Tag

Border

EventsInternational TravelSeizuresSpeakingUncategorized

AILA CLE Luncheon: Ports of Entry – Searches, Seizures and More!

posted by Jennifer Diaz November 7, 2017 0 comments

fghdghDo you know rights (and your clients’ rights) when encountering law enforcement at airports and other ports of entry? Join us at The Rusty Pelican on Wednesday, November 15, 2017, at 11:45AM for an interactive discussion on various issues being encountered by travelers at ports of entry. Our panel of experts will discuss:
Continue Reading

CBPCurrency SeizureInternational TravelSeizuresU.S.CustomsUncategorized

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!

Continue Reading

Department of Homeland SecuritySeizures

Notice of Detention of Merchandise by U.S. Customs and Border Protection

posted by Customs & International Trade Law Blog February 24, 2011 4 Comments

U.S. Customs and Border Protection (CBP) issued a February 22, 2011 60-Day Notice and Request for Comments regarding its use of a "Notice of Detention".  I know, a lot of you are saying to yourselves, "When did CBP starting using Notices of Detention," and my response to you is "That’s a darn good question!"

The law, 19 U.S.C. 1499 and 19 CFR 151.16, allows CBP officers at the border to stop and search persons for merchandise.  If the CBP officer discovers something suspicious, and takes it from you, then it has been "detained".  In exchange, the CBP officer is required to send to the importer or passenger a Notice of Detention form no later than 5 business days from the date of the examination, stating that: (1) the merchandise has been detained, (2) the reason for the detention, and (3) the anticipated length of the detention. 

That all sounds reasonable, but the problem is that the legal requirement is often ignored by CBP.  Often, a Notice of Detention is never issued by CBP to the importer, or is issued late or does not state the reason for the detained merchandise.  I  have seen a few hundred Notices of Detention over the past 21 years as a customs lawyer, but have never seen one that described "the anticipated length of detention."

The Request for Comments asks the public for "ways to enhance the quality, utility, and clarity of the information to be collected."  I have a way to enhance the quality of the CBP Notice of Detention – follow the law and issue it every time, on time, and accurately.   For those who want to respond formally to CBP, click on the link for the address to address comments before April 25, 2011

CBPCurrency SeizureSeizuresU.S.Customs

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.

FoodMedical Devices

Medical Devices Seminar

posted by Customs & International Trade Law Blog August 6, 2009 0 comments

On August 14, 2009, Jennifer Diaz and I will speak at the annual FIME Conference taking place at the Miami Beach Convention Center, Miami Beach, Florida. The FIME Conference is one of the largest trade shows in the United Stated attended by medical device manufacturers, importers, and distributors from throughout the United States and Latin America.

The seminar topic is “How to Effectively Resolve Typical U.S. Food and Drug Administration and U.S. Customs and Border Protection Issues for Medical Devices.”

Medical devices are strictly regulated by the FDA.  We will discuss how to handle everyday examples of difficult issues with he U.S. Food and Drug Administration (FDA).  FDA issues include what to do if you receive a "Notice of FDA Action" or a "Warning Letter" that could potentially state you must stop producing or importing certain medical devices.  FDA may allege that the device is adulterated because you do not have an approved Premarket Approval Application (PMA) to demonstrate that the device is safe and effective for the new intended uses for which you are marketing it. In addition, the FDA may allege that a device is misbranded because you have not submitted a section 510(k) premarket notification to notify the FDA of your intent to introduce the device into commercial distribution for these new intended uses. Your company may have its imported merchandise authomatically detained by the FDA because it is on the "detention without physical examination" list.  Fortunately, there is a procedure to get off that list.

Effectively resolving U.S. Customs and Border Protection (CBP) issues includes appropriately responding when CBP says your medical devices are under "detention," or will be "seized" and "forfeited".   You will also learn the appropriate response after you receive a "liquidated damages claim" up to $75,000 from CBP.