RETURN OF GOODS SEIZED BY CUSTOMS

Customs encompass the territorial waters, inland waters, and airspace of the Republic of Turkey. Goods brought into the Customs Territory undergo procedures at customs administrations, including risk analysis-based controls, to be subjected to customs-approved processing and use.

Seizure of Property

According to Article 235 of the Customs Law;

• If it is determined that the import of the goods is prohibited by general regulatory administrative procedures, or,
• If it is determined that the import of goods is subject to licenses, conditions, permits, restrictions, or conformity or competency certificates issued by certain organizations, but is declared as if it is not subject to such certificates or as if such certificates have been obtained,

In addition to administrative fines and tax penalties, decisions are made to confiscate property and transfer its ownership to the public

According to Article 57 of the Customs Law; the detention of goods or the suspension of customs procedures that infringe upon the rights of the rights holder regarding intellectual and industrial property rights that must be protected under the legislation on intellectual and industrial property rights are carried out by the customs administrations upon the request of the rights holder or their representative.

Items Exempt from Seizure Order

According to Article 57 of the Customs Law No. 4458; the provisions of this article do not apply to personal belongings intended for the passengers' own use, or to gifts that are not of a commercial nature and fall within the limits of customs duty exemption. Similarly, goods protected under intellectual and industrial property rights legislation, or goods produced with the permission of the rights holder, are excluded from the scope of confiscation provisions if they are subjected to a customs procedure without the consent of the rights holder, or produced under conditions different from those approved by the rights holder, or bear a different trademark.

Liquidation Decision

In accordance with the provisions of the Law on Combating Smuggling;

• Items that are in a condition to be liquidated,
• If the court orders the return of seized property to its owner, the property will be returned if it is not collected within 30 days from the date of notification to the owner

It will be liquidated in accordance with the provisions of Article 178 of the Customs Law No. 4458.

Disposal of Seized Property

Article 16 of the Law No. 5607 on Combating Smuggling regulates liquidation. Furthermore, according to Article 178 of the Customs Law No. 4458, the methods of liquidation of seized goods are as follows:

1. By sale through auction,
2. By selling for re-export purposes,
3. By being sold at retail,
4. By being allocated to public institutions and foundations and associations established by special law,
5. By destruction,
6. It is liquidated through a private process.

Return of the item to its owner

If a decision is made to return the seized goods, the liquidation administration will carry out these decisions in accordance with the provisions of the Customs Law and the applicable customs and foreign trade legislation.

According to Article 16, paragraph 2 of the said Law, after the date on which the court decision becomes final and the obligation to implement it expires within 30 days;

 “The proceeds from the sale of liquidated goods or vehicles are deposited into an escrow account. If it is decided that the liquidated goods or vehicles should be returned to their owner, the sale price, along with legal interest for the period from the date of seizure to the date of return, is paid to the rightful owner in accordance with the provisions of Article 180 of the Customs Law. If the amount in the escrow account is insufficient to cover the payment to the rightful owner, the difference, or the value of the destroyed goods if they have been destroyed, is covered by the customs administration from the relevant appropriation of the general budget and paid to the rightful owner.”.

If it is decided that the goods should be returned to their owner, the customs duties on the liquidated goods will not be refunded; if a confiscation decision is made, the sale price will be recorded as revenue for the revolving fund of the Ministry of Customs and Trade.

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