PART VI 

CHAPTER I

EXPORT GENERALLY

GOODS TO BE EXPORTED THROUGH

THE CUSTOMS ENCLOSURE

 

131 Save as otherwise provided in this Act, all goods exported, from the Sudan, shall be passed through the customs enclosure, unless exempted by a written permission of the Chief Customs Officer, or under the provisions of any dispensation or agreement under section 184 or 186(1)(a). 

 

GOODS IN APPARENTLY BAD CONDITION

 

132. Goods for export arriving, in the customs enclosure, and found to be in apparently bad, damaged, or deficient condition, may be put apart, for the purpose of being examined and weighed, in the presence of the owner or carrier thereof, or his agent. A special note shall be written, in this respect, on the declaration for export, and the owner, or carrier thereof, or his agent may be required to sign the certificate of damage.

 

GOODS NOT EXPORTED IN ACCORDANCE

WITH THE DECLARATION

 

133. The owner of goods, with respect to which he has presented a declaration for export, and not exported in accordance with the declaration, shall immediately report such fact, to the Chief Customs Officer.

SECURITY OF EXPORT

AND CERTIFICATES OF LANDING

 

134. (1)    The Chief Customs Officer may require the owner of goods declared thereby for export, to give security that such goods shall be landed and delivered at the place declared therefore, or otherwise accounted for to his satisfaction.

 

    (2)       The exporter shall, whenever so required, produce a certificate of the Chief Customs Officer, at the port of destination, in proof of due landing, in accordance with the declaration of export of goods, and the Chief Customs Officer may refuse to allow any person to export any other goods subject to Customs control, where such person fails, within a reasonable time, to produce such certificate, with respect to any goods, which he has previously exported, or failed to give account with respect thereof which convinces the Chief Customs Officer.

 

 

LOADING OF GOODS

FOR EXPORT AND TRANSHIPMETN

 

135. (1)    Upon export, no goods shall, save with the written permission of the Chief Customs Officer, be:-

 

(a)    loaded into any means of conveyance, or transhipped;

 

(b)   loaded or transhipped, at, or from a place other than that appointed by the Director, for this purpose;

 

(a)    loaded into any means of conveyance, unless they have been entered in the manifest;

 

(b)   loaded or transhipped, save in the presence of the proper customs officer, except in case of passengers’ luggage, or ballast urgently required.

 

    (2)       The person in charge of the means of conveyance shall be responsible for the implementation of the provisions of sub-section (1), but such responsibility shall not relieve any other person from the duty to implement such provisions.

 

 

POWER OF CHIEF CUSTOM OFFICER

TO STOP LOADING AND TRANSHIPMENT OF GOODDS

 

136. (1)    The Chief Customs Officer may, at any time for any reasonable cause, stop the loading, or transhipment of goods, to any means of conveyance.

 

    (2)       The Chief Customs Officer shall, if so requested by the master, owner or any other person having interest, deliver thereto a written statement of the reason for stopping the loading, or transhipment.

 

 

GOODS NOT TO BE LOADED OR TRANSHIPPED ON HOLIDAYS

OR OUT OFR WORKING HOURS WITHOUT PERMISSION

 

137. Save upon the written permission of the Chief Customs Officer, no goods, other than passengers’ luggage or ballast urgently required, shall be loaded, or transhipped outside the prescribed hours on working days.

 

 

GOODS LOADED FOR EXPORT NOT TO BE OFFLOADED

 

138. No goods loaded for export shall be offloaded without the permission of the Chief Customs Officer.

 

CHAPTERI I

EXPORT BY SEA AND BY INLAND WATERWAYS

NO VESSEL TO DEPART WITHOUT A PERMIT

 

139 No master of a vessel shall depart, from any customs port, before obtaining a permit to depart, from the proper customs officer, and shall produce such permit where the same is demanded by the proper customs officer there from.

 

 

REQUISITES FOR OBTAINING PERMIT TO DEPART

 

140. Before the permit for departure is given, the master of a vessel shall:-

 

(a)    deposit with the proper customs officer such part of the vessel’s manifest as pertains to the goods loaded, or transhipped, at the place, or port from which the vessel is departing together with an attested copy thereof on the form prescribed therefore, and also the vessel’s manifest, where required by the proper customs officer, or a copy thereof, where required;

 

(b)   answer such questions, as may be addressed to him with respect of the vessel, the cargo, crew, passengers, stores and voyage thereof;

 

(c)    produce all the documents required by the proper customs officer, with respect to the vessel, the cargo, cr3ew, stores and voyage thereof.

PARTICULARS TO BE STATED

IN THE EXPORT MANIFES

 

141. The manifest produced under the provisions of section 140 shall contain the following particulars, and the master shall affirm the truth thereof, namely:-

 

(a)    the name and nationality of vessel;

 

(b)   the type of goods which compose the cargo of the vessel;

 

(c)    the number, type and marks of the packages, or the quantity, or weight of goods where in bulk;

 

(d)   the port or place of destination, and the ultimate port, or place of destination of any goods shown on the bill of lading;

 

(e)    the names of consignors of the goods.

 

AMENDMENT OF EXPORT MANIFEST

 

142. The Chief Customs Officer may permit the master, or owner of the vessel to amend the obvious errors in the manifest for export, or supply any such thing omitted there from, as the Chief Customs Officer may deem that omitting to mention the same has occurred by accident, or inadvertence, by furnishing an amended or supplementary manifest, and the Chief Customs Officer may levy thereon the prescribed fee. Save in accordance with the provisions of this section, no manifest for export shall be amended.

 

GROUNDS FOR REFUSAL TO DEPART

 

143. (1)    The Chief Customs Officer may refuse a permit to depart to the vessel until:-

 

(a)    the provisions of section 140 are implemented;

 

(b)   the legal requirements under this Act, with respect to all the charges and fines due from the vessel, the owner or master thereof, and all the customs duties due on the goods shipped therein have been duly paid or payment thereof is secured in such manner, as he ma prescribe;

 

(c)    the vessel’s agent, if any, delivers to the Chief Customs Officer a written declaration in which he undertakes to accept any fine which may be inflicted upon him, or which has been inflicted upon the master, or any of the crew, with respect to any contravention of the provisions of this Act, and shall furnish a security to execute such undertaking.

    (2)       The vessel’s agent who delivers the written declaration under paragraph (c) of sub-section of (1), shall be liable to be prosecuted for all such fines, as may have been inflicted upon the master of vessel, or one of the crews thereof.

 

    (3)       The Chief Customs Officer may require, at any time after the vessel’s entry within the precincts of the port the delivery of a declaration under paragraph (c) of sub-section (1), and pending delivery of such declaration, he may suspend granting his permit, to unload the cargo from the vessel, in accordance with the provisions of section 100.

 

 

PERMIT TO DEPART GRANTED

 

144. The Chief Customs Officer shall grant a permit to the master of a vessel to depart, whenever he is convinced that the provisions of section 140 and whatever he may have required under section 143 have been implemented.

 

CHAPTER III

EXPORT BY LAND

GOODS EXPORTED BY LAND TO BE TAKEN

TO THE NEAREST CUSTOMS STATION

 

145. (1)    Goods exported by land shall be taken to the customs station nearest to the place from which they are intended to the exported.

 

    (2)       Where the customs station does not lie an the frontier, the goods shall be conveyed there from without deviation, by the defined route for land carriage to the frontier. In case of non-existence of a defined route, the goods shall be conveyed by the usual route.

 

 

POWER OF THE CHIEF CUSTOMS OFFICER

TO REQUIRE THE MANIFEST

 

146. The Chief Customs Officer may require the delivery of a manifest, in the prescribed form, together with one copy thereof, for retention by the Customs, for any means of conveyance exporting goods by land. Where the customs station does not lie on the frontier, the person in charge of the said means of conveyance shall carry with him the said manifest, until the said means of conveyance crosses the frontier. 

CHAPTER IV

EXPORT BY AIR

AIRCRAFTS TO DEPART

FROM CUSTOMS AERODROMES

 

147. No aircraft shall depart to any place outside the Sudan, save from a customs aerodrome; provided that this section shall not be deemed to apply to any aircraft which is compelled to land, or alight after leaving the customs aerodrome, owing to an emergent cause.

 

 

DUTY OF PILOT TO REPORT

TO COMMISSIONER OR CUSTOMS OFFICER

 

148. Where any aircraft departing from the Sudan lands at any place other than accustoms aerodrome; the pilot thereof shall report, to the Commissioner, or whoever may represent him, or the customs officer and shall, on demand of the same, produce to such official, or officer, the journey log-book, and produce thereto also the manifest of the aircraft, if it carries goods, and shall also not allow any goods to be unloaded there from, save upon the approval and presence of the said official, or officer, and no passenger shall leave the immediate vicinity, without the approval of such official, or officer.

 

 

GOODS NOT TO BE EXPORTED IN AIRCRAFT SAVE

UPON PERMIT OF TE PROPER CUSTOMS OFFICER

 

149. (1)    The proper customs officer shall, upon being convinced, sign the declaration made with respect to the goods exported by aircraft, and such declaration shall, upon being signed, be deemed as clearance and a permit for export thereof.

 

    (2)       No person shall export any goods by any aircraft, before the proper customs officer delivers to him the declaration mentioned in sub-section (1).

 

 

DUTY OF PILOT TO GIVE NOTICE OF DEPARTURE,

PERFORE LOADING GOODS FOR EXPORT

 

150. The pilot of every aircraft, in which goods are to be exported shall, before any goods are taken on board, deliver to the proper customs officer, a notice of departure for a destination abroad, on the form prepared therefore, and he shall state therein the true particulars required hereunder.

GOODS NOT TO BE UNLOADED AFTER LOADING

FOR EXPORT SAVE UPON APPROVAL OF CUSTOMS

 

151. No person shall, without the permission of the proper customs officer, unload from the aircraft any of the goods loaded therein for export, and duty cleared under section 149, and shall not open, alter or break any lock, mark, or seal placed, by the customs officer, on any of the goods in the aircraft about the depart, from the Sudan, to any place abroad, and the provisions of this section shall apply to every aircraft about to depart from the Sudan and compelled to land owing to an emergent reason.

 

 

PRODUCTION OF DOCUMENT

AND DEPARTURE PERMIT

 

152. (1)    Subject to the provisions of section 147, the pilot of every aircraft about to depart to any place abroad shall deliver, in duplicate, to the proper customs officer, at the customs aerodrome, an application for clearance, from the said aerodrome, attaching therewith the journey log-book belonging to the aircraft. Where the aircraft carries goods, he shall deliver also the manifest on the form prepared therefore, stated therein the true particulars required there under. Whenever the same is signed by the proper customs officer, it shall be deemed a clearance document an a permit, for the aircraft, to depart to its destination, subject to the provisions of any regulations made under the Air act 1960.

 

    (2)       Subject to the provisions of section 147, no pilot shall depart, by his aircraft, from the Sudan, save after obtaining the permit mentioned in sub-section (1), and shall not, after obtaining the said permit land in any other place in the Sudan, before departing to his destination abroad. The pilot of an aircraft who intends to land at a customs aerodrome or more, before departing, to his destination abroad, shall request, at the last customs aerodrome, at which he lands, the clearance and permit to depart.

 

CHAPTER V

EXPORT PY POST

COLLECTION OF EXPORT DUTY

 

153. In case of export of goods by one of the post offices, the Director may, in his discretion, accept the declaration made by the consignor, under the Post Regulations, in lieu of the declaration required under the provisions of this Act, and he may also, subject to any customs verifications, accept the particulars entered into such declaration, with respect to the contents and value of the goods and otherwise of particulars for assessment of the duty due thereon. The Post Office may accept any duty assessed thereupon; on condition that such assessment shall be subject to verification by the Customs.

 

POWER OF DIRECTOR TO WAIVE

COMPLIANCE WITH FROMALITIES

 

154. Subject to such terms and conditions, as may be fit, in agreement with the Manager of the Post and Telegraph Public Corporation, the Director may waive compliance with the formalities imposed under the provisions of this Act, with respect to export of goods as he may deem fit.