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Article 430 of the French Customs Code

In addition to the other penalties provided for in this Code, the following shall be confiscated 1° goods that have been or had to be substituted in the cases provided for in articles 411-2 a, 417-2 c and 423-2° ; 2° goods presented for departure in the case provided for by article 424-1°above ; 3° means of transport when the driver refuses to obey the injunctions referred to in article…

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Article 431 of the French Customs Code

In addition to the fine incurred for refusal to disclose under the conditions set out in articles 65 and 65d, offenders must be ordered to produce the books, documents or records that have not been disclosed, subject to a penalty of at least €150 for each day of delay. This penalty begins to run from the day on which the parties sign or are notified of the official report drawn…

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Article 432 of the French Customs Code

1 In addition to the penalties provided for in this Code, anyone found guilty of having participated as an interested party in any way whatsoever in a smuggling offence or an offence of importing or exporting without declaration shall be disqualified from standing for election to the stock exchange, exercising the functions of stockbroker or broker, and from being a voter or elected to chambers of commerce, courts of commerce…

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Article 432 bis of the French Customs Code

Natural persons guilty of the offences provided for in articles 414, 414-2 and 459 are liable to the following additional penalties: 1° Prohibition, in accordance with the provisions ofarticle 131-27 of the Criminal Code, from exercising a commercial or industrial profession, from directing, administering, managing or controlling in any capacity whatsoever, directly or indirectly, on their own behalf or on behalf of another, a commercial or industrial business or a…

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Article 432 ter of the French Customs Code

Any foreigner guilty of the offence referred to in article 414 of this Code involving manufactured tobacco products or narcotics may be banned from French territory for up to ten years, under the conditions set out in articles 131-30 to 131-30-2 of the Criminal Code.

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Article 433 of the French Customs Code

1. Any person found by a court of law to have abused a suspensive procedure may, by decision of the Director General of Customs and Excise, be excluded from the temporary admission procedure and be deprived of the option of transit and warehousing as well as of any duty credit. 2. Any person who lends his name in order to evade the effects of these provisions on those affected will…

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Article 433 bis of the French Customs Code

For the offence provided for in Article 459(1a), the court shall order that the sentence be displayed and disseminated under the conditions provided for in Articles 131-35 or 131-39 of the Criminal Code. However, the court may, in a specially reasoned decision, decide not to order that the sentence be displayed and disseminated, taking into account the circumstances of the offence and the personality of the offender.

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Article 434 of the French Customs Code

1. In the case of the offences referred to in articles 424-2°and 427-1°, confiscation may only be ordered in respect of the objects of fraud. However, the goods concealing the fraud and the means of transport used to unload and remove the fraudulent items shall be confiscated if it is established that the owner of these means of transport is an accomplice of the fraudsters. 2. In the event of…

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Article 435 of the French Customs Code

Where it has not been possible to seize the items liable to confiscation or where, having been seized, the customs authorities so request, the court shall, in lieu of confiscation, order the payment of a sum equal to the value represented by the said items and calculated on the basis of the domestic market price at the time when the fraud was committed.

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Article 436 of the French Customs Code

When it is not possible to determine the amount of duties and taxes actually due or the actual value of the disputed goods, in particular in cases of infringement of articles 411-2 a, 417-2 c, 421-3°, 423-2° and 426-1°, penalties are assessed on the basis of the highest tariff applicable to the most heavily taxed category of goods of the same type and according to the average value indicated by…

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