27.1001 Definitions.

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As used in this chapter, unless the context clearly requires otherwise:

(a) “Agent” means the duly authorized representative of the owners of a vessel, aircraft or merchandise.

(b) “Aircraft” means every description of craft or other contrivance used or capable of being used as a means of transportation by air.

(c) “Baggage” means all trunks, boxes, suitcases, parcels or other luggage not included in the manifest of the ship or aircraft.

(d) “Captain”, “commander” or “pilot” of an aircraft means that person serving on the aircraft who has charge or command of its operation or navigation.

(e) “Captain” or “master” of a ship means the person in command of a ship for the time being, but does not include a harbor pilot.

(f) “Carrier”, unless the context requires otherwise, means any description of craft or other contrivance used or capable of being used as a means of transportation on the water or in the air, including pleasure vessels, vessels and non-vessels operating common carriers, and private aircraft.

(g) “Commercial vessel” means a vessel engaged in the transportation of passengers or property in commerce from port to port between one state, territory, district or posses-sion of the United States, or foreign country and any other state, territory, district or possession of the United States, or between places in American Samoa.

(h) “Consignee” means the person to whom goods or merchandise are shipped for first sale, use, manufacture, lease or rental, or whose name appears on the bill of lading.

(i) “Customs jurisdiction” means all compounds of all official ports of entry listed in subsection (o) of this section under the jurisdiction of Customs Division for clearance purposes in international travel. Customs jurisdiction shall extend to all U.S. Post Offices located within the Territory.

(j) “Customs officers” means any customs supervisor, customs inspector, customs canine officer, customs enforcement officer, customs lieutenant, customs captain, customs major, and any person authorized to perform the duties of a customs officer, including persons employed by another government agency. When performing their duties, customs officers shall be considered public officials/servants.

(k) “Entry” has two meanings: first, compliance with the legal requirements for the entering of a ship into the harbor; and second, the filing of documents and completion of transactions necessary to secure the release of merchandise from customs control.

(l) “Foreign” means any place beyond the limits of American Samoa.

(m) “Manifest” means a summary list of passengers and/or cargo on board a carrier, unless the context requires otherwise.

(n) “Merchandise” means goods, wares, and chattels of every description, and includes merchandise the importation of which is prohibited.

(o) “Official customs port of entry” means the following ports, where all vessels and aircraft on international travel and authorized entry into the Territory, must enter to obtain customs clearance:

(1) Pago Pago harbor;

(2) Pago Pago International Airport.

(p) “Owner” includes the person or persons legally having possession of a vessel, aircraft or merchandise, or his or their agents, and includes partnerships, associations and corporations.

(q) “Passenger” means any person carried on a vessel or aircraft who is not connected with the vessel or aircraft, or its navigation, ownership, or business, and whose name appears on the passenger list.

(r) “Port Director” means the Director of Port Administration.

(s) “Strip search” means a search in which some or all of the clothing of the person being searched is removed and subject to inspection for contraband and in which the partially or fully unclothed body of the person being searched is subjected to inspection for contraband. A custom officer performing such a search may, with due regard for the dignity and privacy of the person being searched, view the armpits, under the breasts, frontal groin area, the area between the buttock, and the interior of the mouth, but only medical personnel may search the anus or vagina of the person, where an anal or vaginal search yields contraband, the cost of such search shall be borne by the person fully searched; otherwise the cost shall be borne by the custom division.

(t) “Treasurer” means the treasurer of the American Samoa Government.

(u) “Vessel” means aircraft and every type of watercraft or other contrivance used or capable of being used as a means of transportation on water.

History: 1963, PL8-1, amd 1987, PL 20-29 § 6; 2008, PL 30-36.

Amendments: 1987 replaced “the following words have the following meanings” In introductory paragraph with “unless the context clearly requires otherwise”.

Subsection (Q: added.

Subsection (I). relettered to (g).

Subsection (g): relettered to (h); added “completion of” before “transactions”.

Subsections (h) through (I): relettered to (i) through (in).

Subsection (in): relettered to (n); added “aircraft and” after “means”.