#2023-610Law No. 2023-610 Enhancing Customs Capabilities Against New Threats
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The law LOI n° 2023-610 aims to enhance the French customs authorities' ability to respond to emerging threats, particularly in relation to fraud and illegal activities regarding goods and financial transactions. It expands the powers of customs agents to conduct searches and inspections within designated areas and outlines specific procedures for interventions involving suspected offenses. Additionally, it establishes a reserve operational force of customs agents to support enforcement efforts and addresses the retention of cash linked to potential money laundering or terrorist financing.
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Key Changes
- Expansion of customs agents' powers to conduct inspections and searches in specified areas.
- Creation of a reserve operational force comprising retired customs agents and volunteers.
- New regulations for retaining cash linked to potential illicit activities.
Obligations
What this law requires
Customs agents may conduct inspections of goods, transport means, and persons at any time within the terrestrial customs zone (defined as between the coastline/border and a line 40 kilometers inland) and at designated customs offices, international ports, airports, and railway/road stations, as well as motorway sections and international train routes within specified limits.
When there are plausible reasons to suspect commission or attempted commission of specific offenses related to fraud, prohibited goods, or financial crimes, customs agents may conduct inspections on public roads, publicly accessible adjoining areas, and at transport hubs beyond the designated customs zone.
The prosecutor (procureur de la République) must be informed of inspection operations that exceed 4 hours in duration from the start of operations by any means.
Customs agents must inform the prosecutor of the Republic prior to conducting inspections in public places and adjoining areas for searching customs infractions, who may then oppose such operations.
Inspection operations in the same location cannot exceed 12 consecutive hours in total and cannot consist of systematic screening of all persons present or circulating in designated zones and locations.