When asked by customs officials at the border, travelers returning to their home countries must declare all items purchased abroad. Otherwise, criminal charges can be laid.
Canada Border Services Agency (CBSA) officers have constabulary powers. As peace officers, they can search, detain and charge any person suspected of a crime. This includes attempting to avoid payment of duties and taxes.
One elderly Canadian lady went on a shopping trip in New York. She lost the $100 receipt for one of the dresses she had bought at a Buffalo mall. While she declared all other items for which she had receipts, the Canadian shopper forgot to report the $100 dress.
The customs officer charged her, even though the 5% Goods and Services Tax (GST) would have amounted to just $5 for the missed item.
When to Use a Criminal Lawyer with Customs and Excise Expertise
Under section 159 of the Canada Customs Act, any attempt to smuggle any goods subject to duties is a criminal act. So how can the accused defend herself against these criminal charges? One option is contact a criminal lawyer or firm that employs a team of criminal attorneys experienced in defending customs and excise cases.
Sandler, Travis and Rosenberg serve as an example of an international trade and customs law firm located in Ottawa. Others can be found by Google-searching for keywords like “customs law attorneys.”
Using a criminal lawyer to fight charges for infractions involving even small amounts of money can be expensive.
Criminal lawyers charge upwards of $5,000 to negotiate a satisfactory settlement even in relatively simple cases like the elderly lady’s legal dilemma.
When to Use an International Trade Attorney
Specialized trade attorneys charge even higher rates. Trade attorneys are usually in demand for high-paying corporate legal cases such as international copyright disputes and government treaty negotiations. Therefore, international trade lawyers rarely are involved in cases involving individuals charged with customs violations.
A listing of trade lawyers by country can be found on the Expert Guides website. Borden Ladner Gervais and Heenan Blaikie are two Canadian firms that practice specialized international trade law. World Direct Law is a website with international trade attorneys in 26 countries around the world.
Using a Customs Broker to Resolve Charges
A certified customs broker can investigate and help resolve issues on behalf of their clients. In the case of the elderly Canadian lady who was charged for not declaring the $100 dress, an experienced customs broker drafted a letter on her behalf and explained that it was an honest oversight.
Since the lady had paid over $400 in duty and taxes on other items, it was illogical to contend that she purposely tried to avoid another $5 in taxes. The senior customs broker was able to convince the CBSA to drop all charges.
While the young CBSA officer may have been over-exuberant in charging someone over a minor infraction, her supervisor still defended her actions which met the letter of the law in the Canada Customs Act.
Certified customs brokers are experts in the Canada Customs Act and other essential legislation. The broker licence requires passing a 6-hour exam on the Customs Act.
The Canadian Society of Customs Brokers website has a Members Directory and a section on how to hire a customs broker.
Daniel Workman - A senior business and finance writer who also does French translations, notably international trade and insurance materials.
Comments