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Title XIV: Litigation concerning foreign financial relations

Article 451 bis of the French Customs Code

For the purposes of this Code, all financial transactions carried out in France by or on behalf of natural and legal persons covered by Community regulations adopted pursuant to Article 215 of the Treaty on the Functioning of the European Union or by duly approved and ratified international treaties and agreements are deemed to be foreign financial relations.

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Article 453 of the French Customs Code

The following officers are authorised to record breaches of the laws and regulations governing financial relations with foreign countries: 1° customs officers ; 2° other finance administration officers with at least the rank of controller ; 3° the judicial police officers and customs officers mentioned in article 28-1 of the Code of Criminal Procedure. Reports drawn up by the judicial police officers and customs agents referred to in article 28-1…

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Article 455 of the French Customs Code

The various rights of communication provided for the tax authorities may be exercised to monitor the application of legislation and regulations governing financial relations with foreign countries. The same rights apply to civil servants of at least the rank of controller, who are specially appointed by the Minister of the Economy and Finance to ensure, through inspections of taxpayers, that the laws and regulations governing financial relations with foreign countries…

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Article 456 of the French Customs Code

All persons called upon in the course of their duties or responsibilities to intervene in the application of the laws and regulations governing financial relations with foreign countries are bound by professional secrecy and liable to the penalties provided for in Articles 226-13 and 226-14 of the French Criminal Code. However, when legal proceedings have been initiated on the basis of a complaint by the Minister for the Economy and…

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Article 458 of the French Customs Code

Infringements of the laws and regulations governing financial relations with foreign countries may only be prosecuted on the basis of a complaint by the Minister for the Economy and Finance or one of his authorised representatives.

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Article 459 of the French Customs Code

1. Any person who contravenes or attempts to contravene the laws and regulations governing financial relations with foreign countries, either by failing to comply with reporting or repatriation obligations, or by failing to observe the prescribed procedures or formalities required, or by failing to obtain the required authorisations or by failing to comply with the conditions attached to such authorisations, shall be liable to imprisonment for a term of five…

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