Customs and Excise
(Amendment No. 6) (Jersey) Law 2009
A LAW to amend further the Customs
and Excise (Jersey) Law 1999.
Adopted by the
States 15th July 2008
Order of Her Majesty in Council 10th December 2008
Registered by the
Royal Court 2nd
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 New Part 5A of the Customs and Excise
(Jersey) Law 1999
Immediately after Article 37 of the
Customs and Excise (Jersey) Law 1999 there is inserted the
following Part –
importation and exportation
37A Interpretation –
(1) In this Part, unless a contrary intention
(a) bearer-negotiable instruments including
monetary instruments in bearer form (such as travellers cheques);
(b) negotiable instruments (including cheques,
promissory notes and money orders) that are –
out to a fictitious payee, or
in such form that title to them passes upon delivery;
(c) incomplete instruments (including cheques,
promissory notes and money orders) signed, but with the payee's name omitted;
(d) currency (banknotes and coins that are in
circulation, whether in Jersey or elsewhere, as a medium of exchange);
(e) a monetary instrument of a type prescribed
under paragraph (3)(a);
(f) a forged or counterfeit version of any
instrument or currency mentioned in sub-paragraphs (a) to (e) of this
means a disclosure a person is required to make under Article 37B or
Article 37C(1) and includes any answer the person gives to a question
asked by an officer under this Part;
amount’, in respect of cash that is being imported or exported,
(a) 10,000 euros or the equivalent in any
other currency; but
(b) if a lesser amount is prescribed under
paragraph (3)(b), that amount.
(2) Where cash consists of a forged or
counterfeit version of any instrument or currency, it shall be taken, for the
purposes of this Part, to have the value it would have had were it genuine.
(3) The Minister may prescribe –
(a) any type of monetary instrument to be cash
for the purposes of the definition of ‘cash’ in paragraph (1);
(b) any amount less than 10,000 euros for
the purposes of the definition ‘prescribed amount’ in
may require disclosure of cash
An officer may require a
person who is exporting or importing goods –
(a) to disclose if the goods consist of or
include cash with a value in excess of the prescribed amount; and
(b) to answer questions in respect of any such
entering and leaving Jersey
(1) An officer may require a person entering or
leaving Jersey –
(a) to disclose the value of any
in his or her baggage, or
with the person;
(b) to answer question in respect of any such
(c) to produce his or her baggage for inspection
by the officer.
(2) A person who, when required to produce his
or her baggage, refuses or fails to do so, is guilty of an offence and is
liable to a fine of –
(a) level 3 on the standard scale; or
(b) an amount equal to 3 times the value of
the cash not disclosed,
whichever is the higher.
(3) Where an officer reasonably suspect that a
person entering or leaving Jersey is carrying cash with a value in excess of
the proscribed amount, the officer may –
(a) where the officer is of the same sex as the
person, search the person; or
(b) request an officer of the same sex as the
person to do so.
(4) A person who is to be searched may require
to be taken before a Jurat of the Royal Court or a superior of the officer who
(a) consider the grounds for the officer’s
(b) direct whether the search is to take place.
in respect of disclosures
(1) A person who, when required to make a
disclosure refuses to do so is guilty of an offence and is liable to imprisonment
for 2 years and a fine.
(2) A person who, when required to make a
disclosure makes a disclosure, orally or in writing, that is untrue in a
material particular is guilty of an offence and is liable –
(a) if the statement was made knowingly or
recklessly, to imprisonment for 2 years and a fine; or
(b) in any other case, to a fine of level 4
on the standard scale.
(1) This Article applies where an officer
reasonably suspects that a postal packet imported into or posted for export
from Jersey contains cash with a value in excess of the prescribed amount.
(2) The proper postal officer must comply with
any direction of the officer –
(a) to produce the packet to the officer; and
(b) to open it to permit its contents to be
examined by the officer.
on ships and aircraft
(1) This Article applies where an officer
reasonably suspects that there is on board –
(a) a ship lying within the territorial sea
adjacent to Jersey; or
(b) an aircraft at any place within the
territory of Jersey,
cash with a value in excess
of the prescribed amount.
(2) The officer may search the ship or aircraft.
(1) The questions that an officer may ask under
this Part in respect of cash include questions about its origin and its intended
(2) An officer may require evidence to be
produced to the officer’s satisfaction in support of any information
provided under this Part.
(3) The Agent of the Impôts may issue
directions in respect of the questions that an officer may ask under this Part
and the manner in which answers are to be recorded.”.
Law may be cited as the Customs and Excise (Amendment No. 6) (Jersey)
shall come into force 7 days after it is registered.
Deputy Greffier of the States