Introduction

Regardless of whether you are entering or leaving Germany from a non-EU country, if you are carrying cash or equivalent means of payment in the amount of at least EUR 10,000.00, you must notify the customs authorities in writing. In this legal tip, we show you which mistakes you should avoid and what to look out for in general.1

You have already imported or exported cash of more than EUR 10,000 to Germany and the cash has been confiscated as a result? Then you will find tips and hints on how to proceed here.  


How do I register the cash?

The form for the declaration of cash can currently (as of 02.04.2025)  be filled out and downloaded without registration on the customs homepage. Specifically, these are forms 040000 (german) and 040001 (English). All fields highlighted in red must be filled in, the grey fields are filled in by the competent authority. The form contains various information on the person of the declarant, the owner, the specific travel route as well as the origin and intended use of the cash. The information must be correct and complete, otherwise customs will consider the declaration obligation not to be fulfilled.


What are "anmeldepflichtige Barmittel"?

In addition to cash in the form of notes and coins, cash that must be declared is also cheques, traveller's cheques, shares or money orders. Precious metals such as gold coins or gold bars, gold nuggets or gold nuggets with a gold content of at least 99.5% are of practical importance too.


What are equivalent means of payment?

Means of payment equivalent to cash that must be declared include savings books, diamonds and other precious stones, coins with a gold content of less than 90 percent or other precious metals such as silver or platinum. The equivalent means of payment must be declared orally when questioned by the customs officer.


What applies if I am carrying cash and equivalent means of payment that only add up to more than EUR 10,000?

Cash and equivalent means of payment are always added together and, if they exceed EUR 10,000, must be notified orally to the customs officer on request.


Where do I have to register?

Depending on the means of transport you are using, the written registration must be submitted at different points.


Those entering by plane must submit their declaration at the marked red exit for goods subject to declaration, and those leaving must visit the customs office at the airport. Anyone entering  or leaving Switzerland by train must declare the cash in writing at the train inspection. If you want to enter by ship, you must submit your declaration to the customs office responsible for the customs landing place you are calling, unless the customs officials have previously inspected the ship. If you are leaving the European Union, you must declare the cash in writing to the customs office responsible for the customs landing place.


We travel as a family, what do I have to consider for my children?

Surprisingly, you also have to register if you are traveling as a family with children, for example if you carry 15,000.00 EUR in cash with you and keep the cash in only one suitcase. If you divide the money and each adult traveler imports 7,500.00 EUR, there is no obligation to register. That sounds absurd, but it is intended by the legislator. Especially in the case of married couples, but especially in families with small children, this is of course difficult to understand and the regulation is rightly criticized as completely unrealistic. However, the courts are not very flexible here and insist on compliance with the letter of the regulation.


Am I "safe" when I declare the cash?

No. If you do not declare cash of EUR 10,000.00 or more when you enter, transit or leave the country, you are committing an administrative offence. However, even if you declare the cash you are carrying, this does not mean that the money will not be taken away from you temporarily. Section 12a of the Customs Administration Act allows cash to be provisionally secured for 30 days in order to clarify the origin or intended use. This is done in the so-called clearing procedure. By court order, the seizure can be extended to up to 90 days. Even then, however, the money does not have to be returned. If the customs authorities assume (attempted) money laundering, the proceedings are handed over to the public prosecutor's office, which can seize the money in turn and without a time limit.


Since 2017, it has also been possible to confiscate the money permanently even if no person can be prosecuted or convicted of a crime. This is a so-called independent confiscation procedure. We have already shown you an example case in which the prosecution authorities have proceeded in exactly the same way in our legal tip "Independent confiscation § 76a StGB; Order of the Regional Court of Hamburg of 7.3.2019, 614 Qs 21/18".


Conclusion

Traveling with cash can quickly become a problem. This applies not only if you want to transport cash abroad in a targeted manner, but even if, for example, you accidentally do not formally divide cash gifts to the family according to suitcases and adults. If you plan to travel with a large amount of cash, you should therefore find out about the current entry and exit regulations on the customs authorities' website and also the opening hours of the customs offices. Because nothing is more annoying than when the (family) holiday begins with criminal proceedings.



1Disclaimer: The content of this legal tip has been designed and published with great care. Nevertheless, it can always happen that content is incorrect, incomplete or no longer up-to-date. In particular, the legal views presented do not necessarily have to be shared by a court or the law enforcement authorities. Therefore, no liability can be assumed for the content presented, its accuracy, completeness or topicality. In addition, this legal tip is not individual legal advice, but merely non-conclusive information on what to look out for in any case when traveling with cash.


Author: Lawyer Dr. Pascal Johann; since 2013 commentator on the asset recovery provisions of §§ 111b et seq. of the Code of Criminal Procedure in the Löwe-Rosenberg Großkommentar zur Strafprozessordnung; Doctorate in law. in 2018 on the topic of criminal asset recovery; Germany-wide lecturing activities on questions of asset recovery law.