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Cyprus Supreme Constitutional Court rules importers bear burden of proof for goods origin

On July 23, 2026, the Supreme Constitutional Court of Cyprus issued a unanimous ruling establishing that the legal burden of proving the country of origin for imported goods lies with the importer. This landmark decision clarifies that when customs authorities are unable to verify information provided by an exporter during post-clearance audits, the importer is responsible for ensuring the accuracy of the goods' classification.

The case centers on a legal dispute involving Chrisanmari Enterprises Ltd and the Republic of Cyprus, specifically the Ministry of Finance and the Customs Department. The dispute stems from a 2011 investigation by the European Anti-Fraud Office (OLAF) regarding the potential evasion of anti-dumping duties. Following an initial administrative court ruling and a subsequent appeal, the Supreme Court’s decision now sets a clear precedent for customs compliance and accountability in international trade.

The ruling reinforces strict regulatory requirements for entities importing goods subject to specific international trade protections. By placing the onus on the importer, the court aims to prevent the misclassification of goods intended to bypass necessary financial obligations. This decision effectively settles the ongoing litigation between the involved parties and provides legal guidance for future customs enforcement actions.

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