Customs Management Act Section Summaries

Section 6-The Bahamas Customs Department

Collects revenue, protects the country, works with other agencies and helps legitimate trade move properly

Section 7-Appointment and Removal of the Comptroller

Explains who the head of customs is, who that person reports to, how long that appointment lasts and that the minister can pass certain responsibilities to the comptroller

Minister of Finance

appoints comptroller

Can delegate powers to the comptroller

Financial secretary

to whom the comptroller must report

Comptroller

head of customs

Term lasts 5yrs from date of appointment

Can be extended by 2yr

May issue a search warrant under Section 53

Section 8-General Authority and Powers of the Comptroller

Makes the comptroller the main administration of customs. The comptroller manages the department, makes important rules, oversees staffing and discipline, and has certain enforcement powers

Section 9-Powers of the Comptroller to Delegate Functions

Allows the comptroller to officially give certain customs powers to other persons but it must be written, clear and time limited

Terms of delegation- 3yrs

Extended period cannot exceed 3yrs

Can be revoked due to

Incapacity

Misconduct

No longer needed

Section 10-Protection, Independence, and obligations of Customs Officers

Protects officers when acting lawfully, stats that information must remain confidential and highlights disciplinary actions can be taken when officers abuse power/act unlawfully

No person shall

1a- manhandle or disturb a Customs officer during the performance or or in relation to any work done in the exercise of that officer’s duties; or

1b- obstruct Customs officers in the execution of their customs duties

Section 11- Identity cards and Oaths

Tells officers that official customs authority must be shown and properly carried

Section 12-Customs Flag and Symbol

Customs flag and symbol approved by Minister

Section 13-Customs Places

Says which port and airports counts as official customs places and who has the authority to designate them

Customs place

any official customs port or airport

Includes suffererances wharves (as of the 2013 amendment)

Section 14-Customs Controlled Areas

Explains that customs activities must take place in areas that are properly approved and controlled

Customs controlled area

a place officially approved for certain customs activities

An area may be licensed as a customs controlled area for any number of reasons such as;

Temporary storage of goods

Holding imported or exported goods

Processing of passengers

Processing of arriving and departing vessels, aircraft or any other means of transport

Loading and unloading goods

Examination of goods

Section 22- Patrols and Surveillance

Customs officers may patrol and conduct surveillance to detect custom offences under reasonable grounds

Includes private property and private dwelling houses (search warrant needed)

Private dwelling house- homes/houses

Places where a customs officer may conduct patrols and surveillance include

Wharves and structures connected to the shore

Shores and coastlines

Customs places

Customs controlled areas

Section 23-Landing or Mooring of Customs Crafts

A customs boat or craft may anchor, moor, berth, or land anywhere in the customs territory and no one may bring charges to the Customs Authority for doing so

Moor- to tie with rope/chain (secure)

Section 24- Boarding Means of Transport

Customs has the power to board transport because boarder control begins the moment the transport enters the customs territory

Section 25- Search of Means of Transport

Boarding means entering the transport. Searching means customs may go further and inspect spaces, packages, and goods to determine whether a customs breach has occurred

Section 26- Securing Goods in Means of Transport

While boarding and searching a means of transport customs may secure goods on board or remove goods to a safe location

Section 27- Firing on a Vessel

A customs officer may chase a vessel when it refuses to stop when signal or when the master refuses to allow boarding

Customs flag must be flown on the customs vessel

Firing on or into the vessel being chased must only be used as a last resort after a warning shot is fired

Section 28- Detention of Means of Transport

Customs may detain a vessel, aircraft, vehicle, or other means of transport if officer reasonably believes a customs offence  has been, is being or is about to be committed using it. It can also be detained if officers reasonably believe it carries a person into The Bahamas in a way that may breach customs laws.

Customs can direct the transport to

Proceed to a customs place

Remain where it is

Stay detained while the matter is being investigated

Section 29- Searching Vehicles

Customs may stop, search and detain a vehicle for the time being reasonably needed to search it where there is reasonable suspicion that it contains dutiable goods, uncustomed goods, prohibited goods, forfeited goods, dangerous goods, or evidence of a customs offence

Section 30- Questioning Persons

Customs is allowed to question anyone in the customs territory