legal problems offshore company

[jovicremo]

hi everyone, if i have an offshore company and i sell through an ecommerce website administered by my country, medical devices that are not approved in my country (i am european) and that are shipped from asia, so what laws should i respect?

should I respect the laws of my country just because I manage the website from my country?

I am under investigation and risk high penalties and criminal problems

 

[neweraoffshore]

If the product is legal in Asia, then the importing company needs to take care of the local laws. The importer is liable for every problems occuring with the product. If you sell it to some companies and they are the official importer, then you don't need to bother at all. It's their fault. And custom may seize and destroy the products. (For example happend to a lot of covid masks from the guys who thought they can make a quick business in a market from which they have no idea of on howto satisfy regulatory needs...)
If we are talking about fake certified medical products, you are technically liable, however I am sure you registered an anonymous website and can manage the site anonymously. So in practice you don't have to bother. Chances are almost 0.

 

[jovicremo]

the prosecutor of my country seized the website, I was only the hosting manager but the domain was registered in the name of the Seychellois company, but I am still subject to accusations.

which local laws are you referring to? are you referring to the local laws of my country or to the local laws of my company? the products my korean supplier ships are legal in korea, but they are not legal in my country


the products are sold shipped directly from the supplier to customers all over the world, customers who purchase for personal use

Last edited: Jun 27, 2020

 

[Spinat]

They will come after you in person if they can and give a flying fu.. about what company you try to hide your business behind.

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[jovicremo]

the company is in the seychelles. the business would be legal if i was actually in the seychelles, but since i live in europe, the problem can arise if i manage the ecommerce website from my country?

 

[user9823671]

Go speak to a lawyer in your country who will KNOW about these things, not ask people on a website to give advice on a product you won't name in a country you won't name with the details the authorities have contacted you with.

No one can answer you.

 

[Sols]

It depends on a plethora of factors but you may find yourself answerable before both Seychellois and your local law.

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This is the probably the answer to your question.

 

[jackfrost]

thats why you dont s**t where you eat... as an EU citizen that woud be the EU...

 

[neweraoffshore]

Have you stated and marketed that the products are fully certified and legal in the EU?
Actually if legal in the shipping country and legal in the country of the company and the shipping country has no export ban on the product, and there were no false statements made, then it actually should only be a problem between the custom and the ordering party.
But if you say the website was seized I think you have massively violated some laws...

 

[jovicremo]

most products are legal, but there are some products that are not legal

 

[jackfrost]

Domain seizures are very rare and usually connected to narcotics / controlle substances. If that is the case and you really were so dumb to sell in the EU... good luck. Your offshore is not going to shield you in any kind of way and depending on the substance this will get nasty.

In that case especially it will easily get proofen that you were involved and even had controlling rights and thus violated your home countries rights on its soil by selling in that market.

 

[Frank N Stein]

People seem to think that this forum can magically provide them with a solution when they do something illegal. They should understand that you need to setup everything properly BEFORE anything happens. Getting advice on ways to protect yourself after the fact is akin to wearing a bullet-proof vest after you've been hit.

 

[jovicremo]

but what you're saying?

1 - I didn't sell in my country, sales were all over the world
2 - there is no evidence that I have shipped or sold that product
3 - it's not about drugs but about botulinum and not all countries require a prescription
4 - it seems that drugs are not regulated in the seychelles, there are very generic and not very restrictive laws

 

[Martin Everson]

jovicremo said:
hi everyone, if i have an offshore company and i sell through an ecommerce website administered by my country, medical devices that are not approved in my country (i am european) and that are shipped from asia, so what laws should i respect?

should I respect the laws of my country just because I manage the website from my country?
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A Seychelles IBC does not have a place of operation and control in the Seychelles by the very nature of a Seychelles IBC. It's place of operation will be outside the Seychelles where you are resident if you are the director or controlling person of the company or alternatively where you declared it to be outside the Seychelles. So you must respect the law where you are resident.

I can't for example buy a armoured tank from Iraq then setup a Seychelles IBC while being resident in France and resell it to people outside France. This is because the IBC would be considered operational in France and I would need to respect French laws and have whatever arms licenses, approvals etc would be needed to do something like that.

jovicremo said:
1 - I didn't sell in my country, sales were all over the world
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Does not matter. Place of operation of company is where directors or controlling person are resident for an IBC unless you specify elsewhere.

jovicremo said:
2 - there is no evidence that I have shipped or sold that product
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So ecommerce wesbite in your country does not keep records?

jovicremo said:
3 - it's not about drugs but about botulinum and not all countries require a prescription
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Ok

jovicremo said:
4 - it seems that drugs are not regulated in the seychelles, there are very generic and not very restrictive laws
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Ok

jovicremo said:
I am under investigation and risk high penalties and criminal problems
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Basically you have no case. You can either come clean or get a lawyer then plead ignorance of local laws and regulations and pray for a soft punishment ange¤%&.

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Please note my posts should not be taken as financial or tax advice. Please seek professional advice in that respect.

 

[jovicremo]

unfortunately I have been subjected to interrogation and I think there will be a trial, I declared that I am not the owner of the Seychelles company, I just said that I am an IT specialist who deals with website marketing, but I do not manage sales . if company secret exists, they cannot know who the real owners of the seychelles company are, considering that the seychelles company does not have a bank account but belongs to another company

Last edited: Jun 28, 2020

 

[Martin Everson]

How did they discover what you were up to firstly?

Knowing the answer to the above question will go a long way to explain what is likely to happen. If you claim not to be behind it all then they surely will ask you who is and your relationship to that party? Remember public prosecutors are smart. They will let you lie through your teeth and not contradict or present evidence they have on you. That way they can secure maximum penalty from you in court when they present what they actually have on you and show you lied under perjury and tried to pervert the course of justice. This is where you need a lawyer to find out how strong the case is against you.

No point pretending to them if your lawyer discovers they have already done a court summon to Seychelles courts to obtain financial records and details of the Seychelles company shareholder, directors and UBO's. Or your ex-girlfriend has grassed you up for example.

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Please note my posts should not be taken as financial or tax advice. Please seek professional advice in that respect.

 

[jovicremo]

they traced back to me because they obtained my name through the domain purchase and hosting service that were with a European supplier, I was the administrator of the service, but I had registered the domain on behalf of the company. Also, why should Seychelles provide company owner data? at the moment there is only an alleged sales offense, I don't think the seychelles government is so stupid that it gives up easily, there was no murder! I have already specified my relationship with the Seychelles company, I took care of the creation of the website and web marketing

 

[Clip]

jovicremo said:
unfortunately I have been subjected to interrogation and I think there will be a trial, I declared that I am not the owner of the Seychelles company, I just said that I am an IT specialist who deals with website marketing, but I do not manage sales
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Sorry but if they identified you and you can't blame somebody else, they will go after you. No matter is a Seychelles company, if you operated in France to French customers they consider that company a French company. The secrecy works if they don't fill a criminal case against you, but I'm sure Seychelles would respond with the information request from France.

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[Martin Everson]

jovicremo said:
they traced back to me because they obtained my name through the domain purchase and hosting service that were with a European supplier, I was the administrator of the service, but I had registered the domain on behalf of the company.
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OK so if that's how they got hold of you then the excuse you gave would be enough.

jovicremo said:
Also, why should Seychelles provide company owner data? at the moment there is only an alleged sales offense, I don't think the seychelles government is so stupid that it gives up easily, there was no murder!
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It's called international cooperation. The old days are long gone and non-cooperation puts you on an EU blacklist sadly.

jovicremo said:
I have already specified my relationship with the Seychelles company, I took care of the creation of the website and web marketing
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Well you better hope they don't go after the Seychelles company and find you hiding behind it. A lot of offshore registry data has been leaked via one way or another.

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Please note my posts should not be taken as financial or tax advice. Please seek professional advice in that respect.

 

[jovicremo]

why do you say that many offshore data have been disclosed? don't the seychelles government think it will keep it secret?