The German Bundestag has received numerous written submissions on the government’s draft Act to Promote Greater Fairness by Strengthening the Customs Administration and Combating Financial Crime (Customs Financial Fairness Act) and incorporated them into its further deliberations. The Finance Committee has scheduled a public consultation for 2 November 2026. The first reading in plenary took place on 9 October 2026.
According to the materials available, the draft aims to reorganise the customs administration, expand powers to investigate and secure assets of unclear origin, and strengthen measures to combat money laundering. The Federal Ministry of Finance describes the proposal as implementing key elements of the action plans against organised crime and tax and financial crime. Among other things, it provides for administrative confiscation of assets, enabling Customs to secure significant assets temporarily.
Several professional bodies and business organisations are calling for changes. The German Federal Bar, with German Federal Chamber of Tax Advisers and the German Bar Association are particularly critical of interference with professional confidentiality, unclear procedural safeguards and the absence of time limits on seizures. They have submitted formal objections and detailed proposals to clarify the rule-of-law safeguards. The The positions now put forward are initially demands or proposals from individual states, not measures that have already been approved. has adopted its own submission; the federal government has sent its response to it.
At the Finance Committee’s public hearing, experts from public administration, the judiciary, academia, business associations and civil society organisations are to comment on the proposed provisions. The main issues are the design of administrative confiscation of assets, transparency and cooperation obligations, and questions surrounding the reorganisation of Customs.
The submissions received leave open, in particular, whether certain powers of interference are compatible with fundamental rights, how they are to be distinguished from criminal-procedure measures, and whether the customs administration can practically implement its new powers. Parliamentary and ministerial representatives stress that the reform should combine effective action against financial crime with rule-of-law oversight. Critics are calling for narrower statutory criteria, clear time limits and stronger judicial scrutiny.
The next steps in the legislative process are committee deliberations based on the submissions received and preparation of possible amendments for subsequent readings. The Bundestag will decide on specific changes after the hearings and internal deliberations have concluded.
Editor: Phillipe Schmidt-Araguin (Article created with AI assistance).