Rights/Obligations of consumers-store owners from Customs Department inspections

It is a fact that at times most shopkeepers have experienced the control or even on-site inspection of their goods by the Customs Department.

The customs authorities are therefore granted legislative power to enter businesses, with the exception of residences, when there is reasonable suspicion that an offense is being or has been committed in any shop or building, with the exception of entry into a residence, for which the issuance of a search warrant is required, as required by the Law, authorizing the competent officer to enter and search the residence named in the warrant.

Similarly, subject to the existence of reasonable suspicion, the Customs Department may search any vehicle or vessel not in motion or stop and search any vehicle or vessel for the purpose of detaining or seizing products subject to confiscation.

It is customary for Customs to carry out inspections in stores to investigate the commission of offenses which, among other things, concern the non-payment of duty or tax that has not been paid or for which a guarantee has not been deposited or even complaints about the sale of products that infringe intellectual property rights registered by a third party. The aforementioned are also the most common cases of detention and subsequent confiscation of products.

Procedurally speaking, the Customs Department serves a notice of seizure of goods subject to confiscation on the person who possesses such goods or appears to possess them, notifying that person in writing of the reasons for the seizure of the product.

Therefore, it is the right of the shopkeeper to be informed in writing and satisfactorily of the reasons for the seizure of the goods in order to give the shopkeeper the right to claim for a reasonable cause the return of the seized and confiscated goods within 30 days from the service of the notice or within 30 days from the seizure of such goods. Such a right is activated by submitting a reasoned written proposal to challenge the decision of the Director of the Customs Department.

Subsequently, if the deadline passes and the shopkeeper remains inactive, then the seized merchandise is declared legally confiscated.

However, in the event that the shopkeeper submits a reasoned written objection, the Director of the Customs Department must file a lawsuit within a reasonable time for the issuance of a court decision on the issue of the confiscation of the goods and if the Court decides that at the time of the seizure the goods were indeed subject to confiscation, their confiscation is declared by court.

Given the filing of a lawsuit by the Director, the goods are considered to have been legally seized and are to be confiscated, until proven otherwise by the storekeeper, who also bears the corresponding burden of proving the legality of his possession during the time prior to their seizure.

Petros Hadjipetros

Lawyer

DIMITRIOU & DIMITRIOU D.E.P.E.