{"kind":"expression","expression":{"expr_id":"2199","doc_id":"2199","label":"2019-0028","is_as_enacted":"f","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/bill\/2019\/28\/eng@2019-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/bill\/2019\/28\", \"expression\": \"\/akn\/ky\/bill\/2019\/28\/eng@2019-01-01\", \"manifestation\": \"\/akn\/ky\/bill\/2019\/28\/eng@2019-01-01.pdf\"}, \"pdf\": {\"md5\": \"e98c8f1db7605baad991f5c6107e81d4\", \"path\": \"\/Users\/q\/kyleg-data\/working\/BILLS\/2019\/2019-0028\/2019-0028.pdf\", \"pages\": 15, \"filename\": \"2019-0028.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 3602, \"paragraph_count\": 9, \"text_char_count\": 22625}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": null, \"doc\": null, \"bill\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"CUSTOMS AND BORDER CONTROL (AMENDMENT) BILL, 2019 A BILL FOR A LAW TO AMEND THE CUSTOMS AND BORDER CONTROL LAW, 2018; TO AMEND CERTAIN DEFINITIONS IN THE CUSTOMS AND BORDER CONTROL LAW, 2018; TO PROVIDE FOR THE IMPOSITION AND REGULATION OF ADMINISTRATIVE PENALTIES; AND FOR INCIDENTAL AND CONNECTED PURPOSES Introduced PUBLISHING DETAILS Customs and Border Control (Amendment) Bill, 2019 Objects and Reasons Introduced Memorandum of OBJECTS AND REASONS This Bill seeks to amend the Customs and Border Control Law, 2018 (the \u201cprincipal Law\u201d), to, among other things, amend certain definitions and provide for the imposition and regulation of administrative penalties. Clause 1 provides the short title of the legislation and contains the commencement provision. Clause 2 amends the definition of \u201cbearer negotiable instrument\u201d in section 2 of the principal Law to include bearer bonds and postal orders. Clause 3 amends section 12 of the principal Law to provide that regulations made under that section may prescribe that the contravention of those regulations constitutes an offence for which the person is liable on summary conviction, to a fine of ten thousand dollars or to imprisonment for a term of one year, or to both, and on conviction on indictment, to a fine of fifteen thousand dollars or to imprisonment for three years, or to both. The regulations may also prescribe that a person may be liable to an administrative penalty, of a fine not exceeding ten thousand dollars and that the goods in respect of which the offence was committed may be liable to forfeiture. Clause 4 inserts proposed new sections 71A, 71B, 71C and 71D in the principal Law. The proposed section 71A provides for the Director\u2019s discretion to impose instead, an administrative penalty, notwithstanding that certain penalties are expressed to be mandatory under the principal Law. The proposed section 71B provides for the service of the ticket where the Director imposes an administrative penalty and further provides that the payment of the administrative penalty stated in the ticket within twenty-eight days of being served constitutes a discharge from liability for conviction for the offence. The proposed section 71C provides for the procedure to be followed in the event that a person chooses not to pay the ticket or where the person does not agree to the ticket. The proposed section 71D provides that Cabinet may, by Order, amend Schedules 1 and 2. Clause 5 amends section 79 of the principal Law to provide that the Director may enforce payment of administrative penalties through the appropriate process or by a court ordering such payment. Clause 6 amends section 80 of the principal Law to provide that the Director shall keep and maintain a register of administrative penalties imposed under the principal Law. Clause 7 amends section 133 of the principal Law to provide that regulations made under that section may prescribe that the contravention of those regulations constitutes an offence for which the person is liable on summary conviction, to a fine of ten thousand dollars or to imprisonment for a term of one year, or to both, and on conviction on indictment, to a fine of fifteen thousand dollars or to imprisonment for three years, or to both. The regulations may also prescribe that a person may be liable to an administrative Objects and Reasons Customs and Border Control (Amendment) Bill, 2019 Introduced penalty, of a fine not exceeding ten thousand dollars and that the goods in respect of which the offence was committed may be liable to forfeiture. Clause 8 inserts proposed new Schedules 1 and 2 in the principal Law. The proposed Schedule 1 provides for the administrative offences, the provision of the principal Law or regulations which sets out the offence and the administrative penalty for the administrative offence. The proposed Schedule 2 sets out the form of the ticket which is served on the person who is alleged to have committed an administrative offence. Customs and Border Control (Amendment) Bill, 2019 Arrangement of Clauses Introduced CUSTOMS AND BORDER CONTROL (AMENDMENT) BILL, 2019 Arrangement of Clauses Clause 1. 2. 3.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Insertion of sections 71A, 71B, 71C, 71D - administrative penalties; service and payment 5. 6. 7.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Customs and Border Control (Amendment) Bill, 2019 Clause 1 Introduced CUSTOMS AND BORDER CONTROL (AMENDMENT) BILL, 2019 A BILL FOR A LAW TO AMEND THE CUSTOMS AND BORDER CONTROL LAW, 2018; TO AMEND CERTAIN DEFINITIONS IN THE CUSTOMS AND BORDER CONTROL LAW, 2018; TO PROVIDE FOR THE IMPOSITION AND REGULATION OF ADMINISTRATIVE PENALTIES; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title and commencement 1. (1) This Law may be cited as the Customs and Border Control (Amendment) Law, 2019. (2) This Law shall come into force on such date as may be appointed by Order made by the Cabinet and different dates may be appointed for different provisions of this Law and in relation to different matters.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Amendment of section 2 of the Customs and Border Control Law, 2018 - interpretation 2. The Customs and Border Control Law, 2018, in this Law referred to as the \u201cprincipal Law\u201d is amended in section 2 in the definition of \u201cbearer negotiable instrument\u201d by inserting after paragraph (a) the following paragraphs  \u2014 \u201c(aa) bearer bonds; Clause 3 Customs and Border Control (Amendment) Bill, 2019 Introduced (ab) postal orders;\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Amendment of section 12 - prohibited and restricted goods 3. The principal Law is amended in section 12 by inserting after subsection (5) the following subsections \u2014 \u201c(6) Regulations made under this section may prescribe that the contravention of the regulations constitutes an offence for which the person is liable \u2014 (a) on \u2014 (i)  summary conviction, to a fine of ten thousand dollars or to imprisonment for a term of one year, or to both; and (ii) conviction on indictment, to a fine of fifteen thousand dollars or to imprisonment for three years, or to both; or (b) to an administrative penalty, of a fine not exceeding ten thousand dollars. (7) Regulations made under this section may also prescribe that the contravention of the regulations constitutes an offence and the goods, in respect of which the offence was committed, are liable to forfeiture. (8) Notwithstanding subsection 6(b), where a person makes a false declaration or false disclosure under the regulations made under this section, the person is liable to an administrative penalty up to the value of the difference between the amount declared and the total amount being carried.\u201d. 4. Insertion of sections 71A, 71B, 71C, 71D - administrative penalties; service and payment of ticket, etc. 4. The principal Law is amended by inserting after section 71 the following sections \u2014 \u201cAdministrative penalties 71A.(1) Notwithstanding that certain penalties are by this Law expressed to be mandatory, the Director may, in the Director\u2019s discretion, impose instead an administrative penalty set out in Schedule 1. (2) Where the Director imposes an administrative penalty set out in Schedule 1, the Director shall serve the person with a ticket in the form set out in Schedule 2. (3) Where a person is served with a ticket under subsection (2), the payment of the administrative penalty stated in the ticket up to twenty-eight days after being served discharges the person from Customs and Border Control (Amendment) Bill, 2019 Clause 4 Introduced liability upon conviction for the offence set out in the ticket and payment of any mandatory or other penalties, but does not affect any liability to forfeiture under this Law. (4) Payment of an administrative penalty under this section shall be made to the Customs and Border Control Service, and all administrative penalties shall, unless otherwise expressly stated, form part of the general revenue of the Islands. (5) In any proceedings, a certificate that payment of the administrative penalty was or was not made to the Customs and Border Control Service by the date specified in the certificate shall, where the certificate is signed by the Director, be sufficient evidence of the facts stated unless the contrary is proved. Service and payment of ticket 71B. (1)  Service of a ticket on the person whom an officer has reason to believe committed an offence is effected where the officer \u2014 (a) delivers a copy of the ticket to the person; (b)  leaves a copy of the ticket at the last known place of business or abode of the person; or (c)   sends a copy of the ticket by registered mail to the last known place of business or abode of the person. (2)  An officer who serves a ticket shall complete and sign a certificate of service stating that the ticket was, on the date set out in the certificate, served on the person whom the officer had reason to believe committed the offence and the certificate shall be evidence that, on the date set out in the certificate, a ticket was served on the person whom the officer had reason to believe committed the offence. (3)   Upon being served a ticket, a person may \u2014 (a)  pay the total amount set out in the ticket in accordance with subsection (4); (b)  enter a \u201cnot guilty\u201d plea in accordance with section 71C(1); or (c)  attend the summary court on the date set out in the ticket and enter a plea. (4)   The payment of the total administrative penalty set out in the ticket within twenty-eight days of being served constitutes a discharge from liability for conviction for the offence. Clause 4 Customs and Border Control (Amendment) Bill, 2019 Introduced Trial after not paying ticket or not agreeing to ticket 71C. (1)  A person who is served with a ticket and who wishes to enter a \u201cnot guilty\u201d plea may request a trial by signing the request for trial in the ticket and delivering the ticket to the Clerk of the Court within twenty-eight days of being served with the ticket and the Clerk of the Court shall enter the plea of \u201cnot guilty\u201d. (2) As soon as practicable after a person requests a trial under subsection (1), the Clerk of the Court shall notify the Customs and Border Control Service of the request, request the duplicate ticket, fix the time and place of the trial and notify the defendant and the prosecution of the time and place of the trial. (3) A person who has been served with a ticket and has not paid the total amount set out in the ticket in accordance with section 71B(4), nor entered a \u201cnot guilty\u201d plea in accordance with subsection (1), shall attend at the court on the date specified in the ticket, which shall be no earlier than thirty-eight days after the date that the ticket was served on the person and the notice of the court date in the ticket shall be notice to the defendant and the prosecution of the same. (4) The Customs and Border Control Service shall, within forty-eight hours of the expiration of the twenty-eight day period after a ticket is served, file with the Clerk of the Court every ticket that remains unpaid after twenty-eight days of having been served. (5) A ticket filed with the Clerk of the Court is evidence of the facts alleged in the ticket without proof of the signature of the person appearing to have completed the ticket or the person on whom the ticket was served. (6) Except as otherwise provided, a notice or document required or authorized to be given or delivered under this section may be given or delivered personally by registered mail or by other prescribed means. (7) Evidence that a notice or document required or authorized to be given or delivered to a person under this section was sent by registered mail or any other prescribed means to the person at the last known place of abode or business address appearing on a ticket, certificate of service or other document in the court file, is sufficient evidence that the notice or document was given or delivered to the person unless the contrary is proved. (8) A person who is convicted of an administrative offence in a trial requested under subsection (1) or in a trial as a result of a failure to pay the total amount set out in the ticket in accordance with section Customs and Border Control (Amendment) Bill, 2019 Clause 5 Introduced 71B(4) is liable, in addition to any mandatory penalty and forfeiture, on summary conviction to a fine of one thousand dollars or to imprisonment for a term of six months, or to both. (9) The ticket, for the purposes of a trial, is deemed to be a complaint within the meaning of section 14 of the Criminal Procedure Code (2019 Revision). (10) Notwithstanding anything in law to the contrary, where the ticket remains unpaid at the expiration of the time specified for the payment of the administrative penalty or where the person served requests a trial, the ticket shall be deemed to be a summons in accordance with section 15 of the Criminal Procedure Code (2019 Revision). (11) Proceedings in respect of an offence deemed to be instituted by a ticket under this Law shall not be listed for hearing in court unless \u2014 (a) the officer delivers the duplicate of the ticket with a certificate stating that the payment of the administrative penalty has not been received within the twenty-eight day period within which it was payable; and (b) a period of ten days has elapsed from the last day on which the administrative penalty was payable. (12) Where the administrative penalty is not paid within the time specified in the ticket or the person served requests a trial, proceedings in respect of the offence specified in the ticket shall be in accordance with the procedure set out for Category C offences under the Criminal Procedure Code (2019 Revision). Amendment of Schedules 71D. Cabinet may, by Order, amend Schedules 1 and 2.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Amendment of section 79 - recovery of penalties 5. The principal Law is amended in section 79 by inserting after the word \u201cfees\u201d the words \u201c, administrative penalties\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Amendment of section 80 - register 6. The principal Law is amended in section 80 by inserting after the word \u201cfees\u201d wherever the word appears, the words \u201c, administrative penalties\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Amendment of section 133 - general regulations 7. The principal Law is amended in section 133 as follows \u2014 (a) by renumbering section 133 as section 133(1); and Clause 8 Customs and Border Control (Amendment) Bill, 2019 Introduced (b) by inserting after the newly renumbered section 133(1) the following subsections \u2014 \u201c(2) Regulations made under this section may prescribe that the contravention of the regulations constitutes an offence for which the person is liable \u2014 (a) on \u2014 (i) summary conviction, to a fine of ten thousand dollars or to imprisonment for a term of one year, or to both; and (ii) conviction on indictment, to a fine of fifteen thousand dollars or to imprisonment for a term of three years, or to both; or (b) to an administrative penalty, of a fine not exceeding ten thousand dollars. (3) Regulations made under this section may also prescribe that the contravention of the regulations constitutes an offence and the goods, in respect of which the offence was committed, are liable to forfeiture.\u201d. 8. Insertion of Schedules 1 and 2- administrative offences; form of ticket 8. The principal Law is amended by inserting the following Schedules \u2014 \u201cSchedule 1 (section 71A(1) and (2)) Administrative Offences Description of administrative offence Administrative Penalty 1. Making a false declaration or false disclosure in respect of money being transported into or exported out of the Islands A fine up to the value of the difference between the amount declared and the total amount being carried Customs and Border Control (Amendment) Bill, 2019 Clause 8 Introduced Schedule 2 (section 71A(2)) Form of Ticket FRONT OF TICKET Ticket Number: Time: Date: Name of Individual: _________________________________________________ Location: _______________________________ List of administrative offences No. Description of administrative offences Administrative penalty Tick relevant box and state particular provision Making a false declaration or false disclosure in respect of money being transported into or exported out of the Islands A fine up to the value of the difference between the amount declared and the total amount being carried \u25a1 I, the undersigned customs and border control officer, have reason to believe that ____________________________________________________ has committed the following (Name of person) administrative  offence described in the second column with the respective administrative penalty in the third column \u2014 ___________________________________________________________________________________ the facts being that ___________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ ___________________________________________________________________________________ (Provide a summary of the facts of the offence and the provision contravened) Time and place at which administrative offence committed: _______________________________________________________________________________________ ___________________________________________________________________________________ This administrative offence carries an administrative penalty of $____________________________________________ Clause 8 Customs and Border Control (Amendment) Bill, 2019 Introduced The person to whom this ticket is served \u2014 (a) may pay the administrative penalty prior to the ________ day of ______________ 20_______; (b)  may enter a plea of \u201cnot guilty\u201d up to twenty-eight days after being served and indicate now an intention to plead \u201cnot guilty\u201d by ticking box \u25a1; or (c) upon non-payment, shall attend the Summary Court: (i) in Grand Cayman, at 10 am on Tuesday, ____________20_____; or (ii) in Cayman Brac, at 10 am on Thursday, _____________20 _____. I am an officer authorized by the Customs and Border Control Service and I certify that I served this ticket on the person named on the date and time stated above. _______________________                           _______________________________ (Name of Officer) (Signature) Criminal proceedings shall not commence until the expiration of the time specified in the ticket, not being less than thirty-eight days after being served with this ticket. If you fail to pay the administrative penalty or to attend court, a warrant of arrest may be issued and you may be kept in custody until you can be brought before the court. PLEASE SEE BACK OF TICKET BACK OF TICKET PLEASE READ CAREFULLY 1. PAYMENT You may discharge liability to conviction by delivering a copy of this ticket and the total amount of the penalty set out in this ticket to the Customs and Border Control Service at the address indicated below prior to the date set out at paragraph (a) on the front of the ticket, being twenty-eight days after the service of this ticket. Payments may be made in cash. Payments by cheque or by money order are to be made payable to the Cayman Islands Government. Please print the ticket number on the front of the cheque or money order. 2.       PLEA OF NOT GUILTY If you wish to plead not guilty, deliver a copy of the ticket to the Clerk of the Court within twenty-eight days of being served with this ticket. You must attend court on the date given at paragraph (c) on the front of the ticket. You may deliver the copy of the ticket to the Clerk of the Court \u2014 (i) where the ticket is served in Grand Cayman by taking a copy of the ticket to the Criminal Registry at the court, George Town on any working day between 9 am and 3 pm; or (ii) where the ticket is served in Cayman Brac or Little Cayman, by taking a copy of the ticket to the Customs and Border Control Service at one of the addresses below. 3. FAILURE TO PAY Consequent on your failure to pay the administrative penalty specified in paragraph (a) or to enter a plea under paragraph (b), you are summoned to appear, where served in Grand Cayman in the Summary Court at George Town, or where served on Cayman Brac or Little Cayman, in the Summary Court in Cayman Brac at 10:00 a.m. on the date set out at paragraph (c) on the front of the ticket. If you fail to appear, the magistrate may issue a warrant of arrest to compel your attendance. The date of the hearing shall be no less than thirty-eight days after the service of the ticket. Customs and Border Control (Amendment) Bill, 2019 Clause 8 Introduced NOTICE This ticket may be used as evidence of the Customs and Border Control Service. Submit or send payment to: The Customs and Border Control Service at Owen Roberts International Airport in the case of Grand Cayman or the Charles Kirkconnell International Airport in the case of Cayman Brac or Little Cayman Hours of operation : 6:00 am to 10:00 pm OR Submit or send payment to: The Customs and Border Control Service at P.O.Box 898, 42 Owen Roberts Drive, Grand Cayman, KY1-1103 or at P.O.Box 240 District Administration Building in Cayman Brac or Little Cayman Hours of operation : 8:30 am to 5:00 pm Passed by the Legislative Assembly the     day of                   , 2019. 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The regulations may also prescribe that a person may be liable to an administrative\npenalty, of a fine not exceeding ten thousand dollars and that the goods in respect of\nwhich the offence was committed may be liable to forfeiture.\nClause 4 inserts proposed new sections 71A, 71B, 71C and 71D in the principal Law. The\nproposed section 71A provides for the Director\u2019s discretion to impose instead, an\nadministrative penalty, notwithstanding that certain penalties are expressed to be\nmandatory under the principal Law. The proposed section 71B provides for the service of\nthe ticket where the Director imposes an administrative penalty and further provides that\nthe payment of the administrative penalty stated in the ticket within twenty-eight days of\nbeing served constitutes a discharge from liability for conviction for the offence. The\nproposed section 71C provides for the procedure to be followed in the event that a person\nchooses not to pay the ticket or where the person does not agree to the ticket. The\nproposed section 71D provides that Cabinet may, by Order, amend Schedules 1 and 2.\nClause 5 amends section 79 of the principal Law to provide that the Director may enforce\npayment of administrative penalties through the appropriate process or by a court\nordering such payment.\nClause 6 amends section 80 of the principal Law to provide that the Director shall keep\nand maintain a register of administrative penalties imposed under the principal Law.\nClause 7 amends section 133 of the principal Law to provide that regulations made under\nthat section may prescribe that the contravention of those regulations constitutes an\noffence for which the person is liable on summary conviction, to a fine of ten thousand\ndollars or to imprisonment for a term of one year, or to both, and on conviction on\nindictment, to a fine of fifteen thousand dollars or to imprisonment for three years, or to\nboth. The regulations may also prescribe that a person may be liable to an administrative\n\nObjects and Reasons\nCustoms and Border Control (Amendment) Bill, 2019\n\nPage 4\nIntroduced\nc\n\npenalty, of a fine not exceeding ten thousand dollars and that the goods in respect of\nwhich the offence was committed may be liable to forfeiture.\nClause 8 inserts proposed new Schedules 1 and 2 in the principal Law. The proposed\nSchedule 1 provides for the administrative offences, the provision of the principal Law or\nregulations which sets out the offence and the administrative penalty for the\nadministrative offence. The proposed Schedule 2 sets out the form of the ticket which is\nserved on the person who is alleged to have committed an administrative offence.\n\nCustoms and Border Control (Amendment) Bill, 2019\nArrangement of Clauses\n\nc\nIntroduced\nPage 5\n\nCAYMAN ISLANDS\n\nCUSTOMS AND BORDER CONTROL\n(AMENDMENT) BILL, 2019\n\nArrangement of Clauses\nClause\nPage\n1.\nShort title and commencement ..................................................................................................7\n2.\nAmendment of section 2 of the Customs and Border Control Law, 2018 - interpretation ............7\n3.\nAmendment of section 12 - prohibited and restricted goods .......................................................8\n4.\nInsertion of sections 71A, 71B, 71C, 71D - administrative penalties; service and payment\nof ticket, etc. ..............................................................................................................................8\n5.\nAmendment of section 79 - recovery of penalties ..................................................................... 11\n6.\nAmendment of section 80 - register ......................................................................................... 11\n7.\nAmendment of section 133 - general regulations ..................................................................... 11\n8.\nInsertion of Schedules 1 and 2- administrative offences; form of ticket .................................... 12\n\nCustoms and Border Control (Amendment) Bill, 2019\nClause 1\n\nc\nIntroduced\nPage 7\n\nCAYMAN ISLANDS\n\nCUSTOMS AND BORDER CONTROL\n(AMENDMENT) BILL, 2019\n\nA BILL FOR A LAW TO AMEND THE CUSTOMS AND BORDER CONTROL LAW,\n2018; TO AMEND CERTAIN DEFINITIONS IN THE CUSTOMS AND BORDER\nCONTROL LAW, 2018; TO PROVIDE FOR THE IMPOSITION AND REGULATION OF\nADMINISTRATIVE\nPENALTIES;\nAND\nFOR\nINCIDENTAL\nAND\nCONNECTED\nPURPOSES\nENACTED by the Legislature of the Cayman Islands.\n1.\nShort title and commencement\n1.\n(1) This Law may be cited as the Customs and Border Control (Amendment) Law,\n2019.\n(2) This Law shall come into force on such date as may be appointed by Order\nmade by the Cabinet and different dates may be appointed for different\nprovisions of this Law and in relation to different matters.\n2.\nAmendment of section 2 of the Customs and Border Control Law, 2018 -\ninterpretation\n2.\nThe Customs and Border Control Law, 2018, in this Law referred to as the\n\u201cprincipal Law\u201d is amended in section 2 in the definition of \u201cbearer negotiable\ninstrument\u201d by inserting after paragraph (a) the following paragraphs  \u2014\n\u201c(aa) bearer bonds;\n\nClause 3\nCustoms and Border Control (Amendment) Bill, 2019\n\nPage 8\nIntroduced\nc\n\n (ab) postal orders;\u201d.\n3.\nAmendment of section 12 - prohibited and restricted goods\n3.\nThe principal Law is amended in section 12 by inserting after subsection (5) the\nfollowing subsections \u2014\n\u201c(6) Regulations made under this section may prescribe that the\ncontravention of the regulations constitutes an offence for which the\nperson is liable \u2014\n(a) on \u2014\n(i)  summary conviction, to a fine of ten thousand dollars or\nto imprisonment for a term of one year, or to both; and\n(ii) conviction on indictment, to a fine of fifteen thousand\ndollars or to imprisonment for three years, or to both; or\n(b) to an administrative penalty, of a fine not exceeding ten\nthousand dollars.\n(7) Regulations made under this section may also prescribe that the\ncontravention of the regulations constitutes an offence and the\ngoods, in respect of which the offence was committed, are liable to\nforfeiture.\n(8) Notwithstanding subsection 6(b), where a person makes a false\ndeclaration or false disclosure under the regulations made under this\nsection, the person is liable to an administrative penalty up to the\nvalue of the difference between the amount declared and the total\namount being carried.\u201d.\n4.\nInsertion of sections 71A, 71B, 71C, 71D - administrative penalties; service\nand payment of ticket, etc.\n4.\nThe principal Law is amended by inserting after section 71 the following\nsections \u2014\n\n\u201cAdministrative penalties\n71A.(1) Notwithstanding that certain penalties are by this Law expressed to\nbe mandatory, the Director may, in the Director\u2019s discretion, impose\ninstead an administrative penalty set out in Schedule 1.\n(2) Where the Director imposes an administrative penalty set out in\nSchedule 1, the Director shall serve the person with a ticket in the\nform set out in Schedule 2.\n(3) Where a person is served with a ticket under subsection (2), the\npayment of the administrative penalty stated in the ticket up to\ntwenty-eight days after being served discharges the person from\n\nCustoms and Border Control (Amendment) Bill, 2019\nClause 4\n\nc\nIntroduced\nPage 9\n\nliability upon conviction for the offence set out in the ticket and\npayment of any mandatory or other penalties, but does not affect\nany liability to forfeiture under this Law.\n(4) Payment of an administrative penalty under this section shall be\nmade to the Customs and Border Control Service, and all\nadministrative penalties shall, unless otherwise expressly stated,\nform part of the general revenue of the Islands.\n(5) In any proceedings, a certificate that payment of the administrative\npenalty was or was not made to the Customs and Border Control\nService by the date specified in the certificate shall, where the\ncertificate is signed by the Director, be sufficient evidence of the\nfacts stated unless the contrary is proved.\n\nService and payment of ticket\n71B. (1)  Service of a ticket on the person whom an officer has reason to\nbelieve committed an offence is effected where the officer \u2014\n(a)\ndelivers a copy of the ticket to the person;\n(b)  leaves a copy of the ticket at the last known place of business\nor abode of the person; or\n(c)   sends a copy of the ticket by registered mail to the last known\nplace of business or abode of the person.\n(2)  An officer who serves a ticket shall complete and sign a certificate\nof service stating that the ticket was, on the date set out in the\ncertificate, served on the person whom the officer had reason to\nbelieve committed the offence and the certificate shall be evidence\nthat, on the date set out in the certificate, a ticket was served on the\nperson whom the officer had reason to believe committed the\noffence.\n(3)   Upon being served a ticket, a person may \u2014\n(a)  pay the total amount set out in the ticket in accordance with\nsubsection (4);\n(b)  enter a \u201cnot guilty\u201d plea in accordance with section 71C(1); or\n(c)  attend the summary court on the date set out in the ticket and\nenter a plea.\n(4)   The payment of the total administrative penalty set out in the ticket\nwithin twenty-eight days of being served constitutes a discharge\nfrom liability for conviction for the offence.\n\nClause 4\nCustoms and Border Control (Amendment) Bill, 2019\n\nPage 10\nIntroduced\nc\n\nTrial after not paying ticket or not agreeing to ticket\n71C. (1)  A person who is served with a ticket and who wishes to enter a \u201cnot\nguilty\u201d plea may request a trial by signing the request for trial in the\nticket and delivering the ticket to the Clerk of the Court within\ntwenty-eight days of being served with the ticket and the Clerk of\nthe Court shall enter the plea of \u201cnot guilty\u201d.\n(2) As soon as practicable after a person requests a trial under\nsubsection (1), the Clerk of the Court shall notify the Customs and\nBorder Control Service of the request, request the duplicate ticket,\nfix the time and place of the trial and notify the defendant and the\nprosecution of the time and place of the trial.\n(3) A person who has been served with a ticket and has not paid the\ntotal amount set out in the ticket in accordance with section 71B(4),\nnor entered a \u201cnot guilty\u201d plea in accordance with subsection (1),\nshall attend at the court on the date specified in the ticket, which\nshall be no earlier than thirty-eight days after the date that the ticket\nwas served on the person and the notice of the court date in the\nticket shall be notice to the defendant and the prosecution of the\nsame.\n(4) The Customs and Border Control Service shall, within forty-eight\nhours of the expiration of the twenty-eight day period after a ticket\nis served, file with the Clerk of the Court every ticket that remains\nunpaid after twenty-eight days of having been served.\n(5) A ticket filed with the Clerk of the Court is evidence of the facts\nalleged in the ticket without proof of the signature of the person\nappearing to have completed the ticket or the person on whom the\nticket was served.\n(6) Except as otherwise provided, a notice or document required or\nauthorized to be given or delivered under this section may be given\nor delivered personally by registered mail or by other prescribed\nmeans.\n(7) Evidence that a notice or document required or authorized to be\ngiven or delivered to a person under this section was sent by\nregistered mail or any other prescribed means to the person at the\nlast known place of abode or business address appearing on a ticket,\ncertificate of service or other document in the court file, is sufficient\nevidence that the notice or document was given or delivered to the\nperson unless the contrary is proved.\n(8) A person who is convicted of an administrative offence in a trial\nrequested under subsection (1) or in a trial as a result of a failure to\npay the total amount set out in the ticket in accordance with section\n\nCustoms and Border Control (Amendment) Bill, 2019\nClause 5\n\nc\nIntroduced\nPage 11\n\n71B(4) is liable, in addition to any mandatory penalty and\nforfeiture, on summary conviction to a fine of one thousand dollars\nor to imprisonment for a term of six months, or to both.\n(9) The ticket, for the purposes of a trial, is deemed to be a complaint\nwithin the meaning of section 14 of the Criminal Procedure Code\n(2019 Revision).\n(10) Notwithstanding anything in law to the contrary, where the ticket\nremains unpaid at the expiration of the time specified for the\npayment of the administrative penalty or where the person served\nrequests a trial, the ticket shall be deemed to be a summons in\naccordance with section 15 of the Criminal Procedure Code (2019\nRevision).\n(11) Proceedings in respect of an offence deemed to be instituted by a\nticket under this Law shall not be listed for hearing in court\nunless \u2014\n(a)\nthe officer delivers the duplicate of the ticket with a certificate\nstating that the payment of the administrative penalty has not\nbeen received within the twenty-eight day period within which\nit was payable; and\n(b) a period of ten days has elapsed from the last day on which the\nadministrative penalty was payable.\n(12) Where the administrative penalty is not paid within the time\nspecified in the ticket or the person served requests a trial,\nproceedings in respect of the offence specified in the ticket shall be\nin accordance with the procedure set out for Category C offences\nunder the Criminal Procedure Code (2019 Revision).\n\nAmendment of Schedules\n71D.\nCabinet may, by Order, amend Schedules 1 and 2.\u201d.\n5.\nAmendment of section 79 - recovery of penalties\n5.\nThe principal Law is amended in section 79 by inserting after the word \u201cfees\u201d the\nwords \u201c, administrative penalties\u201d.\n6.\nAmendment of section 80 - register\n6.\nThe principal Law is amended in section 80 by inserting after the word \u201cfees\u201d\nwherever the word appears, the words \u201c, administrative penalties\u201d.\n7.\nAmendment of section 133 - general regulations\n7.\nThe principal Law is amended in section 133 as follows \u2014\n(a) by renumbering section 133 as section 133(1); and\n\nClause 8\nCustoms and Border Control (Amendment) Bill, 2019\n\nPage 12\nIntroduced\nc\n\n(b) by inserting after the newly renumbered section 133(1) the following\nsubsections \u2014\n\u201c(2) Regulations made under this section may prescribe that the\ncontravention of the regulations constitutes an offence for which the\nperson is liable \u2014\n(a) on \u2014\n(i)\nsummary conviction, to a fine of ten thousand dollars or\nto imprisonment for a term of one year, or to both; and\n(ii) conviction on indictment, to a fine of fifteen thousand\ndollars or to imprisonment for a term of three years, or to\nboth; or\n(b) to an administrative penalty, of a fine not exceeding ten\nthousand dollars.\n(3) Regulations made under this section may also prescribe that the\ncontravention of the regulations constitutes an offence and the\ngoods, in respect of which the offence was committed, are liable to\nforfeiture.\u201d.\n8.\nInsertion of Schedules 1 and 2- administrative offences; form of ticket\n8.\nThe principal Law is amended by inserting the following Schedules \u2014\n\u201cSchedule 1\n(section 71A(1) and (2))\nAdministrative Offences\nDescription of administrative offence\nAdministrative Penalty\n1. Making a false declaration or false disclosure\nin respect of money being transported into or\nexported out of the Islands\nA fine up to the value of the difference between the\namount declared and the total amount being carried\n\nCustoms and Border Control (Amendment) Bill, 2019\nClause 8\n\nc\nIntroduced\nPage 13\n\nSchedule 2\n(section 71A(2))\nForm of Ticket\nFRONT OF TICKET\nTicket Number:\nTime:\n\nDate:\nName of Individual:\n_________________________________________________\n\nLocation:\n_______________________________\nList of administrative offences\nNo.\nDescription of administrative\noffences\nAdministrative penalty\nTick relevant\nbox and state\nparticular\nprovision\n1\nMaking a false declaration or false\ndisclosure in respect of money being\ntransported into or exported out of\nthe Islands\nA fine up to the value of the difference\nbetween the amount declared and the\ntotal amount being carried\n\u25a1\n\nI,\nthe\nundersigned\ncustoms\nand\nborder\ncontrol\nofficer,\nhave\nreason\nto\nbelieve\nthat\n____________________________________________________\nhas committed the following\n                             (Name of person)\nadministrative  offence described in the second column with the respective administrative penalty in the third\ncolumn \u2014\n___________________________________________________________________________________\nthe facts being that ___________________________________________________________________\n_______________________________________________________________________________________\n_______________________________________________________________________________________\n___________________________________________________________________________________\n(Provide a summary of the facts of the offence and the provision contravened)\nTime\nand\nplace\nat\nwhich\nadministrative\noffence\ncommitted:\n_______________________________________________________________________________________\n___________________________________________________________________________________\nThis\nadministrative\noffence\ncarries\nan\nadministrative\npenalty\nof\n$____________________________________________\n\nClause 8\nCustoms and Border Control (Amendment) Bill, 2019\n\nPage 14\nIntroduced\nc\n\nThe person to whom this ticket is served \u2014\n(a)\nmay pay the administrative penalty prior to the ________ day of ______________ 20_______;\n(b)  may enter a plea of \u201cnot guilty\u201d up to twenty-eight days after being served and indicate now an\nintention to plead \u201cnot guilty\u201d by ticking box \u25a1; or\n(c)\nupon non-payment, shall attend the Summary Court:\n(i)\nin Grand Cayman, at 10 am on Tuesday, ____________20_____; or\n(ii)\nin Cayman Brac, at 10 am on Thursday, _____________20 _____.\n\nI am an officer authorized by the Customs and Border Control Service and I certify that I served this ticket on\nthe person named on the date and time stated above.\n\n_______________________                           _______________________________\n                 (Name of Officer)\n                                                    (Signature)\n\nCriminal proceedings shall not commence until the expiration of the time specified in the ticket, not\nbeing less than thirty-eight days after being served with this ticket. If you fail to pay the\nadministrative penalty or to attend court, a warrant of arrest may be issued and you may be kept in\ncustody until you can be brought before the court.\n\nPLEASE SEE BACK OF TICKET\n\nBACK OF TICKET\nPLEASE READ CAREFULLY\n1.\nPAYMENT\nYou may discharge liability to conviction by delivering a copy of this ticket and the total amount of the penalty\nset out in this ticket to the Customs and Border Control Service at the address indicated below prior to the\ndate set out at paragraph (a) on the front of the ticket, being twenty-eight days after the service of this ticket.\n\nPayments may be made in cash. Payments by cheque or by money order are to be made payable to the\nCayman Islands Government. Please print the ticket number on the front of the cheque or money order.\n2.       PLEA OF NOT GUILTY\nIf you wish to plead not guilty, deliver a copy of the ticket to the Clerk of the Court within twenty-eight days of\nbeing served with this ticket. You must attend court on the date given at paragraph (c) on the front of the\nticket. You may deliver the copy of the ticket to the Clerk of the Court \u2014\n(i)\nwhere the ticket is served in Grand Cayman by taking a copy of the ticket to the Criminal\nRegistry at the court, George Town on any working day between 9 am and 3 pm; or\n(ii)\nwhere the ticket is served in Cayman Brac or Little Cayman, by taking a copy of the ticket to\nthe Customs and Border Control Service at one of the addresses below.\n3.\nFAILURE TO PAY\nConsequent on your failure to pay the administrative penalty specified in paragraph (a) or to enter a plea\nunder paragraph (b), you are summoned to appear, where served in Grand Cayman in the Summary Court at\nGeorge Town, or where served on Cayman Brac or Little Cayman, in the Summary Court in Cayman Brac at\n10:00 a.m. on the date set out at paragraph (c) on the front of the ticket.\n\nIf you fail to appear, the magistrate may issue a warrant of arrest to compel your attendance. The date of the\nhearing shall be no less than thirty-eight days after the service of the ticket.\n\nCustoms and Border Control (Amendment) Bill, 2019\nClause 8\n\nc\nIntroduced\nPage 15\n\nNOTICE\nThis ticket may be used as evidence of the Customs and Border Control Service.\nSubmit or send payment to: The Customs and Border Control Service at Owen Roberts International\nAirport in the case of Grand Cayman or the Charles Kirkconnell International Airport in the case of Cayman\nBrac or Little Cayman\n\nHours of operation : 6:00 am to 10:00 pm\n\nOR\n\nSubmit or send payment to: The Customs and Border Control Service at P.O.Box 898, 42 Owen Roberts\nDrive, Grand Cayman, KY1-1103 or at P.O.Box 240 District Administration Building in Cayman Brac or Little\nCayman\n\nHours of operation : 8:30 am to 5:00 pm\n\nPassed by the Legislative Assembly the     day of                   , 2019.\n\nSpeaker\n\nClerk of the Legislative Assembly","akn_extracted_at":"2026-06-22 15:41:10.84395+00","cms_id":"2019-0028","law_type":"bill","year":"2019","number":"28","title":"2019-0028","status":"bill"},"provenance":{"files":[{"file_id":"6998","expr_id":"2199","kind":"akn_xml","filename":"2019-0028.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2019\/2019-0028\/2019-0028.akn.xml","content_md5":"88a1a2c87c821a92aa8f0c08d8ec314a","byte_size":"24828","http_last_modified":null,"fetched_at":"2026-06-22 15:41:10.936846+00"},{"file_id":"4397","expr_id":"2199","kind":"pristine_pdf","filename":"2019-0028.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2019\/2019-0028\/2019-0028.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/BILLS\/2019\/2019-0028\/2019-0028.pdf","content_md5":"e98c8f1db7605baad991f5c6107e81d4","byte_size":"526596","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.284603+00"},{"file_id":"4398","expr_id":"2199","kind":"working_pdf","filename":"2019-0028.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2019\/2019-0028\/2019-0028.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2019\/2019-0028\/2019-0028.pdf","content_md5":"e98c8f1db7605baad991f5c6107e81d4","byte_size":"526596","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.284603+00"}],"paragraph_count":3,"latest_history":null},"quality":{"expr_id":"2199","doc_id":"2199","quality_state":"known_issue","quality_score":"47","needs_human_review":"t","deterministic_categories":"{commencement_metadata_problem,duplicate_text,page_header_footer_noise,title_mismatch}","llm_categories":"{}","repair_actions":"{collapse_duplicate_text,strip_page_furniture,verify_commencement_metadata,verify_title_metadata}","finding_severity_counts":"{\"low\": 1, \"high\": 1, \"medium\": 2}","finding_summary":"stored title is not visible in the opening extracted text; repeated line furniture detected: cayman islands x3; customs and border control x3; amendment bill 2019 x3","assessed_at":"2026-06-22 15:29:46.212656+00","updated_at":"2026-06-22 15:29:46.212656+00"}}