Customs Investigation Service Act

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Basic data
Title: Law on the Customs Criminal Police Office and Customs Investigation Offices
Short title: Customs Investigation Service Act
Abbreviation: ZFdG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Customs administration
References : 602-2
Issued on: August 16, 2002
( BGBl. 2002 I p. 3202 )
Entry into force on: August 24, 2002
Last change by: Art. 15 G of August 17, 2017
( BGBl. 2017 I p. 3202 )
Effective date of the
last change: 		18th August 2017
GESTA : D120
Weblink: Text of the ZFdG
Please note the note on the applicable legal version.

The Customs Investigation Service Act ( ZFdG ) regulates the organization of the Customs Investigation Service within the Federal Customs Administration , the tasks and powers of the Customs Criminal Police Office and the Customs Investigation Offices .

history

The law was passed in 2002. Sections 23a ff. ZFdG were changed significantly in 2007 in particular. ( Federal Law Gazette 2007 I p. 1037 ) The aim was to regulate the protection of the core area of ​​private life , the protection of those who are subject to professional secrecy and new powers to collect traffic data. Among other things, on June 20, 2013 the law was changed again. ( BGBl. 2013 I p. 1602 )

structure

The law has the following structure:

  • Chapter 1 Organization
  • Chapter 2 Customs Criminal Police Office
    • Section 1 Tasks of the Customs Criminal Police Office
    • Section 2 Powers of the Customs Criminal Police Office
    • Section 3 Preventive Telecommunications and Postal Surveillance
  • Chapter 3 Customs Investigation Offices
    • Section 1 Tasks of
    • Section 2 Powers of the Customs Investigation Office
  • Chapter 4 Common Provisions
  • Chapter 5 Penalty and Fine Regulations

Telecommunications surveillance (TKÜ)

§§ 23a ff. ZFdG authorize the ZKA preventively to monitor telecommunications for export controls and to prevent the proliferation of weapons of mass destruction . These powers were first introduced in 1992 as Sections 39 ff. Foreign Trade Act (AWG). After the Federal Constitutional Court declared these regulations to be non-compliant with Article 10 of the Basic Law , the regulations were incorporated into the ZFdG, which has since been adopted.

The monitoring authorization is rarely used in practice due to its narrow scope. From 1992 to 2007 orders were issued in only 51 cases. Surveillance events can only be the preparation of a criminal offense under the War Weapons Control Act . Orders require judicial approval . ( § 23b ZFdG)

The committee according to § 23c paragraph 8 Customs Investigation Service Act exercises parliamentary control over the surveillance measures according to the ZFdG. The one-time evaluation report according to Section 23c (8) sentence 2 ZFdG was published in 2008. In the overall assessment, according to the report, the ZKA made cautious use of its powers according to §§ 23a ff. ZFdG. Over a period of around three years, 10 surveillance measures were carried out, of which 45 natural and legal persons were affected. The obligation to notify resulting from Article 19 (4) of the Basic Law means that, in most cases, interference with their fundamental rights not perceived by those affected becomes visible to them through the notification. This can be understood as a deepening of the encroachment on fundamental rights and individually perceived as a burden.

In the period from 2005 to 2007, the penalty and fine regulations of the ZFdG did not apply.

At the request of the receiving authority or on its own initiative, the ZKA can forward personal data to the authorities responsible for the prevention or prosecution of criminal offenses, to the Federal Office for Economic Affairs and Export Control , the Federal Ministry for Economic Affairs and Energy , the federal intelligence services , the constitutional protection authorities of the federal states and Submit to foreign public bodies. ( § 23d ZFdG) The receiving authorities need their own legal authorization to receive and use the data.

Employees of private postal and telecommunications companies who are entrusted with the implementation of TKÜ measures must maintain secrecy according to Section 23e ZFdG. Violations are threatened with imprisonment for up to two years according to § 45 ZFdG.

The repealed § 23f ZFdG contained provisions on compensation for the implementation of TKÜ surveillance for private providers. These can be found today in § 41a ZFdG.

Section 23e ZFdG regulates the collection of traffic data.

See also

literature

Web links

Individual evidence

  1. ↑ a b c Wolf-Rüdiger Schenke , Kurt Graulich , Josef Ruthig : Federal Security Law - BPolG, BKAG, ATDG, BVerfSchG, BNDG, VereinsG . 2nd Edition. CH Beck, Munich 2019, ISBN 978-3-406-71602-7 , pp. 895-920 .
  2. ↑ a b Report in accordance with Section 23c, Paragraph 8, Clause 2 of the Customs Investigation Service Act. Printed matter 16/9682. In: http://dipbt.bundestag.de/ . German Bundestag, June 19, 2008, accessed on January 7, 2019 .