Judicial principles and studies
Customs - Criminal Liability: Transfer of Deposited Goods in Free Zones and the Transferor's Liability
Brief summary: Where deposited goods in a free-zone warehouse are transferred by deed under free-zone supervision and later found to have been smuggled after being placed in the transferee’s leased warehouse, Article 5(2) of the Customs Procedures in Free Zones Reg. No.62/2012 precludes criminal prosecution of the transferor and requires a declaration of innocence.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
The owner of goods stored in a leased warehouse in a free zone executed a transfer deed, under the supervision of free-zone staff, transferring those deposited contents to another person. The transferred goods were placed in the transferee’s leased warehouse under the same supervision. On subsequent inspection the goods were found to be absent and had been smuggled.
Summary
Under Article 5(2) of the Customs Procedures in Free Zones Regulation No.62/2012, where the factual conditions above are met, the transferor may not be prosecuted for the smuggling offense and must be declared innocent. This principle is reflected in the decision noted as تمييز جزاء / جمارك هيئة عامة رقم (2719 /2023). Note: This content is an educational summary and does not constitute judicial text or legal advice.
Practical significance
This is a general educational summary based on the points published in the official source. It does not replace the original material or a review by Ashraf Al-Khawaja before relying on it for any action.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.