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DirkBettinger
DirkBettinger, Rechtsanwalt
Category: German Law
Satisfied Customers: 131
Experience:  2. Staatsexamen
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Need advice concerning an issue with German custom at

Customer Question

need advice concerning an issue with German custom at Frankfurt airport while i was transit for 30 min. from jeddah to Nice (in France) they say i had to declare 11,750 Euro while i had to declare 3 suitcases in Nice? I had nothing to do in Germany , apparently the circulation in the air port made that, i didn't enter Germany , need advice
Submitted: 1 year ago.
Category: German Law
Expert:  José M. replied 1 year ago.

Hi there, European Law says that you have to declare always you have more than 10.000 euros cash

They will request the origin of the money

If they see its clear they ley you go, even when they could put you a 600 euros fine

If the origin is not clear the fine could be higher or even they could keep the money until you give the right origin of it

Thank you

Customer: replied 1 year ago.
According to §§ 1 para. 3a und 12a para. 1 ZollVG [customs law] in conjunction with Article 3 of Decree (EU) No. 1889/2005 of the European Parliament and the Council of 26.10.2005, any natural person entering or leaving the European Union carrying €10,000 or more in cash must declare this amount in writing, at the responsible customs point at the time of entry or exit.You entered the European Union via Frankfurt/Main airport on 21.07.2015, on flight LH 599 from Jeddah / Saudi Arabia. A written cash declaration was not handed in at the main customs office in Frankfurt am Main.
During a customs check at about 7.20 in the green exit of customs station 6 in Terminal 1, officials of the main Customs Office in Frankfurt questioned you about the cash you were carrying, as you were about to leave the customs area. You stated that you currently had €10,000 on you. In the context of the customs check, the equivalent of a total of €11,751.83 (11) was discovered in your carrier bag, for which you were unable to produce a completed cash declaration stamped by customs. As you had already entered the green channel designated for ‘Nothing to Declare’ items, you did not fulfil your responsibility to make a cash declaration. You have thereby failed to declare this amount to the customs, in writing and of your own accord. You have thus acted in contravention of i.S.v. § 31b ZollVG, with the result that officials of the Main Customs Office in Frankfurt have begun proceedings against you for a fine and, in accordance with § 46 of the Administrative Offences Act (OWiG) in conjunction with § 132 Code of Criminal Procedure (StPO), have imposed an amount €1,800.00 to be taken from you as security for the anticipated fine and costs. Contraventions of i.S.v. § 31b ZollVG are punishable by fines of up to one million euros. Taking into account the facts at hand, I now intend to set a fine of € 1,400.00 (plus expenses and fees of € 73.50 and plus any costs that may be incurred for translation or interpreting) for negligently committing the above offence. I hereby give you the opportunity, in accordance with § 55 OWiG, to make written representations concerning the facts of the case. Please in any event fill in the attached document and send it back to me, so that after completion of this process any remaining balance of your security deposit can be transferred to your account as quickly as possible. You are reminded that you are free either to express yourself with regard to the accusation, or to remain silent. If by 05.11.2015 no written statement is forthcoming, I shall assume that you do not wish to express yourself on the matter in hand, and will make a decision on the basis of the documents available. Yours faithfully, with authoritymy answer was:
was a transit passenger in Frankfurt airport from Jeddah in flight # ***** leaving Jeddah Saudi Arabia to flight # ***** to Nice in France. Arrival to Frankfurt was 7:20 a.m. , and my Frankfurt to Nice flight was departing 8:20 a.m.(I missed this flight because of the incident)
The time needed to go from area B to area A and check in for flight # ***** was just enough to catch the check in desk of departure, so being transit passenger, nothing to do in Germany, I was focussed on catching my next flight, and the idea of any custom check in transit was not considered nor thought of particularly while I had 3 suitcases checked to Nice, so it was obvious and normal that the customs check would be in Nice.
While in a hurry the unexpected sudden check took me by surprise because I know that the custom check would be in Nice not in any transit place. I didn’t want to enter Germany, I was going to Nice, nothing to do in Germany. I missed my flight because of the unexpected process, then left later at 12:25 to Nice on flight # *****
In addition to the above, all the money was in my handbag, exposed and seen by everybody. It was not hidden nor concealed. I had 20 notes of 500 Euro making 10,000 Euro brought to spend for my vacation until the 10th of September (contract copy of my vacation rental in Cannes is attached).
What they referred to as excess was the equivalent of 1680 Euro in Saudi Riyal, Canadian Dollars and some Euro change (mostly bills of 10’s and 5’s).I request your Honour to consider the following:— I was transit passenger going directly in less than one hour to France— I had nothing to do in Germany, nor entered it, if the airport circulation forced this to happen, that was not considered nor planned.— I had 3 suitcases to be checked in Nice together with any other declarable items— The Customs in Nice checked everything and were found o.k.— The money was for my vacation with my wife in Cannes until the 10 Sept. 2015— All the money was in my handbag exposed so no bad intention nor plan to break any law— Unlike all flights to U.S. and Canada, no custom forms were distributed— The money I brought was 10,000 Euro consisting of 20 notes each 500, the ex
Expert:  José M. replied 1 year ago.

Perfect, you have to declare the origin of the money and thats will be all

If they ut a fine you could make an appeal

Thank you

Customer: replied 1 year ago.
continuation of my letter,
— The money I brought was 10,000 Euro consisting of 20 notes each 500, the extra was what was equivalent to Euro 1680 of Saudi Riyal, Canadian dollars, and some change, mostly in 10’s and 5’s. I declared all, together with my 3 suitcases in Nice, my final destination, not in a very short transit.— I missed my connecting flight due to the delay and the custom check was done in Nice for my 3 suitcases and the money.— Should your Honour need, I am ready to come during my vacation until September 10 and explain further.— Will call your Honour to answer any further questions.
Khaled ShadyNeed to know how the fine will affect my future visit to Germany?
Expert:  José M. replied 1 year ago.

No, fine will be no a problem on future, they do not care, and it is not sure they put one if you give a clear origin of the money

Thank you

Customer: replied 1 year ago.
the judge said in her letter she was going to take 1400 euro from the 1800 euro they took from me at the Airport, you said 600 euro only , can you see any reason for that ?
Expert:  José M. replied 1 year ago.

Yes, 600 is the monimun they could ask for, But the last decision is for they and you could make an appeal

The reason is that they think you could be non honest when telling the origin of the money

Honestly I do not recomend you to waste money making an appeal, really

Customer: replied 1 year ago.
you charged twice , not ok , return the illegal charge to my account, I will file dispute about it

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