East African Community Customs Management Act, 2004 - VERTIC

No. 1 East African Community Customs Management 2005that such certificate of clearance has been cancelled and may requirethe return of such certificate, and thereupon such certificate shall bedeemed never to have been granted.(8) A master or agent who contravenes any undertaking given undersubsection (4), or who refuses to return any certificate of clearancewhen required to do so under subsection (7), commits an offence.Clearancecertificateto beproducedDeficiencyorsurplusin cargoor stores90.-(1) An officer may board any aircraft or vessel in a Partner Stateafter clearance and require the master thereof to producesuch certificate of clearance and to answer any questions relating tosuch aircraft or vessel, its cargo, stores, baggage, crew, andpassengers.(2) The master of any aircraft or vessel who fails to produce suchcertificate of clearance on demand commits an offence.91.-(1) Where, on any aircraft or vessel being boarded by theproper officer, any goods or stores which are not contained in the manifestof such aircraft or vessel are found on such aircraft or vessel, thenthe master thereof commits an offence and any goods in respect ofwhich such offence has been committed shall be liable to forfeiture.(2) Where, on any aircraft or vessel being boarded by the properofficer, any goods which were reported on the arrival of such aircraftor vessel as remaining on board for other ports in a Partner State, or forre-exportation, or as stores, or which after arrival were put on board forremoval under bond to another port in a Partner State, or forexportation or use as stores, are not on board, due allowance beingmade in the case of stores for any goods which might fairly have beenconsumed or used, then the master of such aircraft or vessel commitsan offence.(3) Where, on any aircraft or vessel being boarded by the properofficer after its return to a Partner State from a voyage to a foreign port,any goods which on the previous arrival of such aircraft or vessel werereported as stores or were then put on board as stores are not on board,due allowance being made for any goods which might fairly have beenconsumed or used, the master of such aircraft or vessel commits anoffence and shall be liable to a fine of ten percent of the value of thegoods and to pay the duties on the deficiency of the goods at the ratechargeable upon importation of similar goods.72