| MIGRANT SMUGGLING | |
| A. Belize | Section 32 (Immigration Act, Ch. 156) "(1) Any master of a vessel who knowingly suffers any prohibited immigrant who arrives in such vessel to land therefrom contrary to the provisions of this Act commits an offence. (2) Any person who knowingly lands or procures to be landed or who aids or assists in landing any prohibited immigrant contrary to the provisions of this Act commits an offence. (3) Any prohibited immigrant who knowingly and willfully lands or suffers himself to be landed contrary to the provisions of this Act commits an offence". Section 34 (Immigration Act, Ch. 156) "(1) Any person who, for the purpose of entering Belize or of remaining therein, or of assisting any other person to enter Belize or to remain therein, in contravention of this Act (a) fabricates or falsifies any passport, permit, certificate or other document; or (b) uses, utters or attempts to use or utter (I) any passport, permit, certificate or other document which has not been issued by lawful authority or which he is not entitled to use or utter; or (II) any fabricated or falsified passport, permit, certificate or other document, knowing it to have been fabricated or falsified, commits an offence. (2) Any person who (a) makes a statement which to his knowledge is untrue in a declaration required to be made by an applicant for the issue of a temporary permit to facilitate him to travel to the Mexican and Guatemalan towns and villages as agreed between the Government of Belize and the Governments of Mexico and Guatemala; or (b) obstructs, hinders or opposes an immigration officer or police officer in the execution of his duty under this Act; or (c) without lawful excuse knowingly harbours or conceals (I) any other person who is within Belize in contravention of this Act; or (II) any other person who, having entered Belize under the authority of a permit issued under this Act, has contravened or failed to comply with any condition subject to which the permit is granted; or (d) fails to comply with or contravenes the conditions under which any permit, certificate or other document has been issued to him under this Act; or (e) being a prohibited immigrant, disembarks in Belize without previously obtaining a permit issued under this Act; or (f) contravenes or fails to comply with any of the conditions subject to which any permit has been granted under this Act; or (g) directly or indirectly, instigates, commands, counsels, procures, solicits or in any manner purposely aids, facilitates, encourages or promotes the commission of any offence under this Act, whether by his act, presence or otherwise; or (h) employs any person who is not in possession of an employment permit, commits an offence. (3) Any person who commits an offence against any of the provisions of this Act for which no penalty is prescribed shall be liable on summary conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding two years, or to both such fine and term of imprisonment: Provided that the punishment for the first offence under this Act shall not be less than a fine of one thousand dollars, and the punishment for a second or subsequent offence under this Act shall not be less than a fine of three thousand dollars or imprisonment for one year. Provided further that where a person is found guilty of the offence of employing a person who is not in possession of an employment permit, contrary to subsection (2) (h) of this section, the Court shall, in addition to the penalties prescribed above, order that the employer shall pay the expenses of removing such immigrant from Belize". Section 35 (Immigration Act, Ch. 156) "Every airline, or the master of a vessel, or the driver of a vehicle, who brings an immigrant into Belize contrary to the entry requirements and other provisions of this Act or the regulations made thereunder, commits an offence and the court shall, in addition to any other punishment specified by law, upon conviction order the convicted person to pay the expenses of removing such immigrant from Belize". |
| B. Costa Rica | None. |
| C. Dominican Republic | Article 1 (Law 344-98) "Any person who, from national territory or abroad, dedicates him/herself to the planning, sponsoring, financing, facilitation, or organization, in any form or manner, of the act of transferring/transporting people for illegal entrance to or exit from the national territory, be these people nationals or foreigners, will be penalized with three to ten years in jail and fines of 10,000-50,000 pesos. The attempt to carry out the above will be punished in conformance with the Dominican Penal Code...". Article 2 "If as a result or on the occasion of such illegal travels, the death of one or more persons results, those responsible for any of the actions punishable in this article will be penalized with a prison term of no less than twenty years and no more than thirty years, and a fine of 25,000-100,000 pesos, as well as the obligation to indemnify the families of the victim for harm and damages". |
| D. El Salvador | Article 367-A (Criminal Code) Illegal
Trafficking in People(Trafico ilegal de personas) - "The person who on his own or via other person[s], in contravention of the law, intends to introduce or actually introduces foreigners into the national territory, or harbors, transports, or guides them, with the purpose of evading migratory controls of this and other countries, will be punished with prison for four to eight years. The person who harbors, transports, or guides nationals with the purpose of evading migratory controls of this or other countries will be punished with the same penalty. People who with false or fraudulent documentation try to or do effectuate the exit of Salvadorans or citizens of any other nationality, or those who use authentic documentation whose bearer is another person, will incur the same punishment. If as a consequence of the commission of this crime, the victims suffer deprivation of liberty abroad, are victims of crimes of any sort, or die due to violent causes or criminal nature, the penalty will be increased by twothirds". |