A customs seizure can disrupt a supply chain in minutes: goods are detained, immobilised at the border, sealed, or even confiscated. The question that immediately follows is always the same for businesses: how do you obtain release (return) of the goods or funds, and how long does it take?
Regere Avocats regularly assists companies with customs seizures and release requests, in France and in cross-border matters, whether the seizure concerns goods, vehicles, cash, or commercial documentation. The firm can step in from the very first hours, when the outcome is often decided: legal characterisation, supporting evidence, strategy, and exchanges with Customs.
What exactly is a “customs seizure”?
Several situations are often confused, although the legal consequences are not the same.
- Detention / immobilisation
Customs temporarily blocks the goods to carry out checks (documents, origin, tariff classification, customs value, compliance, restrictions). The purpose is to decide quickly: release, regularisation, or formal proceedings. - Seizure
Customs considers that a customs offence exists (or that there is a sufficiently substantiated suspicion) and places the goods under seizure. This opens a contentious file: report, interviews/hearings, adversarial exchanges, potential settlement, and sometimes court proceedings. - Confiscation
This is the permanent loss of the goods, ordered either through a settlement framework or by a court, depending on the case. After confiscation, recovery becomes significantly more complex and depends on the route chosen and how early you act.
Release does not follow the same rules at the detention stage as it does after a seizure or confiscation.
Why does Customs seize goods?
For companies, the most frequent triggers are operational and documentary:
- documentary inconsistencies (invoice, packing list, bill of lading, certificates, licences/authorisations);
- doubts about origin (preferential origin, marking, traceability);
- disputed tariff classification (impact on duties, restrictions, control measures);
- undervaluation issues (duties/VAT base);
- non-compliance with product regulations (standards, labelling/marking, controlled goods);
- suspected counterfeiting or infringement of intellectual property rights;
- non-compliance with a customs procedure (transit, warehousing, inward processing, temporary admission);
- undeclared cash or means of payment (depending on the case, detention/seizure and parallel proceedings).
Release / return: what options exist?
Obtaining release depends on three factors: the type of goods, the legal basis for the measure, and the quality of the supporting documentation you can provide immediately.
In practice, the most common routes are:
- Rapid release after verification
This is possible when the issue is primarily missing documents or inconsistencies. The key is a structured response: complete documentation, clear explanations, traceability, and correction where necessary (regularisation). - Release after regularisation
When Customs accepts a correction (classification, value, origin, procedure), release may follow after payment of additional duties/taxes, provision of a guarantee, and/or compliance measures. - Customs settlement (transaction)
In certain files, a settlement can resolve the matter (fine and conditions for release, sometimes partial forfeiture). This is a legal negotiation: it depends on the alleged offence and the strength of the evidence. - Challenge and litigation
When the seizure is unfounded or disproportionate, the strategy is to challenge the measure, produce evidence, and prepare a robust defence. The objective may be release, annulment of the proceedings, or a substantial reduction in financial exposure.
Timing: what is realistic?
There is no single “standard” timeframe. Release can be obtained within a few days if the file is clear and the documents are available. Conversely, a seizure involving an alleged offence may take several weeks or months, particularly when expert assessments, laboratory tests, or formal contentious procedures are involved.
The decisive window is often the first 48–72 hours: this is when you secure evidence, avoid damaging statements, and choose the most effective route (regularisation, settlement, or challenge).
Mistakes that make release harder
Even when the company acts in good faith, certain mistakes can be costly:
- responding informally without a structured file (scattered documents, contradictions);
- accepting an unfavourable legal characterisation too quickly (counterfeiting, misdeclaration, origin fraud) without assessing the consequences;
- producing incomplete or non-opposable evidence (origin proofs, supplier statements, contractual documents);
- negotiating directly without mastering the legal framework (poorly calibrated settlement, excessive guarantees);
- missing deadlines to challenge decisions or to produce requested documents.
What documents should you prepare for a release request?
Without pretending there is a single checklist (each case is different), a release file is often built around:
- commercial documents: invoices, purchase orders, contracts, proof of payment;
- transport/logistics documents: BL/AWB/CMR, tracking, proof of delivery;
- customs documentation: declarations, MRN references, EORI, procedure used, authorisations;
- technical evidence: product datasheets, composition, photos, manuals, manufacturer references;
- origin and traceability: certificates, supplier declarations, supply chain documentation;
- title/ownership and purpose: proof of ownership, leasing documents, mandates, status as importer/exporter.
The more coherent the file, the more credible a rapid release becomes.
Why involve a customs law firm?
A seizure is both legal and operational. You need “law” and “ground truth”: procedure, burden of proof, legal characterisation, and also real-life logistics and documentation.
Regere Avocats, a law firm dedicated to customs law, assists companies to:
- assess immediately the legal basis of the detention/seizure and secure the first exchanges;
- prepare a release request and supporting evidence;
- organise a defensible regularisation (classification, value, origin, procedure);
- negotiate a settlement when it is the best exit route;
- defend the company in litigation and limit operational and financial impact.
If you are facing a customs seizure and need rapid release, Regere Avocats can assist as soon as the detention/seizure is notified, structure your response, protect your position, and pursue release on the best achievable timeline.