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اليوم الاربعاء الموافق : 22 - نوفمبر - 2017

   

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  Part Six
Import and export

  Section One
Import
  (1) Marine Transportation:-
  Article (39): Every goods that arrives by way of sea, even if sent to the free zones, must be recorded in the shipment statement (mainfest).
  The Shipment statement must be single and must carry the signature of the vessel’s captain.
  The shipment statement must include the following information:-
  - Name of the vessel and its registered tonnage.
  - Types of goods and their gross weight and weight of excess goods, if any.
  - If the goods are prohibited their real nomenclature must be mentioned.
  - Number or parcels and parts and description of their wrappings , markings and numbers.
  - Name of shipper and name of addressee.
  - Ports from which the goods have been shipped.
  When entering the customs precinct the vessel’s captain must produce, on first demand of customs employees, the original shipment statement for endorsement, and hand over a copy thereof.
  When the vessel enters the harbour he must also submit to the Customs Department:-
  - The sole shipment state and when necessary a preliminary translation thereof.
  - The shipment statement related to the vessel’s supplies, sailors’ effects and their commodities.
  - A list of the names of passengers and all documents and shipment policies that may be required by the Customs Department for the sake of applying customs regulations.
  - A list of the goods to be disembarked at the harbour.
  - The statements and documents shall be submitted within thirty six hours of the vessel’s entry into the harbour. Official holidays shall not be entered within this period. The Chairman of the Authority shall define the form of the shipment statement and the mumber of copies that must be submitted.
  Article (40) :- if the shipment statement is that of a vessel that does not undertake regular trips or does not have shipping agents at ports or is a sailing vessel, that must be indicated by the customs of the shipping port. In exceptional cases at the discretion of the director of the department the shipment statement may be accepted from the captain of the vessel.
  Article (41) :- In principle it shall not be permissible to unload the vessel’s cargo and that of all other water transport means except in the precinct of the harbour in which the customs centre is present.
  It shall not be permissible to unload any goods or transport them to another vessel except with the written permission of the Customs Department and in the presence of its employees.
  Unloading and transfer from one vessel to another shall take place during hours and within the Conditions determined by the Customs Authority. Fishing vessels and transporters of fish products shall be allowed to load and unload at sea outside the harbours, provided that a prior annual permit is obtained from the minister.
  Article (42) : - Vessels’ captains of their representatives shall be responsible for shortage in pieces or parcels or their contents or the quantity of excess cargo until the goods are received into the customs warehouses or stores or by their owners when they are so permitted, with due regard for the provisions of Article (65) of this law.
  The executive regulation shall determine the ratio of allowance permitted in excess cargo by increase or decrease, as well as the ratio of partial shortage in goods arising out of natural factors or as a result of the weakness of wrappings and the outflow of their contents.
  Article (43) : If a shortage in the number of pieces or parcels unloaded from that entered in the cargo statement is established or a shortage in the amount of excess goods surpassing the ratio of allowance permitted by resolution of the Chairman of the Authority is established, then the vessel’s captain or his representative must justify such shortage and support it with documents of established relevance. If the submissions of such documents is not possible immediately a period of six months grace may be granted for their submissions after taking such surety as guarantees the rights of the Customs Department.
  (2) Land Transportation
  Article (44) : -Goods imported by land must be taken from the frontiers to the nearest customs centre and its transporters must follow the road or route that leads directly to such centre determined by resolution of the Chairman of the Authority published in the Official Gazette.
  The transporters of such goods are barred from surpassing them beyond the customs centre without a permit or place them in houses or other places before taking them to such centre.
  When necessary and by resolution of the Chairman of the Authority the entry of some goods by other routes may be permitted.
  Article (45) : Goods transporters and their companions must upon arrival at the customs centre submit a lading list or road voucher that takes the place of a cargo statement signed by the driver of the transport means and endorsed by the transport company, if any, and organized in accordance with Article (39) of this law, provided that the value of the goods shall be added. When necessary the Chairman of the Authority may decide some exceptions to this rule. The lading list or road voucher must be accompanied by documents in support of its contents in accordance with the conditions determined by the Customs Authority.
  (3) Aerial Transportation
  Article (46): The aircraft’s captain must steer the craft from the moment it crosses the frontiers the aerial ways that have been determined for it.
  Article (47) : The goods carried by aircraft must be recorded in the cargo statement signed by the captain of the aircraft and such statement must be organized in accordance with the conditions set in Article (39) of this law.
  Article (48): The captain of the aircraft must produce the cargo statement and the lists provided for in Article (39) of this law to the employees of the customs on first demand.
  He must submit these documents to the airport customs centre, along with their translation when necessary, and that immediately upon the aircraft’s arrival.
  Article (49) : -In principle the inloading and casting away of goods from aircraft while in flight is prohibited. However, the captain of the aircraft may order the casting away of goods if that is necessary for the safety of the aircraft, provided that he informs the Customs Department thereof immediately upon its landing.
  General Provisions
  Article (50) : -The Provisions of Articles 41,42 and 43 of this law shall be applied to land and aerial transportation in respect of unloading and transportation of goods from one means of transport to another. Drivers , captains of aircraft and transport companies shall be responsible for any shortage in the event of land or aerial transportation in the course of application of this law.
  Section Two
Export
  Article (51) : Every Vessel, train, motor car, aircraft or any other means of transport, whether loaded or empty, shall be prohibited from leaving the Republic without its having presented to the Customs Department a cargo statement in accordance with the provisions of Article (39) and all the documents referred to in the said article, and having obtained a departure permit, unless there is some exception determined by the executive Regulation of this law.
  Article (52): Goods prepared for export must be taken to be declared in detail to the nearest Customs Department. It is prohibited for transporters towards the land frontiers to cross customs centres or point without permit or to follow other roads with the intent of avoiding such centres and points, provided that as regards goods subject to the control of the customs precinct the provisions determined by the Customs Authority in accordance with the provisions of this law taken into due consideration.
  Section three
Transportation by postal Correspondence and Parcels
  Article (53) :- Goods may be imported and exported by way of postal parcels or correspondence in accordance with the Arab and international postal agreements and the internal legal provisions in force.
  Section Four
Common Provisions
  Article (54): it shall not be permissible to state in the cargo statement or whatever takes its place several closed parcels and grouped in any manner whatsoever as being one parcel.
  As regards containers, drums and trailers the regulations issued by the Customs Authority shall be taken into consideration.