East African Community Customs Management Act, 2004 - VERTIC

No. 1 East African Community Customs Management 2005(d) require the owner or occupier to answer the questionsrelating to any book, document, or thing, or to any declarationin any such book or document;(e) require any container, envelope or other receptacle in thepremises to be opened;(f) at the risk and expense of the licensee, owner or occupier,open and examine any package or any goods or materialsin the premises;(g) take and retain without payment such reasonable samples ofany goods or materials as he or she may think necessaryfor the performance of his or her duties;(h) lock up, seal, mark, or otherwise secure any such premises,room, place, equipment, tank or container.(3) Where, on the search of any premises under this section, anyuncustomed goods, or any documents relating to any uncustomedgoods, are found, the proper officer may seize and carry away any suchgoods or documents.(4) A person, not being a proper officer, who opens, breaks, or in anyway interferes with any lock, seal, mark or other fastening placed byan officer in accordance with the provisions of this section on anybuilding, room or place commits an offence and shall be liable onconviction to a term of imprisonment not exceeding three years or afine not exceeding two thousand five hundred dollars.(5) Where the premises, room or place have been sealed with goodstherein and subsequently such goods or any part of the goods are nolonger therein, the owner or occupier commits an offence and shall beliable on conviction to a fine equal to twenty-five percent of the valueof the goods or to imprisonment for a term not exceeding five years.(6) An officer shall not be liable to any legal proceedings for anyaction taken in good faith in accordance with this section.Searchwarrants158.---(1) Without prejudice to any other power under this Act, whereany officer declares on oath before any magistrate that he or she hasreasonable grounds to believe that there are in any premises anyuncustomed goods or documents relating to any uncustomed goods,106