Simplification Of Customs Procedures
Chapter One
Customs Territory
Article 176:
The specific prohibited goods and the goods subject to heavy duties and other goods decided by the Minister through a decision promulgated in the Official Gazette shall all be subject to the provisions of the customs zone provisions even if they were outside that zone.
Article 177:
A. The transfer of goods subject to the provisions of the customs zone shall be accompanied by a transport document issued by the Customs Department in accordance with the conditions set by the Director.
B. The possession of those and deposit thereof in any storage house other than the places approved by the Director shall be prohibited.
C. The ordinary needs which can be possessed within the customs zone for consumption purposes shall be identified by the Director.
Article 178:
Transfer, possession or circulation of the goods subject to the provisions of the customs zone in an unorganized manner inside the zone shall be considered as import or export smuggling according to goods status under the import /export provisions of customs zone unless an evidence proves otherwise.
Chapter Two
Investigation of Smuggling
Article 179:37
A. For the purpose of enforcing this Law and combating smuggling, the Department's authorized officers shall have the right to inspect the goods and means of transportation and search people in accordance with the provisions of this Law and other Laws in force. The drivers of transport vehicles must obey the orders of the customs officers who have the right to use all necessary means to stop the transportation means when their drivers refuse their orders.
B. If the person subject to search is a female, the search should be performed by a female officer.
C. when there is adequate evidence of the presence of contrabands, the authorized customs officials and public security officers shall have the right to search any house or store or any other place. However, Residence houses shall not be searched except in the presence of a "Mukhtar" or two witnesses and with the approval of the attorney general
D.
1. Customs judicial officers shall not be prosecuted for crimes arising out of their jobs except with the approval of a committee constituted as follows:
-. One of the Vice-Presidents of the Court of Cassation appointed as Chairman of the Committee by the Judicial Council.
-. Director General of Jordan Customs.
-. Secretary General of the Ministry of Finance.
-. Secretary General of the Ministry of Justice.
-. Customs public Prosecutor
2. The meetings of the Committee shall be deemed legal when attended by the majority of its members, and decisions thereof shall be issued by the majority of member's votes.
E. The Committee shall come to its decision to disapprove the prosecution if the committee found through the investigations that the Customs officer did not abuse his power, and that the act attributed to him was a necessity in the performance of his duties, or that there are malicious motives to file a complaint against him.
F. Notwithstanding the provisions of paragraph (d) of this article, approval of the Committee shall not be required to prosecute the Customs judicial officers for offenses referred to the public Prosecutor by the Customs Department, or when officers are prosecuted by the competent public Prosecutor for any of the offences involving public service.
Article 180:
The Customs Department's officers shall have the right to board all ships anchoring at local harbors or coming into or going out of them. The officers shall have the right to stay on board until cargoes are fully unloaded, and order the opening of the ship's cabins and cupboards and the parcels loaded thereon and seal restricted goods or goods subject to heavy duties or the specified prohibited goods prescribed in Article 2 of this Law. They also shall have the right to require captains of ships to produce a list of these goods upon entry to seaports.
Article 181:
The Customs Department's officials shall have the right get aboard the vessels in the customs zone for inspection or requesting the production of the manifest and other documents required under the provisions of this Law. In the event of refraining from producing the documents, or when the documents are absent or when smuggled or
prohibited goods of the kinds prescribed in Article 2 of this Law are suspected to be on board, the customs officials shall have the right to take all the necessary measures, including the use of force to seize the goods and bring the vessel to the nearest customs seaport.
Places of conducting investigation and seizure of goods
Article 182:
A. investigation of smuggling and customs contraventions, as well as seizure of goods may be allowed as follows:-
1. at land and maritime customs zones.
2. at the customs house and in seaports and airports and generally in all areas subject to customs control, including public and private warehouses.
3. Outside the land and maritime customs zones when following and pursuing smuggled goods continuously after being seen within the confines of customs zone in a situation indicating intent to smuggle.
B. As for the goods subject to duties other than the specified prohibited goods and goods subject to heavy duties, customs officers shall have evidence against smuggling activities to conduct investigation and seizure thereof, and issue citation outside the places specified in paragraph (a) of this article. This conduct shall also be documented via a preliminary report as Customs officers shall not be questioned of any seizure made in accordance with the provisions of this Article when the violation is not proven except in case of grave mistake.
C. The specified prohibited goods, the prohibited goods, or the goods subject to high duties and other goods specified by the Director and prescribed in Article (2) of this Law and whose owners and transporter cannot present the necessary proofs specified by the Director shall be considered as being smuggled unless proven otherwise.
Verification of Shipping Documents
Article 183 :
A. The Customs Department's officers, whenever assigned of investigation and audit, may examine the shipping documents, commercial correspondence, contracts, records and all other papers and documents of any kind which are directly or indirectly related to customs operations and may seize them if necessary at any party related to the customs operations. These parties should keep these records, papers and documents for a period of three years.
B. The authorized officers of the Customs Department may arrest anyone without warrant in case of an attested offense.
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37This article was amended pursuant to Article (37) of the amending Law No. (33) of 2018