What Happens If You Don't Declare At Customs?
May 13, 2025
When traveling internationally, one critical step that should never be overlooked is declaring goods at customs. Failing to declare items can have serious legal and financial consequences. Whether intentional or accidental, neglecting this responsibility may result in fines, confiscation of goods, or even criminal charges. At Donet, McMillan & Trontz, P.A., our experienced attorneys understand the complexities of customs law and can provide crucial guidance if you find yourself facing allegations related to customs violations.
Understanding Customs Declarations
Customs declarations are used to disclose any items or currency you're bringing into a country that may be subject to taxes, restrictions, or bans. This typically includes:
- Large amounts of cash (usually over $10,000).
- Agricultural products.
- Alcohol and tobacco.
- Luxury goods.
- Electronics or goods exceeding the duty-free limit.
Travelers must complete a customs declaration form and be honest about their possessions. Border agents rely on these declarations to maintain national security and enforce trade regulations.
Operating an unlicensed money-transmitting business is a federal crime under 18 U.S.C. § 1960. This law prohibits knowingly conducting, controlling, managing, supervising, directing, or owning all or part of an unlicensed money-transmitting business. The penalty for violating this law can include fines and imprisonment for up to five years. Individuals that are arrested for bringing into the US in excess of $10,000.00 without declaring and not in possession of the proper licensing can be charged with this offense.
Legal Consequences of Failing to Declare at Customs
Failing to declare items can lead to serious repercussions. Penalties vary depending on the nature and value of the undeclared goods, but may include:
- Seizure of Items: Customs agents have the authority to confiscate undeclared items, even if they were brought into the country innocently.
- Fines and Penalties: Civil penalties can be significant. For example, not declaring currency over $10,000 can result in a fine equal to or greater than the amount.
- Criminal Charges: If authorities believe the omission was intentional, it can escalate into criminal charges such as smuggling, false statements, or fraud. These charges carry the possibility of jail time and a permanent criminal record.
- Travel Restrictions: Violations may lead to delays or bans from re-entering the country in the future.
Common Scenarios Leading to Customs Violations
Many people who fail to declare at customs do so unintentionally. Common mistakes include:
- Forgetting to declare cash or monetary instruments over the legal limit.
- Misunderstanding which items require declaration.
- Assuming items purchased abroad don't need to be declared.
- Relying on third-party packing or shipping services without verifying contents.
While honest mistakes are sometimes treated with leniency, border officials may still enforce penalties to uphold regulations.
How Donet, McMillan & Trontz, P.A. Can Help
If you are accused of failing to declare at customs, it's essential to seek legal representation immediately. At Donet, McMillan & Trontz, P.A., we:
- Analyze the facts of your case and assess your legal exposure.
- Help you respond to civil or criminal charges effectively.
- Represent you in court and negotiate with customs or federal authorities.
- Develop a legal strategy that minimizes penalties and protects your rights.
Our team has extensive experience in federal and international legal matters, including customs violations. We understand the stress these accusations can bring and are committed to providing aggressive yet compassionate representation.
Contact Us Today
If you've been charged with a customs declaration violation or are under investigation, don't navigate the process alone. Reach out to Donet, McMillan & Trontz, P.A., for experienced legal counsel. We will work tirelessly to defend your rights and pursue the best possible outcome.
Call us at
(305) 444-0030 to schedule a confidential consultation. Let our legal team help you move forward with confidence and clarity.
