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-   -   Confiscated Uruguay Bikes and Vehicles (https://www.horizonsunlimited.com/hubb/south-america/confiscated-uruguay-bikes-and-vehicles-93121)

Rob1972 6 Oct 2017 08:53

Confiscated Uruguay Bikes and Vehicles
 
Im hearing 18 Bikes and Vehicles have been confiscated Uruguay,

From what i have read here: https://www.facebook.com/groups/Over...1921344336841/

The vehicles were confiscated due to the storage facility not being able to provide the documentation for the vehicles, whilst the owners were out the country.

Rob1972 7 Oct 2017 08:16

Its appears the the Aduana, have now sized vehicles from both Nuevo Helvecia & Sandra's

More info here: https://www.facebook.com/groups/Over...1921344336841/

mika 7 Oct 2017 11:00

Uruguay
 
More info pls, as not everybody on the HU uses Fakebook. Thank you. Gracias. mika :scooter:

Rob1972 7 Oct 2017 12:04

This is the text from the linked article in the posts:

In a proceeding carried out by the Regional Headquarters of Southwest Surveillance and the Customs Administration of Juan Lacaze, last Thursday, September 14, 18 vehicles were seized with an estimated value exceeding one million dollars.

The procedure was carried out in a hotel of Nueva Helvecia, after an anonymous denunciation received by the National Direction of Customs.
The 18 vehicles seized and did not have the corresponding documentation of entry or nationalization.

- Truck Brand Volkswagen California
- SUV brand Land Rover
- Truck Brand Toyota
- Truck Brand Toyota
- Truck Brand Land Rover
- Truck Fiat
- Truck Brand Mercedes Benz
- Motor home Brand IVECO
- Motor home Brand MAN
- Motor Home Brand Mercedez Benz
- Motor Home Brand Man
- Motor Home Brand Man
- Motor Home Brand Fiat
- Motor Home Brand IVECO
- Motor Home Brand Mercedez Benz
- Motor Home Brand Mercedez Benz
- Motor Home Brand Mercedez Benz
- Motorcycle Honda Honda TRANSALP

Other posts on FB say that these two places were raided Nuevo Helvecia and Sandra's.

I would suggest if people need info on this to join the group Overlanding The Americas as some of the people affected are posting updates and general seems the best source of information right now

I will try and post updates here if i see them

Tony LEE 7 Oct 2017 12:27

Reason given by aduana is that entry of a vehicle under a TVIP is conditional on the vehicle being there for tourism purposes. A vehicle parked up while the authorised driver is out of the country is obviously not being used for tourism.

Trouble is the practice has been condoned for many years.

Court case on 18th when a judge will rule on whether aduana action is legal.

Aduana web site is here -- http://www.aduanas.gub.uy/innovaport...-helvecia.html

Quote:

In a procedure carried out by the Regional Headquarters of Southwest Surveillance and the Customs Administration of Juan Lacaze, on Thursday, September 14, 18 vehicles were seized with an estimated value exceeding one million dollars. The procedure was carried out in a hotel of Nueva Helvecia, after a complaint received by the National Customs Directorate. The 18 vehicles seized were extra Mercosur, and did not have the corresponding documentation:
and there are photos of the vehicles. Sandras storage also involved and that is in addition to the 18 vehicles mentioned here

xfiltrate 7 Oct 2017 17:09

Uruguay
 
Tony Lee,

What, where is Sandras?

thanks,
xfiltrate

xfiltrate 7 Oct 2017 17:52

Sandras
 
Tony Lee,

Is this the Sandras you mentioned?

Parking en Uruguay

xfiltrate

xfiltrate 7 Oct 2017 23:44

Info regarding TVIP confiscations
 
1 Attachment(s)
[Edit by moderator] I have researched - a phone call to our Argentine attorney - to discover the why behind the recent confiscations by the aduana (customs) of Uruguay of vehicles/motos in Uruguay on an expired or non existent TVIPs.

Uruguay has always been very lax about issuing and enforcing TVIP policy. The reality is if a vehicle/moto overstays its' TVIP, it is forfeited, with little chance of appeal.

It was explained to me that the courts are not equipped to handle the volume of potential appeals. Of course, money talks and a lot of money talks louder, so this is not definitive.

As far as I have determined it was the attached statement from Sandras, found on the the Parking en Uruguay web site, that grabbed the attention of the authorities /aduana (customs) of Uruguay. A cover story has been invented and presented .

As those who read here know it is illegal to sell a foreign registered vehicle/moto entered into a Mercosur country on a TVIP in that country... - and yet the "Sandras" web site - at least without further explanation makes it appear that "Sandras" can sell foreign plated vehicles entered into Uruguay on a TVIP in Uruguay. That is if you read between the lines....

Apparently a sting operation is ongoing. I doubt the aduana (customs) will confirm what my attorney has explained to me, due to current operations.

So, while "Sandras" carefully worded offer to sell vehicles without the owner being present might not be against TVIP policy, the inference that TVIP entered vehicles might be sold is against TVIP policy.

This is a fine point to be determined by past behavior of Sandras and a court of law.

[edit]

Anyone who has read my posts knows I have championed the cause of obeying TVIP policy regarding the prohibition of the sale of motos entered into a country on a TVIP, in that country.

I feel confident that those with valid TVIPs issued in Uruguay will not lose their vehicles/motos, but those with non existent TVIPs or expired TVIPs might suffer the consequences.

[edit]

If I had to guess, i suspect the insurance companies are - in some way - due to a current liability case - behind this crackdown. If the insurance company can prove an illegal sale of the vehicle they insure, the insurance company does not have to pay liabilities.

xfiltrate

attached thumbnail is from : Parking en Uruguay

Tony LEE 8 Oct 2017 05:08

Quote:

Originally Posted by xfiltrate (Post 571829)
Tony Lee,

Is this the Sandras you mentioned?

Parking en Uruguay

xfiltrate

Yes, and she has confirmed the action in an email to another traveller

Problem is ALL vehicles have been placed under customs seal and people have been forced into expensive plane tickets and long delays without any access to their vehicles or possessions. Seems that the action is not just against expired tips, although obviously there will be a few caught in the net and they will be in big trouble, but against all vehicles that are not engaged in ongoing day to day touristic activities under the immediate control of the visa holder which is the whole basis for allowing entry in the first place. A truck sitting in a yard for 11 months with the owner back in Germany loses the protection of the Vienna Convention on road Traffic and becomes liable for import duties. Sandra claims to have valid TVIPs for every vehicle in her yard. Another traveller was at the aduana within five hours of the confiscation with valid TVIP to no avail so I would suggest there is no reason why this couldn't happen in Argentina too. Sandra's place was the second and the original at the hotel was more than a week ago. I doubt that Uruguay cares two hoots about foreigners swapping vehicles because it and the storage has been going on for many years anbd must be the worst kept secret in history. Make no waves and the authorities won't care. Don't ask, don't tell etc etc

If I hadn't sold the camper it would have been parked at one of these places and then I would have had the problem of deciding whether it was worth spending 16000 dollars on airfares plus hotels to rescue a vehicle that I sold for 18000. I suspect it would have stayed there and good riddance. Frankly, I'm fairly glad to be shot of the whole place. The scenery was wonderful and the people were great, but the constant concern about what sort of crap the next person in uniform was going to pull - while a bit of a challenge in the early days - took all of the fun out of the journey

https://www.facebook.com/groups/Over...erica/?fref=nf is probably the best source of news, but probably nothing new to report until after the court case

xfiltrate 8 Oct 2017 06:44

Touring Uruguay en absencia ??
 
Tony Lee, thanks for the update.

I believe Sandra and the owners with valid titles and valid TVIPs will prevail in court - perhaps with a warning.... the impounding of so many vehicles is bound to attract diplomatic attention with accompanying pressures expertly applied. Those with "swapped " titles or expired TVIPs should buckle up for a rough ride.

As far as Uruguay not caring "two hoots" about foreign registered vehicles being "swapped" - at least in Argentina, careful attention is paid to titles and TVIPs.

I would not suggest that anyone consider transferring a vehicle title after the vehicle has been entered into a Mercosur country on a TVIP in Uruguay, Argentina etc. And, remember, once an illegal title transfer is discovered, any insurance on the vehicle is null and void.

For touring in Absencia...
Since all TVIPs have provisions for secondary drivers, I would suggest - and have done this very successfully - name a secondary driver who is in country while owner is out of the country - this should foil any attempt, on the government's part to say the vehicle is not being used for tourism.

In cases of extended absence, I have suggested this during the ten years of operating our motorcycle parking business. This also allows for a backup driver if the owner is incapacitated.

I maintain the recent attention in Uruguay has to do with illegal sale of foreign registered vehicles and all the rest is cover while the sting continues.

Let me assure you, before any vehicle is released by the government, a complete international title search will be undertaken for each vehicle impounded. Otherwise, the government could be accused of aiding and abetting a criminal act by releasing the vehicle to someone other than the legal owner.

So, the titles of all vehicles, swapped or sold, or not will be investigated carefully.

There are periodic international title checks on "suspicious" foreign registered vehicles, especially in BsAs.

This all represents much more than "two hoots," unfortunately for those who have "swapped" vehicles.

xfiltrate

Rob1972 8 Oct 2017 09:37

xfiltrate - You say there was some sort of insurance claim and that any Mercosur insurance is not valid when a vehicle is sold within the region?

It seems quite normal for people to sell their vehicles, and swap the TIP's at the border.

Some i hear are able to have the title put in their name so all documents match others travel with poder.

Are Mercosur countries in a customs union, applying the same rule throughout?

If some one had to sell their vehicle to a foreigner / tourist how would they be able to go about this with out importing it fully and paying taxes?

Tony LEE 8 Oct 2017 13:07

Rob, there are a heap of vehicles getting around with fake paperwork, fake license plates, doctored documents and expired registrations back home and long term TVIPs that were also forged or falsely sworn, and fake insurance documents, and contrary to the opinions often expressed that they don't care about such things south of the border, all it takes is a serious accident and people will then start digging. Having valid insurance is pretty much a get out of jail card and conversely, no or fake or invalid insurance is go directly to jail. Insurance companies particularly start from the basic premise that the world is full of crooks so lets prove that and deny the claim anyway - and that is back in our home countries, so can't imagine they will be any more willing to pay out in South America.

Rob, what you say about buying and selling is perfectly correct and I have done it several times, each time with the end result being a legal properly registered title and registration and what's more registration that is permanently valid back home and with mandatory insurance policies that were in force and covering both parties at all times. Granted, a few pale grey areas and of course one black area in that as far as the government was concerned the transfer was illegal, but ...

Quote:

careful attention is paid to titles and TVIPs.
except of course when the border people aren't taking any notice of either on the way out. (and I'm quite happy it is that way too, otherwise I might be still in Brazil explaining why my TVIP (which wasn't issued when we came in anyway) was 'somewhat' overdue. At least the aduana official there was awake and we had a pleasant chat before he waved me through unlike the lazy sod at Iguazu who was asleep in the shade)

Quote:

Since all TVIPs have provisions for secondary drivers, I would suggest - and have done this very successfully - name a secondary driver who is in country while owner is out of the country - this should foil any attempt, on the government's part to say the vehicle is not being used for tourism.
Trouble with that is the secondary driver has to be at the border when first entering. I've heard of people managing to add one by visiting a head office aduana, but that seems to be just the luck of the day because others get told to buzz off

xfiltrate 8 Oct 2017 16:06

The facts
 
My responses to the quote below are contained within the quote and in green
, xfiltrate

Quote:

Originally Posted by Rob1972 (Post 571869)
xfiltrate - You say there was some sort of insurance claim and that any Mercosur insurance is not valid when a vehicle is sold within the region?

Rob1972, I did not say there was "some sort of insurance claim" here is what I said paraphrased........ if I have to guess the crackdown is related to an insurance claim that has made it to the courts and the insurance company might be looking for an easy out so as not to pay liabilities. That easy out is, of course, the small print on all vehicle insurances includes the statement that the vehicle be operated "legally." It is illegal to transfer the title in any Mercosur country of any vehicle entered into that country on a TVIP - temporary vehicle import permit. Therefore, if the insurance company can prove that there was an illegal title transfer within a Mercosur country, the insurance company will not be required to pay any liabilities. I really don't know how to say this in a more simple understandable way. I will add, no man's land between border does not exist legally and therefore and swap of titles, no matter how legal in another country, cannot be deemed as a legal title transfer simply because the actual sale/transfer of title occurred in one or the other of the Mercosur countries. And, non Mercosur countries have similar policies as stated on their TVIPs. .

It seems quite normal for people to sell their vehicles, and swap the TIP's at the border.

What can I say Rob...[edit by moderator]. Of course illegal title transfers occur...[edit by moderator]. Illegal title transfers work until there is an accident and the insurance company discovers the illegal title transfer, and denies paying your bail and any liabilities. So there you sit in a South American jail, with no insurance company provided lawyer to bail you out until trial, and even worst with no insurance to pay liability - even though you have paid for vehicle insurance and believed you had insurance coverage. As I have stated the Uruguay action MIGHT have to do with a liability case and proving there was an illegal title transfer so as not having to pay liabilities. I am sure all the titles and title transfers of all the vehicles impounded will be investigated.


Some i hear are able to have the title put in their name so all documents match others travel with poder.

[edit by moderator]

Are Mercosur countries in a customs union, applying the same rule throughout?

Absolutely!

If some one had to sell their vehicle to a foreigner / tourist how would they be able to go about this with out importing it fully and paying taxes?

[edit by moderator] If the vehicle to be sold was entered into a Mercosur country on a TVIP, it cannot be legally sold to another tourist or to a resident. [edit by moderator] PERIOD

Tony Lee, you are right as usual, secondary drivers need to be included on the TVIP at the border, or in Argentina - just go to the aduana office on Plaza de Mayo, BsAs where they will happily include secondary drivers on your TVIP. This eliminates the need to return to the border to include a secondary driver.

[edit by moderator]

xfiltrate

thepinproject 8 Oct 2017 17:19

Quote:

Originally Posted by xfiltrate (Post 571887)
Some unsolicited advice, please stop characterizing foreign officials in ways you might not like to be characterized. You have no ideas of the challenges they face, the families they are trying desperately to support and the fact they may not have the nourishment and medical care you take for granted.
xfiltrate


As long as the traveller is legal & legit -which apparently was not the case in the confiscationGATE in Uruguay (in case there were vehicles with expired TIPs or illegal sales/ transfers)- and the officials DO their job and are not corrupted to the bones (which happens quite often), then I agree that nobody should be characterized.. But it seems that both sides are competing who can cheat better.. not in this case but in general!

I am about to leave my car in Peru for 2 months and fly home after 3 years (which apparently has a formal procedure to legally suspend your TIP but involves some bribing and you need 3 weeks minimum to sort out everything), I cannot hide my skepticism as well as my sympathy to all of them who found themselves in the difficult position to deal with the law in a foreign country and run the risk to lose their vehicle/ house-on-wheels!

Hope it will have a fair/ happy end for both sides!

thepinproject 8 Oct 2017 18:11

One more thing:

We, middle class-more fortunate/privileged, travellers from "more developed" countries (N. America, Oceania, Europe) tend to think that we can do our shit easier without remorses in a foreign "less developed" country just because there is corruption, mismanagement. However, we wouldnt dare to do something similar in our countries. PERIOD!

When we were in Africa, I was paying 1000 euro every year for taxes & road fees in the Greek state (which is so famous for their corruption) just because I didnt want to risk my trip and of course I wanted to be legit and legal in the SUPER corrupted Africa!

On our way though, we met people from "more developed-organized" with no corruption countries than Greece like Germany, Austria & Netherlands who had "cleverly" suspended their registration in order to avoid paying hefty taxes for their vehicle in their home country! One Dutch guy with a Land Cruiser, had to pay 200 euro every single month in taxes in case he had a valid Dutch registration. Fair enough!

At the same time, I never had - and I still dont have- any trust to the local cheap insurances we buy at the borders and so on. Neither, I trust the traffic police, the customs people and so on.. But, I do RESPECT every single of them until they will start giving me shit.

We, middle class-more fortunate/privileged, travellers from "more developed" countries HAVE TO DECIDE if we follow the local rules and stick to them. Bribing, corruption and mismanagement is a great excuse to bend them, forge/ fake documents and so on just because.. "who cares, they are ****ing corrupted".. (Trust me, I know very well from my country's continuous failures and misfortunes).

In case they will prove that there have been illegal sales, titles swaps and expired TIPs, this is a good lesson that we, middle class-more fortunate/privileged, travellers from "more developed" countries, have to take and study thoroughly. And learn from it that a smile, some respect and of course legal documents is way better than bribing, faking & cheating.

Again, I want to express my sympathy to all of them who may lose their vehicle.


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