Entering and Leaving of Goods
Chapter One
Presenting goods to Customs authorities
Article 34:
A cargo manifest shall be submitted for each commodity entering or leaving the Kingdom. Such goods shall be presented without delay to the customs authorities at the nearest customs house as specified by the Customs Department.
Chapter Two
Prohibition and Restriction
Article 35:
Vessels of whatever load capacity shall be prohibited from anchoring at seaports other than those designated for them, except under a maritime emergency as a result of a force majeure, excluding the circumstances arising out of sea emergency or force majeure. In such case, the master the ship shall without delay notify the nearest customs house/center or security center of such circumstances.
Article 36:
Vessels of loading capacity less than two hundred marine tons loaded with prohibited or restricted goods or goods subject to high rates of duty or specific prohibited goods referred thereto in Article 2 of this Law shall be forbidden from entering or passing within the marine customs zone.
Article 37:
Vessels of load capacity less than two hundred maritime tones and which transport goods mentioned in Article (36) of this law shall be forbidden from entry into the maritime customs zone and shall also be forbidden from sailing inside the zone or from changing their course therein, excluding the circumstances arising out of sea emergency or force majeure. In such case, the master the ship shall without delay notify the nearest customs house/center or security center of such circumstances.
Article 38:
Aircrafts shall be prohibited from taking off or landing at airports where no customs houses are available, except under force majeure. In such case the pilot shall promptly inform the nearest customs house or security post and submit a report thereon attested by the party which was notified to the Customs Department.
Article 39:
A. The specific prohibited goods shall be seized even if they were declared by their real nomenclature unless they were licensed in advance to enter or leave the country.
B. Other prohibited goods whose real nomenclature are declared shall not be seized and shall rather be returned outside or inside the Kingdom as the case may be.
C. The official customs formalities shall not be permitted for any commodity in which importation or exportation pends license or permit or a certificate or any other document before obtaining the required document.
Article 40:
Foreign goods bearing a mark, name or sign which may create illusion that they are locally produced, whether on the products or their packing or banding, shall be considered prohibited. The prohibition shall also apply to pending duties status.
Article 41:4
Entry of Imported goods which constitutes an infringement of any of the intellectual property rights, under the scope of protection of relevant legislation in force, shall be prohibited based on the following principles:
A. 1. The right holder or his legal representative may file a request to the Competent Court backed by a bank guarantee or cash deposit to suspend the clearance procedures and release of such goods, after furnishing the court with a sufficient evidence of infringement and a detailed description of the infringing goods.
2. The Competent Court shall issue a decision on the request provided for in item (1) of this paragraph within three days of submission of thereof. The respondent may appeal against the decision before the Court of Appeal within eight days from the date of notification thereof. The decision shall be deemed final.
3. If the right holder or his legal representative notifies the Customs Department of bringing an infringement legal action before the competent court in accordance with the provisions of this paragraph, the Director or his representative shall stop the procedures of clearance and release of goods and retain goods, at the expense of the party that filed for such action, at Customs warehouses or in a public warehouse as a deposit until a final decision by the competent court is delivered.
B. If the claimant does not notify the Customs Department- within eight working days from the date of the notification of the goods clearance and release moratorium decision- that a legal action has been filed, the goods shall be released after making sure that they meet all the legal importation requirements.
C. The Competent Court may order the applicant to pay the importer of the goods, the consignee and the owner the appropriate compensation for all damages they have incurred as a result of suspension of the clearance and release procedures based on an unjustly claim, or in case of release of goods as provided for in paragraph (B) of this Article.
D. The Director or his authorized representative may suspend the procedures of clearance and the release of goods, if he is convinced, based on prima facie evidence, that there is an infringement occurrence in copyright/ trademark related cases in accordance with the following provisions:
1. Notifying the importer and right holder, if his address is known to the Customs Department, of the clearance and release procedures moratorium decision.
2. If the Customs Department is not notified, within eight working days from the date of notifying the right holder of the moratorium decision issued pursuant to this paragraph, that a legal action has been filed, the goods shall be released after making sure that they have met all legal importation requirements.
3. The importer has the right to appeal against the decision issued under the provisions of this paragraph to the competent court within the period of eight working days from the date of being notified thereof; the provisions of item (2) of paragraph (A) of this Article shall apply.
E. The applicant, under the supervision of the Customs Department, shall have the right to inspect the goods of which the clearance and release procedures have been suspended in the Customs yards, so as to enable him to prove his claims. The Director or his authorized representative may provide him with a sample of such goods.
F. little quantities of non-commercial goods, personal effects and gifts carried by travelers in small parcels shall be excluded from the application of the provisions of this Article. Transit goods are also excluded from the application of the provisions of this Article as well as goods which have been placed in the markets of the exporting country by the right holder or with his consent.
G. The Customs Department shall not be liable for compensation to any damages sustained by the importer or owner of the goods which the clearance and release procedures thereof have been suspended pursuant to the provisions of this Article.
H. Notwithstanding the provisions of paragraph (f) of this Article, the provisions of this article shall apply to goods consigned to the Development Zones, Free Zones and Aqaba Special Economic Zone.
I. Notwithstanding the provisions of any other law, legal action of infringement of any intellectual property rights shall depend on the plaintiff assuming the capacity of personal claimant in accordance with the provisions of this Article in respect of imported goods while being cleared.
K. For the purposes of implementing the provisions of this Article, the following terms shall have the following meanings:
1. Intellectual property means copyrights and related rights, trademarks, patents, layout-designs of integrated circuits, trade secrets, industrial designs, industrial models and geographical indications.
2. Competent Court means: the Civil Competent Court in accordance with the relevant legislation.
Article 42:
The Director may impose special rules for the packing of certain goods for the purposes of simplifying inspection procedures
Chapter Three
Sea Transport
Article 43:
A. Every commodity arriving by sea shall be registered in the cargo Manifests even if the commodity is dispatched to free zones.
B. One Manifest, signed by the ship master or agent at the port of loading, shall be prepared for the whole cargo and shall include the following information:-
1. Name of the ship, nationality and registered payload.
2. Types of goods and their total weight and the weight of unpacked goods, if any. If the goods are prohibited they should be mentioned by their real nomenclature.
3. The number of packages and pieces and description of their covers, marks and numbers.
4. Name of the shipper and consignee.
5. The harbors from which the goods were shipped.
C. Prior to arrival at customs zone, the master of the vessel or his agent shall submit the electronic manifest. When entering the customs zone, Customs officers may request the master of the vessel or his agent to submit the paper cargo manifest if necessary.7
D. Upon the entry into the harbor, the ship's master shall deliver the following to the customs house:
1. The cargo manifest and its preliminary translation when necessary.
2. The manifest of the vessel supplies, and the crew's luggage and belongings.
3. A passengers' manifest.
4. A list of the goods which will be unloaded at this harbor.
5. All documents and bills of lading which may be requested by the Department for the purpose of applying customs regulations.
E. The manifests and documents shall be submitted within thirty six hours from the vessel's entry into the harbor. Official holidays shall not be calculated in this period.
F. The Director shall decide the form of the cargo manifest as well as the number of required copies.
Article 44:
If the cargo manifest belongs to a vessel which does not make regular trips or does not have a maritime agent at the Jordanian harbors, or if it is a sailboat, it should be endorsed as thus by the customs authorities at the shipment harbor.
Article 45:
A. Cargoes of vessels and all other means of sea transport shall not be unloaded except at the premises of harbors which host customs houses. The unloading of any commodity or its transfer from one ship to another shall not be permitted except through a written approval from the concerned customs house and in the presence of its officials.
B. The unloading and transfer from one vessel into another shall be carried out during office hours and within the conditions set by the Customs Department.
Article 46:
Subject to the provisions of Article 71 of this Law, the master/captain of the vessel, representative or agent shall be responsible for any shortfall in the number of pieces or packages or the contents thereof, or in the quantity of open, loose or bagged goods until the receipt of such goods at Customs stores or warehouses or by the owners where they are allowed to take said delivery.
The Director shall have power to issue directives specifying tolerance percentage, in relation to any excess or shortfall, in respect of unbound loose or bagged goods, as well as the percentage of partial shortfall in goods due to forces of nature or weak packages causing the contents thereof to break loose. Such directives shall be promulgated in the official Gazette.
Article 47:
In the event of any shortage in the number of unloaded pieces or packages, compared to the contents of the cargo manifest, or shortage in the quantities of opened, bulk or bagged goods exceeding the tolerance percentage specified in the directives issued by the Director, the master or his representative shall justify such shortage through supporting documents which confirms that such shortage existed outside the maritime customs zone. If such documents cannot be submitted immediately, a period not exceeding six months from the date of preparing the receipt report may be given to submit such may be given, following securing a bond guaranteeing the rights of the Customs Department. The Director may issue instructions for the preparation of receipt reports and submission periods. Such instructions shall be promulgated in the Official Gazette.
Chapter Four
Land Transport
Article 48:
The goods imported by land should be transported from the border to the nearest customs house. The transporters/ carriers should adhere to the designated routes leading directly to that customs house. The transporter of the goods shall be forbidden from bypassing the customs center without a permit or from depositing the goods in other buildings and places before moving them directly to that Customs house.
Article 49:
A. The transporter of the goods and the escorts thereof shall present upon their arrival at the customs house a bill of lading or a document which substitutes the cargo manifest duly signed by the driver of the transport means and the representative of the transport company, if available. Such manifest along with the goods value shall be prepared in accordance with terms prescribed in Article 43 of this Law. When necessary, the Director may decide on some exceptions from this rule.
B. The bill of lading or the document shall be attached to documents confirming its contents in accordance with the terms set by the Director.
Chapter Five
Air Freight
Article 50:
Aircrafts shall follow the designated air routes assigned thereto when they cross the Kingdom's airspace.
Article 51:
The goods transported by the airplanes shall be recorded in a cargo manifest signed by the pilot and prepared in accordance with the terms prescribed in Article (43) of this Law.
Article 52:
The captain shall present the cargo manifest and other lists prescribed in Article (43) of this Law to the Customs Department's officers upon their request. He shall also surrender these documents to the airport customs house, together with translated copies when necessary, immediately following the airplane's arrival.
Article 53:
Unloading or dumping goods during flight shall be prohibited. However, the pilot h may order dumping the goods if this was necessary for the safety of the plane. In such a case, he shall inform the Customs Department thereof upon landing.
Article 54:
The provisions of Articles 45, 46, 47, of this Law shall apply to land and air transport. Drivers, pilots and transport companies shall be responsible for any shortage in case of land or air transport.
Chapter Six
Mail and Postal Parcels Transport
Article 55:
The importation or exportation of goods through mail or by postal parcels shall be carried out in accordance with Arab and international postal agreements as well as the internal legal provisions in force.
Chapter Seven
Export and Re-Export
Article 56:
Every vessel, , car, airplane or any other transport means, whether loaded or empty, shall be prohibited from leaving the country before presenting to the Department a manifest corresponding to the rules of Article 43 and obtaining a departure permit except in cases of exclusions given by the Department.
Export
Article 57:
Goods intended for exportation shall be brought to the concerned customs house and declared in details. Transporters heading to the land borders shall not be allowed to bypass customs houses without obtaining departure permits, or shall not follow different routes so as to evade these customs houses. The rules decided by the Department regarding goods which are subject to customs territory control shall be observed.
Re-export
Article 58:
Foreign goods entering the Kingdom may be re-exported outside the country or to a free zone in accordance with the conditions, procedures and guarantees identified by the Director.
Transport of goods from one vessel to another
Article 59:
In some cases, it may be permissible to transfer goods from one vessel to another or to withdraw goods that have not been imported into warehouses from quays to vessels within the conditions specified by the Director
Chapter Eight
Common Provisions
Article 60:
A. The manifest shall include the detailed contents of the consignment which are received in the form of sealed parcels and assembled in one unit by binding, packing, packaging or any other manner, provided that the terms and conditions related to the containers, pallets and trailers shall be specified by a by-law issued for this purpose.8
B. The Director or his authorized representative may permit the division of a single consignment of the goods in a way he deems appropriate and justifiable, provided that such division shall not result in any loss to the Treasury in any way and the Director shall issue the necessary instructions for such.
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6 This paragraph was amended pursuant to Article (6) of the amending Law No. (33) of 2018
7 This paragraph was amended pursuant to Article (7) of the amending Law No. (33) of 2018
8 This paragraph was amended pursuant to Article (8) of the amending Law No. (33) of 2018