Release of Seized Goods

A notice of goods seizure by Customs is every importer's nightmare. Beyond the distress, it is a ticking financial time bomb: port storage fees balloon daily, the goods may spoil or lose relevance, and waiting customers may cancel orders. Seizure typically occurs due to suspected smuggling, false declarations (under-valuation or misclassification), intellectual property infringement (counterfeit brands), or failure to meet import legality requirements. Without prompt and precise handling, the temporary seizure will turn intoforfeiture (permanent confiscation) of the goods, and may even lead to personal criminal proceedings against the business owners.

The Customs Ordinance grants the authority draconian powers to seize goods, but the law affords the importer the right to a hearing and the opportunity to fight for their property. The legal process typically includes:

1. Filing a request for return of seized goods: A legal argument as to why the seizure is unjustified or disproportionate.

2. Compounding of forfeiture: In many cases, an arrangement can be reached whereby the goods are released in exchange for payment of a monetary fine ("compounding payment") and waiver of criminal proceedings.

3. Intellectual property handling: If the goods were seized due to a counterfeiting claim, crisis management vis-à-vis the rights holder and the Customs Intellectual Property Division is required.

Our firm operates under an "emergency protocol" with Customs units at the seaports and Ben Gurion Airport. We know how to distinguish between a good-faith human error and malicious intent, and we use this to persuade Customs investigators to release the goods as quickly as possible with minimal damage. Our experience in negotiating compounding amounts and canceling criminal charges enables you to get your goods back and return to business, rather than sinking into years of legal proceedings while your merchandise deteriorates in a warehouse.