As far as due diligence duties, loyalty and subordination are
concerned, in the case of non compliance, employees may not only be
facing disciplinary sanctions, but they might also have to face
property liability, with significant amounts of money involved.
Frequently, lorry or truck drivers who are responsible for the
international transportation of goods on behalf of Italian
companies, take advantage of the company's vehicle to illegally
smuggle weapons, tobacco or drugs.
Lorries and trucks are routinely checked by customs offices and
consequently seized. The employee is arrested.
In this specific circumstance, Italian companies have to
suddenly face the burden of proving they are not involved into such
It is moreover necessary to have the vehicles released in the
shortest time possible. This is even a much more urgent matter, on
grounds of the fact that, in the majority of cases, seized vehicles
are stored in parking lots with costs that have to be born by the
Proving the employer is not involved into such criminal
activities is not always an easy endeavour. It is often required to
wait until the end of the trial, especially in the case the release
of the vehicle is subject to the foreign court.
It is, as a matter of fact, the employer's responsibility to
prove they have taken all precautionary measures aimed at hindering
the possibility of criminal activities, as provided by the national
or international legislation. It is therefore crucial to produce a
number of documents relating to the internal regulation of the
company in order to allow foreign customs offices to collect
evidence of the professionalism of the company in managing
international economic relationships.
These documents must be translated into the language of the
country where vehicles have been seized and will be analysed by
scrupulously appointed interpreters from foreign authorities to
evaluate their reliability.
It is also required that the company in question takes immediate
disciplinary measures aimed at the layoff of the employee
responsible for the crime.
The dismantlement of internal borders has encouraged
international trade of goods, but it has also contributed to the
rise in crime opportunities for those who illegally smuggle drugs,
weapons and tobacco.
In the last twelve years, Giambrone has provided expert legal
assistance to Italian and foreign import/export companies whose
vehicles have been seized as a consequence of Custom offices on
grounds of crimes committed by their employees.
Our law firm provides assistance from professionals within our
international network of offices, granting the best outcome in the
shortest time possible.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Tightened monetary policies leading to limited capital inflow to the securities market, its low liquidity and significant decrease in stock price partly contribute to the low attractiveness of Vietnam's stock exchange.
Each step taken towards achieving a unified codification on the international business law is of paramount importance in terms of providing parties a neutral, familiar and efficient legal infrastructure.
Once the government notifies the European Council that the UK has decided to leave the EU, the two-year period for the negotiation for exit under Article 50 of the Treaty of the European Union will start.
It is important to examine how the CISG was structured in order to identify where the relevant rules on the contract formation regime are located and examine their interaction with other provisions of the Convention.
The dispute "Russia – Tariff Treatment" deals with the import duties imposed by Russia on certain agricultural and manufacturing products in excess of its bound rates.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).