Customs Order, 2006 · As enacted · Part IV · Importation and Exportation
Section 38
Official textFrom Attorney General's Chambers, unchanged
The proper officer of customs may refuse to grant clearance to any vessel until-
officer of customs
"officer of customs" means- (a) the Controller; (b) any Deputy Controller, Assistant Controller, Senior Superintendent, Superintendent, Deputy Superintendent or Assistant Superintendent of Customs and Excise appointed under section 3; and (c) the persons authorised by section 5 to exercise the powers of senior officers of customs or of officers of customs and any person appointed by His Majesty the Sultan and Yang Di-Pertuan to act as an officer of customs;
{a} section 36 has been complied with;
(b} section 55 concerning local craft has been complied with; and
local craft
"local craft" means any junk, tongkang, perahu, kumpit or other similar type of vessel, and any steam or motor vessel under 15 nett registered tons, and includes any type of motor vessel whether fitted with an inboard engine or an outboard motor;
{c}
all charges and penalties due by such vessel or by the owner or master thereof and all duties payable in respect of any goods shipped therein have been duly paid, or their payment secured by such guarantee or by deposit at such rate as the proper officer of customs directs; or the agent, if any, of the vessel shall have delivered to the proper officer of customs a declaration in writing to the effect that he shall be liable for all such charges and penalties, and shall have furnished security for the discharge of the same if so required.
vessel
"vessel" includes any ship or boat or any other description of vessel used in navigation;
Vessels exempted from requiring clearance.
Terms defined in s 2
goods
Defined · s 2"goods" includes animals, birds, fish, plants and all kinds of movable property;
local craft
Defined · s 2"local craft" means any junk, tongkang, perahu, kumpit or other similar type of vessel, and any steam or motor vessel under 15 nett registered tons, and includes any type of motor vessel whether fitted with an inboard engine or an outboard motor;
master
Defined · s 2"master" means any person, except a pilot or harbour master, having for the time being control or charge of a vessel;
officer of customs
Defined · s 2"officer of customs" means- (a) the Controller; (b) any Deputy Controller, Assistant Controller, Senior Superintendent, Superintendent, Deputy Superintendent or Assistant Superintendent of Customs and Excise appointed under section 3; and (c) the persons authorised by section 5 to exercise the powers of senior officers of customs or of officers of customs and any person appointed by His Majesty the Sultan and Yang Di-Pertuan to act as an officer of customs;
vessel
Defined · s 2"vessel" includes any ship or boat or any other description of vessel used in navigation;
Part VI
General Provisions Affecting Vessels in Territorial Waters
Part VII
Manifests
Part VIII
Warehousing
Part IX
Part C
Part X
Drawback
Part XI