Preventive Division

Head Lines

• General Description

• Organization Chart

• Law - Relevant Sections of the Customs Ordinance

• Administration - Fort Preventive Office and its staff

• Operational work

• Megaport

• Information regarding Smuggling -How to receive information

• Sales Section

• Foreign Yachts in Sri Lanka –Procedure

• Contacts

General Description

The Preventive Division is the main law enforcement arm of the Department. It has surveillance over the Port of Colombo, Katunayake International Airport, other Ports, Investments Zones and all other operational areas of the Customs. The Preventive Division derives its authority from the Customs Ordinance and other related laws and regulations.

Main objectives of the Preventive Office are:

• Prevention of Smuggling, Commercial Frauds and Drug Offences

• Detection of frauds, seizure of smuggled goods, investigations, inquiries and prosecution of cases.

• Ensuring due collection of revenue

• Safeguarding socio-economic, cultural and ecological interests of the society

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Organization Chart

Organization Chart (90KB)

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Law - Relevant Sections of the Customs Ordinance

Sections in the Customs Ordinance which are more relevant to the Preventive Division cover the following:

• Section 8 Power to summon and examine witnesses on oath

• Section 9 Power to call for documents.

• Section 12 Prohibitions and Restrictions, inward and outward.

• Section 27 board or landed from any ship/aircraft in any port or place in Sri Lanka.

• Section 28 The Master of every ship/aircraft to report to the Customs.

• Section 29 The Master to deliver cargo manifest

• Section 30 Power to go on board ships/aircraft.

• Section 43 & 44 Action on importation or exportation of goods enumerated in the Table of Prohibitions and Restrictions.

• Section 47 Importer to deliver Goods Declaration (Bill of Entry).

• Section 50 Goods declaration to agree with the manifest and other requisite documents.

• Section 50A Action regarding goods exempted from import duty and other levies conditionally

• Section 52 Action in instances of under valuation

• Section 56 Officers should have full cognizance of all ships/aircraft departing from any port/ aerodrome or any place in Sri Lanka.

• Section 63 General of Customs shall give Certificate of Clearance. Power to board

• Section 64 vessels after clearance.

• Section 107 Power to forfeit any goods not duly entered

• Section 118 Rummaging of vessels.

• Section 119 Action regarding false declarations, signing false documents and untruly answering questions etc.

• Section 124 Power to refuse clearance to any ship/aircraft for non-payment of dues.

• Section 125 Seizure of all goods, ships, boats and vehicles which are declared to be forfeited.

• Section 126 Power to stop, inspect and search of vehicles.

• Section 127 Power to arrest suspected persons

• Section 127A Procedure regarding detention of suspects beyond twenty four (24)hours

• Section 127B The right to take such person to any place for the purpose of investigation.

• Section 127C Restrictions regarding release on bail of suspects accused of offences where the value of the goods is exceeding one million rupees.

• Section 128 Search of premises for uncustomed goods or documents related to Customs offences.

• Section 129 & 130 Imposition of further forfeiture

• Section 131(1) Forfeiture of ships not exceeding 250 tons

• Section 131(2) Detention of ships exceeding 250 tons

• Section 132 Unauthorized removal of goods from Customs premises

• Section 133 Action regarding persons who assist or otherwise concerned in unauthorized removal of goods

• Section 135 Seizure of goods, vessels etc. liable to forfeiture

• Section 138 Power to search persons

• Section 140 The right of person to be searched, for production before a Magistrate or superior officer of Customs

• Section 143 Action regarding ships or boats liable to seizure

• Section 145 Sueing for recovery of penalties and forfeitures

• Section 146 & 147 Trial before a Magistrate and power to compound cases by the Director General of Customs

• Section 152(1) Burden of proof of legal importation

• Section 152(2) Action regarding goods found on sea shore, river banks etc. suspected of intended unauthorized export

• Section 152(3) Relevance of certificate by the Director General of Customs of imported goods as prima facie proof

• Section 154(1) Condemnation and time limit of legal action (within 30 days)

• Section 154(2) Discretionary power to release goods, ships etc against security on appeals by claimants

• Section 154(3) Disposal of goods on application by the Director General of Customs to the court

• Section 166(1) & 166(2) Action regarding thefts

• Section 166(A) Offences non bailable under Sections 129 and 130

• Section 166(B) Criteria for determining penalties under certain penal sections

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Administration - Fort Preventive Office and its staff

Fort Preventive Office
The Fort Preventive office is the Headquarters of the Preventive Division. The Fort Preventive Office monitors sea surveillance and field operations which include raids, searches, erecting Customs barriers, investigations, detections and seizures. Cases of smuggling and other offences detected by the Preventive Division and Agencies like the Police, the Armed Services, Sri Lanka Ports Authority etc. are produced to the Fort Preventive Office. On completion of investigations, by the Preventive staff, a formal inquiry is held by an Assistant Director or a Deputy Director.

The Fort Preventive office comprises of the following sections

• Administration

• Investigations (Operational work)

• 'P' Branch

• Prosecution (Operational work) and

• Sales

'P' Branch
This branch deals with all correspondence arising out of detections and maintains the relevant files. It attends to distribution or bringing into account the proceeds of sales, penalties and further forfeitures in accordance with the Departmental Orders framed under Section 153 of the Customs Ordinance. 'P' branch briefs the Administration regarding all Customs cases, which are handled by the Preventive Division.

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Operational work

• Sea Surveillance

• General

Sea surveillance by the Preventive Staff covers the Port the outer Harbour area and the territorial waters of Sri Lanka. Customs control commences with the arrival of a ship within territorial waters of Sri Lanka. The Master should not break bulk or in any other manner alter the stowage of cargo in the ship until the Report of the ship is made at the Customs House by the Master or the Agents of the Ship. There are, however, various requirements which must be observed on arrival of a ship in a Sri Lanka Port before the ship's report is presented to the Customs.If a ship is above 100 tons register, she may not enter or leave a Port proclaimed under the Pilots Ordinance-without having a Pilot on board. The Ports which have been so proclaimed are Colombo and Galle. The Master or Agents of any vessel arriving must fill in and return to the Pilot an Arrival Report Form which is supplied by the Pilot on boarding the vessel. Every vessel arriving at a Port in Sri Lanka shall be liable to Quarantine provided that the proper authority may exempt from any or all of the provisions of these regulations.Every vessel arriving at a Port shall before entering the Port or Harbour display the appropriate Quarantine signal which shall be:

• By day -Q. Flag -signifying -& I request pratique or other appropriate flag signifying -ship had or is having suspected cases of infectious diseases

• By night -A red light over a white light signifying I have not received pratique.

The appropriate quarantine signal shall not be lowered until the Port Officer has given pratique.When the Port Health' Officer goes on board, the Master or other al thorized officer shall give a declaration orally or in writing regarding any infectious diseases on board, de-ratting of the ship etc:, as he may require. Before pratique is granted, no person shall leave or no person except a Pilot in the employment of Sri Lanka Ports Authority, shall go on board a vessel, no boat shall be lowered from nor shall any boat lie alongside a vessel, except for the purpose of taking up the Pilot or saving life or of mooring the vessel or of fixing to the vessel a landing pontoon authorized for the purpose by the proper authority, and unauthorized person shall approach within 50 yards of a vessel nor shall any such person transmit to or receive from the vessel any article without permission from the proper authority. After the pratique has been granted, the Customs would board the vessel.

• Harbour Officer

Assistant Preventive Officer who boards every vessel on arrival in any Port in Sri Lanka is called the Harbour Officer or Boarding Officer.Customs formalities on board the ships. viz. Scrutinising of ships papers and collection of the following documents from the Master or other authorized officer of the ship.

• Last Port clearance

• Preliminary Report in duplicate

• Bonded Stores form in duplicate

• Crew list in triplicate

• Private property declaration

• Currency declaration

• Passenger list

• Cargo manifest

Pay special attention as to whether narcotic drugs, psychotropic substances, weapons and ammunition, animals and plant and pornographic materials are available on board with a view to take appropriate action. Attends to the sealing of the ship's bonded store after releasing the requirements of liquor, cigarettes and tobacco taking into consideration the number of crew members and the number of days the ship will be in the Port.

• Marine Branch

The Marine Branch is responsible for carrying out sea patrol within the port and the territorial waters of Sri Lanka and for rummaging of suspected ships, sailing vessels and yachts. All launches and craft b, longing to the Customs are under the control of the Marine Branch. Officers in the Marine Branch liaise with informants regarding any violations of Customs law and other related laws. All information received by the Department regarding smuggling operations in the sea are passed on to this Branch for follow up action.

• Land Surveillance

Land surveillance covers all gates of the Port of Colombo, Port warehouses, guard posts, Customs Bonded Warehouses, Bonded Premises and Board of Investment Zones etc. It also covers land and beach patrols and road checks. Whenever necessary the Preventive staff do random examinations of goods imported or exported or re-examination of goods released by Customs at any Customs premises or other place, in order to detect or prevent any discrepancies or irregularities with regard to import and export consignments.
Preventive staff on duty:

• Chief Assistant Preventive Officer (Gates)

• Assistant Preventive Officer (Land) - Night Duty

• Officer in Charge Kochchikade preventive office

• Chief Assistant Preventive Officer - Katunayake Sub Preventive Office

• Out – Ports Duty officers

Assistant Preventive Officers and Customs inspectors II are stationed at the out-ports of Galle, Beruwala, Negombo, Mukkutoduwawa, Trincomalee, jaffna, Kankasanturai, Velvetithurai, Point Pedro, Kayts and Mannar to attend to the preventive work in these Ports. There is also a Preventive Post at Free Trade Zone, Biyagama. Of these ports, Beruwala, Negombo, Mannar, Velvatithurai, Point Pedro, Kayts and Mukkutoduwawa are preventive ports. A Superintendent of Customs (SC/APO) or an A.P.O is inchange of each of these ports. In the ports of Galle, Trincomalee, Kankasanturai and jaffna the Preventive Staff is under a Senior Superintendent of Customs who is responsible for all Customs Administrative and operational work in the port. However, the administrative and operational control of these outports lies with the District Secretary, (Govt. Agent) and the Divisional Secretary of the respective Districts.

• Investigations

Investigations commence consequent to receipt to information from informants concerning any violations of Customs laws or on observations made by the officers themselves. Please see Heading 6 of this Manual for Procedure to be followed regarding receiving of information. On conducting of preliminary investigations, if it is observed that there is a prima facie case, the Investigating Officers should seize the goods as they are liable to forfeiture under Section 135 of the Customs Ordinance. The goods should be seized and brought to the Preventive office together with the suspects and any connected documents etc. While acting on an information or during the course of an investigation it may be necessary to raid certain premises. Such raids should be conducted only on search warrants issued by the Director-General. For detailed information regarding raids and search warrants please see Heading 5.4. After the seized goods (productions) have been brought to the Preventive Office, a comprehensive inventory should be made.

Inventory
Detailed inventory in three copies, of the productions should be prepared in the presence of the suspect and the producing officer by the APOO who investigate.

Recording of Statements
Statements should be recorded from the complainant producing officer, suspects and all other concerned in the course of investigation

• Raids

Raids during normal hours are authorized by DC(P)/ DDC(P)/ ADC(P). Outside normal hours, raids are authorized by the SO on duty in consultation with DC(P) and in his absence after consulting DDC(P)/ADC(P). Generally, dwelling houses are not raided after sunset. If such a raid is absolutely necessary after dark, the DGC's authority should be obtained. Raids are also conducted as a follow-up after a detection to elicit more evidence such as incriminating documents.

Search Warrants
Search warrants are issued under the provisions of Sec. 128 of the Customs Ordinance by the Director-General of Customs or any officer authorized by him in writing to any officer of the Customs for the search of any building or place for uncustomed goods or goods referred to in Schedule 'B' and documents pertaining to Customs offences.

• Prosecution

Main task of the Prosecution Section of the Preventive Office is fil ing of plaint and prosecuting the cases in Courts. Whenever further forfeitures and penalties imposed under the Customs Ordinance are not paid plaint has to be filed and action taken to report to Courts in terms of Sec. 146. There are also the cases where the aggrieved offender files action in the District Court lodging a claim for the goods or vehicles etc. forfeited under the Customs Ordinance. In such instances officers in the prosecution Section attends to the Courts procedure connected with the cases and assist the State Attorney in the proceedings.

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Megaport

Megaport Initiative at Port of Colombo (81KB)

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Information regarding Smuggling -How to receive information

When any information is received, the recipient should question the informant in detail and satisfy himself that the information is not of a malicious nature. He should thereafter, tell the informant that his name and the information will be treated as absolutely confidential and if the informant is willing, his statement should be recorded giving the following details:

• Full name and address of the informant

• Age and occupation

• Date, time and place of receipt of information

• Gist of the information, which should be specific

There may also be genuine informants who may not be willing to subscribe their signatures to a written statement or may wish to remain anonymous and not claim rewards in the event of the information materializing. In such cases a report to this effect should be made by the recipient to his superior officer.
The statement of the informant or the report of the recipient, as the case may be, should be put into, an envelope. The name of the recipient and a brief description of the information, ego " Information regarding illegal export of goods at ……..on….."should be written on the face of the envelope and should thereafter be sealed by the recipient with his private seal, if any, or signing across the flap of the envelope and handed over to his immediate superior who will in turn hand over the sealed envelope to the Director/ Deputy Director/Assistant Director personally, with minimum delay, with his signature and endorsement on the envelope.
As far as possible, before action is taken i.e. raid, ambush, etc., the informant’s statement should be thus recorded and dealt with. The Director/Deputy Director /Assistant Director will keep the sealed envelope unopened in his personal custody. When a detection materializes and a report is made, the reporting officer, who would generally be the recipient, should include in his report a statement that the informant's name so handed over was put into a sealed envelope and handed over to the Direcor/ Deputy Director/ Assistant Director on After the inquiry is completed, and final order given, would cause the registered number of the case to be noted on the appropriate envelope containing the information.
When the informant's reward is to be paid, the sealed envelope will be opened in the presence of the informant and the recipient, and the signature and other details of the informant verified.
Information received on telephone should be dealt with on the following lines:

• When an informant wishes to remain anonymous or gives a fictitious name and is not prepared to call over personally, such information should not be acted upon indiscriminately, but should be put up to the DC/DDC/ADC and action taken only after definite instructions have been obtained.

• Where an informant who gives information on telephone expresses his willingness to call over personally, action should be taken as at para 1 or 2 above.

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Sales Section

Goods forfeited and seized under the Customs Ordinance where an appeal has not been made against the forfeiture within 30 days of the date of forfeiture, are sold as provided under section 162 of the Customs Ordinance. Sales are arranged by the Central Sales Section of the Department and sales are done by tender following the approved tender procedure whereby bids values are approved by the Departmental Tender Board. It is the responsibility of the Sales Section of the Preventive Division to secure the forfeited/seized goods until they are finally disposed of.

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Foreign Yachts in Sri Lanka –Procedure

The detailed procedure in regard to the arrival and departure of Yachts in Sri Lanka Ports is contained in Departmental Circular No. 396 of 27th March, 1980. Officers both in the Port of Colombo and out-ports who are engaged in customing Yachts should strictly follow the undermentioned procedure:

• On Arrival

No Yacht should be permitted to anchor in any place other than in the Ports of Colombo, Galle, Trincomalee, jaffna and Kankesanthurai. The Police or any other Peace Officer, will direct yachts that are anchored in any other places to any of the above Harbours or Ports. All Masters of Yachts when arriving into any Port or Harbour should inform the Harbour Master or his representative, giving the name of the Yacht, and where no Harbour Master is available report to the nearest Customs Office or nearest police Station, immediately on arrival.

Health
An officer of the Department of Health will board the vessel and after inspection. grant pratique.

Customs
On arrival of the yacht, the Customs Boarding Officer will board the vessel and request the master to fill in the Customs forms Nos. 4,6 And 11 and hand them over to him. Special care must be taken to ensure that the Master has declared:

• Any narcotic drugs or psychotropic substances

• Weapons and Ammunition

• Animals, birds and plants

• Pornographic material and literature

• Any dutiable goods or any other restricted goods.

In addition to the above, the Port Clearance Certificate issued at the last Port of call and the cargo manifest, if any, should also be obtained. Thereafter action should be taken to rummage the Yacht. Pleasure craft are liable to rummage in the same way as commercial vessels and officers are reminded of the need to rummage, wherever necessary.

Immigration
The master of the yachts should furnish:

• Crew manifest in triplicate (the crew manifest form will be supplied to the Master of the vessel)

• If there are any passengers or any crew to be discharge, the names, nationalities and passport numbers should be given to the Immigration authorities or Police

All passengers or members of the crew discharged should obtain a landing endorsement from the Immigration Officer or Police officer before they leave the Harbour. It is an offence for a person who is not a crew member or ceases to be a member to land in Sri Lanka without a landing endorsement made by the Immigration authorities or Police.

The Master of the yacht should not engage any person as a member of the crew whilst the yacht is in a Sri Lanka port or anchorage, without obtaining permission from the Immigration authorities or Police. A new Crew List should be furnished to the nearest Police Post whenever there is a change of crew.

Police
A police officer shall board the vessel and carry out such functions as may be allocated to him from time to time.

Anchorage
The Ports Authority will demarcate an area in the port or Harbour where all yachts should be anchored. No yacht should be moved from its original mooring without the permission of the Harbour Master or his representative. No yacht should be hauled ashore without the permission of the Harbour Master or his representative. No yacht can leave any Port in Sri Lanka until the Customs Officer issues a Clearance Certificate. If the yacht is coasting, the Customs Officer will issue a Clearance Certificate for visit to such coastal ports/anchorages.

Masters of the yachts are advised to appoint local agents in Sri Lanka who would act on their behalf in all matters regarding the yacht in its occupants. This will facilitate the implementation of all formalities. The master of the yachts shall pay any fees that are levied by the Ports Authority. Any articles to be un-shipped or to be put on board, including ship's stores, should have the permission of the Customs. At least one member of the crew should be on the craft at all times for the purposes of Police, Immigration and Customs control. All occupants of yachts should embark and disembark at the appointed places at each Port or Harbour in the island.

• On Departure

On departure the Customs Officer should ensure that he issues a Clearance Certificate. If the Yacht is coasting, the Customs officer should issue a Clearance Certificate for visit to such coastal Port or anchorage with a view to ensuring that surveillance is maintained from time of arrival of the Yacht up to its final departure. No articles should be un-shipped or re-shipped (including ship's stores) without the permission of the Customs Officer. Customs surveillance should always be maintained when the Yacht is anchored in any of the Ports mentioned above or at other point of anchorage. If there are any difficulties in contacting the crew during the period of anchorage the local agents should always be contacted.

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