Are you responsible for incorrect tariffing of goods if you have committed an offense under the previous Customs Law?

The previous Customs Law stipulated that incorrect tariffing of goods means entering a tariff heading that is different in relation to the data on the nature of the goods (Article 294, paragraph 1, item 5). The new Customs Law prescribes that incorrect tariffing is the presentation of incorrect or untrue data, i.e. acting in any other way (Article 267, paragraph 1, item 2).

The first-instance courts hold the charged legal entities not responsible for misdemeanourbecause the new Customs Law does not incriminate the action the entry of a tariff heading which is different in relation to the data on the nature of the goodsas misdemeanour. The courts refer to the case law of the highest court instance according to which “with the expiration of the law, the possibility of its application for acts undertaken during its validity does not cease if the new law treats the same act as punishable but with stricter penalties so that the law is not more lenient.”

In addition, the courts consider that the legislator, in the transitional provisions of the new Customs Law, was obliged to explicitly indicate that the misdemeanour under Article 267, paragraph 1, item 2 consumes the misdemeanourunder Article 294, paragraph 1, item 5 of the previous Customs Law. The Misdemeanour Court of Appeals does not share the opinion of the first instance misdemeanour courts. We believe that the Constitutional Court should remove this uncertainty and bring legal certainty to the business of importers and freight forwarders.

Ivan Milošević, Partner

Janez Vončina, Senior Associate

Law OfficeJPM Janković Popović Mitić