- Compliance
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upon customs declaration of the goods
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1 open days
Theoretical penalty(s) of non-compliance subject to the judge's discretion and, where applicable, to certain conditions
- 3* Value of imported/exported goods FineFine of up to 2 times (or 3 times for dual-use items) the value of the object of irregularity or fraud, any act of import or export without declaration or any act of smuggling
- 60 month of detentionYears imprisonment for undeclared import or export or smuggling (customs offences)
- 1 SeizureConfiscation of the object of fraud, confiscation of means of transport, confiscation of objects used to conceal the fraud, confiscation of goods and assets which are the direct or indirect product of the offence
Classification in export control lists
Scope of application
Non-EU exporters of strategic products (hardware, software and technology). More specifically, are concerned the goods :
- in the list of dual-use items in Annex 1 of Regulation 821/2021 of the European Parliament and of the Council of 30 May 2021;
- in the lists of goods subject to restrictive export measures, published in the European regulations summarised and consolidated on the internet site of the Treasury Directorate-General
- in the Commerce Control List of the Export Administration Regulation (EAR), published by the US administration in Chapter VII of the Electronic Code of Federal Registrations (eCFR).
Description
For security reasons, dual-use goods are subject to "prohibitions" and are therefore either prohibited from export, transit or trade, or subject to authorisation.
These constraints are, in fact, not only French, in accordance with European Union regulations on dual-use goods (and on goods subject to restrictions to certain destinations), but also American (for goods of US origin re-exported to other destinations) in accordance with the Export Administration Regulations (EAR) published in Chapter VII of the Electronic Code of Federal Registrations (eCFR), as the United States considers that its legislation applies throughout the world.
Dual-use items are subject to the provisions of the European Parliament and Council Regulation 2021/821 of 20 May 2021 which states in Article 2: "Dual-use items are those items, including software and technology, which can be used for both civilian and military purposes; they include all items which can be used both for non-explosive purposes and in any way for the manufacture of nuclear weapons or other nuclear explosive devices;"
The dual-use items (DU) listed in Annex 1 to Regulation 2021/821 are divided into ten categories (from 0 to 9) based on the lists of items established by five international bodies: the Wassenaar Arrangement (WA), the Nuclear Suppliers Group (NSG), the Australia Group (AG), the Missile Technology Control Regime (MTCR) and the Organisation for the Prohibition of Chemical Weapons (OPCW) The application of these regulations is the responsibility of the dual-use goods department (SBDU) created by order of 18 March 2010 (JORF of 20 March 2010), which is part of the Directorate-General for Enterprises (DGE, formerly DGCIS) at the Ministry of Industry. An interministerial commission on dual-use goods, created by decree on 18 March 2010, chaired by the Ministry of Foreign Affairs and whose secretariat is provided by the SBDU, is consulted in the event of difficulties in interpreting this European regulation.
Restrictive measures against Iran, North Korea, etc. are the subject of regulations adopted in application of United Nations Security Council resolutions and the European Union's Common Foreign and Security Policy, which totally prohibit imports and exports of the goods listed in the annexes, or allow derogations, in the form of licences, for proven civilian uses. The licensing and control procedures are the same as for dual-use items. All restrictive export measures are detailed and regularly updated on the website of the Treasury Department of the Ministry of Finance.
In the USA, strategic goods are covered by Chapter 774 of the Export Administration Regulation (EAR) in the Federal Register, which is entitled the Commerce Control List (CCL), and whose classification numbers, known as the Export Control Classification Number (ECCN), are coded on the same principle as that of the European dual-use list, i.e. Annex I to Regulation No. 2021/821, but containing articles and subparagraphs added specifically for reasons of US security.
These constraints are, in fact, not only French, in accordance with European Union regulations on dual-use goods (and on goods subject to restrictions to certain destinations), but also American (for goods of US origin re-exported to other destinations) in accordance with the Export Administration Regulations (EAR) published in Chapter VII of the Electronic Code of Federal Registrations (eCFR), as the United States considers that its legislation applies throughout the world.
Dual-use items are subject to the provisions of the European Parliament and Council Regulation 2021/821 of 20 May 2021 which states in Article 2: "Dual-use items are those items, including software and technology, which can be used for both civilian and military purposes; they include all items which can be used both for non-explosive purposes and in any way for the manufacture of nuclear weapons or other nuclear explosive devices;"
The dual-use items (DU) listed in Annex 1 to Regulation 2021/821 are divided into ten categories (from 0 to 9) based on the lists of items established by five international bodies: the Wassenaar Arrangement (WA), the Nuclear Suppliers Group (NSG), the Australia Group (AG), the Missile Technology Control Regime (MTCR) and the Organisation for the Prohibition of Chemical Weapons (OPCW) The application of these regulations is the responsibility of the dual-use goods department (SBDU) created by order of 18 March 2010 (JORF of 20 March 2010), which is part of the Directorate-General for Enterprises (DGE, formerly DGCIS) at the Ministry of Industry. An interministerial commission on dual-use goods, created by decree on 18 March 2010, chaired by the Ministry of Foreign Affairs and whose secretariat is provided by the SBDU, is consulted in the event of difficulties in interpreting this European regulation.
Restrictive measures against Iran, North Korea, etc. are the subject of regulations adopted in application of United Nations Security Council resolutions and the European Union's Common Foreign and Security Policy, which totally prohibit imports and exports of the goods listed in the annexes, or allow derogations, in the form of licences, for proven civilian uses. The licensing and control procedures are the same as for dual-use items. All restrictive export measures are detailed and regularly updated on the website of the Treasury Department of the Ministry of Finance.
In the USA, strategic goods are covered by Chapter 774 of the Export Administration Regulation (EAR) in the Federal Register, which is entitled the Commerce Control List (CCL), and whose classification numbers, known as the Export Control Classification Number (ECCN), are coded on the same principle as that of the European dual-use list, i.e. Annex I to Regulation No. 2021/821, but containing articles and subparagraphs added specifically for reasons of US security.
Authority
Direction générale des entreprises (DGE)
Direction Interrégionale des douanes d'île de France
Direction régionale des douanes et droits indirects (DRDDI)
Service des biens à double usage (SBDU)
President of The UberCloud, Chairman of the ISC Cloud Conference Series
Directorate-General of Customs and Indirect Taxes
Responsible(s)
Exportateur de marchandises
