Designer bags and undeclared clothes in Agno (cross-border guide)

Context

In a nutshell

A border crossing was intercepted by the Swiss Customs Office (UDSC) at Agno airport with a load of counterfeit accessories and clothing. The border worker, a Ukrainian citizen, was fined and called to duty. Counterfeits were confiscated.

Key facts

• The border crossing was intercepted at Agno airport.
• The cargo consisted of fake designer bags and undeclared clothes.
• She was fined and called to duty.
• Counterfeits have been confiscated.

The border crossing company, a Ukrainian citizen, had to clear the rest of the cargo and pay a fine for the failure to declare customs on entry into Switzerland. The UDSC explained that the introduction into Swiss customs territory or the removal from the latter of counterfeits related to trademarks and designs is in principle prohibited. The same applies to goods imported, exported or in transit in tourist traffic for private purposes.

The border crossing was stopped at Agno airport as she was about to board a flight to Ukraine. The UDSC found that the cargo consisted of 15 fake designer bags, 20 fake branded T-shirts and 10 pairs of fake branded shoes. The border company claimed to have purchased the cargo from a Lugano dealer, but the UDSC found that the dealer did not exist.

The border company was fined 10,000 Swiss francs, as required by customs law

Operational details

The border agent had to clear the rest of the cargo and pay a fine for the failure to declare customs on entry into Switzerland. The Office of Customs and Excise (UDSC) explained that the introduction into Swiss customs territory or the removal from the latter of counterfeits related to trademarks and designs is in principle prohibited. The same applies to goods imported, exported or in transit in tourist traffic for private purposes.

According to article 15 of the Swiss Customs Regulation (RDS) of 2003, which governs duty-bound and free goods, "whoever introduces or removes from this customs territory duty-bound or free goods without declaration or with incomplete or false declaration, shall be punished with a fine of at least CHF 1'000.00 and up to CHF 100'000.00". 📊

The Agno case is just the latest in a long line of breaches of Swiss customs rules. In 2020, the UDSC found that an Italian citizen attempted to introduce into Swiss territory without declaration 15 designer bags of the "Louis Vuitton" brand with a total value of CHF 10,000.00. The citizen was punished with a fine of CHF 5,000.00.

To avoid incurring penalties, it is important to correctly declare goods subject to duty or goods free upon entry into Switzerland. Here is some useful information:

• Operational checklists:
• Check if the goods are subject to duty or free goods
• Declare the goods correctly

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Key points

If you are a frontier worker and you intend to transport goods to the Swiss territory, make sure that you declare them correctly and do not introduce counterfeits. Swiss customs are very strict with those who introduce counterfeits into the national territory. If you have been intercepted with a load of counterfeits, you may be fined and called back to your duties.

Article 5 of the Customs Act of 10 October 1920 states that "anyone who introduces or transfers counterfeit or altered goods risks a fine of Fr. 1,000 to Fr. 100,000. ”This means that if you have been intercepted with a load of counterfeits, you could be fined up to 100,000 francs.

Here are some concrete examples of what could happen if you don't properly declare your goods:

• If you are carrying a load of Louis Vuitton designer bags without declaring them, you may be fined CHF 5,000 if the value of the bags is less than CHF10,000. If the value is more than CHF 10,000, you may be fined CHF10,000.
• If you are carrying a load of undeclared clothes, you may be fined CHF2,000 if the value of the clothes is less than CHF5,000. If the value is more than CHF 5,000, you may be fined CHF5,000.

Here is some operational information that could help you avoid being intercepted with a load of counterfeits:

• Be sure to correctly declare your goods upon entry into the

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Source: laregione.ch