Section 39. If the master of the vessel reports that he does not know the contents of any package intended for exportation in such vessel, the customs official may order such package to be opened for examination, and if any goods, the importation of which are prohibited, are found therein, such good shall be forfeited unless the Director-General shall permit their exportation.

Section 40.⁴⁵ Before the release of any goods from the custody of the Customs, the importer shall have fully complied with this Act and other laws relating to the Customs, made due submission of the shipment entry, and paid the full amount of duty or deposited cash security. The application for depositing cash security shall be in accordance with the regulations prescribed by the Director-General.

In the case where there is an application and the Director-General considers it necessary for any goods to be released from the custody of the Customs urgently, he shall have the power to release such goods from the custody of the Customs without prior compliance with the provisions of paragraph one but under the conditions specified by him, and in the case where the goods may be dutiable, cash or other securities to his satisfaction shall be required as a guarantee for the payment of duty.

Section 41. If it is in any way necessary in connection with the Customs to determine the precise time at which the importation of any goods is deemed to have been completed, such time shall be deemed to be the time at which the vessel importing such goods came within the limits of the port of discharge or consignment.

Section 42.⁴⁶ (Repealed)

Section 43.⁴⁷ If upon the expiration of ten days after the arrival of a vessel there remains on board such vessel or there remains goods landed but for which a shipment entry has not been submitted or which have not been examined or duly delivered, such goods may forthwith be taken into the custody of the Customs, and may be kept in a place of security at the owner’s expense. All expenses, which may include a rent charge prescribed by the Minister in a Ministerial Regulation, shall be paid before the goods are delivered from custody.

Section 44.⁴⁸ If any goods remain on board any importing vessel beyond a period of twenty-one days after its arrival, a competent official may detain such vessel until all the expenses of watching and guarding as prescribed in the Ministerial Regulations and any other expense which may have been incurred have been paid, but the Director-General may exempt the charges upon production of reasonable proof that the delay is unavoidable.

CHAPTER VI
Exportation

Section 45.⁴⁹ Before the exportation of any goods from the Kingdom, an exporter shall have fully complied with this Act and other laws relating to the Customs, duly submitted a shipment entry and paid the full amount of duty or deposited cash security. An application for the deposit of cash security shall be in accordance with regulations as prescribed by the Director-General.

In the case where there is an application and the Director-General considers it necessary for any goods to be exported urgently, he shall have the power to allow the exportation of such goods without prior compliance with the provisions of paragraph one but under the conditions specified by him, and in the case where the goods may be dutiable, cash or other securities to his satisfaction shall be required as a guarantee for the payment of duty.

Section 46. If it is in any way necessary in connection with the Customs to determine the precise time at which the exportation of any goods is deemed to have been completed, it shall be deemed that exportation has been completed as from the time at which the vessel exporting such goods left the limits of the port of final departure from the Kingdom.

Section 47. Before any goods are loaded onto a vessel or transported for loading onto a vessel for exportation from the Kingdom, two copies of a shipment entry in the prescribed form (Schedule 5) shall be lodged with and accepted by the competent official.

Section 48. No export goods shall be loaded onto any vessel, until the competent official has granted an “inward clearance” unless special permission has been granted.

Section 49.⁵⁰ Before any vessel, whether loaded or in ballast, is cleared for departure from the Kingdom, the master, or in his unavoidable absence a person authorized in writing by him, shall report to the competent official at the Customs House and shall answer any question of the competent official concerning the vessel, the goods, and the voyage and shall deliver to such official an account of goods in such vessel in the form prescribed in Schedule 6 or such other form as may be prescribed by the Director-General. The master shall produce, for inspection, the vessel’s certificate of registry, inward clearance and such other evidence as may be required that all due charges on the vessel or goods have been paid for.

Upon due satisfaction that the law has been complied with, a clearance in the form prescribed in Schedule 7 shall be granted by the competent official. A clearance fee shall be charged in accordance with the scale as prescribed in a Ministerial Regulation.⁵¹

If any vessel departs from a port in the Kingdom for foreign regions without a clearance or without complying with the requirements of the following sections, the master, or in his absence, his agent, if proven to have acted in collusion with him, shall be liable to a fine not exceeding one hundred thousand Bath.⁵²

Section 50.⁵³ If any vessel having received a clearance at one port proceeds to any other port in the Kingdom to load goods for exportation, the master shall, after loading such goods at such other ports, deliver to the competent official thereat a written account of the additional goods loaded and shall also produce the clearance granted at the first port of departure. Such performance shall be repeated at every port until a final clearance is obtained for departure from the Kingdom. In each instance the additional clearance certificate shall be attached to the clearance certificate issued at the first port of departure. A fee shall be charged for each additional clearance certificate, in accordance with the scale as set forth in the Ministerial Regulations.

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45. As amended by article 8 of the Announcement of the National Executive Council No. 329 dated 13th December B.E. 2515 (1972).

46. As repealed by section 9 of the Customs Act (No. 9), B.E. 2482 (1939).

47. As amended by section 4 of the Customs Act (No.10), B.E. 2483 (1940).

48. Ibid.

49. As amended by article 9 of the Announcement of the National Executive Council No. 329 dated 13th December B.E. 2515 (1972).

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

51. As amended by section 4 of the Customs Act (No. 10), B.E. 2483 (1940).

52. As amended by section 5 of the Customs Act (No. 3), B.E. 2497 (1954).

53. As amended by section 6 of the Customs Act Amendment (No. 3), B.E. 2474 and by section 4 of the Customs Act (No. 10), B.E. 2483 (1940).