Black marketing not worth risk

  • Published
  • By Senior Airman Jason Burton
  • 39th Air Base Wing Public Affairs
INCIRLIK AIR BASE, Turkey --  Purchasing a bottle of shampoo, stick of deodorant or a pack of cigarettes at the Base Exchange for a Turkish friend might seem harmless, but in actuality is a crime.

Black marketing, which carries heavy fines and punishments, is defined as giving, selling or transferring any item not purchased on the Turkish economy to a local national or anyone not entitled to duty-free goods.

"We see a consistent number of small offenders who are unaware of how encompassing the black marketing laws are," said Capt. David Cromwell, 39th Air Base Wing assistance staff judge advocate. "Unfortunately, we also have the rare case where someone tries to profit from black marketing by purchasing goods on base and trying to sell them at a higher value in Adana. Last year we administered several Article 15s to active duty military members who were profiting from black marketing."

A common occurrence is an off-base vendor offering base members discounts on merchandise in exchange for duty-free goods. While these people do not directly pocket money from selling black marketed items themselves, they are contributing to illegal activity.

Once a base member has purchased a few items for an unauthorized individual, they may face being blackmailed into doing more because the unauthorized individuals may gain leverage against base members to conduct more prohibited activities, said Special Agent Stephen Cibo, Office of Special Investigations.

Regardless of why someone participates in black marketing, the rules against it are for a good reason.

The Army and Air Force Exchange Service and the commissary are able to import items into Turkey without having to pay customs duties. These items are intended solely for Incirlik members authorized to shop at these establishments.

The duty-free status of these items forms a price gap between an item on base and the same item on the Turkish economy. This difference in price creates an opportunity for profit and is an incentive for unauthorized locals to try and persuade base personnel to transfer these items to the Turkish economy, thus contributing to the black market.

While any item can be black marketed, certain products are highly sought after: jeans, underwear, cologne, perfume and hygiene items because of the price difference off base.

Commissary and AAFES employees help prevent black marketing by keeping an eye out for possible black marketing activity such as someone purchasing large amounts of items.

Though it may be tempting for base members to try to make money by black marketing, the punishment should be reason enough to avoid breaking the law.

According to the 39th Air Base Wing Legal Office, black marketing is punishable under Article 92 of the Uniform Code of Military Justice, and Turkish and American penalties authorities are severe.

For simple smuggling, the Turkish legal term for black marketing, violators face a jail term of up to five years. For those who conspire to smuggle, the punishment can be seven-15 years imprisonment. Penalties may also include payment of customs tax and confiscation of the items.

Air Force members can face punitive or administrative action by their commanders, and dependents and civilians face revocation of base shopping privileges, loss of command sponsorship and could be banned from the installation.

"While it may seem like a minor thing, black marketing is a big deal and every time one of our members engages in it, out duty free status is placed in jeopardy," Captain Cromwell said. "It is also illegal in Turkey, so we should be doing our part as guests of our host country to abide by their laws."

Incirlik leadership suggests that anyone asked by an unauthorized person to purchase duty-free products, should report the incident to security forces of the office of special investigations so an investigation can be initiated. Callers should remember to include location, name of establishment and the name of the individual if possible.

(Editor's Note: This is an edited version of a story posted April 2008 by Senior Airman Jason Burton)