An Giang Customs: Combating effectively against illegal transport of money and gold cross border

Subject and exhibits of the case transporting 8kg of gold and 100 million of Riel that seized by Tinh Bien Customs Branch - An Giang Customs department in 33/2017.

Complicated situations

An Giang has a long borderline with Cambodia with flat country, many waterways, and roads so it is very convenient for transport. On the other hand, along the route across the border (Cambodia territory) there are many casinos and hidden places… hence the activities of transporting gold and currencies cross border are very complicated.

According to An Giang Customs Department, besides facilitating import-export activities and entry and exit activities, An Giang Customs Department has instructed the units to actively implement professional measures to discover, seize and strictly handle the subjects violating the law. In particular, to focus on grasping the situation, intensify inspection, strict control of subjects with suspicious signs carrying large amounts of cash that does not have a clear purpose of the trip. The units should notice the cases of taking advantage of visiting relatives, traveling, traveling to work in order to illegally transfer foreign currency. To monitor, inspect, supervise and strictly control the intercity passenger transport vehicles, especially luggage, in order to avoid the illegal importation of currency, precious metals and gems.

Among the five cases involving gold and money that were arrested by An Giang Customs Department, there were 3 smuggled cases with the exhibit of 8kg gold bars (24K), over 100 million Riel, $US 400 and 500 million VND; 1 case of illegal export with the exhibits of over $US 11,000 and over 30 million VND; 1 case of customs procedures violation (entry into the country by passport without declaring the excess of the prescribed level) with the exhibit of over 10 million Riel. An Giang Customs Department has prosecuted two cases, the police agency to prosecute one case. Violators are Vietnamese, Cambodians and people of both nationalities, so the illegal movement of gold and currency across borders is quite complicated, there is mutual assimilation in the process of exchange, receiving goods and illegal cross-border transportation.

There are many obstacles

With the results of the arrests are relatively effective, but according to An Giang Customs Department, the illegal transportation of gold and silver items is very sophisticated and valuable, so in many cases the perpetrators will perform their tasks to the end. For the transport of goods across the border, when arrested, there are many methods of countermeasures. An Giang Customs Department said that according to the law on criminal procedures, after making a record of arresting the offender, the customs office has no authority to issue a decision on detaining a criminal person. Particularly, when detecting and arresting traders and transporting foreign currencies, it is necessary to conduct the inspection so that they have encountered many obstacles and difficulties in setting up the original violation dossiers.

One more difficulty now is the data and sharing of data related to the illegal movement of gold and currency across borders is almost very limited. An Giang Customs Department recommends the establishment of a database of branches and inter-ministries related to money laundering prevention and control, such as trip information, doubtful trip purposes of individuals; information on foreign exchange management of passengers on entry and exit; trade fraud through price; wrong number of goods, wrongly declared amount, volume of goods for money laundering purposes to share with the units in the industry as a basis for struggle and prevention.

An Giang Customs Department continues to recommend the issuance of circular replacing the Decision No. 92/2000 / QD-NHNN dated 17 March 2000 of the Governor of the State Bank on the carrying of foreign currency cash, Vietnam dong in cash for individuals on entry or exit with exit or entry laissez-passers or border identity cards; To issue the Circular replacing the Decision No. 17/2004 / QD-NHNN dated 5/1/2004 of the Governor of the State Bank on the promulgation of the Regulation on payment for trading and exchange of goods and commercial services. in the border area of Vietnam - Cambodia. The proposal to replace these two decisions in the direction of requiring export and import of goods under commercial contracts of enterprises must be paid in USD and through the banking system in the form of TTr, L / C ... Cash only for import and export goods of border residents. For passengers on entry or exit, they are allowed to carry only VND, USD, and money of the countries sharing the borderline as prescribed. They are not permitted to exceed the declared rates and may not use them for remittance into a current account for the purpose of paying for the purchase of goods from Vietnam enterprises. At present, the cash payment in VND is high risk, enterprises can take advantage of this mechanism for fraudulence in the implementation of VAT refund for exported goods.