A customs seizure is an administrative or judicial measure by which the customs authorities detain goods on the basis of a suspected offence. This situation may affect importers and exporters, carriers, and private individuals alike. When a customs inspection results in a seizure, it is essential to adopt the right reflexes to protect your rights.
What is a customs seizure?
A customs seizure occurs when a customs officer identifies a possible breach of customs rules: missing or irregular declarations, non-compliance with prohibitions or restrictions, prohibited goods, incorrect values, etc. The detention may relate to the goods themselves, but also to documents or sums of money.
The purpose of this measure is to secure the recovery of duties and taxes that may have been evaded, and to prepare for potential criminal or tax proceedings. It is governed by the French Customs Code and, in certain cases, requires judicial authorisation.
What should you do immediately after a customs seizure?
In the event of an inspection and seizure, it is essential to act quickly:
- Request a seizure report (procès-verbal): the administration must draw up an official report stating the reasons for the measure, the nature of the goods, their estimated value, and the applicable legal provisions.
- Identify the legal grounds: it is crucial to verify the legal basis on which the seizure is founded. Any error or abuse may support a challenge.
- Do not sign lightly: certain documents presented for signature may have significant legal consequences (acknowledgement of an offence, waiver of remedies, etc.). It is therefore advisable not to sign immediately.
- Contact a lawyer specialised in customs law: professional assistance is strongly recommended to understand the implications of the procedure, analyse the case file, and decide on the next steps.
Can you challenge a customs seizure?
Yes. Several avenues are available, depending on the context:
- Informal administrative appeal (gracious) or hierarchical appeal: to be submitted to the customs administration to challenge the reasons for the seizure.
- Emergency proceedings before the Judge for Liberties and Detention (JLD): where there is an infringement of a fundamental freedom, for example in the event of document retention or an unjustified search.
- Proceedings before the Judicial Court or the competent administrative court: depending on whether the matter falls under criminal law, customs litigation, or tax law.
The time limits to act can be very short (sometimes 10 working days), particularly in cases of detention for suspected counterfeiting or protective measures.
Why consult a customs lawyer?
Customs law is complex, at the intersection of tax law, criminal law, and international law. An experienced customs lawyer can:
- Assess whether the seizure procedure is lawful,
- Identify potential procedural or substantive defects,
- Develop an appropriate defence strategy,
- Intervene rapidly to seek release of the goods or negotiate a resolution.
Regere Avocats, founded by Regina Lopez Ramirez, has assisted companies and individuals for many years in matters involving customs inspections and procedures. We act throughout France to defend your interests and restore your rights.
Are you affected by a customs seizure? Contact us
If you are currently facing a customs seizure or anticipate a risk of inspection, contact our firm without delay. A prompt, informed response framed by legal counsel often helps limit the consequences of such a procedure.