borders customs-law belarus
Can I be prosecuted for smuggling as long as I honestly declare everything I&#39;m bringing?
<p>Some products are illegal in some countries, or cannot be legally imported.  If I attempt to carry such a product into the country, but then honestly declare it at the border (<em>I would like to declare 50 g of marijuana, sir</em>), can I be prosecuted for attempted smuggling?  Or will I simply be faced with the choice of turning around or forfeiting my goods and continue without trouble?</p>

<p>For the sake of this question, assume the product can be legally possessed in the country of origin and the traveller is arriving by land.</p>

<p>For example, methyl alcohol is readily for sale in most/all EU countries, but <a href="https://travel.stackexchange.com/a/140824/2509">cannot be taken by private persons into the Eurasian Economic Union (EAEU)</a>.  If I carry it with me still <em>and honestly declare it at the border</em> when entering the EAEU at the Brest - Terespol border, can the Belarusian police arrest me for attempting to bring products across the border illegally, or will I at worst simply have to continue without those goods (or be denied entry and keep my goods)?</p>

<blockquote>
  <p>If I attempt to carry such a product into the country, but then honestly declare it at the border (I would like to declare 10 kg of marijuana, sir), can I be prosecuted for attempted smuggling?</p>
</blockquote>

<p>This depends on the jurisdiction and its definition of "smuggling."  In the US, as an example, <a href="https://www.law.cornell.edu/uscode/text/18/545" rel="nofollow noreferrer">smuggling</a> implies fraud or "clandestine" action.  Openly bringing a forbidden item and declaring it would not meet the definition of this crime.</p>

<blockquote>
  <p>Or will I simply be faced with the choice of turning around or forfeiting my goods and continue without trouble?</p>
</blockquote>

<p>Depending on the product in question, probably not.  In the marijuana example, even if you are not guilty of smuggling, you are guilty of possessing and transporting a controlled substance (see <a href="https://www.law.cornell.edu/uscode/text/21/chapter-13/subchapter-I" rel="nofollow noreferrer">21 USC subchapter I</a>).  You could also be charged with intent to distribute, which would likely be a more serious crime.  You could also be charged under the laws of the state in which the port of entry is located.</p>

<p>With regard to the methyl alcohol example, I do not know whether bringing it to the customs desk at a port of entry would constitute a crime.</p>

<h2>You don't get do-overs at the border</h2>

<p>The instant they catch you, they <em>can</em> charge you with absolutely anything that applies.  They apply the laws which apply in <em>their</em> country. </p>

<p>It's easy to forget that they have multiple laws for what is basically the same thing.  So even if one does not apply, another one will.  If they don't get you for smuggling, they can get you for importing, possession or anything else that can stick.  </p>

<h2>The impact is worse than inside the country</h2>

<p>Let's say you are going from Canada to Washington State . Marijuana is legal in both jurisdictions, but it's <em>not</em> legal at the US Federal level, and they're the ones who run immigration/customs.  So you're really pretty much at their mercy.  At the very, very least, it will definitely be confiscated, even if they do choose to let you through or send you back to Canada. </p>

<p>Since you <em>declared</em> it, they probably wouldn't make smuggling stick. But they could still nick you for a <a href="https://www.stcatharinesstandard.ca/news-story/8994303-american-arrested-at-border-with-canadian-purchased-pot-gummy-worms/" rel="nofollow noreferrer">variety of Federal charges</a>, including possession obviously, and importation.</p>

<p>Further, being caught with the contraband will significantly affect your privilege of crossing that national border in the future.  </p>
