CHAPTER
296
UNITED STATES OF AMERICA AND THE BAHAMAS PRECLEARANCE AGREEMENT |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
|
Control of persons leaving the Bahamas for the
United States. |
Powers of search in respect of persons departing
from The Bahamas for the United States. |
Refusal of permission to depart on precleared
flights. |
CHAPTER 296 |
UNITED STATES OF
AMERICA AND THE BAHAMAS PRECLEARANCE AGREEMENT |
An Act to
provide for the implementation by the Government of The Bahamas of an agreement
made between the Government of the United States of America and the Government
of The Bahamas for the establishment and operation of preclearance facilities
in The Bahamas, and for purposes connected therewith. | 7 of 1978
10 of 1988
2 of 1999 |
[Commencement 24th
May, 1978] |
1. This Act may be cited as the United States of
America and The Bahamas Preclearance Agreement Act. | Short title. |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"the
Agreement" means the Agreement on Preclearance signed on the twenty-third
day of April, 1974, between the Government of the United States and the
Government of The Bahamas concerning the establishment and operation of
preclearance facilities in The Bahamas; |
"officer of
the United States" means an officer of a United States Inspectional
Agency, being a person not ordinarily resident in The Bahamas but present
therein for the purposes of the Agreement; |
"precleared
flight" means flight by means of an aircraft eligible for preclearance
under the Agreement; |
"United
States" means the United States of America. |
3. (1) Any person departing from The Bahamas for entry
into the United States on a precleared flight shall declare to an officer of
the United States any thing contained in his baggage or carried with him. | Control of persons leaving The Bahamas for the United
States. |
(2) Any person
departing from The Bahamas for entry into the United States on a precleared
flight shall answer such questions as an officer of the United States may put
to him with respect to his baggage and any thing contained therein or carried
with him and shall, if required by any such officer, produce that baggage and
any such thing for examination. |
(3) Any person
who- |
(a) makes any
declaration which is false or incorrect in any material particular; |
(b) fails to
declare any thing as required by this section; |
(c) when
required by this section to answer any question lawfully put to him by an
officer of the United States, refuses to answer such question or makes any
false or incorrect statement in reply thereto; |
(d) fails to
produce any baggage or thing for examination as required by this section, |
commits an
offence, which shall be prosecuted summarily, and if found
guilty thereof, such person shall be liable to a fine of
two thousand dollars or to imprisonment for a term of two years or to both and- |
(i) any
baggage or thing (other than any currency) in relation to which the offence is
committed, shall be liable to forfeiture; |
(ii) all
currency the subject matter of the false statement or declaration to which the
offence relates shall be forfeited. |
(4)
In this section "currency" means the currency of The Bahamas or of
any foreign country and includes any traveller's cheque, draft or other
document of a kind intended to enable the person to whom such is issued to
obtain currency of The Bahamas or of any foreign country from some other person
on the credit of the person issuing it. |
4. (1) Where there are reasonable grounds to suspect
that any person departing from The Bahamas for entry into the United States on
a precleared flight is carrying any article which he has acquired outside the
United States and which he has not declared to an officer of the United States,
any peace officer or any person acting under the directions of any such peace
officer may search him or any article with him: | Powers of search in respect of persons departing from
The Bahamas for the United States. |
Provided that- |
(i) no female
shall be searched except by a female; |
(ii) the
person to be searched may require to be taken before a justice of the peace or
a superior of the peace officer, who shall consider the grounds for suspicion
and direct accordingly whether or not the search is to take place. |
(2) Where, on the
search of any person under this section any article is found in his possession
whether upon his person or in his baggage, in relation to which an offence under
this Act has been committed, the article shall be liable to forfeiture. |
5. (1) An officer of the United States may, in his
discretion, refuse to allow any person who contravenes any of the provisions of
this Act to depart from The Bahamas for entry into the United States on a
precleared flight. | Refusal of permission to depart on precleared flights. |
(2) Any person who
boards a precleared flight after permission to do so has been refused by an
officer of the United States commits an offence and shall, on summary
conviction therefor, be liable to a fine of five hundred dollars or to
imprisonment for a term of six months or to both. |