Subject:
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Re: Customs question...
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Newsgroups:
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lugnet.off-topic.debate
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Date:
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Tue, 20 Nov 2001 23:45:16 GMT
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Viewed:
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1202 times
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In lugnet.off-topic.debate, Richard Marchetti writes:
> In lugnet.off-topic.debate, Ross Crawford writes:
> > However, your "act of kindness" may result in a lot of extra trouble for the
> > recipient, if it's proved false. At best, they'll have to pay the duty • anyway,
> > but there may well be other penalties.
>
> How can someone be held accountable for something they did not do? Customs
> would have to prove that the recipient falsely asked me to mark the package
> as a gift. Failing that, the recipient has done no wrong -- committed no
> positive act in the furtherance of a crime.
Whether or not they know the declaration was untruthful, they have failed to
pay duty on goods which require it by law. If you're importing goods, it's your
responsibility to pay the appropriate duty (at least in Australia). The customs
declaration is only an initial indication to import authorities - along with
size, weight, smell, etc.
I'm not sure what the situation is with regards to export - if it can be shown
that you knowingly marked the goods incorrectly, and signed the document, you
may also be liable for fraud, but I'm not sure.
> Ross, have you ever even heard of such an incident? It seems unlikely to me
> in the extreme...
I have never heard directly of such an incident, and I agree it probably
doesn't happen heaps, however I don't agree it's all that unlikely. You'd have
to actually take delivery of the goods. Usually what happens is you get a call
from customs asking about the contents before they'll release it, however if
they release it, and subsequently show that you didn't pay the required duty,
or lied about the contents, you're held responsible.
This is not dependent on the export declaration, however the initial decision
of customs to release the goods may have been in part because of the
declaration.
ROSCO
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Message is in Reply To:
 | | Re: Customs question...
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| (...) How can someone be held accountable for something they did not do? Customs would have to prove that the recipient falsely asked me to mark the package as a gift. Failing that, the recipient has done no wrong -- committed no positive act in the (...) (23 years ago, 20-Nov-01, to lugnet.off-topic.debate)
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