5 GCA § 73143: Release of Sealed Cargo: Penalties.

(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 the following administrative penalties levied by the Collector of Customs:

(1) A fine of not less than Twenty-Five Thousand Dollars ($25,000) and the confiscation of the cargo involved; and

(2) The suspension of the business license(s) of all principals involved in the violation of this section for one (1) year.

(b) All fines levied under this section shall be deposited in the Customs Inspection 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. No expenditures shall be made from the Customs Inspection Fund except by appropriation of I Liheslatura.

(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.