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Міністерства закордонних

справ України

від 22.06.07  № 71/ВАП/17-901-721

Information on the obligation to declare cash in amounts of EUR 10,000 or more carried by travellers entering or leaving the territory of the European Community

Obligation to declare cash - failure to do so can result in a fine. What has to be done?

From June 15th 2007, anybody entering the European Community from, or leaving it for Non-Member States - so called third countries - and carrying cash with a total value of EUR 10,000 or more is required to declare the cash to the competent national authorities. In Germany, the declaration is to be lodged in writing with the customs administration.

Travellers are required to comply with the obligation to declare cash by Article 3 of Regulation (EC) No 1889/2005 of the European Parliament and the Council of 28th October 2005, which is applicable throughout the European Community and not only in the Federal Republic of Germany. Non-compliance of the obligation constitutes an offence, punishable by fine.

In Germany, it is the task of the customs administration to monitor the compliance of the obligation by customs checks.

The non-declaration or the false declaration of cash carried can result in a substantial fine of up to one million euros.

What is the objective of the obligatory declaration at the external frontiers of the EU?

The objective of the obligatory declaration at the external EU -frontiers and of the customs checks is to prevent more effectively cash movements from illegal sources and to prosecute cases of influx of proceeds from criminal acts into the European Union (i.e. the prevention and prosecution of money laundering).

Furthermore, the aim is to identify any person who is in contact with terrorist organisations and who is carrying large sums of money and to seize the money they are carrying, to prevent the cross-border funding of terrorism.

The obligation to lodge a declaration and the customs checks do not restrict the free movement of capital. Even in future it will be possible to carry along unlimited amounts of cash without permission.

How to comply with your obligation to declare:

What forms of cash have to be declared?

Cash funds are defined here as currency or cheques (traveller's cheques), money orders, promissory notes, shares, debentures, and due interest warrants (so called coupons).

How is the declaration to be made and what information is required?

The declaration is to be made in writing. Declaration forms are provided by the customs officers and are also available from the customs administration homepage, at www.zoll.de.

If you are carrying cash with a value of EUR 10,000 or more, you are required to state your personal data, your travel itinerary and your means of transport. You are also required to state precisely how much money you are carrying along, to declare where the money originated from, what it is to be used for, who the owner of the money is and who is the payee. It is necessary to enter the information completely and legibly on the form provided by the customs officers.

Where is the declaration to be handed in?

If you are carrying cash with a value of EUR 10,000 or more, you are required to hand in your written declaration to the customs office at which you are entering or leaving the territory of the European I Ininn

Special rules apply to travellers using air, rail and sea transport:

Air passengers, arriving in the European Union via an international Community airport (e.g. Frankfurt am Main Airport) are to give in their written declaration at the red customs exit for passengers with goods to be declared.

When leaving the territory, travellers are to declare their cash at the respective signed customs office at the airport.

Anyone arriving in or leaving the European Union at an airport which is not an international

Community airport (e.g. by private aircraft), is to hand in his or her declaration at the customs office responsible for the airstrip used.

- Rail passengers, travelling into or out of Switzerland are to declare their cash in writing during the customs checks on the train. The customs officers will have the relevant forms with them and will give passengers the opportunity to fill them in and so to comply with their obligation to declare.

Travellers arriving in the European Union by ship are to give in their written declaration at the customs office responsible for the customs landing stage at which the ship has berthed, unless a customs check has already been performed on the ship. In this case, the customs officers will carry a supply of the required forms and will give passengers the opportunity to fill them in and so to comply with their obligation to declare.

Travellers leaving the territory of the European Union by sea are required to declare their cash in writing at the customs office responsible for the customs landing stage at which the ship has berthed.

What happens once all the necessary information has been given?

If the information given is complete and coherent and does not constitute grounds to suspect money laundering or the funding of terrorism, you can take your money with you and continue your journey unimpeded.

The second copy of the declaration will be returned to you endorsed and signed by customs. It is recommended to keep this copy for the duration of your trip.

What happens if the information gives reason to suspect money laundering or the funding of a terrorist organisation?

Should there be reason to doubt the information given by the person travelling or if there are any other grounds to suspect money laundering or the funding of a terrorist organisation, the money will be placed under customs custody until the matter has been investigated.

What consequences may travellers face who fail to give information or give false information regarding cash they are carrying along?

In the event of non-declaration or false declaration of cash carried along the traveller risks a substantial fine of up to one million euros. The charging of the fine penalty is based on Section 31 b of the Customs Administration Act.