East African Community customs Management Act 2004

1 LEGAL NOTICE NO. 01/2005 ISSN 0000211 THE east African Community ACT SUPPLEMENT No. 1 1st January, 2005 to the Gazette of east African No. 001 Vol. AT 1 dated 1st January, 2005 Printed by the Government Priter, Dar es Salaam, by Order of east African Community THE east African Community customs Management ACT, 2004 ARRANGEMENT OF SECTIONS Section Title PA RT 1 PRELIMINARY PROVISIONS 1. Short title, application and commencement. 2. Interpretation. PA RT 11 ADMINISTRATION 3. The Directorate of customs . 4. Functions of the Directorate. 5. Provisions relating to staff.

2 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. 1 No. 1 east African Community customs Management 2005 16. customs control of goods. 17. Liability for loss, etc., through negligence of officer. PART III IMPORTATION Prohibited and Restricted Imports 18.

3 Prohibited and restricted imports. 19. Power to prohibit, etc., imports. 20 Exemptions of goods in transit, etc. 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.

4 Operator of pipeline to report. 33. Unloading, etc. Unloading and Removal of Cargo Entry, Examination, and Delivery 34. Entry of cargo. 35. Surplus stores may be entered. 36. Provisions relating to mail, personal baggage, etc. 2 No. 1 east African Community customs Management 2005 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.

5 43 Goods deemed to be in customs warehouse . Passenger Clearance 44. Disembarkation of persons. 45. Baggage to be taken to examination place. 46 Baggage declaration. PA RT I V 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.

6 , 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. 3 No. 1 east African Community customs Management 2005 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.

7 68. Goods in Government warehouse liable to rent, etc. 69. Removal, etc., of goods in Government warehouse . PA RT V EXPORTATION Prohibited and Restricted Exports 70. Prohibited and restricted exports. 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.

8 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. 4 No. 1 east African Community customs Management 2005 86. Control of entry. 87. Termination of transit procedure. PA RT V I DEPARTURE AND CLEARANCE OF AIRCRAFT AND VESSELS 88. Clearance required for departure to foreign port. 89. Grant of clearance.

9 90. Clearance certificate to be produced. 91. Deficiency or surplus in cargo or stores. 92. Aircraft or vessel to bring to at boarding station. PA RT V I I IMPORTATION AND EXPORTATION BY PORT 93. Application of Act to postal articles. 94. Time of entry of postal articles. 95. Registered courier companies to land, store, etc. 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 for- eign port. 99. Loading, etc.

10 , 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. PA RT I X 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. 5 No. 1 east African Community customs Management 2005 PA RT X DUTIES Liability to Duty 110.