The moment of truth: the moment of baggage checks

The “pre-analysis” system which has been put in place and which, according to Customs, makes it possible to predict with great accuracy which travelers abroad comply with the rules and comply with the limits concerning the entry of goods purchased from abroad and who on the contrary incur excesses or crimes, relies on a variety of systems provided by airlines and public databases, including social networks, which make it possible to establish “risk profiles ” and to identify the most probable smuggling and imports of goods for commercial purposes, avoiding the payment of tariffs.

Whenever an Argentine resident travels abroad by plane, the airline through which he does so must send the data collected and stored in the Passenger Name Record (PNR) to the National Migration Board. , which originates from the booking of the flight and is documented even if it is cancelled).

This register includes the data listed below, as established by the International Civil Aviation Organization and which is now part of the Customs Prior Control System recently established by Argentine Customs.

1- Passenger backrest locator.

2- Date of reservation.

3- Complete itinerary of the trip.

4- First and last names of each subject transported in the PNR.

5-Information on payment methods.

6- Billing address.

7- Billing order.

8- Contact telephone numbers.

9- Information on loyalty programs (referring only to miles flown and address or addresses).

10- Travel agency.

11- Travel agency.

12- Split/split PNR information.

13- Ticketing information.

14- Ticket number.

15- Date of issue of the ticket.

16- History of non-appearance of the passenger (no show).

17- Last minute passenger without reservation (go show).

18- Information on waiting lists.

19- Baggage tag numbers.

20- Seat number.

21- Headquarters information.

22- Quantity of luggage.

23- Any other information collected by the advanced passenger information system, known as APIS, for its acronym in English (“Advanced Passenger Information System”).

This information is shared with the AFIP through the Directorate General of Customs within the framework of customs controls and is added to other information.

From there he noted Sebastien Dominguez, As a partner of the SDC Asesores Tributarios study, Customs can define the risk of customs violations based on a matrix capable of analyzing the amount of luggage with the passenger leaving the country and comparing it with that brought back and – based on the number of seats allocated to the passenger – including the possible relationship with other passengers on the same flight, in particular if he occupies a nearby or adjacent seat.

If, for example, the passenger makes a purchase in Spain and processes the VAT refund before the Spanish tax authorities (the amount is refunded at the airport of departure, before boarding the return flight, or credited to his credit card), AFIP-Customs will receive the details of purchases made abroad, as shown in the attached document of a recently returned Argentinian who bought clothes in Spain, including a Uniqlo jacket for 140.41 euros, the most expensive item of the purchase, as specified in the DIVA Form that the Spanish tax authorities share with AFIP/Customs, who have these documents in their possession before the passenger lands in Argentina.

The form by which the Spanish tax authorities informed their Argentinian counterpart of recent purchases by an Argentinian in Spain.  The information is generated from the VAT refund request.
The form by which the Spanish tax authorities informed their Argentinian counterpart of recent purchases by an Argentinian in Spain. The information is generated from the VAT refund request.

A possible blind eye of the system is that, for example, someone making a purchase in one European country requests a VAT refund in another, in which case the information of the agency handling the order is sent to the country where the purchase was but not necessarily the residence of the purchaser (i.e. Argentina).

Domínguez has studied customs procedures and measures regarding prior checking and summarized them in the following points:

1-You can enter the country with a new mobile phone and a laptop or tablet, without paying tariffs. If you leave the country with a relatively new imported mobile phone, it is advisable to declare it when you leave; With the affidavit form presented at the airport, trouble will be avoided upon return. In principle, if someone leaves the country with a computer assembled in Tierra del Fuego or imported but bought 5 years ago, it is not necessary to declare it, since it is no longer sold. But to avoid disputes, everything that is taken abroad can be declared, especially electronic objects.

2-You can enter clothes and objects without commercial purpose, for personal use without paying tariffs, but – again – to avoid boring discussions, it is advisable to remove any tags on which clothes purchased abroad and entered the country are listed. In addition, it is convenient to use it beforehand. AFIP can analyze the number of items of the same type and even the sizes: if a person brings several goods of the same type and different sizes, it is difficult to convince the customs officers that it is for personal use.

3-People 16 years or older have a non-cumulative monthly deductible of 500 USD and those under 16 50%, or $250. It is advisable to keep the purchase receipts of the goods included in the deductible to avoid discussions about their value. It should be noted that AFIP/Customs analyzes online publications such as Amazon and EBay to “determine” estimated prices of goods. If someone bought a good under a special offer, he can prove that he paid less for it with the ticket or the purchase invoice.

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4-Accumulation of the Franchise: deductibles are added for married couples and cohabitants and children under 16. For example, a family with a married couple, a 16-year-old son and a 10-year-old son will have a total deductible of $1,750 ($500 x 3 + $250)

5-Excess of the deductible: On the excess, 50% of the fare must be paid at the official exchange rate. For example, if a person brings goods worth 700 USD, he will have a surplus of 200 USD (700 USD minus 500 USD), on which he will have to pay 100 USD at the official exchange rate.

It should also be taken into account that due diligence can lead to monitoring of social media accounts. If, for example, the data suggests a risk of smuggling or importing for commercial purposes, Customs can check whether a person is selling goods via Instagram or any other social network. Someone who sells clothes online and travels to Miami with some regularity builds a “risk profile” even if the sale or travel is by a relative or close person who coincides on the flights they abroad, which emerges from the analysis of PNR registrations.

Risk profiles do not imply the detection of an offense or crime, but rather an index indicating the likelihood that a person will attempt to evade customs regulations. Furthermore, Customs explained that it is not a system of general application, but for specific use at certain airports. Not all flights, he said, are subject to this data scan, which however goes beyond a pilot test, although it is still far from full implementation.

“The person who travels and brings clothes or brings a mobile phone will have no problem,” Guillermo Michel, the head of customs, recently told GlobeLiveMedia. “In the past two months we have done advance information work, this has given us information on 52 passengers, of which 22 have returned positive results. It is a selective task,” he said. .

A task that led to the seizure of clothing, slippers, mobile phones, computers, drones and perfumes whose quantity and variety made them import for commercial purposes. A notorious case occurred when the pre-analysis system issued an alert regarding a man who, accompanied by a woman, attempted to bring 100 pairs of sneakers and 251 items of clothing into the country via the baggage allowance on a flight from Montreal, Canada. , in which he brought 15 parcels.

“I was surprised by the ability to locate the shoes in the suitcase,” Michel said.

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