Prompted by concerns that the Guam Customs and Quarantine Agency has not adequately enforced the law on tampering with cargo containers prior to being cleared, Sen. Therese Terlaje has introduced Bill 270-38 which, among other things, quadruples the fine for violations, and provides for a permanent ban for repeat offenders.
Fines for tampering will be raised from $25,000 to $100,000, along with the confiscation of the cargo and the suspension of business licenses of all principals involved.
It also provides that, unless waived in writing by the CQA director, the license suspensions will be for two years, and if two or more violations occur within 10 years, “the business license(s) of all principals involved shall be permanently revoked.”
The bill states that “the protection of Guam’s borders and the integrity of the Customs inspection process are critical to safeguarding the island from illegal importation, including contraband, controlled substances, and other prohibited goods.”
It adds that the tampering of seals undermines the inspection process and erodes public trust in government enforcement, and that strengthening penalties and closing procedural loopholes are necessary to ensure accountability.
The concerns were first raised during a Jan. 2 oversight hearing in which CQA reported that it has collected just $200,000 in fines since 2019, which indicates 8 total violations, but in 2025 alone there were nine violations, and one so far in 2026.
Terlaje cited an October 27, 2025 letter from CQA director Ignacio Peredo which confirmed that none of the violations reported resulted in the suspension or revocation of any business license, which she believes raises “serious concern about the adequacy and enforcement of penalties necessary to deter such criminal activity.”
The bill states it’s intent is to “secure and control all containers under inspection, to prohibit the removal of sealed cargo from designated inspection areas prior to official release and to impose stricter penalties on those who knowingly tamper with customs seals or violate customs custody procedures.”
The measure adds language to the current statute that states that “any container or cargo placed under a customs “hold” for inspection shall remain in a customs-designated secured facility until the official inspection is completed. No sealed container or cargo shall be transferred or removed from customs-designated secured facilities prior to official release from customs custody.”
The bill also seeks to improve the security at provisional inspection sites by requiring the submission of a certified blueprint, complete perimeter fencing, and adequate lighting. Similar fines and penalties would apply for violations at those sites.
