East African Community Customs Management Act, 2004 - VERTIC

No. 1 East African Community Customs Management 2005by that name; and, notwithstanding that any such action may lie in tort,the Commissioner shall be responsible for the acts and defaults of anyofficer as if such officer were his or her servant or agent:Provided that nothing herein contained shall confer any rightof action against the Commissioner in his or her representativecapacity, whether in contract or in tort.(2) Where under this Act any proceedings are brought by or againstthe Commissioner in his or her representative capacity, then costs maybe awarded to or against the Commissioner.(3) Where under this Act any proceedings are brought by or againstthe Commissioner in his or her representative capacity and-(a) any sums or costs are recovered by the Commissioner, thesums or costs shall be credited to the Customs revenue;(b) any damages or costs are ordered to be paid by theCommissioner, the damages or costs shall be paid out of themonies appropriated for administration of customs in aPartner State and the Commissioner shall not be personallyliable.LimitationofproceedingsProvisionsrelatingtoproof,etc., inproceedings222. Proceedings for an offence under this Act may becommenced, and anything liable to forfeiture under this Act may beseized, within five years of the date of the offence.223. In any proceedings under this Act-(a) the onus of proving the place of origin of any goods or thepayment of the proper duties, or the lawful importation,landing, removal, conveyance, exportation, carriage coastwise,or transfer, of any goods shall be on the person prosecutedor claiming anything seized under this Act;(b) the averment by the Commissioner-(i)that any person is or was an officer or is or wasemployed in the prevention of smuggling;138