Company Goods Seized by Turkish Customs? Emergency Legal Remedies for Foreign Investors 2026

What can foreign investors do when company goods are seized during a Turkish customs investigation? Learn about criminal seizure, Anti-Smuggling Law investigations, urgent return applications, objections, third-party ownership, confiscation risks, and 2026 legal remedies.

When a Turkish customs investigation results in the seizure of company goods, a foreign investor should treat the matter as an urgent criminal and customs enforcement dispute, not merely as an ordinary customs-clearance problem.

A shipment may initially be stopped because of an incorrect declaration, disputed quantity, suspicious invoice, tariff-classification issue, origin discrepancy, missing authorization, or undeclared goods. However, once customs enforcement authorities suspect that the circumstances may constitute an offence, the matter can move from administrative customs procedures into a criminal investigation.

Goods may then be formally seized, placed in official custody, examined by experts, treated as potential evidence, or considered property that may ultimately become subject to confiscation.

The fact that goods have been seized does not automatically mean that the foreign company will permanently lose them. Turkish criminal procedure provides mechanisms for challenging seizure and requesting the return of property where the legal conditions for continued retention are no longer satisfied.

Speed is critical because seized commercial goods may lose value, deteriorate, generate storage costs, or become subject to special liquidation procedures before the criminal case reaches a final judgment.

Customs Detention and Criminal Seizure Are Different

Foreign investors should first identify exactly what happened to the goods.

A customs hold generally means that the goods remain under customs control while authorities verify documentation, taxes, product conformity, or another administrative requirement.

A criminal seizure is a protective measure used where property may constitute evidence or may potentially become subject to confiscation.

A confiscation order is different again. Confiscation is a final legal consequence that generally requires the statutory conditions to be established through the relevant judicial process.

Accordingly, receiving a seizure report does not mean that ownership has already permanently transferred to the state.

Why Can Customs Investigations Lead to Seizure?

Potential triggers include allegations involving:

• Undeclared commercial goods
• Excess quantities
• False invoices
• Incorrect customs value
• Deliberate tariff misdescription
• False country-of-origin documents
• Restricted goods
• Goods imported without required authorization
• Diversion of transit cargo
• Concealment of merchandise
• Fraudulent customs documents
• Smuggling allegations
• Organized customs fraud

Not every customs discrepancy amounts to a criminal offence.

A genuine loading mistake, supplier error, technical classification disagreement, or documentary inconsistency should be distinguished from deliberate customs evasion.

However, Customs Enforcement authorities remain highly active in 2026. The Ministry of Trade reported seizures worth approximately TRY 7.655 billion in January 2026 alone and stated that enforcement against illegal trade and smuggling continued nationwide.

Which Laws Govern Seizure?

The principal legal framework can include:

• Criminal Procedure Code No. 5271
• Anti-Smuggling Law No. 5607
• Turkish Penal Code No. 5237
• Customs Law No. 4458
• Relevant customs enforcement regulations

The applicable provisions depend on whether the goods are being held merely as evidence, are considered the subject matter of an alleged smuggling offence, or are allegedly connected to proceeds of crime.

Who Can Order Seizure?

Under Article 127 of the Criminal Procedure Code, seizure is normally based on a judicial decision. In urgent circumstances, a public prosecutor may authorize seizure, and where the prosecutor cannot be reached, a written order from the competent law-enforcement authority may be used.

Where seizure takes place without a prior judicial decision, the measure must be submitted to the competent judge for approval within 24 hours. The judge must give a decision within 48 hours from the seizure, otherwise the seizure automatically ceases. Article 127 also provides that the person whose property has been seized may ask a judge for a decision concerning the seizure at any time.

This is one of the first issues that should be reviewed in an emergency seizure case.

First Emergency Check: Was the Seizure Properly Authorized?

Legal counsel should immediately obtain:

• Seizure report
• Prosecutor’s order
• Judicial approval decision
• Customs enforcement record
• Investigation file number
• Inventory of seized goods
• Search records
• Expert or preliminary inspection reports

The company should then verify:

• Date and exact time of seizure
• Who ordered it
• Whether judicial approval was required
• Whether the 24-hour submission requirement was satisfied
• Whether the judicial decision was issued within the applicable period
• Which goods were actually covered by the order

Procedural defects can become important grounds for challenging continued seizure.

Can the Company Ask for the Goods Back Immediately?

Yes, a return application may be available.

Article 131 of the Criminal Procedure Code provides that property belonging to a suspect, defendant, or third party may be returned where retaining it is no longer necessary for the investigation or prosecution, or where it becomes clear that the property will not be subject to confiscation.

The public prosecutor, judge, or court may order the return either on its own initiative or upon request. A refusal of a return request can itself be challenged.

For commercial businesses, an early Article 131 return request can therefore be one of the most important emergency remedies.

What Should a Return Application Argue?

A strong request should not simply state that the company needs its goods.

It should explain why continued seizure is no longer legally necessary.

Arguments may include:

• The goods have already been counted and documented.
• Samples have already been taken.
• Photographs and expert examinations preserve the relevant evidence.
• The products themselves are not illegal.
• The goods are not proceeds of crime.
• The company is a good-faith owner.
• The alleged offence concerns another party.
• Continued retention is disproportionate.
• The goods are perishable or rapidly losing value.
• Continued seizure threatens serious commercial damage.

Documents proving legitimate ownership and the commercial origin of the goods should be submitted with the request.

Can Foreign-Owned Property Be Returned Even If Someone Else Is Under Investigation?

Potentially, yes.

The Criminal Procedure Code expressly recognizes that seized property may belong to third parties.

Foreign investors should therefore identify whether the goods legally belong to:

• The foreign parent company
• A Turkish subsidiary
• The importer
• The foreign supplier
• A financing institution
• Another group company

Evidence may include:

• Purchase agreements
• Commercial invoices
• Bank payments
• Customs declarations
• Ownership-retention clauses
• Warehouse documents
• Intercompany agreements
• Bills of lading

A company that is not itself suspected of wrongdoing should clearly establish its separate ownership position.

Good-Faith Third-Party Ownership Can Be Crucial

Article 54 of the Turkish Penal Code provides, as a general rule, that property used in an intentional offence, allocated to committing the offence, or resulting from the offence may be confiscated provided that it does not belong to a good-faith third party.

The same provision also recognizes proportionality: confiscation may be avoided where confiscating an item used in an offence would produce consequences disproportionately more serious than the offence and would therefore be inequitable.

This can be extremely important for foreign investors whose goods, vehicles, containers, or equipment became connected with alleged misconduct committed by another person without the investor’s knowledge.

Seizure Does Not Automatically Mean Confiscation

Seizure is temporary.

Confiscation is a substantive legal consequence.

Authorities may seize property at the investigation stage because they believe it could be relevant to a future confiscation decision. Nevertheless, the prosecution must ultimately establish the statutory basis for confiscation.

The company should therefore challenge assumptions such as:

• Every customs discrepancy makes all goods subject to confiscation.
• Ownership by a company connected to the transaction proves criminal involvement.
• A supplier’s misconduct automatically removes a good-faith owner’s rights.
• All goods in a container must remain seized because some products are disputed.

Article 54 also provides that where only part of an object requires confiscation and that part can be separated without damaging the whole, only that part should be confiscated.

Can the Company Challenge the Judge’s Seizure Decision?

Yes, where the Criminal Procedure Code permits objection.

Under the current 2026 text of Article 268, unless another provision establishes a different period, an objection against a judge’s or court’s decision must generally be filed within two weeks from the date the interested party learns of the decision.

This is important because older legal materials may still refer to a seven-day period.

For a 2026 case, the current statutory text and any special rule applicable to the particular decision should be checked at the time of filing.

Emergency Remedy: Challenge Both the Seizure and Continued Retention

Foreign businesses should distinguish two arguments.

The first is that the original seizure was unlawful.

The second is that even if the original seizure was initially lawful, continued retention is no longer necessary.

For example, customs authorities may legitimately seize machinery for technical examination. Once the machinery has been photographed, examined, sampled, and technically documented, keeping a multimillion-euro production machine indefinitely may become increasingly difficult to justify if it is not itself illegal and will not ultimately be confiscated.

The legal strategy should therefore be updated as the investigation develops.

Can Seized Goods Be Released Against Security?

Turkish criminal procedure contains mechanisms that may assist in appropriate cases.

Article 132 provides that seized property may, during the investigation, be entrusted to the suspect, defendant, or another person for safekeeping, provided measures are taken for preservation and the property can be returned immediately when requested. Such delivery may be made subject to security.

Article 132 also allows property no longer required as physical evidence to be delivered to the interested person against immediate payment of its market value, with that amount becoming the subject of any later confiscation decision.

These mechanisms can be particularly important where continued physical retention is commercially destructive but authorities wish to preserve the economic value linked to the investigation.

Perishable or Rapidly Depreciating Goods Require Immediate Action

The urgency becomes much greater when seized goods include:

• Food
• Agricultural products
• Pharmaceuticals
• Chemicals
• Textiles subject to seasonal demand
• Electronic products
• High-maintenance machinery
• Goods with expiration dates

Article 132 requires measures to preserve seized goods and permits disposal before final judgment where there is a risk that the property will deteriorate or substantially lose value.

The company should therefore document immediately:

• Expiration dates
• Storage conditions
• Temperature requirements
• Depreciation
• Seasonal market value
• Maintenance requirements
• Deterioration risk

Special Liquidation Risk Under Anti-Smuggling Law No. 5607

Foreign investors should be particularly cautious where the investigation is formally conducted under Anti-Smuggling Law No. 5607.

Article 16 contains special rules concerning property seized on suspicion of smuggling and potentially subject to confiscation.

For seized goods other than illegal fuel, the current consolidated rule provides for the necessary determinations and a liquidation decision generally within six months from seizure. Where there is a risk of deterioration or substantial loss of value, or preservation creates a serious burden, that period is shortened to one month. During the investigation, the judge determines liquidation; during prosecution, the court does so.

This means that a foreign investor should not assume that the physical goods will necessarily remain untouched until a criminal case ends years later.

Why Liquidation Can Be Dangerous for Foreign Investors

A foreign business may eventually prove that:

• The goods were lawful.
• The discrepancy was caused by the supplier.
• No smuggling offence occurred.
• The investor acted in good faith.

But by that time, the original goods may already have been liquidated under statutory procedures.

The company’s legal team should therefore monitor:

• Proposed liquidation
• Valuation
• Sampling
• Expert examination
• Preservation of evidence
• Sale or destruction plans

Where liquidation appears imminent, objections and ownership arguments should be raised before irreversible steps occur.

Preserve Independent Evidence Before Any Sale or Destruction

The company should request detailed documentation of:

• Quantity
• Weight
• Product type
• Model
• Serial numbers
• Batch numbers
• Condition
• Market value
• Photographs
• Samples

This is particularly important if goods may later be sold or destroyed.

The Ministry’s rules concerning goods seized under Anti-Smuggling Law No. 5607 require identifying characteristics such as type, quantity, brand, model, serial number, and other distinguishing details to be recorded during seizure.

Foreign companies should independently verify that the official inventory is accurate.

What If Customs Seized the Entire Shipment Because Only Some Goods Are Disputed?

This should be challenged where legally justified.

Suppose a container contains 10,000 lawful products but customs disputes only 200 items.

The company should ask:

• Why must the lawful portion remain seized?
• Have the disputed goods been identified separately?
• Can the uncontested goods be physically separated?
• Are the uncontested goods required as evidence?
• Is confiscation legally possible for the remaining goods?

A carefully prepared partial-release application may significantly reduce commercial losses.

Supplier Error Can Be an Important Defense

Foreign investors sometimes face criminal seizure because a supplier:

• Loaded undeclared products
• Sent excess quantities
• Used incorrect invoices
• Misdescribed goods
• Supplied the wrong product
• Provided false origin documentation

The importer should immediately obtain a written supplier explanation.

Evidence should include:

• Purchase order
• Commercial invoice
• Packing list
• Sales contract
• Shipping instructions
• Supplier admission
• Bank payment
• Pre-shipment inspection records

The objective is to prove what the foreign investor actually ordered and whether it knew about the discrepancy.

Do Not Give Inconsistent Statements

Statements given during the first days of a customs investigation can become important evidence.

Company managers, customs representatives, employees, drivers, freight forwarders, and suppliers may all provide different explanations.

Before substantive statements are made, the company should establish an accurate internal chronology.

Important questions include:

• Who ordered the goods?
• Who prepared the invoice?
• Who packed the shipment?
• Who supplied tariff information?
• Who instructed the customs representative?
• When did the company first learn of the discrepancy?

Inconsistent explanations may turn an ordinary supplier mistake into a much more difficult criminal-defense problem.

Company Managers May Also Face Investigation

A corporate customs investigation may extend beyond the goods themselves.

Authorities may investigate:

• Directors
• Company representatives
• Customs personnel
• Customs brokers
• Logistics employees
• Freight forwarders
• Suppliers

Foreign executives should not assume that because the goods belong to a corporation, only the company is relevant to the criminal investigation.

Individual involvement, knowledge, instructions, and intent may be examined separately.

Customs Administrative Remedies and Criminal Remedies May Run Together

A seizure investigation may coexist with:

• Additional customs assessments
• Customs penalties
• Classification disputes
• Customs-value reassessments
• Product-safety proceedings

This means the company may need to pursue more than one remedy simultaneously.

For example:

• A criminal seizure objection may concern continued possession of the goods.
• A customs objection may challenge an additional tax assessment.
• A contractual claim may be brought against the foreign supplier.
• A return request may seek immediate release of uncontested goods.

One procedure should not be assumed automatically to resolve all others.

Can a Company Obtain Compensation for Wrongful Seizure?

Potentially, where the statutory requirements are satisfied.

Turkish criminal procedure recognizes compensation remedies for certain unlawful search and seizure measures. A previous Court of Cassation case involving commercial goods seized under anti-smuggling legislation recognized that a company could seek material compensation where the seizure and failure to preserve perishable goods caused loss.

However, compensation should usually be regarded as a secondary remedy.

Preventing unnecessary continued seizure and protecting the goods before they lose their commercial value is generally more effective than seeking damages years later.

Emergency Evidence File for Foreign Investors

The company should immediately assemble:

• Seizure report
• Judicial approval decision
• Prosecutor correspondence
• Customs enforcement records
• Customs declaration
• Commercial invoices
• Packing lists
• Purchase orders
• Sales agreements
• Bills of lading
• Payment records
• Origin documents
• Import permits
• Product specifications
• Supplier correspondence
• Supplier admission, if available
• Photographs and videos
• Warehouse records
• Storage invoices
• Expert reports
• Evidence of commercial losses

A clear file allows counsel to challenge the seizure without waiting weeks to reconstruct the transaction.

Emergency Legal Strategy

A foreign investor whose company goods have been seized should generally focus on five immediate objectives.

First, verify legality of the seizure. Examine the order, judicial approval, timing, and scope.

Second, protect ownership rights. Establish whether the company is a good-faith owner and whether it participated in the alleged conduct.

Third, request return or partial release. Use Article 131 where the goods are no longer required or will not be subject to confiscation.

Fourth, prevent irreversible liquidation or deterioration. Monitor the special Anti-Smuggling Law procedures and preserve samples and valuation evidence.

Fifth, separate the criminal case from customs and contractual disputes. Challenge taxes and penalties through the appropriate procedures while preserving recourse against suppliers or logistics providers.

Frequently Asked Questions

1. Can Turkish customs seize goods belonging to a foreign company?

Yes, where the statutory conditions for seizure are satisfied during a criminal or anti-smuggling investigation. Foreign ownership does not itself prevent seizure, but the company retains procedural and property rights.

2. Does seizure mean that the company has permanently lost the goods?

No. Seizure is a temporary protective measure. Permanent confiscation requires a separate legal basis and judicial determination.

3. What happens if customs seized goods without a judge’s prior order?

Under Article 127 of the Criminal Procedure Code, a non-judicial seizure must be submitted for judicial approval within 24 hours, and the judge must decide within 48 hours from seizure; otherwise the measure automatically ceases.

4. Can the foreign company request immediate return of seized goods?

Yes. Article 131 permits return where continued retention is unnecessary for the investigation or prosecution or where the goods will not be subject to confiscation. A refusal can be challenged.

5. How long is the ordinary objection period against a judicial decision in 2026?

Unless another provision establishes a different period, Article 268 currently provides a two-week period from learning of the decision for objections against qualifying judicial decisions.

6. Can goods belonging to an innocent foreign investor be confiscated?

Good-faith third-party ownership is legally important. Article 54 of the Turkish Penal Code generally conditions ordinary confiscation of property used in an intentional offence on the property not belonging to a good-faith third party.

7. Can only part of a seized shipment be released?

Potentially, yes. Where only part of the goods is relevant to the alleged offence and the remaining goods are separable, a partial-release request should be considered. Turkish confiscation rules also recognize separation where only part of property is subject to confiscation.

8. Can seized commercial goods be sold before the criminal case ends?

Potentially, yes. Criminal procedure allows disposal where seized goods risk deterioration or significant loss of value, and Anti-Smuggling Law No. 5607 contains special liquidation rules for seized goods.

9. What if the foreign supplier caused the customs discrepancy?

Supplier fault can be highly important in demonstrating the foreign investor’s lack of knowledge or intent. The company should preserve the purchase order, contract, invoices, packing list, supplier communications, and any written admission of the shipping error.

10. When should a foreign investor contact a Turkish customs and criminal lawyer?

Immediately. The first hours and days may determine whether judicial approval deadlines are satisfied, whether a timely objection can be filed, whether the goods can be returned under Article 131, and whether liquidation or deterioration can be prevented.

Emergency Legal Support for Foreign Investors Facing Customs Seizure in Turkey

A customs seizure can interrupt an entire investment or trading operation. High-value inventory, machinery, industrial components, raw materials, or commercial goods may remain unavailable while storage costs increase and criminal investigations continue.

A foreign investor should not wait for the investigation to end before protecting ownership rights.

Fırat Fesih Kaya Law Office provides legal assistance to foreign investors, foreign-owned companies, importers, manufacturers, exporters, logistics businesses, and corporate groups whose goods have been seized during customs or anti-smuggling investigations in Turkey.

Lawyer Fırat Fesih Kaya assists clients with emergency seizure challenges, Criminal Procedure Code return applications, objections against judicial seizure decisions, Anti-Smuggling Law investigations, good-faith third-party ownership claims, partial release requests, prevention of liquidation, customs penalties and tax disputes, supplier-caused declaration problems, criminal defense, and compensation claims arising from unlawful seizure.

Early legal intervention can help challenge unlawful seizure, obtain return of goods that are no longer required as evidence, preserve ownership rights, prevent unnecessary liquidation or deterioration, and separate the company’s legitimate commercial activities from alleged misconduct by suppliers or other parties.

Phone: +90 312 434 22 22
Mobile: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Address: Mevlana Boulevard No:221, Yıldırım Tower No:148, 06520 Balgat, Çankaya, Ankara, Turkey

This publication is provided for general informational purposes and does not constitute legal advice. Customs seizures should be evaluated individually according to the seizure order, criminal investigation, ownership structure, nature of the goods, alleged offence, judicial decisions, procedural deadlines, and legislation applicable at the relevant time.