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Section 3: Extinction of prosecutorial and punitive rights

Article 350 of the French Customs Code

The customs administration is authorised to settle with persons prosecuted for customs offences or for infringement of the laws and regulations relating to financial relations with foreign countries, subject to the application of the following provisions: a) when no legal action has been taken, transactions exceeding the limits of competence of the external services of the customs administration must be submitted for an opinion to the tax, customs and foreign…

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Article 351 of the French Customs Code

Action by the customs authorities in respect of customs offences is time-barred in the same way and under the same conditions as public action in respect of ordinary offences. In the case of contraventions, the customs administration’s action is time-barred after three years, under the same conditions.

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Article 352 of the French Customs Code

1. Claims for the refund of duties and taxes levied by the customs administration, claims for the payment of rents and claims for the return of goods, with the exception of claims made pursuant to Articles 236 to 239 of the Community Customs Code, shall be submitted to the administration within the time limits and under the conditions laid down by decree of the Conseil d’Etat. The competent administrative authority…

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Article 352 ter of the French Customs Code

When the invalidity of a text on which the collection of a tax recovered by the agents of the Directorate General of Customs and Excise is based has been revealed by a court decision, the action for refund referred to in Article 352 may only relate, without prejudice to the provisions of Article 352a, to the period after 1 January of the second year preceding that in which the decision…

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Article 352 quater of the French Customs Code

An action for damages based on the non-conformity of the rule of law that has been applied with a higher rule of law or a claim for damages resulting from a fault committed in the determination of the tax base, the control and the collection of the tax can only relate to a period after 1st January of the second year preceding the year during which the existence of the…

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Article 353 of the French Customs Code

The administration is discharged vis-à-vis the debtors, three years after each expired year, from the custody of the registers of receipts and other documents of the said year, without being obliged to represent them, if there were still instances subsisting for the instructions and judgements of which the said registers and documents were necessary.

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Article 354 of the French Customs Code

Subject to article 354 bis, the administration’s right of recovery is exercised within a period of three years from the chargeable event. The limitation period is interrupted by the notification of a customs report.

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Article 354 bis of the French Customs Code

The right of recovery provided for in Article 103(1) of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 establishing the Customs Code of the Union, applicable to the customs debt defined in Articles 5(18), (20) and (21) of that Regulation, shall be extended to five years in the cases provided for in Article 103(2) of that Regulation. In addition to the cases…

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Article 354 ter of the French Customs Code

Even if the periods provided for in articles 354 and 354a have elapsed, omissions or deficiencies in taxation constituting offences whose purpose or result is the non-recovery of duties or taxes, revealed by legal proceedings or by proceedings before the administrative courts, may be remedied by the customs administration up to the end of the year following the year of the decision that closed the proceedings and, at the latest,…

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