Import of American Cigarettes (Germany) Case
| Date | 15 Junio 1955 |
| Court | Regional Court (Germany) |
Jurisdiction — Exemptions from — Foreign States — Foreign State-Owned Floating Crane — Waiver of Immunity — Crane Subject to Customs Examination by Virtue of Authority Granted by Foreign State — Dutiable Goods on Crane — Whether Person Importing Goods Liable to Prosecution.
The Facts.—The accused was employed as a helmsman on a floating crane owned by the United States army of occupation. The crane, which was based on the port of Bremerhaven, usually performed its work in an area beyond the German customs barrier and then returned to its anchorage in the port. While in the area beyond the customs barrier, the accused obtained a carton of American cigarettes from a person on an American vessel. He hid the cigarettes in a cupboard on the crane and then brought the crane back to port. There the crane was boarded by German customs officers, whose question as to whether he had dutiable cigarettes on board the accused answered in the negative. Notwithstanding the accused's denial, the cigarettes were found and the accused was convicted of defrauding the German customs. On appeal, it was contended on his behalf that the foreign State-owned ship on which he was serving was not subject to the local jurisdiction and that the purported exercise of authority by German customs officers was therefore contrary to international law. On behalf of the prosecution it was contended that the United States army of occupation, by issuing an order that the crane was to be subject to examination by German customs officers on passing the German customs barrier, had waived the crane's immunity, and that the accused had accordingly been properly convicted.
Held: that the order issued by the United States authorities constituted a waiver of immunity. The German customs officers had therefore acted in accordance with international law when boarding the crane, and the conviction must stand.
The Court said: “In determining the question whether the cigarettes when passing the customs barrier on board the floating crane became subject to import duty, thereby imposing a duty on...
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