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Declaring US$10,000 cash at customs

It is written on almost all customs and immigration forms for Jamaica and the United States of America. It is written in clear language but sometimes ignored.

The movement of cash above US$10,000 must be declared and, if not, one is likely to offend the laws of Jamaica or certainly the laws of the United States of America. There is no doubt that this could be serious trouble in some jurisdictions for those who are on the wrong side of the law.

Below is a Star reader's account as told to him by a friend.

He said: "Dear sir, I have a problem that my friend and I have. We need some legal advice. The problem is she came to America on the work programme. She did the time they gave her and she came back to Jamaica on September 8. I gave her US$2,000 dollars to give my mother and I think another friend also gave her US$3,000 for his dad. She got back safely but when she got to customs, they searched her handbag and found US$11,500.

She explained to them how she came by having that much money and they even asked us to send a written letter and photocopy of our driver's licence and to have our signature notarised. We did that, but after a month we still have not received an answer. I spoke personally to this woman who I think is a customs officer. My friend in Jamaica said when she called the woman, she kept saying 'Don't worry', but we don't know what to do. This happened on September 8 at the Montego Bay airport."

The first point to consider is whether the Government through the customs department will confiscate the sum of US$11,500 from your friend on the grounds that it was not declared either in the United States or upon entry in Jamaica. If it is a case where the customs department is likely to apply its discretion, you have already provided the relevant information to indicate that the money came from different sources and, of course, to imply that it was not intended to willfully break the law. At this stage, it is just a matter of time.

However, you might wish to secure the name of the customs officer dealing with the matter and write to her to confirm that he or she took the money from your friend. You may also ascertain what is to happen next and when. If you are not getting through, I would suggest that you write to the commissioner of customs and ask him to make an enquiry for you. Just for completeness, you may also benefit from the wise counsel of an attorney-at-law. If, indeed, the law was breached, tread softly and carefully.

Keith N. Bishop is an attorney-at-law and partner in the firm of Bishop & Fullerton. He may be contacted by email at knbishop@gmail.com or by text at 779-2871.

 
October 23, 2008
 

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