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CUSTOMS (CONTROL AND MANAGEMENT) ACT
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132.   Special provisions as to forfeiture of larger vessels

Revised Laws of Saint Lucia (2021)

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132.   Special provisions as to forfeiture of larger vessels

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    (1)   Despite any other provision of any customs enactment, a vessel of 250 or more tons burden is not liable to forfeiture unless—

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      (a)     the offence in respect of or in connection, with which the forfeiture is claimed—

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        (i)     was substantially the object of the voyage during which the offence was committed, or

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        (ii)     was committed while the vessel was under chase after refusing to stop when required to do so;

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      (b)     the vessel was constructed, adapted, altered or fitted in any manner solely for the purpose of concealing goods; or

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      (c)     subsection (3) applies.

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    (2)   Where any vessel of 250 or more tons burden would, but for subsection (1), be liable to forfeiture for or in connection with an offence under any customs enactment and, in the opinion of the Comptroller, a responsible officer of the vessel is implicated by his or her own act or by neglect in that offence, the Comptroller has the power to impose a penalty on that vessel in any sum not exceeding $5,000 or treble the value of the goods liable to forfeiture and until that penalty is paid, he or she may withhold clearance of that vessel.

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    (3)   Where any vessel is liable to a penalty under subsection (2), but the Comptroller is not satisfied that such a penalty is adequate in relation to the offence committed, the Comptroller may take proceedings under Schedule 4 for the condemnation as forfeited of that vessel in any sum not exceeding $10,000 or treble the value of the goods liable to be condemned, as the court may think fit.

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    (4)   Where condemnation proceedings are taken under subsection (3), the Comptroller may require such sum as he or she sees fit, not exceeding $10,000 or treble the value of the goods condemned to be deposited with him or her to await his or her final decision or, as the case may be, the decision of the court, and until that sum is deposited, he or she may withhold clearance of that vessel.

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    (5)   A claim shall not lie against the Comptroller for damages in respect of the payment of any deposit or the detention of any vessel under this section.

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    (6)   The exemption from forfeiture of any vessel under this section does not affect the liability to forfeiture of any goods carried on board.

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    (7)   For the purposes of this section—

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      (a)     “responsible officer”, in relation to any vessel, means the master, mate or engineer of the vessel, and in the case of a vessel carrying a passenger certificate, the purser or chief steward, and, in the case of a vessel manned wholly or partly by Asiatic seamen, the serang or other leading Asiatic officer of the vessel; and

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      (b)     without prejudice to any other grounds upon which a responsible officer of any vessel may be held to be implicated by neglect, he or she may be so liable if goods not owned by any member of the crew are discovered in any place under that officer's supervision in which they could not reasonably have been put if he or she had exercised proper care at the time of the loading of the vessel or subsequently.

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