|
Trade and Service Issues
Bulletin 04/09 CHINA VALUATION ISSUES
CONTINUE Did you hear the one about ... A client clothing company who imports goods from China,
and had the experience of their business premises, their accountant's
business premises and the home of the directors being searched by
Customs, who had been issued with warrants to do so. The facts are similar to the situation we described in the first
three paragraphs of our Trade and Service Issues Bulletin 01/07 (which can be
viewed under the Bulletins icon at www.dutg.com.au).
Customs were justified in investigating the situation that
they thought they saw in the international transactions of the company and
the directors. Customs considered the documents taken during the
execution of the warrants and we had correspondence and discussions with Customs
in relation to their concerns. Customs have recently advised that they are not going to
prosecute the company or its directors and will be returning the company's
documents to them. Our suggestion: Never assume that the situation presented to you or to a
client following a Customs and Border Protection investigation or in a
prosecution, either tells the entire story, or that the client does
not have a reasonable defence to suspicions or allegations of wrong doing. Customs prosecutions must be proved beyond reasonable doubt and
so what may look unusual is not necessarily enough to justify the
successful prosecution of a client or the issuing of a penalty notice. We suggest that to protect your client's interests, when faced
with an action by Customs or the Director of Public Prosecutions:-
Please do
not hesitate to contact me with any questions? With best regards, John Law Solicitor and Director; Licensed Customs Broker The Down Under Trade Group, for Justice, Trade & Customs "Our
Industry Experience, makes the difference"
Bennelong Legal Central Coast Lawyers Down Under Legal Down Under Trade Group mediating LATERAL Solutions - Dispute Resolution without Litigation This email and any attachments are confidential and may be
subject to legal privilege. If you are not the intended recipient and/or have received this
email in error, please let us know immediately by return email and delete the
message from your system without showing or distributing the message to
anybody else. We use anti virus software but exclude any and all liability
for viruses found in any message or in any attachment. |
