HIGH RISK OF TRAFFICKING ITEMS AND PENALTIES.
The most important and frequently encountered High Smuggling Risk items are defined below;
FUEL TRAFFICKING.
Fuel oil that is subject to national marker application but contains national marker below the level determined by the Energy Market Regulatory Authority or does not contain any national marker at all, is defined as smuggled fuel. In addition, it is seen that smuggled fuel, also known as number one oil, obtained by various processes of mineral, vegetable, animal and waste oils other than fuel oil, is put on the market illegally.
Use of illegal fuel; While it causes irreversible or costly damage to the engine parts of vehicles, it can also cause vehicle fires. In addition to public health, it causes environmental pollution by increasing sulfur and carbon emissions and reduces our quality of life.
By combating fuel smuggling, we not only aim to minimize the factors affecting human health and environmental pollution, but also contribute to the country's economy by preventing unfair profits. For this purpose, purchasing products from fuel sales points licensed by the Energy Market Regulatory Authority, reporting situations such as price fluctuations at these sales points and not issuing receipts/invoices by the business after sales, as well as reporting the people and businesses selling illegal products to law enforcement units will contribute greatly to the fight against this.
GOODS TRAFFICKING.
Commodity; The word means all kinds of buyable and sellable goods. Leaving all kinds of foreign goods, except tobacco and tobacco products, alcoholic beverages, fuel and historical artifacts, within the country to be put on the market through irregularities in customs procedures and border violations is called commodity smuggling.
Our citizens should act knowing the real market of the product when shopping for these products, and it should not be forgotten that the products sold well below the market price may be smuggled products.
In order to detect the cloned mobile phone, which has been frequently encountered in commodity smuggling cases recently, the IMEI number obtained by dialing *#06# on the dialing screen can be compared with the IMEI numbers on the device case to physically check whether there is a difference. Moreover; The IMEIs accessed can be queried at www.turkiye.gov.tr/imei-sorgulama to check whether they belong to different brands and models of mobile phones or whether they are registered. It should not be forgotten that some electronic devices, which are smuggled into the domestic market and seem attractive due to their affordable prices, may explode while being charged and used, causing serious danger to life and property.
For drugs that are suspected to be smuggled and that cause death if used, every point they pass through, starting from production or import, is monitored.
It can be questioned whether they are included in the Pharmaceutical Track and Trace System (ITS) at www.its.gov.tr.
TRAFFICKING OF CULTURAL AND NATURAL ASSET.
Historical artifact smuggling is the sale of cultural and natural assets at home or abroad by obtaining them through illegal excavations and robberies. Due to the fact that our country has artifacts from many historical civilizations, the intense influx of tourists makes the biggest contribution to its promotion in the international arena. In addition, visiting our world-famous museums where works are exhibited contributes to the country's economy.
Historical artifacts belonging to our country are smuggled both within the country and abroad and traded illegally in auction houses and art galleries;
• It prevents the continuity and transfer of our cultural heritage, which is the common cultural heritage of humanity and provides information about the societies to which they belong, by shedding light on them, to the next generations,
• It harms scientific studies,
• It poses a threat to tourism and the country's economy,
• Taking the necessary initiatives for his extradition in case he is smuggled abroad creates a greater financial burden than the fight against crime and casts a shadow over our country's cultural sovereignty in the international arena.
Our historical artifacts are removed from their places and sold illegally in various environments and social media platforms. Recently, it has been frequently seen that fake works are offered for sale as if they were real on websites created for treasure troves, in an attempt to defraud our citizens. Therefore, our citizens need to be careful about this issue.
It should not be forgotten that, according to the Law on the Protection of Cultural and Natural Assets No. 2863, failure to forward an artifact found within 3 days to any state institution will result in criminal liability.
TOBACCO PRODUCTS AND ALCOHOLIC BEVERAGE TRAFFICKING.
Tobacco products and alcoholic beverages are sold with bandrolls within the framework of the relevant legislation. Products without banderols, with fake/imitation bandrolls, duplicate banderols, and products with fake content even though the banderol is original constitute the issue of tobacco products and alcoholic beverage smuggling.
Although the sale of illegal tobacco products and alcoholic beverages is a crime, it should not be forgotten that counterfeit alcoholic beverages cause deaths and irreversible permanent damage to the human body. Our citizens should be sensitive about these issues and should notify law enforcement units if they obtain information about the sale and production of illegal/counterfeit alcoholic beverages and tobacco products.
Citizens who purchase tobacco products and alcoholic beverages must first check the banderols on the box/bottle. Products with worn banderols should not be purchased as they may contain duplicate banderols. The authenticity of the banderol on the product to be purchased can be checked with the BUIS application, which can be downloaded to smartphones.
Detailed information on this subject is available in the "Our Services/Customs Consultancy Services/Customs Risk Management" section.
WHAT ARE TRAFFICKING CRIMES?
The crime of smuggling is regulated as a crime in Law No. 5607 in terms of combating smuggling, as goods entering the country without permission cause a decline in foreign trade and the inability to collect customs duties, which are an important source of income for the state. The crime of smuggling may occur when goods that are prohibited to be imported or exported are brought into the country, or when goods that can be imported or exported are smuggled through customs in order to avoid payment of mandatory customs duties, they are brought into or removed from the country illegally. However, we cannot comprehensively consider the crime of smuggling with these. For example, even if the goods are brought within permission, they may be used for purposes other than their intended purpose, or goods that are not exported may be shown as exported. As can be seen, the crime of smuggling cannot be defined in a single way. Smuggling crime is counted as "economic crimes". Because, it is due to both the losses in the economic expenses of the state and the fact that the items subject to crime have an economic value.
Acts subject to the crime of smuggling are regulated in Article 3 of the Anti-Smuggling Law. However, the following crimes are not included in the Anti-Smuggling Law in terms of application. Because the smuggling crimes to be listed have already been sanctioned by separate laws.
● Crime of trade and smuggling of cultural assets, (smuggling of historical artifacts)
● Arms smuggling crime,
● Crime of producing illegal alcohol and tobacco,
● Drug and stimulant smuggling crime.
Smuggling Crime and Punishment (Customs Smuggling).
In other words, the Smuggling Crime is also called the "Customs Smuggling Crime" due to the public damage caused by goods that are not subject to customs procedures. Customs Smuggling crime; It can be examined in two ways as import and export smuggling;
Import Smuggling Crime;
• Bringing Goods into the Country Without Being Subjected to Customs Procedures (Article 3/1 of Law No. 5607)
Failure to pass customs procedures while bringing goods into the country from abroad constitutes the crime of Import Smuggling. Two types of crimes are prescribed for goods not subject to customs procedures and penalties are determined accordingly:
1) Bringing goods that are not subject to customs procedures into the country through customs gates. The penalty is imprisonment from 1 to 5 years and a judicial fine of up to 10,000 days.
2) It means bringing the goods into the country from outside the customs gates. In this case, the penalty to be imposed is increased from one third to one half.
In order for the crime of import smuggling to occur, the goods must not be among the types of goods that are not prohibited to be imported or exempt from import taxes. Because the importation of prohibited goods into the country is also regulated in the following paragraph of this article (Art. 3/7).
• Crime of Importing Goods through Deceptive Transactions (Art. 3/2)
It is engaging in deceptive transactions and behaviors in order to avoid paying less or no tax for goods that have gone through customs procedures. The most common practice is to engage in deceptive transactions by forging private or official documents. The penalty is imprisonment from 2 to 5 years and a judicial fine of up to ten thousand days.
• Leaving the Goods Transported Within the Framework of the Transit Regime in the Customs Territory (Art. 3/3)
The transit regime is a product that is not subject to trade policy measures and import duties, that is, has not entered into free circulation or export-related customs procedures have been completed; It is carried under customs supervision while being transported from one point to another within the Turkish Customs Territory. Leaving goods transported within the framework of the transit regime, that is, goods that are not in free circulation, within the customs territory constitutes this crime. The penalty is imprisonment from 1 to 3 years and a judicial fine of up to five thousand days.
• Treating Goods Brought for a Purpose as if They Were Taken Abroad (Art. 3/ 4)
To be used or processed for a specific purpose; It is an item brought into the country for temporary importation and inward processing. The subject of this crime is the processing of these goods as if they were taken abroad by fraud, that is, by forging documents. The penalty is imprisonment from 1 to 3 years and a judicial fine of up to five thousand days.
• Crime of Knowingly Selling, Offering for Sale, Purchasing, Transporting and Storing Smuggled Imported Goods Domestically (Art. 3/ 5)
After the crime of smuggling is completed, it is the commission of the crime by selling, buying, offering for sale or carrying or storing within the country, independently of this crime. Goods subject to crime are goods that are not subject to the customs regime, goods that were imported by forging documents, goods that were imported within the framework of the transit regime or brought for temporary importation; In other words, the use of goods within the framework of the crime types in the above-mentioned paragraphs by someone else for commercial purposes after the crime of smuggling is completed by others constitutes this crime. The penalty is imprisonment from 1 to 3 years and a judicial fine of up to five thousand days.
• Crime of using goods contrary to the purpose of import, offering them for sale, selling them, accepting them, transferring them (art. 3/ 6)
A crime occurs when goods imported with partial or complete exemption from taxes are used for purposes other than those specified under special laws. In this way, people who allocate a type of goods for use other than their intended purpose, offer them for sale, sell, transfer them, or buy or accept them knowing that the goods constitute this crime are punished. The penalty is imprisonment from 6 months to 2 years and a judicial fine of up to five thousand days.
• The Crime of Importing Prohibited Goods, Selling, Transporting or Purchasing or Storing Goods Knowing That They Are Crimes (Art. 3/7)
This crime occurs when items that are prohibited by law are brought into the country. However, the ban on importing the goods must be made by law. Despite this, anyone who buys, sells, offers for sale, carries or stores the criminal goods knowing that they are illegally imported into the country will be punished. The penalty for this crime is imprisonment from 2 to 6 years and a judicial fine of up to twenty thousand days, unless the act committed is a crime that requires a more severe punishment.
Export Smuggling Crime;
• Exporting Goods whose Export is Prohibited by Law (Art. 3/8)
A crime is committed when goods whose export is prohibited by law are removed from the Turkish Customs Territory. If the act in question does not constitute another crime that requires a more severe penalty, a prison sentence of 1 to 3 years and a judicial fine of up to five thousand days are envisaged.
• Fictitious Export Crime (Art. 3/9)
The export transactions of the goods must be carried out in accordance with the commercial policy measures of the state, and the export taxes must be paid in full and exited properly. The customs administration carries out the export procedures and conformity inspection of the goods.
The crime of fictitious realization of export transactions is committed if the goods are shown as if they were made in order to benefit from incentives, subsidies or monetary refunds, even though the export transactions have not been carried out in accordance with the procedure, or if the type, quantity and price of the goods for which export transactions are carried out are shown differently.
• Fuel and Oil Smuggling (Art. 3/11)
If fuel that is subject to national marker application, containing or not containing national marker below the level determined by the Energy Market Regulatory Authority, is produced, kept or transported for commercial purposes, offered for sale, or purchased with the knowledge that it is the subject of a crime, the person will be sentenced to imprisonment from two to five years and twenty thousand fines. shall be punished with a judicial fine for up to three days. If fuel is smuggled into the country as part of this crime, the penalty is determined according to 3/10.