Customs and Excise
(Import and Export Control) (Jersey) Order 2006
Made 9th October 2006
Coming into force in
accordance with Article 10
THE MINISTER FOR HOME AFFAIRS, in pursuance of Articles 19 and 73 of the Customs and Excise (Jersey) Law
1999[1], orders as follows –
1 Interpretation
In this Order, unless the context otherwise
requires –
“1992 Order” means the Import and
Export (Control) (Jersey) Order 1992[2];
“2000
Law”
means the Firearms (Jersey) Law 2000[3];
“Agent”
means the Agent of the Impôts;
“Channel Islands” includes the territorial sea adjacent to Jersey and the
territorial sea adjacent to the Bailiwick of Guernsey;
“licence”
means a licence granted under Article 4;
“photographic image” means a recording of light or other radiation on any medium
on which an image is produced or from which an image may by any means be
produced.
2 Prohibition
on importing and exporting goods
Subject to the provisions of this Order –
(a) a
person shall not import goods into Jersey;
(b) a
person shall not export goods from Jersey; or
(c) a
person shall not ship goods as ships’ stores.
3 Exemptions
from Article 2
(1) Notwithstanding
Article 2 –
(a) a
person may import or export any goods (other than goods that are shipped as
ships’ stores) under the authority and in compliance with the terms and
conditions of a licence;
(b) a
person may import any goods –
(i) proved to the
satisfaction of the Agent to have been brought to Jersey from any other of the
British Islands, and
(ii) that are not
specified in Schedule 1 or 2;
(c) a
person may export any goods to any other of the British Islands except goods
specified in Schedule 1 or 3;
(d) a
person may import or export electrical energy by means of the submarine cable
that enters Jersey at Archirondel in the Parish of St. Martin; and
(e) a
person may ship any goods as ships’ stores where –
(i) the Agent is
satisfied that the goods are intended for use or consumption aboard the ship,
(ii) the shipment is
permitted in writing by the Agent, and
(iii) all terms and
conditions attached to the Agent’s permission are complied with.
(2) Notwithstanding
Article 2 and without prejudice to the generality of
paragraph (1)(a) –
(a) a
person may, under the authority and in compliance with the terms and conditions
of a licence, import any goods that are specified in Schedule 1 or 2; and
(b) a
person may, under the authority and in compliance with the terms and conditions
of a licence, export any goods specified in Schedule 1 or 3.
4 Licence
(1) The
Minister may grant a licence to import or export goods.
(2) Without
prejudice to the generality of paragraph (1), a licence granted under this
Order shall be in writing and may –
(a) apply
generally in respect of the goods to which it relates; or
(b) relate
to –
(i) the person to
whom it is granted and the goods in respect of which it is granted, or
(ii) the specified
goods in respect of which it is granted,
and may make different provision for different goods or classes of
goods.
(3) The
Minister may –
(a) include
a condition or exception in a licence in respect of the goods or classes of
goods to which it relates;
(b) provide
that the licence shall expire on a specified date unless renewed; and
(c) modify
or revoke a licence.
(4) A
licence under this Order may make provision for the importation or exportation
of any goods to which –
(a) an enactment
of the Parliament of the United Kingdom (whether or not it has been extended to
Jersey by an Order in Council) and any subordinate legislation made under it
applies;
(b) a
Community instrument, within the meaning of the European Communities (Jersey)
Law 1973[4], applies; or
(c) an
international obligation of the United Kingdom that has been extended to Jersey
applies.
5 Permission
for shipping of goods as stores
(1) The
Agent may give permission in writing for the shipping of goods as ships’
stores.
(2) The
Agent may –
(a) include
a condition or exception in a permission in respect of the goods or classes of
goods to which it relates;
(b) provide
that the permission shall expire on a specified date or otherwise; and
(c) modify
or revoke a permission.
6 Designated
port and customs airport
(1) No
goods shall be –
(a) unshipped,
landed or put on shore; or
(b) shipped,
put off or waterborne to be shipped for exportation,
at any place other than a port or customs airport designated in
accordance with Article 12 of the Customs and Excise (Jersey) Law 1999.
(2) Paragraph (1)
does not apply to goods to which Article 3(1)(d) or (e) refer.
7 Prohibition
on importation or exportation by other enactment
Nothing in this Order, or any licence or permission granted under
it, shall be construed as operating to permit the importation or exportation of
any goods whose importation or exportation is restricted or prohibited by any
other enactment.
8 Transitional
provisions
(1) This
Article applies to –
(a) a
licence granted by the Minister or the Agent under the 1992 Order in relation
to any specified person or goods that is in force when this Order comes into
force; and
(b) a
permission granted by the Agent under the 1992 Order that is in force when this
Order comes into force.
(2) After
the coming into force of this Order –
(a) the
Minister may, during the transitional period referred to in paragraph (3),
modify or revoke a licence to which this Article applies; and
(b) the
Agent may, during the transitional period referred to in paragraph (3), modify
or revoke a permission to which this Article applies.
(3) The
transitional period referred to in paragraph (2) is the period that
commences when this Order comes into force and ends on the date on which the
licence or permission ceases to have effect.
9 Revocation
The 1992 Order[5] is revoked.
10 Citation
and commencement
This Order may be cited as the Customs and Excise (Import and Export
Control) (Jersey) Order 2006 and shall come into force on the same day as
Article 19 of the Customs and Excise (Jersey) Law 1999 comes into force.
SENATOR W. KINNARD
Minister for Home Affairs
SCHEDULE 1
(Article 3)
GOODS for which licence to IMPORT OR
EXPORT is required
Goods that shall not be imported or exported except under the
authority and in compliance with the terms and conditions of a licence.
1. Any
indecent or obscene thing.
2. Any
thing –
(a) being
a book, magazine or other publication consisting wholly or mainly of pictorial
matter; or
(b) being
or containing a recording capable, with or without the use of other equipment,
of reproduction in visual, audio or audio-visual form,
which is of a kind likely to fall into the hands of children or
young persons and portrays –
(i) the commission of
crime,
(ii) any act of
violence or cruelty, or
(iii) any incident of a
repulsive or horrible nature,
in such a way that it would as a whole tend to corrupt a child or
young person into whose hands it might fall.
3. Any
dog of –
(a) the
type commonly known as –
(i) the Dogo
Argentino,
(ii) the Fila
Braziliera,
(iii) the Japanese Tosa (or
Tosa), or
(iv) the Pit Bull Terrier;
or
(b) any
other type which appears to have been bred for fighting.
4. Any
decoding equipment that is designed or adapted to be used primarily for the
purpose of enabling the reception of programmes transmitted in the provision of
a proscribed service within the meaning of section 178 of the Broadcasting
Act 1990 of the United Kingdom as that section has effect in Jersey by
virtue of the Broadcasting Act 1990
(Jersey) (No. 2) Order 1991.
5. Any
explosives, within the meaning of the Convention on the Marking of Plastic
Explosives for the Purpose of Detection done at Montreal on 1st March 1991,
other than explosives deemed to be marked for the purposes of that Convention.
6. Any
toxic chemical or precursor (including mixtures of them) listed in Schedule 1
to the Annex on Chemicals to the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical Weapons and on their
Destruction, signed at Paris on 13th January 1993 and any toxic chemical or
precursor listed in Schedule 2 to that Annex or any chemical mixture containing
any such toxic chemical or precursor, or any good containing, or containing a
chemical mixture itself containing, any such toxic chemical or precursor
originating in or consigned from any non-State Party to the Convention, except –
(a) goods
or chemical mixtures which contain one per cent or less by weight of a chemical
listed in Category A of Schedule 2 to the Convention;
(b) goods
or chemical mixtures which contain 10 per cent of less by weight of a chemical
listed in Category B of Schedule 2 to the Convention; or
(c) consumer
goods that are either packaged for retail sale for personal use or packaged for
individual use.
7. Any
anti-personnel mine or component of an anti-personnel mine, as defined in section
1 of the Landmines Act 1998 of the Parliament of the United Kingdom as that
section has effect in Jersey by virtue of the Landmine Act 1998 (Jersey) Order
2001.
SCHEDULE 2
(Article 3)
GOODS FOR WHICH LICENCE TO IMPORT IS
REQUIRED
Goods that shall not be imported except under the authority and in
compliance with the terms and conditions of a licence.
1. Bovine
somatotrophin (“BST”).
2. Bumble
bee (Bombus terrestris terrestris (L) or Bombus terrestris audax (Harris)).
3. HIV
testing kits, that is to say, diagnostic kits the purpose of which is to detect
the presence of human immunodeficiency virus of any type (“HIV”)
and any HIV antibodies, or any component part of such a kit unless the person
importing such a kit is a registered medical practitioner or pharmacist.
4. Cows
milk in liquid form, whether or not processed.
5. Any
of the following firearms and ammunition –
(a) any
lethal barrelled weapon of any description from which any shot, bullet or other
missile can be discharged;
(b) any
accessory to such a weapon designed or adapted to diminish the noise or flash
caused by firing the weapon;
(c) any
firearm (including a lethal barrelled weapon) which is so designed or adapted
that 2 or more missiles can be successively discharged without repeated
pressure on the trigger;
(d) any
weapon of whatever description designed or adapted for the discharge of any
noxious liquid, gas or other thing or for inflicting electric shock;
(e) any
cartridge with a bullet designed to explode on or immediately before impact,
any ammunition containing or designed or adapted to contain any such noxious
thing as is mentioned in sub-paragraph (d) and, if capable of being used
with a firearm of any description, any grenade, bomb (or other like missile),
rocket or shell designed to explode on or immediately before impact;
(f) any
shot gun ammunition containing less than 5 pellets larger than .23 of an
inch in diameter;
(g) any
smooth-bore revolver gun having a series of chambers that revolve when the gun
is fired other than one which is chambered for 9mm. rim-fire cartridges or
loaded at the muzzle end of each chamber;
(h) any
rocket launcher or mortar for projecting a stabilized missile, other than a
mortar designed for line throwing or pyrotechnic purposes or as signalling
apparatus;
(i) any
component part that is the breech closing mechanism, the trigger mechanism or
the chamber and barrel of any lethal barrelled weapon or other weapon referred
to in sub-paragraph (a), (c), (d), (g) or (h);
(j) ammunition,
including grenades, bombs, and other like missiles, and any ammunition
containing or designed or adapted to contain any noxious liquid, gas or other
things.
6. Paragraph
5 shall not apply to the following –
(a) an air
rifle, air gun or air pistol including a rifle, gun or pistol powered by
compressed carbon dioxide for use under water;
(b) an air
rifle, air gun or air pistol including a rifle, gun or pistol powered by
compressed carbon dioxide with a muzzle energy of less
than one foot-pound;
(c) cartridges
containing 5 or more shot, none of which exceeds .23 of an inch in
diameter;
(d) ammunition
for an air rifle, air gun or air pistol including a rifle, gun or pistol powered
by compressed carbon dioxide;
(e) blank
cartridges not exceeding one inch in diameter measured immediately in front of
the rim or cannelure of the base of the cartridge;
(f) any
antique firearm which is acquired as a curiosity or ornament;
(g) firearms
and ammunition, including parts of firearms, where they are imported by a person who holds a firearms certificate issued under Article 3 of
the 2000 Law and the importation has been approved by either the Minister;
(h) firearms
and ammunition including parts of firearms where they are imported by a person
who holds a permit issued under Article 50 of the 2000 Law or a person who is
registered as a firearm dealer under Article 20 of the 2000 Law;
(i) firearms
and ammunition, including parts of firearms where they are imported
by –
(i) a person who is
in the service of the Crown,
(ii) a police officer,
or
(iii) an officer,
who has purchased or acquired the firearms or ammunition for the use
of the public service in accordance with Article 13 of the 2000 Law and has
obtained the written authorization of the Minister to the purchase or
acquisition.
SCHEDULE 3
(Article 3)
GOODS FOR WHICH LICENCE TO EXPORT IS
REQUIRED
Goods that shall not be exported except under the authority and in
compliance with the terms and conditions of a licence.
1. Any
of the following items of cultural or artistic value to Jersey –
(a) objects,
or other material, of archaeological interest found within or relating to the
Channel Islands;
(b) a
photographic image –
(i) recorded in the
Channel Islands or by any person at any time ordinarily resident in the Channel
Islands,
(ii) more than 50
years old, and
(iii) of a value exceeding
£500;
(c) a
painting, sculpture or other physical representation –
(i) of the topography
of any part of the Channel Islands,
(ii) of a person
having any connection with any of the Channel Islands,
(iii) commemorating any event
connected with any of the Channel Islands, or
(iv) made by any person at
any time ordinarily resident in any of the Channel Islands,
that is 50, or more, years old and has a value exceeding £6,000;
(d) a
print –
(i) of the topography
of any part of the Channel Islands,
(ii) of any person
having any connection with any of the Channel Islands,
(iii) commemorating any event
connected with any of the Channel Islands, or
(iv) made by any person at
any time ordinarily resident in any of the Channel Islands,
that
is 50, or more, years old and has a value exceeding £1,000;
(e) any
item of silver made –
(i) in the Channel
Islands, or
(ii) by a person at
any time ordinarily resident in the Channel Islands,
that
is 50, or more, years old and has a value exceeding £1,000;
(f) any
item of furniture made –
(i) in the Channel
Islands, or
(ii) by a person at
any time ordinarily resident in the Channel Islands,
that
is 50, or more, years old and has a value exceeding £3,000;
(g) a
clock made –
(i) in the Channel
Islands, or
(ii) by a person at
any time ordinarily resident in the Channel Islands,
that
is 50, or more, years old and has a value exceeding £3,000;
(h) any
book manufactured or produced –
(i) in the Channel
Islands, or
(ii) by a person at
any time ordinarily resident in the Channel Islands or with a Channel Island
connection,
that
is 50, or more, years old and has a value exceeding £1,000;
(i) any
other item –
(i) manufactured or
produced in the Channel Islands or by a person at any time ordinarily resident
in the Channel Islands,
(ii) that is more than
50 years old, and
(iii) has a value exceeding
£6,000.
2. Any
–
(a) manuscripts,
including maps and musical scores, singly or in collections, more than 50 years
old;
(b) archives,
and any elements thereof, of any kind, on any medium, which are more than 50
years old;
(c) architectural,
scientific and engineering drawings produced by hand, more than 50 years old,
manufactured or produced in the Channel Islands, or by a person at
any time ordinarily resident in the Channel Islands or with a Channel Island
connection;
(d) elements
forming an integral part of artistic, historical or religious monuments, which
have been dismembered.
3. Paragraphs
1 and 2 do not apply to –
(a) a
birth, marriage or death certificate or other document relating to the personal
affairs of the person who has exported it or the spouse of that person;
(b) a
letter or any other writings written by or to the person who has exported the
letter or writings, or the spouse of that person;
(c) any
object exported by a person
if –
(i) the object is the
personal property of that person and has been manufactured or produced by that
person, and
(ii) that person is
not a company within the meaning of the Companies (Jersey) Law 1991,
or
the spouse, widow or widower of that person.
4. Any
object of cultural interest as described in Schedule 1 to the Export of Objects
of Cultural Interest (Control) Order 2003 of the United Kingdom (S.I.2757 of
2003) other than an exportation of such objects that complies with the Open
General Export Licence (Objects of Cultural Interest) of the United Kingdom.
5. Any
goods to which –
(a) Part
I or Part II of Schedule 1; or
(b) Schedule
1A,
to the Export of Goods, Transfer of Technology and Provision of
Technical Assistance (Control) Order 2003 of the United Kingdom (S.I.2764 of
2003) applies.