(a) Any Customs Officer may board and examine any privately owned, privately leased, commercially owned, or commercially leased aircraft, vessel, or contrivance arriving into Guam when it is necessary to carry out the provisions of applicable laws of Guam or the United States, any rule or regulation promulgated thereunder, any regulatory or enforcement agreement entered, or any public health and quarantine purpose, and may further require the master or captain thereof to exhibit for examination by the Customs Officer the manifest or any documents or papers, or any trunk, package or cargo on board, orany compartment, storage area, cabin, galley, cockpit, lavatory, or any section of the vessel or aircraft. Any master, captain, or person on any conveyance shall submit to the lawful instructions of a Customs Officer from the time of boarding until such time the Customs Officer disembarks and authorization to proceed with unloading operations is granted. Any master, captain, or person on any conveyance who fails to abide by lawful instructions or obstructs the official duties of a Customs Officer shall be liable for fines and penalties under this Chapter in addition to appropriate offenses contained in 9 Guam Code Ann., Chapter 55.

(1) Prior Notice Requirement. Under penalty and apart from the manifest requirements provided in this Chapter, masters or their authorized agent of all vessels or aircrafts must provide a notice of arrival with the following information to the appropriate customs port of entry:

(A) For Vessels. Forty-eight (48) hours prior to arrival, a notice of arrival containing the following information shall be submitted:

(i) vessel name, voyage number, and national country of registry;

(ii) type of vessel; (iii) date of arrival;
(iv) Guam seaport of arrival;

(v) break-water/or pilot on board time; (vi) assigned pier or wharf of berth; (vii) berth time;
(viii) number of crew and passengers; (ix) last port of entry; and
(x) purpose of arrival into Guam.

(B) For Aircraft. Thirty (30) minutes upon departure from origin, commercial, privately owned, or privately operated aircrafts intended to arrive in Guam

shall submit a notice of arrival containing the following information:

(i) Guam airport or airfield of arrival;

(ii) aircraft operating name, flight number, registration number, and country of registration;

(iii) origin and last airport of departure;

(iv) date and estimated time of arrival; and

(v) number of transiting and terminating crew and passengers.

(C) Exceptions. Vessel and aircraft arriving into Guam under exigent or emergency circumstances wherein Guam was not their intended destination, are exempted from Parts (A) and (B) of this Subsection. Notwithstanding the prior notice requirement, vessels or aircraft arriving under the above circumstances shall require clearance as mandated herein.

(b) Any individual who is not a Customs Officer or is not duly authorized by Customs, and who goes on board any vessel, aircraft, or conveyance before entry and clearance has thereto been granted, shall be fined a penalty under this Chapter, or imprisoned for not more than six (6) months, or both. The master or pilot of such vessel, aircraft, or conveyance may take such person into custody, and deliver him up forthwith to any Customs Officer or law enforcement officer, to be taken by him before any committing magistrate, to be dealt with according to law.

(c) Under penalty as prescribed by this Chapter, no vessel, aircraft, or conveyance may commence any activity or unloading operations without Customs’ presence, permit or authorization and clearance. The master or agent of each privately owned, privately operated, commercially owned, or commercially leased vessel, aircraft, or contrivance shall accomplish clearance requirements within five (5) days after meeting the forty-eight (48) hours required for entry. Every consignee of imported merchandise after having accomplished entry for their imported merchandise, either in person or by an agent authorized by him in writing to the Customs House shall accomplish clearance
requirements within five (5) days following entry, exclusive of Sundays and holidays, unless the Collector is authorized in writing, a legal time.

(d) Departures.

(1) No aircraft, vessel, or contrivance shall be cleared for departure until all the cargo manifested for import to Guam has been unladed, entry has been made, and was properly accounted for.

(2) Prior to the departure of any aircraft, vessel, or contrivance, the master shall deposit with the Customs Officer at the port or airport, a manifest of the outward cargo of such vessel or aircraft, specifying the marks and numbers of packages, a description of their contents, with the names of shippers and consignees; and also the names of passengers and their destination. A departure clearance will then be granted to the vessel or aircraft.

SOURCE: GC § 47106. Amended by P.L. 35-105:2 (Oct. 30, 2020).

2021 NOTE: This provision was formerly entitled “”Clearing Vessels”” and was renamed by P.L. 35-105:2 (Oct. 30, 2020).