Customs and Excise
(Import and Export Control) (Jersey) Order 2006
1 Interpretation
In this
Order, unless the context otherwise requires –
“1992 Order”
means the Import and Export (Control) (Jersey) Order 1992;
“2000 Law”
means the Firearms
(Jersey) Law 2000;
“Agent” means
the Agent of the Impôts;
“Channel Islands”
includes the territorial sea adjacent to Jersey and the territorial sea
adjacent to the Bailiwick of Guernsey;
“licence”
means a licence granted under Article 4;
“photographic image”
means a recording of light or other radiation on any medium on which an image
is produced or from which an image may by any means be produced.
2 Prohibition
on importing and exporting goods
Subject to the provisions
of this Order –
(a) a
person shall not import goods into Jersey;
(b) a
person shall not export goods from Jersey; or
(c) a
person shall not ship goods as ships’ stores.
3 Exemptions
from Article 2
(1) Notwithstanding
Article 2 –
(a) a
person may import or export any goods (other than goods that are shipped as
ships’ stores) under the authority and in compliance with the terms and
conditions of a licence;
(aa) a person may
import or export bovine semen from or to another British Island or a member
State of the European Community;
(b) a
person may import any goods –
(i) proved to the
satisfaction of the Agent to have been brought to Jersey from any other of the
British Islands, and
(ii) that
are not specified in Schedule 1 or 2;
(c) a
person may export any goods to any other of the British Islands except goods
specified in Schedule 1 or 3;
(d) a
person may import or export electrical energy by means of the submarine cable
that enters Jersey at Archirondel in the Parish of St. Martin; and
(e) a
person may ship any goods as ships’ stores where –
(i) the Agent is
satisfied that the goods are intended for use or consumption aboard the ship,
(ii) the
shipment is permitted in writing by the Agent, and
(iii) all
terms and conditions attached to the Agent’s permission are complied
with.[1]
(2) Notwithstanding
Article 2 and without prejudice to the generality of paragraph (1)(a) –
(a) a
person may, under the authority and in compliance with the terms and conditions
of a licence, import any goods that are specified in Schedule 1 or 2; and
(b) a
person may, under the authority and in compliance with the terms and conditions
of a licence, export any goods specified in Schedule 1 or 3.
4 Licence
(1) The
Minister may grant a licence to import or export goods.
(2) Without
prejudice to the generality of paragraph (1), a licence granted under this
Order shall be in writing and may –
(a) apply
generally in respect of the goods to which it relates; or
(b) relate
to –
(i) the person to
whom it is granted and the goods in respect of which it is granted, or
(ii) the
specified goods in respect of which it is granted,
and may make different provision
for different goods or classes of goods.
(3) The
Minister may –
(a) include
a condition or exception in a licence in respect of the goods or classes of
goods to which it relates;
(b) provide
that the licence shall expire on a specified date unless renewed; and
(c) modify
or revoke a licence.
(4) A
licence under this Order may make provision for the importation or exportation
of any goods to which –
(a) an enactment
of the Parliament of the United Kingdom (whether or not it has been extended to
Jersey by an Order in Council) and any subordinate legislation made under it
applies;
(b) a
Community instrument, within the meaning of the European Communities (Jersey)
Law 1973, applies; or
(c) an
international obligation of the United Kingdom that has been extended to Jersey
applies.
5 Permission
for shipping of goods as stores
(1) The
Agent may give permission in writing for the shipping of goods as ships’
stores.
(2) The
Agent may –
(a) include
a condition or exception in a permission in respect of the goods or classes of
goods to which it relates;
(b) provide
that the permission shall expire on a specified date or otherwise; and
(c) modify
or revoke a permission.
6 Designated
port and customs airport
(1) No
goods shall be –
(a) unshipped,
landed or put on shore; or
(b) shipped,
put off or waterborne to be shipped for exportation,
at any place other than a
port or customs airport designated in accordance with Article 12 of the Customs and Excise
(Jersey) Law 1999.
(2) Paragraph (1)
does not apply to goods to which Article 3(1)(d) or (e) refer.
7 Prohibition
on importation or exportation by other enactment
Nothing in this Order, or
any licence or permission granted under it, shall be construed as operating to
permit the importation or exportation of any goods whose importation or exportation
is restricted or prohibited by any other enactment.
8 Transitional
provisions
(1) This
Article applies to –
(a) a
licence granted by the Minister or the Agent under the 1992 Order in
relation to any specified person or goods that is in force when this Order
comes into force; and
(b) a
permission granted by the Agent under the 1992 Order that is in force when
this Order comes into force.
(2) After
the coming into force of this Order –
(a) the
Minister may, during the transitional period referred to in paragraph (3),
modify or revoke a licence to which this Article applies; and
(b) the
Agent may, during the transitional period referred to in paragraph (3), modify
or revoke a permission to which this Article applies.
(3) The
transitional period referred to in paragraph (2) is the period that
commences when this Order comes into force and ends on the date on which the
licence or permission ceases to have effect.
9 Citation
This Order may be cited
as the Customs and Excise (Import and Export Control) (Jersey) Order 2006.
Schedule 1[2]
(Article 3)
GOODS for which licence to
IMPORT OR EXPORT is required
Goods that shall not be
imported or exported except under the authority and in compliance with the
terms and conditions of a licence.
1. Any
indecent or obscene thing.
2. Any
thing –
(a) being a book, magazine or other publication
consisting wholly or mainly of pictorial matter; or
(b) being
or containing a recording capable, with or without the use of other equipment,
of reproduction in visual, audio or audio-visual form,
which is of a kind likely
to fall into the hands of children or young persons and portrays –
(i) the commission of
crime,
(ii) any
act of violence or cruelty, or
(iii) any
incident of a repulsive or horrible nature,
in such a way that it
would as a whole tend to corrupt a child or young person into whose hands it
might fall.
3. Any
dog of –
(a) the
type commonly known as –
(i) the Dogo
Argentino,
(ii) the
Fila Braziliera,
(iii) the
Japanese Tosa (or Tosa),
(iv) the
Pit Bull Terrier, or
(v) the XL Bully; or
(b) any
other type which appears to have been bred for fighting.
3A. When
a person is considering whether a dog is of a type listed in paragraph 3,
that person must have regard to guidance (if any) about the dog type published
by the States Veterinary Officer appointed under Article 5 of the Animal Health (Jersey)
Law 2016.
4. Any
decoding equipment that is designed or adapted to be used primarily for the
purpose of enabling the reception of programmes transmitted in the provision of
a proscribed service within the meaning of section 178 of the Broadcasting
Act 1990 of the United Kingdom as that section has effect in Jersey by
virtue of the Broadcasting Act 1990 (Jersey) (No. 2) Order 1991.
5. Any
explosives, within the meaning of the Convention on the Marking of Plastic
Explosives for the Purpose of Detection done at Montreal on 1st March 1991,
other than explosives deemed to be marked for the purposes of that Convention.
6. Any
toxic chemical or precursor (including mixtures of them) listed in Schedule 1
to the Annex on Chemicals to the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical Weapons and on their
Destruction, signed at Paris on 13th January 1993 and any toxic chemical
or precursor listed in Schedule 2 to that Annex or any chemical mixture
containing any such toxic chemical or precursor, or any good containing, or
containing a chemical mixture itself containing, any such toxic chemical or
precursor originating in or consigned from any non-State Party to the
Convention, except –
(a) goods
or chemical mixtures which contain one per cent or less by weight of a chemical
listed in Category A of Schedule 2 to the Convention;
(b) goods
or chemical mixtures which contain 10 per cent of less by weight of a chemical
listed in Category B of Schedule 2 to the Convention; or
(c) consumer
goods that are either packaged for retail sale for personal use or packaged for
individual use.
7. Any
anti-personnel mine or component of an anti-personnel mine, as defined in section
1 of the Landmines Act 1998 of the Parliament of the United Kingdom as
that section has effect in Jersey by virtue of the Landmine Act 1998
(Jersey) Order 2001.
Schedule 2[3]
(Article 3)
GOODS FOR WHICH LICENCE TO
IMPORT IS REQUIRED
Goods that shall not be
imported except under the authority and in compliance with the terms and
conditions of a licence.
1. Bovine
somatotrophin (“BST”).
1A. Bovine
semen (other than bovine semen imported from another British Island or a member
State of the European Community).
2. Bumble
bee (Bombus terrestris terrestris (L) or Bombus terrestris audax (Harris)).
3. HIV
testing kits, that is to say, diagnostic kits the purpose of which is to detect
the presence of human immunodeficiency virus of any type (“HIV”)
and any HIV antibodies, or any component part of such a kit unless the person
importing such a kit is a registered medical practitioner or pharmacist.
4. Cows
milk in liquid form, whether or not processed.
5. Any
of the following firearms and ammunition –
(a) any lethal barrelled weapon of any
description from which any shot, bullet or other missile can be discharged;
(b) any
accessory to such a weapon designed or adapted to diminish the noise or flash
caused by firing the weapon;
(c) any firearm
(including a lethal barrelled weapon) which is so designed or adapted that 2 or
more missiles can be successively discharged without repeated pressure on the
trigger;
(d) any weapon
of whatever description designed or adapted for the discharge of any noxious
liquid, gas or other thing or for inflicting electric shock;
(e) any cartridge
with a bullet designed to explode on or immediately before impact, any
ammunition containing or designed or adapted to contain any such noxious thing
as is mentioned in sub-paragraph (d) and, if capable of being used with a
firearm of any description, any grenade, bomb (or other like missile), rocket
or shell designed to explode on or immediately before impact;
(f) any
shot gun ammunition containing less than 5 pellets larger than .23 of an
inch in diameter;
(g) any smooth-bore
revolver gun having a series of chambers that revolve when the gun is fired
other than one which is chambered for 9mm. rim-fire cartridges or loaded at the
muzzle end of each chamber;
(h) any rocket
launcher or mortar for projecting a stabilized missile, other than a mortar
designed for line throwing or pyrotechnic purposes or as signalling apparatus;
(i) any
component part that is the breech closing mechanism, the trigger mechanism or
the chamber and barrel of any lethal barrelled weapon or other weapon referred
to in sub-paragraph (a), (c), (d), (g) or (h);
(j) ammunition,
including grenades, bombs, and other like missiles, and any ammunition
containing or designed or adapted to contain any noxious liquid, gas or other
things.
6. Paragraph
5 shall not apply to the following –
(a) an air
rifle, air gun or air pistol including a rifle, gun or pistol powered by
compressed carbon dioxide for use under water;
(b) an air
rifle, air gun or air pistol
including a rifle, gun or pistol powered by compressed carbon dioxide with a muzzle energy of less than one foot-pound;
(c) cartridges
containing 5 or more shot, none of which exceeds .23 of an inch in
diameter;
(d) ammunition
for an air rifle, air gun or air pistol including a rifle, gun or pistol powered
by compressed carbon dioxide;
(e) blank
cartridges not exceeding one inch in diameter measured immediately in front of
the rim or cannelure of the base of the cartridge;
(f) any
antique firearm which is acquired as a curiosity or ornament;
(g) firearms
and ammunition, including parts of firearms, where they are
imported by a person who holds a firearms
certificate issued under Article 3 of the 2000 Law and the
importation has been approved by either the Minister;
(h) firearms
and ammunition including parts of firearms where they are imported by a person
who holds a permit issued under Article 50 of the 2000 Law or a
person who is registered as a firearm dealer under Article 20 of
the 2000 Law;
(i) firearms
and ammunition, including parts of firearms where they are imported
by –
(i) a person who is
in the service of the Crown,
(ii) a
police officer, or
(iii) an
officer,
who has purchased or acquired
the firearms or ammunition for the use of the public service in accordance with
Article 13 of the 2000 Law and has obtained the written authorization
of the Minister to the purchase or acquisition.
Schedule 3[4]
(Article 3)
GOODS FOR WHICH LICENCE TO
EXPORT IS REQUIRED
Goods that shall not be exported
except under the authority and in compliance with the terms and conditions of a
licence.
1. Any
of the following items of cultural or artistic value to Jersey –
(a) objects, or other material, of archaeological
interest found within or relating to the Channel Islands;
(b) a
photographic image –
(i) recorded in the
Channel Islands or by any person at any time ordinarily resident in the Channel
Islands,
(ii) more
than 50 years old, and
(iii) of a
value exceeding £500;
(c) a
painting, sculpture or other physical representation –
(i) of the topography
of any part of the Channel Islands,
(ii) of
a person having any connection with any of the Channel Islands,
(iii) commemorating
any event connected with any of the Channel Islands, or
(iv) made
by any person at any time ordinarily resident in any of the Channel Islands,
that is 50, or more,
years old and has a value exceeding £6,000;
(d) a
print –
(i) of the topography
of any part of the Channel Islands,
(ii) of
any person having any connection with any of the Channel Islands,
(iii) commemorating
any event connected with any of the Channel Islands, or
(iv) made
by any person at any time ordinarily resident in any of the Channel Islands,
that is 50, or more, years old and has
a value exceeding £1,000;
(e) any
item of silver made –
(i) in the Channel
Islands, or
(ii) by
a person at any time ordinarily resident in the Channel Islands,
that is 50, or more, years old and has
a value exceeding £1,000;
(f) any
item of furniture made –
(i) in the Channel
Islands, or
(ii) by
a person at any time ordinarily resident in the Channel Islands,
that is 50, or more, years old and has
a value exceeding £3,000;
(g) a
clock made –
(i) in the Channel
Islands, or
(ii) by
a person at any time ordinarily resident in the Channel Islands,
that is 50, or more, years old and has
a value exceeding £3,000;
(h) any
book manufactured or produced –
(i) in the Channel
Islands, or
(ii) by
a person at any time ordinarily resident in the Channel Islands or with a
Channel Island connection,
that is 50, or more, years old and has
a value exceeding £1,000;
(i) any
other item –
(i) manufactured or
produced in the Channel Islands or by a person at any time ordinarily resident
in the Channel Islands,
(ii) that
is more than 50 years old, and
(iii) has a
value exceeding £6,000.
2. Any –
(a) manuscripts,
including maps and musical scores, singly or in collections, more than 50 years
old;
(b) archives,
and any elements thereof, of any kind, on any medium, which are more than 50
years old;
(c) architectural,
scientific and engineering drawings produced by hand, more than 50 years old,
manufactured or produced
in the Channel Islands, or by a person at any time ordinarily resident in the
Channel Islands or with a Channel Island connection;
(d) elements
forming an integral part of artistic, historical or religious monuments, which
have been dismembered.
3. Paragraphs
1 and 2 do not apply to –
(a) a
birth, marriage, civil partnership or death certificate or other document
relating to the personal affairs of –
(i) the person
exporting it, or
(ii) the
spouse or civil partner of that person;
(b) a
letter or any other writings written by or to –
(i) the person
exporting the letter or writings, or
(ii) the
spouse or civil partner of that person; or
(c) any
object that is exported by, and the personal property of –
(i) the person who
manufactured or produced the object, or
(ii) the
spouse, civil partner, surviving spouse or surviving civil partner of that
person.
4. Any
object of cultural interest as described in Schedule 1 to the Export of
Objects of Cultural Interest (Control) Order 2003 of the United Kingdom (S.I.
2759 of 2003) other than an exportation of such objects that complies with
the Open General Export Licence (Objects of Cultural Interest) of the United
Kingdom.
5. Any
goods that would be Category A, B or C goods within the meaning of the Export
Control Order 2008 (S.I. 2008/3231) of the United Kingdom, as amended from
time to time, if those goods were in the United Kingdom.
6. Any
goods that are controlled radioactive sources listed in the Schedule to the Export of Radioactive Sources (Control) Order 2006 (S.I.
2006/1846) of the United Kingdom as amended from time to time.