Thailand Law Library

by Thailand Lawyer

Chapter 4 BIS: Customs Powers on Boundaries

All vessels that enter into or halt or moor in the contiguous sea shall answer any questions of the customs official concerning the vessel, crew, passenger, nature of the goods in the vessel and things carried on board the vessel as questioned by the customs official and shall comply with reasonable orders of the customs official. If the master does not answer or comply therewith, he shall be liable to a fine of not exceeding ten thousand Baht.

No vessel that is in the contiguous zone shall discharge any article without reasonable grounds or permission of the competent official. A master or any person who is in violation shall be liable to imprisonment for a term of not exceeding one year or to a fine of twice the value of goods or to a fine of fifty thousand Baht, whichever is the higher, or to both.

Any goods involved in an offence under this section shall be forfeited, irrespective of whether any person is liable to the penalty.

The provisions of section 15, section 15 bis, section 18, section 20, section 23, section 24, section 25, section 26, section 29, section 30, section 32, section 32 bis and section 39 of the Customs Act, B.E. 2469 (1926), section 16 of the Customs Act (No. 9), B.E. 2482 (1939), section 10 of the Customs Act (No. 12), B.E. 2497 (1954) and the penal provisions in relation to the said provisions shall apply to the contiguous zone mutatis mutandis.

In the case where there are reasonable grounds to suspect that smuggling has been committed or about to be committed or an offence in accordance with this Act has been committed in the contiguous sea, the customs official shall have the power to stop or compel to the master to take the vessel to any place to examine, search, arrest or take legal proceedings.

When the customs official has arrested and sent the alleged offender to the inquiry official of any locality, the inquiry official of such locality shall have the power of inquiry pending the appointment of a responsible inquiry official by the Attorney-General or person acting on his behalf in accordance with the Criminal Procedure Code. In this regard the normal period involved in transporting the alleged offender to the said inquiry official shall not be counted as the period of time of holding the alleged offender in the custody of the inquiry official under the Criminal Procedure Code.