Customs infractions: Consequences of non-compliance with foreign trade regulations

Customs infractions: Consequences of non-compliance with foreign trade regulations

Foreign trade is subject to specific customs regulations that must be complied with by trade operators. Customs violations occur when these rules and regulations are violated in the import or export of goods. In this note, we will examine customs violations and the consequences they may entail.

Underdeclaration or overdeclaration of goods

A common violation is the under-declaration or over-declaration of goods on customs documents. This occurs when incorrect or misleading information is provided about the value, quantity or characteristics of imported or exported goods. Consequences may include fines, confiscation of goods, debarment from future customs operations or criminal prosecution in serious cases of fraud.

Omission of customs formalities

The omission of required customs formalities, such as the failure to file import or export declarations within the established deadlines, constitutes another customs infraction. This includes failure to comply with documentation requirements, such as invoices, permits or specific certifications. Penalties may include fines and delays in the release of goods, which can result in additional costs and damage to trade operations.

Smuggling and prohibited goods

Smuggling of goods, such as illegal, counterfeit or contraband goods, is a serious customs violation. Attempting to import or export prohibited or restricted goods without proper authorization is also a violation. These actions can result in seizure of the goods, fines, criminal prosecution and imprisonment in serious cases.

Non-compliance with phytosanitary and sanitary standards

Violations related to non-compliance with phytosanitary and sanitary regulations, such as importing agricultural products without the required permits or non-compliance with food safety standards, may also result in customs sanctions. These can include the destruction of goods, fines and prohibitions on future imports of similar products.

Customs violations have significant consequences for traders involved in foreign trade. Compliance with customs regulations is critical to avoid fines, delays in operations, loss of goods, and possible criminal consequences. Proper customs management and ensuring compliance with all applicable rules and regulations is essential to avoid customs violations and ensure successful and legally sound international trade.