United States of America and The Bahamas Preclearance Agreement Act


Published: 1978-05-24

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United States of America and The Bahamas Preclearance Agreement Act
UNITED STATES OF AMERICA AND THE BAHAMAS
PRECLEARANCE AGREEMENT

[CH.296 – 1



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

UNITED STATES OF AMERICA AND THE BAHAMAS
PRECLEARANCE AGREEMENT

CHAPTER 296

UNITED STATES OF AMERICA AND THE BAHAMAS
PRECLEARANCE AGREEMENT

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Interpretation.
3. Control of persons leaving the Bahamas for the United States.
4. Powers of search in respect of persons departing from The Bahamas for the

United States.
5. Refusal of permission to depart on precleared flights.


UNITED STATES OF AMERICA AND THE BAHAMAS
PRECLEARANCE AGREEMENT

[CH.296 – 3



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

CHAPTER 296

UNITED STATES OF AMERICA AND THE
BAHAMAS PRECLEARANCE AGREEMENT

An Act to provide for the implementation by the
Government of The Bahamas of an agreement made between
the Government of the United States of America and the
Government of The Bahamas for the establishment and
operation of preclearance facilities in The Bahamas, and for
purposes connected therewith.

[Commencement 24th May, 1978]
1. This Act may be cited as the United States of

America and The Bahamas Preclearance Agreement Act.
2. In this Act, unless the context otherwise requires —
“the Agreement” means the Agreement on Preclear-

ance signed on the twenty-third day of April,
1974, between the Government of the United
States and the Government of The Bahamas
concerning the establishment and operation of
preclearance facilities in The Bahamas;

“officer of the United States” means an officer of a
United States Inspectional Agency, being a
person not ordinarily resident in The Bahamas
but present therein for the purposes of the
Agreement;

“precleared flight” means flight by means of an
aircraft eligible for preclearance under the
Agreement;

“United States” means the United States of America.
3. (1) Any person departing from The Bahamas for

entry into the United States on a precleared flight shall
declare to an officer of the United States any thing
contained in his baggage or carried with him.

(2) Any person departing from The Bahamas for
entry into the United States on a precleared flight shall
answer such questions as an officer of the United States
may put to him with respect to his baggage and any thing


7 of 1978
10 of 1988
2 of 1999

Short title.

Interpretation.

Control of
persons leaving
The Bahamas for
the United
States.
6 of 1992, s. 2.

CH.296 – 4] UNITED STATES OF AMERICA AND THE BAHAMAS
PRECLEARANCE AGREEMENT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

contained therein or carried with him and shall, if required
by any such officer, produce that baggage and any such
thing for examination.

(3) Any person who —
(a) makes any declaration which is false or incorrect

in any material particular;
(b) fails to declare any thing as required by this

section;
(c) when required by this section to answer any

question lawfully put to him by an officer of the
United States, refuses to answer such question or
makes any false or incorrect statement in reply
thereto;

(d) fails to produce any baggage or thing for
examination as required by this section,

commits an offence, which shall be prosecuted summarily,
and if found guilty thereof, such person shall be liable to a
fine of two thousand dollars or to imprisonment for a term
of two years or to both and —
(i) any baggage or thing (other than any currency)

in relation to which the offence is committed,
shall be liable to forfeiture;

(ii) all currency the subject matter of the false
statement or declaration to which the offence
relates shall be forfeited.

(4) In this section “currency” means the currency of
The Bahamas or of any foreign country and includes any
traveller’s cheque, draft or other document of a kind
intended to enable the person to whom such is issued to
obtain currency of The Bahamas or of any foreign country
from some other person on the credit of the person issuing
it.

4. (1) Where there are reasonable grounds to
suspect that any person departing from The Bahamas for
entry into the United States on a precleared flight is carrying
any article which he has acquired outside the United States
and which he has not declared to an officer of the United
States, any peace officer or any person acting under the
directions of any such peace officer may search him or any
article with him:

6 of 1992, s. 2.

10 of 1988, s. 2.

10 of 1988, s. 2.

10 of 1988, s. 2.

10 of 1988, s. 2.

Powers of search
in respect of
persons
departing from
The Bahamas for
the United
States.

UNITED STATES OF AMERICA AND THE BAHAMAS
PRECLEARANCE AGREEMENT

[CH.296 – 5



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

Provided that —
(i) no female shall be searched except by a female;
(ii) the person to be searched may require to be

taken before a justice of the peace or a superior
of the peace officer, who shall consider the
grounds for suspicion and direct accordingly
whether or not the search is to take place.

(2) Where, on the search of any person under this
section any article is found in his possession whether upon
his person or in his baggage, in relation to which an
offence under this Act has been committed, the article shall
be liable to forfeiture.

5. (1) An officer of the United States may, in his
discretion, refuse to allow any person who contravenes any
of the provisions of this Act to depart from The Bahamas
for entry into the United States on a precleared flight.

(2) Any person who boards a precleared flight after
permission to do so has been refused by an officer of the
United States commits an offence and shall, on summary
conviction therefor, be liable to a fine of five hundred
dollars or to imprisonment for a term of six months or to
both.



Refusal of
permission to
depart on
precleared
flights.