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Laws of Saint Christopherand NevisCustoms (Control and Management) ActCap 20.041Revision Date: 31 Dec 2002ST CHRISTOPHER AND NEVISCHAPTER 20.04CUSTOMS (CONTROL ANDMANAGEMENT) ACTand Subsidiary LegislationRevised Editionshowing the law as at 31 December 2002This is a revised edition of the law, prepared by the Law Revision Commissioner under theauthority of the Law Revision Act, No. 9 of 1986This edition contains a consolidation of the following laws:Customs (Control and Management) ActAct 4 of 1992 in force 11th December, 1995Amended by Act 7 of 2001Customs (Prescription of Customs Declaration Forms) Regulations – Sections 26and 34 – SRO 4 of 1996Fees payable to Treasury OfficersGovernment Warehouse RentsClearance CertificateGeneral Revenue Fees
2Cap 20.04Customs (Control and Management) ActLaws of Saint Christopherand NevisRevision Date: 31 Dec 2002Passengers BaggageForm of BoundTonnage Duties Chargeable on VesselsBounding Warehouse LicenceRules and Regulations for bounding WarehousesForm of PermitWarehouse charges
Laws of Saint Christopherand NevisCustoms (Control and Management) ActCap 20.043Revision Date: 31 Dec 2002CHAPTER 20.04CUSTOMS (CONTROL AND MANAGEMENT) ACTARRANGEMENT OF SECTIONSPART I – PRELIMINARY . 91.Short Title . 92.Interpretation. 93.Time of importation and exportation . 13PART II – ADMINISTRATION . 134.Comptroller of Customs. 135.Delegation and appointment by the Comptroller . 146.Obligation of secrecy . 147.Times of attendance of officers. 158.Assistance to be rendered by the Police. 159.Officers not to be interested in certain vessels, aircraft or merchandise . 1510. Directions. 1511. Application to Government vessels and aircraft . 15PART III – CUSTOMS CONTROLLED AREAS . 1612. Appointment of customs ports . 1613. Approved wharves . 1614. Customs airports . 1715. Customs areas . 1716. Examination stations. 1817. Transit sheds . 1818. Agents . 1819. Control of movement of uncleared goods. 1920. Control of pleasure craft . 20PART IV – IMPORTATION. 2021. Procedure on arrival of vessels . 2022. Procedure on arrival of aircraft . 2123. Power to make Regulations for arriving vessels and aircraft and theunloading of imported goods . 2224. Notification of arrival of vessels. 2225. Report inwards. 2326. Entry of goods on importation . 2427. Entry of bill of sight. 2528. Removal of uncleared goods to a Customs warehouse . 26
4Cap 20.04Customs (Control and Management) ActLaws of Saint Christopherand NevisRevision Date: 31 Dec 200229.30.Importation of goods by post . 26Control of movement of uncleared goods within or between port or airportand other places. 2731. Control of movement of goods to and from inland clearance depot, etc. 2732. Goods improperly imported . 28PART V – EXPORTATION . 2933. Power to make regulations as to the loading of goods and departing vesselsand aircraft . 2934. Entry of goods for exportation . 3035. Entry outwards of vessels. 3036. Stores. 3137. Clearance. 3138. Power to refuse or demand return of clearance . 3339. Security for exportation of goods. 3340. Offences in relation to exportation . 3341. Exportation of prohibited or restricted goods. 3542. Power to require information regarding goods of community origin . 35PART VI – COASTING TRADE . 3543. Definition of coasting trade. 3544. Power to make Regulations as to coasting trade . 3645. Limits on Coasting trade . 3646. Clearance of coasting vessels and aircraft. 3747. Cargo book . 3748. Examination of goods in coasting vessel . 3849. Offences in relation to carriage of goods coastwise . 3950. Power to make Regulations relating to small craft. 39PART VII – WAREHOUSING. 3951. Approval of warehouses. 3952. Power to make Regulations as to warehouses and warehoused goods. 4053. Goods not to be warehoused on importation . 4154. Production of goods in warehouse . 4255. Occupier to inspect and show goods for sale . 4256. Entry, marking, etc. of goods for warehousing . 4257. Re-entry of goods entered for warehousing . 4358. Operation on warehoused goods . 4359. Deficiency in warehoused goods. 4460. Removal of warehoused goods . 4561. Duty chargeable on warehoused goods . 4562. Removal of warehoused goods without payment of duty . 46
Laws of Saint Christopherand NevisCustoms (Control and Management) ActCap 20.045Revision Date: 31 Dec 200263. Provisions as to goods to be deposited in a Customs warehouse . 4664. Offences in relation to warehouses and warehoused goods . 47PART VIII – Duties, Drawback, Prohibitions and Restrictions. 4865. Time at which duty chargeable and payable . 4866. Goods to be warehoused without payment of duty . 4967. Relief from duty of goods entered for transit or transhipment. 4968. Calculation of duty chargeable . 4969. Special provisions . 4970. Reliefs from duty of re-imported goods. 5071. Abatement of duty . 5072. Goods imported only temporarily for re-exportation . 5173. Goods imported other than as cargo, stores, or baggage. 5174. Personal reliefs and power to make Regulations . 5175. Relief from duty on re-imported goods locally produced . 5276. Power of Cabinet to refund duty . 5277. Recovery of amounts due . 5278. Valuation . 5279. Extent of drawback . 5380. Claims for drawback . 5381. Drawback on goods destroyed or damaged after shipment. 5482. Offences in relation to drawback . 5483. Refund where duty paid on goods imported which are exported afterundergoing a process of manufacture . 5584. Restricted and prohibited imports and exports .85. Prohibition on carriage of spirits, tobacco, etc.PART IX – POWERS . 5686. Customs control of persons entering or leaving Saint Christopher and Nevis. 5687. Right to access. . 5688. Power of boarding. 5789. Power to station officer on vessel . 5790. Power to patrol and moor. 5891. Power to examine and take account of goods . 5892. Power to require provision of facilities etc . 5993. Power to take samples. 5994. Power to search premises. 6095. Power to search vehicles. 6096. Power to search persons. 6097. Power to arrest . 6198. Power to carry and use firearms. 61
6Cap 20.04Customs (Control and Management) ActLaws of Saint Christopherand NevisRevision Date: 31 Dec 200299. Power to summon vessels . 61100. Power to pay rewards . 62101. Power to require attendance . 62102. Power to require information and the production of evidence . 62103. Power to require security . 63PART X – OFFENCES . 63104. Unlawful assumption of character of Comptroller or officer . 63105. Bribery and collusion . 63106. Offences against officers . 64107. Carrying away officers . 64108. Interfering with customs vessels . 65109. Signalling to smugglers. 65110. Communicating with arriving vessels . 65111. Offering goods for sale as smuggled goods . 65112. Special penalty where offender armed or disguised . 66113. Untrue declarations . 66114. Counterfeiting documents . 67115. False scales. 67116. Fraudulent evasion . 67117. Removing locks, seals or marks . 68118. Penalty for violation of customs law not expressly provided for . 68PART XI – Legal Proceedings, Forfeiture and Sale of Goods . 69119. Institution of proceedings. 69120. Time limit on proceedings . 69121. Place of trial . 69122. Persons who may conduct proceedings. 70123. Service of process . 70124. Incidental provisions . 70125. Power to compound offences and mitigate penalties . 71126. Proof of certain documents . 71127. Proof of certain matters other than documents. 71128. Detention of persons about to leave Saint Christopher and Nevis . 72129. Actions against officers. 72130. Detention, seizure and condemnation of goods. 72131. Forfeiture of vessels etc., used in connection with goods liable to forfeiture . 73132. Special provisions as to forfeiture of larger vessels . 74133. Protection of officers seizing or detaining goods . 75134. Sale of goods condemned as forfeited. 75135. Sale of goods not condemned as forfeited. 76
Laws of Saint Christopherand NevisCustoms (Control and Management) ActCap 20.047Revision Date: 31 Dec 2002PART XII – DETERMINATION OF DISPUTES . 77136. Appeal to the Comptroller . 77137. Customs Appeal Commissioners . 77138. Appeal to the Customs Appeal Commissioners. 78139. Right of further appeal . 79140. Payment of duty after appeal . 79PART XIII – MISCELLANEOUS . 79141. Power to make Regulations . 79142. Amendment of Schedules . 80FIRST SCHEDULE . 81SECOND SCHEDULE . 82THIRD SCHEDULE. 91FOURTH SCHEDULE . 94FIFTH SCHEDULE. 100SIXTH SCHEDULE . 101SEVENTH SCHEDULE. 102EIGHTH SCHEDULE . 103NINTH SCHEDULE . 103TENTH SCHEDULE. 104ELEVENTH SCHEDULE . 105TWELFTH SCHEDULE . 105THIRTEENTH SCHEDULE . 106FOURTEENTH SCHEDULE. 106FIFTEENTH SCHEDULE. 110SIXTEENTH SCHEDULE . 110
Customs (Control and Management) ActCap 20.049Laws of Saint Christopherand NevisRevision Date: 31 Dec 2002CHAPTER 20.04CUSTOMS (CONTROL AND MANAGEMENT) ACTAN ACT to provide for the law relating to customs.PART I – PRELIMINARY1.Short Title.This Act may be cited as the Customs (Control and Management) Act.2.Interpretation.In this Act, unless the context otherwise requires, the following expressions havethe following meanings, respectively,“agent” means any person appointed as an agent under section 18;“aircraft” includes any balloon (whether captive or free), kite, glider, airship,helicopter or other flying machine;“airport” means any area of land or water designed, equipped, set apart orcommonly used for affording facilities for the landing and departureof aircraft;“approved wharf” means any place approved under section 13.(1);“assigned matter” means any matter in relation to which the Comptroller isfor the time being required in pursuance of any enactment to performany duty;“beer” includes any description of beer and any liquid which on an analysisof a sample thereof at any time is to be of a strength exceeding 1.2%but not more than 10% of pure ethyl alcohol by volume:Provided that the Minister shall have the power to modify thisdefinition or permit such exceptions as may be found desirable.“boarding station” means any place directed to be a boarding station undersection 12. (c);“burden”, in relation to the weight of a vessel, means the net registeredtonnage calculated in the manner prescribed by law for ascertainingnet registered tonnage;“cargo” means any goods, other than mail, stores, crew member’s effectsand passenger’s accompanied baggage, carried on board a vessel oraircraft;“claimant”, in relation to proceedings for the condemnation of any thing asbeing liable to forfeiture, means any person claiming that that thing isnot liable to forfeiture;
10Cap 20.04Customs (Control and Management) ActLaws of Saint Christopherand NevisRevision Date: 31 Dec 2002“coasting aircraft” and “coasting vessel” have the meaning given to them bysection 43. (1);“commander”, in relation to an aircraft, includes any person having or takingcharge or command of that aircraft;“Common Market” means the Caribbean Common Market;“Comptroller” means the Comptroller of Customs;“container” includes any bundle or package and any box, cask or otherreceptacle whatsoever;“crew” means any person employed in duties on board any vessel or aircraftduring a voyage or flight, whether or not such a person is on any crewlist;“customs airport” means any place prescribed as such or appointed undersection 14;“Customs Appeal Commissioners” means those persons appointed to beCustoms Appeal Commissioners under section 137;“customs area” means any place approved under section 15.(1);“customs enactment” includes the provisions of this Act, any subsidiarylegislation made under it, and any other enactment which relates to anassigned matter;“customs port” means any place prescribed as such or appointed undersection 12;“Customs warehouse” means any place appointed as such under section 63;“dollar” means the Eastern Caribbean Dollar;“drawback” means a refund of all or part of any duty of customs authorisedby any enactment in respect of goods exported or used in anyparticular manner;“drawback goods” means goods in the case of which a claim for drawbackhas been or is to be made;“dutiable goods” means goods of a class or description subject to any duty ofcustoms whether or not these goods are in fact chargeable with thatduty, and whether or not that duty has been paid thereon;“duty” means a duty of customs chargeable under any law on goods onimportation or exportation;“Entered”,(a)in relation to goods imported, warehoused, put on board anaircraft or ship as stores or exported, means the acceptanceand signature by the proper officer of an entry, specification orshipping bill and declaration signed by the importer orexporter on the prescribed form in the prescribed manner,
Laws of Saint Christopherand NevisCustoms (Control and Management) ActCap 20.0411Revision Date: 31 Dec 2002together with the payment to the proper officer by the importeror exporter of all rents and charges due to the Government inrespect of the goods; and(b)in the case of dutiable goods (except on the entry forwarehousing of imported goods) means the payment by theimporter or exporter to the proper officer of the full dutiesthereon, or else, where permitted, the deposit of a sum ofmoney or giving of security for the duties, as provided by law;or(c)in the case of goods for which security by bond is required onthe exportation, putting on board an aircraft or ship as stores orremoval of such goods, means the giving of such security; and“entry” shall be construed accordingly;“entry by bill of sight” means an entry made in accordance with section 27(3);“examination station” means any place approved under section 16 (1);“export” means to take or cause to be taken out of Saint Christopher andNevis or the territorial sea;“exporter”, in relation to goods for exportation or for use as stores, includesthe shipper of the goods and any person performing in relation to anyaircraft functions corresponding with those of a shipper;“goods” includes stores, baggage and livestock;“import” means to bring or cause to be brought into Saint Christopher andNevis or the territorial sea;“importer”, in relation to any goods at any time between their importationand the time when they are delivered out of customs charge, includesany owner or other person for the time being possessed of orbeneficially interested in the goods;“land and “landing”, in relation to the landing of aircraft, includes alightingon water;“master”, in relation to a vessel, includes any person having or taking chargeor command of the vessel;“Minister”, means the Minister charged with the responsibility of Customs;“occupier”, in relation to any warehouse, means the person who has givensecurity to the Comptroller in respect of those premises;“officer” means, subject to section 5. (2), any person employed in theCustoms Department of the Ministry of Finance, and includes theComptroller and the Deputy Comptroller;“owner”, in relation to a vessel or an aircraft, includes the operator of thatvessel or aircraft;
12Cap 20.04Customs (Control and Management) ActLaws of Saint Christopherand NevisRevision Date: 31 Dec 2002“passenger” means any person, other than a crew member, traveling on orarriving from any vessel or aircraft;“passenger’s accompanied baggage” means the personal and householdeffects of a passenger including currency carried on a vessel oraircraft whether in the personal possession of the passenger or not solong as it is not carried under a contract of carriage or other similaragreement and does not include any article intended for sale orexchange;“perfect entry” means any entry made in accordance with section 26 or thewarehousing Regulations, as the case may be;“police officer” means any member of the Royal Saint Christopher andNevis Police Force;“port” means a port appointed by the Minister under section 12;“prohibited or restricted goods” means goods of a class or description ofwhich the importation, exportation or carriage coastwise is for thetime being prohibited or restricted under or by virtue of anyenactment;“proper”, in relation to the person by, with or to whom or the place at whichany thing is to be done, means the person or place appointed orauthorised by the Comptroller in that behalf;“proprietor”, in relation to any goods, includes any owner, importer,exporter, shipper or other person for the time being possessed of orbeneficially interested in those goods;“shipment” includes loading into an aircraft and “shipped” and cognateexpressions shall be construed accordingly;“spirits” means any spirits of any description and includes all liquors mixedwith spirits and all mixtures, compounds or preparations made withspirits but does not include methylated spirits or medicated spirits;“stores” means goods for use in a vessel or aircraft and includes fuel andspare parts and other articles or equipment, whether or not forimmediate fitting;“territorial sea” has the same meaning as in section 3 of the Maritime AreasAct, Cap. 7.03;“tobacco” includes manufactured and unmanufactured tobacco of everydescription, tobacco stalks and tobacco refill;“transit” or “transhipment”, in relation to the entry of goods, means transitthrough Saint Christopher and Nevis or transhipment with a view tothe re-exportation of goods in question;“transit shed” means any place approved under section 17. (1);“vehicle” means any method of carriage or conveyance and includes any cartand wagon and any trailer attached to any vehicle;
Laws of Saint Christopherand NevisCusto
4 Cap 20.04 Customs (Control and Management) Act Laws of Saint Christopher and Nevis Revision Date: 31 Dec 2002 29. Importation of goods by post . 26 30. Control of movement of uncleared goods within or between port or airport
