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Measures of the
People's Republic of China for the Customs' Supervision
over Inward and Outward Express Consignments
Order of the
Customs General Administration of the People's Republic of China
No. 104
November 18th, 2003
Chapter I General Provisions
Article 1 With
a view to strengthening the customs'' supervision
over inward and outward express consignments, and facilitating the
clearance of inward and outward express consignments, the present
Measures are formulated according to the Customs Law of the
People's Republic of China and other relevant laws and
administrative regulations.
Article 2 The
term "inward and outward express consignments" as
mentioned in the present Measures means the inward and outward goods
and articles undertaken or carried by inward and outward express
consignment operators by means of rapid commercial operations which
they promise to their clients.
Article 3 The
term "an inward and outward express consignment
operator" (hereinafter referred to as the operator) as mentioned in
the present Measures means an international freight agency
enterprise lawfully registered inside the territory of the People's
Republic of China as well as registered and recorded in the customs
to engage in the operation of inward and outward express
consignments.
Article 4 Any operator may not undertake or carry any of the
articles listed in the "Form of the People''s Republic of China on
the Articles Prohibited from Entering or Exiting the Territory", nor
shall it discretionally deal with any of such articles it has found,
but shall immediately notify the customs and assist the customs in
dealing with the article instead.
Without approval of the postal institution of the People''s Republic
of China, any operator may not undertake or carry any private
letter.
Article 5 Any operator may not lease, lend or transfer by any means
the right to customs declaration for its inward and outward express
consignments, nor may it make customs declaration on behalf of any
person other than itself for any goods or articles which are not to
be undertaken or carried by itself.
Article 6 Without permission of the customs, the inward or outward
express consignments for which the customs formalities have not been
completed shall not be moved out of the surveillance place of the
customs, neither shall they be loaded, unloaded, opened, re-packed,
marked with a sign different from the original one, drawn,
dispatched, or delivered for transport.
Chapter II Registration of Operators
Article 7 Where an operator files an application for making customs
declarations on behalf of any person other than itself for inward
and outward express consignments, it shall make registration in the
local customs according to the administrative provisions of the
customs on registration of international freight agency enterprises.
Article 8 An operator who makes registration in the local customs
shall meet the following conditions:
(1) It has obtained the international freight agency enterprise
approval certificate issued by the State competent authority of
foreign trade and economic cooperation or an authorized department
of the aforesaid authority, and has been approved to run the
business of inward and outward express consignments;
(2) The Chinese party in a Chinese-foreign joint venture or
cooperative operation enterprise shall have engaged in international
freight agency for at least one year; while the foreign party shall
have engaged in international freight agency for at least three
years and in international express delivery for at least one year;
(3) A domestically funded enterprise shall have engaged in
international freight agency for at least one year;
(4) It has domestic and overseas inward and outward express
consignment transport network, as well as two or more overseas
branches or agents;
(5) It has special marks and transport documents for its inward and
outward express consignments, and its transport vehicles shall be in
conformity with the requirements for the customs'' supervision, and
be subject to the approval of the customs for record;
(6) It meets the conditions for customs declaration by means of
Electronic Data Interchange.
(7) The external packing of the express consignments shall be marked
with a bar code in conformity with the requirements for the
customs'' automatic inspection; and
(8) It has concluded a cooperative transport contract or agreement
with an overseas cooperator (or a branch established abroad by a
domestic enterprise legal person).
Article 9 Where an operator of inward and outward express
consignments is no longer able to meet any of the conditions listed
in Article 8 of the present Measures or has not engaged in the
operation of inward and outward express consignments within one
year, the customs shall nullify the operator''s qualification for
customs declaration for inward and outward express consignments.
Chapter III Classification of Inward and Outward Express
Consignments
Article 10 Inward and outward express consignments shall, in the
present Measures, fall into three categories, that is, the
documental category, the individual articles category, and the goods
category.
Article 11 The term "inward and outward express consignments of the
documental category" means the documents, certificates, negotiable
instruments, and similar materials that are prescribed in laws or
regulations to be exempted from tax and are of no commercial value.
Article 12 The term "inward and outward express consignments of the
individual articles category" means the luggage and articles
transported separately from passengers, articles presented between
relatives or friends, and other individual articles, which are
prescribed in the regulations on customs, to enter or exit the
territory for self-use or within a reasonable scope of quantity.
Article 13 The term "inward and outward express consignments of the
goods category" means the express consignments other than those
prescribed in Articles 11 and 12.
Chapter IV Supervision of Inward and Outward Express Consignments
Article 14 The clearance of inward and outward express consignments
shall be conducted within the special surveillance place approved by
the customs; if it is necessary to be conducted outside the special
surveillance place because of a particular circumstance, it shall be
consented by the local customs in advance.
An operator shall have its special area, warehouse and equipment in
conformity with the customs'' supervision requirements within the
special surveillance place of the customs for inward and outward
express consignments.
The administrative measures on special surveillance places for
inward and outward express consignments shall be separately
formulated by the Customs General Administration.
Article 15 The clearance of inward and outward express consignments
shall be conducted during the normal working time of the customs; if
it is necessary to conduct beyond the normal working time of the
customs, it shall be consented by the local customs in advance.
Article 16 An operator shall, as required by the customs, make
customs declaration to the customs for inward and outward express
consignments with paper documents or by Electronic Data Interchange.
Article 17 Inward express consignments shall, within 14 days as of
the day when the means of transport was declared for entry, and
outward express consignments shall be declared to the customs 3
hours before the means of transport departs from the territory.
Article 18 An operator shall transmit or submit a manifest or
checklist of the inward or outward express consignments to the
customs, and the customs shall, after confirming that there is no
error therein, accept the declaration; where the operator needs to
make customs declaration in advance, it shall notify the customs in
writing of the carriage or arrival of the inward and outward express
consignments in advance, and transmit or submit the manifest or
checklist to the customs, and the customs shall, after confirming
that there is no error therein, accept the advance declaration.
Article 19 When the customs is inspecting the inward or outward
express consignments, the operator shall send some one to be present
at the scene, and be responsible for the moving, opening and
re-packing of the inward and outward express consignments.
When the customs is opening any of the individual articles among the
inward or outward express consignments for inspection, the operator
shall notify the addressee of the inward express consignments or the
addresser of the outward express consignments to be present at the
scene; in case the addressee or addresser is unable to be at the
scene, the operator shall submit a power of attorney to the customs
to represent the addressee/addresser to perform the obligations, and
bear corresponding legal liabilities.
The customs may, when considering it necessary, directly open the
inward or outward express consignments for inspection, re-inspect
them or draw samples of goods.
Article 20 Unless otherwise prescribed, the operator shall, when
making customs declaration for inward or outward express
consignments, separately according to the provisions on
classification in Article 11 through 13 of the present Measures,
submit relevant customs declaration documents to the customs and
conduct corresponding formalities for customs declaration and duty
payment.
Article 21 The operator shall, when making customs declaration for
inward and outward express consignments of the documental category,
submit to the customs the "KJ1 Customs Declaration Form of the
Customs of the People''s Republic of China for Inward and Outward
Express Consignments" (see Annex 1), the general transport document
(counterpart), and other documents as required by the customs.
Article 22 The operator shall, when making customs declaration for
inward and outward express consignments of the individual articles
category, submit to the customs the "Individual Articles Declaration
Form of the Customs of the People''s Republic of China for Inward
and Outward Express Consignments" (see Annex 2), the specific
transport document of each inward or outward express consignment, a
photocopy of the identification certificate of the addressee of
inward express consignments or of the addresser of outward express
consignments, and other documents as required by the customs.
Article 23 The operator shall, when making customs declaration for
inward express consignments of the goods category, submit customs
declaration documents to the customs separately according to the
following circumstances:
With regard to the goods whose tariff amount is below the minimum
threshold of tariff as prescribed in the "Regulations of the
People''s Republic of China on Import and Export Tariff" as well as
the samples of goods or the advertisement articles exempted from
customs duty as prescribed by the customs, the "KJ2 Customs
Declaration Form of the Customs of the People''s Republic of China
for Inward and Outward Express Consignments" (see Annex 3), the
specific transport document of each inward express consignment, the
invoices, and other documents as required by the customs shall be
submitted.
With regard to the samples of goods or the advertisement articles on
which customs duties shall be levied (except for those prescribed by
laws or regulations to be subject to permit administration, and
those for which foreign exchanges need to be paid upon import), the
"KJ3 Customs Declaration Form of the Customs of the People''s
Republic of China for Inward and Outward Express Consignments" (see
Annex 4), the specific transport document of each inward express
consignment, the invoices, and other documents as required by the
customs shall be submitted.
Article 24 The clearance for the goods other than those prescribed
in Articles 21 through 23 shall be handled according to the
provisions of the customs on clearance of import goods.
Article 25 The operator shall, when making customs declaration for
outward express consignments of the goods category, submit the
customs declaration documents to the customs separately according to
the following circumstance:
With regard to the samples of goods or the advertisement articles
(except for those prescribed by laws or regulations to be subject to
permit administration, those for which export tariff shall be
levied, those for which foreign exchanges need to be collected upon
export, and those for which taxes need to be refunded for export),
the "KJ2 Customs Declaration Form of the Customs of the People''s
Republic of China for Inward and Outward Express Consignments", the
specific transport document of each outward express consignment, the
invoices, and other documents as required by the customs shall be
submitted.
The clearance for the goods other than those mentioned above shall
be handled according to the provisions of the customs on clearance
of export goods.
Chapter V Specially Delivered Inward and Outward Express
Consignments
Article 26 The term "specially delivered inward and outward express
consignments" means the express consignments carried by air by the
operator into or out of the territory in a way of special delivery
under escort.
Article 27 The operator who is engaged in the business of specially
delivered inward and outward express consignments shall, in addition
to making registration according to the relevant provisions in
Chapter II of the present Measures, register such particulars of the
specially delivered inward and outward express consignments as the
port of entry or exit, the time, route, schedule of the means of
transport, detailed information on the special deliverer himself,
the mark, etc. in the local customs. In the event of any
modification, the operator shall make registration in the local
customs 5 working days prior to such modification.
Where the aforesaid conditions are met, the local customs shall
issue the "Registration and Record Certificate of the Customs of the
People's Republic of China for Specially Delivered Inward and
Outward Express Consignments" (see Annex 5), upon strength of which
the operator shall make customs declaration for the specially
delivered inward and outward express consignments.
Article 28
Specially delivered inward and outward express
consignments shall be consigned as luggage articles, be specially
packed, and be indicated with the operator's name and the words of
"Specially Delivered Inward and Outward Express Consignments" on an
eye-catching position of the general packing.
Chapter VI
Legal Liabilities
Article 29 Any
one who violates the present Measures by committing
any smuggling act shall be punished by the customs pursuant to the
"Customs Law of the People''s Republic of China", the "Detailed
Rules for the Implementation of Administrative Penalties under the
Customs Law of the People's Republic of China", and other relevant
laws and administrative regulations; if a crime is constituted, the
offender shall be subject to criminal liabilities injure.
Chapter VII
Supplementary Provisions
Article 30 The
responsibility to interpret the present Measures
shall remain with the Customs General Administration.
Article 31 The
present Measures shall be implemented on January 1st,
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