Penalties for Violations of Arrival, Reporting, Entry, Clearance Requirements, Manifests, and Manifest Delivered to Customs Officer.

(a) Unlawful acts:

(1) failure to comply with §§ 73104, 73106, 73107,
73108, 73110 or 73111 of this Article;

(2) presenting or transmitting, electronically or otherwise, any forged, altered or false document, paper, information, data, or manifest to the Customs Service without revealing the facts; or

(3) failure to make entry or to obtain clearance as required.

(b) Civil Penalty. Any master, person in charge, or aircraft pilot who commits any violation listed under this Section is liable for a civil penalty of Five Thousand Dollars ($5,000) for the first violation and Ten Thousand Dollars ($10,000) for each subsequent violation, and any conveyance used in connection with any such violation is subject to seizure and forfeiture.

(c) Criminal Penalty. In addition to being liable for a civil penalty under Subsection (b) of this Section, any master, person in charge , or aircraft pilot who intentionally commits any violation listed in Subsection (a) of this Section is, upon conviction, liable for a fine of not more than Two Thousand Dollars ($2,000) or imprisonment for one (1) year, or both; except, that if the conveyance has, or is discovered to have had, on board any merchandise (other than sea stores or the equivalent for conveyances other than vessels) the importation of which into Guam is prohibited, such individual is liable for an additional fine of not more than Ten Thousand Dollars ($10,000) or imprisonment for not more than five (5) years, or both.

(d) Additional Civil Penalty. If any merchandise (other than sea stores or the equivalent for conveyances other thana vessel) is imported or brought into Guam in or aboard a conveyance which was not properly reported or entered, the master, person in charge, or aircraft pilot shall be liable for a civil penalty equal to the value of the merchandise and the merchandise may be seized and forfeited unless properly entered by the master, person in charge, or aircraft pilot. The Collector of Customs may grant relief of civil penalty; provided, that such was due to unintentional clerical or administrative omission. The master, person in charge, or aircraft pilot has the burden of proving by clear and convincing evidence of the unintentional omission.

SOURCE: GC § 47131. Amended by P.L. 13-187:236 and P.L. 35-105:6 (Oct. 30, 2020).

2021 NOTE: This provision was formerly entitled “”Penalties”” and was renamed by P.L. 35-105:6 (Oct. 30, 2020).