Prevention of Smuggling (CAP. 340 1
CHAPTER 340
T H E PREVENTION O F SMUGGLING ACT
Arrangement of Sections
Section
1. Short title.
2. Interpretation.
3 . Vessel not bringing to, when called on.
4. Destroying cargo, when chased.
5. Boarding and searching vessel.
6. Liability of vessels arriving to produce clearances.
7. Placing officers on board vessels bound for ports in
Antigua and Barbuda.
8. Smuggling spirits and tobacco.
9. Accessories before the fact in general to smuggling.
10. Signalling in aid of smugglers.
11. Violent rescues from, assaults upon and resistance to
revenue officers and others.
12. Prohibition of carriage of spirits or tobacco in vessels
under 30 tons.
13. Forfeiture of vessels under 30 tons having spirits or
tobacco on board.
14. Bonds on exportation of spirits and tobacco.
15. Seizure and sale of forfeitures.
16. Limitation of Prosecutions.
17. Indemnity to informing accomplices.
18. Evidence.
19. Liability of vessel for penalty payable by owner or
master.
20. Payment and appropriation of penalties.
2 1. Remission of penalties.
22. Institution of prosecutions.
SCHEDULE A
SCHEDULE B
LAWS OF ANTIGUA AND BARBUDA
Prevention of S m u ~ l i n g (CAP. 340 3
PREVENTION O F SMUGGLING
(4th March, 1895.) 411895
211950
18/1989
S . I . 3911989
1. This Act may be cited as the Prevention of Smug- short title.
gling Act.
2. In this Act- Interpretation.
"Comptroller of Customs" includes any revenue officer;
"manifest7' includes inward and outward report of
cargo, whether the report be put in by the master
or by the agent of the vessel;
' ' master" includes every person having or taking com-
mand or charge of a vessel;
" revenue laws" means this Act or any Act or enact-
ment, past or future, in force for the protection of
the revenue;
"spirits" means and includes rum, gin, whisky, brandy,
wines, liqueurs, bay rum, perfumed and medicated
spirits and malt liquors;
"tobacco" means and includes leaf tobacco, manufac-
tured tobacco, cigars, cigarettes and snuff;
'6 vessel" includes ship, boat, canoe, and every descrip-
tion of floating craft, however propelled, and
whether decked or undecked, used in navigation.
3. (1) If any vessel, being within the territorial sea vessel not
bringing to,
shall not bring to, upon signal made by any of Her Majesty's when called on,
vessels or by any vessel in the service of Antigua and Barbuda,
such signal to be made by day by hoisting the blue ensign
and by night by discharging a gun or other firearm, the
master of such vessel so not bringing to shall on summary
conviction be liable to a fine of one thousand dollars.
LAWS OF ANTIGUA AND BARBUDA
CAP. 340) Prevention of Smugglinj
(2) If any vessel shall not bring to on signal so made
and shall be chased by any of Her Majesty's vessels or by
any vessel in the service of Antigua and Barbuda, it shall
be lawful for the captain or other the person having charge
of such vessel of Her Majesty or in the service of Antigua
and Barbuda, either within or without the territorial sea,
first causing two guns or other firearms to be fired as a signal,
to fire at or into the vessel being chased, if the latter vessel
shall be within the territorial sea; and such captain or other
person having charge as aforesaid and any other person acting
in his aid or by his direction, on proving that the requirements
of this subsection were complied with, shall be and is hereby
indemnified and discharged from any indictment, penalty,
action or other proceeding for so doing.
Destroying cargo,
when chased.
4. If any vessel shall not bring to on signal so made,
and chase shall be given, and any person on board such - , a
vessel, while within the territorial sea, and during such chase,
or before or after such vessel shall bring to, shall throw over-
board any part of her lading, or stave or destroy any part
thereof, such vessel shall thereupon be forfeited, and every
person who was employed in working such vessel during the
chase shall be liable, on summary conviction, to a fine not
exceeding three thousand dollars and, in default of payment,
to be imprisoned with hard labour for any term not exceeding
six months.
Boarding and
searching vessel.
5 . Any vessel found within the territorial sea may be
boarded and searched by the Comptroller of Customs or any
person acting under his orders or by any officer or other
person employed for the protection of the revenue or by any
police officer, and if, upon examination, she shall be found
to have any spirits or tobacco on board, the captain may
be directed, unless the vessel shall be bound for any port
in Antigua and Barbuda, forthwith to depart beyond the limit
of the territorial sea, and if, not being bound for any port
in Antigua and Barbuda, she shall not so depart, or if,
whether so bound or not, she shall afterwards be found within
the said limit short of any such spirits or tobacco or in ballast,
and the master shall be unable to give a satisfactory account
of the cargo that was first found on board of her, then such
vessel shall be forfeited, and the master shall, on summary
conviction, be liable to a fine not exceeding five thousand
LAWS OF ANTIGUA AND BARBUDA
Prevention of Smuggling (CAP. 340 5
dollars and, in default of payment, to be imprisoned with
hard labour for any term not exceeding six months:
Provided that, where it can be proved that the owner
himself is not implicated in an offence against this section,
so much of this section as relates to forfeiture shall be deemed
not to apply.
6. (1) The master of any vessel arriving within the vessels Liability arriving of
territorial sea shall, when called upon so to do by any person to produfe
having power to board and search such vessel, produce to clearances.
such person a clearance, of all cargo on board of such vessel,
and if such master shall refuse or neglect so to do, or should
such cargo not agree with the clearance produced, then,
unless the discrepancy, if any, shall be satisfactorily explained,
such master shall be liable, on summary conviction, to pay
a fine not exceeding three thousand dollars and, in default
of payment, to be imprisoned with or without hard labour,
for any term not exceeding three months.
(2) The clearance shall be from the proper Custom
authorities at the port from which the vessel last sailed:
Provided that this subsection shall not apply to registered
steamships.
7. (1) Whenever any vessel boarded by any officer ~p'~,","r;f~~;~,
having authority to board and search the same shall be bound bound for ports
or reported to such boarding officer to be bound for any in Antiguaand
Barbuda.
port of Antigua and Barbuda, such boarding officer may
appoint any person under his command to go in such vessel
to the port for which she shall be bound, and to remain on
board until the necessary entries shall have been made at
the Customs of such port and, should the cargo not be land-
ed at such port, then to remain in such vessel until she shall
finally leave the coasts of Antigua and Barbuda.
(2) While any person is so placed on board any vessel,
it shall be the duty of the master of such vessel to supply
him with proper and sufficient food, water and accommoda-
tion, for which he shall be entitled to claim remuneration
at the rate of forty-eight cents a day; and any master failing
herein shall be liable to a penalty not exceeding two hundred
and fifty dollars recoverable summarily before a Magistrate.
LAWS OF ANTIGUA AND BARBUDA
6 CAP. 340) Prevention of Smugling
Smuggling spirits
and tobacco. 8. Every person concerned in smuggling any spirits
or tobacco, or in landing or attempting to land any spirits
or tobacco without having first obtained the proper
of the Comptroller of Customs, and every person receiving
or harbouring such goods, knowing the same to have been
smuggled or landed as aforesaid, shall be liable on summary
conviction, to be imprisoned, with or without hard labour,
for any term not exceeding six months.
Accessories before 9. Every person who, being in Antigua and Barbuda
the fact in
general to shall induce or attempt to induce, or shall direct or solicit,
smuggling. any other person, whether within or without Antigua and
Barbuda, to smuggle or bring into or land in Antigua and
Barbuda any goods without paying the import duty or any
other duty or duties which may be payable by law in respect
thereof, shall, on summary conviction, be liable to be
imprisoned, with or without hard labour, for any term not
exceeding three months.
Signalling in aid
of smugglers.
10. (1) Every person who, after sunset and before
sunrise, shall make or aid or assist in making any signal
in or on board of or from any vessel or on or from any part
of Antigua and Barbuda for the purpose of giving notice
to any person on board any smuggling vessel, whether any
person so on board be or be not within distance to notice
such signal, shall be guilty of a misdemeanour, and may
be arrested without warrant, and, on conviction, shall be
liable to be imprisoned, with or without hard labour, for
any term not exceeding twelve months.
(2) In any proceedings against any person under this
section it shall not be necessary to prove that any person
was actually on board any vessel, or that any vessel was
actually off the shores of Antigua and Barbuda.
(3) The Comptroller of Customs or any member of the
Police Force may at any time prevent any signal being made
for the purpose of giving notice to any person on board a
smuggling vessel and may go upon any lands for that pur-
pose without being liable to any indictment, penalty, action
or proceeding therefor.
LAWS OF ANTIGUA AND BARBUDA
Prevention of Smugqling (CAP. 340 7
1 . If any person, armed with a gun, pistol, sword, violent rescues
from, assaults pike, or staff or by throwing or using stones or any other upon and
instrument, or in any violent manner, rescues or attempts resistance to
revenue officers to rescue any offender arrested or any vessel, goods or chattels ,,d others.
seized under the revenue laws or prevents or attempts to
prevent any such arrest or seizure or assaults, beats or wounds
anv revenue officer or member of the Police Force or other
person acting in his aid or assistance or any person acting
in the exercise of any of the powers given by the revenue
laws or any person who has given or is about to give informa-
tion or has discovered or given evidence or is about to give
evidence in respect of any breach of the revenue laws, or
forcibly opposes the execution of any of the powers given
by the revenue laws, or, being armed or by s d . means or
with such violence as aforesaid or in a violent manner, offers
or threatens so to do, then every person so offending and
his aiders and abettors shall be guilty of felony and shall be
liable, on conviction, to be imprisoned with hard labour for
any term not exceeding five years.
I 12. (1) No spirits or tobacco shall be brought into P"ip;;$rits
j the territorial sea or imported into or exported from An- .. tobacco in tigua and Barbuda in any vessel of less than thirty tons vessels under 30
tons.
burthen:
Provided alwavs that whenever it shall be made to appear
A -
to the Comptroller of Customs that any person desiring to
import into or export from any part of Antigua and Barbuda
any spirits or tobacco is unable to procure a vessel of thirty . -
or more tons burthen wherein to import or export the same
it shall be lawful for the Comptroller of Customs by writing
under his hand to grant permission in the form set forth in
Schedule B for a vessel of less than thirtv tons burthen to Schedule B.
be used for such purpose aforesaid and for such period and
subject to such conditions as he may see fit, and he may
refuse to issue such permission without reason assigned, and
may recall, cancel or vary any such permission already issued.
(2) Any vessel arriving at any port or place in the island
of Antigua from the island of Barbuda or at any place in
the island of Barbuda from the island of Antigua, shall be
deemed and dealt with in such like manner as if such vessel
had arrived from any port outside the limits of Antigua and
% Barbuda for the purpose of this section only.
LAWS OF ANTIGUA AND BARBUDA
CAP. 340) Prevention of Smugling
(3) Any person offending against the provisions of this
section shall be liable on summary conviction to a penalty
not exceeding twenty-five thousand dollars, and all spirits
or tobacco brought into the territorial sea, imported or
exported contrary to the provisions contained therein shall
be forfeited.
Forfeiture of
vessels under 30
13. Any vessel of less than thirty tons burthen, save
tons having and except as hereinbefore provided, having on board any
spirits tobacco spirits or tobacco and arriving at or anchoring or lying to
on board.
or being within the territorial sea or departing therefrom shall
together with the cargo on board thereof, and the furniture,
tackle, apparel and boats belonging thereto, be forfeited:
Provided that the provisions of this section shall not apply
where the master of the vessel satisfies the Comptroller of
Customs that the vessel has arrived, anchored, lain to, or
was a9 aforesaid through stress of weather or other good and
sufficient cause.
Bonds on 14. Every person shipping or exporting spirits or
exportation of
spirits and tobacco from Antigua and Barbuda shall, before clearance
tobacco. is granted to the vessel on which the same are or is shipped,
enter into a bond in treble the amount of the import duty
which would be payable on such spirits or tobacco, if the
same were imported into Antigua and Barbuda for home
consumption, and, in the discretion of the Comptroller of
Customs, with or without sureties to be approved by the
Comptroller of Customs, which bond shall be in the form
schedule A. set forth in the Schedule A, with such modifications, if any,
as the Comptroller of Customs shall allow, and the sum or
sums recoverable under such bond, if the same becomes
forfeit by failure to perform the condition therein contained,
shall be recoverable in the manner prescribed by the
Magistrate's Code of Procedure Act, for the enforcing pay-
ment of sums due under forfeited recognizances conditioned
for the doing of some matter or thing to be done before a
Magistrate:
Cap. 255.
Provided that no fee, stamp duty or other duty shall
be chargeable or payable in respect of any such bond; and
provided that the provisions of this section shall not apply
to spirits as to which the Comptroller of Customs is satisfied
that the same are being shipped to the United Kingdom or
any part of the continent of North America.
LAWS OF ANTIGUA AND BARBUDA
Prevention of Smuggling (CAP. 340 9
15. Any vessel forfeited by virtue of any of the revenue :;i;~;~,";rd,:ale
laws may be seized as forfeited by any officer or person having
authority to board vessels, and any other property forfeited
by virtue of any of the revenue laws may be seized as forfeited
by the Comptroller of Customs or any person acting for him
or under his authority or by any police officer, and any such
vessel or other property shall be disposed of in such manner $;t:d
as the Minister may direct, or otherwise may be sold by the
Comptroller of Customs at auction to the highest bidder,
and the proceeds of the sale of the same shall be applied
in the manner hereinafter provided with reference to fines,
forfeitures and penalties.
16. Proceedings may be taken against a G - person Limitation of
prosecutions.
under this Act at any time within two years next after the
time when such person offended against or failed to comply
with the provisions of this Act.
17. On the commission of any offence against the Indemnity to
Informing revenue laws which is punishable on summary conviction, a,complices,
any one of the offending parties who first discovers and
informs against the other or others of such offending parties,
before any information has been lodged against such inform-
ing party for such offence, shall, upon conviction of the person
or persons against whom such information shall have been
given, be discharged and acquitted from all penalties to which
at the time of such information given such informing party
might have been liable for or by reason of such offence.
18. (1) The following documents shall be admitted Evidence.
before all courts as prima facie evidence of the matters therein
contained-
( a ) An original certificate, clearance, or manifest
or any certified copy thereof or other document or
writing purporting to bear the signature of the
Comptroller of Customs or any revenue officer and
relating to any matter to which the revenue laws apply;
and
(b) An original certificate, clearance or manifest
or any certified copy thereof or other document or
, writing issued by and purporting to bear the signature
of any person holding office under any Commonwealth
or Foreign Government, or the seal of any department
LAWS OF ANTIGUA AND BARBUDA
10 CAP. 340) Prevention of Smuggling
Liability of
vessel for penalty
payable by
owner or master.
of any Commonwealth or Foreign Government and
relating to any matter to which the revenue laws apply.
(2) In every case where any question arises, in any pro-
ceedings before a Magistrate or in any court of law, whether
any goods have been legally imported into Antigua and
Barbuda, or whether the duties of import or excise on the
same have been duly paid and satisfied, the burden of prov-
ing that the goods have been legally imported into Antigua
and Barbuda, and that all such duties have been duly paid
and satisfied, shall be upon the defendant or person alleging
the affirmative of those propositions or either of them.
19. In every case in which any fine, penalty or costs
are ordered by a Magistrate under the revenue laws to be
paid by the master or owner of any vessel, the vessel shall
be liable to be taken and dealt with for the satisfaction of
such fine, penalty or costs, and such vessel may be seized
and detained, and unless the amount so ordered to be paid
shall be paid within one month after such seizure, may be
sold in satisfaction of such amount, and the surplus, if any,
after the expenses of the sale shall have been defrayed, shall
be paid to the owner on application and, if no such applica-
tion is made within six months after such sale, then into the
Treasury for the use of Antigua and Barbuda:
Provided that, where the owner can prove that he is
not a party to the offence, the vessel shall not be liable under
this section.
Payment and 20. All fines and penalties recovered and the proceeds
appropriation of
penalties. of all sales of property sold as forfeited under or by virtue
of the revenue laws shall be paid into the hands of the Comp-
troller of Customs to the Credit of a Revenue Defence Fund,
which shall be appropriated as the Minister may direct.
Remission of
penalties.
21. It shall be lawful for the Cabinet to remit the
whole or any part of any fine, penalty or forfeiture incur-
red, or to suspend or forego any proceedings commenced
or about to be commenced under the revenue laws, upon
such terms, if any, as to them may seem expedient.
LAWS OF ANTIGUA AND BARBUDA
Prevention of S m u g l i n g (CAP. 340
22. N o prosecution shall be instituted under this Act Institution of
without the consent of the Comptroller of Customs o r head prosecutions.
of the department.
SCHEDULE A
ANTIGUA AND BARBUDA
Know all men by these presents that we -
of
of
and
of
are held and firmly bound to Our Sovereign Lady the Queen,
Her heirs and successors in the sum of
good and lawful money of Antigua and Barbuda
for which payment to be well and truly made we bind ourselves
and any and each of us our heirs. executors and administrators
and the heirs, executors and administrators of any and each of
us jointly and severally by these presents.
Sealed with our seals and dated this
day of in the year of Our Lord
one thousand hundred and
(Signature and seal of principal).
(Signatuw and seal off irst surety, i f any).
(Signature and seal of second surety, if any).
Whereas the above-named
shipped or exported from Antigua and Barbuda certain goods to
wit (here set out the particulars) which are intended to be landed at
the port of in
Now the condition of the above-written bond is such that if
the said shall within one month
from the date of such shipment or exportation or within such further
time as the Comptroller of Customs may allow produce to the
said Comptroller of Customs a certificate signed by the proper
officer of the Customs at the said port stating that the goods
LAWS OF ANTIGUA AND BARBUDA
12 CAP. 340) Prevention of Smugling
aforesaid have been duly landed at the said port or shall otherwise
account for the same to the satisfaction of the said Comptroller
of Customs then the above-written bond shall be void, otherwise
the same shall remain in full force and effect.
SCHEDULE B S. 12.
T H E PREVENTION O F SMUGGLING ACT
Whereas it has been made to appear to me that
desires to (import or export)
from (or to)
and that he is unable to obtain a vessel of thirty or more tons
burthen wherein to (import or export) the same.
Now I do hereby grant permission unto the said
to (import or export) the said
in the called the of
and the conditions 3f the permission are-
1st. That the vessel herein named shall proceed direct between
the port of and the port of
(without communicating with or touching at any other port or
place or communicating with any other ship or vessel) and
2nd. That at the expiration of the said voyage this permit
shall be delivered to a Customs Officer.
Given under my hand at the
this day of , 19 .
Comptroller of Customs.
