Workshop on Electronic commerce Legal framework and its enforcement Slot 4 Cross border and Export issues

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Workshop on Electronic commerce Legal framework and its enforcement Slot 4 Cross border and Export issues Serbian Chamber of Commerce Belgrade, 26 October 2010

Financial & Economic Crime Agency Operational Directorate of Special Cases of Athens Section of Information Technology & Electronic Trade & Electronic Crime

Minister of Finance Special Secretary Financial & Economic Crime Agency Directorate of Special Cases of Athens Section of Information Technology & Electronic Trade & Electronic Crime

Directorate s jurisdiction Supplies, financing, loans and gambling. Intellectual property, trademarks and relevant commercial rights. Falsification of currencies, titles and Government Bonds. Unlawful Stock Exchanging, banking and other financial transactions. Fraud, irregularities and illegal economic activities damaging EU interests.

Section s jurisdiction Prevent and stop illegal activities and transactions on prohibited or goods under restriction, which are distributed or promoted over INTERNET, using electronic media or other contemporary IT means. Search the Internet, investigate, trace, detect, validate and fight economic crimes and other violations which are under the jurisdiction of Financial & Economic Crime Agency

Fields of Co-operation E.U. ( O.L.A.F., Europol, A.F.I.S., European Council, EU Monitoring Center for Drugs & Drug Addiction) International Organizations ( United Nations, Interpol, Europol, World Customs Organization, O.E.C.D.) National Public Services (Ministries, Customs & Tax offices, National Administration offices, Scientific Institutes) Other Fields of International Cooperation (Marinfo, Liaison Officers, SHENGEN, BALKAN INFO) DATA BANKS (Bank of LAW Information, INTERNET, I.C.A.P., TEIRESIAS)

Cross-Border Trade (CBT) Cross-Border Trade (CBT) is a term for buying and selling that happens across international borders Any good sold by a seller in one country and bought by a buyer in a separate country is considered to be CBT.

EXPORTATION MS x 1. Income tax 2. VAT 3. Excise 4. Customs duties X 3rd country

IMPORTATION MS x 1. VAT 2. Excise 3. Income tax 4. Customs duties X 3rd country

Electronic commerce commonly known as e-commerce or e Commerce, or e-business consists of the buying and selling of products or services over electronic systems such as the Internet and other computer networks.

How e commerce works

How e commerce works v.2

CASE STUDY One of the most known e-shops

You can either bid or buy instantly anything you can imagine

The SNEAKERS Case

CASE INITIATION information: Individuals based in Greece sell expensive sports shoes through e-bay evading taxation

In these transactions we cannot confirm that the product is authentic Anonymity of seller In case of product loss no guaranty of money return Usually no warranty, no legal receipt, no proof of V.A.T. payment

ANALYSIS Our analysts identified three E-BAY users selling hundreds of pairs of shoes per week in almost half the usual price of the market Q1: Was VAT paid? (for sales in Greece) Q2: Were the goods genuine? Q3: Was the proper customs procedures followed?

Actions Our goal is to find out the seller s identity and identify his bank accounts and assets Search for sellers from Greece (data mining). Buy an item (the cheaper because we pay it). Receive the package and analyze the bill of landing information (name, address, contact person, contact phone number etc). Locate seller s products and co-operate with your specialists in order to certify the authenticity. Process gathered data. Locate the person/s and plan the operation.

Searching for the Greek Sellers ΝΙΚΕ shoes Using (search engines) and filtering your search

List of goods

The e-business profile minimum total transactions

Shipping and Payment details

Time to pay

Payment Details

Shipping Goods arrive to buyers through international shipping companies

ACTIONS TAKEN Suspects bank accounts were identified Suspected e-bay users and their assets were identified A pair of shoes was ordered and paid through their account Experts were asked to examine if the shoes were genuine

RESULTS EBay users-sellers located in Greece sold 12.676 pair of shoes branded as NIKE and PRADA. 175 pairs seized. Turned out to be non-authentic. The gross-income in a ten months period was 830.000

Seized Items