Contribution to the Solution of Customs Disputes by Administrative or Judicial Procedures
Customs and trade rules and procedures around the world are almost every day changing and getting much more complicated. If such changes are not followed regularly and interpreted accurately, the risk of making mistakes in customs procedures will increase. In turn, such mistakes will possibly cause serious disputes with Customs who might in most cases be asking for additional duties and taxes, plus severe penalties thereon.
With our team members having long national and international experiences in Customs, we can contribute to the settlement of your disputes by administrative or judicial procedures by providing our expert views or, if you so request, we can establish a contanct and coordination with our solution partner law offices.
Before a decision of Customs that may start a dispute;
If the declarant finds that there is a missing element or a mistake in a customs declaration, he or she can inform the Customs accordingly to get a reduction in the penalties to be normaly paid otherwise. In addition, if the declarant considers that there is a mistake in the customs legislation and/or implementation of that legislation by the administration, he or she can enter a reservation request in the customs declaration and carry the matter to courts by judicial procedure.
After the decision of Customs;
If the declarant finds the Customs is correct in its decision, the most reasonable option is the payment of total amount of the additionally assessed duties, taxes or other charges and penalties concerned at once.
If the declarant or the person addressed to pay additional duties, etc. and/or penalties claims that the reason behind those duties, etc. and/or penalties is his misunderstanding or misinterpretation of legislation, or there are some dicrepencies between the views of the Customs and judicial authorities on the subject matter, he or she can go through a reconciliation procedure with the administration.
If the declarant is of the view that the Customs is wrong in its decision or in implementation of the legislation, before going through legislative procedure, he or she can enter an objection at administrative level.
Once the objection made by the declarant is rejected by the administration or a positive result cannot be reached after the reconciliation procedure, he or she can initiate a lawsuit in judicial authorities.
