{"id":352154,"date":"2023-12-13T09:17:10","date_gmt":"2023-12-13T14:17:10","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-charges\/smuggling-and-customs-violations.html"},"modified":"2023-12-13T09:17:10","modified_gmt":"2023-12-13T14:17:10","slug":"smuggling-and-customs-violations","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/smuggling-and-customs-violations.html","title":{"rendered":"Smuggling and Customs Violations"},"content":{"rendered":"\n
\n

Smuggling and Customs Violations<\/h1>\n\n
\n
\n By John Mascolo, Esq.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

\n
\n
\n

Key Takeaways<\/h2>\n

U.S. Customs and Border Protection enforces laws to prevent illegal imports and exports, including counterfeit goods, drugs, and undeclared currency. Violations can lead to severe penalties, including fines, imprisonment, and forfeiture of goods.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

As British colonies, the future American states produced raw materials such as lumber, wool, iron, cotton, tobacco, rice, and indigo. Britain used such raw goods to produce manufactured products that were sold in European markets. The British also sold these items back to the colonies. This system of mercantilism<\/a> benefited the British at the expense of the colonies. <\/span><\/p>\n

As a result, smuggling goods and the circumvention of customs laws became common practice. British customs officials were susceptible to bribes by colonial shippers. Illegal payments meant that ships from the French, Spanish, and Dutch loaded with illegal goods could enter the colonies. The growth of the black market to avoid British taxes and regulations likely helped plant seeds for the American Revolution.<\/p>\n

Laws against smuggling and similar practices still exist today. Below, you’ll find an overview of smuggling and customs violations in the modern era. We’ll look at the categories of laws prohibiting such activity and real examples of these crimes, and you’ll learn where to go for legal representation if you’re charged with any version of these federal crimes against the government<\/a>.<\/p>\n

Smuggling and Customs Violations Explained<\/h2>\n

Customs regulations and laws place controls on the entry of goods into or out of the country. The stated purpose of U.S. customs laws is to protect the economy, residents, jobs, and the environment. Regulations on international trade can prevent threats posed by unfair competition, unsafe products, and foreign pests, plants, and diseases. <\/p>\n

Controlling the flow of goods into and out of the country also permits the government to secure import taxes, known as duties. Likewise, there may be export fees to send your goods overseas.<\/p>\n

The U.S. Customs and Border Protection<\/a> (CBP) oversees the import\/export process in the U.S. Its work falls under the Department of Homeland Security. It imposes customs duties on goods coming into the country. A duty is basically a tariff or tax. The customs duty is typically levied at the time of importation. It may vary based on the country of origin and the product involved. <\/p>\n

The CBP also acts as an administrator for other administrative agencies that need to know the content and other details of items coming into and going out of the country, like the Food and Drug Administration<\/a> (FDA) or the Environmental Protection Agency<\/a> (EPA).<\/p>\n

Categories of Customs Violations<\/h2>\n

Customs laws focused on crime can be found in Title 18, Chapter 27, of the United States Code, Section 541<\/a> through 555. Those in violation of these laws may face both criminal and civil penalties. Customs violations often come with provisions for forfeiture. That means that the CBP can seize illegal items. If the transporter violates the law, they will not get the items back. The U.S. Code provides several distinct criminal offenses, including smuggling and false statements about imports and exports.<\/p>\n

False claims<\/b> can happen when a person returns to the U.S. or enters for the first time. They must declare the value of any goods they are bringing into the U.S. from outside the country. You can violate the law by misrepresenting the value of the goods, omitting them from the declaration form completely, or making false representations<\/a>. Criminal acts of this nature may bring fines and up to 2 years in prison. <\/p>\n

You may take any amount of currency with you when traveling to or from the U.S. If the value of the currency amounts to $10,000 or more, you must report it. Failure to do so can lead to civil and criminal penalties. It can also result in a forfeiture of the currency itself via 31 U.S.C. Section 5316<\/a>.<\/p>\n

Exporting violations<\/b> occur when a person fails to obtain an export license for certain goods before shipping the materials out of the country. This also may occur when a person or company exports regulated goods to a restricted group or country, such as sending money to a known terrorist group. Such conduct may also bring federal charges of money laundering or bulk cash smuggling<\/a>.<\/p>\n

Import violations<\/b> involve attempts to conceal the nature of the imports, their origin, value, or nature to evade import duties. This may involve repackaging or remarking merchandise to avoid duties. Individuals can violate importation duties when they bring in foreign-made textiles, cigarettes, and food products without paying customs duties by claiming that the goods are not entering the U.S. for consumption. <\/p>\n

CBP officials have the authority to conduct inspections and searches at and near the border. They can inspect persons, luggage, cargo, and merchandise. They can also inspect and search vehicles at the border, often to detect illegal drugs and contraband. They share authority with the U.S. Coast Guard to inspect and search vessels in ports of entry and waterways.<\/p>\n

Smuggling violations<\/b> carry some of the harshest criminal penalties. Federal law at 18 U.S.C. Section 545 prohibits anyone from knowingly and willingly smuggling merchandise into the U.S. with intent to defraud the U.S. government. In order to be found guilty of this crime<\/a>, the federal prosecutor must show beyond a reasonable doubt that:<\/p>\n