Graham Rishton, recently secured the restoration of goods to an international company which specialises in the testing for infectious diseases.

Their goods had been seized at the Port of Dover under Section 139(6) of the Customs and Excise Management Act 1979.

The goods, tests used for the early detection of tuberculosis, were destined for a company in Russia. Russia is, following the onset of the war in Ukraine, subject to sanctions which prohibit the export to it of certain types of good. These goods were seized by Border Force as being in breach of such sanctions, the goods having been identified as prohibited for export to Russia by the commodity code which had been used by Graham’s client. Commodity codes are used to identify the nature of the good by companies who are exporting goods out of the UK. The value of the goods was in excess of £100,000.

Following the seizure, Graham Rishton was instructed to advise on restoration and condemnation. Detailed written submissions were composed which directed Border Force to the relevant caselaw concerning seizure, and which argued that the goods might properly have been exported under a different commodity code which was not caught by the Russia sanctions regulations.

After consideration of those submissions, in August 2024, Border Force agreed to restore the goods in full.