             CARGO CLEARANCE AND TRANSPORT           ġ CAP. 203.        1
CHAPTER 203
CARGO CLEARANCE AND TRANSPORT ACT 
To regulate cargo clearance and transport.
11th November, 1967
ACT XXIX of 1967, as amended by Acts VIII of 1976, XIII of 1983 and
IX of 2003.
Short title.
Transport Act.
Interpretation. 
Amended by: 
VIII. 1976.2;
IX. 2003.18.
2. In this Act, unless the context otherwise requires -
"cargo" means goods which have been imported or which are to
be exported;
"cargo clearance and forwarding agent" means any person who is
the holder of a customs permit and whose business is the following:
( a ) the making of customs declarations and the clearing
through the Customs Department of documents
relating to cargo; and
( b ) the withdrawal of cargo from any customs shed,
bonded store, warehouse, verandah, quay or other
place of deposit and the transport of such cargo
therefrom to a place of consignment; and
( c ) the withdrawal of cargo from any factory, warehouse
or other premises and the transport of such cargo
therefrom to a quay or other place of deposit for
shipment;
"Comptroller" means the Comptroller of Customs;
"holder of a customs permit" means a person duly authorised
under this Act to act as a cargo clearance and forwarding agent;
"Minister" means the Minister responsible for Customs; 
"person" includes a body of persons;
"transport" does not include the movement of cargo from any
customs shed, bonded store, warehouse, verandah, quay or other
place of deposit in a port to any other of such places or the carriage
of cargo by water, and its derivatives shall be construed
accordingly.
Cargo clearance 
and forwarding 
agents to be 
authorised.
Amended by:
IX. 2003.19.
3. (1) No person shall act as a cargo clearance and forwarding
agent except under and in accordance with a customs permit
granted in that behalf by the Comptroller.
(2) Every such customs permit shall expire on the thirty-first
day of December next following the date of issue, but may be
renewed by the Comptroller from year to year:
Provided that it shall be lawful for the Comptroller at any
time to revoke any customs permit granted or renewed under this
  2        CAP. 203. ħ         CARGO CLEARANCE AND TRANSPORT
Act.
(3) Every such customs permit shall be issued or renewed
against the payment of such fee as the Comptroller, with the
concurrence of the Minister, may establish, and shall contain the
terms, conditions and restrictions on and subject to which the
customs permit is granted.
(4) The holder of a customs permit must at all times be in
possession of an operator’s permit issued by the Malta Transport
Authority.
Deposit by holder 
of a customs 
permit or 
production of bank 
guarantee. 
Amended by: 
VIII.1976.3; 
XIII.1983.5;
IX. 2003.19.
4. (1) No customs permit shall be issued or renewed unless
the holder of a customs permit deposits with the Comptroller a sum
of not less than one hundred liri and not more than one thousand liri
as the Comptroller may determine or a bank guarantee for a like
amount issued by a local bank and made payable at call to the
Comptroller.
(2) Such deposit or bank guarantee shall be required to cover
any payment or part payment of duty on cargo in respect of which
customs entries are presented by a holder of a customs permit, and
the Comptroller shall have power to draw from such deposit or
guarantee any amount in payment or part payment of duty as
aforesaid.
(3) Nothing in this article shall be construed as limiting in any
manner the responsibility of the holder of a customs permit in
respect of duty.
Notice by 
Comptroller of 
drawing on deposit 
or guarantee. 
Amended by:
VIII. 1976.4;
IX. 2003.19.
5. Any holder of a customs permit whose deposit or bank
guarantee has been drawn upon under the provisions of article 4(2)
shall be given an account in writing of the amount so drawn from
his deposit or guarantee and, upon being so required by the
Comptroller, he shall, within the time specified in the request, bring
up such deposit or guarantee to the amount previously required by
the Comptroller to be deposited or guaranteed in his favour under
the provisions of article 4(1).
Failure of 
compliance with 
deposit or 
guarantee 
requirements. 
Amended by: 
VIII.1976.5;
IX. 2003.19.
6. Where a holder of a customs permit fails to comply with a
request made under article 5, his customs permit shall be deemed to
have been revoked.
Holder of cusoms 
permit to be duly 
authorized.
Amended by:
IX. 2003.19.
7. A holder of a customs permit may not act as clearing and
forwarding agent for and on behalf of any person unless he is
authorized in writing so to act by that person and produces that
authority to the Comptroller.
Power to make 
regulations. 
Amended by: 
VIII.1976.6;
IX. 2003.19.
8. (1) The Minister may make regulations for carrying into
effect the provisions of this Act and, without prejudice to the
generality of the foregoing, for prescribing - 
( a ) the manner in which the business of cargo clearance
and forwarding agents may be regulated, restricted or
otherwise controlled;
             CARGO CLEARANCE AND TRANSPORT           ġ CAP. 203.        3
( b ) the type and quantity of equipment, including road
transport vehicles, which may be used by cargo
clearance and forwarding agents;
( c ) the age, minimum standard of education and other
qualifications required before a person can be
authorised under this Act;
( d ) without prejudice to the general power conferred by
article 3(3), the circumstances in which a customs
permit granted or renewed under this Act may be
revoked;
( e ) the fees to be charged by and, or, to be paid to cargo
clearance and forwarding agents for their services,
including the use of any means of transport and of any
equipment.
(2) The power of the Minister to charge fees under this article
shall include the power to prescribe different fees for different
services and to prescribe minimum and, or, maximum fees or fixed
fees.
Exemption.
Amended by:
IX. 2003.19, 21, 
22.
9. Nothing in this Act shall be construed as precluding an
importer or exporter or owner of any cargo from personally making
customs declarations or from withdrawing and, or transporting any
cargo imported or to be exported by him, or belonging to him, as
the case may be, from or to any customs shed, bonded store,
warehouse, verandah, quay or other place of deposit, or from
having such transactions or services performed for him and on his
behalf by his own regular employees duly authorized by him:
Provided that it shall not be lawful for any importer,
exporter or owner of any cargo to cause such cargo to be
transported from or to any such place as aforesaid, otherwise than
through the services of a cargo clearance and forwarding agent duly
authorised in that behalf, unless he uses for that purpose means of
transport belonging to him and, where so required by the
Comptroller, satisfies the Comptroller before the goods are so
transported that he is the importer, exporter or owner, as the case
may be, of such cargo.
Offences and 
penalties.
Amended by: 
VIII. 1976.7; 
XIII. 1983.5;
IX. 2003.21, 23.
10. (1) Any person acting in contravention of any of the
provisions of articles 3, 7 or 9 or of any regulations made under this
Act shall be guilty of an offence under this Act and shall on
conviction be liable to a fine ( multa ) not exceeding one thousand
liri or to imprisonment for not more than six months or to both such
fine and imprisonment.
(2) Where an offence under this Act is committed by a body of
persons, every person who, at the time of the commission of the
offence, was a director, manager, secretary or other similar officer
of such body of persons or was purporting to act in any such
capacity shall be guilty of that offence unless he proves that the
offence was committed without his knowledge and that he
exercised all due diligence to prevent the commission of the
offence.
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Relation with 
Import Duties Act.
Added by:
IX. 2003.24.
Cap. 337.
11. Nothing in this Act shall derogate from any of the
provisions of the Import Duties Act.
