Facing Serious Consequences: Individual Learns Expensive Lesson in China after Attempting to Purchase a Car, Resulting in a Fine and Loss of $37,000
Article:
Jetisu Resident Hits Border Cash Limit, Faces Hefty Penalty
In a recent case, a local resident was hit with a substantial fine for exceeding the cash transportation limit across the border. According to our report, this was based on the press service of the Supreme Court's statement.
The court's judgment alleges that the defendant's guilt was substantiated by various documents, such as protocols of administrative offenses, customs inspection reports, videos, and other case materials. The defendant's claim of innocence was perceived as an attempt to shirk administrative responsibility.
The court evaluated the witnesses' testimonies critically, as they attempted to absolve the defendant of administrative responsibility. Noteworthy, none of the witnesses filed a complaint with the authorities or the court regarding the violation of their property rights and interests from the day the money was seized until the trial.
The dispute over the amount of cash found in the defendant's backpack was resolved; the exact figure, 47,300 USD, remains undisputed. No substantial circumstances—either mitigating or aggravating—were established.
The exchange rate for USD at the time of the offense, as confirmed by the National Bank, was 484.19 tenge.
Considering the nature of the offense and the established circumstances, the defendant was found guilty under part 3 of article 551 of the Code of Administrative Offenses. A fine of 4.5 million tenge with the confiscation of 37,300 USD in favor of the state was imposed. The remaining 10,000 USD, not exceeding the mandatory declaration limit, was returned to the defendant.
The ruling has yet to take effect.
It's worth noting that according to subparagraph 7) of paragraph 1 of article 343 of the Code "On Customs Regulation in the Republic of Kazakhstan," cash and traveler’s checks are subject to customs declaration if their total amount when imported into or exported from the customs territory of the EAEU exceeds the amount equivalent to ten thousand USD at the exchange rate on the day the passenger customs declaration is submitted to the customs authority.
Furthermore, current regulations are in force following Presidential Decree No.830 of March 14, 2022, which prohibits the export of physical foreign currency and/or foreign currency-denominated financial instruments exceeding the equivalent of 10,000 USD, calculated at the exchange rate set by the National Bank of the Republic of Kazakhstan on the date of export.
Insights:- Travelers carrying large amounts of cash or monetary instruments when crossing the Kazakh border should declare the amount, as international norms and Kazakh regulations require.- Failure to declare cash or monetary instruments above the required threshold can result in fines, confiscation, or investigation under anti-money laundering regulations.- To learn about latest requirements, travelers are advised to consult the most recent official customs guidance or contact the State Revenue Committee of Kazakhstan for any updates related to Presidential Decree No.830, as the exact implications for the cash transport declaration procedure are not explicitly detailed in the available sources.
Advisory:Always verify the latest requirements with official Kazakh customs resources before traveling, as regulations may change due to new laws or temporary measures. For now, the information above reflects best practices and the generally expected protocol for cash transport across borders in Kazakhstan.
- The defendant was found guilty under part 3 of article 551 of the Code of Administrative Offenses, which deals with financial matters.
- According to subparagraph 7) of paragraph 1 of article 343 of the Code "On Customs Regulation in the Republic of Kazakhstan," cash and traveler’s checks are subject to customs declaration if their total amount exceeds the equivalent of ten thousand USD at the exchange rate on the day the passenger customs declaration is submitted to the customs authority, suggesting a connection to finance.
