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Need a lawyer who understands customs regulations (Receita Federal)

Last activity 09 May 2018 by h.boss

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h.boss

HI there,

Can anyone help? I would greatly appreciate it. Doesn't need to speak English - I can communicate just fine in Portuguese. Just needs to be good in this area of law and needs to be honest.

My situation:

Worked in Brazil for a couple of years at a Federal University. Was used by my supervising Professor to obtain equipment for 'short temporary projects' under temporary import, with the intention that they would always be returned to USA after the projects were completed. After they were completed, I was promised that they would be re-patriated back to USA via FedEx a few months' later as there were a couple more key projects to finalise. This Professor filled out all of the documents under my name and passport for me and also lied to the customs officers about a return date (they called him from Viracopos, SP when I entered). I now have a very large debt (thousands) to the Receita Federal as the deadline to re-export has lapsed.


This is only a problem for me in future if I enter the country as it will show up as I depart and they will demand payment for the taxes, which are around R$20k. I would like to be able to return again one day and still hold a valid RNE and BR driver's licence, not that that's of any relevance or use.

Why I need your help/advice:

Resolving things from abroad can be tough if not impossible.
Resolving things from abroad for a gringo probably is impossible. No one wants to help, few understand the rights and options.
SAANA do not want to help; they basically said it was too difficult to advise on and to get a lawyer.
Finding a lawyer willing to start this sort of battle? Hmmm.


Thank you. Any useful info would be great.

Regards

abthree

Consider contacting STTAS do Brasil, a subsidiary of Sandler & Travis Trade Advisory Services (acquired last year by UPS):

Rua do Rocio, 351, 11th Floor
Vila Olimpia, São Paulo, SP 04552-000
Brazil
+55.11.3045.3080

They have the expertise to help you, and the contacts to recommend someone if they don't think that your situation is a good fit for them, or that they would cost you more than their help would be worth.

stevefunk

I don't think there much you can do....you imported the materials, legally you were responsible and the fact is they did not leave on time.

h.boss

Thank you. Great advice. I will try this!

h.boss

Oh there is plenty I can do. I am only just getting started with commencing problems for these Professors (one from Brazil, one from USA).

You see, I was invited by them to move to BR for 3 years and given a salary, paid for by the BR gov (CNPq). I didn't fill out any customs forms; they took my information and did so, stressing that this equipment was vital to the project and this was the only way we could get it into the country in time for use (3 months') and then it would be re-exported on flight xxxx. They even lied about a return trip to repatriate the equipment along with a genuine date, time and flight number. I was new to the country, vulnerable and did what I was told to do in order to get things done. When I left I was told that the Universities lawyers were working on the documentation and it would be transferred to a graduate student of this American professor.

So if the Brazilian legal system is going to tell me that it's all my fault, that's fine because things are a little bit different in USA and this BR Prof's entire lab is basically funded by this US professor. I have all of the documentation to prove exactly what happened and I will file a serious grievance against him which in turn will hopefully spark some sort of action from BR.

But first, let's see .... Maybe I can try the same thing with this particular federal university in Brazil first. Or does Brazil not have Codes of Ethical Practices and such to which their permanent faculty must abide by?

stevefunk

Well then it sounds like you already know what to do.....so why are you seeking advice on a random forum?

Seems like you were what's referred to as the "fall guy".

h.boss

It's not a random forum. It's a place specifically where foreigners in Brazil come for advice and info. I would like to resolve things amicably first if possible, by using a local lawyer who understands this area of law. I don't wish to go down the other path.

You're not very empathetic - basically saying that I did it willingly so must face the consequences, this was my crime. Whatever.

If you have nothing to offer stop wasting your time commenting.

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