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All Forums > International Shopping > International Shopping Forum Page 25 > Received two custom notices ,and more will follow
AuthorPost
spesedy
Member

Germany
238 Posts
8/00
Posted - Oct 19 2001 : 12:11PM
Hi together,

I just received my first two custom notices. Two packages containing DVDs from FiveStar were seized. These were from an order I've been waiting quite a while to be fulfilled because packages kept "disappearing". FiveStar was so nice to reship several times because I never received anything. I asked them for different packaging more likely to get through customs (no declaration of the real price, replacement of the name FiveStar with the name of a person, etc.), but they said they couldn't do that, so packages kept vanishing. Only a few days ago I fortunately received the last missing DVD from my order. Thank you, Ethan & co.

However, the custom notices I received today both contained:

- a standard letter
- the notification of seizure saying there were 4 DVDs in the package containing pornographic material and the number of a paragraph of the German law
- a photocopy of the package (the side with the stamps, address and customs sticker)

The standard letter said that in case a foreign retailer had imported pornography into the federal republic of Germany he committed a punishable act referring to §184 of the German penal code. It also said that now there was a judicial inquiry against the foreign company and that they'd keep the seized items as pieces of evidence.

The last part of the letter told me that I myself, the person who ordered the DVDs, was exempt from punishment.

Well... at least one good news.

Since the customs notices referred to packages that were sent in July (!!!) I'm certainly going to receive a few more of these for all the following packages I didn't receive.

It's a bad feeling knowing they know my name and address and are going to keep the DVDs. Has anybody of you got experiences what the consequences are going to be ? Will they seize every package from FiveStar from now on ? Well, they were obviously doing that most of the time. Or will they open more or even all my packages from foreign countries ? What are the consequences going to be for FiveStar. Why do I read that German customs are going to do everything to punish the foreign retailer although they certainly have no right and possibility to do so in the US ?
What can German customs achieve with a judicial inquiry against FiveStar ?

Any hints or nice words are appreciated :-(

Spesedy

dexplorer
Member

442 Posts
8/01
Posted - Oct 19 2001 : 1:11PM
Now I'm really confused.

I thought Germany was the land of anything goes in porn. The land of the hardest core stuff available. (Together with the Netherlands.)

Is it anything goes for German made stuff, but if it's American or other European (Private), it's suspect???

At first I thought this was basically a revenue / VAT type issue, but what with the law cited it doesn't sound like that.

-- dexplorer, confused.

dexplorer
Member

442 Posts
8/01
Posted - Oct 19 2001 : 1:15PM
Wierd --

It sounds like Germany and America are mirror flipped images of each other in porn.

In America there are restrictions on what can be produced here, without risk of real expensive prosectution and possibly conviction. The "seven deadly sins".

But we can effectively import just about anything. I've not heard of much customs problems with imported Euro hardcore. (I think the US doesn't regard that as a large enough problem to pay attention to, probably.)

Whereas Germany sounds like it's the exact opposite. The logic of which TOTALLY escapes me.

--dexplorer, more confused.

Clubber
Member

186 Posts
4/01
Posted - Oct 19 2001 : 1:31PM
Well the EU passed a law last year which states that all EU countries must be able to conduct business in other EU countries without any outside hassle.
This makes the German customs ban from US suppliers even more weird when they cant legally ban items from within Europe.
Unless you brought something which is a tad bizzarre or extreme ?.
spesedy
Member

Germany
238 Posts
8/00
Posted - Oct 19 2001 : 1:42PM
Hi dexplorer,

maybe I can help you about your confusion.
You're right that nearly no pornographic material is restricted here in Germany. Bestiality and child porn aren't allowed, but that's all I can think of. No other "fetish" is forbidden no matter how hardcore it is as long as it's done by consenting adults.

The German import restrictions haven't got anything to do about restricting foreign material. In fact the problem is that any kind of mail ordering pornographic material is forbidden here. You can go to a video-store or a porn-shop and buy and rent everything you want - German titles as well as foreign titles, but in Germany you even can't mailorder from a German store - at least not without any problems. There are a few German online stores offering adult movies, but I'm not sure how they're doing it legally.

The whole point behind this is the German law for protection of the youth which states that selling alcohol, pornography, etc. to youths is forbidden, and it's said that it's not possible to control this law if pornography gets sent via mail, for example because it's possible that a child receives the father's package while he isn't at home. From that point nobody can control what the child is doing with this package. That's why adults can only rent or purchase porn personally.

Personally I think this law isn't justified and outdated.

I hope I could help you loosen up your confusion a bit ;-)

But I still don't know about the consequences this is having for me or FiveStar.

 
Drew Black
broken crankshaft

8011 Posts
9/99
Posted - Oct 19 2001 : 7:38PM
Spesedy - your description of the law supports my hypothesis as to how companies get singled out for investigation.

I was told a couple of years ago by one of the owners of Vivid Interactive that in most foreign countries a single company typically has exclusive distribution rights for a line (or many lines) of videos. They typically pay a steep price for this honor.

I suspect that one such company is feeling the competition from relatively inexpensive internet companies. Such a company would have a vested interest in initiating and supporting a customs/mail order investigation by providing the authorities with a list of the larger internet retailers.

I'm saddened that this has happened to you and Five Star. I don't think this is an isolated case though. We will most likely be hearing about similar stories with other retailer's shipments to Germany in the future.

cykedout
Member

Ireland
245 Posts
8/00
Posted - Oct 19 2001 : 9:19PM
As the saying seems to go:

You wait along time for a bus, and then along come three at the same time!!


As I pointed out in a post a few days back, I also goot my FIRST CUSTOMS NOTICE. I know that Ireland and Gemany are different kettles of fish, but doesn't it seem coincidental, that these kinds of action seem to be happening?

I suppose what happened on Septemebr 11th may have made most countries Customs and Postal services step up their checking operations since that date, so maybe more checks and seizures in some countries will become more frequent (and unfortunate in terms of the material related to these forums). I know spesedy stated that some of his are dated since July, but are many of us here in Europe likely to lose more packages, from now on?


I still haven't heard back from Irish Customs about the package they were "examining" addressed to me, but I would hazard a guess that it may be something similar to spesedy.


Ah, well!!!...............

spesedy
Member

Germany
238 Posts
8/00
Posted - Oct 20 2001 : 3:21PM
I'm not sure that this was initiated by some local company. Couldn't this have been just a random inspection ? On the other hand it's true that American films are usually distributed by German companies here. For example many Evil Angel films are distributed by MMV - I think. However I wonder why this has only happened to packages from FiveStar yet.

Interestingly enough, the last FiveStar-packages reached me without any problems lately. I have to say that all my mail to and from the US has become MORE reliable after the terrible events from September 11th, although that's certainly kind of macabre. Maybe so many mail was backlogged, that customs couldn't keep up with the packages last month ?

I hope you're wrong, Drew. This was certainly a catastrophe if this had just been the beginning. Fortunately I haven't had any problems receiving orders from other companies, so maybe that's a reason for you to calm down, cykedout ?

spesedy
Member

Germany
238 Posts
8/00
Posted - Oct 20 2001 : 3:21PM
Sorry... doublepost :-o

Edited by - spesedy on Oct 20 2001

All Forums > International Shopping > International Shopping Forum Page 25Received two custom notices ,and more will follow

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