Audition à l'Assemblée nationale : Le DG des Douanes détaille le calcul des droits compromis sur les exonérations
The control of customs exemptions does not end with the prior verification of documents or computerized monitoring. When a company diverts exempted goods from their original destination, the administration initiates rigorous enforcement procedures. During a hearing before the Parliamentary Commission of Inquiry, the Director General of Customs, Malick Mbaye, outlined the legal mechanisms provided for in the Customs Code to identify offenses and recover evaded duties.
The process begins with the establishment of the facts, documented in an official report in cases of flagrant offenses or following a thorough investigation. Once the infraction is substantiated, the party involved is invited to submit its observations. If the violations are acknowledged, Article 330 of the Customs Code offers the possibility of a customs settlement, allowing the dispute to be resolved subject to a financial agreement validated by the Director General of Customs or the Minister of Public Security and Finance, depending on the required thresholds.
A one billion euro exemption could lead to 300 million euros in lost revenue.
To shed light on the financial impact of tax benefit misappropriation for the members of parliament, Malick Mbaye presented a textbook case. For goods worth one billion CFA francs imported tax-free, fraudulent use for unauthorized commercial purposes results in the immediate forfeiture of the granted benefit.
In this scenario, the administration demands payment of the duties and taxes due, which could amount to approximately 300 million CFA francs. In addition to these principal duties, which are considered to be evaded or misappropriated, financial penalties and fines proportional to the severity of the fraud committed are systematically added.
Digital traceability, a shield against customs fraud
Beyond sanctions, the Director General of Customs emphasized the preventative aspect offered by digitalization. Thanks to the GRET and GAIN IT modules, each exemption certificate is subject to automated tracking, from customs clearance to the final discharge of granted quotas.
This electronic traceability, combined with unannounced on-site checks and the work of specialized teams, strengthens the administration's ability to detect anomalies. For the Parliamentary Commission of Inquiry, the challenge now lies in cross-referencing these control mechanisms with the complete register of exemptions granted between 2014 and 2026, in order to identify any shortcomings and assess the amounts to be recovered for the Public Treasury.
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