- ARRANGEMENT OF SECTIONS
- PART I
- PART II
- PART III
- PART IV
- PART V
- PART VI
- PART VII
- PART VIII
- PART IX
- PART X
- PART XI
- PART XII
- PART XIII
- PART XIV
- PART XV
NEGARA BRUNEI DARUSSALAM
TAMBAHAN KEPADA
BAHAGIAN 11
Disiarkan dengan Kebenaran
SUPPLEMENT TO
GOVERNMENT GAZETTE
PART 11
Published by Authority
CONTENT
Notification
Subject Page
Number
S 39 Constitution of Brunei Darussalam -Customs
Order, 2006 ... ... ... . .. ... ... ... ... ...
... ... ... ... ... .. .
The following Notification is published for general information by Command of His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam.
No. S 39
CONSTITUTION OF BRUNEI DARUSSALAM (Order under Article 83(3))
CUSTOMS ORDER, 2006
ARRANGEMENT OF SECTIONS
Section
PART I PRELIMINARY PART 11 APPOINTMENT AND POWERS OF OFFICERS PART III LEVYING OF CUSTOMS DUTIES PART IV IMPORTATION AND EXPORTATION PART V
CLEARANCE PART VI
GENERAL PROVISIONS AFFECTING VESSELS IN TERRITORIAL WATERS PART VII MANIFESTS PART VIII WAREHOUSING PART IX DECLARATION OF GOODS Part A Dutiable Goods Part B Non-Dutiable Goods Part C General Provisions 59 1 BRUNEI DARUSSALAM GOVERNMENT GAZETTE PART X DRAWBACK PART XI MISCELLANEOUS PART XII SEARCH, SEIZURE AND ARREST PART XIII PROVISIONS AS TO TRIAL AND PROCEEDINGS PART XV GENERAL \'51A. AM i
SCtt£()UlE
CONSTITUTION OF BRUNEI DARUSSALAM (Order under Article 83(3))
CUSTOMS ORDER, 2006
In exercise of the power conferred by Clause (3) of Article 83 of the Constitution of Brunei Darussalam, His Majesty the Sultan and Yang Di-Pertuan hereby makes the following Order
PART I PRELIMINARY
Citation and long title.
1. (1) This Order may be cited as the Customs Order, 2006.
(2) The long title of this Order is "An Order relating to customs and for matters connected therewith or incidental thereto" .
Interpretation.
2. (1) In this Order, unless the context otherwise requires
"agent", in relation to a vessel, includes a chinchew and a comprador;
"aircraft" includes any kind of craft which may be used for the conveyance of passengers or goods by air;
"authentication code" means any identification or identifying code, password or any other authentication method or procedure which has been assigned to a registered user of the computer service referred to in section 103 for the purposes of identifying and authenticating the access to and use of the computer service by the registered user;
"Controller" means the Controller of Customs and Excise appointed under subsection (1) of section 3, and includes the Deputy Controller of Customs and Excise;
"country" includes a territory;
"customs airport" means any place which has been prescribed as a customs airport;
"customs duty" means any import duty, export duty, surtax, surcharge or cess imposed by or under this Order;
"customs port" means any port within the meaning of the Ports Act (Chapter 144) prescribed to be a customs port;
"customs transit operations" means the transport of goods from the office of departure to the office of destination under customs transit;
"customs warehouse" means a warehouse or other place established by the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, under section 59 for the deposit of dutiable goods;
"database report" means any automatic log, journal or other report which is automatically generated by the computer service referred to in section 103 for the purposes of recording the details of a transaction relating to an electronic notice, including the authentication code, date and time of receipt, storage location and any alteration or deletion relating to the notice;
"denatured" means effectually rendered unfit for human consumption to the satisfaction of the Controller;
IIdutiable goods" means all goods subject to the payment of customs duty and on which such duty has not yet been paid;
"duty-free shop" means any place licensed for the warehousing and sale of dutiable goods free of duty under section 63;
"electronic notice" has the meaning assigned to it in subsection (1) of section 103;
"export" means to take or cause to be taken out of Brunei Darussalam by land, sea or air or to place any goods in a vessel, conveyance or aircraft for the purpose of such goods being taken out of Brunei Darussalam by land, sea or air:
Provided that goods bona fide in transit, including goods which have been transhipped, shall not, for the purpose of levy of customs duties, be deemed to be exported unless they are or become uncustomed goods;
"exporterll includes any person by whom any goods, including goods transferred from an importing aircraft or ship, are exported from Brunei Darussalam or supplied for use as aircraft's or ship's stores, and also the owner, or any person acting on his behalf, and any person who for customs purposes signs any document relating to goods
exported or intended for exportation or supplied or intended for supply as aircraft's or ship's stores;
"free trade zone" means any area in Brunei Darussalam which has been declared to be a free trade zone under any written law in force in Brunei Darussalam;
"goods" includes animals, birds, fish, plants and all kinds of movable property;
"hover", in the case of a vessel in territorial waters, means to linger without apparent lawful purpose, whether such vessel be moving or not moving;
"import" means to bring or cause to be brought into Brunei Darussalam by land, sea or air:
Provided that goods bona fide in transit, including goods for transhipment, shall not, for the purpose of levy of customs duties, be deemed to be imported unless they are or become uncustomed goods;
"importer" means any person by or for whom goods are imported; and includes the consignee of goods and any person who is or becomes the owner of, or entitled to the possession of, or beneficially interested in any goods on or at any time after importation thereof and before such goods have ceased to be subject to customs control;
"inland clearance depot" means a common user inland facility equipped with fixed installations and offering services for handling and temporary storage of any kind of goods carried by land and placed under customs control under section 64;
"inland customs station" means a place prescribed for the collection of duties under paragraph fq} of subsection (2) of section 152 and, in relation to any prescribed route under paragraph fd} of subsection (2) of section 152, means a place so prescribed for such route;
"in transit" means taken or sent from any country and brought into Brunei Darussalam by land, sea or air, whether or not landed or transhipped in Brunei Darussalam, for the sole purpose of being carried to another country either by the same or another conveyance;
lIlegal landing place" means any place for the landing and shipping of goods within the limits of a port defined under the Ports Act (Chapter 144) and any other place which has been prescribed as a legal place for the landing and shipping of goods;
"licensed warehouse" means a warehouse or other place licensed for the warehousing of dutiable goods under section 60;
WARTA KERAJAAN
121. Presumptions of possession of dutiable, prohibited or uncustomed goods. 122. Proportional examination or testing of goods seized to be accepted by courts. 123. Evidence of analysis may be given in writing. 124. Proof as to registration or licensing of vessels in Brunei Darussalam. 125. Proof as to tonnage or build of craft. 126. Imprisonment in default etc. 127. Manner of seizure not to be enquired into on trial or on appeal. 128. Protection of informers from discovery. 129. Confidentiality of information. 130. Goods liable to seizure liable to forfeiture. 131. Court to order disposal of goods seized. 132. Goods seized in respect of which there is no prosecution forfeited if not claimed within one month. 133. Goods or amount forfeited may be delivered or refunded to owner or other person. 134. Seized documents subject to court order and proceedings. 135. Conviction under other law. 136. Compounding of offences. 137. No costs or damages arising from seizure to be recoverable unless seizure without reasonable or probable cause. PART XIV OFFENCES AND PENALTIES 138. Penalty on making incorrect declarations and on falsifying documents. 139. Penalty on refusing to answer questions or on giving false information or false document.
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