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States, insofar as they are applicable, ploy of an agency of the United States subject to any applicable special in and who reside or sojourn in the Repubstructions issued by the United States lic of Panama during the performance Treasury Department concerning the of their service with the United States of certification of invoices in the Canal America, and dependent members of Zone.

their families actually residing with CROSS REFERENCE: Fee for certification of

them, when the goods are intended for invoice, see 2 C.Z.C. 763, 76A Stat. 30.

their own use and benefit;

(d) Contractors, insofar as concerns § 57.8 Landing or embarkation of per

materials, supplies, and equipment necsons and/or articles.

essary to the performance of contracts A person or article may not be landed in the Canal Zone; and or embarked at any place other than the (e) Private business enterprises concustoms control points at Balboa or ducting authorized operations from a Cristobal, except upon the prior author seat in the Canal Zone, and religious, ization of a customs officer. Persons welfare, charitable, educational, recreaand/or articles may be landed only in tional, and scientific organizations, insothe presence, and under the supervision, far as concerns those of their activities of a customs officer.

that are conducted exclusively in the $ 57.9 Interim custody of discharged

Canal Zone. cargo.

§ 57.11 Importations not permitted for Cargo discharged in the Canal Zone

use in unauthorized private business shall be delivered to the Terminals Divi

operations. sion of the Panama Canal Company un A person may not import or attempt to der the custody of the Customs Service import articles or merchandise under the pending, as the case may be:

provisions of this part for use or disposi(a) Delivery to the Customs officials tion in connection with any private busiof the Republic of Panama pursuant to ness operation in the Canal Zone that treaty stipulations;

has not been specifically authorized to (b) Transshipment; or

be conducted in the Canal Zone by the (c) Release to consignees within the cognizant officials of the Canal Zone GovCanal Zone.

ernment or the Armed Forces, as the case § 57.10 Importations into Canal Zone;

classes of persons to whom approval § 57.12 Sale of importations to ineligimay be granted.

ble persons forbidden without prior Articles or merchandise of any kind

payment of Panamanian duty. may not be entered or imported into the Articles or merchandise imported unCanal Zone, except from the Republic of der the provisions of this part may not be Panama, by any person, unless approval sold or otherwise transferred to any is obtained therefor from the Customs agency, organization, or person not eliService. Such approval shall not be gible to import them, unless the customs granted, except with respect to items of duties thereon are first paid to the Rebaggage comprising personal effects of public of Panama. persons entering the Canal Zone, to any

$ 57.13

Importations to replace articles person, except: (a) Persons who reside in the Canal

from duty-paid stocks forbidden. Zone and have Canal Zone Government

Articles or merchandise imported unpurchase privileges, when the goods are der the provisions of this part may not intended for the use and benefit of them be used to replace any article or merselves or members of their famiiles; chandise purchased from stocks on which

(b) Members of the Armed Forces the applicable Panamanian duty had of the United States who reside or so

been paid. journ in the Republic of Panama during § 57.14 Regular customs hours; service the performance of their service with the during other hours. United States of America, and depend The regular hours for the customs inent members of their families actually re spection of baggage of landing passensiding with them, when the goods are in gers and for the customs supervision of tended for their own use and benefit; landing passengers are from 7 a.m. to 5

(c) Citizens of the United States of p.m. daily, excluding Sundays and holiAmerica who are in the service or em days. Such customs services may be

may be.

furnished during other hours, or on Sundays and holidays, only upon the request of the master or authorized agent of a vessel or aircraft. Charges for such customs services outside regular hours are found in the Panama Canal tariff. & 57.15 Making of marine note of pro

test before customs officers. Marine notes of protest may be made and extended by masters of American vessels before customs officers without charge.

CROSS REFERENCE: Fee authorizd for registration of marine note of protest, see 2 C.Z.C. 763, 76A Stat. 30. 8 57.16 Seizure of articles illegally im

ported or obtained, who may make;

receipt for seized articles. A customs officer having reasonable cause to believe that a violation has been committed of any law or regulation, the enforcement of which is within the jurisdiction of the Customs Service, by reason of which any property has become subject to forfeiture, shall seize such property if available. A receipt for the seized property shall be given at the time of seizure to the person from whom the property is seized.

CROSS REFERENCE: Seizure and confiscation of articles illegally imported or obtained, see 2 C.Z.C. 782, 76A Stat. 31. § 57.17 Disposition of confiscated ar

ticles. (a) When articles have been confiscated pursuant to the provisions of 2 C.Z.C. 782, 76A Stat. 31, they shall be disposed of by acceptance of a sealed bid or by auction.

(b) The proceeds realized from the disposal of any articles under paragraph (a) of this section shall first be utilized to satisfy all costs of seizure, storage and disposal of the article concerned, and any amount remaining shall be turned into the United States Treasury as miscellaneous receipts. § 57.18 Penalties for violation.

As provided by 2 C.Z.C. 781, 76A Stat. 30, whoever violates a provision of this part shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.

PART 59-EXCLUSION AND DE

PORTATION OF PERSONS

Subpart A-General Provisions Sec. 59.1 Classes of persons subject to exclu

sion or deportation. 59.2 Definitions. 59.3 Immigration Service. 59.4 Administration under supervision of

Governor.

Subpart B-Entry Procedures 59.21 Entry into Canal Zone. 59.22 Advance determination of eligibility. 59.23 Advance authorization. 59.24 Conditions upon entry into Canal

Zone; security for repatriation. 59.25 Kinds of security for repatriation. 59.26 Provisional entry. 59.27 Temporary entry. 59.28 Entry into the Canal Zone from the

Republic of Panama. 59.29 Regular entry. Subpart C-Exclusion and Deportation

Procedures 59.51 Preliminary investigation in exclu

sion and deportation proceedings. 59.52 Detention in exclusion or deporta

tion proceedings. 59.53 Hearing accorded in certain deporta

tion and exclusion proceedings. 59.54 Procedure at hearing. 59.55 Witnesses at hearing; oaths; docu

ments. 59.56 Report and recommendation in ex

clusion hearings or proceedings. 59.57 Final action excluding person. 59.58 Arrangements for removal of ex

cluded person. 59.59 Report and recommendation in de

portation hearing. 59.60 Order of deportation. 59.61 Execution of order of deportation. 59.62 Deportation following imprisonment

in the Canal Zone. Subpart D-Responsibilities of Vessels 59.81 Precautions required of vessels re

specting the landing of excluded

persons. 59.82 Duty of arriving vessels to declare

passengers, crew members, stow

aways, deportees, and repatriates. 59.83 Discharge of members of crews. 59.84 Signing on of crew members. 59.85 Members of crew failing to depart

from Canal Zone. 59.86 Outgoing passenger list; failure of

passenger to depart. 59.87 Duty of vessel owners respecting re

turn of excluded persons.

Sec. 59.88 Duty of vessel masters to receive ex

cluded persons. Subpart – Passage Through the Canal Zone by

Excluded or Deported Persons Who Are Legally

Present in the Republic of Panama 59.111 General routes. 59.112 General permit for passage of de

ported persons between the Republic of Panama and the Panama Freight House in Ancon, Pier 18, Balboa, and the Cristobal Freight

House. 59.113 Passage by excluded or deported per

sons must be continuous. 59.114 Special permits for entry or pas

sage of deported persons. Subpart Miscellaneous Provisions 59.131 Cost of excluding or deporting per

sons. 59.132 Place of detention. 59.133 Release from detention. 59.134 Passage through Canal Zone by ex

cluded or deported persons. 59.135 Punishment for violations.

AUTHORITY: The provisions of this part 59 issued under authority vested in President by 2 c.Z.C. 841, 76A Stat. 32, and delegated to Secretary of Army by $ 3.1(b) of this chapter.

SOURCE: The provisions of this Part 59 appear at 31 F.R. 12232, Sept. 16, 1966, unless otherwise noted.

(6) Anarchists, and persons whose purpose it is to incite insurrection.

(7) Persons of notoriously bad character.

(8) Persons who engage in any strike in the Canal Zone directed against the Government of the United States or any of its agencies, or who engage in inciting or attempting to incite other persons to engage in any such strike.

(9) Persons who engage in, or incite or attempt to incite other persons to engage in, any strike in the Canal Zone which, although not directed against the Government of the United States or any of its agencies, will result in obstructing, impeding, delaying, or interfering with the operation, maintenance, sanitation, government, or protection of the Panama Canal and the Canal Zone or the obseryance, safeguarding, and enforcement in the Canal Zone of the neutrality of the United States or the strengthening within the Canal Zone of the national defense.

(10) Persons who fail to comply with the provisions of this part.

(11) Persons who have completed serving a sentence of imprisonment in the Canal Zone.

(12) Persons whose presence, in the judgment of the Governor, would be a menace to the public health or welfare of the Canal Zone, or would tend to create public disorder or obstruct the operation, maintenance, sanitation, government, or protection of the Panama Canal or Canal Zone.

(13) Persons who (i) have not been legally and regularly admitted to the Canal Zone, including persons admitted on a provisional or temporary basis whose authorization to remain under such provisional or temporary authorization has terminated and (ii) are not legally residing or sojourning in the Republic of Panama.

(b) The Governor may, in his discretion, deport:

(1) Any person who comes within any of the classes described in subparagraphs (1)-(10) and (12) of paragraph (a) of this section and has been legally and regularly admitted to the Canal Zone;

(2) Any person who comes within the class described in subparagraph (11) of paragraph (a) of this section; and

Subpart A-General Provisions $ 59.1

Classes of persons subject to exclusion or deportation. (a) Persons in any of the followingdescribed classes are subject to exclusion from the Canal Zone in the discretion of the Immigration Service:

(1) Insane persons and persons who have had one or more attacks of insanity at any prior time.

(2) Idiots, imbeciles, and persons who are mentally retarded, sexual deviates, or afflicted with psychopathic personalities.

(3) Persons afflicted with a loathsome, or dangerous, contagious disease.

(4) Persons who have been convicted of, or admit having committed, a felony or other crime or misdemeanor involving more turpitude.

(5) Professional beggars, paupers, and persons who are likely to become public charges.

(3) Any person who is obliged, but insofar as concerns the enforcement of fails, to depart from the Canal Zone the general policies of the Canal Zone under the provisions of $ 59.29(a).

Government as established administra$ 59.2 Definitions,

tively by the Governor. As used in this part:

$ 59.23 Advance authorization. (a) "Exclusion" means (1) the refusal

The Executive Secretary, or such offito admit a person to the Canal Zone, or cers of the United States Government as (2) except as provided by paragraph he designates, may issue documents (b) (2) of this section, the enforced re

granting advance authorization to enter moval from the Canal Zone of a person the Canal Zone. found therein without having been legally and regularly admitted thereto;

& 59.24 Conditions upon entry into Canal and

Zone; security for repatriation. (b) "Deportation" means (1) the en The Immigration Service may attach forced removal from the Canal Zone of such reasonable conditions to a permisa person found therein who has been sion to enter the Canal Zone as may aplegally and regularly admitted to the pear to be necessary or proper. In all Canal Zone, or (2) the enforced removal cases, there shall be established, either from the Canal Zone of a person, follow by the person entering or by some other ing service of a sentence of imprisonment person in his behalf, or by the person or in the Canal Zone, whether or not such interest responsible for bringing the enperson has been legally and regularly ad tering person into the Canal Zone, a mitted to the Canal Zone.

reasonable security for the costs of re8 59.3 Immigration Service.

patriating the person so entering. Except as otherwise provided herein, § 59.25

Kinds of security for repatriathe regulations in this part shall be ad

tion. ministered by an Immigration Service of (a) Reasonable security for repatriathe Canal Zone Government, which shall

tion may be of any kind determined to include immigration officers appointed by

be adequate by the Immigration Service, the Governor and shall operate under

including but not limited to: administrative and organizational super (1) A written undertaking by any revision established by the Governor.

sponsible person residing or doing busi8 59.4 Administration under supervision ness in the Canal Zone to defray all such of Governor.

costs; or The provisions of this part shall be ex

(2) A cash deposit in an amount estiecuted under the supervision of the Gov

mated by the Immigration Service to be ernor, and the Governor may establish

adequate for all such costs; or administrative procedures necessary to

(3) An unlimited, noncancellable carry into effect the provisions of this

ticket for return transportation and a part.

cash deposit to cover any other costs

such as those of detention and/or mainSubpart B-Entry Procedures

tenance. $ 59.21 Entry into Canal Zone.

(b) Cash deposits shall be deposited Except as provided by $ 59.28 a person

with the Treasurer, Panama Canal Commay not enter the Canal Zone unless per pany, and shall be disbursed by him mitted to do so upon examination and for the purposes for which they are ininspection by the Immigration Service. tended, upon order of the Chief, ImmiPermission to enter shall be conditioned gration Service. upon the possession by the person con $ 59.26

Provisional entry: cerned, at the time of entry, of such doc

(a) In cases in which such action is uments as may be prescribed by the Exec

deemed appropriate the Immigration utive Secretary.

Service may permit a person to enter the $ 59.22 Advance determination of eli Canal Zone provisionally, pending furgibility.

ther investigation of the case and final The determination of the eligibility of action thereon. A person entered proa person to enter and remain in the Canal visionally whom it is finally determined Zone in advance of his arrival shall be to exclude shall be subject to exclusion a function of the Executive Secretary for any of the reasons set forth in $ 59.1

as not having been legally and regularly admitted to the Canal Zone shall depart admitted to the Canal Zone.

from the Canal Zone within 30 days after (b) Persons entered provisionally may termination or cessation of the employnot seek, accept, or be given employment ment, business operation, or other activin the Canal Zone.

ity upon which his eligibility to reside in

the Canal Zone depends in accordance $ 59.27 Temporary entry.

with operative treaty provisions between (a) When a person seeks admission to the United States and Panama or polithe Canal Zone to remain therein for a cies based upon such treaties. The 30period not exceeding one year, the Immi day period herein allowed for departure gration Service may permit him to enter from the Canal Zone may be extended in on a temporary basis and shall specify appropriate cases by the Immigration the period of time for which he is ad Service. mitted. He shall depart from the Canal (b) A person who fails to comply with Zone at or before the expiration of the the departure requirements of this secperiod of time for which he was admit tion shall be subject to deportation under ted unless the period of time for which $ 59.1(b) (3). he was admitted is extended in a proper case by the Immigration Service or he

Subpart C-Exclusion and Deportabecomes eligible for regular admission

tion Procedures and is granted it by the Immigration

§ 59.51 Preliminary investigation in exService.

clusion and deportation proceedings. (b) A person who is admitted on a temporary basis under this section shall When the Chief, Immigration Servbe subject to exclusion for any of the

ice, is credibly informed or has reason reasons set forth in $ 59.1 as not having to believe that a specified person in the been legally and regularly admitted to Canal Zone is subject to exclusion or the Canal Zone.

deportation under the provisions of this

part, he shall cause an investigation of § 59.28 Entry into the Canal Zone from

the case to be made. the Republic of Panama.

§ 59.52 Detention in exclusion or de(a) The entry requirements and pro

portation proceedings. cedures prescribed by this part do not apply to a person who enters or passes

If, either as a result of a preliminary through or over the Canal Zone in a non investigation under the preceding secimmigration sense from the Republic of tion, or independently of any such inPanama when he is legally in the Repub vestigation, it is considered as established lic and has not been excluded or de prima facie that a specified person in ported from the Canal Zone. However,

the Canal Zone is within one or more of such persons shall be subject to exclusion the classes of persons subject to exclufor any of the reasons set forth in $ 59.1 sion or deportation and should be ex(a) (1)-(12) as not having been legally cluded or deported, the Chief, Immigraand regularly admitted to the Canal

tion Service, shall issue an order for his Zone.

dete on. T order shall state the (b) A person, other than a citizen or

class or classes subject to exclusion or permanent resident of the Republic of

deportation within which the person Panama, who enters the Canal Zone un concerned is considered to be, and shall der the provisions of this section may not state the intention to exclude or to deaccept or be given employment therein port him, as the case may be. Upon unless and until he is legally and regu receipt of such order the Chief, Police larly admitted thereto and security for Division, shall cause the person conrepatriation is furnished in accordance cerned to be taken into custody. A copy with this part.

of the detention order shall be served § 59.29 Regular entry.

upon the person at the time he is taken

into custody. (a) A person is legally and regularly admitted to the Canal Zone when he is

CROSS REFERENCE: Place of detention, see

$ 59.132. Release from detention, see § 59.133. admitted in accordance with the provisions of this part on other than a pro § 59.53 Hearing accorded in certain devisional, temporary, or special basis

portation and exclusion proceedings. under 8.59.26, § 59.27, or $ 59.28, respec (a) A person detained under the protively. A person legally and regularly visions of $ 59.52 whom it is proposed to

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