(a) Should the Customs seal on a container or cargo be broken or tampered with prior to its official release from Customs’ custody, except under the direction of a Customs Inspector, then the person or firm that has accepted delivery of the sealed container or cargo shall be liable for the following administrative penalties levied by the Director of Customs: (1) A fine of not less than One Hundred Thousand Dollars ($100,000) and the seizure of the cargo involved. Seized cargo meeting entry will only be released after payment of the fine or if reasonable payment arrangements are made in good faith. In the event payment arrangement is breached, the Director of Customs may file a request with the Director of the Department of Revenue and Taxation to suspend or revoke the violator's business license and/or garnishment of any tax return. Failure to satisfy the assessed fine shall result in confiscation, forfeiture and disposal of the cargo in accordance with this chapter; and (2) [No text] (A) The suspension of the business license(s) of all principals involved in the violation of this section for one (1) year for first violation unless waived in writing by the Director of Customs based on a written analysis of the degree of culpability including, but not limited to, negligence, gross negligence, or fraud; and (B) The suspension of the business license(s) of all principals involved in the violation of this Section for two (2) years if (2) two violations occur in ten (10) years; or and
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(C) If more than two (2) violations of this Section occur within ten (10) years, the business license(s) of all principals involved shall be permanently revoked. (b) All fines levied under this section shall be deposited in the Fines and Penalties Revolving Fund. All cargo confiscated under this section shall be disposed of as provided for in this Chapter. The Director of the Customs and Quarantine Agency shall immediately notify the License Board created by 11 GCA § 70112 of a violation by any person or firm whose license is to be suspended. (c) Any person or firm charged with a violation of this section shall have the burden of proving by clear and convincing evidence that such person or firm was not responsible for the broken or tampered with seal. SOURCE: GC § 47141, added by P.L. 20-025:1 (June 10, 1989). Amended by P.L 38-136:XII:82 (Aug. 28, 2026). 2026 NOTE: The Compiler has added “no text” to indicate a change in formatting only; the content of the provision has not been altered. Subsection designations modified pursuant to authority granted by 1 GCA § 1606. 2024 NOTE: Reference to the “Legislature” replaced with I Liheslatura pursuant to 2 GCA § 1101. Subsection designations added and modified pursuant to authority granted by 1 GCA § 1606. NOTE: 1. The original law referred to a License Board created by GC § 16026. However, that section dealt with Alien Labor and not with a License Board. The only section creating a License Board is now found in 11 GCA § 70112, which was GC § 16011. 2. Director of Commerce changed to Director of the Customs and Quarantine Agency pursuant to the transfer of functions and creation of the new agency by P.L. 22-112 (Apr. 11, 1994).