Section 25B: Clearance of goods for home consumption and
This section is inserted by Act No 10 of 2017, section 12.
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
25B. Clearance of goods for home consumption and
post control
(1) Subject to this section, the Director-General
shall, through the Customs Management System operated
by the Customs Department, clear or release goods on a
validated bill of entry on a risk management basis and on
accomplishment of the necessary customs formalities to allow
the goods to enter for home consumption, to be exported or to
be placed under another customs procedure.
172 Acts 2017
(2) Where the required documents, including
permits, authorisations or clearances from Government
agencies have been submitted, the Director-General may
clear the goods from customs control for home consumption.
(3) Where a clearance from a Government agency
has not been received by the Director-General –
(a) he may release from customs control and
hand over the goods under seal to the
relevant Government agency for onward
clearance; or
(b) where the goods cannot be put under
seal, the goods may, on submission of the
clearance from the relevant Government
agency, be cleared from customs control.
(4) (a) Every Government agency shall, for the
purpose of giving clearance, issue guidelines specifying the
procedures to be followed and the expected time for granting
such clearance.
(b) The guidelines referred to in paragraph (a)
shall be posted on the website of the relevant Government
agency and a copy thereof shall be made available for
consultation at the office of the Government agency.
(5) This section shall apply to the release and
clearance of goods to be exported or to be placed under another
customs procedure with such modifications, adaptations and
exceptions as may be necessary.
(6) Notwithstanding subsections (1) to (3), any
officer may, on reasonable suspicion, carry out an inspection,
prior to clearance or release of the goods from customs
control.
Acts 2017 173
(7) Where goods are cleared under this section, the
Director-General may carry out post-control audit, through
examination of documents or at the business premises of the
importer, within 3 years from the date of validation of the
bill of entry to ensure compliance with the customs laws.
(8) In this section –
“Government agency” means any Ministry,
Government department or statutory body
required to give clearance in respect of goods for
home consumption.
(i) in section 30 –
(i) in subsection (1), by adding the following new
paragraph, the full stop at the end of paragraph (c)
being deleted and replaced by the words “; or” and the
word “or” at the end of paragraph (b) being deleted –
(d) transit.
(ii) by adding the following new subsection –
(4) Notwithstanding subsection (1), the
Director-General may, at any time, release goods
imported in case of natural disasters or other
emergencies, urgent or unforeseen circumstances or
for national security reasons, in such manner and under
such conditions as he may determine.
(j) in section 57 –
(i) by inserting, after the word “Director-General”, the
words “, electronically or in such other manner as the
Director-General may determine,”
174 Acts 2017
(ii) by adding the following new paragraph, the full stop at
the end of paragraph (c) being deleted and replaced by
a semicolon –
(d) removed from the place of
landing.
(k) by inserting, after section 57, the following new sections –
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Questions this section answers
- Can Customs clear my goods on a risk-management basis once I have submitted the required documents?