CUSTOMS LAW OF THE PEOPLE'S
REPUBLIC OF CHINA
(Adopted at the 19th Meeting of the
Standing Committee of the Sixth National People's Congress
on January 22, 1987,Promulgated by Order No. 51 of the
President of the People's Republic of China on January
22, 1987, and effective as of July 1, 1987)
Contents
Chapter I General Provisions
Chapter II Inward and Outward Means
of Transport
Chapter III Inward and Outward Goods
Chapter IV Inward and Outward Articles
Chapter V Customs Duties
Chapter VI Legal Responsibility
Chapter VII Supplementary Provisions
Chapter I 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 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. 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
civilized 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 II 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
authorize; 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 articities 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 III 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 imports 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 IV 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 V 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 Articles 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 VI Legal Responsibility
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 Items
(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 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 VII 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
en route 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.