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Learn about “The ABC’S of Customs Seizures – PLUS Top 10 Tips to Ensure Import Compliance” From the Expert!

posted by Jennifer Diaz September 13, 2016 1 Comment

INTERNATIONAL TRADE COMPLIANCE:  The ABC’S of Customs Seizures – PLUS Top 10 Tips to Ensure Import Compliance 

The DTL Team wants to ensure you are a compliant with U.S. federal regulations and laws when importing your goods from abroad! Here is your chance to learn directly from our Founder, Jennifer Diaz, about the “dos” and “don’ts” of importing. compliance-image

On Wednesday, September 14th, 2016 from 1:00 pm to 2:00 pm, The Organization for Women in International Trade (OWIT) invites you to a Trade Talk Webinar Program on International Trade Compliance-Register NOW!

Did you know that In FY 2015, 28,865 seizures were for underlying Intellectual Property Rights (IPR) violations? The MSRP of the goods seized was $1,352,495,341! IPR enforcement is a priority trade initiative for U.S. Customs and Border Protection (CBP) and the detention and seizure process is a complicated one. If your merchandise is detained and/or seized, you have options. But more  Learn exactly how you should respond and more importantly how to avoid future problems with CBP.

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International Travelers Beware – U.S. Customs WILL Seize Your Money…

posted by Jennifer Diaz December 13, 2013 4 Comments

Money given away

International travelers often contact me with the same distraught face as the man pictured to my left, after their money is confiscated by U.S. Customs and Border Protection (CBP) as a result of not properly declaring currency on hand.

Declaration Form 6059B will look familiar to all international travelers as you fill it out when entering the U.S.  Many times, the rationale for seizure is that parties traveling together split their currency, and even though together they have over the $10,000 minimum, the travelers advise they are each carrying less then the $10,000 minimum requirement for reporting (in question 13 of Form 6059B), resulting in ALL of the currency on hand being seized. On a Typical Day in Fiscal Year 2015, CBP seized $356,396 in undeclared or illicit currency.

Recently, CBP seized $82,000 of currency, and arrested the female driver, after discovering three packages of bulk currency hidden within a vehicle as a female driver attempted to exit the U.S. and enter Mexico.

During this holiday season, this post will tell you what you need to know to assure it’s NOT YOU that has their currency seized when traveling internationally!

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Don’t Let Your Currency be Seized When Traveling Internationally – TOP TIPS

posted by Jennifer Diaz November 20, 2012 2 Comments

The holidays are approaching… Do you intend to carry “monetary instruments” when traveling internationally?

Read on, these TOP 5 Tips when carrying “monetary instruments” above $10,000 can save you a U.S. Customs Seizure Case.

Here are your top tips to assure you get it right, and you’re not screaming “Help – U.S. Customs Took my Money at the Airport”.

1. If you intend to carry over $10,000 in monetary instruments, including travelers checks and U.S. or foreign money, you MUST fill out the required form, FINCEN Form 105.  Note, it is PERFECTLY acceptable to travel with currency, you JUST have to report it. Don’t be scared to do so.

2. Review U.S. Customs and Border Protection’s “Currency Reporting” flyer.  Make sure you memorize what “monetary instruments” consist of:

  • U.S. or foreign coins and currency;
  • Travelers checks (in any form);
  • Negotiable Instruments (including checks, promissory notes, and money orders – in a transferable form);
  • Incomplete instruments (checks, promissory notes, and money orders) that are signed with a payees name omitted;
  • Securities or stock in bearer form (in a transferable form)

3. Make sure you can explain the legitimate source of the money.

4. Make sure you can explain the legitimate intended use of the money.

5. Don’t divide currency for the purpose of evading reporting requirements.

Check out CBP’s recent seizures of currency and DON’T LET THIS HAPPEN TO YOU!:

 

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Can I Bring in More Than $10,000 to the United States When Travelling?

posted by Customs & International Trade Law Blog January 10, 2012 15 Comments

I’m coming back into the United States and I need to bring in more than $10,000. I heard that it is illegal to bring that much money into the U.S. when you travel. Am I allowed to bring in more than $10,000 to the U.S. when I travel? 

The simple answer to this question is: YES

Many people are under the impression that you are not allowed to carry more than $10,000 into the United States; this is nothing more than an urban legend. The fact is that you may legally carry any amount of money you want into or out of the United States, but there is a catch. When transporting more than $10,000, you must file a report declaring the exact amount of funds you are transporting to U.S. Customs and Border Protection (CBP). To be clear, there are no customs duties, taxes or other fees paid to U.S. Customs for the international transportation of the money; it is merely a reporting requirement to U.S. Customs.  On a Typical Day in Fiscal Year 2015, CBP seized $356,396 in undeclared or illicit currency.

If persons traveling together have $10,000 or more, they cannot divide the currency between each other to avoid declaring the currency. For example, if one person is carrying $5,000 and the other has $6,000, they have a total of $11, 000 in their possession and must report it.

What happens if you don’t declare your money? The penalties and repercussions can be severe. If you are stopped by a U.S. Customs and Border Protection officer and more than $10,000 is found on your person or in your belongings and this money was not declared, you run the very real risk of CBP taking all of the money you were carrying… and keeping it. Failure to report the international transportation of money is serious business. Not only could you lose your money forever, you may be subject to civil and criminal penalties.

On a side note, reporting requirements are not limited to cash dollars. The same requirements apply for various monetary instruments, including foreign currency, traveler’s checks, domestic or foreign bank notes, securities or stocks in bearer form. To learn more about the requirements of the Currency and Foreign Transaction Reporting Act, click here.

And if you are reading this blog post because you failed to report your funds and CBP has seized your money, your best bet is to contact an attorney who is knowledgeable and experienced with these matters (info@diaztradelaw.com). There is an administrative process by which you can attempt to recuperate your funds and having the assistance of a skilled attorney is key to maximizing your chance of getting your money back and minimizing your chances of exposing yourself to civil and criminal fines.

My firm and I are greatly experienced with these matters, having handled hundreds of these types of cases nationwide. This is a Federal process most often done through email, telephone and snail mail correspondence with the Federal Government and so we can help no matter where in the country you are located or your monies were seized. Although we are located in South Florida, we handle cases all over the country. 

We have a webpage dedicated to Currency Seizures HERE with REAL SEIZURE NOTICE examples from CBP, a video describing the process and a sampling of some of our REAL successful results.

*Successful Past Results

Some REAL examples include:

  • $54,000 Seized by CBP – $49,000 Returned to our client
  • $50,800 Seized by CBP – $45,800 Returned to our client
  • $39,000 Seized by CBP – $36,500 Returned to our client
  • $37,360 Seized by CBP – $33,500 Returned to our client
  • $31,062 Seized by CBP – $28,562 Returned to our client
  • $16,334 Seized by CBP – $15,334 Returned to our client

Additional blog posts on currency seizures may be found HERE.

Contact us at info@diaztradelaw.com today to discuss your specific case.

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Help! U.S. Customs Took My Money at the Airport

posted by Customs & International Trade Law Blog February 1, 2010 101 Comments

You may legally carry or mail any amount of money you want into or out of the United States, but if it is more than $10,000 at one time, you better first report it to U.S. Customs and Border Protection. Otherwise, you risk U.S. Customs taking it from you, and never getting it back. Why?  Because your failure to report the international transportation of money is a violation of the Currency and Foreign Transaction Reporting Act.

All too often, I am contacted by a distraught American citizen or resident returning from a trip overseas, or a foreign visitor to the United States, who was unaware of the laws regarding currency reporting.  The person was asked by a U.S. Customs officer upon arrival at the international airport if he or she was carrying over $10,000. When the passenger honestly answer “yes”, or the U.S. Customs officer believes the passenger may be lying about the amount of money being transported, the passenger and his or her luggage are examined.  If over $10,000 in monetary instruments, including travelers checks and U.S. or foreign money, is discovered, and the required form, FINCEN Form 105, has not been filed with U.S. Customs, all of the money is likely to be seized on the spot by U.S. Customs.

A formal Seizure Notice will eventually be issued by U.S. Customs to the passenger, and the passenger may hire a customs attorney to pursue the administrative petition process to get the money (or most of it) back.  Proof of the legitimate source of the money and proof of the legitimate intended use of the money are required in communicating with Customs.  Eventually, after several months, Customs may return typically 90% of the money.

It is an expensive mistake to not report to U.S. Customs when either carrying, mailing, or receiving over $10,000 internationally.  Please read U.S. Customs and Border Protection’s “Currency Reporting” requirements and look at the FINCEN Form 105 and its instructions before attempting to transport over $10,000.  There are no customs duties, taxes or other fees paid to U.S. Customs for the international transportation of the money; it is merely a reporting requirement to U.S. Customs.

My firm and I are greatly experienced with these matters, having handled hundreds of these types of cases nationwide. This is a Federal process most often done through email, telephone and snail mail correspondence with the Federal Government and so we can help no matter where in the country you are located or your monies were seized. Although we are located in South Florida, we handle cases all over the country. 

We have a webpage dedicated to Currency Seizures HERE with REAL SEIZURE NOTICE examples from CBP, a video describing the process and a sampling of some of our REAL successful results.

*Successful Past Results

Some REAL examples include:

  • $54,000 Seized by CBP – $49,000 Returned to our client
  • $50,800 Seized by CBP – $45,800 Returned to our client
  • $39,000 Seized by CBP – $36,500 Returned to our client
  • $37,360 Seized by CBP – $33,500 Returned to our client
  • $31,062 Seized by CBP – $28,562 Returned to our client
  • $16,334 Seized by CBP – $15,334 Returned to our client

Additional blog posts on currency seizures may be found HERE.

Contact us at info@diaztradelaw.com today to discuss your specific case.