Title 5 — Government Operations

If any vessel from a foreign port or place arrives within the limits of Guam and departs or attempts to depart, except from stress of weather or other necessity, without making a report of entry under the provisions of this Chapter, or if any merchandise is unladen therefrom befo…

If any consignor, seller, owner, importer, consignee, agent, or other person or persons enters or introduces, or attempts to enter or introduce into the commerce of Guam any imported merchandise by means of any fraudulent or false declaration, affidavit, letter, paper or by means…

The following fees will be charged by the Customs and Quarantine Agency for the issuance of Certificates of Origin: For certificates wherein the stated value of the merchandise ranges from: $ 0.01 to $ 100.00 a fee of $ 0.25 $ 100.01 to $ 500.00 a fee of $ 0.50 $ 500.01 to $ 1,00…

[Repealed.] SOURCE: GC § 47136; amended by P.L. 14-121:2 (April 18, 1978), P.L. 14-126:2 (May 12, 1978), P.L. 15-125:17 (Apr. 30, 1980), P.L. 16-111:II:3 (Oct. 7, 1982) and P.L. 21-042:4 (Sept. 15, 1991). Repealed by P.L. 23- 045:IV:18(c)(i) (Oct. 18, 1995).

[Repealed.] SOURCE: GC § 47137 added by P.L. 14-096:1 (Dec. 31, 1977); Repealed and reenacted by P.L. 16-111:II:2 (Oct. 7, 1982); Repealed and reenacted by P.L. 19-010:XI:41(b) (Nov. 14, 1987). Repealed by P.L. 23-045:IV:18(c)(ii) (Oct. 18, 1995).

Goods brought into Guam by an export trading company as defined by § 26101(d) Title 11, Guam Code Annotated which are produced or manufactured in the United States or are produced or manufactured on Guam for the purpose of export from Guam to foreign countries are exempted from t…

Inspections of baggage, passengers and cargo shall be performed only at the designated ports of Guam, except that inspections of cargo may also be performed at such places as the Director of the Customs and Quarantine Agency shall from time to time designate. SOURCE: GC § 47139 a…

The seal on a container or cargo shall neither be broken nor tampered with, except under the direction of a Customs Inspector or until such container or cargo has otherwise been officially released from Customs’ custody. SOURCE: GC § 47140 added by P.L. 20-025:1 (June 10, 1989).

(a) Should the 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 t…

The Director of the Customs and Quarantine Agency is responsible for the promulgation of rules and regulations necessary to carry out the provisions of this Chapter. Such rules and regulations shall be promulgated in accordance with the provisions of the Administrative Adjudicati…

(a) Each aircraft landing at the Antonio B. Won Pat International Airport, Guam shall be levied a Customs, Agriculture and Quarantine Inspection services charge reasonably related to the costs incurred by the Customs and Quarantine Agency and the Department of Agriculture in prov…

Until the first Rules and Regulations required by § 73151 have been promulgated, the Guam Airport Authority is authorized to collect on an interim basis service charges from air carriers reasonably calculated to recover the costs incurred by the Customs and Quarantine Agency and …

collect Customs, Agriculture, and Quarantine Inspection Services Charges. The Guam Airport Authority is authorized to assess and collect, from air carriers, the Customs, Agriculture, and Quarantine Inspection Services Charge for customs and agricultural inspection services render…

It is hereby established that the Guam Airport Authority agrees to reimburse the Customs, Quarantine Agency, the Department of Agriculture, and/or their agents for the costs incurred in performing the various duties and obligations of the Customs, and Quarantine Agency, the Depar…

Agriculture and Quarantine Inspection Services Fund. Notwithstanding any other provisions of law, all funds received in accordance with this Chapter shall be remitted, within five (5) days of receipt, to the Treasurer of Guam for credit to the Customs, Agriculture and Quarantine …

Inspection Services Charge. If an air carrier, vessel operator, passenger, consignee or other applicable party is more than thirty (30) days delinquent in paying any Customs, Agriculture, and Quarantine Inspection Services Charge due under this Chapter, an interest charge of Ten …

Charge and the Customs Harmonized Commodity and Coding System. The Director of Customs and Quarantine Agency, subject to the Administrative Adjudication Act, shall promulgate and adopt rules and regulations to implement the provisions of Section 73145 through 75153 of this Chapte…

There is hereby created, separate and apart from other funds of the government of Guam, a fund to be known as the “Customs, Agriculture, and Quarantine Inspection Services Fund (hereinafter “the Fund”). The Fund shall not be commingled with the General Fund and shall be kept in a…

(a) Fund Established. There is hereby established within the Customs and Quarantine Agency a fund to be known as the “Customs Fines and Penalties Revolving Fund” which shall be separate and apart from other funds of the government of Guam, and for which independent records shall …

(a) Payments Due. All person(s) found in violation and issued a penalty or fine under § 73133, shall immediately make payments to the Treasurer of Guam. (b) Interest Penalty. Each person found in violation and issued a penalty or fine under § 73133, who fails to make payment for …

If any provision of Article 1 of this Chapter or the application thereof to any person or circumstance is found to be invalid or contrary to law, such invalidity shall not affect other provisions or applications of the Chapter that can be given effect without the invalid provisio…

(a) The Customs and Quarantine Agency shall conduct a customs officer training cycle for no more than twenty (20) candidates per fiscal year. COL 2026-05-05 (b) Each year, the Director of the Customs and Quarantine Agency shall determine the total cost to conduct a recruitment an…

(a) Definitions. For purposes of this Section: (1) “Agency” means the Guam Customs and Quarantine Agency. (2) “ASYCUDA” means the Automated System for Customs Data, a proprietary customs management system developed, administered, and supplied by the United Nations Conference on T…

This Article may be cited and referred to as “The Carrier Off-Duty Services Revolving Fund Article.”

Whenever used in this Chapter, unless otherwise required by the context: (a) “Off-Duty office” means an officer of the Customs and Quarantine Agency, exclusive of the Director of Customs and the Chief of Customs, or an inspector of the Plant Protection and Quarantine Section of t…

of Plant Protection and Quarantine Section of the Department of Agriculture. (a) Charges for Services by Customs and Quarantine Officers. All operations of any person, excluding air carriers and passengers arriving at the Antonio B. Won Pat Guam International Air Terminal and pas…

(a) Payments Due. All person(s) requesting the services of Customs and Quarantine Agency Officers, or the inspectors of the Plant Protection and Quarantine Section of the Department of Agriculture, of the government of Guam under § 73203, and to whom such services were provided, …

(a) Fund Established. There is hereby established within the Customs and Quarantine Agency, a fund to be known as the ‘Carrier Off-Duty Services Revolving Fund’ which shall be separate and apart from other funds in the government of Guam, and for which independent records shall b…

Department of Agriculture to the Customs and Quarantine Agency. (a) All classified employees filling positions within the Plant Protection and Quarantine Section of the Department of Agriculture (‘DOA’) prior to September 30, 2003 shall be transferred to the Customs and Quarantin…

There is hereby created the Guam Plant Inspection and Permit Fund. This Fund shall be used exclusively for the administration, operation, maintenance and improvement of the Plant Inspection Station of the Department of Agriculture and is subject to I Liheslaturan Guåhan appropria…

There is hereby created, separate and apart from other funds of the government of Guam, a fund to be known as the Customs Forfeiture Fund (Fund), which shall be divided into two (2) accounts: one (1) account to be known as the Customs Local Forfeiture Account (CLFA); and another …

Notwithstanding any other provision of law, or rule or regulation, the following shall be subject to forfeiture and no property right shall exist in them: (a) all controlled substances which have been or are intended to be manufactured, distributed, dispensed, acquired or held in…

Notwithstanding any other provision of law, or rule or regulation, any property subject to forfeiture under this Chapter may be seized by Guam Customs and Quarantine Agency upon process issued by the Superior Court of Guam, except that seizure without such process may be made whe…

Property taken or detained under this Section shall not be repleviable, but shall be deemed to be in the custody of the Guam Customs and Quarantine Agency only to the orders and decrees of the court. Whenever property is seized under the provisions of this Article, Guam Customs a…

Whenever property is forfeited under this Article, the Guam Customs and Quarantine Agency may: (a) retain the property for official use; (b) subject to any other applicable laws, sell any forfeited property which is not required to be destroyed by law and which is not harmful to …

(a) There shall be deposited into the CLFA all proceeds from the sale of property forfeited under any local law enforced or administered by the Guam Customs and Quarantine Agency, including, but not limited to, 5 GCA Chapter 73; 9 GCA §§ 67.401.9, 67.601, 67.602, and 67.604; 9 GC…

(a) The CLFA shall be exclusively used for the following purposes: (1) the payment, upon the approval of the Director, of any expenses necessary to seize, detain, inventory, safeguard, maintain, advertise, sell, or dispose of property under seizure, detention, or forfeited pursua…

The Director shall transmit to I Maga’hågan/Maga’låhen Guåhan and the Speaker of I Liheslaturan Guåhan, no later than thirty (30) days after the end of each fiscal year, a detailed report of each account of the Fund as follows: (a) the estimated total value of property forfeited …

[Codified as 5 GCA § 3122(a).] SOURCE: GC § 42000. Codified by the Compiler as subsection (a) of 5 GCA § 3122. 2016 NOTE: This provision was codified as 5 GCA § 3122(a) by the Compiler during the transition from the Government Code and the establishment of the GCA.

The Agana Branch Library within the Guam Public Library System shall have the name Nieves M. Flores Memorial Library. SOURCE: GC § 42001. Codified by the Compiler to this section. Repealed and reenacted by P.L. 24-041:3 (June 20, 1997).

All the libraries in the Library System shall be available for use by all persons in Guam in accordance with the rules and regulations promulgated by the Board. However, the Board shall have the authority to impose fines for lost books, late return of books or other misuses of th…

The Library System is hereby authorized to actively solicit or purchase, if necessary, books and written matter authored by local residents which contain information of significant historical and cultural value to the people of Guam. The Library System shall insure that all mater…

[Codified as 5 GCA § 3122(b).] SOURCE: GC § 42003. Codified by the Compiler as subsection (b) of 5 GCA § 3122. 2016 NOTE: This provision was codified as 5 GCA § 3122(b) by the Compiler during the transition from the Government Code and the establishment of the GCA.

The Board shall be composed of seven (7) members, to be appointed by I Maga’lahi with the advice and consent of I Liheslaturan Guåhan. Of the appointed members, one (1) member shall be a full-time student, in compliance with 4 GCA § 2105.1; at least one (1) shall be employed as a…

Except for the student member, the members of the Board shall serve for a term of three (3) years, commencing with the date of appointment, and until their successors are appointed and qualified; provided, that of the members first appointed, two (2) shall serve for two (2) years…

The Board shall annually elect at the first meeting of each fiscal year, a chairperson from among its members. SOURCE: GC § 42006. Codified by the Compiler of this section. Repealed and reenacted by P.L. 24-041:3 (June 20, 1997).

Meetings of the Board shall be open to the public and held at a regular time and place each month. Special meetings may be called by the Chairperson. All meetings shall be subject to the provisions of 5 GCA Chapter 8, ‘The Open Government Law’. SOURCE: GC § 42007. Codified by the…

Four members of the Board shall constitute a quorum. SOURCE: GC § 42008, amended by P.L. 22-092:4 (Mar. 7, 1994). Codified by the Compiler to this section.

The concurrence of four (4) members of the Board shall be necessary for the validity of its official actions, including the election of the Chairperson. SOURCE: GC § 42009, amended by P.L. 22-092:5 (Mar. 7, 1994). Codified by the Compiler to this section. Amended by P.L. 24-041:3…

Members of the Board shall receive the sum of Fifty Dollars ($50.00) for each attendance at the meetings of the Board, provided, however, that no member shall receive more than One Hundred Dollars ($100.00) per month. SOURCE: GC § 42010, amended by P.L. 14-120:3 (Apr. 14, 1978). …