Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697636603027.pdf (Belize)
Customs Regulation BELIZE: CUSTOMS REGULATION (AMENDMENT) ACT, 2019 ARRANGEMENT OF SECTIONS 1.

2.

3.

4.

5.

6.

7.

8.

Short title.

Amendment of section 2.

Repeal and replacement of section 12.

Insertion of new sections 12A, 12B, 12C, 12D and 12E.

Repeal and replacement of section 13.

Insertion of section 107A.

Amendment of section 134.

Insertion of new Schedules.

No.

21] Customs Regulation 247 No.

21 of 2019 I assent, (SIR COLVILLE N. YOUNG) Governor-General 12th December, 2019.
AN ACT to amend the Customs Regulation Act, Chapter 49 of the Substantive Laws of Belize, Revised Edition 2011; to facilitate the provision of advance information relating to passengers and cargo of a conveyance; to share the information with other States with a view to identifying the passengers and cargo that may pose risks to security while facilitating Trade through Electronic Data Interchange; and to provide for matters connected therewith or incidental thereto.

(Gazetted 14th December, 2019).


BE IT ENACTED, by and with the advice and consent of the House of Representatives and Senate of Belize and by the authority of the same as follows 1.

This Act may be cited as the Short title.

CUSTOMS REGULATION (AMENDMENT) ACT, 2019, 248 Customs Regulation [No.

21 CAP.

49.

Act 6 of 2016.

23 of 2013 A m e n d m e n t of section 2. and shall be read and construed as one with the Customs Regulation Act, which as amended, is hereinafter referred to as the principal Act.
2.
Section 2 of the principal Act is amended by– (a) deleting the term and corresponding definition of “goods” and substituting the following– ““goods” means any tangible property, including personal property, livestock, conveyances, stores, baggage, documents (whether in physical or electronic form), currency, negotiable instruments, mail and packets imported by post, prohibited or restricted goods, and other articles to which the provisions of any customs law may be applicable;”; and (b) inserting the following terms and corresponding definitions in their proper alphabetical order– ““ACI hit” means a cargo manifest, air waybill and bill of lading or any documentation that has been flagged by the ACIS; “Advance Cargo Information (ACI)” means cargo manifest, air waybill and bill of lading information or data set out in the Sixth Schedule in respect of– (i) the cargo and stores, including all imports, exports, in-transit S i x t h Schedule.
No.
21] Customs Regulation 249 and transhipment of goods on board a conveyance; or (ii) any package of which there is no bill of lading or airway bill on board a conveyance; “Advance Cargo Information System (ACIS)” means the electronic manifest single window for ACI data interchange; “agent” means a person authorised in writing to carry out a duty or requirement under this Act on behalf of another person under this Act; “aircraft” includes an aeroplane or a helicopter or other means of airborne navigation used for the carriage or transportation of persons or cargo across international borders; “cargo” includes– (a) (b) goods, other than mail or stores; and crew member’s effects and p a s s e n g e r ’ s a c c o m p a n i e d baggage carried on board a conveyance; “cargo manifest” means a list of cargo being transported or warehoused; “cargo reporter” means a Freight Forwarder, Non-Vessel Operating 250 Customs Regulation [No.
21 Common Carrier (NVOCC) or a terminal operator or any such person; “CARICOM” means the Caribbean Community including the Single Market and Economy; “Comptroller” means the Comptroller of Customs and Excise appointed by the Public Service Commission or any person acting on his behalf; “conveyance” means an aircraft, vessel or road vehicle; “crew member” includes any person, other than a master employed in any capacity on board a conveyance; “ d o c u m e n t a t i o n ” m e a n s a n y document, whether in physical or electronic form, used by an importer or exporter for the shipment of goods, including, but not limited to purchase order, shipper’s letter of instruction, commercial invoice letter of credit or certificate of origin; “IMPACS” means the Implementing Agency for Crime and Security CARICOM Implementing Agency for Crime and Security; “long haul” means a flight with a duration of eight hours or more; No.
21] Customs Regulation 251 “master”, in relation to a conveyance, includes any person having command of the conveyance; “Minister” means the minister responsible for finance; “passenger” means any person, other than a crew member, travelling or seeking to travel on a conveyance; “Proper Officer” means a customs officer or a person authorized by the Comptroller to discharge any duty related to an assigned matter; “regional space” means the collective territories of the Parties to the ACIS which comprise the Caribbean Community (CARICOM); “short haul” means a flight with a duration of less than eight hours; “vessel” means any ship, boat, yacht or other floating or submersible transportation used for the carriage or transportation of persons or cargo; “Watch list” is a list that is used to watch or track the current activity or movements of conveyances and suspicious or prohibited cargo, including persons and cargo of interest to the community.”; and (c) deleting the words “Commissioner of Lands and Surveys” wherever they occur, and substituting the words “Commissioner of Land Tax”.
252 Repeal and replacement of section 12.

Customs Regulation [No.

21 3.

Section 12 of the principal Act is repealed and replaced with the following– “Duty to provide information.

Sixth Schedule.

S e v e n t h Schedule.

Sixth Schedule.

S e v e n t h Schedule.

Eight Schedule.

S i x t h Schedule.


12.– (1) The master or agent of the master of every conveyance, whether laden or in ballast, and every cargo reporter shall, prior to arrival of the conveyance in Belize, provide to the Proper Officer through the ACIS the passenger and cargo information set out in the Sixth and Seventh Schedules within the time specified in the Eight Schedule.
(2) The master or agent of the master of a conveyance and every cargo reporter shall, prior to departure of the conveyance from Belize provide to the Proper Officer through the ACIS, the passenger and cargo information set out in the Sixth and Seventh Schedules within the time specified in the Eight Schedule.

(3) The Minister may by Order, amend the Sixth Schedule.

(4) An Order made pursuant to sub- section (3) is subject to negative resolution.”.

Insertions of new sections 12A, 12B, 12C, 12D and 12E.
4.

The principal Act is amended by inserting next after section 12, the following new sections – “Waiver.

Eight Schedule.

12A.–(1) The Comptroller may waive the requirements under the Eight Schedule if– No.

21] Customs Regulation 253 S i x t h Schedule.

Eight Schedule.

Sixth Schedule.

Eight Schedule.

Eight Schedule.


(a) (b) the distance between Belize and a port of departure of a conveyance does not permit the m a s t e r t h e information in the Sixth Schedule within the time specified in the Eight Schedule; or t o p r o v i d e the master provides sufficient reasons to the satisfaction of the Comptroller for the inability to provide the information in the Sixth Schedule within the time specified in the Eight Schedule.
(2) The Comptroller shall establish alternative notification arrangements if the requirements under the Eight Schedule are waived in accordance with this section.
(3) The Minister, in consultation with the minister responsible for defence or national security, may waive the requirement for a master to provide A C I u n d e r s e c t i o n 1 2 i n s u c h circumstances and subject to such conditions as the Minister may prescribe, if the conveyance is– (a) a military or law enforcement conveyance; or (b) on official state business.

Technical Stop.
Technical Stop.

12B.–(1) The master of a conveyance that makes a technical stop shall not be required to provide ACI under section 254 Customs Regulation [No.

21 12 if the arrival is compelled by any emergency, accident, unfavorable weather conditions, or other necessity.
(2) The master of a conveyance that makes a technical stop under subsection (1) shall– (a) (b) (c) immediately report to the Comptroller; only permit the cargo to be off loaded from the conveyance if c o n s e n t i s g i v e n b y t h e Comptroller; and comply with any directions given by the Comptroller in respect of a n y c a r g o o n b o a r d t h e conveyance.

ACI Verification.

12C.–(1) The Proper Officer may verify ACI during physical inspection at any port.
(2) The master shall apply to the Proper Officer to amend the ACI if any discrepancy is found and the Proper O f f i c e r s h a l l u p d a t e t h e A C I S accordingly.

Use and sharing of ACI.

12D.–(1) The Comptroller of Customs may share the information contained within the ACIS with entities approved by the Minister or the Comptroller.

(2) IMPACS shall use the cargo and passenger information to conduct No.
21] Customs Regulation 255 screening against databases and Watch lists of cargo, crew members and passengers on conveyances that enter into, depart from and move within the regional space.

(3) ACI shall only be used for the purposes of this Act.

Retention of data.

S.I.

46 of 2017.

12E.-(1) Advanced Cargo Information collected under this Act shall be retained by the ACIS for a period not less than seven years from the date of collection of the information.
(2) Advanced passenger information collected under this Act shall be retained in accordance with the provisions of the Immigration (Advanced Passenger Information) Regulations, 2017.”.

5.

Section 13 of the principal Act is repealed and replaced with following– Repeal and replacement of section 13.

“Requirement to answer questions.


13.–(1) The master or agent of the master, crew member, or passenger on a conveyance shall– (a) answer any question put by the Proper Officer, relating to the conveyance and any passengers or goods that are, or have been carried in or on the conveyance; and (b) at the request of the Proper Officer, produce any documents within that person’s possession 256 Customs Regulation [No.

21 or control relating to any of those matters.


(2) A master, or agent of the master, crew member or passenger commits an offence and is liable on summary conviction to a fine of five thousand dollars or to imprisonment for six months or to both such fine and imprisonment if that person – (a) refuses to answer any question put by the Proper Officer under sub-section (1)(a) or knowingly gives a false answer to any question; or (b) fails to comply with any request made under sub-section (1)(b).”.
Insertion of new section 107A.

6.

The principal Act is amended by inserting next after section 107 the following new section– “ O f f e n c e s relating to requirement for ACI.
107A.–(1) A master commits an offence if the master– (a) (b) f a i l s t o p r o v i d e A C I i n accordance with section 12; fails to comply with the a l t e r n a t i v e n o t i f i c a t i o n arrangements established by the Comptroller under section 12A; or (c) k n o w i n g l y o r r e c k l e s s l y provides incomplete or false ACI; or No.

21] Customs Regulation 257 (d) transmits ACI in an incorrect format.
(2) A master who commits an offence under this section is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for one year or to both such fine and imprisonment.”.

A m e n d m e n t of section 134.

7.


Section 134 (2) of the principal Act is amended by– (a) (b) (c) deleting the word “and” at the end of paragraph (a); deleting the comma at the end of paragraph (b) and substituting “;and”; and inserting next after paragraph (b) the following new paragraph– “(c) procedures for the reporting and processing of advance passenger and cargo information,”.

8.
8.

The principal Act is amended by inserting next after the Fifth Schedule the following Schedules– Insertion of n e w Schedules.

“SIXTH SCHEDULE (sections 2, 12 and 12A) ADVANCE CARGO INFORMATION ELECTRONIC MANIFEST MANAGEMENT ASYCUDA 258 Customs Regulation [No.
21 Part I AIRCARGO DATA MESSAGES Cargo Manifest: To be submitted by airlines Master Air Waybill: To be submitted by airlines House Air Waybill: To be submitted by freight forwarder Response Message: To be submitted by the filing party MARITIME CARGO DATA MESSAGES Cargo Manisfest : To be submitted by Master/Agent Master Waybill : To be submitted by Master/Agent House Waybill : To be submitted by Freight Forwarder/Representative Response Message : To be handled by the filing party LAND CARGO DATA MESSAGES Cargo Manifest : To be submitted by Owner/Agent Master Waybill : No.
21] Customs Regulation 259 260 Customs Regulation [No.

21 Part II ELECTRONIC MANIFEST MANAGEMENT ASYCUDA CARGO MANIFEST DATA FIELDS No.

21] Customs Regulation 261 262 Customs Regulation [No.

21 No.

21] Customs Regulation 263 264 Customs Regulation [No.

21 No.

21] Customs Regulation 265 266 Customs Regulation [No.
21 SEVENTH SCHEDULE (section 12) ADVANCE PASSENGER INFORMATION (a) Data relating to the Conveyance (Header Data): Flight Identification • (IATA/ICAO Airline code and flight number) Vessel Identification (IMO or Registration Number) Road and Rail (Chassis Number and Registration Number) Country of Registration (Country where conveyance is registered) Agent/Owner(Where applicable) (Name of Agent for the conveyance or where no Agent, Name of owner) Call Sign (If applicable) Schedule Departure Date (Date of Scheduled departure of conveyance based on local time of departure location) Scheduled Departure Time (Time of scheduled departure of conveyance based on local time of arrival location) Scheduled Arrival Date No.
21] Customs Regulation 267 (Date of scheduled arrival of conveyance based on local time of arrival location) Scheduled Arrival Time (Time of scheduled arrival of conveyance based on local time of arrival location) Last Place/Port of Call of Conveyance (Vessel departed from this last foreign place/port of call to go to “place/port of vessel initial arrival”) Place/Port of Conveyance Initial Arrival (Place or Port in the country of destination where the vessel arrives from the “last place or Port of call of Conveyance) Subsequent Place/Port of Call within the country/regional space Number of Passengers on board (Total number of passengers on board) Number of crew on board (b) Data relating to each individual on board: Official Travel Document Number (Passport, or other Government approved travel documents) Issuing State or Organization of the Official Travel Document (Name State or Organization responsible for the issuance of the official document) Official Travel Document Type (Indicator to identify type of official travel document) Expiration Date of Official Travel Document (Expiration date of the official travel document) Surname/Given Name(s) 268 Customs Regulation [No.
21 (Family name and given name(s) of the holder as it appears on the travel document) Nationality (Nationality of the holder of the travel document) Date of Birth (Date of birth of the holder) Gender (Gender of the holder) Place of Birth (Please give City and Country of birth) Traveller’s Status (Passenger, crew, in-transit) Place/Port of Original Embarkation (Place/Port on that journey where traveller first boarded for foreign travel) Port/Place of Clearance (Place/Port where the traveller is cleared by the border control agencies) Place/Port of Onward Foreign Destination (Foreign place/port where the traveller is transiting) Passenger Name Record (PNR) Data (As available in the traveller’s Passenger Name Record in the carrier’s Reservation System including all historical changes to the PNR listed) Must include: (1) (2) (3) (4) PNR record locator Date of reservation/issue of ticket Date(s) of intended travel Name(s) No.
21] Customs Regulation 269 Address and contact information (telephone number, e-mail (5) address) (6) (7) (8) (9) All forms of payment information, including billing address Complete travel itinerary for specific PNR Frequent flyer information Travel agency/Travel agent Travel status of passenger, including confirmations, check-in (10) status, no show or go show information (11) Split/divided PNR information (12) General remarks (including all available information on unaccompanied minors under 18 years, such as name and gender of the minor, language(s) spoken, name and contact details of guardian on departure and relationship to the minor, name and contact details of guardian on arrival and relationship to the minor, departure and arrival agent) (13) Ticketing field information, including ticket number, date of ticket issuance and one way tickets, Automated Ticket Fare Quote fields (14) Seat number and other seat information (15) Code share information (16) All baggage information (17) Number and other names of travellers on PNR (18) Any Advance Passenger Information (API) data collected (19) All historical changes to the PNR listed in numbers 1 to 18 270 Customs Regulation [No.
21 (c) Additional Data Elements Visa Number (if applicable) Issue Date of Visa (Place where Visa issued) Place of Issuance of the Visa (Place where Visa was issued) Other Document Number used for Travel (if applicable) (The other document number used for travel when the official travel document is not required) Type of Other Document used for Travel (supporting travel document) (Indicator to identify type of other document used for travel) Primary Residence Country of Primary Residence (Country where Passenger resides most of the year) Address (location identification such as: street name and number) City State/Province/County Postal Code - - - - - Destination Address - Address where Passenger will be staying in territory of Disembarkation No.
21] Customs Regulation 271 - - - City State/Province/County Postal Code (d) - - - - Data relating to the Reporting Party Reporting Party Name Reporting Party Telephone Number Reporting Party Facsimile Number Reporting Party Electronic Mail Address 272 Customs Regulation [No.

21 EIGHT SCHEDULE (sections 12 & 12A) 1.

The information set out in Part 1 of the Sixth Schedule must be submitted in accordance with internationally accepted messaging standards for air, sea and land cargo.
The information set out in Part 2 of the Sixth Schedule shall be provided at 2. the latest: i.

For incoming cargo (i.e.

import) by aircraft 1.

2.

3. in the case of short haul, at time of “Wheels Up” of aircraft in the case of long haul, 4 hours prior to arrival at the first port in the country of destination.

For outgoing cargo (short and long haul)), at the time of departure (Wheels Up”) of the aircraft.
Pre–loading data submission for air cargo security (i) The data should be submitted as soon as the information becomes available but no later than prior to loading onto the aircraft.

ii.

For incoming cargo (i.e.

import ) by vessel I. II.

Containerized cargo: 24 hours prior to loading at port of departure; Bulk/Break bulk: 24 hours before arrival at first port in the country of destination.

iii.

For outgoing cargo (i.e.

export) by vessel; III.


Containerized cargo: 24 hours prior loading at port of departure; IV.

Bulk/Break bulk: 24 hours prior arrival at first port in the country of destination.

No.

21] Customs Regulation 273 iv.

For incoming cargo (i.e.

imported) by Road: I.

1 hour prior to arrival at the first port in the country of destination.

v. For outgoing cargo (i.e.

exported) by Road: II.

1 hour prior to departure to the first port in the country of destination.
The information set out in the Sixth and Seventh Schedule shall be provided: (a) (b) (c) (d) (e) in the case of commercial or private aircraft, not later than 40 minutes prior to departure from their last port of call; in the case of a vessel arriving from a member state of the Caribbean Community, not later than one hour prior to its arrival from that member state; and in the case of a vessel or road vehicle arriving from a country which is not a member state of the Caribbean Community, at least 24 hours prior to its arrival.
in the case of commercial or private aircraft, not later than 40 minutes prior to departure from Belize; and in the case of a vessel or road vehicle, not later than one hour prior to its departure from Belize”.

Printed in Belize by the Government Printer