The master of every aircraft, vessel, or contrivance arriving in Guam shall have on board a manifest for passengers, crew, and cargo destined for Guam, signed by such master under oath as to the truth of the statement therein contained. Failure to provide such manifests in the prescribed manner and or requirements constitutes a penalty as contained herein. Such manifests shall contain all of the following information as required:

(a) For vessels:

(1) Cargo Manifest:

(A) The names of the ports or places at which the merchandise was taken on board.
(B) The name, description and build of the vessel, the true measure or tonnage thereof, the port to which such vessel belongs and the name of the master of such vessel.

(C) A detailed account of all merchandise destined for Guam on board such vessel, with the marks and numbers of each package, and the number and description of the packages according to their usual name or denomination, such as barrel, keg, hogshead, case, or bag.

(D) The names of the persons to whom such packages are respectively consigned in accordance with the bills of lading issued therefor.

(E) The master or agent of each privately owned, privately operated, commercially owned, or commercially leased vessel arriving into Guam from any place outside of Guam must transmit to the Agency an electronic passenger, crew, and cargo manifest. The electronic manifest must be transmitted as required herein to the Customs Office in charge of the clearance for the arriving vessel. The electronic manifest shall contain the names of the several passengers and crew aboard the vessel, stating whether cabin or steerage passengers, with their baggage, specifying the number and description of the pieces of baggage belonging to each, and a list of all baggage not accompanied by passengers.

(F) An account of the sea stores and ship’s stores on board the vessel.

(G) If the vessel is from a United States port the manifest shall be certified by the Collector of the port sailing. If from a foreign port, by the United States consul or commercial agent of the port. If there is no United States consul or agent, then by the foreign government consul or agent.

(2) Crew and Passenger Manifest:(A) full name (last, first, and, if available, middle);

(B) date of birth;

(C) gender (F = female; M = male); (D) citizenship;
(E) country of residence;

(F) status on board the vessel;

(G) travel document type (e.g., P = passport; A = alien registration card);
(H) passport number, if a passport is required; (I) passport country of issuance, if a
passport is required;

(J) passport expiration date, if a passport is required;

(K) United States of America alien registration number, where applicable;

(L) physical address while in Guam (number and street, city, state, and zip code);

(M) vessel name and voyage number; (N) date of vessel arrival; and
(O) manifest for crew and passengers shall be separated and distinguishable.

(b) For aircraft:

(1) Cargo Manifest. The master or agent of each privately owned, privately operated, commercially owned, or commercially leased aircraft arriving into Guam from any place outside of Guam must transmit to the Agency an electronic manifest accounting for all terminating, transiting, revenue, and non-revenue cargo. The electronic manifest must be transmitted as required herein to the Customs Office in charge of the clearance for the arriving aircraft in the format as follows:
(A) the name, address, and telephone number of each importer or consignee; and the name, address, and telephone number of the shipper to such importer or consignee, unless the Collector determines that the confidentiality of any particular information is necessary for the good of the Agency or national security;

(B) airway bill of lading number of each cargo destined for Guam;

(C) the general description of the cargo;
(D) the number of packages and gross weight; (E) the name of the aircraft carrier and flight
number;

(F) the port of loading;

(G) the port of discharge; and

(H) the country of origin of the shipment;

(2) Crew and Passenger Manifest. The master or agent of each privately owned, privately operated, commercially owned, or commercially leased aircraft arriving into Guam from any place outside of Guam must transmit to the Agency an electronic passenger and crew manifest for all persons terminating, transiting, revenue and non-revenue passengers. The electronic manifest must be transmitted as required herein to the Customs Office in charge of the clearance for the arriving aircraft in the format as follows:

(A) full name (last, first, and, if available, middle);

(B) date of birth;

(C) gender (F = female; M = male); (D) citizenship;
(E) country of residence;

(F) status on board the aircraft;
(G) travel document type (e.g., P = passport; A = alien

registration card);
(H) passport number, if a passport is required; (I) passport country of issuance, if a
passport is required;
(J) passport expiration date, if a passport is required;

(K) United States of America alien registration

number, where applicable;

(L) physical address while in Guam (number and street, city, state, and zip code);

(M) passenger name record locator, if available;

(N) industry code of where transportation to
Guam commenced;

(O) industry code of final port/place of destination for in-transit passengers;

(P) airline carrier code; (Q) flight number;
(R) passenger revenue status (revenue or revenue-exempt);

(S) total number of revenue passengers and non-revenue;

(T) specific reason for revenue-exempt status for each revenue-exempt passenger reported;

(U) date of aircraft arrival; and

(V) manifest for crew and passengers shall be separated and distinguishable.
(c) Discrepancies. If any discrepancy occurs in any way with respect to any manifest or bill of lading data, the owner or operator of the vessel, aircraft, or contrivance, or any party responsible for such discrepancy, shall be liable for any fine or penalty prescribed by law with respect to such discrepancy or violation. The Agency may take appropriate action against any of the parties.

(d) Public Disclosure of Certain Manifest Information. The Collector, in order to allow for the timely dissemination and publication of the information listed, shall adhere to the provisions as set forth in the Sunshine Reform Act of 1999, 5
GCA Chapter 10. In accordance with 5 Guam Code Ann., Chapter 10, and when requested, the Collector shall make available for public disclosure the following information:

(1) the general character of the cargo;

(2) the number of packages and gross weight; (3) the port of loading;
(4) the port of discharge; and

(5) the country of origin of the shipment.

SOURCE: GC § 47108. Amended by P.L. 35-105:2 (Oct. 30, 2020).