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Smuggling and Customs Violations
American history is filled with stories of smugglers and bootleggers bringing goods into the country illegally and without the official consent of the government. But why did this practice begin in the first place? Think about the way the colonies were set up under the British. The colonies produced raw materials such as lumber, wool, iron, cotton, tobacco, rice, and indigo. Britain used the raw goods to produce manufactured goods that were sold in European markets and back to the colonies.
This system of mercantilism ultimately contributed to the Revolutionary War, as smuggling and the circumvention of existing customs laws became common practice. British customs officials often were bribed by colonial shippers. The bribes allowed ships from the French, Spanish, and Dutch loaded with illegal goods to enter the Colonies. That was in the 17th and 18th centuries, yet laws against these practices still exist today.
Below you'll find a more in-depth look at smuggling and customs violations in the modern era, including the categories of laws prohibiting such activity, real examples of these crimes, and where to go for legal representation if you're charged with any version of these federal crimes against the government.
Smuggling and Customs Violations Explained
Customs laws are in place to control the importing of goods and import taxes, known as "duties," into the country. The stated purpose of U.S. customs laws is to protect the economy, residents, jobs, and the environment (such as stopping foreign pests, plants, or diseases from entering) by controlling the flow of goods into and out of the country. The U.S. Customs and Border Patrol Protection agency (CBP) imposes customs duties on goods coming into the country at a rate of about 3 percent, but can be much higher depending on the country of origin. The customs duty is typically levied at the time of the importation.
Categories of Customs Violations
Customs laws can be found in Chapter 27 of the U.S. Code, Section 541 through Section 555. Those in violation of these laws, can be slapped with both criminal and civil penalties. In addition to smuggling, there are three other main categories of crimes that fall under customs violations:
1. False Declarations;
2. Exporting violations; and
3. Importing violations.
False declarations 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 in from overseas. You can violate the law by misrepresenting the value of the goods, omitting them from the declaration form completely, or making false representations. Also, if you fail to disclose leaving or entering the country with $10,000 worth of currency, you can be criminally charged.
Exporting violations 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.
Import violations involve attempts to conceal the nature of the imports, their origin, value, or nature in order to evade import duties. Individuals can violate importation duties when, for example, 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.
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