Page 294 - Magistrates Conference 2019

“prohibited goods” and therefore the concept is also crucial in addressing the nature of these
offences before the courts.

The distinction between “prohibited goods” and “restricted goods” is simply that the former
may be absolutely banned from importation, exportation or carriage coastwise whilst the latter is

permitted to be imported, exported or carried coastwise subject to some type of permission,

usually in the form of a licence, from the State. In reality, however, the distinction is more
academic as in the case of cocaine, the dangerous drug can usually be imported with a licence

throughout the region for medicinal purposes.

In the region, the definition of “prohibited goods or restricted goods” is essentially consistent
but varies, with minor textual modifications, as follows:

“prohibited or restricted goods” means goods of a class or description of which the

importation, exportation or carriage coastwise is prohibited or restricted under or
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by virtue of any enactment.

“prohibited goods” and “restricted goods” mean respectively any goods the
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importation or exportation of which is prohibited or restricted by law.

“prohibited goods” includes goods of a class or description of which the

importation, exportation or carriage coastwise is prohibited under or by virtue of
any enactment…

“restricted goods” includes goods of a class or description of which the importation,

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exportation or carriage coastwise is restricted under or by virtue of any enactment.

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Other countries like Barbados and Belize have a slightly different approach in the drafting of
“prohibited goods” and “restricted goods” in their respective Customs law but, significantly,

19 See Antigua and Barbuda: section 2(1) of the Customs (Control and Management) Act, Grenada:
Section 2 of the Customs Act, St. Lucia: Section 2 of the Customs (Control and Management) Act and St.
Vincent: Section 2 of the Customs (Control and Management) Act
20 See Guyana: Section 2 of the Customs Act, Jamaica: Section 2(1) of the Customs Act and Trinidad and
Tobago: Section 2 of the Customs Act
21 See Dominica: Section 2(1) of the Customs Act and St. Kitts and Nevis: Section 2 of the Customs Act
22 See section 92 of the Customs Act
23 See section 103(2) of the Customs Regulation Act

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