S.L. 337.47 · Enforcement Measures To Recoup (S.L. 337.47)
S.L. 337.47 Art. 4
(1) When an amount of duty, taxes or interest remains unpaid after ten (10) days from the notification to the debtor of the amount due, the Commissioner may immediately proceed sequentially from paragraph (a) to paragraph (c), until the first moment when the full amount of duty, taxes and interest is paid:
(a) appropriate any security or deposit made by the debtor for the payment of duty, taxes and interest, and
(b) seize and take possession of goods belonging to the debtor which are under Customs supervision or in temporary storage, and
(c) seize and take possession of goods belonging to the debtor which have been released in free circulation, which are found in any warehouse or premises used by, or in the possession of the debtor or any other person in his stead.
(2) The goods mentioned in paragraphs (b) and (c) of sub-regulation (1) shall in virtue of this regulation constitute a security for such duty, taxes and interest, and the Commissioner may sell such goods by means of a public call for tenders after giving the debtor a notice of sale not less than eight (8) days before the sale. This notice shall be given to the debtor, and if the debtor cannot be found, the notice shall be published in the Gazette:
Provided that the goods may, in the discretion of the Commissioner, be destroyed after the eight (8) day notice is given:
Provided further that if there is the sale of goods and there are pending proceedings under these regulations or procedures that contest the amount due, the proceeds of the sale of the goods shall be kept as a deposit and disposed of as ordered by the court.
(3) The cost and expenses of the seizure and sale, and the duty, taxes and interest recoverable under such sale, shall be a first charge on the proceeds thereof. Such proceeds shall be applied in or towards the payment of such costs and expenses and in or towards the payment of the duty, taxes and interest and the surplus, if any, shall be given to the debtor.
Änderungsgeschichte
- Amended by XII.2023.65