The seizure of an artwork, antiquity, coin or collectible by French Customs is often the beginning rather than the end of the legal process. The next steps depend on the suspected offence, the status of the object and the investigative measures undertaken by the authorities.
The investigation may continue after the initial control
Customs officers may seek additional information about the object, its origin, acquisition, importation or intended export. They may examine documents and obtain specialist input concerning whether the object falls within the legal regime for cultural property.
In some cases, the investigation may involve interviews, customs detention or further investigative measures. The 2 April 2025 French Supreme Court case concerning ancient coins illustrates how an initial vehicle control can develop into a broader investigation.
The procedure must be reviewed as a whole
Several distinct questions can arise after a seizure: the legal basis for retaining the object, its classification as cultural property, the provenance evidence available, the legality of coercive measures and the offences ultimately alleged.
These questions should not be confused. A weakness in provenance documentation does not, by itself, answer every question concerning the legal classification of the object or the validity of the procedure.
Possible criminal proceedings
Depending on the case, a customs investigation may result in no further action, a customs resolution or proceedings before a French criminal court. Where proceedings continue, the defence may need to address both the substance of the alleged customs offence and procedural issues arising during the control and investigation.
For a foreign collector, dealer or company, early coordination with French counsel can also be important where documents, witnesses or acquisition history are located in another jurisdiction.
Preparing the response
The immediate priority is generally to preserve and organise the relevant documentation: invoices, acquisition records, export or import documents, collection inventories, correspondence, transport records and any other material capable of explaining the history and movement of the object. The relevance of each document will depend on the legal issues in the particular case.
About the author
An article written by Alexis Fournol, Attorney at Law and Partner at Fournol & Associés.
Alexis Fournol advises and represents French and international art market professionals and collectors in art market, cultural property, customs and criminal law matters.
How Fournol & Associés can assist
Fournol & Associés regularly advises and represents art market professionals, collectors and owners in French customs matters involving artworks, antiquities, coins and other collectibles. The Firm has handled, and is currently handling, several matters involving customs controls and seizures, provenance and origin documentation, customs investigations and related criminal proceedings.
Our practice combines experience of French customs and criminal proceedings with an in-depth knowledge of the art market and cultural property regulations. We may intervene from the first stages of a customs control or investigation through to proceedings before the French courts.
Foreign clients may instruct Fournol & Associés directly. The Firm works in English and regularly acts as French counsel alongside foreign lawyers and other professional advisers. Contact the Firm.
Related sector and expertise
- Art Market Customs Law for Art and Cultural Property · Art-Related Criminal Law · Import and Export of Works of Art
Frequently Asked Questions
Does a customs seizure automatically lead to a criminal trial?
No. The outcome depends on the facts, the suspected offence, the evidence gathered and the procedural decisions taken by the authorities.
Can provenance documents be produced after the initial control?
Documents identified after the control may be relevant, but their legal effect depends on the applicable rule and the circumstances. They should be reviewed before being relied upon.
Can Fournol & Associés act for a client based outside France?
Yes. The Firm acts for international clients in English and may represent them in French customs and criminal matters, including alongside their existing foreign counsel.
