GB Abogados are frequently assisting international clients who have had cash sums confiscated at a Spanish airport.
These cases typically arise when the traveller is carrying in excess of €10,000 in cash.
The law says that you can cross the border with an amount equal to or greater than €10,000 as long as a prior declaration is made.
CAN I TRAVEL WITH € 10,000 OR MORE WITHOUT MAKING ANY DECLARATION?
According to article 34 of Law 10/2010, April 28, on the prevention of money laundering and the financing of terrorism, there is an obligation to declare funds equal to or greater than € 10,000 upon departure or entry into Spanish national territory.
For the purposes of this Law, funds shall be understood as:
- Currency in notes or in cash, national or foreign.
- Bearer bank checks denominated in any currency.
- Any other physical means, including electronic means, designed to be used as a means of payment to the bearer.
WHAT MUST THE DECLARATION CONTAIN?
The declaration must conform to the approved model and must contain truthful data concerning: the carrier, owner, recipient, amount, nature, origin, intended use, itinerary and mode of transport of the means of payment.
WHAT HAPPENS IF I DO NOT MAKE THE DECLARATION?
Article 35 of this Law grants authority to customs or police officers to control and search individuals, their luggage and means of transport.
The article also states that the omission of a declaration, or an incomplete or inaccurate statement, may be grounds for the seizure of means of payment, except the minimum survival amount of €1,000 per person, according to Order EHA/1439/2006.
WHAT ARE THE CONSEQUENCES OF NOT MAKING THE DECLARATION?
In addition to the seizure of the money at the airport, not declaring funds at the exit or entry of Spanish territory is considered by Article 52 of this Law as Serious Infringement.
This entails a fine of between €600 and double the value of the money confiscated at the airport.
CAN I RECOVER THE MONEY?
Gascón Bernabéu have extensive experience and a highly qualified team to assist you in reclaiming the funds.
It is a procedure that takes approximately 6 months.
It requires documentary evidence to show that the money is lawful, as well as a passport copy and a bank statement to request a refund when an agreement is reached.
If you have had this problem at the airport and you are in this situation, do not hesitate to contact us for a free consultation.
Gascón Bernabéu Abogados
+44 (0)203 137 1320
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