Court blocks JCA’s plan to exclude brokers, importers from goods inspections
Published:Friday | October 24, 2025 | 12:07 AMTanesha Mundle/Staff Reporter
The Supreme Court has ruled that the Jamaica Customs Agency (JCA) cannot exclude customs brokers, importers, owners, or their agents from participating in the inspection of imported goods under its controversial Contactless Clearance Process (CCCP).
In a ruling on Wednesday, Chief Justice Bryan Sykes declared that these parties – including members of the Customs Brokers and Freight Forwarders Association of Jamaica (CBFFAJ) – “shall not be excluded from being present at or participating in the inspection” to determine whether goods are dutiable and the amount of duty to be paid. However, the court provided the option for importers and owners to opt out of attending inspections for goods valued at US$5,000 or less.
The CCCP, announced in 2022, was designed to allow warehouse operators to conduct customs inspections of non-commercial shipments without importers or brokers present. The JCA claimed that this would streamline operations, reduce port congestion, and improve security.
After a pilot programme from October 2022 to January 2023, the JCA planned a full rollout for April 2024. However, the CBFFAJ filed a judicial review, arguing that the process was unlawful, unconstitutional, and violated natural justice principles. In June 2024, the court granted an injunction, halting the implementation until the case was resolved.
Justice Sykes also quashed the JCA’s January 2024 decision to roll out the CCCP in its original form, which excluded brokers and importers. The interim injunction, which had prevented enforcement of the policy, was lifted, with costs awarded 50 per cent to the claimant, to be taxed if not agreed.
The CBFFAJ celebrated the ruling as a win but expressed disappointment that the matter had to be settled in court. Immediate past president Clive Coke, who also chairs the association’s Legal and Advocacy Committee, said the association resorted to legal action only after repeated efforts to resolve the issue through dialogue failed.
“It’s bittersweet because Customs has some very knowledgeable people who understand what the law dictates,” Coke said. “It’s disappointing that it had to reach the courts because we did everything in our power to settle it before. We only went to court as a last resort.”
SURVIVAL OF INDUSTRY
Coke emphasised that while the CBFFAJ supported the idea of contactless clearance, it opposed making it mandatory and barring importers and brokers from the inspection process. He said one of the association’s main concerns was the potential loss of roughly 3,000 jobs in the brokerage and freight -forwarding sectors if the policy had been implemented as proposed.
“At the core of this matter is the survival of our industry,” he said. “We stood to lose thousands of jobs, many of them small business operators and women who make up about 40 per cent of our membership. What Customs was really proposing was to remove brokers and clerks from the process and replace us with a few large logistics players.”
He urged the Government to pay closer attention to the pressures facing small and medium-sized customs businesses.
CBFFAJ President Marcia Bent added that the ruling was particularly meaningful as the association approaches its 60th anniversary.
“It has prevented the displacement of the entire customs-brokerage sector,” Bent said. “The businesses and livelihoods of Jamaica’s customs brokers are no longer in jeopardy, especially for the almost 100 gazetted female customs brokers who constitute over 40 per cent of our membership.
“This coveted UN gender-equality goal of having so many women in Jamaica’s trade and logistics sector will, thankfully, not be erased.”
The JCA also welcomed the court ruling, noting that it allowed the continued operation of the CCCP in an optional format. The agency said the process would remain available for personal shipments under US$5,000, describing it as “convenient, efficient, and secure”.
Commissioner of Customs Dr Velma Ricketts Walker said the ruling provides a balanced outcome.
“The resolution ensures that the core features of the CCCP remain in place and enables the CCCP to continue to deliver fast, fair, and more efficient trade for all Jamaicans,” she stated. “The JCA remains committed to modernisation, transparency, and strong governance.”