Sec. CHAPTER 55-CUSTOMS SERVICE SUBCHAPTER 1-GENERALLY 761. Control, by Governor, of articles or merchandise; regulations. 762. Powers of customs officers. 763. Fees of customs officers. SUBCHAPTER II-OFFENSES AND PENALTIES; OTHER ENFORCEMENT PROVISIONS 781. Customs offenses generally; penalties. 782. Seizure and confiscation of articles illegally imported or obtained. 783. Penalty for omitting merchandise from manifest; forfeiture; exception. 784. Penalty for omission of sea stores from list or landing of sea stores; forfeiture. Subchapter I-Generally § 761. Control, by Governor, of articles or merchandise; regulations The Governor has control, for customs purposes, over all articles introduced into the Canal Zone, including passengers' baggage, and shall establish, and from time to time may amend, regulations governing the: (1) entry and importation of goods into the Canal Zone; and (2) disposition of goods brought into the Canal Zone in violation of the regulations. § 762. Powers of customs officers Customs officers in the Canal Zone, including deputy shipping commissioners and boarding officers when performing duties in relation to customs, have general powers of search, seizure, and arrest. In the exercise of these powers, they may: (1) enter any building other than a dwelling house; (2) stop vessels and vehicles; (3) search vessels, vehicles, and their contents; and (4) stop and search persons and packages carried by them. Rights of entry, stopping, search, seizure, and arrest conferred by this section shall be exercised only when there are reasonable grounds for suspecting violations of the customs regulations issued pursuant to section 761 of this title or of the United States applicable in the Canal Zone. § 763. Fees of customs officers A customs officer of the Canal Zone may collect a fee, equivalent to the fee prescribed by the United States consular regulations for the same act or service when performed by consular officials, whenever he: (1) certifies an invoice, landing certificate, or other similar document; (2) registers a marine note of protest; or Subchapter II-Offenses and Penalties; Other Enforcement § 781. Customs offenses generally; penalties Whoever: (1) enters or imports, or attempts to enter or import, any arti. cles or merchandise into the Canal Zone before the entry or importation thereof has been approved by the proper officers of the Canal Zone; or (2) passes, or attempts to pass, a false, forged, or fraudulent invoice, bill, or other paper, for the purpose of securing the entry or importation of any articles or merchandise into the Canal Zone in violation of the regulations issued pursuant to section 761 of this title; or (3) violates a regulation issued pursuant to section 761 of this title shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. § 782. Seizure and confiscation of articles illegally imported or obtained Articles brought into or obtained in the Canal Zone in violation of regulations issued pursuant to section 761 of this title may be seized and held, and, unless entered in conformity with the regulations within a period of 30 days from the date of seizure, may be confiscated and disposed of as provided in the regulations. § 783. Penalty for omitting merchandise from manifest; forfeiture; exception If a vessel arriving at the Canal Zone from a port, other than a port in the Canal Zone or the Republic of Panama, is found to have on board merchandise not manifested, the master of the vessel shall be liable to a penalty equal in amount to the value of the merchandise not manifested, and the merchandise belonging to or consigned to or for the officers or crew of the vessel shall be forfeited. The penalty may not be imposed if it is made to appear to the customs officers, or to the court in which the trial is held, that no part of the cargo has been unloaded except as accounted for in the master's report, and that the errors and omissions in the manifest were made without fraud or collusion. In that case the master may be allowed to correct his manifest by means of a post entry. A permit may not be granted to unload merchandise so omitted from the manifest before post entry or addition to report or manifest has been made. § 784. Penalty for omission of sea stores from list or landing of sea stores; forfeiture If sea stores are found on board a vessel from a port, other than a port in the Canal Zone or the Republic of Panama, which are not specified in the list furnished the boarding officer, or if a greater quantity of sea stores is found than that specified in the list, or if sea stores are landed without a permit being first obtained from the customs officer for that purpose, the master of the vessel shall be liable to a penalty treble the value of the sea stores so omitted or landed, and the sea stores so omitted or landed shall be seized and forfeited. See. CHAPTER 57-DOMESTIC ANIMALS 811. Regulations relating to the keeping and impounding of domestic animals. 812. Penalties for violation. § 811. Regulations relating to the keeping and impounding of domestic animals The Governor shall prescribe, and from time to time may amend, regulations: (1) governing the keeping of domestic animals within the Canal Zone; (2) prescribing where and under what conditions domestic animals may be permitted to be at large, and when, where and under what conditions domestic animals shall be confined; and (3) providing for the: (A) impounding of animals; (B) charges to be paid for the impounding and care of animals if claimed by the owner; (C) disposition of unclaimed animals; and (D) disposition of the proceeds of the sale of unclaimed animals, if sold. § 812. Penalties for violation Whoever violates a regulation issued pursuant to section 811 of this title shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. Sec. CHAPTER 59-EXCLUSION AND DEPORTATION OF PERSONS 841. Regulations governoring entry, passage, detention, and deportation of persons; penalties. 842. Punishment for returning after imprisonment and deportation. 843. Revocation of deportation order or permission to re-enter temporarily; punishment for violation. § 841. Regulations governing entry, passage, detention, and deportation of persons; penalties (a) The President shall prescribe, and from time to time may amend, regulations governing the: (1) rights of persons to enter, remain upon or pass over any part of the Canal Zone; and (2) detention of persons entering the Canal Zone in violation of the regulations, and their return to the countries whence they came, on the vessels bringing them to the Canal Zone, or other vessels belonging to the same owners or interests, and at the expense of the owners or interests. (b) Whoever violates a regulation issued pursuant to this section shall be fined not more than $500 or imprisoned in jail not more than one year, or both. (c) The Canal Zone Government may withhold the clearance_of a vessel referred to in subsection (a) (2) of this section until any fine imposed pursuant to subsection (b) of this section and the cost of maintenance of the person convicted are paid. § 842. Punishment for returning after imprisonment and deportation Except as provided by section 843 of this title, whoever, after having served a sentence of imprisonment in the Canal Zone and having been deported therefrom, voluntarily enters the Canal Zone for any purpose, shall be imprisoned in the penitentiary not more than two years, or in jail not more than one year. § 843. Revocation of deportation order or permission to re-enter temporarily; punishment for violation (a) The Governor may: (1) at any time, for good cause shown, revoke an order deporting a person following service of a sentence of imprisonment in the Canal Zone; or (2) by permit or regulations, authorize a person who has been deported following service of a sentence of imprisonment in the Canal Zone to pass through or return temporarily to the Canal Zone, and prescribe the route over which he must travel while in the Canal Zone. (b) Whoever violates the terms of a permit or of a regulation issued pursuant to subsection (a) (2) of this section, or remains in the Canal Zone after the expiration of his permit, shall be punished as provided by section 842 of this title. Sec. CHAPTER 61-FOREIGN CORPORATIONS GENERALLY 871. Corporation; joint stock company. 872. Application for license to do business; service of process; filing fee. 873. Additional requirements for insurance companies. 874. Annual statement and license tax for insurance companies. 875. Issuance of license. 876. Continuance after first license period. 877. Revocation of license. 878. Loss of benefit of statute of limitations. 879. Penalties for violation; validity of contracts. 880. Corporations dealing in securities. 881. Surrender of license to do business. 882. Service of process after revocation or surrender of license. § 871. Corporation; joint stock company As used in this chapter, "corporation" includes joint stock companies. § 872. Application for license to do business; service of process; filing fee (a) A corporation organized under the laws of a State of the United States or of a foreign country may not do business in the Canal Zone or maintain an office therein until it has filed with the executive secretary of the Canal Zone Government: (1) an application for a license setting forth: (A) the name of the corporation; (B) the names of its officers and directors; and (C) the general nature of the business in which it desires to engage in the Canal Zone; (2) a copy, duly certified by the officer authorized by law to certify it, of the: (A) articles of incorporation; (B) charter; or (C) statutory, executive, or governmental acts creating the corporation, when it has been so created; (3) an affidavit sworn by an authorized officer of the corporation stating the amount of its authorized capital stock at or within 60 days prior to the filing. (4) a designation of a person residing within the Canal Zone upon whom process issued under any law of the Canal Zone may be served, and his place of business or residence, and a certified copy of the minutes of the board of directors of the corporation authorizing the designation. (b) Process served on the person designated by the corporation or, if he can not be found at the place designated, or if a person is not designated, on the executive secretary of the Canal Zone Government, is a valid service on the corporation. When the executive secretary is served with process he shall without delay communicate the same to the corporation concerned at its last known address. A default judgment may not be entered against the corporation in an action in which process is served on the executive secretary until at least 60 days after the date of the service. (c) A corporation licensed pursuant to this chapter shall also file with the executive secretary any change in the provisions of its original articles of incorporation. (d) With the application for license there shall also be paid $10, which shall cover the filing fee and annual license fee for the remainder of the calendar year during which the license is issued. § 873. Additional requirements for insurance companies In addition to the other requirements of this chapter, an insurance company organized under the laws of a State of the United States or of a foreign country shall file the following documents: (1) a certificate of an authorized official, showing that the company is authorized to transact business in the State or country under whose laws the company is organized; (2) a duly certified copy of the last annual statement of the insurance company to an authorized official in the State or country where the company is organized; (3) a deposit with the executive secretary of the Canal Zone Government of $10,000 in cash or current marketable securities, which shall be held in trust by the executive secretary for the account of the company, to satisfy any judgment that may be rendered against the company, under insurance policies that it may issue. § 874. Annual statement and license tax for insurance companies An insurance company licensed pursuant to this chapter shall file with the executive secretary of the Canal Zone Government before March 1 of each year a verified statement showing the business transacted within the Canal Zone by the company during the previous calendar year and a duly certified copy of its annual report to an authorized official of the State or country in which the company is organized. Upon a showing of good cause therefor, the executive secretary may extend the time for filing the statement for a period not exceeding two months after March I. An insurance company licensed pursuant to this chapter shall pay before March 1 of each year, in lieu of all other taxes except the annual fee provided for by section 876 of this title, a license tax equal to 12 percent of its net premium receipts in the Canal Zone for the preceding calendar year. § 875. Issuance of license Upon compliance by a corporation with the conditions prescribed by sections 872-874 of this title, and if the Governor is satisfied that the business desired to be transacted is proper, legitimate and permissible under the laws of the Canal Zone, and not in conflict with the policy of administering the Canal Zone as an adjunct of the Panama Canal, he may issue a license to do business in the Canal Zone. § 876. Continuance after first license period The right of a corporation to continue to do business for the calendar year, and the successive calendar years, after the calendar year during which the original license was issued, shall be contingent upon: (1) compliance with the provisions of this chapter applicable to corporations licensed under it; (2) payment of a license fee of $10, payable in advance, on January 1 of each year; and (3) designation of a new process agent before March 1, if the process agent previously designated has ceased during a preceding calendar year to reside within the Canal Zone. § 877. Revocation of license The Governor may revoke a license issued pursuant to this chapter if, upon examination, he is satisfied that the operations of the corporation are conducted in an illegal manner, or in a manner contrary to public policy or to the policy of administering the Canal Zone as an adjunct of the Panama Canal. |