Demurrage and Storage Costs Caused by Customs Delays in Turkey: Who Pays? — 2026 Current Guide

Who pays demurrage, container detention and storage costs caused by customs delays in Turkey? Learn importer liability, recovery claims and legal remedies in this 2026 guide.

Customs delays in Turkey can generate substantial demurrage, container detention, port storage, warehouse and handling charges. In high-volume shipments, daily costs may quickly exceed the value of the imported goods. Foreign businesses often assume that customs, the carrier or the customs broker will automatically pay because the delay was beyond the importer’s control. In practice, the party initially invoiced and the party ultimately liable may be different.

The importer or consignee is often required to pay the charges before the goods or container are released. However, the company may later seek recovery from the customs administration, carrier, customs broker, supplier, warehouse or insurer if the legal and contractual conditions are satisfied. Responsibility depends on what caused the delay, who controlled the relevant stage and whether reasonable steps were taken to minimise the loss.

What Is Demurrage?

Demurrage generally refers to charges imposed when a container remains at the port or terminal beyond the free period allowed by the carrier or relevant service provider. The precise meaning may vary according to the bill of lading, carrier tariff, port practice and contract.

The free period usually begins from a contractually defined event, such as discharge or availability of the container. When customs clearance cannot be completed before the free period expires, daily demurrage charges may begin to accumulate.

Demurrage is primarily contractual. The fact that customs authorities are inspecting the goods does not automatically prevent the carrier from applying the agreed tariff. Whether those charges can later be recovered from another responsible party is a separate question.

What Is Container Detention?

Container detention usually concerns the period during which the container remains outside the terminal and is not returned to the carrier within the agreed time. It may arise after the goods have been collected but the empty container has not been returned.

Some contracts and invoices use “demurrage,” “detention” and similar expressions differently. The company should examine the carrier’s tariff and transport contract rather than relying only on the description printed on the invoice.

The distinction is important because customs may control the goods while the carrier retains contractual rights over the container. Different periods and rates may therefore apply to the same shipment.

What Are Customs Storage Charges?

Storage charges arise when goods occupy space at a port, temporary storage facility, customs warehouse or another authorised location. They may be imposed by a private operator or under an applicable public tariff.

Storage charges are separate from customs duties and taxes. Paying import duties does not necessarily eliminate storage liability, particularly where the goods remain at the facility after release.

Additional charges may include unloading, handling, weighing, sampling, refrigeration, security, transfer and disposal expenses. The importer should request an itemised invoice showing the legal or contractual basis, daily rate and calculation period for each amount.

Who Is Initially Required to Pay?

The importer, consignee or contractual customer is usually the first party asked to pay demurrage and storage charges. Carriers, terminal operators and warehouses may refuse to release the goods or container until the outstanding amount is settled.

This initial payment obligation does not conclusively determine ultimate liability. An importer may pay to prevent further losses and later pursue the party whose breach or unlawful action caused the delay.

Before paying, the company should consider whether to record a written reservation. A payment made without objection may make a later dispute more difficult, especially if the carrier argues that the company accepted the calculation or tariff.

When Can the Customs Administration Be Liable?

The customs administration may be liable where an unlawful decision, unjustified inactivity or defective customs service directly caused additional costs. Examples may include continuing detention after all legal requirements were satisfied, failing to implement a binding decision or causing an excessive delay without adequate justification.

Not every customs inspection creates liability. Authorities may lawfully verify declarations, examine goods, request documents, take samples and wait for laboratory results. A legitimate inspection period will not necessarily support a compensation claim merely because demurrage accumulated.

The importer must identify the period attributable to unlawful administrative conduct. If the first ten days resulted from missing documents and the following twenty days resulted from unexplained official inactivity, only the latter period may potentially support a claim against the administration.

When Can the Customs Broker Be Liable?

A customs broker may be liable if a professional or contractual failure caused or extended the delay. Relevant circumstances may include late submission of the declaration, incorrect tariff classification, failure to provide documents, failure to monitor notifications or failure to inform the importer of an urgent request.

The importer should preserve instructions, emails, messaging records, system logs and the brokerage agreement. It should establish when the broker received each document and when the relevant customs action was completed.

A customs broker is not automatically responsible whenever clearance is delayed. If the delay resulted from an official laboratory examination, supplier error or regulatory restriction, the broker may have performed its duties correctly.

When Can the Carrier Be Liable?

A carrier may be responsible if the delay resulted from late delivery, an incorrect transport document, failure to release the bill of lading, container defects or another breach of the carriage contract.

Disputes may also arise over the amount of demurrage, the applicable free period and whether the tariff was properly incorporated into the contract. The carrier should provide a detailed calculation showing the start date, rate changes, applicable currency and end date.

If the carrier caused the customs problem but also charged demurrage for the resulting delay, the importer may challenge the invoice and seek compensation. Contractual notice periods and jurisdiction clauses must be checked promptly.

Can the Overseas Supplier Be Responsible?

The supplier may be liable where clearance was delayed because the goods, invoice, certificates, labels or technical specifications did not comply with the contract. Incorrect product descriptions, missing origin documents and delivery of prohibited or non-conforming goods are common sources of disputes.

Responsibility depends on the sales agreement, delivery terms and applicable law. A delivery term may allocate transport or clearance obligations, but it does not automatically answer every question concerning defective documents or non-conforming goods.

The importer should notify the supplier immediately and preserve the customs authority’s written findings. If the buyer pays storage or demurrage to limit further loss, it may seek reimbursement where the contract and applicable law permit.

Can the Warehouse or Terminal Be Liable?

A warehouse or terminal operator may be liable for incorrect invoicing, unauthorised charges, damage, temperature failures or delay within its own operations. The service contract, published tariff, warehouse receipt and handling records should be reviewed.

The operator may argue that it merely stored the goods while customs prevented release. In that case, the storage service may have been properly provided even though the importer could not control the duration.

The importer should separate objections concerning the validity of the tariff from claims arising from negligent storage or handling. These are legally distinct issues and require different evidence.

Can the Importer Challenge Excessive Demurrage Charges?

Potentially, yes. The company should examine whether the tariff was incorporated into the contract, whether the free period was calculated correctly and whether the daily rates match the applicable agreement.

A charge may also be disputed where the carrier failed to make the container available, rejected a timely return or continued invoicing after the legally relevant end date. Correspondence and container movement records are particularly important.

The mere fact that the total charge is high does not automatically make it unlawful. The importer must identify a contractual, statutory or calculation error. Depending on the circumstances, proportionality, good faith and the obligation to limit loss may also become relevant.

Does a Customs Objection Stop Demurrage?

No. Submitting an objection to customs does not normally stop private demurrage, detention or storage charges. The physical goods and container remain in use while the administrative dispute continues.

The importer should therefore manage the customs objection and commercial charges simultaneously. It may request additional free time, transfer to a less expensive location, partial release, container substitution or return of the empty container where operationally possible.

Written confirmation is essential. An informal promise by a carrier or warehouse employee may not protect the company from a later invoice.

Can the Goods Be Released Against Security?

Release against security may be available in certain disputes involving customs duties, value or classification. It will not normally replace mandatory health, safety or product-compliance approval.

If legally possible, release against security can prevent daily charges from increasing while preserving the importer’s right to challenge the assessment. The company should calculate the cost of providing security against expected demurrage and storage exposure.

Any payment or security should be documented carefully. The importer should clarify whether it is accepting the assessment or merely securing release while reserving its legal rights.

What Should an Importer Do to Minimise the Loss?

The importer should request a written explanation of the detention and identify the exact action required for release. Missing documents should be supplied immediately, even if responsibility for the deficiency will later be disputed with the supplier or broker.

The company should obtain daily cost statements and monitor when free periods expire. It should explore partial clearance, re-export, transfer, accelerated examination and alternative storage where legally available.

If the charges are increasing because of official inactivity, the importer should submit a formal urgency request documenting the daily loss. Where goods face liquidation, deterioration or extreme cost exposure, urgent judicial protection may need to be considered.

The duty to limit loss is important. A claimant seeking compensation should be able to show that it took reasonable steps rather than allowing charges to accumulate passively.

How Can Demurrage and Storage Costs Be Recovered?

Recovery from the administration generally requires proof of unlawful administrative conduct, actual damage and causation. Recovery from a carrier, broker, supplier or warehouse depends on breach of contractual or professional duties and compliance with applicable notice and limitation periods.

Invoices alone may not establish causation. The claimant should prepare a timeline showing why the goods remained at customs on each day and which party controlled the relevant obstacle.

If several parties contributed to the delay, separate proceedings or an allocation of liability may be required. The administration may be responsible for one period, while the supplier or broker may be responsible for another.

What Evidence Is Required?

The importer should preserve the bill of lading, carrier tariff, customs declaration, arrival notice, free-time confirmation, warehouse agreement, invoices and payment records. Customs inspection reports, laboratory requests and official notifications should also be obtained.

Emails with the supplier, broker, carrier and warehouse can establish when information was requested and supplied. Container tracking and gate records may determine when demurrage or detention should have ended.

The financial claim should identify each charge, date, currency and recipient. Any discount, waiver, insurance payment or supplier reimbursement must be deducted to prevent double recovery.

Fırat Fesih Kaya Law Office and Lawyer Fırat Fesih Kaya assist foreign importers with identifying responsibility, challenging excessive charges and pursuing compensation arising from customs delays.

Demurrage and Customs Delay Disputes in 2026

In 2026, importers must continue to monitor electronic customs notifications, digital inspection procedures and product-specific compliance requirements. A delay in responding through an electronic system can trigger significant costs before the company’s overseas management becomes aware of the problem.

Businesses should agree on free periods and demurrage rates before shipment, verify import documents in advance and establish clear reporting duties for customs brokers. High-risk or perishable shipments should also have an emergency plan covering alternative storage, re-export and accelerated inspection.

Frequently Asked Questions (FAQ)

1. Does customs pay demurrage when it detains goods?

Not automatically. Compensation generally requires unlawful administrative conduct, proven damage and causation.

2. Can a carrier charge demurrage during a customs inspection?

Potentially, yes, if the transport contract and tariff permit it. The importer may later seek recovery from the party responsible for the delay.

3. Are demurrage and storage the same charge?

No. Demurrage generally concerns container use or time at the terminal, while storage concerns the space occupied by the goods or container.

4. Can a customs broker be responsible for storage costs?

Yes, if the broker’s breach caused or extended the delay. Professional fault must be proven.

5. Can the supplier be liable for customs delay costs?

Potentially, where incorrect goods, documents, labels or certificates caused the delay.

6. Does filing a customs objection suspend daily charges?

No. Private storage and demurrage charges may continue while the objection is pending.

7. Can excessive demurrage be challenged?

Yes, where the tariff, free period, calculation or contractual basis is incorrect. A high total alone may not be sufficient.

8. Can the importer recover charges paid to obtain release?

Potentially. Payment may limit further loss, while recovery depends on proving another party’s liability.

9. Does insurance cover demurrage and storage?

Coverage depends on the policy. Delay-related expenses are often restricted unless connected with a covered event or expressly included.

10. What is the most important evidence?

The carrier tariff, free-time confirmation, itemised invoices, customs records and a daily chronology of the delay are especially important.

This article is intended for general informational purposes only. To avoid any loss of rights, we recommend consulting your lawyer regarding your specific circumstances.

Legal Support

Fırat Fesih Kaya Law Office and Lawyer Fırat Fesih Kaya provide professional legal assistance to clients in Turkey and abroad in demurrage, container detention, storage-cost and customs-delay disputes.

Mobile: +90 532 769 22 22
Office: +90 312 434 22 22
Email: info@firatfesihkaya.av.tr
Address: Mevlana Boulevard No: 221, Yıldırım Tower, Balgat, Çankaya / Ankara, Turkey