Arrival & Reporting of Aircraft, Vessel, Vehicle and Other Conveyances

Stephen Otieno

Arrival & Reporting of Aircraft, Vessel, Vehicle and Other Conveyances

Section 21-32 of EACCMA, 2004 as read with Regulations 11-38 of EACCMR, 2010 provide the legal basis for Customs procedures on arrival and reporting of conveyances to a Partner State.
The conveyances, whether laden or in ballast, arriving at any port in a Partner State are under Customs control.
The persons in charge of these conveyances must therefore act in accordance with Customs Law.

Procedure on Arrival of Aircraft or Vessel

- Sec 24(1) of EACCMA, 2004 requires that the master or agent of every aircraft or vessel whether laden or in ballast to make a report on a prescribed form to the proper officer at any port or other place especially allowed by the proper officer, of an aircraft or vessel, of its cargo or stores, and of any package for which there is no Bill of lading, as follows:
  1. in the case of a vessel, not less than 24 hours before arrival from a foreign port;
  2. in the case of an aircraft, immediately after takeoff from a foreign port destined to a port in a Partner State.
- The ocean/air cargo manifest is therefore submitted to the proper officer of the Partner State to which a conveyance is destined, at least 24 hours before arrival of a vessel and upon wheels up in the case of an aircraft.

With regards to a cargo manifest, the following is the role of a Freight Logistician:

1. 1. 1. To submit inward reports of all aircrafts, vessels and vehicles arriving from or leaving for a foreign port;
    2. To liaise with a proper officer in case there is need to amend a manifest and to give reasons for the amendment to the satisfaction of the officer;

Arrival & Reporting of Aircraft, Vessel, Vehicle and Other Conveyances

The following is required of a master of every aircraft or vessel upon arrival in a Partner State:
1. To only direct the aircraft or vessel to land, touch at, or enter a port;
2. To come as quickly as possible to the port or an approved place of mooring or unloading, without touching any other place;

To avail the aircraft or vessel for boarding;
To remain at the proper place and not depart from there, except where there is authority to depart directly to another approved place of mooring or unloading, or directly to another port on place in the Partner State, or to a foreign port, in accordance with EACCMA, 2004;
To ensure that after departure of aircraft or vessel, he/she does not land any good within the Partner State except in accordance with EACCMA, 2004, or with the permission of the proper officer, or for some cause which the master can explain to the satisfaction of such proper officer.

Arrival Overland

Cargo may arrive overland by motor vehicles, trains, pipeline or other means such as animals.
A person in charge of conveying goods must bring them into a Partner State through a port appointed under Section 11 of EACCMA, 2004 except where otherwise permitted.
Section 29 of EACCMA, 2004 provides that the person in charge of a vehicle arriving overland, whether or not conveying goods, shall:
1. Report his or her arrival to the officer stationed at the frontier port at which he or she entered the Partner State;
2. Furnish on the prescribed form such information as may be required concerning the vehicle or any such goods;
3. Make and subscribe a declaration (form C17) as to the truth of all particulars contained in such form;
4. Fully and immediately answer all relevant questions put to him or her by the proper officer;
5. Produce all consignment notes or other relevant documents demanded of him or her by the proper officer;
6. Make as provided in the Customs laws, due entry of the vehicle and of any such goods.
Where cargo arrives on board a cross-border (international) train, the Customs area is the border railway station.

Section 31 of EACCMA, 2004 provides that a person conveying goods by any other means, other than by vehicle and train, is required to fulfil obligations of reporting, documentation, answering questions and declaration, similar to those cited under Section 29 of EACCMA, 2004.
Section 32 of EACCMA, 2004 specifically provides for wet cargo, such as petroleum and gas, arriving overland by pipeline.
The operator of the pipeline is required to:
1. Report and record the nature and quantities imported through the pipeline, in the manner prescribed by the Commissioner;
2. Provide apparatus and appliances that enable proper record keeping and report writing, as specified by the Commissioner.

Boarding & Rummaging

The proper officer is supposed to first board a vessel, with the exception of the port pilot, health officer and any other public officer who in the exercise of their duties and duly authorized, may board the vessel before the proper officer.
Upon boarding a vessel or aircraft, the proper officer may do the following:
- Ask questions
- Collect required documentation for clearance of the vessel or aircraft
- Seal dutiable stores
- Process a certificate of clearance
- Rummaging.

Inward Report Amendment and Supplementary Inward Report

Section 24 (4) and 24 (5) of EACCMA, 2004 provides that the proper officer may permit the master or agent of an aircraft or vessel to amend the destination, ownership or status of goods specified in the inward report, or to amend an obvious error or omission in the report.
The following is the Customs procedure for amendment of an inward report:
1. Shipping line/ agent or Airline/agent submits a request for amendment of manifest;
2. All required details for amendment are filled in and two supporting documents are attached: a manifest corrector and affidavit;
3. Reasons for amendment are given online by the Shipping line/ agent or Airline/agent;
4. Customs officer approves amendment;
5. Shipping line/ agent or Airline/agent pays amendment fee of USD 10.

Amendment of inward report may be necessitated by excess landed or short landed cargo, as provided for in Regulation 26 of EACCMR, 2010.
For approval to be granted in the case of short landed cargo, the Customs officer must satisfy himself/herself that the goods:
1. Were not shipped; or
2. Were discharged and landed at a previous port; or
3. Were overcarried and landed at a subsequent port; or
4. Having been overcarried, have been returned to and landed at a port in any EAC country on the return voyage, or
5. By some other aircraft or vessel which they were overcarried; or
6. Were lost at sea; or
7. Were stolen or destroyed before the aircraft or vessel arrived within an EAC country.

Excess landed cargo is manifested using a supplementary manifest. The following steps give the Customs:

1. 1. Shipping line/ agent or Airline/agent creates a supplementary manifest either through a manual or automated process as prescribed by the Commissioner;
  2. The supplementary manifest is registered once the shipping line/ air line counter checks and confirms that all the details captured are correct;
  3. Customs officer verifies the submitted supplementary manifest and approves it, if all details are found to be okay;
  4. Shipping line/ agent or Airline/agent pays supplementary manifest fee, USD 10.

Coasting Vessels and Aircraft

Goods conveyed by sea or air from any part of a Partner State to another part thereof shall be deemed to be carried coastwise.
Aircraft or vessel conveying such goods by air or sea shall be deemed to be coasting aircraft or coasting vessel.
The conveyance of goods by sea includes conveyance by inland waters, such as Lake Victoria.
Section 96 to 109 of EACCMA, 2004 as read together with Regulations 123 to 130 of EACCMR, 2010 provides the legal framework for clearance of coasting conveyances and goods carried coastwise.

Procedures for Clearing Coasting Vessels or Aircraft

Upon arrival of a coasting vessel or aircraft at a port in a Partner State from a foreign place, the proper officer may permit such aircraft or vessel to carry goods coastwise from such port to another port within a Partner State, or to carry goods on transfer from such port to a port in another Partner State, upon the presentation by the master of a transire.
The master or agent of a coasting vessel aircraft or vessel intending to depart coastwise or carrying goods for transfer, shall deliver to the proper officer an account in triplicate on the prescribed form containing the particulars of all cargo taken on board for carriage coastwise or for transfer; and the original thereof, dated and signed by the proper officer, shall constitute the grant of transire for the carriage of the goods specified therein. In the case of a coasting aircraft or coasting vessel, the transire shall serve as the certificate of clearance for such aircraft or vessel for the coastwise voyage

When any goods are carried coastwise or are transferred under the provisions of this section, then the loading, unloading and delivery of the goods shall be subject to any regulations and to such conditions as the Commissioner may impose;
Goods for carriage coastwise or transfer shall be unloaded from or loaded on to any aircraft or vessel at an approved place of loading or at a sufferance wharf;
All goods which have been unloaded or landed from a coasting vessel or a coasting aircraft shall, if the proper officer so requires, be conveyed forthwith to a Customs area or transit shed;
All goods which have been transferred by road shall, if the proper officer so requires, be conveyed forthwith, to a Customs house or to such other place as the proper officer may direct;