

A foreign company manager is summoned in Turkey over a customs criminal investigation. Learn about statements, customs documents, personal liability, company records, travel risks, evidence preservation and defense strategy.
A foreign company manager who receives a summons in connection with a Turkish customs criminal investigation should treat the matter differently from an ordinary customs audit or administrative penalty dispute. Customs cases can develop from allegations concerning incorrect declarations, undervaluation, false origin documents, prohibited or restricted goods, undeclared goods, misuse of customs procedures, fraudulent documentation or conduct potentially falling within anti-smuggling legislation. The fact that an individual is a director, general manager or authorized signatory of the company does not by itself establish personal criminal liability. The investigation should focus on the alleged conduct, the individual’s actual responsibilities, knowledge, authority and involvement in the transaction. Before giving a statement, the manager should understand the allegation, preserve relevant evidence and coordinate the company’s customs and criminal defense strategy.
A manager may be summoned because their name appears in corporate authorization records, customs documentation, commercial contracts, invoices, payment instructions, correspondence or internal approval records. Investigators may also want to determine who controlled the import transaction and who supplied information used in the customs declaration.
Being summoned does not automatically mean that the manager will be prosecuted.
One of the first questions should be whether the individual is being requested to provide information as a witness or is being investigated as a suspect.
The procedural rights and defense strategy can differ substantially.
The defense should identify the customs declarations, shipments, products and time period under investigation.
A manager should avoid attending an interview with only a vague understanding that there is a “customs problem.”
An incorrect customs declaration may result in additional customs duties or an administrative penalty without necessarily establishing a criminal offense.
The existence of a customs debt should therefore not automatically be treated as proof of criminal responsibility.
Where authorities suspect conduct falling within Turkish anti-smuggling legislation, the investigation can become substantially more serious than a conventional tariff dispute.
The defense should identify the exact conduct alleged rather than relying on the general description of “customs fraud” or “smuggling.”
Classification disputes are common in international trade. Two parties may genuinely disagree about the correct tariff position of technically complex goods.
If the investigation arose from a classification dispute, preserve technical specifications, customs broker communications, previous classifications and any professional advice relied upon by the company.
A disagreement over customs value can involve transfer pricing, royalties, assists, commissions, related-party transactions or other valuation adjustments.
The fact that Customs determines a higher value does not by itself resolve whether anyone committed a criminal offense.
Origin can affect preferential tariffs, additional duties, anti-dumping measures and other import requirements.
Where the investigation concerns origin, obtain manufacturing records, certificates, bills of materials, supplier declarations and logistics documentation.
If investigators allege that certificates, invoices or customs documents were fabricated or intentionally altered, the manager should avoid making assumptions about how the documents were produced.
Identify who prepared, supplied, reviewed and submitted each disputed document.
Corporate titles alone do not explain how an import transaction was handled.
Determine whether the manager personally negotiated the purchase, approved invoices, instructed the customs broker, communicated with suppliers, approved payments or supervised the logistics team.
Large foreign-owned companies frequently divide customs responsibilities among logistics, finance, procurement, compliance and external customs brokers.
Prepare an organizational chart showing the actual allocation of responsibilities during the relevant period.
This can become one of the central factual questions.
Preserve emails and other records showing who supplied the tariff code, value, origin, product description and supporting documents used for the declaration.
Using a professional customs broker does not necessarily resolve every question of responsibility. At the same time, broker involvement may be important when determining how the declaration was prepared and what information management reasonably relied upon.
Once an investigation is known, relevant communications should be preserved.
Do not delete emails, messaging records, customs files, invoices or internal reports merely because they appear unfavorable.
Historical invoices, accounting entries, contracts and customs documentation should remain intact.
If the company needs to prepare an explanatory chronology or spreadsheet for defense purposes, it should be clearly identified as a newly prepared document rather than disguised as a historical record.
Create a timeline showing purchase order, supplier invoice, shipment, customs declaration, inspection, release, post-clearance review and any subsequent customs decision.
For investigations involving multiple declarations, prepare a separate matrix.
Record model numbers, quantities, tariff classifications, declared origin, customs value, supplier and customs declaration number for each shipment.
This can reveal whether the allegation concerns a single transaction or a broader historical practice.
Internal customs compliance procedures can become relevant. Preserve written policies concerning classification, valuation, origin verification, supplier due diligence and customs broker supervision.
Training records, approval procedures and internal audits may help explain how the company attempted to comply with customs requirements.
However, the defense should also investigate whether those procedures were actually followed in the transactions under investigation.
The manager should first understand the procedural status and allegation and obtain appropriate legal assistance.
A criminal statement can affect both the individual’s defense and the company’s broader customs position.
Where the manager is treated as a suspect, Turkish criminal-procedure protections become directly relevant. A foreign manager should obtain legal assistance before addressing substantive allegations.
A foreign manager who cannot sufficiently understand Turkish legal terminology should not rely on informal translation by colleagues.
Accurate interpretation is particularly important where technical customs concepts and criminal allegations are being discussed.
If the manager does not remember a transaction from several years earlier, guessing can create contradictions with documentary evidence.
It may be more appropriate to explain accurately that the individual needs to review the relevant company records.
A manager may know general company procedures without personally remembering a specific shipment.
The statement should distinguish personal recollection from information subsequently learned from corporate documentation.
A general manager or director should not assume that corporate seniority means personal responsibility for every customs declaration.
The investigation should examine actual conduct and the relevant legal basis for individual liability.
The opposite approach is equally risky. A manager should not immediately blame a customs specialist, employee or broker without first reviewing the documentary record.
A fact-based defense is more reliable than shifting responsibility prematurely.
In multinational groups, product descriptions, transfer prices, invoices or origin information may originate from the foreign parent company.
Preserve communications showing where the disputed information originated.
If the Turkish company purchased goods from an affiliated foreign company, investigators may examine customs valuation and commercial documentation closely.
Transfer-pricing documentation and customs valuation should be analyzed separately rather than assuming that compliance with one automatically establishes compliance with the other.
Payments to suppliers, commissions, royalties and other transfers can be compared with declared customs values.
The company should reconcile accounting and banking information with customs declarations before providing explanations.
Depending on the investigation, authorities may seek corporate records, computers, phones or other evidence.
The legality, scope and execution of investigative measures should be reviewed according to the specific circumstances.
Emails, messaging applications and electronic approval systems may show who made decisions concerning the disputed imports.
Preserve potentially relevant digital evidence and avoid informal attempts to “clean up” company systems after learning of an investigation.
If the investigation concerns goods subject to licensing, product-safety controls or other import restrictions, determine what authorization was required and what documentation existed when the goods entered Turkey.
A product-safety or technical-compliance failure does not automatically establish a customs crime.
Determine whether the allegation concerns technical non-compliance, inaccurate customs documentation or deliberate conduct allegedly intended to bypass import controls.
The company may face additional duties and administrative penalties while the criminal investigation proceeds.
The deadlines for customs objections should be protected independently of the criminal defense.
A company can lose important customs remedies if it focuses exclusively on the prosecutor’s investigation.
Create separate calendars for customs objections, administrative litigation and criminal-procedure deadlines.
Arguments made in one proceeding can affect another.
For example, a company should avoid asserting in a customs objection that management intentionally chose a particular declaration strategy while simultaneously maintaining an inconsistent factual position in the criminal investigation.
If authorities are investigating a recurring customs practice, identify other declarations involving the same product, supplier, tariff code, origin or valuation method.
One disputed shipment should not automatically be treated as proof that every historical import involved the same problem.
For each potentially relevant declaration, record the date, product, supplier, tariff code, origin, customs value, broker and manager responsible for the transaction.
This helps define the actual scope of the investigation.
If the manager regularly travels between Turkey and other countries, counsel should verify the individual’s procedural status and whether any judicial measures have been imposed.
Do not make assumptions based merely on the existence of an investigation.
No. Being summoned or investigated does not by itself mean that a travel restriction exists.
Any such measure should be confirmed from the actual judicial record.
The procedural response depends on the summons, status of the individual and investigative stage. The manager should obtain Turkish legal advice before ignoring the summons or arranging travel solely to provide a statement.
One designated team should coordinate document collection and communications with counsel.
Uncoordinated responses from multiple employees can produce unnecessary contradictions.
For significant cases, the company may need to reconstruct how the customs declarations were prepared.
Interview relevant personnel, preserve documents and compare internal information with the customs file before deciding on the defense strategy.
If the foreign supplier provided incorrect invoices, origin certificates or technical information, preserve the relevant contractual and correspondence evidence.
The supplier’s conduct can become important both to the criminal investigation and subsequent contractual claims.
International supply agreements may allocate responsibility for incorrect product descriptions, origin information, invoices and regulatory documents.
Potential contractual recovery should be preserved without allowing the commercial dispute to interfere with the criminal defense.
Obtain the broker’s file and instructions. Determine whether the broker independently selected the disputed classification or relied on information supplied by the company.
The answer may affect both criminal and civil responsibility.
Technical customs disputes can require specialists in tariff classification, valuation, origin, engineering or accounting.
Where the criminal allegation depends on a complex customs interpretation, expert analysis can be important.
Company executives and employees should avoid speculative statements to customers, suppliers or the media.
Statements made outside the formal proceedings can later create inconsistencies.
When a foreign company manager is summoned in a Turkish customs criminal investigation, the company should immediately determine the individual’s procedural status, identify the precise allegation and shipments involved, preserve customs and corporate records, obtain the customs broker’s file, reconstruct decision-making responsibilities, review tariff classification, valuation and origin issues, protect separate customs objection deadlines, coordinate the administrative and criminal defenses and prepare the manager for the statement based on verified facts rather than assumptions.
No. A summons can occur at the investigation stage and does not itself establish criminal liability.
Personal criminal responsibility should be assessed according to the applicable offense and the individual’s actual conduct, knowledge and involvement. Corporate title alone should not be treated as automatic proof.
Where the matter concerns potential criminal liability, obtaining Turkish criminal and customs-law assistance before giving a substantive statement is important.
Where language assistance is necessary to understand and participate effectively in criminal proceedings, interpreter rights should be evaluated under Turkish criminal procedure.
No. A tariff-classification dispute and a criminal allegation are distinct issues. The circumstances and applicable legal requirements must be examined.
The broker’s role, instructions received and information supplied by the company should be investigated. Broker involvement does not automatically resolve questions concerning responsibility.
Potentially, yes. Customs administrative remedies have their own procedural rules and deadlines and should be protected separately.
The existence of an investigation does not automatically establish a travel restriction. Any judicial measure affecting travel should be verified from the actual case record.
Yes, particularly where investigators allege that the disputed conduct was systematic or repeated.
Determine exactly what conduct is being investigated and the manager’s procedural status before giving a substantive statement. Then reconstruct the transaction from customs, accounting, supplier and internal company records so that the defense is based on documented facts rather than assumptions.
Customs criminal investigations involving foreign-owned companies can combine criminal liability, anti-smuggling allegations, customs duties, administrative penalties, tariff classification, valuation, origin disputes, digital evidence and management responsibility. Fırat Fesih Kaya Law Office assists foreign companies, directors and managers facing customs-related investigations in Turkey. Lawyer Fırat Fesih Kaya provides legal assistance in preparing managers for statements, reviewing customs and criminal files, coordinating technical evidence, challenging customs assessments and penalties, and developing a coordinated defense where administrative and criminal proceedings arise from the same import transactions.
Phone: +90 312 434 22 22
Mobile: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Address: Mevlana Boulevard No:221, Yıldırım Tower, Office No:148, 06520 Balgat, Çankaya, Ankara, Turkey