The Rescue of an Unlucky Tourist and His Suitcase of Cash

"Man is a strange creature: he grieves when he loses his wealth, yet remains indifferent to the fact that the days of his life slip away, never to return."

Abu al-Faraj

We all know very well that, when travelling abroad, in order for a holiday or business trip to go smoothly and without unnecessary trouble, it is essential to strictly observe all local laws and regulations, including customs rules. Breaching them can lead to substantial fines, and, in cases where the breach falls under one of the provisions of the criminal code, to criminal proceedings against the offender. One thing tourists often carry with them, flying abroad and returning home, is cash.

So what exactly are the rules for carrying cash across the customs border, and what does every tourist need to know in order not to breach them?

Cash in an amount of up to 10,000 euros can be brought into Germany without any formalities, per person crossing the border who has reached the age of 16.

Cash in a total amount of 10,000 euros or more must therefore be declared in writing to the competent customs authority. Equivalent means of payment worth a total of 10,000 euros or more, when entering Germany from an EU member state, need only be declared orally if asked (i.e. it is enough simply to state this) during a customs check. At all German airports, a green- and red-channel system has been introduced to speed up customs clearance for passengers arriving by air. As many will know, the green channel is for those who have no prohibited or restricted goods, have not exceeded the duty-free allowance, and have no need to complete a written declaration. Everyone else must go through the red channel to declare their goods and any valuables of material worth. If a traveller is carrying commercial goods, even ones being brought in duty-free, they too must use the red channel. At the same time, customs officers in every country remind travellers: choosing the green channel does not mean you won't be checked. A customs officer is entitled to stop and search the luggage of any passenger, even in the green channel.

The form to be used for the declaration is "Anmeldung von Barmitteln" (form 0400 — German version, or form 0401 — English version). This form must be completed electronically or by hand, in two copies. Both copies must be signed by the declarant and presented at customs. The declaration must be presented even without a specific request to do so — even if customs did not stop you or ask about the cash you were carrying. Unfortunately, "ignorance of the law is no excuse," and an unlucky traveller's claim that they failed to take the necessary procedural steps because it was their first time and they simply didn't know the rules is by no means grounds for automatic forgiveness. An attorney who knows exactly which arguments and evidence can help mitigate or lift a penalty can be of considerable assistance in such a case. The story of our client Viktor (name changed) is an excellent example illustrating that, even in difficult situations, there is always a way out if an experienced professional takes on the case.

Born and permanently residing in Ukraine, Viktor had long dreamed of buying a quality German car. Unfortunately, several factors at once stood in the way of realising this plan quickly. First, Viktor, who had once graduated from an institute of physical education and sport, had spent his whole working life as a physical education teacher at one of the local schools. His salary, even taking into account bonuses and long-service allowances, left much to be desired. Second, he had a family — a beautiful wife and two teenage twin boys. Needless to say, every member of the family needed to be well fed and well dressed, so for a long time there was simply no question of putting money aside. Third, the political and economic situation in Ukraine was not conducive to developing a business of one's own, and, unfortunately, our client had no particular entrepreneurial streak either. It seemed Viktor had no chance at all of fulfilling his cherished dream. One fine day, however, the couple came up with the idea of opening their own small sports club. No sooner said than done — the idea gradually took shape, and within a year they had found premises, renovated them themselves, bought decent second-hand equipment, and started operating. Although at first hardly anyone believed the venture would succeed, Viktor himself included, the club began to grow, and within a year of active work it started turning its first profit. Viktor and his wife were overjoyed, pouring almost all their energy and time into their venture, which, naturally, helped them start building up some savings of their own. The budding entrepreneur increasingly began to wonder whether it wasn't time to finally realise his long-held plan and buy a reliable used car — all the more so since a car was needed for both family and business purposes. So, at a family council, it was finally decided to buy the car in Germany, renowned for its solid automotive industry. The couple planned that Viktor would fly to Germany, where a distant relative permanently living there would help him pick out a car, after which he would drive it back to Ukraine himself. They also decided to take cash for such a large purchase, since they did not want to pay a hefty fee for a bank transfer. It should be noted that Viktor had never once travelled abroad before and spoke English only passably. To make things easier for him, a relative promised to meet him in Berlin, put him up for a week, and accompany him in choosing a reliable car of the chosen make. Unfortunately, his wife could not make the trip either, since there was no one back home to look after their not-quite-grown-up children.

It seemed the trip had been planned perfectly, and everything should have gone smoothly — if not for that unfortunate sum of 18,000 euros that Viktor carried in the inside pocket of his coat while walking through the green channel after landing in Germany. He was detained and questioned on the spot. A record of an administrative offence was drawn up over the breach of the customs border rules. But the saddest part of this story was that a substantial sum — 5,000 euros — was withheld by the customs officer pending a final decision in the case. What made it all the more painful was that our client genuinely had not known such rules existed and had committed a fairly serious offence purely "out of foolishness." On the advice of his relative in Germany, Viktor turned to our firm for legal advice and help finding a way out of what seemed like a hopeless situation.

After listening carefully to our client, our firm's attorney, who specialises in such cases, explained to him clearly that, since the offence had in fact been committed, all that remained was for us to do everything possible to mitigate the potential penalty as much as we could. Having received a power of attorney from the client to take legal action on his behalf, we prepared and submitted a petition to the customs authority asking it to take the following important facts into account when determining the penalty:

· this was Viktor's first trip abroad, and he had no experience crossing foreign borders;

· the sum he was carrying was intended solely for the purchase of the family's first car;

· the couple had saved this sum together over several years, and it represented practically all the assets the family had;

· the breach was committed purely out of ignorance and served as an excellent lesson for our client going forward; naturally, he will never do anything of the sort again.

Our firm's attorney attached to this petition a full set of evidence, along with Viktor's detailed statement on the matter.

The fact that the offence had been committed was indeed established and not disputed; the penalty due could not be waived entirely. After analysing the facts set out in the petition, however, our client was fined 1,500 euros — which, in the circumstances, was recognised as the result of excellent work by our attorney. Viktor thanked us warmly for our efforts, well aware that the consequences of his "ignorance" could have been far more severe.

We wished our client luck in all his future endeavours, and we would advise our readers, especially when crossing foreign borders, to be as vigilant as possible, to study entry rules carefully in advance, and not to rely on the hope that "it'll probably be fine." Any careless step and any breach that comes to light can carry fairly "painful" consequences. If you need legal assistance or a one-off consultation, come to our law firm. We will listen carefully and advise you on what can and should be done to prevent, resolve, or minimise the problem in your particular case.

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