Bermuda Consolidated Legislation

 

BERMUDA STATUTORY INSTRUMENT

SR&O 19/1954

BASES CONTRACTORS (RESTRICTED GOODS) (CONDITIONS OF STORAGE) ORDER 1954

[made under section 91 of the Revenue Act 1898 [title 14 item 10] and brought into operation on 29 April 1954]

ARRANGEMENT OF ARTICLES

1 Interpretation

2 Material landed outside Bases

3 Restriction on removal from Bases

Interpretation

1 In this Order —

"the Bases" has the meaning assigned to it in section 2 of the United States Bases (Agreement) Act 1952 [title 7 item 41];

"Base contractor" means a contractor employed by or on behalf of the Government of the United States of America in the con struction, maintenance or operation of the Bases;

"Leased Area" has the meaning assigned to it in section 2 of the United States Bases (Agreement) Act 1952 [title 7 item 41]; and

"Base contractors' restricted material" means restricted goods imported free of duty within the meaning of section 91 of the Revenue Act 1898 [title 14 item 10], being material, equip ment, supplies or goods imported by or on behalf of a Base contractor for use in the construction, maintenance, opera tion or defence of the Bases.

Material landed outside Bases

2 Where Base contractors' restricted material is landed in Bermuda at any place outside of a Leased Area, all such material shall, without prejudice to anything in article 3, be moved, subject to such conditions as may be notified to the Base contractor in writing by a cus toms officer, as soon as practicable to one of the Bases:

Provided that it shall not be deemed to constitute a breach of the conditions imposed by this article if the Base contractor stores any such material in such place outside the Bases, and for such period, and sub ject to such conditions, as may be notified to him in writing by a customs officer.

(2) Any conditions as aforesaid may extend so as to include re quirements with respect to entering into a bond or other recognizance, or to making a deposit, in such sum and subject to such conditions as may be reasonably necessary for safeguarding the revenue.

Restriction on removal from Bases

3 (1) Without prejudice to any other provision of this Order, a Base contractor shall not cause or allow any Base contractors' restricted material which has been moved into one of the Bases in accordance with article 2 to be removed from that Base:

Provided that —

(a) nothing in the foregoing provisions of this article shall have effect so as to restrict or prohibit —

(i) the removal of any material equipment, supplies or goods which (notwithstanding that they con stitute Base contractors' restricted material) have become the property of the Government of the United States of America, or have, bona fide, been embodied or incorporated in other mate rial, equipment, supplies or goods the property of the Government of the United States of America; or

(ii) the removal to any other Leased Area of any material, equipment, supplies or goods required, bona fide, for immediate use in such other Leased Area in connection with the
construc tion, maintenance, operation or defence of either of the Bases; and

(b) it shall not be deemed to constitute a breach of the con ditions imposed by this article if any such material is removed from such Base —

(i) with the permission in writing of a customs offi cer and is subsequently stored subject to such conditions as may be notified in writing by a customs officer to the person having charge of such material; or

(ii) after payment of the appropriate duty.

(2) Any permission or condition as aforesaid may extend so as to include requirements with respect to the payment of the appropriate duty, or with respect to entering into a bond or other recognizance, or to making a deposit, in such sum and subject to such conditions as may be reasonably necessary for safeguarding the revenue.

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