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Article 67 bis-1 of the French Customs Code

Without prejudice to the provisions of Article 67a, and for the sole purpose of establishing the offences mentioned in Articles 414, 414-2 and 459, identifying the perpetrators and accomplices as well as those who have participated as interested parties within the meaning of Article 399 and carrying out the seizures provided for in this Code, customs officers authorised by the Minister responsible for customs under the conditions laid down by…

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Article 67 bis-2 of the French Customs Code

If the needs of a customs investigation relating to the detection and investigation of a customs offence punishable by a prison sentence of three years or more so require, any technical means designed to locate a person, a vehicle or any other object in real time throughout national territory, without the person’s knowledge and without the consent of its owner or possessor, may be installed or prescribed by customs officers…

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Article 67 bis-3 of the French Customs Code

Where there are one or more plausible grounds for suspecting persons of having committed a customs offence punishable by two years’ imprisonment or more, or of having participated as accomplices or interested parties in fraud within the meaning of Article 399, in the context of a surveillance operation, and where the needs of the investigation so require, customs officers authorised by the Minister responsible for customs under conditions set by…

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Article 67 bis-4 of the French Customs Code

As part of an operation to monitor the routing or transport of objects, goods or products derived from the commission of a customs offence or used to commit a customs offence, where the prison sentence incurred is equal to or greater than two years, and where the needs of the investigation so require, customs officers authorised by the Minister responsible for customs under conditions laid down by decree may, throughout…

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Article 67 bis-5 of the French Customs Code

If the needs of the customs investigation relating to the investigation and detection of customs offences as provided for in the last paragraph ofArticle 414, the third paragraph ofArticle 414-2 andArticle 415 so require, customs officers specially trained and authorised by the Minister responsible for customs, under conditions laid down by decree, may use a technical device to capture, fix, transmit and record, without the consent of the persons concerned,…

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Article 67 ter A of the French Customs Code

I. – 1. With the prior agreement of the Minister for Justice and the consent of the other Member State(s) concerned, the public prosecutor may authorise, for the purposes of a customs procedure, the creation of a special joint investigation team : – either when complex investigations involving the mobilisation of significant resources and involving other Member States need to be carried out ; – or where several Member States…

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Article 67 ter B of the French Customs Code

On the occasion of the controls provided for in this Chapter, where there are indications that cash, within the meaning of Article 2(1)(a) of Regulation (EU) 2018/1672 of the European Parliament and of the Council of 23 October 2018 on controls of cash entering or leaving the Union and repealing Regulation (EC) No 1889/2005, which is circulating within the customs territory, within the meaning of Article 1 of this Code,…

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Article 67 ter C of the French Customs Code

The temporary detention order referred to in article 67 ter B may be appealed by the person to whom it is notified and, in the case of a different person, by the owner of the cash, before the president of the investigating chamber of the court of appeal for the location of the customs department responsible for the procedure. The decision to temporarily detain the cash must specify the appeal…

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Article 67 ter D of the French Customs Code

At the latest at the end of the temporary detention and any renewal thereof, the cash is returned to the person referred to in article 67 ter B, unless it has been seized by customs officers under the conditions provided for in article 323 of this Code or in III of article L. 152-4 of the Monetary and Financial Code.

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Article 67 ter of the French Customs Code

In the course of controls falling within their remit, customs officers, once they have consulted the processing of personal data relating to individuals, objects or vehicles for which an alert has been issued, governed by article 31 of law no. 78-17 of 6 January 1978 relating to information technology, files and freedoms, may, for the purposes of providing a judicial police officer with information, provisionally detain persons for whom an…

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