|
Chapter One |
Verbal Process and its Procedures
|
|
Article
184: |
The smuggling crimes and customs contraventions shall be
confirmed by a verbal process in accordance with the
provisions specified in this Law.
|
|
Article
185: |
-
The verbal process should be made by at least two
customs officials or officers or from other official
bodies at the most immediate date from the discovery of
the contravention or the smuggling crime. When
necessary, the verbal process can be made by one
official.
-
The smuggled goods and the goods used to conceal the
contravention or the smuggling crime and transport means
shall be moved to the nearest customs house when possible.
|
|
Article
186: |
The following shall be recorded in the verbal process:-
-
Place, date and time of its preparation in letter and
figures.
-
The names of those who prepared it along with their
signatures, ranks and jobs.
-
The names of the violators or those responsible for the
smuggling and their descriptions, professions, detailed
addresses and their selected areas of residence whenever
possible.
-
The goods
seized together with their kinds, quantities, values, duties
and taxes liable for loss when possible.
-
Unseized
goods in as much quantity identified and detected thereof.
-
Details of events, the statements made by the violators or
those responsible for the smuggling and the statements of
witnesses if there were any.
-
The legal articles which apply to the contravention or
the smuggling crime whenever possible.
-
A statement saying that the contents of the verbal process
were read to the violators and those responsible for the
smuggling who confirmed these contents by singing the verbal
process or refused to do so.
-
All other useful events including the presence of the
contraveners and the persons responsible for the smuggling
at the time of inventory on goods or their refusal to do so.
|
|
Article
187: |
-
A- The verbal process made in accordance with Articles
185 and 186 of this Law shall be considered established
and confirmed with regard to the concrete happenings
witnessed by those who prepared it unless the contrary
is proved.
-
B- Formal incompletion of the verbal process shall not be
considered a reason for its nullification and the verbal
process may be returned to those who prepared it for
completion. However, the report shall not be returned for
completion if the deficiency was related to concrete
happenings. The verbal process made in accordance with the
previous Articles and substantiated by witnesses, events and
declarations carried out and established in other countries
shall have the same power of substantiation.
|
|
Article
188: |
-
All means of confirmation shall be used to prove and
confirm smuggling crimes. It is not necessary that this
should be based on seizing the goods inside or outside
the customs zone. Verification of smuggling crimes
related to goods for which customs declarations were
presented and were inspected and cleared without any
notice or reservation from the Department to indicate
smuggling crime shall not be prohibited.
-
All means of confirmation shall be used to prove and confirm
customs contraventions. The importer shall bear the
liability of such contraventions.
|
|
Article
189: |
A person who claims forgery must submit his claim to the
Customs Court of First Instance at the first hearing in
accordance with the judicial regulations in effect. Should
the court detect signs and evidence supporting forgery, it
shall refer the investigation to the Attorney General and
postpone its hearing until the forgery claim is settled. But
if the verbal process whose forgery has been claimed covers
more than one item, hearing concerning the rest of the items
contained in the verbal process shall not be postponed but
the court shall proceed with the hearing and a judgment
shall be issued.
|
|
Article
190: |
A combined comprehensive verbal process containing a number
of contraventions may be prepared when the value of goods
for each contravention does not exceed 5 dinars and within
the limits and instructions set out by the Director. It may
be sufficient to confiscate these goods by a decision from
the Director or his deputy, and no request for
re-consideration shall be accepted unless the owners of
these goods pay customs duties and other fees and taxes as
well as the due fines.
|
|
Chapter Two |
|
Precautionary Measures
Section One: Precautionary Seizure
|
|
Article
191: |
Those who prepare the verbal process shall have the right to
seize the goods involved in the contravention or the
smuggling crime and the means used in concealing them as
well as the transport means. They shall also have the right
to seize all the documents for the purpose of proving the
contraventions and smuggling crimes and guaranteeing the
payment of fees, duties and fines.
|
|
Section Two: Precautionary Detention
|
|
Article192: |
- Precautionary detention of persons shall
not be allowed except in the following
cases:-
-
In cases of an attested smuggling crime.
-
Upon carrying out hindrance acts which obstruct the
investigation of the smuggling crime or the like.
-
When it is feared that the persons involved may flee or
disappear to evade penalties and indemnities to which
they may be sentenced.
-
The decision of detention shall be issued by the Director or
the person whom he delegates and the general prosecution
shall be notified and the detain shall be referred to the
concerned Customs Court within 24 hours.The Director may
extend this period by a sole similar period and only subject
to the endorsement of the attorney general and in case the
investigation process required that, provided that the
detain should be referred to the Customs Court at the end of
the investigation.
|
|
Section Three: Prohibition Of Travel for Violators and
Smugglers
|
|
Article
193: |
The Director shall have the right to ask the pertinent
authorities to prevent violators and those responsible for
smuggling from leaving the country when the seized items are
not sufficient to cover the customs duties, taxes and
fines.The Director may cancel this request if the violator
or the responsible for the smuggling presented a bank
security equivalent to the sums which he may be asked to pay
after it is found that the seized property does not cover
these sums.
|
|
Chapter Three |
|
Customs Contraventions and Penalties.
Section One: General Provisions
|
|
Article
194: |
The customs fines and the confiscated goods prescribed in
this Law shall be considered as a civil compensation for the
Department and shall not be covered by the Law of General
Amnesty.
|
|
Article
195: |
When numerous contraventions are committed, fines shall be
imposed for each one. It would be sufficient, however, to
impose the heaviest fine if the contraventions were closely
connected in an inseparable manner.
|
|
Article
196: |
By the imposition of customs duties in a fixed proportion
wherever it is mentioned herein is meant to include the
other customs duties, Fees an taxes which were exposed to
loss.
|
|
Article
197: |
A customs fine not exceeding the amount of duties shall be
imposed on the following:-
-
Goods imported or exported through smuggling whose value
does not exceed 100 dinars and which are not among the
specified prohibited goods.
-
Items and objects designed for personal use and the effects
and gifts carried by the passengers whose value does not
exceed 500 dinars and which are not declared at the customs
house upon entry or exit and are not exempted from customs
duties. The seized goods may, in both cases, be returned to
their owners wholly or partly on condition that the
restrictions prescribed by the provisions in force should be
observed.
|
|
Section Two: Customs Contraventions and
their Penalties
|
|
Article
198: |
- Except for cases falling under smuggling
category covered by Article 204 of this Law,
a fine not more than half the amount of due
duties and taxes shall be imposed on the
following contraventions:
-
The unjustified shortage in cargo listed in the maritime
manifest or its substitute.
-
Inconsistent declaration in which the real value has
been confirmed to be not exceeding 10% of the declared
value or 10% of weight or number or measurement provided
that the goods shall not be of those prohibited ones.
-
Except for cases falling under smuggling category covered by
Article 204 of this Law, a fine not more than twice of
duties or half the value of goods whichever is less shall be
imposed on the following contraventions:
-
The contravening declaration which leads to benefit from
refunding duties or taxes or clearing the records of
goods under temporary entry or goods imported for
processing and export purposes the duties of which
exceed 500 JDs, without having the right to do so.
-
The unjustified increase over what has been listed in
the cargo manifest or its substitute. If the increase
contained parcels bearing the same signs and numbers
borne by other parcels, the extra parcels shall be
considered as being subject to higher fees or subject to
prohibition rules.
-
The unjustified decrease from what has been listed in
the land or air cargo manifest or its substitute whether
such decrease occurred in the number of parcels or their
contents or in the quantities of bulk goods.
-
The use of items covered by exemption or reduced tariff
for a purpose other than that for which they were
imported. The same fine shall be imposed on exchange or
sale or disposal of these items in an illegal manner and
without the Department�s approval and without submitting
the necessary papers.
-
The sale of goods accepted under pending status of
duties or for their use outside the permitted areas or
for purposes other than those for which they were
imported or when allocated for a purpose other than that
which they were meant for, or upon replacing or
disposing of them in an unlawful way before notifying
the Department and presenting the necessary documents.
-
Refunding duties and taxes whose value exceeds 500 JDs
without having the right to do so.
|
|
Article
199: |
Except for cases falling under smuggling category covered by
Article 204 of this Law a fine of no less than 50 JDs and
not more than 500 JDs shall be imposed on each of the
following contraventions:-
-
Contraventions in export declaration which would lead to
evading the restrictions of export license or retrieving
currency.
-
The contravening declaration which leads to benefit from
refunding duties or taxes or clearing the records of goods
under temporary entry or goods imported for processing and
export purposes whose duties do not exceed 500 JDs.
-
Transport of passengers or goods within the country by
vehicles acceptable under pending status of duties in
violation to the provisions of Laws and regulations.
-
Changing the route specified in the transit or re-export
declarations without the Department�s approval.
-
Removal of
lead, or buttons or erasing the customs seals off goods
dispatched by transit or re-exportation.
-
Presentation of the specified certificates necessary for the
discharge and settlement of the transit manifests or for the
temporary entry undertakings or the inward processing of
pending duties or re-exportation after the expiry of the
delay periods specified for that purpose.
-
Breaching any of the legal conditions and provisions of
transit or inward processing or temporary entry or
re-exportation contained in the customs directives and
regulations.
-
Contraventions of violating the regulations related to
public and private warehouses. This fine shall be collected
from proprietors or utilizers of said warehouses.
-
Acquisition by the concerned persons of more than one
manifest or its substitute.
-
Possession or circulation within the customs limit in an
illegal way or in a manner contravening the contents of the
transport bill of goods subject to the control of the
customs officers.
-
Ferrying by ships whose load capacity is less than 200 tones
of restricted or prohibited goods or goods subject to heavy
fees or specified prohibited goods within the sea customs
limit whether the goods were mentioned in the cargo manifest
or not. The same applies when such ships change their course
inside the sea customs limit under circumstances other then
those resulting from maritime emergency or force majeure.
-
Anchoring of ships or landing of planes or parking of other
transport means in places other than those set out for them
and which are licensed by the Department.
-
Departure of ships and planes and other transport means from
the harbor or the customs zone without a license from the
Department.
-
Anchoring of ships of any load capacity and the landing of
planes at harbors and airports other than those set out for
those purposes, either this was in normal or emergency cases
without notifying the nearest customs house of that.
-
The transfer of goods from a transport means to another or
the re-exportation of these goods without an authorized
declaration or license.
-
The loading and unloading of ships or trucks or cars and
other transport means or withdrawal or goods without a
license from the Department or in the absence of its
personnel or outside the hours set for that or in violation
of the provisions determined by the Department or unloading
the goods at places other than those set for that purpose.
-
Obstructing the Department's officials from carrying out
their duties and exercising their right of inspection,
verification and examination and failure to stop upon the
request of the Department's officials. This fine shall be
imposed on anyone who took part in such contravention.
-
Failure to keep registers and documents and similar
items during the period prescribed in Article (183) of
this Law or failure to present these registers and
documents.
-
Failure by customs clearance agents to abide by the
customs regulations which specify their duties. In
addition, professional penalties may also be applied in
this regard in accordance with the provisions of Article
( 168 ) of this Law.
-
The
verified decrease in goods at the stores after being
delivered in an apparent sound condition.
-
The goods which have escaped seizure and which it was
not possible to determine their value or quantity or
kind and this shall not hinder prosecution on charges of
smuggling.
-
Refunding
duties or taxes not exceeding 500 JDs in value without any
right to do so.
|
|
Article
200: |
Except for
cases falling under smuggling categry, a fine of 25 - 100
JDs shall be imposed on the following contraventions:-
-
Declaring, in the declaration, of information contrary
to the documents attached thereto. Such fine shall be
levied from the declarant.
-
Listing several closed parcels put together in whatever
way in the manifest or its substitute as being one
parcel. In this case, Article 60 of this Law concerning
containers, pallets and trailers shall be observed.
-
Failure to present the manifest or its substitute and
the other documents referred to in Article 43 of this
Law upon entry or exit and also the delay in presenting
the manifest or its substitute from the period
prescribed in the same Article.
-
Non
presence of a duly made cargo manifest or its substitute
or the existence of a manifest contrary to the reality
of the cargo.
-
Failure to mark the manifest by the customs authorities
at the shipment place in cases where such marking is
essential in accordance with the provisions of this Law.
-
Failure
to list what should be listed in the manifest or its
substitute.
-
Importation by mail of closed parcels or unlabelled cans
in violation of the provisions of Arab and international
postal agreements and the national legal provisions in
force.
-
The
attempt to refund duties and taxes without having the
right to do so.
-
Every
other contravention to the provisions of this Law,
regulations, decisions and directives enforcing them.
|
|
Article
201: |
A fine between 5 - 10 dinars for each day of delay shall be
imposed in cases of contraventions involving delay in
presenting the goods dispatched by transit to the exit
office or to the destined internal office after the expiry
of the periods determined in the manifests. The fine shall
not exceed half the value of the goods.
|
|
Article
202: |
A fine from 1 - 10 dinars shall be imposed for each week of
delay or any part thereof for contraventions of delay in
returning the goods entering temporarily for processing
purposes after the expiry of the period set out for them in
the declaration, with the exception of cars where the fine
shall be from 5-10 JDs. The fine shall not exceed half the
value of goods.
|
|
Chapter Four |
|
Section One: Smuggling and its Penalties
|
|
Article
203: |
Smuggling is the bringing of goods into the country or
transferring them out of it in a manner contravening the
enforced legislations and without payment of the whole or
part of the customs duties and other fees and taxes or in
violation of the rules of prohibition or the restrictions
prescribed in this Law or the other laws and regulations.
The goods referred to in Article 197 of this Law shall not
be subject to this Article.
|
|
Article
204: |
The following
shall be subject to the smuggling provisions:-
-
Failure
upon entry to go to the nearest customs house.
-
Failure to follow the appointed routes when bringing in the
goods or transferring them out of the country.
-
Unloading or loading the goods from or on board the
ships in a manner contravening the regulations
prevailing along the coasts where customs houses are not
available or loading or unloading the goods in the sea
customs limit.
-
Unloading or loading the goods from or on board the
planes in an illegal manner outside the official airport
or throwing the goods during flights. In such case,
provisions of Article 53 of this Law shall be complied
with.
-
Failure at the entry and exit office to declare the
entering or departing goods without a manifest. The
goods carried by the passengers are included but the
provisions of Article 197 of this Law should be
observed.
-
Overpassing with the goods the customs houses without
declaring thereof upon entry or departure.
-
The discovery at the customs house of undeclared goods
put in hiding places with the aim of concealing them or
put in places which are usually not designed for the
containment of such goods.
-
The increase or decrease or exchange with regard to the
number of the packages and their contents and which are
accepted under suspension of duties prescribed in Title
8 of this Law and which have been discovered following
the departure of the goods from the entry center. This
rule shall cover the goods which have come to the
country by smuggling or without customs formalities and
in such case the transporter shall assume the
responsibility therefore.
-
Failure to submit the proofs determined by the
Department for the discharge of the declarations of
goods which are accepted under suspension of duties and
which are prescribed in Title 6 of this Law.
-
The removal of goods from the free zones or the stores
or warehouses to the customs yard without the customs
formalities.
-
Presenting false manifests intended for the importation
or exportation of specified prohibited goods or
prohibited or monopoly goods or those intended for the
importation of goods by falsifying their value so as to
surpass the amounts of money determined in the enforced
rules.
-
The submission of false or forged or fictitious documents or
labeling the goods with false signs with the aim of evading
customs duties or the other fees and taxes in whole or in
part or with the aim of evading rules of prohibition and
restriction, provided that Article 198/A/2 of this Law shall
be observed.
-
The transport or possession of the specified prohibited
goods or the prohibited or monopoly goods without
submitting proofs confirming their importation in a
legal manner.
-
The transport or possession of the goods which are under the
control of customs zone's officers without presenting a
legal document.
-
The failure to re-import the goods whose exportation is
prohibited and the goods exported temporarily for whatever
purpose.
-
Unloading or loading trains in places where customs
houses are not available or loading or unloading the
goods in the customs zone in a manner contravening the
regulations.
|
|
Section Two: Penal Liability
|
|
Article
205: |
The penal
liability is stipulated by the presence of intention. The
operative penal provisions shall be observed in determining
this responsibility. The following shall be considered
liable for penalty:-
-
The
original perpetrators.
-
The
partners in the crime.
-
Mediators
and inciters.
-
The
possessors of the smuggled materials.
-
The
owners of the transport means which were used for the
smuggling as well as the drivers and their assistants.
-
The
owners or tenants of the shops and places in which the
smuggled goods were placed or those who benefit from
these shops and places.
|
|
Section Three: Sanctions
|
|
Article
206: |
The following penalties shall be imposed on the persons who
committed smuggling or what is considered to be smuggling or
the attempt to do so:-
-
A fine not less than 50 dinars and not more than 1000
dinars and on repetition a jail term between one month
and three years plus the prescribed fine or by one of
these two penalties.
-
A customs
fine as a civil indemnity for the Department as follows:-
-
Between three times to six times the value of the
specified prohibited goods. -
Between double to three times of both the value and the
duties concerning the prohibited or monopoly goods. -
Between double to four times of the duties due on goods
subject to customs duties if not prohibited or monopoly
provided that the fine shall not be less than half the
value of the goods. -
Between 25 -100 dinars for goods not subject to duties
or taxes and which are not prohibited or monopoly.
-
The confiscation of the goods involved in the smuggling or
levying the equivalent of their value including the duties
if the goods were not seized or escaped seizure.
-
Confiscation of the transportation means and the instruments
and items used in the smuggling or a fine not exceeding 50%
of the value of the smuggled goods provided that it does not
exceed the value of the transport means with the exception
of ships, planes and trains unless they were prepared or
hired for this purpose or levying the equivalent of their
value if they were not seized or escaped seizure.
|
|
Article
207: |
The Director
may decide to confiscate the seized goods if the smugglers
escaped or were not identified.
|
|
Chapter Five |
|
Section One: Administrative Prosecution
Decisions of Collection and Fines
|
|
Article
208: |
-
The Director or whomever he authorizes may issue
decisions for claiming duties, taxes and fines which the
Department collects provided that the would-be collected
sums are due fixed in amount under guaranteed
undertakings or a compromise settlement undertaking or a
final court decision. The taxable shall come to the
Department to settle the claim within 30 days from the
date of notifying him of the decision.
-
The Director shall issue a decision for levying the claimed
fees, taxes and fines if the taxable has not reported to the
Department during the period referred to in paragraph (A) of
this Article.
-
The taxable may object to the collection decisions at the
pertinent court within thirty days from the date of
notification. This, however, does not stop execution unless
25% of the claimed sums were paid as security or under a
bank guarantee.
|
|
Article
209: |
-
The fines
set out in chapter 3 of this title shall be imposed by a
decision from the Director or whomever he authorizes.
-
The contravener himself or his representative shall be
notified of the fine imposed on him by a written notice or
registered mail. The contravener must pay the fines within
30 days from the date of notification or the date of the
refusal to sign the notification.
|
|
Article
210: |
-
Fining
decisions referred to in Article 209 may be protested to
the Minister within the same period set out in the said
Article. The Minister may confirm the fining decision or
reduce or cancel it when there are justifying reasons.
-
The
Minister's decision, issued under paragraph (A) of this
Article, may be appealed before the Customs Court when the
imposed fine plus the value of the confiscated goods exceed
500 JDs. The Appeal should be submitted within 30 days from
notification of the Minister's decision, and the court may
confirm the fine or amend or cancel it.
|
|
Section Two: Legal Prosecution of
Smuggling Crimes
|
|
Article
211: |
Legal
proceedings in smuggling crimes shall not begin except upon
a written request from the Director or the official who acts
on his behalf during his absence.
|
|
Section Three: Abatement of Prosecution
Settlement by Compromise
|
|
Article
212: |
-
The Minister or the person he authorizes may reach a
compromise settlement, in respect of smuggling crimes or
the like before prosecution or during proceedings and
before issuance of the judgment of first instance, with
all parties responsible for smuggling or with some of
them for the whole crime and within the conditions
mentioned in the settlement contract.
-
The Minister upon recommendation from the Director may waive
any violation or smuggling crime or the like before or
during prosecution and before the issuance of the judgment
of First instance when there are justifiable reasons, when
the fines do not exceed 500 JDs. In all cases, justifiable
reasons can not be considered, unless related to travellers�
cases concerning their personal use.
-
The Minister
upon recommendation from the Director may waive the customs
cases relating to issues of official parties.
|
|
Article
213: |
-
The Minister or the person delegated by him,
when reaching the compromise settlement, may
substitute for penalties and customs fines
mentioned in Article 206 of this Law by the
following:-
-
Customs
fine not less than 50 % of the minimum civil
compensation.
-
Confiscating the specified prohibited goods and goods
whose importation or exportation is prohibited.
-
The compromise settlement contract may provide for
returning the seized goods, and levying customs duties
and other fess and taxes on goods whose importation or
exportation is permitted or goods whose importation is
restricted on condition that approval of the restricting
authority is secured.
-
The compromise settlement contract may provide for
returning means of transport and the materials used in
smuggling against a fine not less than 20% of the value
of smuggled goods and not exceeding 50% of the value of
the transportation means.
-
The Minister
must issue a directory for compromise settlements to be
published in the Official Gazette.
|
|
Article
214: |
The legal
case shall be dropped upon reaching the compromise
settlement.
|
|
Chapter Six |
|
Civil and Joint Liability
|
|
Article
215: |
-
The contravention in smuggling crimes is made up and the
civil liability arises with the existence of their
elements. But he who proves that he was the victim of a
force Majeure shall be absolved from responsibility as
well as the person who proved that he did not commit any
of the actions which constituted the contravention or
the smuggling crime or caused them to happen or led to
committal thereof.
-
B- In addition to the perpetrators of the contraventions and
smuggling crimes as original perpetrators, the civil
liability covers the interferes, the owners of the goods
involved in the contravention or the smuggling crime, the
partners, the financiers, guarantors, brokers,
representatives, donators, transporters, possessors,
beneficiaries and senders of the goods each according to his
responsibility in the act.
|
|
Article
216: |
The investors of the private shops and places where the
goods involved in the contravention or the smuggling crime
were placed shall be responsible for them. The investors of
public shops and places and their employees as well as the
owners of the transportation means and their drivers and
assistants shall be held responsible unless they prove their
lack of knowledge about the presence of the goods involved
in the contravention or the smuggling crime and the
nonexistence of a direct or indirect interest for them in
that act.
|
|
Article
217: |
The guarantors shall be responsible in the same way as the
original undertakers do in terms of payment of fees, duties
and fines and other due amounts within the limits of their
guarantees.
|
|
Article
218: |
Customs clearance agents shall be responsible for the
contraventions committed by them or by their employees who
have been delegated by them in the customs declarations. In
case those contraventions lead to smuggling crimes, then the
court shall have the right to decide and determine the
responsibility. They shall not be responsible for the
undertakings mentioned in the customs declaration unless
they themselves undertook them or guaranteed their
undertakers.
|
|
Article
219: |
The declarants, the employers and the transporters shall be
responsible for the actions of their employees and all those
working for them in respect of the duties and taxes which
the department levies as well as the fines and the
confiscated goods prescribed in this Law and resulting from
those actions.
|
|
Article
220: |
The
inheritors shall be responsible for the sums due on the
deceased within the limits of each share of the inheritance.
|
|
Article
221: |
The determined duties, taxes and fines or those under joint
liability shall be levied from the contraveners or those
responsible for the smuggling in accordance with the
provisions of the Law for collecting state funds. The goods
and the transportation means, when available or seized shall
serve as a guarantee for levying the due sums.
|
|
Chapter Seven |
|
Section One: Principles of Trials
|
|
Article
222: |
-
special court called " The Customs Court of First
Instance " shall be formed and consists of three judges,
one of them as a president, to be appointed by the
Judicial Council in the manner civil judges are
appointed, and in case one of them fails to assume his
job due to absence or any other legal reason, the
Minister of Justice may delegate any other judge to
perform the job.
-
The above-mentioned court may include more than one panel.
-
The court shall hold its sessions in Amman and in the place
designated by the Minister. It may hold its sessions in any
other place it deems appropriate and issues its decisions by
unanimity or majority of votes.
|
|
Article 223: |
Notwithstanding the provisions of any other Law, the Customs
Court's jurisdiction shall include the following:-
-
Dealing
with all smuggling crimes and any practically related
matters in accordance with the provisions of this Law.
-
Dealing with the crimes and violations committed against the
provisions of this Law and against the Laws and regulations
of excise, local production, import and export, Law of
investment encouragement, general sales tax Law and all the
instructions issued thereunder.
-
Dealing with disputes arising from the application of
international trade agreements to which the Kingdom is a
party and with any dispute relating to the application of
the laws and regulations mentioned in paragraph ( B ) of
this Article.
-
Dealing with
objections to levying decisions in accordance with Article
208 of this Law.
-
Dealing with objections relating to fining decisions in
accordance with Article 210 of this Law.
-
Seizing or releasing in connection with these crimes and
violations in accordance with the rules prescribed in the
Penalty Codes.
In cases when the legal action has not yet been referred to
the court, the President of the Court may ask the person
accused in accordance with this Law to provide a guarantor
to ensure his presence at the court. Otherwise this person
may be arrested until the end of the case or until he
presents the guarantee.
|
|
Article
224: |
-
Judgments passed by the Customs Court of First Instance
may be appealed to a special customs court consisting of
three civil judges, one of them as a president, to be
appointed by the Judicial Council, and in case one of
them fail to perform his duties due to absence or any
other legal reason, the Minister of Justice may delegate
another judge for the job.
-
This court
shall meet in Amman and in the place designated by the
Minister or the place it deems appropriate.
-
This court shall deal with cases referred to it in terms of
investigation and pleading and issue its decisions by
unanimity or majority of votes.
-
The period of appeal shall be thirty days from the date of
notification if the judgment has been passed by default or
from the date of the issuance if the judgment was given in
presence.
|
|
Article
225: |
Judgments
given by the court of appeal in legal and penal cases shall
be subject to cassation:-
-
If the
sum of the judgment is not less than two thousand
dinars.
-
If the dispute in the other judgments involves a
newly-created legal point or a complicated one or of general
significance and the Customs Court of Appeal gave its
permission. Request for that permission must be presented
within ten days of the date of the notification of the
Customs Court of Appeal's decision.
-
Should the Customs Court of Appeal refuse to give a
permission for cassation, the applicant has the right to
request the permission from the President of the Cassation
Court within ten days of his notification of the refusal
decision.
-
If the permission for cassation was issued by the Customs
Court of Appeal or from the President of the Cassation
Court, the cassation applicant must present the cassation
statement within ten days of his notification of the
permission decision.
|
|
Article
226: |
-
The
sentenced person may object to the judgment passed by
default within ten days of his notification.
-
The application for cassation or appeal shall be presented
to the court which issued the judgment or to the court under
whose jurisdiction the applicant's area of residence falls
so as to submit it to the pertinent court.
-
The application for cassation shall be presented to the
Cassation Court or to the Court of Appeal which issued the
judgment to refer it together with the suit's documents to
the Cassations Court. The cassation period is thirty days
from the date of the issuance of the judgment or
notification if it has been passed by default.
|
|
Section Two: Various Provisionss
|
|
Article
227: |
-
The Customs Public Prosecution shall be carried out by
one or more public prosecutors to be appointed by the
Minister from amongst the officials of the Jordan
Customs holding law degrees and who have been working in
the Department for at least five years. He shall have
the right to cross examin, plead, appeal and cassate
judgments passed by the Customs Courts.
-
Notwithstanding the provisions of any other Law, the
services of any one who occupies the position of a member of
a customs court or a prosecutor at the customs public
prosecution for two consecutive years before or after the
execution of this Law, shall be deemed complete judicial
service for the purpose of Lawyers association law and the
law of judicial independence.
|
|
Article
228:
|
Counter claim cases shall not be accepted at the Customs
Courts with regard to the customs duties and other fees and
taxes due on goods still in the possession of the Department
and under clearance.
|
|
Article
229: |
The Court of First Instance and the Customs Appeal Court
shall be entitled to summon witnesses and cross-examine them
and hear all evidence. In all their procedures, the said
courts shall observe the provisions prescribed in the
Articles of the civil and penal laws in matters which do not
conflict with the provisions of this law.
|
|
Section Three: Notifications
|
|
Article
230: |
The Jordan Customs officials and officers may prepare the
summons, notification and judgment documents and deliver
them by themselves. This in general covers all papers
relating to the trail proceeding including levying and
fining decisions.
|
|
Article
231: |
- Notification shall be carried out in
accordance with the rules specified in the
civil trial Law, taking the following two
points into account:-
-
Should the person wanted for notification change his
place of residence or the place of his job after the
date of the Customs contravention report prepared
against him without notifying the Department in writing
or give a false address, the notification shall be
carried out by fixing it to his place of residence or
the place of his latest, or known or chosen job and onto
the notice board of the pertinent customs house.
If place of residence of the person wanted for
notification is unknown and the value of the goods
involved in smuggling does not exceed 200 dinars,
notification shall be carried out by fixing it onto the
court's notice board and this shall be put down in the
contravention report. Should the value of the goods
involved in smuggling exceed 200 JDs, notification shall
be carried by fixing it onto the court's notice board
and advertising it in a daily news paper once at least.
-
Notwithstanding the provisions of any other law, Customs
Courts shall not accept any claim against the Treasury
unless the plaintiff deposited in cash or submitted a bank
guarantee which is equivalent to 25% of the required amount
including fees and fines or the amount acknowledged by him
whichever of them is higher.
|
|
Chapter Eight |
|
Execution of Judgments and Decisions of Collecting and
Fining
|
|
Article
232: |
-
Decisions of levying and fining and judgments issued in
customs cases and after being final shall be implemented
by all means of implementation on the movable and
immovable assets of the liable persons in accordance
with the law for collecting state funds. The Minister
must order the seizure of a part of these assets
sufficient to repay the due sums.
-
The Director shall exercise the powers entrusted to the
administrative governor and the committee concerned in
collecting state funds provided for in the above-mentioned
Law.
|
|
Article
233: |
-
Should the person sentenced by a cash penalty fail to
pay the due sum, he shall be jailed one day for each 2
JDs or their fractions provided that the period of
imprisonment does not exceed one year. Should the
court's decision fail to state that the cash penalty is
replaceable by imprisonment when unpaid, the replacement
shall be made by a decision from the customs general
prosecution.
-
Every partial payment made before the imprisonment or during
it and every sum that has been levied shall be deducted from
the original cash penalty by the rate specified in the
judgment as prescribed in the first paragraph of this
Article.
-
The imprisonment prescribed in this Article shall not affect
the Department's right to the fees and fines due on the
contraveners or those responsible for smuggling and to the
determined confiscations. In all cases, the decided fines
shall be considered as civil compensation for the Department
and shall be collected in the manner state funds are
collected.
|
|
Article
234: |
Decisions of
imprisonments and summoning notes issued by the pertinent
authorities may be implemented and notices may be delivered
by the Department's officials and officers.
|
|
Article
235: |
The
Department shall be exempted from all costs of
implementation and from presenting any security or guarantee
in all the cases imposed by the Law to that effect. |