CHAPTER IV TER⁴³
AUTHORITY OF CUSTOMS
IN THE JOINT DEVELOPMENT AREA

Section 37 six.- In this Chapter

“Joint Development Area” means the Joint Development Area under the Law on Thailand-Malaysia Joint Authority.
“Customs Approved Goods” means goods in respect of which customs duties are exempted under both the laws of the Kingdom of Thailand and Malaysia relating to customs.

Section 37 septem.- The regulations relating to the movement of goods imported into or exported from the Joint Development Area shall be in accordance with the criteria, procedures and conditions stipulated by the Director-General with the approval of the Minister and shall be published in the Government Gazette.

Section 37 octo. - Subject to Section 37 novem, Section 37 decim and Section 37 tredecim (4), the Customs Department still assumes all authorities of Customs in respect of articles imported into or exported from the Joint Development Area.

Section 37 novem. - Any goods entered into or exported from the Joint Development Area shall be subject to the following criteria:

(1) Any goods entering the Joint Development Area from:
(a) any country other than the Kingdom of Thailand or Malaysia, any licensed warehouse or any bonded area of either the Kingdom of Thailand or Malaysia shall be deemed an import; and
(b) the Kingdom of Thailand or Malaysia shall be deemed an internal movement provided they are Customs approved goods, equipment and materials for use in the Joint Development Area.

(2) Any goods produced in the Joint Development Area entering the Kingdom of Thailand or Malaysia or a third country shall be deemed an export.
(3) Any goods which has entered the Joint Development Area under Paragraph (1) (b) and is to be moved into the Kingdom of Thailand or Malaysia shall be subject to the law of either the Kingdom of Thailand or Malaysia, as the case may be.

Section 37 decim. - Any goods falling within the category of goods appearing in both the lists of prohibited goods made in accordance with the law of the Kingdom of Thailand and Malaysia, respectively, shall not be permitted to be brought into the Joint Development Area, except where an exemption is required in respect of any specific importation. Such exemption may be made with the agreement of the competent authorities of the Kingdom of Thailand and Malaysia.

Section 37 undecim. -A Customs Form as stipulated by the Director-General shall be used for the purpose of import, export and internal movement of goods in the Joint Development Area.

Section 37 duodecim. -An official and competent official shall have authority in Customs clearance, including tax and duty collection as provided by this Act, and shall exercise such authority in the Joint Customs Office.

“Joint Customs Office” means the Office of the Joint Customs Committee established in the Headquarters of the Joint Authority for the purpose of the coordination of the administration of Customs and Excise laws in the Joint Development Area.

“Joint Customs Committee” means the committee comprising officers of the Customs Department and officers of Customs and Excise Authority of Malaysia established for the purpose of the coordination of the administration of the Customs and Excise laws in the Joint Development Area.

act shall be that whose officer first makes an arrest or seizure in respect of the alleged offence;

(3) Provided such act is an offence under the Customs-related laws of both the Kingdom of Thailand and Malaysia in respect of which there are simultaneous arrests or seizures by both the Customs Department and the Customs and Excise Authority of Malaysia, the jurisdiction over the alleged offence shall be determined through consultation between such Authorities.

(4) Proceeds from any sale of forfeited goods which are the produce of the Joint Development Area shall be equally shared by the Kingdom of Thailand and Malaysia.

Section 37 quattuordecim. - For the benefit of this Chapter, the term the “Royal Kingdom of Siam,” “Royal Territory,” and “Kingdom” herein shall mean the “Joint Development Area.”

Section 37 quindecim. - The Central Tax Court, the Provincial Court of Songkhla or the Criminal Court shall assume jurisdiction to try any Customs case relating to the Joint Development Area.”

CHAPTER V
Importation

Section 38.⁴⁴ The master of every vessel, whether loaded or in ballast, coming from outside the boundary territory of the Kingdom shall make due report to the competent official on the prescribed form (Schedule 1) within twenty-four hours of arriving at a port. When making such a report, the master of the vessel shall produce for inspection the certificate of registry of his vessel, and such report shall be made before the bulk is broken unless specially allowed otherwise. If any vessel arriving at a port is loaded with foreign goods intended for exportation or landing elsewhere within the Kingdom, the master shall make a statement of such goods in his report. If such vessel proceeds to another port within the Kingdom, the master shall carry a “traveling copy” of such report, duly certified by the competent official, and produce it when he makes his arrival report at such other port and every subsequent port until the vessel exits or until all the foreign goods has been discharged, as the case may be. Any infringement of the provisions of this section shall be liable to a fine not exceeding one hundred thousand Bath, and all goods not duly reported shall be liable to detention until so reported, or until the omission is explained to the satisfaction of the Director-General.

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43. As added by section 3 of the Customs Act (No. 20), B.E. 2548 (2005).

44. As amended by section 4 of the Customs Act (No. 19), B.E. 2548 (2005).