Understanding Customs Offences
Undervaluation
Undervaluation occurs when the declared value of imported or exported goods is lower than their true transaction value.
Overvaluation
Overvaluation happens when the declared value of imported or exported goods exceeds their true transaction value.
Abuse of Concession
This offence involves using goods cleared under duty concession for purposes other than those for which the concession was granted. For example, raw materials cleared under duty concession for manufacturing but diverted to the domestic market for other uses.
False Declaration/Mis-description
Providing false, inaccurate, or incomplete information to evade proper Customs duty constitutes false declaration or mis-description.
Incorrect Tariff Classification
Using an incorrect tariff code for imports or exports to evade proper Customs duty is an offence. For instance, using a low-duty tariff code to clear high-duty goods.
Undeclared and Surplus Goods
These are additional goods not declared to Customs at the time of importation.
Money Laundering
Money laundering involves financial transactions to conceal the identity, source, and/or destination of money, often linked to organized crime. It includes activities like tax evasion or false accounting.
Smuggling
Smuggling is the unauthorized movement of undeclared goods across borders to defraud Customs revenue. This includes:
- Exportation of Prohibited Exports as described in Schedule 6 of the Customs Prohibited (Imports) and (Exports) Regulation 1986.
- Importation of Prohibited Imports as described in Schedule 1 of the Customs Prohibited (Imports) and (Exports) Regulation 1986.
Narcotics
This involves the import or export of prohibited drugs or controlled substances, governed by the Illicit Drugs Control Act 2004.
Penalties for Customs Offences
Breaching Customs regulations can result in penalties ranging from $25,000 to three times the value of the goods, imprisonment for up to 10 years, or both. The severity of penalties depends on the nature and circumstances of the violation under the Fiji Customs Act 1986.
Settlement Options for Customs Offences
Offenders have two options for settling cases:
- Request settlement under Section 155 of the Customs Act.
- Defend the case in the Court of Competent Jurisdiction.
Last Updated - July 28, 2025