#2012-945Decree on Conditions for Immobilization by Customs Officers of Dual-Use Non-Community Goods in Transit to Third Countries
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
This decree allows French customs officers to detain dual-use goods that are in transit through France to countries outside the EU. The law outlines the procedures and documentation required when goods are held, emphasizing transparency and accountability. It affects exporters, importers, and carriers dealing with controlled goods.
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Key Changes
- Customs agents can detain goods in transit for up to three months.
- Detailed documentation requirements for the detention process.
- Involvement of the industry ministry in the authorization decision.
Obligations
What this law requires
Customs officers must notify relevant parties without delay when dual-use goods and their transport means are immobilized under Article 61 bis of the customs code, and appoint a custodian for the duration of immobilization.
Prepare a detailed official report (procès-verbal) for every immobilization that includes: date, time, location, names and addresses of all inspection attendees, inspector details, description of immobilized goods and transport means, reason for immobilization, and expected duration of immobilization.
Conduct sample collection from immobilized goods by customs officers with at least controller grade rank; divide samples into three identical portions: one for the owner/recipient/exporter, and two retained by customs administration, with documentation of sample collection.
Appoint a custodian (gardien) when dual-use goods are immobilized and notify affected parties without delay of the immobilization decision
Prepare a written report (procès-verbal de constat) documenting immobilization that includes: date/time/location, names/addresses of all inspection attendees, inspecting officer details, goods description, immobilization reason, and expected duration