Act No. 22 of 1957
LONG RANGE PROVING GROUND AND OCEANOGRAPHIC RESEARCH STATIONS (EXEMPTIONS) |
An Act to
implement certain provisions of agreements made between the Governments of the
United Kingdom of Great Britain and Northern Ireland and the United States of
America concerning a long range proving ground for guided missiles and
oceanographic research stations and to implement like provisions of other
agreements which may be made between the said Governments. | 22 of 1957
1 of 1958
7 of 1959
6 of 1964
G.N. 187/1964 |
[Commencement 15th
July, 1957] |
WHEREAS with the
concurrence of the Government of the Bahama Islands an Agreement between the
Governments of the United Kingdom of Great Britain end Northern Ireland and the
United States of America concerning the establishment in the Bahama Islands of
a Long Range Proving Ground for guided missiles was concluded in Washington on
the Twenty-first day of July, 1950: |
AND WHEREAS the
Government of the Bahama Islands has concurred in the Government of the United
Kingdom of Great Britain and Northern Ireland concluding an Agreement with the
Government of the United States of America concerning the establishment of Oceanographic
Research Stations in the Bahama Islands: |
AND WHEREAS It is
desirable and expedient that certain concessions and exceptions should be made
by the Government of the Bahama Islands in order to implement within the Bahama
Islands the provisions of the said Agreements and like provisions of any other
Agreements which hereafter may be made with the concurrence of the Government
of The Bahama Islands between the Governments of the United Kingdom of Great
Britain and Northern Ireland and the United States of America. |
1. This Act
may be cited as the Long Range Proving Ground and Oceanographic Research
Stations (Exemptions) Act. | Short title. |
2. In this
Act, unless the context otherwise requires, the following expressions have the
meanings hereby respectively assigned to them, that is to say: | Interpretation. |
(a) "British
authorities" means the authority or authorities from time to time
authorised or designated by the Government of the United Kingdom of Great
Britain and Northern Ireland for the purpose of exercising powers in relation
to an undertaking; |
(b) "British
Forces" means Her Majesty's Armed Forces; |
(c) "British
National" means any British subject, Commonwealth citizen or British
protected person; |
|
(i) the
Long Range Proving Ground for guided missiles to which reference is made in the
preamble to this Act; |
(ii) Oceanographic
Research Stations to which reference is made in the preamble to this Act; |
(iii) any
purposes declared by the Governor to be an undertaking under the provisions of
section 10 of this Act; |
(e) "United
States authorities" means the authority or authorities from time to time
authorised or designated by the Government of the United States of America for
the purpose of exercising powers in relation to an undertaking; |
(f) "United
States Forces" means the Armed Forces of the United States of America; |
(g) "United
States National" means a citizen of the United States of America or a
person who although not a citizen of the United States of America owes allegiance
of the United States of America. |
3. Notwithstanding
the provisions of the Legal Profession Act, in any criminal or civil proceedings in
any court within the Bahama Islands in which a member of the United States
Forces is a party by reason of an alleged act or omission which arises or is
alleged to arise out of or in the course of his official duties in connection
with an undertaking any person who is authorised to practise in the courts of
the United States of America shall have the right of audience, provided that
such person is in the service of the Government of the United States of America
and upon production to the court of a certificate in writing that he has been
appointed for that purpose either generally or specifically by the appropriate
authority. | Right of audience of United
States counsel. |
4. The
provisions of the Immigration Act and the Passenger Tax Act shall not apply to
any member of the United States Forces or any member of the British
Forces who has been posted to the Bahama Islands for the purposes of an
undertaking or any person (not being a national of a power at war with Her
Majesty) who is employed by, or is under control of, the Government of the
United States of America in connection with the establishment, maintenance or
use in the Bahama Islands of an undertaking, or any British national employed
in connection therewith, so long as such posting or employment subsists, provided
always that the Governor-General acting in his discretion may
require the departure from The Bahamas of any civilian person so employed. | Exemption from provisions
of Chs. 191 and 379. |
5. Notwithstanding
the provisions of any Act no tax or fee shall be payable in respect of the
registration or licensing for use in the Bahama Islands of any motor vehicle
which belongs to the Government of the United States of America or to Her
Majesty's Government of the United Kingdom of Great Britain and Northern
Ireland and which is used or intended to be used for purposes connected
directly with the establishment, maintenance or operation of an undertaking. | Exemption from taxes on
motor vehicles. |
6. (1) Notwithstanding
the provisions of any Act, no import, customs, excise, consumption or other tax,
duty or impost (hereinafter called duty) shall be charged on- | Customs duties and other
taxes on goods. |
(a) material, equipment,
supplies or goods intended for use in the establishment, maintenance or use of
an undertaking imported into the Bahama Islands by, and consigned to or destined
for United States authorities or British authorities or a contractor engaged by
the United States authorities or British authorities in respect of an
undertaking; |
(b) goods
imported into The Bahamas, for use or consumption aboard vessels or aircraft of
the Army, Navy, Air Force, Coast Guard, Coast and Geodetic Survey of the United
States of America or of Her Majesty and consigned to the appropriate
authorities; |
(c) goods
consigned to the United States authorities or British authorities in the Bahama
Islands for the use of institutions under the control of the Government of the
United States of America or under the control of the Government of the United
Kingdom of Great Britain and Northern Ireland, known as Post Exchanges, Ships' Service
Stores, Commissary Stores, Service Clubs or other institutions of a similar
nature, or for sale thereout to members of the United States Forces or British
Forces or civilian employees, being United States nationals or British
nationals, and employed in connection with an undertaking and present in the
Bahama Islands by reason only of such employment, or members of their families
resident with them and not engaged in any business or occupation in the Bahama
Islands; |
(d) the
personal belongings or household effects of persons referred to in paragraph (c)
of this subsection and all contractors and their employees being United States
nationals or British nationals employed in the establishment, maintenance or
use in the Bahama Islands of an undertaking and present in the Bahama Islands
by reason only of such employment; |
(e) goods for
consumption and goods (other than personal belongings and household
effects) acquired after first arrival, including gifts, consigned to persons
referred to in paragraph (c) of this subsection: |
Provided that such
goods are- |
(i) of United
States origin if the Governor-General so requires; and |
(ii) imported
for the personal use of the recipient. |
(2) No duty shall
be charged on the material, equipment, supplies or goods mentioned in
subsection (1) of this section in the event of the export thereof from the
Bahama Islands. |
(3) This Section
shall apply notwithstanding that the said material, equipment, supplies or
goods may pass within the Bahama Islands from one part of an undertaking to
another part thereof or from one undertaking to another undertaking. |
(4) No material, equipment,
supplies, goods or personal effects which have been imported free of duty in
accordance with the provisions of subsection (1) of this section for use in
connection with an undertaking or for personal use of a person employed in
connection with an undertaking may be used within The Bahamas for any other
purpose unless and until duty thereon has been paid. |
7. A monthly
return shall be prepared by the Comptroller of Customs of all material, equipment,
supplies, goods, personal belongings or household effects brought into The
Bahamas under section 6 of this Act which return shall show quantities and
values, and a copy of such return shall once in every month be laid upon the
table of the House of Assembly, or if the Legislature is not then in session
shall be forwarded to the Recess Finance Committee of the House of Assembly. | Returns. |
8. (1) Any
person who is not entitled to the privileges
conferred by section 6 of this Act and who sells or purchases any article which
is exempted from customs duty by this Act, shall be liable- | Offences. |
(a) on summary
conviction before a magistrate, to a fine not exceeding five times the value of
the goods so sold or purchased or one thousand two hundred dollars, whichever
shall be the greater, or to imprisonment for not more than six months, or to
both such fine and imprisonment; or |
(b) on
conviction on indictment, to a fine not exceeding five times the value of the
goods so sold or purchased or four thousand dollars, whichever shall be the
greater, or to imprisonment for not more than three years, or to both such fine
and imprisonment, |
and unless
the court for special reasons thinks fit to order otherwise, a person convicted
of an offence under this Act shall be sentenced to pay a fine of not less than
three times the value of the articles so sold or purchased or to imprisonment
for not less than half the maximum period which may be imposed by the court by
which he is convicted: |
Provided that it
shall be a defence to a charge under this section for the accused to prove that
he did not know and had no reason to believe that the goods so sold or
purchased were imported as aforesaid. |
(2) For the
purposes of this section the value of any article shall be the rate or price
for which articles of the like kind but of the best quality upon which all
duties have been paid were sold at or about the time of the offence, or
according to the rate or price for which the like kind of article was sold in
bond at or about the time of the offence, with all duties thereon added to such
rate or price in bond. A certificate in writing signed by or on behalf of the
Comptroller of Customs shall be prima facie evidence of the value of the
article. |
(3) For the
purposes of this section every acquisition for valuable consideration shall be
deemed to be a purchase. |
(4) Notwithstanding
the previous provisions of this section the sale or purchase or any article, shall
not be an offence if- |
(a) it is made
with the written permission of the Comptroller of Customs; and |
(b) all terms
and conditions as to payment of duty or otherwise which the Comptroller may
impose in granting such permission are duly fulfilled: |
9. The
Governor-General shall have power to make rules for the safeguarding of the
revenue of The Bahamas and generally for carrying into effect the objects of
this Act. | Power to make rules. |
10. In the
event of the Government of the United Kingdom of Great Britain and Northern
Ireland, with the concurrence of the Government of the Bahama Islands, entering
into or proposing to enter into any new agreement with the Government of the
United States of America under which the Government of the United States of
America is given or will be given facilities in the Bahama Islands
similar to those provided for the Long Range Proving Ground for guided missiles
and for Oceanographic Research Stations, the Governor-General may by Order
declare that the purpose of such an agreement shall be an undertaking within
the meaning of this Act. | New undertakings. |