Should the seal on a container or cargo be broken or tampered with prior to its official release from Customs’ custody, except under the direction of a Customs Inspector, then the person or firm that has accepted delivery of the sealed container or cargo shall be liable for the following administrative penalties levied by the Collector of Customs:

(a) A fine of not less than Twenty-Five Thousand Dollars ($25,000) and the confiscation of the cargo involved; and

(b) The suspension of the business license(s) of all principals involved in the violation of this section for one (1) year.

All fines levied under this section shall be deposited in the Customs Inspection Fund. All cargo confiscated under this section shall be disposed of as provided for in this Chapter. The Director of the Customs & Quarantine Agency shall immediately notify the License Board created by 11 Guam Code Ann. § 70112 of a violation by any person or firm whose license is to be suspended. No expenditures shall be made from the Customs Inspection Fund except by appropriation of the Legislature.

Any person or firm charged with a violation of this section shall have the burden of proving by clear and convincing evidence that such person or firm was not responsible for the broken or tampered with seal.

SOURCE: GC § 47141 added by P.L. 20-25:1 (06/10/89).

NOTE: 1. The original law referred to a License Board created by GC § 16026. However, that section dealt with Alien Labor and not with a
License Board. The only section creating a License Board is now found in
11 Guam Code Ann. § 70112, which was GC § 16011.

2. Director of Commerce changed to Director of the Customs & Quarantine Agency pursuant to the transfer of functions and creation of the new agency by P.L. 22-112.

5 Guam Code Ann. GOVERNMENT OPERATIONS
CH. 73 CUSTOMS & QUARANTINE AGENCY