GCA Title 5, Chapter 73
5 GCA GOVERNMENT OPERATIONS CH. 73 CUSTOMS AND QUARANTINE AGENCY
CHAPTER 73 CUSTOMS AND QUARANTINE AGENCY
2024 NOTE: Pursuant to 5 GCA § 1510, I Maga’hågan/Maga’låhen Guåhan means the ‘Governor of Guam’ and I Maga’håga/Maga’låhi means the ‘Governor.’ Pursuant to 2 GCA § 1101, I Liheslaturan Guåhan means the ‘Guam Legislature’ and I Liheslatura means the ‘Legislature.’ Past print and online publications of the GCA included an undated annotation describing the creation of the Customs and Quarantine Agency. The information from this undated annotation is incorporated herein; therefore, the undated annotation will be omitted from future publications: P.L. 22-112 (April 11, 1994) enacted a new 5 GCA § 3127 that established the Customs and Quarantine Agency as an agency separate and apart from the Department of Commerce, effective Oct. 1, 1994. The following sections of P.L. 22-112 also became effective on Oct. 1, 1994: (a) Transfer of Personnel, Property, and Equipment from the Division to the New Customs and Quarantine Agency. All personnel of the Division shall be transferred to the Agency established in §3127, Title 5, Guam Code Annotated, as set out in Section 2 of this Act, with all duties, responsibilities, and compensation intact, and with no lapse in service to the government of Guam. In addition, all the property and equipment of the Division shall be transferred to the Agency. (b) Enforcement of Laws Relative to Customs and Quarantine. The Agency is authorized to implement and enforce the provisions of Chapter II of Title XLIV of the Government Code [this Chapter of the Guam Code Annotated] and all rules, regulations, and executive orders relative to customs and quarantine functions of the government of Guam.
ARTICLE 1 OPERATIONS AND DUTIES
5 GCA GOVERNMENT OPERATIONS CH. 73 CUSTOMS AND QUARANTINE AGENCY
§ 73101. Imports Prohibited.
All persons are prohibited from importing into Guam the following:
5 GCA GOVERNMENT OPERATIONS CH. 73 CUSTOMS AND QUARANTINE AGENCY
- (a) Printed matters or pictures of a seditious nature or of an obscene or immoral character.
- (b) Any article, manufactured or for manufacture or sale, or adulterated or misbranded or deleterious food, drugs, medicines and liquors.
- (c) [Repealed.] SOURCE: GC § 47100. Subsection (c) added by P.L. 11-193 (Dec. 7, 1972); amended by P.L. 13-187:231 (Sept. 2, 1976). Subsection (c) repealed by P.L. 14-141:18 (Aug. 31, 1978). NOTE: P.L. 14-141 added a new Article to 9 GCA Chapter 67 (Uniform Controlled Substances Act) specifically dealing with the importation of controlled substances. Thus, this subsection became superfluous and was repealed accordingly. CROSS-REFERENCES: 9 GCA Chapter 67, Art. 6, commencing with §67.88. See 10 GCA § 32303 regarding the importation of dogs and cats and other animals.
§ 73102. Powers of Customs Officers.
Any Customs Officer may:
- (a) arrest persons who violate a prohibition contained in Article 6 of Title 9 GCA Chapter 67;
- (b) make seizures of any controlled substance imported into Guam in violation of Article 6 of Title 9 GCA Chapter 67;
- (c) arrest persons who violate a prohibition contained in Chapter 47 of Title 9 GCA; and
- (d) make seizures of any forged or counterfeit goods imported into Guam in violation of Chapter 47 of Title 9 GCA. SOURCE: GC § 47100.1 added by P.L. 11-193 (Dec. 7, 1972); amended by P.L. 13-058:2 (Sept. 26, 1975); amended by P.L. 18-007:231 (July 8, 1985); repealed and reenacted by P.L. 14-141:18 (Aug. 31, 1978). Amended by P.L. 27072:4 (Feb. 10, 2004). 2024 NOTE: Subsection designations modified pursuant to authority granted by 1 GCA § 1606. NOTE: GC § 47100.2 (Drug Amnesty Box at Airport and Customs Form) was added by P.L. 14-143:20 (Sept. 29, 1978) and repealed by P.L. 17-044:1 (Jan. 18, 1984).
§ 73103. Classification of Persons Arriving in Guam.
- (a) Persons arriving from foreign countries are divided into two classes for the purpose of these regulations, first, residents of Guam and second, all other persons.
- (b) Personnel of the Armed Forces of the United States ordered to duty in Guam or to any U.S. ship stationed at Guam are classified for customs purposes as residents of Guam effective from date of reporting for duty.
- (c) Any United States citizen coming to reside in Guam for a period of longer than thirty days will be regarded as a resident of Guam for the purpose of customs regulations. SOURCE: GC § 47101.
§ 73104. Entry by Consignee.
- (a) Requirement and time. Except as otherwise provided, the consignee of imported merchandise shall make entry therefor either in person or by an agent authorized by him in writing to the Customs House within 48 hours, exclusive of Sundays and holidays, after the entry of the importing vessel, unless the collector authorized in writing, a legal time.
5 GCA GOVERNMENT OPERATIONS CH. 73 CUSTOMS AND QUARANTINE AGENCY
(b) Packages included. If any of the certificates or documents necessary to make entry of any part of merchandise arriving on one vessel and consigned to one consignee have not arrived, such part may be entered subsequently, and notation of the packages or cases to be omitted from the original entry shall be made thereon. One or more packages arriving on one vessel addressed for delivery to one person and imported in another package containing packages addressed for delivery to other persons may be separately entered. All other merchandise arriving on one vessel and consigned to one consignee shall be included in one entry. (c) Entry on carrier’s certificate. Any person certified by the carrier bringing the merchandise to the port at which entry is to be made, to be the owner or consignee of the merchandise, or an agent of such owner or consignee, may make entry thereof either in person or by an authorized agent. (d) Entry on duplicate bill of lading. Any person may, upon the production of a duplicate bill of lading signed or certified to be genuine by the carrier bringing the merchandise to the port at which entry is to be made, make entry for the merchandise in respect of which such bill of lading is issued, except that such person shall make such entry in his own name. SOURCE: GC § 47102.
§ 73104.1. Classification of Merchandise for the Purpose of Entry Compliance.
(a) For the purpose of entry clearance and taxes, exemptions, or drawbacks applicable to imported or exported goods under Title 11, Guam Code Annotated, such goods shall be classified using the Harmonized Commodity and Coding System (HCCS) of classification and its related Explanatory Notes as maintained by the World Customs Organization. (b) The rate of taxes, exemptions, or drawbacks applicable to goods to be imported, goods imported, or goods to be exported shall correspond to the classification of the goods in the Customs Harmonized Commodity and Coding Classification Schedule Regulation. (c) An importer, licensee, or owner of the goods required to make an entry for goods under this Act shall correctly classify imported goods in accordance with § 73104.1(a) of this Article. SOURCE: P.L. 37-082:4 (April 2, 2024).
§ 73104.2. Access to the Customs Harmonized Commodity and Coding Classification Schedule.
(a) The Director of Guam Customs and Quarantine Agency shall: (1) ensure that the Customs Harmonized Commodity and Coding Classification Schedule, as amended, is published on the Guam Customs and Quarantine Agency website and is publicly available free of charge; and (2) ensure that copies of the Customs Harmonized Commodity and Coding Classification Schedule, as amended, are available for purchase at a reasonable price. (b) Nothing in this Section prevents the Director of Guam Customs and Quarantine Agency from making other information available along with the Harmonized Commodity and Coding Classification Schedule. The Director of Customs shall ensure that it is clearly indicated that the other information are not part of the Customs Harmonized Commodity and Coding Classification. SOURCE: P.L. 37-082:5 (April 2, 2024).
§ 73104.3. Amendments to the Harmonized Commodity and Coding System (HCCS).
(a) The Director of the Guam Customs and Quarantine Agency may, in accordance to 5 GCA Chapter 9, amend the Customs Harmonized Commodity and Coding Schedule for uniformity with amendments approved by the World Customs Organization.
5 GCA GOVERNMENT OPERATIONS CH. 73 CUSTOMS AND QUARANTINE AGENCY
(b) No amendment made under this Section shall alter the taxes, exemptions, or drawbacks duty applicable to goods classified under any item or heading in the Harmonized Commodity and Coding Schedule. SOURCE: P.L. 37-082:6 (April 2, 2024).
§ 73104.4. Customs Automated System and Information Sharing.
(a) Only individuals designated by the Director of Guam Customs and Quarantine Agency may access the Customs Automated System to carry out any duties pursuant to this Act or any other statutory provisions of Guam law. (b) Notwithstanding any other provision of law, the Director of Guam Customs and Quarantine Agency, through a memorandum of agreement, may permit access to records or information collected under this Article to other government of Guam agencies for the performance of their official duties. Accessibility will require the integration of the agency’s regulating or enforcement processes into the Customs Automated System, and, for uniformity, incorporate the Harmonized Commodity and Coding Schedule for identification of merchandise the agencies regulate. (c) Through such agreements to access records or information collected under this Article, the Director of Guam Customs and Quarantine Agency may institute reasonable fees for the sustainability, upgrades, and maintenance of the Harmonized Commodity and Coding Schedule and the Customs Automated System. SOURCE: P.L. 37-082:7 (April 2, 2024).
§ 73105. Consignee.
All articles, goods, wares or merchandise imported into Guam for the purpose of these regulations shall be deemed and held to be the property of the person to whom the same may be consigned; but the holder of any bill of lading, drawn to the order and indorsed by the co-signer, shall be deemed the consignee thereof; and in case of the abandonment of any article, goods, wares or merchandise to the underwriters, the latter may be recognized as the consignee. SOURCE: GC § 47103.
§ 73106. Prohibited Imports.
(a) Importation Prohibited. If the laws or regulations of any country, dependency, province or other subdivision of government restrict the taking, killing, possession or exportation to the United States, or its possessions, of any wild mammal or bird, alive or dead, or restrict the exportation to the United States or its possessions or any part or product of any wild mammal or bird, whether raw or manufactured, no such mammal or bird or part or product thereof shall be imported into Guam from such country, dependency, province or other subdivision of government, directly or indirectly, unless accompanied by a certification of the United States consul, for the consular district in which is located the port or place from which such mammal or bird, or part or product thereof, was exported from such country, dependency, province, or other subdivision of government, that such mammal or bird, part or product thereof, has not been acquired or exported in violation of the laws or regulations of such country, dependency, province or other subdivision of government. (b) Forfeiture. Any mammal or bird, alive or dead, or any part or product thereof, whether raw or manufactured imported into Guam in violation of the provisions of the preceding subdivision shall be subject to seizure and forfeiture under the customs regulations. Any such article so forfeited may, in the discretion of I Maga’håga/Maga’låhi , be placed with the departments or bureaus of the government or with societies or museums, for exhibition or scientific or educational purposes, or destroyed or sold.
5 GCA GOVERNMENT OPERATIONS CH. 73 CUSTOMS AND QUARANTINE AGENCY
(c) When Section not Applicable. The provisions of this section shall not apply in the case of: (1) Prohibited importations C articles, the importation of which is prohibited under the provisions of regulations, or of any laws; (2) Scientific or educational purposes C wild mammal or birds, alive or dead, or parts or products thereof, whether raw or manufactured, imported for scientific or educational purposes; (3) Certain migratory game birds C migratory game birds brought into Guam by bona fide sportsmen returning from hunting trips in such country, if at the time of importation the possession of such birds is not prohibited by the laws of such country or of the United States. SOURCE: GC § 47104. CROSS-REFERENCES: See 5 GCA § 63124 for further laws governing the importation of game birds or animals. 2024 NOTE: Reference to the ‘Governor’ replaced with I Maga’håga/Maga’låhi pursuant to 5 GCA § 1510. NOTE: GC § 47104.1 (Permitting Slot Machines at the Air Terminal Gaming Zone) was enacted by P.L. 13-135 (Feb. 3, 1976) and repealed, together with the Zone, itself, by P.L. 19-019:28 (Aug. 22, 1998).
§ 73107. Guard on Vessels.
Every commercial vessel entering a port of Guam or anchoring or lying to in Guam waters shall be placed under guard during her stay. SOURCE: GC § 47105.
§ 73108. Clearance Requirements.
(a) Any Customs Officer may board and examine any privately owned, privately leased, commercially owned, or commercially leased aircraft, vessel, or contrivance arriving into Guam when it is necessary to carry out the provisions of applicable laws of Guam or the United States, any rule or regulation promulgated thereunder, any regulatory or enforcement agreement entered, or any public health and quarantine purpose, and may further require the master or captain thereof to exhibit for examination by the Customs Officer the manifest or any documents or papers, or any trunk, package or cargo on board, or any compartment, storage area, cabin, galley, cockpit, lavatory, or any section of the vessel or aircraft. Any master, captain, or person on any conveyance shall submit to the lawful instructions of a Customs Officer from the time of boarding until such time the Customs Officer disembarks and authorization to proceed with unloading operations is granted. Any master, captain, or person on any conveyance who fails to abide by lawful instructions or obstructs the official duties of a Customs Officer shall be liable for fines and penalties under this Chapter in addition to appropriate offenses contained in 9 GCA Chapter 55. (1) Prior Notice Requirement. Under penalty and apart from the manifest requirements provided in this Chapter, masters or their authorized agent of all vessels or aircrafts must provide a notice of arrival with