Excise Order, 2006 · As enacted · Part XIII
101. (1)
Official textFrom Attorney General's Chambers, unchanged
For the purposes of section 100, the business records to be kept shall be those records generated by, or that otherwise come within the possession or control of, the importer that are necessary to verify -
importer
"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 excise control;
any entry required to be made under this Order;
the importation of any goods;
goods
"goods" includes animals, birds, fish, plants and all kinds of movable property;
{c) the custody or movement of any goods subject to excise control; or
the manufacture of any goods subject to excise duty.
Without limiting the generality of subsection ( 1) and subject to subsections (3) and (4), the following records are required to be kept-
{a) shipping, importation and transportation documentation, including the following
all entries required to be made under this Order;
entry documentation, including any declaration, certificate, permit, licence etc.;
vouchers;
bills of lading, waybills, airway bills and consolidator waybills;
shipping instructions and freight forwarders, instructions;
consignment notes;
import charges, accounting details, including agents' fees, excise charges, wharf charges and other fees and charges;
packing lists;
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manifests;
out-turn records; and
goods' tally records;
(bJ ordering and purchase documentation, including the following-
orders and confirmation of orders;
purchase agreements;
products specifications;
contracts and conditions of purchase;
royalty agreements, pricing agreements, negotiations on pricing arrangements, and warranty agreements;
invoices and pro forma invoices;
commissions and brokerage agreements and details; and
correspondence and any communication between the importer and any party related to the transaction;
(cJ manufacturing, stock and resale documentation, including the following-
inwards goods register;
stock register;
sales records;
receipts' journal;
costing records; and
production records;
(dJ banking and accounting information, including the following-
letters of credit, applications for letter of credit and bank drafts;
remittance advice;
!iii)
receipts and cashbooks;
credit card transactions;
telegraphic money transfers;
offshore monetary transactions;
cheque records; and
evidence of payments by any other means, including information detailing non-cash compensation transactions;
{e)
charts and codes of accounts, accounting instruction manuals and system and programme documentation that describes the accounting system used by the importer or agent thereof;
papers, books, registers, discs, films, tapes, sound tracks and other devices or things in or on which information contained in the records described in paragraphs (a) to {e) are recorded or stored.
Notwithstanding subsection (2) but subject to subsection (1), the licensee of an excise controlled area licensed for the purposes described in section 59, or under any other written law, shall keep or cause to be kept the records specified in paragraphs {a), (b), {c) and (f) of subsection (2), but shall not be required to keep any of the other records specified in that subsection.
Audit or examination of business records.
Terms defined in s 2
goods
Defined · s 2"goods" includes animals, birds, fish, plants and all kinds of movable property;
import
Defined · s 2"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 excise duties, be deemed to be imported unless they are or become unexcisable goods;
importer
Defined · s 2"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 excise control;
Part XIV
Search, Seizure and Arrest
Part XV
Provisions as to Trial and Proceedings
Part XVI
Offences and Penalties
Part XVII