[misc.legal] What would happen if ...

lars@salt.acc.com (Lars J Poulsen) (07/14/89)

In article <18443@usc.edu> davidp@skat.usc.edu (David Peterson) writes:
>Considering the recent postings of university price lists on apple
>equipment, and the outrageous prices in Europe; I thought a mac would
>be a nice gift for my cousin in England.
>
>What I'm wondering is what kind of trouble I'm going to run into when
>I show up at customs with the thing?
>Are there import duties or anthing like that?
>If I just say its mine and that I'm going to school
>there, then leave without it is it  considered smuggling.

What happened to old fashioned "personal integrity" ?

(1) The university consortium includes a provision that the discounted
    equipment is for the personal use of students, faculty and staff of the
    university and may not be resold. I am sure that the contract of sale
    passes this restriction on to the buyer in legally binding form.
    While this provision may be difficult to enforce, you will be
    breaching a legal contract if you purchase a system with the intent
    of passing it on to somebody else.

(2) You bet there are customs duties. There is probably also something
    called "Department of Commerce Export Regulations". In order to
    prevent the USSR from buying MacIntoshes and taking the MC68000
    chips out and using them in missile guidance systems, there are
    severe restrictions on the sale (and presumably donation) of
    computer equipment to foreign countries. Violating the export
    control regulations is a US felony.
    Recent revisions of the regulation will allow the export of a
    MacIntosh to a CoCom country like UK on a "general" export license,
    but you have to certify who gets it and that you have imposed
    restrictions on the recipient to ensure that they will not re-export
    the item.
    Assuming that you have dealt with the export regulations, the import
    duty to the UK is probably about 10 % PLUS V.A.T.; I am not sure
    what V.A.T. is in the UK, probably 15 % or so; I don't know if a
    gift would be subject to V.A.T., but I know it would be subject to
    import duty.

(3) In most European countries, to knowingly make a false statement to
    a government official (the laws tend to specifically name police
    officers and customs officals) is a felony; you gould get 6 months
    to a year in the big house if they decide to make an example of
    you.

Yes, this would be smuggling. How could it not be ?

/ Lars Poulsen <lars@salt.acc.com>   (800) 222-7308  or (805) 963-9431 ext 358
  ACC Customer Service              Affiliation stated for identification only
                My employer probably would not agree if he knew what I said !!