On 18 July, the French customs authorities adopted a new law designed to strengthen their ability to act in the face of developments in crime and the new technologies used by fraudsters. This new law follows the decision of 22/09/2022 by the Constitutional Council, which declared unconstitutional and repealed from 1ᵉʳ September 2023 the right of inspection by customs officers, provided for in article 60 of the Customs Code. By adopting this reform, Customs intends to adapt to current and future challenges while complying with the latest legal advances.

Modernising customs inspection rights

The framework for customs inspection rights, a major power for customs officers, has not changed since 1948. The new law reforms this prerogative and clarifies it to meet today’s challenges. From now on, this right of inspection will depend on the geographical location in which it is exercised. It will remain full and complete in particularly exposed areas such as border zones, ports, airports and international stations. Outside these areas, the right to visit will have to be justified and will be exercised where there are reasonable grounds for suspecting a customs offense or following information from the public prosecutor in the case of serious offenses.

Responding to new fraud threats

The law also gives customs officials new powers to deal with new forms of fraud. Digital technologies are now being used by fraudsters, and customs is equipping itself with the means to deal with them. Customs officers will be able to freeze data hosted on a remote server during home visits, request the removal of online content that is the source of customs offenses, and temporarily detain cash circulating in the country if it is suspected of being linked to criminal activities.

The fight against tobacco trafficking

The law also strengthens the fight against illicit tobacco trafficking. The penalties for manufacturing, fraudulently possessing, selling outside the monopoly, fraudulently introducing or importing manufactured tobacco have been increased. In addition, a ban from French territory of up to ten years has been introduced.

Adapting customs resources

To respond to emergency situations or peaks in activity, a customs operational reserve has been created. In addition, the Finance Judicial Investigation Service has been transformed into the National Public Finance Anti-Fraud Office, with the creation of Finance Judicial Police Officers.

The new Customs Act marks a turning point in the fight against crime and fraud, while enabling the French customs service to adapt to the realities of the 21st century. With modernised legal tools and strengthened resources, customs will be better equipped to face current and future challenges, while contributing to the protection of national interests and the security of citizens.