Rules for declaring cash at the border change - Customs can block amounts under 10 thousand euros, fines increase
Citizens moving through border crossings with cash in amounts over 10 thousand euros will face stricter controls, beyond the obligation to declare them to customs authorities and make them available for control.
Referring to the draft law submitted for public consultation on "Prevention of Money Laundering and Financing of Terrorism", the declaration must contain complete data on the holder of the money, the owner and the intended recipient of the cash.
When cash is unaccompanied, the customs authority may require the sender or recipient, or his/her representative, as the case may be, to make an information declaration within a period of 30 days. The customs authority may block the cash until the sender or recipient, or their representative, makes the information declaration. The declaration must also contain comprehensive data on the declarant, sender and recipient.
In order to verify compliance with the obligation to declare accompanied or unaccompanied cash, the customs authorities carry out checks on individuals, their luggage and their means of transport in accordance with the legislation in force.
When the customs authorities detect a holder with an amount of cash below the threshold of 10 thousand euros and there is evidence that the cash is linked to criminal activity, they will record this information and the required data as in the case above this threshold. In this case, where there are such suspicions, the customs authorities may temporarily block the cash by means of an administrative decision in accordance with the legislation. The period of temporary blocking should not exceed 30 days.
After the customs authorities have made a full assessment of the necessity and proportionality of a further temporary seizure, they may decide to extend the period of seizure for up to 90 days. Where no decision is taken within the time limit on the further seizure of the cash or if it is determined that the circumstances of the case do not justify a further seizure, the cash shall be returned immediately to the person from whom it was seized.
In case the customs authorities find a failure to declare as in the cases provided for above, they impose a fine, which is calculated as a percentage of the value. Specifically, 30% of the amount over 10,000 euros when the total amount of cash is not more than 20,000 euros; However, this fine cannot be less than 500 euros; 40% of the amount over 10,000 euros when the total amount of cash is more than 20,000 euros but not more than 50,000 euros and 50% of the amount over 10,000 euros when the total amount of cash is more than 50,000 euros.
When customs authorities suspect that the failure to declare constitutes a criminal offense for money laundering and terrorist financing, the criminal report, together with the relevant file, is transferred to the competent judicial authorities for further criminal proceedings, within 72 hours from the moment of verification of the violation.
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