Customs & Foreign Trade Law

As the boundaries of trade disappear in the globalizing world, legal procedures and regulations are becoming increasingly complex. Disputes in import and export processes can cause serious financial losses and criminal sanctions for companies. At this point, Customs Lawyer and Foreign Trade Lawyer play a critical role in ensuring the process complies with regulations and producing solutions in crisis moments.

1. What is a Customs Lawyer and What Do They Do?

A Customs Lawyer is a legal professional specialized in resolving disputes arising from Customs Law No. 4458, Anti-Smuggling Law and related foreign trade legislation.

Customs procedures are not just about paying taxes; you may face administrative fines, confiscation of goods, or smuggling charges requiring imprisonment. Customs lawyers provide both consultancy and case follow-up services.

Main Service Areas:

• Customs Disputes: Objection and litigation processes against customs taxes, additional assessments and fines.
• Smuggling Cases: Defense in criminal courts for charges under Anti-Smuggling Law No. 5607 (customs smuggling, etc.).
• Contracts: Preparation of international purchase-sale, dealership, distributorship and agency contracts.
• Financial Consultancy: Resolution of issues arising from letters of credit, bank guarantee letters, leasing and factoring contracts.
• Foreign Investment: Legal consultancy for foreign companies' investments in Turkey and Turkish companies' investments abroad.

2. The Heart of Foreign Trade: Maritime Law and Customs Relationship

A large part of world trade is carried out by sea. Therefore, a good customs lawyer must also be knowledgeable in Maritime Law and Maritime Trade. Transportation law and customs law are intertwined for goods arriving at customs gates.

What is Maritime Law?

It is an international branch of law that examines the use of seas and ocean waters, ship navigation and maritime trade.

• Maritime Public Law: Regulates states' sovereignty rights over territorial waters, continental shelf and exclusive economic zones.
• Maritime Private Law: Regulates commercial relationships between ship owners, cargo owners and carriers.

3. What Cases Does a Maritime Trade Lawyer Handle?

A maritime trade lawyer resolves commercial and logistical disputes that arise during or after ship transportation. Issues such as delays in customs clearance (demurrage) or damaged cargo arrival fall under this area.

Areas of Expertise:

• Freight Contracts: Preparation of cargo transport contracts and freight receivable cases.
• Collision (Ship Accidents): Material damage and compensation cases resulting from ship collisions.
• Ship Arrest: Detention of ship from voyage due to debt or rescue of detained ship procedures.
• Cargo Damage and Loss: Compensation cases against carriers in case of damage or loss of transported cargo.
• Ship Registry Procedures: Ship registration, flag hoisting and registry deletion procedures.

4. Customs Law No. 4458 and Turkish Customs Legislation

The Customs Territory of the Republic of Turkey covers Turkey's territory, territorial waters, internal waters and airspace. All goods and vehicles entering or leaving this territory are subject to the provisions of Customs Law No. 4458.

5. What to Consider When Choosing a Customs Lawyer?

Foreign trade and customs procedures can produce financial and criminal consequences that are difficult to remedy. Therefore, it is important that the lawyer you work with has the following qualifications:

1. Sector Expertise: Must be knowledgeable in import/export processes and logistics terms (Incoterms, etc.).
2. Interdisciplinary Knowledge: Must be able to evaluate not only customs legislation but also maritime trade, tax and criminal law as a whole.
3. Current Follow-up: Customs legislation has a dynamic structure that is constantly changing. Your lawyer must follow current circulars and regulations.