealed goods. 203. Offence to make or use false documents. 204. Offence to refuse to produce documents, etc. 205. Offence to interfere with Customs gear. 206. Uncustomed goods found to be reported. 207. Goods offered on pretence of being smuggled. 208. Aiders, abettors, etc. 209. General penalty. 210. Goods liable to forfeiture. 211. Vessels, etc., liable to forfeiture. 212. Provisions relating to goods liable to forfeiture. 213. Power to seize goods liable to forfeiture, etc. 214. Procedure on seizure. [Rev. 2009 East African Community Customs Management 11 215. Effect of conviction, etc. on things liable to forfeiture. 216. Procedure after notice of claim. 217. Provisions relating to condemnation. 218. Restoration of seizures. PART XVIII SETTLEMENT OF CASES BY THE COMMISSIONER 219. Power of Commissioner to compound offence. PART XIX LEGAL PROCEEDINGS 220. Proceedings triable in a subordinate court. 221. Actions by or against the Commissioner. 222. Limitation of proceedings. 223. Provisions relating to proof, etc., in proceedings. 224. Provisions relating to penalties for offences. 225. Place of trial. 226. Protection of witnesses. 227. Reasonable grounds of defence in any action against officer. 228. Power of officer to prosecute. PART XX APPEALS 229. Application for review to Commissioner. 230. Appeals to tax appeals tribunal. 231. Establishment of tax appeals tribunal. PART XXI MISCELLANEOUS PROVISIONS 232. Attendance of master before proper officer. 233. Provisions relating to prescribed forms. 234. Provisions relating to all documents. 235. Production of documents. 236. Inspection or audit. 237. Provisions relating to declarations and signature. 238. Receipts for payment on entry. 239. Service of notices, etc. 240. Provisions relating to loading, etc., of goods. 12 East African Community Customs Management [Rev. 2009 241. Proper officer may take samples. 242. Rewards. 243. Auctioneers legislation to apply to sales. 244. Licensing of vessel conveying goods subject to Customs control. 245. Application of Act to importation etc., overland. 246. Provisions relating to commissioned vessels. 247. Power of Commissioner in special cases, notices, etc. 248. Re-exportation, destruction and abandonment. 249. Penalty for late payment. 250. Exemption from liability. 251. Regulations. 252. Savings and transitional provisions. 253. Act to take precedence. SCHEDULES FIRST SCHEDULE—Declaration of Officer SECOND SCHEDULE—Prohibited and Restricted Imports Generally THIRD SCHEDULE—Prohibited and Restricted Exports Generally FOURTH SCHEDULE—Determination of Value of Imported Goods Liable to ad Valorem Import Duty FIFTH SCHEDULE—Exemptions Regime SIXTH SCHEDULE—Warrant of Distress [Rev. 2009 East African Community Customs Management 13 THE EAST AFRICAN COMMUNITY No. 1 of 2005 Date of assent: 31st December, 2004 Date of commencement: 1st January, 2005 An Act of the Community to make provisions for the management and administration of Customs and for related matters. PART I PRELIMINARY PROVISIONS 1. (1) This Act may be cited as the East African Short title, application and commencement. Community Customs Management Act, 2004. (2) This Act shall apply to the Partner States. (3) This Act shall commence on the date to be appointed by the Council. 2. (1) In this Act, unless the context otherwise requires— Interpretation. “agent” in relation to an aircraft, vehicle or vessel, includes any person who notifies the proper officer in writing that he or she intends to act as the agent and who, or on whose behalf any person authorised by him or her, signs any document required or authorised by this Act to be signed by an agent: Provided that the owner of any aircraft, vehicle or vessel, if resident or represented in a Partner State, shall either himself or herself or through his or her representative be deemed to be the agent for all the purposes of this Act if no such agent is appointed; “approved place of loading” and “approved place of unloading” mean any quay, jetty, wharf, or other place, including any part of a Customs airport, appointed by the Commissioner by notice in the Gazette to be a place where goods may be loaded or unloaded; “boarding station” means any place appointed by the Commissioner by notice in the Gazette to be a place for aircraft or vessels arriving at or departing from any port or place to bring to for the boarding by or the disembarkation of officers; 14 East African Community Customs Management [Rev. 2009 “bonded warehouse” means any warehouse or other place licensed by the Commissioner for the deposit of dutiable goods on which import duty has not been paid and which have been entered to be warehoused; “cargo” includes all goods imported or exported in any aircraft, vehicle or vessel other than such goods as are required as stores for consumption or use by or for the aircraft, vehicle or vessel, its crew and passengers, and the bona fide personal baggage of such crew and passengers; “COMESA” means the organisation established by the Treaty establishing The Common Market for Eastern and Southern Africa, 1994; “Commissioner” means Commissioner of Customs appointed under section 5 of this Act; “countervailing duty” means a specific duty levied for the purposes of offsetting a subsidy bestowed directly or indirectly upon the manufacture, production or export of that product; “countervailing measures” means actions taken to counter the effect of subsidies; “Customs” or “the Customs” means the customs departments of the Partner States; “Customs area” means any place appointed by the Commissioner by notice in writing under his or her hand for the deposit of goods subject to Customs control; “Customs laws” includes this Act, Acts of the Partner States and of the Community relating to Customs, relevant provisions of the Treaty, the Protocol, regulations and directives made by the Council and relevant principles of international law; “Customs Co-operation Council” means the council established by the Convention establishing the Customs Cooperation Council, 1952; “Customs revenue” means any amounts collectable by the Customs in accordance with the provisions of the Customs laws; “Customs warehouse” means any place approved by the Commissioner for the deposit of unentered, unexamined, abandoned, detained, or seized, goods for the security thereof or of the duties due thereon; “Directorate” means the Directorate of Customs established by the Council under Article 75 (3) of the Treaty; [Rev. 2009 East African Community Customs Management 15 “Director General” means the Director General of Customs in the Directorate of Customs; “document” includes magnetic tapes, disks and microfilms; “dollar” means United States dollar and includes the equivalent in the currency of the Partner States; “duty drawback” means a refund of all or part of any import duty paid in respect of goods exported or used in a manner or for a purpose prescribed as a condition for granting duty drawback; “dutiable goods” means any goods chargeable with duty; “duty” includes any cess, levy, imposition, tax, or surtax, imposed by any Act; “export” means to take or cause to be taken out of the Partner States; “export duties” means Customs duties and other charges having an effect equivalent to customs duties payable on the exportation of goods; “export processing zone” means a designated part of Customs territory where any goods introduced are generally regarded, in so far as import duties and taxes are concerned, as being outside Customs territory but are restricted by controlled access; “foreign country” means any country other than a Partner State; “foreign port” means any port in a foreign country; “goods” includes all kinds of articles, wares, merchandise, livestock, and currency, and, where any such goods are sold under this Act, the proceeds of such sale; “Government warehouse” means any place provided by the Government of a Partner State, and approved by the Commissioner, for the deposit of dutiable goods on which duty has not been paid and which have been entered to be warehoused; “green channel” means that part of the exit from any customs arrival area where passengers arrive with goods in quantities or values not exceeding those admissible; “import” means to bring or cause to be brought into the Partner States from a foreign country; 16 East African Community Customs Management [Rev. 2009 “import duties” means any customs duties and other charges of equivalent effect levied on imported goods; “manufacturing under bond” means a facility extended to manufacturers to import plant, machinery, equipment and raw materials tax free, for exclusive use in the manufacture of goods for export; “master” includes any person for the time being having or taking charge or command of any aircraft or vessel; “officer” includes any person, other than a laborer, employed in the service of the Customs, or for the time being performing duties in relation to the Customs; “owner” in respect of— (a) an aircraft, vessel, or vehicle, includes every person acting as agent for the owner, or who receives freight or other charges payable in respect of, or who is in possession or control of, the aircraft, vessel, or vehicle; (b) goods, includes any person other than an officer acting in his or her official capacity being or holding himself or herself out to be the owner, importer, exporter, consignee, agent, or the person in possession of, or beneficially interested in, or having control of, or power of disposition over, the goods; “package” includes every means by which goods for conveyance may be cased, covered, enclosed, contained, or packed; “port” means any place, whether on the coast or elsewhere, appointed by the Council by notice in the Gazette, subject to any limitations specified in such notice, to be a port for the purpose of the Customs laws and, in relation to aircraft, a port means a Customs airport; “postal article” includes any letter, postcard, newspaper, book, document, pamphlet, pattern, sample packet, small packet, parcel, package, or other article whatsoever, in course of transmission by post; “Post Office” means a Partner State Posts body established in accordance with a Partner States’ Communication law; “prohibited goods” means any goods the importation, exportation, or carriage coastwise, of which is prohibited under [Rev. 2009 East African Community Customs Management 17 this Act or any law for the time being in force in the Partner States; “proper officer” means any officer whose right or duty it is to require the performance of, or to perform, the acts referred to in this Act; “Protocol” means the Protocol on the Establishment of the East African Community Customs Union and any annexes thereto; “re-exports” means goods, which are imported and are under Customs control for re-exportation; “red channel” means that part of the exit from any customs arrival area where passengers arrive with goods in quantities or values exceeding passenger allowance; “refinery” means a bonded warehouse licensed by the Commissioner for the treatment of oils; “registered user” person authorised to access the customs computerised system “restricted goods” means any goods the importation, exportation, transfer, or carriage coastwise, of which is prohibited, save in accordance with any conditions regulating such importation, exportation, transfer, or carriage coastwise, and any goods the importation, exportation, transfer, or carriage coastwise, of which is in any way regulated by or under the Customs laws; “SADC” means the organisation established by the Treaty of the Southern African Development Community, 1992; “smuggling” means the importation, exportation, or carriage coastwise, or the transfer or removal into or out of a Partner States, of goods with intent to defraud the Customs revenue, or to evade any prohibition of, restriction on, regulation or condition as to, such importation, exportation, carriage coastwise, transfer, or removal, of any goods; “stores” goods for use in aircraft, vessels and trains engaged in international transport for consumption by passengers and crew and goods for sale on board; “subsidy” means assistance by a government of a Partner State or a public body to the production, manufacture, or export of specific goods taking the form of either direct payments, such as grants or loans or of measures with equivalent effect such as guarantees, operational or support services or facilities and fiscal incentives; 18 East African Community Customs Management [Rev. 2009 “sufferance wharf” means any place, other than an approved place of loading or unloading at which the Commissioner may allow any goods to be loaded or unloaded; “tons register” means the tons of a ship’s net tonnage as ascertained and registered according to the tonnage regulations applied in a Partner State; “transfer” means the movement of goods from one Partner State directly or indirectly to another Partner State, but shall not include goods in transit, goods for transshipment or goods for warehousing in a bonded warehouse “transshipment” means the transfer, either directly or indirectly, of any goods from an aircraft, vehicle or vessel arriving in a Partner State from a foreign place, to an aircraft, vehicle or vessel, departing to a foreign destination; “transire” means a certificate of clearance issued to any person under section 100 of this Act to carry goods coastwise or to transfer goods; “transit” means the movement of goods imported from a foreign place through the territory of one or more of the Partner States, to a foreign destination; “transit shed” means any building, appointed by the Commissioner in writing for the deposit of goods subject to Customs control; “uncustomed goods” includes dutiable goods on which the full duties due have not been paid, and any goods, whether dutiable or not, which are imported, exported or transferred or in any way dealt with contrary to the provisions of the Customs laws; “vehicle” includes every description of conveyance for the transport by land of persons or goods; “vessel” includes every description of conveyance for the transport by water of persons or goods; “voyage” includes flight by aircraft; “warehoused” means deposited in a Government or bonded warehouse with the authority of the person in charge of that warehouse; “warehouse keeper” means the holder of a licence granted in respect of a bonded warehouse; “wharf owner” includes any owner or any occupier of any approved place of loading or unloading or of any sufferance wharf. [Rev. 2009 East African Community Customs Management 19 (2) For the purposes of this Act— (a) goods shall be deemed to be entered when the entry, made and signed by the owner in the prescribed manner, is accepted and signed by the proper officer and any duty due or deposit required under this Act in respect of the goods has been paid, or security has been given for compliance with this Act; (b) goods shall be deemed to be entered for home consumption when they have been declared for use in a Partner State, other than temporary use, and the provisions of paragraph (a) have been fulfilled; (c) the time of importation of goods shall be deemed to be the time at which the goods come within the boundaries of the Partner States; (d) the time of exportation of goods shall be deemed to be (i) the time at which the carrying aircraft or vessel departs from its final position, anchorage or berth at the port or place within boundaries of the Partner State at which the goods are shipped for exportation; in the case of goods exported overland, the time at which the goods pass across the boundaries of the Partner States; (e) where any aircraft or vessel arrives within a Partner State from any foreign port, in relation to each port or place within a Partner State at which such aircraft or vessel may arrive, such aircraft or vessel shall be deemed to have arrived from a foreign port; (f) where any aircraft or vessel proposes to depart from a Partner State to any foreign port, then, in relation to each port or place within a Partner State from which such aircraft or vessel may depart, such aircraft or vessel shall be deemed to be departing therefrom to a foreign port; (g) any reference to a Partner State, or any of the neighbouring Partner States, shall be deemed to include a reference to the territorial waters thereof; (h) every act, matter, or thing, required or authorised by this Act to be done or performed by, with, to, or before, the Commissioner, if done or performed by, with, to, or before, any officer appointed by the Commissioner for such purpose, shall be deemed 20 East African Community Customs Management [Rev. 2009 to be done or performed by, with, to, or before, the Commissioner; (i) every person employed on any duty or service relating to the Customs by order, or with the concurrence, of the Commissioner shall be deemed to be the proper officer for that duty or service; and every act required by this Act at any time to be done by, with, to, or before, any particular officer nominated for such purpose, if done by, with, to, or before, any person appointed by the Commissioner, to act for such particular officer, shall be deemed to be done by, with, to, or before, such particular officer. PART II ADMINISTRATION Directorate of 3. The Directorate of Customs as established by the Council Customs. under the Treaty shall be responsible for the initiation of policies on Customs and related trade matters in the Community and the coordination of such policies in the Partner States. Functions of the 4. (1) Without prejudice to the generality of section 3, the Directorate Directorate shall, in relation to management and administration of Customs, coordinate and monitor— (a) administration of the Common External Tariff; (b) enforcement of the Customs law of the Community; (c) trade facilitation as provided for in Article 6 of the Protocol; (d) administration of the Rules of Origin; (e) compilation and dissemination of trade statistics; (f) application and interfacing of information technology in Customs administration; (g) training in Customs related matters; (h) quality control in Customs operations and enforcement of compliance; (i) Customs related negotiations; and (j) activities of the Commissioners in the implementation of this Act (2) The Directorate shall in the performance of its functions under this Act— [Rev. 2009 East African Community Customs Management 21 (a) be subject to the general direction of the Council and perform such other functions as may be prescribed be the Council; and (b) consult with, and where necessary, delegate any of its functions to, any Commissioner. (3) For the purposes of this Act, the Council shall make regulations for the working arrangements between the Directorate and the Customs. (4) The Council shall establish within the Community’s institutional framework, a committee charged with facilitating— (a) the Directorate’s formulation of policies and programmes on Customs management and administration; (b) exchange of information between the Directorate and the Commissioners; and (c) any other matters on working arrangements between the Directorate and the Customs. 5. (1) There shall be appointed, in accordance with Provisions relating to staff. Partner States’ legislation, a Commissioner responsible for the management of Customs by each of the Partner States and such other staff as may be necessary for the administration of this Act and the efficient working of the Customs. (2) The Commissioner shall be responsible for the management and control of the Customs including the collection of, and accounting for, Customs revenue in the respective Partner State. (3) The Commissioner may authorise any officer to exercise any of the powers conferred by this Act upon the Commissioner subject to such limitations as the Commissioner may impose. (4) An officer appointed to any permanent office or employment in the Customs shall, on his or her appointment thereto, make and subscribe before a magistrate or a commissioner for oaths, a declaration in the form set out in the First Schedule. 6. (1) There shall be a seal of the Customs Union which Customs Union seal and flag. shall be officially and judicially noticed and whose design and description shall be prescribed by regulations. 22 East African Community Customs Management [Rev. 2009 (2) The seal of the Customs Union shall be used as the official seal of the Customs. (3) There shall be a flag of the Customs Union whose design and description shall be prescribed by regulations. (4) The flag of the Customs Union and the flag of the Community shall be used to distinguish vessels employed in the service of the Customs from other vessels. (5) In this section, Customs Union has the meaning assigned to it in the Protocol. Officer to have 7. For the purpose of carrying out the provisions of this powers of police officer. Act, every officer shall, in the performance of his or her duty, have all the powers, rights, privileges, and protection, of a police officer of the Partner State in which such officer performs his or her duty. Hours of Attendance. 8. (1) The Commissioner shall prescribe the working days and hours of general attendance of officers. (2) Where any person desires the attendance of any officer at a time outside the hours of general attendance, then such person shall make request therefore on the prescribed form to the proper officer at the port or place where such attendance is desired; and, subject to any regulations and to the payment of the prescribed fees, the grant of such request shall not— (a) in the case of any person arriving in, or departing from, a Partner State overland or by inland waters, be refused by the proper officer; (b) in any other case, be unreasonably refused by the proper officer. (3) Where any person desires the attendance of any officer at any premises or place at which customs business is not normally carried on, then such person shall make request therefor on the prescribed form to the proper officer and, subject to any regulations and to the payment of the prescribed fees, the grant of such request shall be in the discretion of the proper officer. Offences by, or in 9. (1) An officer who— relation to officers. (a) directly or indirectly asks for, or takes, in connection with any of his or her duties any payment or other reward whatsoever, whether pecuniary or otherwise, or any promise or security for any such payment or reward, not being a payment or reward which he or she is lawfully entitled to claim or receive; or (b) enters into or acquiesces in any agreement to do, abstain from doing, permit, conceal, or connive at, any act or thing whereby the Customs revenue is or may be defrauded, or which is contrary to the provisions of this Act or the proper execution of his duty; commits an offence and shall be liable on conviction to imprisonment for a term not exceeding three years. (2) A person who discloses, except for the purposes of this Act or when required to do so as a witness in any court or [Rev. 2009 East African Community Customs Management 23 with the approval of the Commissioner, any information acquired by him or her in the performance of his or her duties relating to any person, firm, or business of any kind commits an offence and shall be liable on conviction to a fine not exceeding two thousand five hundred dollars or to imprisonment for a term not exceeding three years or to both such fine and imprisonment. (3) A person who— (a) directly or indirectly offers or gives to any officer any payment or reward whatsoever, whether pecuniary or otherwise, or any promise or security for any such payment or reward; or (b) proposes or enters into any agreement with any officer, in order to induce him or her to do, abstain from doing, permit, conceal, or connive at, any act or thing whereby the Customs revenue is or may be defrauded, or which is contrary to the provisions of this Act or the proper execution of the duty of such officer, commits an offence and shall be liable on conviction to imprisonment of a term not exceeding three years. 10. (1) The Commissioners shall furnish each other with Exchange of information and common border such information, certificate, official report or document on controls. matters relating to— (a) prevention, investigation and suppression of offences under this Act; and (b) any other relevant information relating to customs. (2) The Commissioners shall establish common border posts, carry out joint customs controls and take joint steps as may be deemed appropriate to ensure that goods exported or imported through common frontiers pass through the competent and recognised Customs offices and along approved routes. (3) Subject to reciprocal arrangements agreed upon by the Commissioner, the Commissioner may request from, or furnish to, the competent authorities of a foreign state any information, certificate, official report or other document in order to prevent, investigate or suppress offences against the laws applicable to the importation or exportation of goods into or from the territory of such foreign state. 24 East African Community Customs Management [Rev. 2009 Appointment of ports etc. 11. (1) The Council may, by notice in the Gazette, appoint and fix the limits of— (a) ports; (b) Customs airports; (c) places of loading and unloading within ports. (2) Ports, Customs airports, and places of loading and unloading, may be appointed for specified limited purposes. Appointment of Customs areas. 12. (1) The Commissioner may, by notice in the Gazette, appoint — (a) boarding stations; (b) Customs areas; (c) sufferance wharves; (d) places for the landing and embarkation of persons; (e) places for the examination of goods, including baggage; (f) roads or routes in a Partner State over which goods in transit, or goods transferred between the Partner States, shall be conveyed; (g) entrances and exits, whether general or special, to and from any Customs area or Customs airport within a Partner State; (h) transit sheds; (i) internal container depots. (2) An appointment made under subsection (1) may be subject to such conditions, including the provision of suitable accommodation for officers, as the Commissioner may deem fit; and the Commissioner may, in any particular case and subject to such conditions as he or she may deem fit, permit any boarding station, area, wharf, place, road, route, entrance, or exit, to be used as if it had been so appointed and in any such case this Act shall apply thereto as if it had been so appointed. (3) The Commissioner may by notice in the Gazette revoke appointment of any Customs area if he or she is satisfied that the conditions imposed under subsection (2) have not been complied with. Accommodation on wharves. 13. (1) A wharf owner shall provide, to the satisfaction of the Commissioner— (a) suitable office accommodation on his or her wharf or sufferance wharf for the exclusive use of the officer employed at the wharf; and (b) such shed accommodation for the protection of goods as the Commissioner may in writing declare to be requisite. [Rev. 2009 East African Community Customs Management 25 (2) Where any wharf owner contravenes any of the provisions of this section— (a) the appointment of a place of loading or unloading or a sufferance wharf may be withheld until the required accommodation is provided to the satisfaction of the Commissioner; (b) any existing appointment may be revoked. 14. (1) The Commissioner may, on application, license Licensing internal container depot. any internal container depot for the deposit of goods subject to Customs control, and the Commissioner may refuse to issue any such licence and may at any time revoke any licence which has been issued. (2) The Commissioner shall give reasons for his or her refusal to grant a licence or for revoking a licence under subsection (1). (3) The owner of an internal container depot shall— (a) provide such office accommodation and weights, scales, measures, and other facilities, for examining and taking account of goods and for securing them as the proper officer may require; (b) keep a record of all goods in the depot and shall keep such record at all times available for examination by the proper officer; (c) provide all necessary labour and materials for the storing, examining, packing, marking coopering, weighing, and taking stock of goods in internal container depot whenever the proper officer so requires; (d) maintain such records and accounts relating to goods and to operations, in such form and manner, as the proper officer shall require; and keep such records and accounts at all times available for examination by the proper officer. (e) fulfill any other requirement as may be specified by the Commissioner. (4) Where any internal container depot owner contravenes this section, the Commissioner may direct that no other goods shall be kept in the depot until the owner has, in the opinion of the Commissioner, complied with this section. (5) The owner of an internal container depot who contravenes any of the provisions of this section or of any direction given by Commission under this section commits an offence and shall be liable to a fine not exceeding one thousand dollars 26 East African Community Customs Management [Rev. 2009 Offences in respect 15. (1) A person or vehicle shall not enter or leave any of customs areas, etc. Customs area or Customs airport, and goods, whether dutiable or not, shall not be brought into or out of any such area or airport, except through an entrance or exit appointed in accordance with section 12. (2) A person shall not enter any part of a Customs area or Customs airport when forbidden to do so by any officer nor remain in such area or airport, or any part thereof when requested to leave such area or airport, or part thereof, by any officer. (3) A person or vehicle entering or leaving any Customs area or Customs airport, and all goods which are being brought into or out of such area or airport, may be detained by any officer for the purposes of search or examination. (4) A person who contravenes this section commits an offence and shall be liable on conviction to a fine not exceeding one thousand dollars and any goods in respect of which such offence has been committed shall be liable to forfeiture. Customs control of 16. (1) The following goods shall be subject to Customs goods. control— (a) imported goods, including goods imported through the Post Office, from the time of importation until delivery for home consumption or until exportation, whichever first happens; (b) goods under duty drawback from the time of the claim for duty drawback until exportation; (c) goods subject to any export duty from the time when the goods are brought to any port or place for exportation until exportation (d) goods subject to any restriction on exportation from the time the goods are brought to any port or place for exportation until exportation; (e) goods which are with the permission of the proper officer stored in a Customs area pending exportation; (f) goods on board any aircraft or vessel whilst within any part or place in a Partner State; (g) imported goods subject to duty where there is a change of ownership over such goods from an exempt person to a non exempt person; [Rev. 2009 East African Community Customs Management 27 (h) goods which have been declared for or are intended for transfer to another Partner State; (i) seized goods. (2) Where any goods are subject to Customs control, then— (a) any officer may at any time examine such goods; (b) except with the authority of the Commissioner or in accordance with this Act, no persons shall interfere in any way with such goods; (3) Where any goods are subject to Customs control, then the Commissioner may permit the owner of such goods to abandon them to the Customs; and on such abandonment such goods may, at the expense of the owner thereof, be destroyed or otherwise disposed of in such manner as the Commissioner may direct and the duty thereon shall be remitted or refunded, as the case may be. (4) A person who contravenes subsection (2) (b) commits an offence and shall be liable on conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding three years, or both and any goods in respect of which such offence has been committed shall be liable to forfeiture. 17. Where any loss or damage is occasioned to any Liability for loss, etc., through negligence of goods subject to Customs control through the wilful or officer negligent act of a Commissioner or an officer, an action shall lie against the Commissioner or such officer in respect thereof. PART III IMPORTATION Prohibited and Restricted Imports 18. (1) The goods specified in Part A of the Second Prohibited and restricted imports. Schedule are prohibited goods and the importation thereof is prohibited. (2) The goods specified in Part B of the Second Schedule are restricted goods and the importation thereof, save in accordance with any conditions regulating their importation, is prohibited. 19. (1) The Council may by order published in the Power to prohibit, etc. imports. Gazette amend the Second Schedule so as to provide that the importation of any goods or class of goods— 28 East African Community Customs Management [Rev. 2009 (a) is prohibited, either generally or in relation to any Partner State; (b) is prohibited, save in accordance with any conditions regulating their importation, either generally or in relation to a Partner State. (2) The Council may, by order published in the Gazette— (a) provide that the importation into a Partner State, or any area thereof, of any goods, or class of goods, shall be prohibited or shall be prohibited save in accordance with such conditions as may be specified in such order; (b) limit in respect of a Partner State the application of the provisions of the Second Schedule in respect of all or any of the goods specified therein; and thereupon in respect of such goods the provisions of this Act shall apply as if such goods are, or are not, as the case may be, included in the Second Schedule. (3) An order made under this section may specify goods, or any class of goods, either generally or in any particular manner and may prohibit or restrict the importation thereof either from all places or from any particular country or place. Exemption of goods 20. (1) Subject to subsection (2), sections 18 and 19 shall in transit, etc. not apply to goods imported in transit, or for transhipment, or as stores of any aircraft or vessel, unless such goods come within paragraph 2 of Part A of the Second Schedule, or are goods of which the importation in transit, or for transhipment, or as stores for any aircraft or vessel, is expressly prohibited or restricted in any order made under this Act prohibiting or restricting the importation of goods. (2) Where, under subsection (1), sections 18 and 19 do not apply to any goods imported in transit, or for transhipment, or as stores for any aircraft or vessel, then such goods shall be duly re-exported within such time and subject to such conditions as the Commissioner may specify; and where such goods are not so re-exported, then, as from the last date on which they should have been so re-exported, they shall be deemed to be prohibited goods, or restricted goods, as the case may be, and to have been imported on that date. Arrival and Report of Aircraft and Vessels Procedure on arrival. 21. (1) Save as provided in section 28, the master of every aircraft or vessel arriving in the Partner States— [Rev. 2009 East African Community Customs Management 29 (a) shall not, except where so allowed by the proper officer in any special circumstances, cause or permit such aircraft or vessel to land, touch at, or enter, any place in the Partner States other than a port; (b) shall, on arriving at any such port or place, come as quickly as the conditions of the port or place admit up to the proper place of mooring or unloading without touching at any other place; (c) shall, in proceeding to such proper place, bring to at the station appointed for the boarding of aircraft or vessels; (d) shall not, after arriving at such proper place, depart therefrom except directly to some other approved place of mooring or unloading, or directly to some other port or place in the Partner States, or directly on any voyage to a foreign port, in accordance with this Act; (e) shall not, after any such departure on any voyage to a foreign port, bring to within the Partner States except in accordance with this Act, or with the permission of the proper officer, or for some cause which the master explains to the satisfaction of such proper officer. (2) A master who contravenes this section commits an offence. 22. The proper officer may, unless other provision is Place of mooring etc. lawfully made, direct at what particular part of any port or other place any aircraft or vessel shall moor or discharge its cargo. 23. (1) A person, except the port pilot, the health officer, Restrictions on boarding vessel before proper or any other public officer in the exercise of his or her duties officer. and duly authorised, shall not, save with the permission of the proper officer, board any vessel before the proper officer. (2) A person who contravenes this section commits an offence and shall be liable to a fine not exceeding two hundred and fifty dollars. 24. (1) The master or agent of every aircraft or vessel, Report. whether laden or in ballast, shall, except where otherwise provided in any regulations, within twenty-four hours after arrival from a foreign port at any port, or other place Especially allowed by the proper officer, make report of such aircraft or vessel, and of its cargo and stores, and of any package for which there is no bill of lading, to the proper 30 East African Community Customs Management [Rev. 2009 officer on the prescribed form and in the prescribed manner. (2) A report under subsection (1) shall show separately any goods which are in transit, any goods for transhipment, any goods which are to remain on board for other ports in the Partner States, and any goods for re-exportation on the same aircraft or vessel. (3) In the case of a vessel of less than two hundred and fifty tons register, such report shall, except where otherwise allowed by the proper officer, be made before bulk is broken. (4) The proper officer may permit the master or agent of an aircraft or vessel to amend the destination, ownership or status of goods specified in the report where a change in such destination, ownership or status is intended. (5) The proper officer may permit the master or agent of an aircraft or vessel to amend an obvious error in the report, or to supply an omission, which in the opinion of the proper officer results from accident or inadvertence. (6) A master or agent of any aircraft or vessel who— (a) fails to make report in accordance with this section; (b) makes a report of which any of the particulars contained in the report are false; (c) except with the knowledge and consent of the proper officer, causes or permits bulk to be broken contrary to this section; or (d) except with the knowledge and consent of the proper officer, at any time after arrival causes or permits any goods to be staved, destroyed, or thrown overboard, or any packages to be opened, shall, unless such contravention is explained to the satisfaction of the proper officer; commits an offence and any goods in respect of which an offence contrary to paragraphs (a), (b), (c) or (d), of this subsection has been committed shall be liable to forfeiture. Master to answer 25. (1) The master or agent of every aircraft or vessel— questions, etc. (a) shall answer fully and immediately all such questions relating to the aircraft or vessel, its cargo, stores, baggage, crew, and passengers, as may be put to him or her by the proper officer; (b) shall produce all such books and documents in his or her custody or control relating to the aircraft or vessel, its cargo, stores, baggage, crew, and passengers, as the proper officer may require; [Rev. 2009 East African Community Customs Management 31 (c) shall, before any person, unless permitted to do so by the proper officer, disembarks, deliver to the officer who boards such aircraft or vessel on arrival at any port or place, a correct list in the prescribed form containing separately the names of the passengers disembarking and of those remaining on board such aircraft or vessel, and also, when required by such officer, the names of the master and of each officer and member of the crew; (d) shall, when required, deliver to the proper officer at the time of making report the clearance, if any, of such aircraft or vessel from the port from which such aircraft or vessel has arrived. (2) A master or agent who contravenes this section commits an offence. 26. (1) Goods which have been unloaded and landed Goods in transit shed etc. deemed to be in aircraft into a transit shed or a Customs area shall be deemed to be still or vessel. in the importing aircraft or vessel until they are delivered from such transit shed or Customs area; and so long as they remain in the transit shed or the Customs area the owners or agents of the aircraft or vessel shall continue to be responsible for the goods as if such goods had not been removed from such aircraft or vessel. (2) Where the goods are handed over to an owner of a transit shed who is not an agent of the importing aircraft or vessel the owner of the transit shed shall be responsible and accountable for the goods. (3) The owner or agent of an aircraft or vessel or the owner of a transit shed, as the case maybe, shall be liable for payment of duty on the goods if the goods are not subsequently delivered or otherwise accounted for to the satisfaction of the proper officer or for reshipment or destruction of goods which are condemned while still in the dry port or inland transit shed. (4) The owner or agent of an aircraft or vessel or a transit shed owner referred to in subsection (2) who fails to account for any of the goods for which he is responsible to the satisfaction of the proper officer, within such period as may be prescribed or such further period as the proper officer may allow, commits an offence. 32 East African Community Customs Management [Rev. 2009 (5) The owner or agent of an aircraft or vessel or the owner of a transit shed shall be liable to pay for the reshipment or for the destruction of any condemned goods. (6) The owner or agent of an aircraft or vessel or the owner of a transit shed as the case may be, who fails to meet the cost of reshipment or destruction of any condemned goods pursuant to subsection (5) commits an offence. Goods reported to be 27. Where any goods reported for discharge at a port, or unloaded. place specially allowed by the proper officer, are not duly unloaded and deposited in a transit shed or a Customs area, then the master or agent of the aircraft or vessel shall pay duty on the goods unless he or she explains, to the satisfaction of the proper officer, the failure to unload and deposit such goods. Master of wreck, etc. 28. (1) When any aircraft or vessel is lost or wrecked or to report. is compelled to land or bring to, within the Partner States owing to accident, stress of weather or other unavoidable cause, the master or agent of such aircraft or vessel shall, with all reasonable speed, make report of such aircraft or vessel and of its cargo and stores to the nearest officer or administrative officer. (2) Where any aircraft or vessel is found abandoned within the Partner States, then, unless the master or agent thereof satisfies the Commissioner that all the provisions of this Act in relation to such aircraft or vessel and its cargo and stores have been complied with, such aircraft or vessel and its cargo and stores shall be liable to forfeiture. (3) A master or agent who contravenes subsection (1) commits an offence. Arrival Overland Vehicles arriving 29. (1) A person in charge of any vehicle, whether or not overland. such vehicle is conveying goods and whether or not such goods (if any) are dutiable, arriving overland at a frontier of the Partner States from a place outside the Partner States shall not, except where otherwise permitted by the proper officer, cause or allow the vehicle to enter the Partner States at any place other than at a port appointed under section 11, and shall before unloading or disposing of the vehicle or of any goods therein— (a) report his or her arrival to the officer stationed at the frontier port at which he or she entered the Partner State; (b) furnish on the prescribed form such information as may be required concerning the vehicle or any such goods; [Rev. 2009 East African Community Customs Management 33 (c) make and subscribe a declaration as to the truth of all particulars contained in such form; (d) fully and immediately answer all relevant questions put to him or her by the proper officer; (e) produce all consignment notes or other relevant documents demanded of him or her by the proper officer; (f) save as otherwise provided in the Customs laws, make due entry of the vehicle and of any such goods. (2) Vehicles or goods to which this section applies shall not be removed from the Customs area until after due entry thereof has been made or until permission for removal has been granted by the proper officer. (3) A person who contravenes this section commits an offence and any goods in respect of which such offence has been committed shall be liable to forfeiture. 30. (1) Upon arrival at any port of the Partner States of Trains arriving. any train carrying goods subject to customs control, the station master or other person in charge of the railway station at that port shall deliver to the proper officer copies of all invoices, way-bills, consignment notes or other documents received by him or her and relating to the goods subject to customs control conveyed by that train and consigned to that station or required to be entered at that port. (2) A station master or other person in charge of a railway station at any port shall not, without the written permission of a proper officer, permit goods subject to customs control required to be entered at that port and conveyed to that station in any train to be removed from the transit shed or customs area appointed for such station, or be forwarded to any other railway station, and it shall be an offence to remove any goods from such shed or area before delivery or removal has been authorised by the proper officer. (3) A station master or other person in charge of a railway station shall not, without the written permission of the proper officer, deliver to the consignee or any person at the station any goods which are required to be entered at any other station. (4) An owner or user of a private railway siding or any other person shall not receive railway wagons containing goods subject to customs control into a private railway siding 34 East African Community Customs Management [Rev. 2009 unless he or she has been granted permission in writing by the Commissioner. (5) A person who contravenes the provisions of this section commits an offence and any goods in respect of which such offence has been committed shall be liable to forfeiture. Arrival overland 31. (1) A person arriving overland in the Partner States otherwise than by vehicle. from a foreign place, if he or she has any goods in his or her possession, shall, before disposing of the goods— (a) report his or her arrival to the officer stationed at the Customs house nearest to the point at which he or she crossed the frontier; (b) furnish on the prescribed form such information as may be required concerning the goods; (c) make and subscribe a declaration as to the truth of all particulars contained in the form; (d) fully and immediately answer all relevant questions put to him or her by the proper officer; (e) produce all consignment notes or other relevant documents demanded of him or her by the proper officer; (f) save as otherwise provided in the Customs laws, make due entry of any such goods. (2) Goods to which this section applies shall not be removed from the Customs area until after due entry thereof has been made or until permission for removal has been granted by the proper officer. (3) The Commissioner may, subject to such conditions as he or she may specify, exempt any person or class of persons from the provisions of this section. (4) A person who contravenes this section commits an offence and any goods in respect of which such offence has been committed shall be liable to forfeiture. Clearance by Pipeline Operator of pipeline 32. (1) The nature and quantities of goods imported or to report. exported through a pipeline shall be recorded and reported by the operator of the pipeline in such manner as the Commissioner may direct. (2) For the purpose of keeping records and making reports referred to in subsection (1), the operator shall at his or her own expense, provide such apparatus and appliances as the Commissioner may specify. [Rev. 2009 East African Community Customs Management 35 Unloading and Removal of Cargo 33. (1) Save with the written permission of the proper Unloading etc. officer and subject to such conditions as he or she may impose— (a) goods shall not be unloaded from any aircraft or vessel arriving from a foreign port unless such goods have been duly entered; (b) goods shall not be unloaded or removed from any aircraft or vessel arriving from a foreign port at any time whatsoever except as prescribed by the Commissioner; (c) goods shall not be unloaded from any aircraft or vessel arriving from a foreign port except at an approved place of unloading or at a sufferance wharf: (2) Notwithstanding subsection (1)— (a) goods may be unloaded from any such aircraft or vessel into another vessel in order to be landed; and in any such case such goods shall be taken directly to and landed without delay at an approved place of unloading or at a sufferance wharf; (b) with the permission of the proper officer and subject to such conditions as he or she may impose, goods reported for re-exportation by another aircraft or vessel may be unloaded into any other aircraft or vessel pending re-exportation; (3) All goods, which have been unloaded or landed, shall be conveyed to a Customs area and, if the proper officer so requires, shall be deposited in a transit shed or in a Customs warehouse: Provided that such goods as the proper officer may consider to be unsuited for storage in a transit shed or a Customs warehouse shall be deposited in such other place as the proper officer may direct, and thereupon such other place shall, for the purpose of such deposit, be deemed to be a transit shed; 36 East African Community Customs Management [Rev. 2009 (4) Goods shall not be removed from any part of a Customs area or from a transit shed or a Customs warehouse unless such goods have been duly reported and entered and authority for their removal or delivery has been given by the proper officer: Provided that the proper officer may, if he or she considers it necessary, direct the agent of any aircraft or vessel from which goods have been landed into any transit shed or Customs warehouse to remove such goods to some other place (which other place shall, for such purpose, be deemed to be a transit shed) selected by such proper officer and, if the agent fails to remove the goods when called upon, the proper officer may have them removed at the risk and expense of such agent; (5) All goods entered for warehousing shall be removed by the importer by such routes, in such manner, and within such time, as the proper officer may direct to the warehouse for which they were entered and shall be delivered into the custody of the person in charge of the warehouse: Provided that, if the proper officer so requires, the owner shall first enter into a bond for the due warehousing of the goods. (6) A person who contravenes this section, or any of the conditions which may have been imposed by, or any of the directions which may have been given by, the proper officer commits an offence and any goods in respect of which such offence has been committed shall be liable to forfeiture. Entry, Examination and Delivery Entry of cargo. 34. (1) Save as otherwise provided in the Customs laws, the whole of the cargo of an aircraft, vehicle or vessel which is unloaded or to be unloaded shall be entered by the owner within twenty one days after the commencement of discharge or in the case of vehicles on arrival or such further period as may be allowed by the proper officer, either for— (a) home consumption; (b) warehousing; (c) transhipment; (d) transit; or (e) export processing zones. (2) Where any entry is delivered to the proper officer, the owner shall furnish with the entry full particulars supported by documentary evidence of the goods referred to in the entry. [Rev. 2009 East African Community Customs Management 37 (3) Entries for goods to be unloaded may be delivered to the proper officer for checking before the arrival at the port of discharge of the aircraft or vessel in which such goods are imported; and in such case the Commissioner may in his or her discretion permit any goods to be entered before the arrival of such aircraft or vessel or vehicle. (4) Where any goods remain unentered within the period specified under subsection (1) then such goods shall, if the proper officer so requires, be removed by, or at the expense of, the agent of the aircraft or vessel in which such goods were imported to a Customs warehouse. 35. The surplus stores of any aircraft or vessel may, with Surplus stores may be entered. the permission of the proper officer, be entered for home consumption or for warehousing. 36. (1) Notwithstanding sections 33 and 34— Provisions relating to mail, personal baggage, etc. (a) mail bags and postal articles in the course of transmission by post may be unloaded and delivered to an officer of the Post Office without entry; (b) goods which are the bona fide personal baggage of the passengers, or members of the crew, of any aircraft or vessel may, subject to the provisions of any regulations, be unloaded and delivered to such persons without entry; (c) human remains may be released without entry; (d) diplomatic bags may be released without entry; (e) the proper officer may permit the unloading and delivery to the owner of any bullion, currency notes, coin, or perishable goods, without entry subject to an undertaking being given by such owner to furnish the necessary entry within forty-eight hours of the time of delivery. (2) An owner who contravenes any undertaking given under subsection (1) (e) commits an offence and shall be liable to a fine not exceeding five hundred dollars. 37. (1) Where the owner of any goods is, by reason of Entry in absence of documents. the absence of any, or of any sufficient, documents or information concerning them, unable to furnish full particulars of such goods, he or she shall make and subscribe a declaration on the prescribed form to that effect, and thereupon the proper officer may permit the owner to examine such goods in his or her presence. 38 East African Community Customs Management [Rev. 2009 (2) Upon such examination having been made the proper officer may, subject to section 38, permit the owner to enter such goods for home consumption, or for warehousing, if he or she is satisfied that the description of the goods for tariff and statistical purposes is correctly made in such entry, and also- (a) in the case of goods liable to duty ad valorem, that the value declared on the entry is in accordance with the Fourth Schedule; and (b) in the case of goods liable to duty according to weight, quantity, number, measurement, or strength, that the weight, quantity, number, measurement or strength declared on the entry is correct. (3) Where the proper officer has permitted entry to be made under subsection (2), the delivery of such goods may accordingly be made, but the proper officer may, in the case of goods liable to duty ad valorem, retain such samples of the goods for such period up to the passing of perfect entry as he or she may deem fit. (4) Where the owner of any goods referred to in the declaration does not make, or is not permitted to make, entry thereof in accordance with this section, then the proper officer shall cause the goods referred to in such declaration to be deposited in a Customs warehouse. Provisions relating to 38. (1) Where any goods entered in accordance with goods liable to duty ad volerem. section 37 are goods liable to duty ad valorem, then such entry shall be deemed to be a provisional entry. (2) Where any such goods are provisionally entered for home consumption, then the proper officer may require the owner to deposit, in addition to the amount estimated as the duty for the purpose of making such provisional entry, such further sum as the proper officer may deem fit; and such estimated duty and further sum shall be held on deposit and shall be forfeited unless the owner within three months, or such further period as may be allowed by the proper officer, of the provisional entry produces to the proper officer satisfactory evidence of the value of such goods and makes perfect entry thereof. (3) Where the owner makes perfect entry in accordance with subsection (2), then where— (a) the amount of the deposit is more than the full amount of the duty, either the difference shall be refunded to the owner and the balance brought to account as duty or the owner shall pay the full amount of the duty and be refunded the amount of the deposit; [Rev. 2009 East African Community Customs Management 39 (b) the amount of the deposit is equal to or less than the full amount of the duty, the deposit shall be brought to account as duty, and the difference, if any, shall thereupon be paid by the owner. 39. (1) The proper officer may subject to such conditions Delivery from Customs area in special as he or she may impose and to the giving of such security as circumstances. he or she may think appropriate for the due return of any goods or the payment of the duties thereon, permit the goods to be removed from any transit shed or Customs area without payment of the duty for such purpose, for such period, and in such quantities, as he or she may deem fit. (2) A person who contravenes any conditions imposed under subsection (1) commits an offence and any goods in respect of which such offence has been committed shall be liable to forfeiture. 40. The proper officer may permit any goods to be re- Re-packaging, etc. in Customs area, etc. packed, skipped, bulked, sorted, lotted, or packed, on any approved place of unloading, or on a sufferance wharf, or in a transit shed, or in a Customs area. 41. Goods entered under section 34, may in the presence Examination of goods. of the owner, be examined by the proper officer to take account and determine the accuracy of the entry made. Provisions relating to Customs Warehouses 42. (1) Where any goods which have been deposited in a Goods deposited in a Customs warehouse Customs warehouse are not lawfully removed within thirty may be sold, etc. days after deposit, then the Commissioner shall give notice by publication in the Gazette that unless such goods are removed within thirty days from the date of notice they shall be deemed to have been abandoned to Customs for sale by public auction and may be sold in such manner as the Commissioner may deem fit: Provided that any such goods which are of a perishable nature, or are animals, may be sold by the proper officer without notice, either by public auction or by private treaty, at any time after deposit in the Customs warehouse. (2) Notwithstanding subsection (1) the Commissioner may extend the period for the removal of goods imported by the Partner States’ Governments, or diplomatic mission or aid agencies. (3) Where any goods have been deposited in a Customs warehouse then they shall be subject to such rent and other charges as may be prescribed. 40 East African Community Customs Management [Rev. 2009 (4) Where any goods are sold under this section, then the proceeds thereof shall be applied in the order set out below in the discharge of— (a) the duties, if any; (b) the expenses of removal and sale; (c) the rent and charges due to the Customs; (d) the port charges; and (e) the freight and any other charges. (5) Where, after the proceeds of any such sale have been applied in accordance with subsection (3), there is any balance, then such balance shall— (a) if the goods were prohibited goods, or restricted goods in relation to which there had been any contravention or where no application for such balance is made as provided in paragraph (b) be paid into the Customs revenue; (b) in any other case be paid to the owner of the goods if he or she makes application for the payment within one year of the date of the sale. (6) Where any goods are offered for sale in accordance with this section and cannot be sold for a sum to pay all duties, expenses, rent, freight, and other charges, they may be destroyed or disposed of in such manner as the Commissioner may direct. (7) Subject to any other written law restricted or prohibited goods maybe disposed of in the manner the Commissioner may deem fit. (8) Any officer having the custody of any goods in a Customs warehouse, or place of deposit deemed to be a Customs warehouse, may refuse delivery therefrom until he or she is satisfied that all duties, expenses, rent, freight and other charges due in respect of such goods have been paid. Goods deemed to be 43. (1) Where under this Act any goods are required in Customs warehouse. to be deposited in a Customs warehouse, the proper officer may, decide that it is undesirable or inconvenient to deposit such goods in a Customs warehouse and direct that such goods shall be deposited in some other place; and thereupon such goods shall for all purposes be deemed to have been deposited in a Customs warehouse as from the time that they are required to be deposited. (2) Where any goods are deemed to have been deposited in a Customs warehouse then such goods shall, in addition to [Rev. 2009 East African Community Customs Management 41 the rent and other charges to which they are liable under section 42, be chargeable with such expenses incurred in the securing, guarding, and removing, of them as the proper officer may consider reasonable; and neither the Comm- issioner nor any officer shall be liable for the loss of or damage to such goods which may be occasioned by reason of their being deposited and dealt with. Passenger Clearance 44. (1) A person shall not disembark from any aircraft or Disembarkation of persons. vessel except at a place appointed in accordance with section 11 of this Act. (2) The following persons on landing at any port or place from an aircraft or vessel which has arrived from or called at a foreign port shall, subject to section 46 proceed forthwith to the baggage room or other place set aside for the examination of baggage and there remain until they receive the permission of the proper officer to leave that room or other place— (a) any person who is disembarking at that port or place; (b) any person, including any person who is returning ashore, who has any uncustomed goods in his possession, whether upon his person or in his baggage. (c) the crew of an aircraft or vessel who are leaving that aircraft or vessel either temporarily or for any other reason, and wish to remove their baggage or part thereof, from that aircraft or vessel; (d) any passenger who is temporarily leaving that aircraft or vessel and wishes to remove therefrom his baggage, or any part thereof; (e) any other person who may be required by the proper officer to do so. (3) The Commissioner may require the owner or agent of an aircraft or vessel conveying passengers to provide advance passenger information prior to the arrival of such aircraft or vessel. (4) Any person who contravenes this section commits an offence. 45. (1) There shall be established at every place of arrival Baggage to be taken to examination place. and within the baggage room at every major port a dual channel system which shall consist of— (a) green channel for passengers with nothing to declare or with baggage consisting of only goods within the prescribed passenger allowance as provided for in Part B of the Fifth Schedule of this Act; and 42 East African Community Customs Management [Rev. 2009 (b) red channel for passengers carrying dutiable or restricted goods: Provided that crew members of vessels or aircrafts shall use the red channel. (2) A person to whom section 44 applies shall without delay take his or her baggage and any uncustomed goods in his or her possession, to the place appointed for examination of baggage (3) Subject to section 46 a person shall not remove any baggage or goods out of the baggage room or such other place until the proper officer authorises such removal (4) A person who contravenes any provision of this section commits an offence. Baggage declaration 46. (1) A person shall on entering the Partner States make a declaration to the proper officer of his or her baggage and the articles contained therein or carried with him or her; and that declaration shall be at the discretion of the proper officer. PART IV WAREHOUSING OF GOODS General Provisions Dutiable goods may 47. (1) Subject to any regulations, goods liable to import be warehoused. duty may on first importation be warehoused without payment of duty in a Government warehouse or a bonded warehouse. (2) On, or as soon as practicable after, the landing of any goods to be warehoused, the proper officer shall take a particular account of such goods and shall enter such account in a book; and such account shall, subject to sections 52 and 58, be that upon which the duties in respect of such goods shall be ascertained and paid. Procedure on 48. (1) Where any goods entered to be warehoused are ware