Not only does Customs face this difficulty, but even those Importers who may not be aware of their surplus goods, but really want them, had to go through hectic processes to get their goods released.
This has all changed now with the introduction of the new Customs Act No. 7 of 2013. Section 180 clearly states that goods which were not fully accounted for in terms of the number of packages, or uncustomed goods or goods found so packed as to be likely to deceive a Customs Officer, are to be forfeited to the State. Section 181 further states that such goods may be seized by Customs.
Once the goods are seized by Customs, section 184 of the Act has given the Importer the opportunity to pay the full value of the goods before the condemnation date. Such goods will be released to the Importer once full payment is received by Customs. Not only does the Importer able to have access to their goods, which they might never have paid for abroad, this law has also created another revenue initiative for the Government without having to go through lengthy procedures and court cases.
The new law was well tested during the recent festive season wherea lot of imports from China were seized by Customs for surplus or unaccounted goods found in shipping containers. The largest of these seizures saw Customs seizing almost half of a 20ft container which was stuffed with undeclared goods. These goods were seized and later sold back to the Importer for a value of over vt1.6million.
Despite this new legislation, it is worthwhile mentioning that it remains the discretion of Customs to decide whether such seized goods will be returned to the Importer for a payment, or the matter will be investigated by Customs and the Importer prosecuted in court. This has happened in the past where Importers were investigated by Customs for importing undeclared goods. Such a case was prosecuted in court and the Importer was ordered to pay a fine of vt3million. The seized goods were forfeited to the state and were sold by Customs for over vt2.3million.
Importers and Customs Brokers are therefore reminded to make sure all invoices and packing lists submitted to Customs are correct and true, and that all goods are fully declared to Customs or face the consequences of the law.
In the past, the repealed Customs law did not assist Customs to effectively deal with undeclared or surplus goods. Not only does Customs face this difficulty, but even those Importers who may not be aware of their surplus goods, but really want them, had to go through hectic processes to get their goods released.
This has all changed now with the introduction of the new Customs Act No. 7 of 2013. Section 180 clearly states that goods which were not fully accounted for in terms of the number of packages, or uncustomed goods or goods found so packed as to be likely to deceive a Customs Officer, are to be forfeited to the State. Section 181 further states that such goods may be seized by Customs.
Once the goods are seized by Customs, section 184 of the Act has given the Importer the opportunity to pay the full value of the goods before the condemnation date. Such goods will be released to the Importer once full payment is received by Customs. Not only does the Importer able to have access to their goods, which they might never have paid for abroad, this law has also created another revenue initiative for the Government without having to go through lengthy procedures and court cases.
The new law was well tested during the recent festive season where a lot of imports from China were seized by Customs for surplus or unaccounted goods found in shipping containers. The largest of these seizures saw Customs seizing almost half of a 20ft container which was stuffed with undeclared goods. These goods were seized and later sold back to the Importer for a value of over vt1.6million.
Despite this new legislation, it is worthwhile mentioning that it remains the discretion of Customs to decide whether such seized goods will be returned to the Importer for a payment, or the matter will be investigated by Customs and the Importer prosecuted in court. This has happened in the past where Importers were investigated by Customs for importing undeclared goods. Such a case was prosecuted in court and the Importer was ordered to pay a fine of vt3million. The seized goods were forfeited to the state and were sold by Customs for over vt2.3million.
Importers and Customs Brokers are therefore reminded to make sure all invoices and packing lists submitted to Customs are correct and true, and that all goods are fully declared to Customs or face the consequences of the law.
