Outward Clearance of Vessels and Aircraft

Section 88 – 92 of EACCMA, 2004 as read with Regulations 88 – 102 of EACCMR, 2010 provide the legal framework for outward clearance of vessels and aircraft.
The master or agent of every aircraft/vessel or vehicle in which any goods are to be exported, should make a report outward to the proper officer on the Customs prescribed form- form C2.
An aircraft or vessel, whether laden or in ballast, shall not depart from any port or place in a Partner State to any foreign port unless a certificate of clearance has been granted in respect of such aircraft or vessel.
The certificate of clearance of a vessel departing to a foreign port shall be in accordance with form C14.
In the case of an aircraft, while the report of cargo is made using form C2, the master of the aircraft also delivers to a proper officer a general declaration for the aircraft using from C4.
A copy of form C4 signed by the proper officer shall be the certificate of clearance of the aircraft.

Where the master or agent of any aircraft, or of any vessel of less than two hundred and fifty tons register, makes application for a certificate of clearance, then he or she shall at the same time:
1. deliver to the proper officer an outward manifest on the prescribed form and in the prescribed manner;
2. produce to the proper officer all such documents as the proper officer may require relating to such aircraft or vessel and its cargo, stores, baggage, crew, and passengers;
3. answer all questions which the proper officer may ask relating to such aircraft or vessel and its cargo, stores, baggage, crew, and passengers.

Where the master or agent of any vessel of two hundred and fifty tons register or more makes application for a certificate of clearance, then the proper officer may grant such clearance subject to an undertaking by such master or agent to deliver to the proper officer, within twenty-four hours of the grant of such certificate of clearance, the outward manifest of such vessel in the prescribed form and in the prescribed manner, and to answer all such questions as he or she may be asked relating to such vessel, its cargo, stores, baggage, crew, and passengers.

Where any aircraft or vessel proposes to depart to a foreign port in ballast, then such aircraft or vessel shall be cleared in ballast, that is to say, the words “in ballast” shall be written in those parts of the forms relating to such aircraft or vessel which contain provisions for the particulars of its cargo; and for the purpose of this subsection, an aircraft or vessel shall be deemed to be in ballast when such aircraft or vessel carries, in addition to the crew and its stores, only passengers and their bona fide personal baggage.
The outward manifest of a vessel shall be in accordance with form C2 and shall contain particulars of all cargo shipped in accordance with the description of the cargo in the relevant bill of lading or freight note, together with the weight or cubic measurement of such cargo. Each page of the outward manifest, other than the page bearing declaration statement and signature, shall be initiated by the master, or his/her agent.

- The proper officer may permit the master or agent of any aircraft or vessel to amend any obvious error in the outward manifest, or to supply any omission which, in the opinion of the proper officer, results from accident or inadvertence, by furnishing an amended or supplementary outward manifest in the prescribed manner.
- Where any certificate of clearance has been granted but the aircraft or vessel in respect of which it was granted has not left the limits of the port in which it was granted, then the proper officer may inform, either orally or in writing, the master of such aircraft or vessel that such certificate of clearance has been cancelled and may require the return of such certificate, and thereupon such certificate shall be deemed never to have been granted.
- The proper officer may board any aircraft or vessel in a Partner State after clearance and require the master thereof to produce such certificate of clearance and to answer any questions relating to such aircraft or vessel, its cargo, stores, baggage, crew, and passengers. These powers enable Customs to maintain adequate controls over outward conveyances and loaded export goods, until they leave the territorial waters of a Partner State.

- The proper officer may permit the master or agent of any aircraft or vessel to amend any obvious error in the outward manifest, or to supply any omission which, in the opinion of the proper officer, results from accident or inadvertence, by furnishing an amended or supplementary outward manifest in the prescribed manner.
- Where any certificate of clearance has been granted but the aircraft or vessel in respect of which it was granted has not left the limits of the port in which it was granted, then the proper officer may inform, either orally or in writing, the master of such aircraft or vessel that such certificate of clearance has been cancelled and may require the return of such certificate, and thereupon such certificate shall be deemed never to have been granted.
- The proper officer may board any aircraft or vessel in a Partner State after clearance and require the master thereof to produce such certificate of clearance and to answer any questions relating to such aircraft or vessel, its cargo, stores, baggage, crew, and passengers. These powers enable Customs to maintain adequate controls over outward conveyances and loaded export goods, until they leave the territorial waters of a Partner State.

Outward Clearance of Motor Vehicles

Vehicles and goods, other than those for temporary exportation as provided for in Regulations 132-135 of EACCMR 2010, which are exported overland shall be entered using form C17.
A person in charge of a vehicle, whether or not it is conveying goods, shall report to a proper officer the full particulars of the vehicle and goods, using form C2.
The person in charge of a vehicle departing from a Partner State must ensure that such a vehicle departs through an appointed port as provided for under Section 11 of EACCMA, 2004. In addition, before departing, he/she shall:
1. Report his/her intended departure to a Customs officer.
2. Furnish on the prescribed forms all information related to the vehicle and goods for exports.
3. Fully and immediately answer all relevant questions put to him/her by the proper officer.
4. Produce any consignment notes or any relevant documents demanded by the proper officer.
5. Make due entry of the vehicle and goods for export.