The following are deemed to be undeclared imports or exports of prohibited goods:
1° any infringement of the provisions of article 38-3 above as well as the fact of having obtained or attempted to obtain the issue of one of the documents referred to in the aforementioned article 38-3, either by counterfeiting public seals, or by making false declarations or by any other fraudulent means ;
2° any false declaration with the purpose or effect of evading the application of prohibition measures. However, goods prohibited from entry or exit that have been declared under a name that highlights the prohibition that applies to them shall not be seized: those intended for import shall be sent abroad; those for which exit is requested shall remain in France;
3° Any false declaration or manoeuvre in connection with the obligation to declare goods for export, as provided for in Article 158 of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 establishing the European Union Customs Code, and whose purpose or result is to obtain a financial advantage in relation to value added tax, other turnover taxes or indirect taxes ;
4° (Repealed) ;
5° making out, causing to be made out, procuring or using an invoice, certificate or any other document tainted with forgery to obtain or cause to be obtained improperly, in a country that is not a member of the European Union, the benefit of a preferential regime provided for either by a treaty or an international agreement, or by a provision of domestic law, in favour of goods leaving French customs territory ;
6° (Repealed) ;
7° any movement of goods referred to in 4 and 5 of article 38, carried out in breach of provisions prohibiting exports or imports.