French Customs Code
In forceWithout 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 decree may, throughout national territory, with the authorisation of the public prosecutor and without being criminally liable for these acts:
1° Acquire goods infringing the offences referred to in the first paragraph of this article, including species of wild fauna and flora listed in the annexes to Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein, as well as the products and parts of these specimens ;
2° With a view to acquiring the goods referred to in 1° of this article, make legal or financial means available to persons committing these offences, as well as means of transport, storage, accommodation, conservation and telecommunications;
3° Where the offence is committed using an electronic means of communication, use an assumed identity to acquire the goods referred to in 1° of this article. Within this framework, authorised customs officers may also:
a) Participate under a pseudonym in electronic exchanges ;
b) Use the means referred to in a) to contact persons likely to be the perpetrators of these offences;
c) By this means, extract, acquire or retain evidence and data on persons likely to be the perpetrators of these offences and on the bank accounts used;
d) Extracting, transmitting in response to an express request, acquiring or storing illegal content, under conditions set by decree.
The exemption from liability provided for in the first paragraph of this article also applies, for acts committed for the sole purpose of carrying out the operation to acquire the goods mentioned in 1° of this article, to persons required by customs officers to enable this operation to be carried out.
On pain of nullity, the authorisation of the Public Prosecutor, which may be given by any means, shall be mentioned or placed in the case file and the acts authorised may not constitute incitement to commit an offence.
Revealing the assumed identity of the customs officers who carried out the acquisition is punishable by the penalties provided for in V of article 67 bis of this Code.
