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Customs Law of
China
Contents
Chapter
1 ............ General
Provisions Chapter 2
............ Inward and Outward Means of
Transport Chapter 3
............ Inward and Outward
Goods Chapter 4 ............
Inward and Outward Articles Chapter
5 ............ Customs
Duties Chapter 6 ............
Legal Responsibilities Chapter
7 ............ Supplementary
Provisions
Chapter 1 General
Provisions
Article 1. This law is
formulated for the purpose of safeguarding state
sovereignty and interests, strengthening
supervision and control by the Customs, promoting
exchanges with foreign countries in economic
affairs, trade, science, technology and culture,
and ensuring socialist modernization.
Article 2. The Customs of the
People's Republic of China shall be the state
organ responsible for supervision and control over
everything entering and leaving the customs
territory ( hereinafter referred to as inward and
outward persons and objects). The Customs shall,
in accordance with this Law and other related laws
and regulations, exercise supervision and control
over the means of transport, goods, travellers'
luggage, postal items and other articles entering
or leaving the territory (hereinafter referred to
as inward and outward means of transport, goods
and articles), collect customs duties and other
taxes and fees, uncover and suppress smuggling,
work out customs statistics and handle other
customs operations.
Article 3. The State Council
shall set up the General Customs Administration
which shall exercise unified administration of the
customs establishments throughout the country.
The state shall set up customs establishments
at ports open to foreign countries and regions and
at places which call for concentrated customs
operations of supervision and control. The
subordination of one customs establishment to
another shall not be restricted by administrative
divisions.
The customs establishments shall exercise their
functions and powers independently in accordance
with the law, and shall be responsible to the
General Customs Administration.
Article 4. A customs
establishment shall exercise the following
powers:
(1) to check inward and outward means of
transport and examine inward and outward goods and
articles; to detain those entering or leaving the
territory in violation of this Law or other
relevant laws and regulations;
(2) to examine the papers and identifications
of persons entering or leaving the territory; to
interrogate those suspected of violating this Law
or other relevant laws and regulations, and
investigate their illegal activities;
(3) to examine and make copies of contracts,
invoices, book accounts, bills, records,
documents, business letters and cables, audio and
video products and other materials related to the
inward and outward means of transport, goods and
articles; to detain those related to the means of
transport, goods and articles entering or leaving
the territory in violation of this Law or other
relevant laws and regulations;
(4) to search, within a customs surveillance
zone and the specified coastal or border area in
the vicinity of a customs establishment, means of
transport suspected of involvement in smuggling,
and storage places suspected of concealing
smuggled goods and articles, and to search persons
suspected of smuggling. Upon the approval of the
director of a customs establishment, a suspected
criminal smuggler may be detained and handed over
to a judicial organ. Such detention shall not
exceed 24 hours and, under special circumstances,
may be extended to 48 hours.
The scope of the specified coastal or border
area in the vicinity of a customs establishment
shall be defined by the General Customs
Administration and the public security department
under the State Council in conjunction with the
relevant provincial people's governments;
(5) Customs officers may chase means of
transport or persons defying and escaping from
customs supervision and control to places beyond a
customs surveillance zone or the specified coastal
or border area in the vicinity of a customs
establishment and bring them back to be properly
dealt with; and
(6) A customs establishment may be provided
with arms for the performance of its duties. Rules
governing the carrying and use of arms by customs
officers shall be drawn up by the General Customs
Administration jointly with the public security
department under the State Council and reported to
the State Council for approval.
Article 5. All inward and
outward means of transport, goods and articles
shall enter or leave the territory at a place
where there is a customs establishment. If, under
special circumstances, they have to enter or leave
the territory at a place without a customs
establishment as a matter of contingency,
permission shall be obtained from the State
Council or an organ authorized by the State
Council, and customs formalities shall be duly
completed in accordance with this Law.
Article 6. Unless otherwise
provided for, all import and export goods shall be
declared and duties on them paid by declaration
enterprises registered with the Customs, or by
enterprises entitled to engage in import and
export business. The persons of these enterprises
in charge of the declaration shall be evaluated
and approved by the Customs. The customs
formalities concerning declaration of inward and
outward articles and payment of duties on them may
be completed either by the owner or by a person
the owner has entrusted to act as his agent. The
agent entrusted to complete the declaration
formalities shall abide by all provisions of this
Law applicable to the owner.
Article 7. Customs personnel
shall abide by the laws and regulations, enforce
the law impartially, be devoted to their duties
and render services in a civilised manner.
No unit or individual may obstruct the Customs
from performing its duties according to law.
Where a customs officer meets with resistance
while carrying out his duties, the public security
organ and the People's Armed Police units
performing related tasks shall provide
assistance.
Chapter 2 Inward and Outward Means of
Transport
Article
8. When a means of transport arrives at
or departs from a place where there is a customs
establishment, the person in charge of the means
of transport shall make a truthful declaration to
the Customs, submit the relevant papers for
examination and accept customs control and
examination.
The inward and outward means of transport
staying at a place with a customs establishment
shall not depart from it without prior permission
by the Customs.
Before an inward or outward means of transport
moves from one place with a customs establishment
to another place with a customs establishment, it
shall comply with the control requirements of the
Customs and complete customs formalities; no means
of transport shall be allowed to change its course
and leave the territory unless it has cleared the
Customs.
Article 9. An inward means of
transport which has entered the territory but has
not made its declaration to the Customs or an
outward means of transport which has cleared the
Customs but has not left the territory shall move
along routes specified by competent communications
authorities; in the absence of such specification,
the routes shall be designated by the Customs.
Article 10. The Customs shall
be notified in advance, either by the person in
charge of a means of transport or by the relevant
transport and communications department, of such
details as when an inward or outward vessel, train
or aircraft will arrive and depart, where it will
stay, what places it will move to during its stay,
and when the loading or unloading of the goods and
articles will take place.
Article 11. The inward or
outward goods and articles being loaded on or
unloaded from a means of transport and the inward
and outward passengers boarding or getting off a
means of transport shall be subject to customs
control.
Upon the completion of such loading or
unloading, the person in charge of the means of
transport shall submit to the Customs documents
and records which reflect the actual situation of
the loading and unloading.
Those boarding or getting off an inward or
outward means of transport who carry articles with
them shall truthfully declare to the Customs and
shall be subject to customs examination.
Article 12. When an inward or
outward means of transport is being checked by the
Customs, the person in charge of the means of
transport shall be present and open the holds,
cabins, rooms or doors of the vehicles at the
request of the Customs; where smuggling is
suspected, such person shall also open or
dismantle the part of the means of transport which
may conceal smuggled goods and articles or remove
the goods and materials.
In accordance with work requirements, the
Customs may dispatch officers to perform duties on
board the means of transport. The person in charge
of the means of transport shall provide them with
conveniences.
Article 13. An inward means of
transport of countries or regions outside the
territory or an outward means of transport of
units or enterprises inside the territory shall
not be transferred or devoted to other uses prior
to the completion of customs formalities and
payment of customs duties.
Article 14. Where inward or
outward vessels and aircraft are concurrently
engaged in transportation of goods and passengers
within the territory, customs approval shall be
obtained and requirements for customs control
shall be fulfilled.
Customs formalities shall be completed with the
Customs for an inward or outward means of
transport to change to transport business within
the territory.
Article 15. Coastal transport
vessels, fishing boats and ships engaged in
special operations at sea may not carry, obtain on
an exchange basis, purchase or transfer inward and
outward goods and articles without customs
approval.
Article 16. When, owing to
force majeure, an inward or outward vessel or
aircraft is forced to berth, land or jettison and
discharge goods and articles at a place without a
customs establishment, the person in charge of the
means of transport shall report immediately to the
customs establishment nearby.
Chapter
3 Inward and Outward
Goods
Article 17. All import goods,
throughout the period from the time of arrival in
the territory to the time of customs clearance;
all export goods, throughout the period from the
time of declaration to the time of departure from
the territory; and all transit, transshipment and
through goods, throughout the period from the time
of arrival in the territory to the time of
departure from the territory, shall be subject to
customs control.
Article 18. The consignee for
import goods and the consignor for export goods
shall make an accurate declaration and submit the
import or export license and relevant papers to
the Customs for examination. In the absence of an
import or export license, goods whose importation
or exportation is restricted by the state shall
not be released. Specific measures for handling
such matters shall be enacted by the State
Council.
Declaration of import goods shall be made to
the Customs by the consignee within 14 days of the
declaration of the arrival of the means of
transport; declaration of export goods shall be
made by the consignor 24 hours prior to loading
unless otherwise specially approved by the
Customs.
Where the consignee fails to declare the import
goods within the time limit prescribed in the
preceding paragraph, a fee for delayed declaration
shall be imposed by the Customs.
Article 19. All import and
export goods shall be subject to customs
examination. While the examination is being
carried out, the consignee for the import goods or
the consignor for the export goods shall be
present and be responsible for moving the goods
and opening and restoring the package. The Customs
shall be entitled to examine or re-examine the
goods or take samples from them without the
presence of the consignee or the consignor
whenever it considers this necessary. Import and
export goods may be exempted from examination if
an application has been made by the consignee or
consignor and approved by the General Customs
Administration.
Article 20. Unless specially
approved by the Customs, import and export goods
shall be released upon customs endorsement only
after the payment of duties or the provision of a
guarantee.
Article 21. Where the
consignee fails to declare the import goods to the
Customs within three months of the declaration of
the arrival of the means of transport, the goods
shall be taken over and sold off by the Customs.
After the costs of transport, loading and
unloading and storage and the duties and taxes are
deducted from the money obtained from the sale,
the remaining sum, if any, shall be returned to
the consignee provided he submits an application
to the Customs within one year of the sale of the
goods; if nobody applies within the time limit,
the money shall be turned over to the State
Treasury.
Inward goods confirmed by the Customs to be
misdischarged or over-discharged may be returned
to the place of consignment or imported upon
completion of necessary formalities by the person
in charge of the means of transport carrying the
goods or the consignee or the consignor for the
goods within three months of the discharging. When
necessary, an extension of three months may be
granted through customs approval. If the
formalities are not completed within the time
limit, the goods shall be disposed of by the
Customs in accordance with the provisions laid
down in the preceding paragraph.
Where goods listed in the preceding two
paragraphs are not suitable for storage over a
long period, the Customs may, according to actual
circumstances, dispose of them before the time
limit is reached.
Import goods declared to be abandoned by the
consignee or the owner shall be taken over and
sold off by the Customs. The money thus obtained
shall be turned over to the State Treasury after
the costs of transport, loading, unloading and
storage are deducted.
Article 22. Goods that are
temporarily imported or exported with the approval
of the Customs shall be re-shipped out of or into
the territory within six months. An extension may
be granted in special circumstances through
customs approval.
Article 23. The operation of
the storage, processing and assembling and
consignment sales of bonded goods shall be
approved by and registered with the Customs.
Article 24. Customs
formalities for import goods shall be completed by
the consignee at the customs establishment at the
place where the goods enter the territory; those
for export goods shall be completed by the
consignor at the customs establishment where the
goods depart from the territory.
If applied for by the consignee or the
consignor and approved by the Customs, customs
formalities for import goods may be completed at
the place of destination where there is a customs
establishment, and those for export goods at the
place of consignment where there is a customs
establishment. The transport of such goods from
one place with a customs establishment to another
shall comply with the control requirements of the
Customs. When necessary, customs officers may
escort the goods in transportation.
Where goods enter or leave the territory by
electric cables, pipelines or other special means
of conveyance, the management units concerned
shall report at regular intervals to the
designated customs establishment and complete
customs formalities as required.
Article 25. All transit,
transshipment and through goods shall be
truthfully declared by the person in charge of the
means of transport to the customs establishment at
the place where the goods enter the territory, and
shall be shipped out of the territory within the
designated time limit.
The Customs may examine such goods whenever it
considers this necessary.
Article 26. Without customs
approval, no unit or individual may open, pick up,
deliver, forward, change, repack, mortgage or
transfer goods under customs control or change the
identification marks on such goods.
Seals affixed by the Customs may not be opened
or broken by any person without customs
authorization.
The managers of warehouses and places where
goods under customs control are kept shall
complete procedures for the receipt and delivery
of goods in accordance with customs
regulations.
The storage of goods under customs control at a
place outside a customs surveillance zone shall be
approved by the Customs and subject to customs
control.
Article 27. The General
Customs Administration shall draw up,
independently or jointly with the relevant
departments under the State Council, rules for
control over inward and outward containers; rules
for control over the salvage of inward and outward
goods and sunken ships; rules for control over
inward and outward goods involved in small volumes
of border transactions and other inward and
outward goods not specified in this Law.
Chapter 4 Inward and Outward
Articles
Article 28. Inward and outward
luggage carried by individuals and inward and
outward articles sent by post shall be limited to
reasonable quantities for personal use and shall
be subject to customs control.
Article 29. All inward and
outward articles shall be accurately declared to
the Customs by the owner and shall be subject to
customs examination.
Seals affixed by the Customs may not be opened
or broken by any person without authorization.
Article 30. The loading,
unloading, transshipment and transit of inward and
outward mail bags shall be subject to customs
control, and a covering waybill shall be submitted
to the Customs by the postal enterprise
concerned.
The postal enterprise shall inform the Customs
in advance of the schedule for the opening and
sealing of international mail bags. The Customs
shall promptly dispatch officers to supervise
checking and examination on the spot.
Article 31. Inward and outward
articles sent by post shall be posted or delivered
by managing units only after they have been
examined and released by the Customs.
Article 32. Articles
registered with and approved by the Customs for
temporarily entering or leaving the territory
duty-free, shall be taken out or brought into the
territory again by the owner.
Persons passing through the territory may not
leave in the territory, without customs approval,
the articles they carry with them.
Article 33. In accordance with
Article 21 of this Law, the Customs shall dispose
of inward and outward articles declared to be
abandoned by the owner; articles to which no one
makes a claim or for which customs formalities are
not completed within the time limit set by the
Customs; and inward postal items which can neither
be delivered nor be returned.
Article 34. Inward and outward
articles intended for official or personal use by
foreign missions or personnel enjoying diplomatic
privileges and immunities shall be dealt with in
accordance with the Regulations of the People 's
Republic of China on Diplomatic Privileges and
Immunities.
Chapter
5 Customs Duties
Article 35. Unless otherwise
provided for in this Law, customs duties shall be
levied according to the import and export tariff
on goods permitted to be imported or exported and
articles permitted to enter or leave the
territory. The tariff shall be made known to the
public.
Article 36. The consignee of
import goods, the consignor of export goods and
the owner of inward and outward articles shall be
the obligatory customs duty payer.
Article 37. The customs duty
payer of import or export goods shall pay the
amount levied within seven days following the date
of issuance of the duty memorandum. In case of
failure to meet this time limit, a fee for delayed
payment shall be imposed by the Customs. Where the
delay exceeds three months, the Customs may
instruct the guarantor to pay the duties or sell
off the goods to offset the duties. The Customs
may inform the bank to deduct the amount of duties
due from the deposits of the guarantor or the
obligatory customs duty payer when it considers
this necessary.
The payment of duties on inward or outward
articles shall be made, prior to their release, by
the obligatory customs duty payer.
Article 38. The duty-paying
value of an import item shall be its normal CIF
price, which shall be approved by the Customs; the
duty-paying value of an export item shall be its
normal FOB price, which shall be approved by the
Customs, minus the export duty. Where it is
impossible to ascertain the CIF or FOB price, the
duty-paying value of an import or export item
shall be fixed by the Customs.
The duty-paying value of an inward or outward
article shall be fixed by the Customs.
Article 39. Duty reduction or
exemption shall be granted for import or export
goods and inward or outward articles listed
below:
(1) advertising items and trade samples of no
commercial value;
(2) materials presented free of charge by
foreign governments or international
organizations;
(3) goods to which damage or loss has occurred
prior to customs release;
(4) articles of a quantity or value within the
fixed limit;
(5) other goods and articles specified by law
as items for duty reduction or exemption; and
(6) goods and articles specified as items for
duty reduction or exemption by international
treaties to which the People's Republic of China
is either a contracting or an acceding party.
Article 40. Duty reduction or
exemption may be granted for import and export
goods of the Special Economic Zones and other
specially designated areas; for import and export
goods of specific enterprises such as
Chinese-foreign equity joint ventures,
Chinese-foreign contractual joint ventures and
enterprises with exclusive foreign investment; for
import and export goods devoted to specific
purposes; and for materials donated for use by
public welfare undertakings. The State Council
shall define the scope and formulate the rules for
such reduction and exemption.
The State Council or departments empowered by
the State Council shall define the scope and
formulate the rules for duty reduction or
exemption involved in small volumes of border
transactions.
Article 41. All import goods
and articles for which duty reduction or exemption
is granted in accordance with the preceding
Article shall be used only in specific areas and
enterprises or for specific purposes. They shall
not be utilized otherwise unless customs approval
is obtained and duties duly paid.
Article 42. Temporary duty
reduction or exemption not specified in Article 39
and 40 of this law shall be examined and approved
by the General Customs Administration
independently or jointly with the financial
department under the State Council in accordance
with the regulations of the State Council.
Article 43. Temporary duty
exemption shall be granted for goods approved by
the Customs as temporarily imported or exported
items and for bonded goods imported by special
permission after the consignee or the consignor of
the goods submits to the Customs a guarantee or a
deposit of an amount equal to the duties.
Article 44. Where the Customs
finds that the duties are short-levied or not
levied on a consignment of import or export goods
or on an inward or outward article after its
release, the Customs shall collect the money
payable from the obligatory customs duty payer
within one year of the previous duty payment or
the release of the item. If the short-levied or
non-levied duties are attributable to the duty
payer's violation of the customs regulations, the
Customs may collect the unpaid amount from him
within three years.
Article 45. Where the duties
are over-levied, the Customs, upon discovery,
shall refund the money without delay. The duty
payer may ask the Customs for refunding within one
year of the date of duty payment.
Article 46. Where the
obligatory customs duty payer is involved in a
dispute over duty payment with the Customs, he
shall first pay the duties and may, within 30 days
of the issuance of the duty memorandum, apply to
the Customs in writing for a reconsideration of
the case. The Customs shall reach a decision
within 15 days of the receipt of the application.
If the obligatory customs duty payer refuses to
accept the decision, he may apply to the General
Customs Administration for a reconsideration of
the case within 15 days of the receipt of the
decision. If the decision of the General Customs
Administration is still considered unacceptable by
the obligatory customs duty payer, he may file a
suit in a people's court within 15 days of the
receipt of the decision.
Chapter
6 Legal
Responsibilities
Article 47. Evasion of customs
control in one of the forms listed below shall
constitute a crime of smuggling:
(1) to transport, carry or send by post into or
out of the territory narcotic drugs, weapons or
counterfeit currencies which are prohibited by the
state from being imported or exported; to
transport, carry or send by post into or out of
the territory obscene objects for the purpose of
profit-making or dissemination; or to transport,
carry or send by post out of the territory
cultural relics which are prohibited by the state
from being exported;
(2) to transport, carry or send by post into or
out of the territory, for the purpose of making a
profit, articles in relatively large quantities or
of a relatively high value which are prohibited by
the state from being imported or exported, but
which are not included in item (1) of this
Article; and goods or articles in relatively large
quantities or of a relatively high value whose
importation or exportation is restricted by the
state or which are subject to the collection of
customs duties according to law; or
(3) to sell, without customs approval and
payment of duties, bonded goods imported by
special permission or goods listed for special
duty reduction or exemption which are in
relatively large quantities or of a relatively
high value.
Any armed smuggling or resistance by violence
to customs examination of smuggled goods or
articles shall constitute a crime of smuggling,
whatever the quantity or value of the goods or
articles involved.
The criminal punishments imposed by the
people's court to persons guilty of smuggling
include imposing a fine and the confiscation of
the smuggled goods or articles, of the means of
transport used for smuggling and of the illegal
proceeds obtained therefrom.
Where an enterprise, an institution or a state
organ or a public organization is guilty of
smuggling, the judicial organ shall investigate
and determine the criminal responsibility of the
person or persons in charge and the person or
persons directly answerable for the offence, and
issue an order to impose a fine on the unit and
confiscate the smuggled goods or articles, the
means of transport used for smuggling and the
illegal proceeds obtained therefrom.
Article 48. If the smuggled
goods and articles involved in one of the acts
listed under item (2) and (3) of Article 47 of
this Law are not large in quantity nor of high
value, or where the carrying or sending by post of
obscene objects into or out of the territory does
not yet constitute a crime of smuggling, the
Customs may, while confiscating the goods,
articles or illegal proceeds obtained therefrom,
concurrently impose a fine on the person or
persons concerned.
Article 49. Any of the
following acts shall be dealt with as a crime of
smuggling and shall be punishable in accordance
with the provisions of Article 47 of this Law:
(1) to purchase directly and illegally from a
smuggler articles which are prohibited by the
state from being imported; or to purchase directly
and illegally from a smuggler other smuggled goods
or articles in relatively large quantities or of a
relatively high value; or
(2) to transport, purchase or sell on inland or
territorial waters articles which are prohibited
by the state from being imported or exported; or
to transport, purchase or sell without legal
certification goods or articles whose importation
or exportation is restricted by the state and
which are in relatively large quantities or of a
relatively high value.
Where an act listed in the preceding paragraphs
does not yet constitute a crime of smuggling,
punishment shall be applied in accordance with the
provisions of Article 48 of this Law.
Article 50. Any individual who
carries or sends by post articles for personal use
into or out of the territory in a quantity
exceeding the reasonable limit and fails to
declare them to the Customs shall be made to pay
the duties and may be fined.
Article 51. A fine may be
imposed for any of the following acts which
violate the regulations on customs control
prescribed in this Law:
(1) for a means of transport to enter or leave
the territory at a place without a customs
establishment;
(2) to fail to inform the Customs of the
arrival and departure time of a means of transport
and the place where it will stay or any change of
such a place;
(3) to fail to declare truthfully to the
Customs the import or export goods or the transit,
transshipment and through goods;
(4) to fail to accept, in accordance with
relevant regulations, the checking and examination
by the Customs of the means of transport, goods or
articles entering or leaving the territory;
(5) for an inward or outward means of transport
to load or unload inward or outward goods or
articles or let passengers get on or off without
customs approval;
(6) for an inward or outward means of transport
staying at a place with a customs establishment to
leave without customs approval;
(7) for an inward or outward means of transport
en route from one place with a customs
establishment to another with a customs
establishment to move out of the territory or to a
point in the territory where there is no customs
establishment without completing the clearance
formalities and obtaining customs approval;
(8) for an inward or outward means of transport
to engage concurrently in or change to service
within the territory without customs approval;
(9) for an inward or outward vessel or aircraft
which, by force majeure, stops or lands at a place
without a customs establishment, or jettisons or
discharges goods or articles in the territory to
fail unjustifiably to report to the customs
authorities nearby;
(10) to open, pick up, deliver, forward,
change, repack, mortgage or transfer goods under
customs control without customs approval;
(11) to open or break seals affixed by the
Customs without authorization; or
(12) to violate other provisions specified in
this Law concerning customs control so that the
Customs cannot exercise or has to suspend control
over inward and outward means of transport, goods
or articles.
Article 52. The smuggled goods
and articles, illegal incomes and means of
transport used for smuggling which are confiscated
and the fines which are imposed by order of the
people's court shall all be turned over to the
State Treasury, and so shall be the smuggled goods
and articles and illegal incomes which are
confiscated and the fines which are imposed by
decision of the Customs. It is the responsibility
of the Customs to handle all smuggled goods and
articles and the means of transport used for
smuggling which are confiscated by order of the
people's court or by decision of the Customs and
to turn them over to the State Treasury in
accordance with the regulations of the State
Council.
Article 53. If the party
concerned objects to the customs decision of
punishment, he may hand in an application for a
reconsideration of the case, either to the customs
establishment making the decision or to one at the
next higher level, within 30 days of the receipt
of the notification on punishment or, in case
notification is impossible, within 30 days of the
public announcement of the punishment. If the
party concerned finds the decision reached after
reconsideration still unacceptable, he may file a
suit in a people's court within 30 days of the
receipt of the decision. The party concerned may
also file a suit directly in a people's court
within 30 days of the receipt of the notification
on punishment or within 30 days of the public
announcement of the punishment. If the party
concerned refuses to carry out the Customs
decision and fails to apply for a reconsideration
of the case or file a suit in a people's court
within the prescribed time limit, the customs
establishment making the decision of punishment
may confiscate the deposit of the party concerned
or sell off the goods, articles or means of
transport it has detained to substitute for the
penalty, or ask the people's court for mandatory
execution of the decision.
Article 54. If the Customs
causes damage to any inward and outward goods or
articles while examining them, it shall make up
for the actual loss from such damage.
Article 55. The criminal
responsibility of any customs personnel who divide
up confiscated smuggled goods or articles among
themselves shall be investigated and determined in
accordance with Article 155 of the Criminal Law of
the People's Republic of China.
No customs personnel shall be allowed to
purchase confiscated smuggled goods or articles.
Those who have done so shall be made to return the
goods or articles, and may be given a disciplinary
sanction.
Article 56. Any customs
personnel who abuse their powers and intentionally
create difficulties in or procrastinate the
control and examination process shall be given a
disciplinary sanction. Those who act illegally for
personal gains, neglect their duties or connive at
smuggling shall be given a disciplinary sanction
or investigated for criminal responsibility in
accordance with the law, depending on the
seriousness of the case.
Chapter 7 Supplementary
Provisions
Article 57. Terms used in this
Law are defined as follows:
The term " inward and outward means of
transport" means various types of vessels,
vehicles, aircraft and pack-animals which enter or
leave the territory carrying persons, goods or
articles.
The term "transit, transshipment and through
goods" means goods which come from a place outside
the territory and pass through the territory
enroute to a place outside the territory. Among
them, "transit goods" are those which pass through
the territory by land, "transshipment goods" are
those which do not pass through the territory by
land but are loaded on a different means of
transport at a place with a customs establishment,
and "through goods" are those which are carried
into and out of the territory by the same vessel
or aircraft.
The term "goods under customs control" means
import and export goods and transit goods,
transshipment goods and through goods listed under
Article 17 of this Law, temporarily imported and
exported goods, bonded goods and other inward and
outward goods for which customs formalities have
not been completed.
The term "bonded goods" means goods which have
entered the territory by approval of the Customs
as items for which no formalities have been
performed in the way of duty payment and which
will be reshipped out of the territory after being
stored, processed or assembled in the
territory.
The term "customs surveillance zone" means any
seaport, railway or highway station, airport,
border pass or international postal matter
exchange station where there is a customs
establishment, any other place where customs
control is exercised, and any place without a
customs establishment which has been approved by
the State Council as a point of entry into and
exit from the territory.
Article 58. The Customs shall
reward units or individuals for meritorious
service in providing information or assistance
which leads to the discovery and seizure of
offenders against this Law. It shall keep the
identities of such units or individuals strictly
confidential.
Article 59. The State Council
shall draw up rules governing control over the
means of transport, goods and articles going
between the Special Economic Zones and other
specially designated areas and other parts of the
territory.
Article 60. The General
Customs Administration shall, pursuant to this
Law, formulate rules of implementation to be
reported to the State Council for approval before
they come into force.
Article 61. This Law shall go
into effect as of July 1, 1987. The Provisional
Customs Law of the People's Republic of China
promulgated by the Central People's Government on
April 18, 1951, shall be annulled
therefrom.
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