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Germany’s Bundestag approves customs powers to seize suspected illicit assets, including crypto

Crypto Briefing
15 lis 2026, 11:56Crypto
Oryginał
2 min read

Germany's Bundestag has passed a law allowing customs authorities to freeze suspected illicit assets, including cryptocurrency, before criminal proceedings begin.

The Customs Financial Justice Act, formally known as Zollfinanzgerechtigkeitsgesetz, passed on November 12, 2026, grants German customs authorities unprecedented powers to temporarily freeze assets suspected of coming from illicit sources without first opening criminal proceedings. The law explicitly includes cryptocurrency within its scope, meaning large wallet balances with unclear origins may now attract the attention of customs officers.

Asset Thresholds

Two thresholds determine what qualifies for seizure. The general trigger applies to assets worth more than €100,000, while for registerable items like real estate and vehicles, the bar is set at €50,000. Customs can seize assets above €100,000 on reasonable suspicion of illicit origin without needing a conviction or indictment.

Crypto Coverage

The law specifically covers crypto assets as defined by the EU's MiCA regulation, the bloc's comprehensive rulebook for digital assets. This alignment means Germany's seizure powers apply to the same broad set of tokens recognized by EU regulators. While Bitcoin has been mentioned as potentially affected, the law doesn't single out particular tokens or companies, establishing a general framework for all digital assets.

Time Limits

Initial seizures are temporary, lasting up to 30 days without criminal proceedings. Finance courts can extend this hold by up to 150 days, making the maximum detention period 180 days with court approval. Permanent confiscation requires a separate court ruling.

Broader Context

The law is part of Germany's broader campaign against organized crime, money laundering, and financial misconduct, building on the Joint Action Plan against Organized Crime launched in February 2026. It supports the Financial Intelligence Unit and expands data-sharing between authorities. The measure received cross-party support from CDU/CSU, SPD, and AfD.

The German government projects the new powers could generate approximately €308 million in annual revenue by 2028 once enforcement is fully implemented across asset classes. The law is scheduled to take effect on January 1, 2027, pending approval from the Bundesrat.

Implications for Crypto Holders

For crypto holders in Germany, the law places increased importance on proving asset provenance. With reasonable suspicion, not proof of wrongdoing, sufficient for temporary seizure, maintaining clean documentation becomes crucial to avoid attracting customs attention. The law's reliance on MiCA's definition of crypto assets also positions it within the EU's shared regulatory framework, potentially making it a model for other member states.

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