PART II
ADMINISTRATION
5. (1) The Director shall be responsible for the general application of this Act, and he shall, at all times, have full power and function to implement the same.
(2) The Director may, by writing under his hand, delegate, to any officer, any of the powers thereof, under this Act, in relation to any particular matter, or class of matters, or to any commissariat, area or place. Any such delegation shall be revocable, in writing, shall not prevent the exercise of such power.
6. The Customs shall use such flag, as may be prescribed, and vessels employed by the Customs shall be distinguished, from other vessels, by such flag.
7. (1) The Director may, by an order to be published in the Gazette, or by any such other means of publication, as he may deem fit, appoint:-
(a) customs ports, stations and aerodromes, for the import and export of goods by sea, inland water way, land or air, as the case may be;
(b) boarding stations, wherein officers board vessels and airplanes, for search;
(c) customs enclosures and examination stations, and specify the boundaries thereof;
(d) special places of entry and exit for goods in transit, the import, or export of which is restricted;
(e) customs zones and specify the boundaries thereof;
(f) routes for land carriage, between the frontiers and nearest customs station;
(g) special places, on the coast, for the landing, or shipment of local produce;
(h) general bonded warehouses outside customs enclosures, for the storage of goods subject to customs control.
(2) The appointment or specification mentioned in sub-section (1), may be for specified and limited purposes, or for a specified and limited time, or without any limitation of such sort, and may, at any time, be revoked, in such manner.
(3) All customs aerodromes, ports, and enclosures, boarding and examination stations, places of entry and exit, landing and shipment and land routes in actual use as such, at the commencement of this Act shall be deemed to have been appointed and limited under the provisions of this Act.
(4) The Director may allow the conveyance of goods, from a particular place of entry, to a particular customs station.
8. Save as otherwise provided, in this Act, for the manner in which appointment, direction or approval shall be made, a statement, in writing, signed by the Director that he has appointed, directed or approved shall be conclusive proof of the occurrence of such appointment, direction or approval and the date of validity of any of the same.
9. (1) The working day and hours of the Customs, for the transaction of business with the public, and the charges for overtime, shall be as prescribed.
(2) The Chief Customs Officer may, subject to payment of the prescribed charges for overtime, permit work outside the prescribed working day and hours.
10. (1) Every declaration of goods, or other document, to the Customs, shall be written in Arabic, or English.
(2) Where any declaration of goods, or other document is presented, to the Customs, in any language other than Arabic, of English, the Chief Customs Officer may require presentation of the original, together with a translation in Arabic, or English.
11. The commander of any vessel or aircraft, Customs officers and any other person authorized by the Director, in charge of any vessel, or aircraft carrying the proper ensign or hoisting the Customs flag, may pursue any vessel, within the territorial waters of the Sudan, or on any inland waterway, within the Sudan, which does not bring to, when lawfully signalled, or required so to do, and may after having fired a gun as a signal, fire at, or into such vessel, to compel her to bring to.
12. (1) Any of the officers, mentioned in section 11, may require the master of any vessel hovering, within the territorial waters, of the Sudan, to depart; and where such vessel fails to depart forthwith, may board and bring her into port.
(2) The proper officer of Customs may interrogate all persons on board the vessel, which has been brought into port, as aforesaid, and each shall thereupon reply the questions addressed, to him, with respect to the vessel, her cargo, crew, stores and voyage, and produce the documents relating to the vessel and the cargo thereof.
13. Any of the officers, mentioned in section 11, and any officer in case of any vessel on any inland waterway in the Sudan, may require, at any time, any of the vessels mentioned in paragraphs (f) and (g) of section 36, to bring to and may, in case of a vessel on any inland waterway, as aforesaid, to accost the bank at the nearest convenient place.
14. Subject to the provisions of section 17, any customs officer, or guard may:-
(a) board, or search any of the means of conveyance, in any customs port, station or aerodrome, or any vessel in any other place, which contains, or which he reasonably suspects to contain any goods, subject to customs control, and any vessel within the territorial waters of the Sudan.
(b) secure any goods found inside any of the said means of conveyance, or any, goods subject to Customs control found on such vessel.
15. Any customs officer may stop and search, at the risk and expense of the owner, any of the means of conveyance, other than a vessel, where he has reasonable grounds to suspect that it contains, in an unlawful way, goods subject to duties, or prohibited or restricted exports, or imports, for the purpose of ascertaining the same; and the person in control of the said means of conveyance shall stop the same, and permit conducting the search, upon being required so to do by any customs officer.
16. (1) Where the customs station is not on the frontier, any customs officer may stop and search, at the risk and expense of the owner, any means of conveyance, other than a vessel, in the vicinity of the customs station, or between the customs station and the frontier, and the person in charge of the said means shall stop and permit conducting the search, wherever required so to do by any customs officer, and inquiry and interrogation may be conducted with him and with any passenger, as to the type, source and the destination of the goods he carries.
(2) Where there are found any goods subject to duties, or prohibited, or restricted exports, or imports in the said means of conveyance, or where any person refuses to answer the questions addressed to him, or where his reply thereto is unconvincing, the customs officer may order the person in charge of the said means of conveyance to take it direct to the nearest customs station, and such person shall forthwith execute what he is required to do.
(3) The Chief Customs Officer may assign the person in charge of the said means of conveyance, or the owner of the goods present in such means, to deposit in cash or furnish security for the payment of the export duties due for payment upon such goods, and such deposited amount shall be forfeited, or such security enforced, unless the Chief Customs Officer is furnished, within six months, with such evidence, as may convince him that such goods are not exported.
17. Any customs officer, specially authorized by the Director, may board and search any means of conveyance in the service of any foreign State having on board goods laden abroad, other than vessel’s, or aircraft’s stores, or equipment, in the same manner, as other means of conveyance. Such officer may unload and bring such goods ashore and place the same under Customs control.
18. (1) The power of a customs officer to board any means of conveyance shall extend to staying on board thereof. The Chief Customs Officer may station a customs officer, or guard on board any means of conveyance, which the customs officer, or guard is entitled, and the master of the vessel shall provide suitable and sufficient places of accommodation and food, for them, free of charge.
(2) No means of conveyance shall depart from any place, with any customs officer, on board, save upon the consent thereof.
19. The power of a customs officer to search shall extend to every part of the means of conveyance, and his power shall include opening any package, locker or place, and examine all the goods and documents concerning the goods, or the means of conveyance.
20. The power of a customs officer to secure goods shall extend to fastening down hatchways and other openings into the hold of the vessel, and to locking up, sealing, marking, or taking any other way for securing, or removing the same to the customs enclosure, or examination station.
21. (1) Any authorized customs officer, or guard may at any time, without a warrant, enter and search any premises, or places, where he has reason to believe that smuggled, or prohibited goods are to be found therein, and he may seize and carry away such goods, as he may fine; provided that no entry and search of any dwelling house shall be made, unless the customs officer obtains a prior warrant for the same from the prosecution attorney or the competent magistrate.
(2) Any customs officer, or guard, upon the occurrence of resistance, may break open any clear, and remove any other impediment or obstruction to his entry, or the search for, or seizure, of the goods.
22. Any customs officer may question any person who is on, or about to, board any vessel, in a customs port, or other means of conveyance, which has crossed, or is about to cross the frontiers, or any person who has landed from, or got out of such vessel, or the other means of conveyance, as to whether he carries, has in his possession, or among his baggage, goods subject to duties, or prohibited, or restricted exports, or imports.
23. Where any customs officer has reasonable cause to suspect that any person to unlawfully carrying, has goods subject to custom control, or conceals any thing the import, or export of which is prohibited, or restricted, he may detain and search such persons, subject to the provisions of section 24; provided that women shall not be searched, save by a woman to be appointed by the Chief Customs Officer.
24. (1) every customs officer who wants to search any person, under the provisions of section 23, shall inform such person that prior to being searched, he may require to the taken to the nearest prosecution attorney, magistrate or the Chief Customs Officer. Where he requires the same, his request shall be responded to, as soon as possible.
(2) Where the prosecution attorney, magistrate or Chief Customs Officer, before whom such person has been brought deems that forthwith discharge him, and where he deems otherwise, he shall order conducting the search.
25. The Customs officer, or guard may require any person engaged in loading, or unlanding, or labourer working inside the customs enclosure, or engaged in loading, or unloading any means of conveyance to submit himself to be searched, upon his entry, or leaving the customs enclosure, or means of conveyance.
26. Any customs officer, or guard may arrest, without warrant, any person where the customs officer, or the guard has reasonable grounds to believe that such person has committed, attempted to commit, or has a relation with the commission of any of the following of offences:-
(a) smuggling;
(b) unlawfully conveying or possessing prohibited goods, and the person arrested, in this case, shall be brought before the Chief Customs Officer, the prosecution attorney or magistrate. The Chief Customs Officer, before whom the arrested person is brought, shall record, after ascertainment, the name and address of such person and the reason and circumstances in which arrest has been made. Where he is convinced that there are no reasonable grounds to believe that the arrested person has committed any of the aforesaid things, he shall, without prejudice to any future adjudication, or proceedings, which may be taken against him, discharge him. Where he is convinced that there are reasonable grounds to believe that the arrested person has committed any thing of the aforesaid, he may either, where so authorized, compound the contravention, in accordance with the provisions of section 209, or send him, under custody to the prosecution attorney, or magistrate.
27. Every person, during making a lawful arrest, or seizure, under the provisions of this Act may call, upon any person who is present, to assist him, and the required assistance shall be rendered accordingly.
28. The Chief Customs Officer may stop shipping, discharging or transhipping goods, in vessels, or other means of conveyance, on the basis that an attempt to smuggle has been made in regard to such goods or means of conveyance, or because the persons responsible for production of the manifest, or other documents which ought to be produced, have refused, or delayed to produce the same.
29. Any customs officer, or any person assisting him, in the course of discharging his duty, may patrol upon, and pass freely along, or over ay part of the coasts and customs zones, or any railways, or the shores, banks or beaches of any port, bay, lake, river, any road or land lying within five miles of the frontiers.
30. Where information has reached the Chief Customs Officer that any goods have been smuggled, undeclared, under, or unlawfully declared, or the assessed value thereof is lesser than the value of such goods, or there has occurred, with respect thereto, illegal dealing, or that information has been received about an intention to smuggle any goods, or not to declare, or to submit an illegal declaration, about the same, or a declaration less than the value thereof, or conducting an unlawful dealing with respect thereto, or where any goods have been seized, the owner of such goods, whenever required so to do, by the proper customs officer, shall forthwith produce, or hand over to him, all the books and documents concerning such goods, and any other goods which he has imported, or exported, at any time, within the five years immediately preceding such request, and he shall produce, to the proper customs officer, all such books and document whatever the type thereof may be, as whereon there is entered any entry, or note, purporting, in any way, to be relating to such goods, for him to inspect the same, and he shall permit such officer, or any officer authorized thereby, to take copies, or extracts out or such books and documents.
31. The Chief Customs Officer may impound, or retain such document, as may be connected to any declaration, or required to be produced by this Act; provided that the person entitled to such documents shall, in lieu thereof, and on payment of the prescribed feed, be entitled to obtain a copy thereof certified as correct, by the Chief Customs Officer. Such certified copy shall be admissible as evidence before all the courts, and shall have the same effect consequential to the original.
32. The Chief Customs Officer may, whenever he deems necessary, take from any goods under customs control, free of charge, samples to be utilized and disposed of, by any customs officer, in the prescribed manner.
33. The Director may issue permits:-
(a) to any person to trade with the vessels and aircrafts departing to, or coming from abroad;
(b) for the sale of fresh provisions and ice to the persons who visit such vessels and aircrafts, in ports and aerodromes, and for the sale of such articles, as are carried by such vessels and aircrafts for sale to passengers; or the crew of the vessel, or aircraft.
34. (1) No customs officer shall be liable for any seizure he has conducted in accordance with the provisions of the Act, whenever a reasonable ground therefore is found.
(2) Where the plaintiff recovers any means of conveyance, or any goods seized, or the proceeds of sale thereof, the court may record, in the judgement thereof, that seizure has been made upon reasonable grounds, and the same shall preclude taking of any proceedings against the custom officer, with respect to such seizure.
35. No customs officer, in the source of discharging his duty, shall be searched, save in case of red-handedness, or under a search warrant issued by the competent body, or by permission of the Director, the direct superior, at the work site, or whoever may be authorized by the Director therefore.
36. Goods shall be subject to customs control as follows:-
(a) with respect to goods present in the customs enclosure, examination station or customs zone, at all times;
(b) with respect to imported goods, from the time of import, until duly withdrawn, from the customs enclosure, or from bond, or where imported by post, until delivery to the consignee;
(c) with respect to all goods intended to be exported, from the time when the same are brought into customs enclosure, until the time of export;
(d) with respect to goods in transit, or for transhipment, from the time of import, to the time of export;
(e) with respect to goods, on board any vessel from aboard, whilst such vessel is within the limits of any customs port;
(f) with respect to imported goods, on board any coasting vessel, whilst such vessel is inside the Sudanese territorial waters;
(g) with respect to goods, on board any vessel plying to, or from abroad, on any internal waterway, in the Sudan, in case of the vessel from abroad, prior to the entry thereof into the port, and in case of the vessel leaving from abroad, after departure thereby, from the custom port; provided that where the order issued to appoint any customs enclosure, or examination station, does not fix the exact limits, the goods shall be deemed to be within such customs enclosure, or examination station from the time they are produced, for examination, to the proper customs officer.
37. The goods set forth in paragraphs (a) to (e) inclusive of section 36, shall not be altered, opened or tampered with, save under the authority of proper customs officer, in accordance with the provisions of this Act.
38. No fastening, lock, mark or seal, placed by a customs officer, upon any goods, door, hatchway, opening, place or means of conveyance shall, save by authority, be opened, altered, broken or erased whilst the goods, upon which the fastening, lock, mark or seal is placed, under customs control, where the object of placing them, upon the goods, is that they shall thereby remain under customs control.
39. Goods may, in the presence of the proper customs officer, be packed, marked, numbered, or re-packed, re-marked or re-numbered, inside the custom enclosure, after payment of the prescribed fees, where the same is permitted by the Chief Customs Officer, which permission may be withheld without giving any reasons.
40. The Government shall not be liable for the loss, or damage of any goods subject to customs control, or the control of any other Government department, on their behalf, save where the loss or damage is caused by gross negligence, or wilful misconduct of any customs officer, agent or servant thereof, or where the Government is bound to compensate such loss, or damage, under conditions (if any) which are enforceable under a contract of carriage or any other operation, by which the Government is bound, with respect to such goods.
41. Customs control shall include the right to examine all the goods subject to control, and any customs officer may, at the risk and expense of the owner, open packages, and he ma require the owner of the packages to open them, and may also examine, weigh, mark and seal the same, and the owner of the packages shall bear the expenses of such examination, including the cost of conveying the goods to the place of examination.
42. (1) Owners of packages shall open the same for examination; provided that imported, or exported goods by post shall be treated in accordance with the provisions of this Act applicable to the import and export of goods by post and the provisions relating to the Port and Telegraph Public Corporation.
(2) Where the owner of the goods is unknown, cannot be found or does not appear within fifteen days, of the time of the goods coming under customs control, packages may be opened, in his absence and at his expense in order to ascertain the quantity, description and value thereof. Nevertheless, any customs officer may open, at any time, any package, which he suspects to contain perishable, prohibited, restricted or dangerous goods.
43. The proper customs officer may require marking and numbering any package, where the same is not marked, or numbered, or the marking or numbering thereon is inadequate, and the owner of the package shall do such marking and numbering in both cases, or the same shall be done at his expense, in the presence of the customs officer and after payment of the control charge.
44. The Director may require and take securities, for the implementation of the provisions of this Act, and for the purpose of protecting customs revenues generally, and he may refuse to deliver any goods subject to customs control, or pass any declaration thereon, pending giving the security required with respect of the same.
45. Where giving security is required, such security shall be in the form of a bond or guarantee, in the prescribed form, or by cash deposit, or in both ways, as may be approved by the Director, in each case, and such bond, or guarantee shall bind the subscribers jointly and severally, with respect to the required amount.
46. Where the security is for a particular purpose, such security may be accepted, by authority of the Director, to cover all transaction for such time and as to such amount, as may be approved by the Director.
47. Where the conditions of a cash deposit are not fulfilled, at the time specified, the deposited amount may be forfeited, for the benefit of Customs.
48. Where the Director deems, at any time, that the security is inadequate, he may require a new security.
49. Where the conditions of the bond given under the provisions of this Act are fulfilled, the Director shall record satisfaction of the bond, or the obligation by signing a certificate, in the form prepared therefore, and thereupon the bond shall be discharged, and the goods with respect to which the bond is made shall be released and exempted from all claims concerning the same.
50. Where customs security is put in any suit, the production thereof shall entitle the Customs, without any need fro further proof, to judgement for the liabilities stated against all those who signed the security, unless the defendants adduce evidence of their compliance with the conditions thereof, or that they did not sign such security, or prove release, or satisfaction of the security.