by Mindy Aguon

Guam - The Attorney General's Office has clarified the powers of the Guam Customs and Quarantine Agency when dealing with the Department of Defense. Questions were posed by Customs after military commanders asserted us sovereign immunity to exempt military vessels from boarding, inspection and fees.

In an information and guidance memorandum, Assistant Attorney General Monty May answered questions posed by the agency. May found that the DoD cannot selectively apply sovereign immunity on Guam and that the DoD cannot refuse Customs officers from boarding military vessels, both maritime and aviation for the purpose of conducting inspections and clearance.

Additionally, the AG's Office affirmed that the DoD can be charged cost recovery fees for services Customs performs on military installations. As well, private companies performing work for the military under a DoD contract cannot use a military unit address to avoid paying Guam tax and other Customs cost recovery charges.