اليوم الجمعة الموافق : 22 - يناير - 2021


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Part Fourteen
The Customs Domain and Detection Of Smuggling
  Section Tow
Detection of Smuggling
  Article (186) : a. Customs employees and policemen shall , for the sake of implementing this law and combatting smuggling, have the right to carry out examination of goods and means of transport and that within the regulatory limits that are formulated by the customs authority in accordance with the provisions of this law and other laws in force.
  b. Investigation (inspection) of persons. At the frontiers in the condition of entry and departure shall take place in accordance with the fundamentals determined by laws and regulations.
  Apart from that,it shall not be permissable to carry out a physical inspection of persons save in cases of being in the evident act or on the basis of notification established in a primary proces-verbal.
  c. Drivers of means of transport must obey the orders issued to them by custome employees and policemen who shall have the right to use all necessary means to stop the means of transport when its drivers do not obey their orders, and in this due regard shall be given to provisions and regulations in force.
  Article (187) : Customs employees and policemen shall have the right to board all vessels present in local harbors and those entering or leaving them, and to remain thereon until they unload the whole of their cargo. They may order opening of the vessel’s scuttles, rooms, strong rooms and the parcels carried therein. They may affix lead seals on limited, designated restricted and goods subject to excessive fees and taxes, etc .as may be specified by the Chairman of the Authority by a resolution published in the official Gazette and demand of captains that they produce lists of such goods when entering the harbors.
  Article (188) : - Customs officials and policemen shall have the right to board vessels within the scope of the custom domain to inspect them or to demand the cargo manifest or other documents that this law. They shall have the right , in the event of refusal to submit the documents or their absence or suspicion of there being certain smuggled or prohibited goods to take all necessary measures , including the use of force to seize the goods and lead the vessel to the nearest customs harbor.
  Article (189) :- Detection of smuggling , seizure of goods and the investigation of customs violations in respect of all goods my be carried out within the following conditions:-
  1-Within the customs land and sea domains.
  2-Within the customs precincts, harbors and airports and, generally, in all places subject to customs control, including genuine, special and pseudo warehouses.
  3- Outside the land and sea customs domains when following up and on –going chase of smuggled goods , if seen within the domain and in a condition evidencing the intent of smuggling
  As for goods subject to duties, other than the designated restricted goods ,prohibited goods or goods subject to excessive fees, it shall be a condition for carrying out an investigation thereof , seizure of goods and investigation of violations outside places determined in paragraphs 1,2 and 3 including places of residence, that customs employees should have proof of smuggling in accordance with laws and regulations in force, provided that this is established in a procesverbal . In respect of places of residence it shall be a condition that permission is obtained form the prosecution.As regards designated restricted goods or those subject to excessive duties and others that are specified by the Chairman of the Authority by a resolution published in the official Gazette and whose possessors or transports cannot produce regulatory proof determined by the by the Customs Authority these shall be considered to be smuggled, unless the contrary is proved.
  Article (190) : - when charged with Investigation custom employees and policemen may peruse vessel’ documents, lists, commercial correspondence, contracts ,registers and all other documents of whatsoever kind that directly or documents of whatsoever kind that directly or indirectly relate to customs operations and they may, when necessary, hold them with any quarter that relate to customs operations .such quarters must retain the records, documents and registers for a period of five years.