Decision of the Standing Committee of the National People's Congress on Amending the Customs Law of the People's Republic of China
Decision of the Standing Committee of the National People's Congress on Amending the Customs Law of the People's Republic of China
Decision of the Standing Committee of the National People's Congress on Amending the Customs Law of the People's Republic of China
Order of the President [2000] No.35
July 8, 2000
Adopted at the 16th session of the Standing Committee of the Ninth National People's Congress on July 8, 2000, the Decision of the Standing Committee of the National People's Congress on Amending the Customs Law of the People's Republic of China is hereby promulgated, and implemented as of January 1, 2001.
Jiang Zemin, President of the People's Republic of China
Attachment: Decision of the Standing Committee of the National People's Congress on Amending the Customs Law of the People's Republic of China
It is decided to amend the Customs Law of the People's Republic of China at the 16th session of the Standing Committee of the Ninth National People's Congress as follows:
I. Article 2 is revised to read: "The Customs of the People's Republic of China is a state organ responsible for supervision and control over all arrivals in and departures from the customs territory (hereinafter referred to as the territory in short). It shall, in accordance with this Law and other related laws and administrative regulations, exercise 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 in short), collect customs duties and other taxes and fees, prevent and suppress smuggling, prepare Customs statistics and handle other Customs operations."
II. A new Article 4 is added to read: "In the General Customs Administration, the State sets up a special police department, which is in charge of the investigation of offences of smuggling and is staffed with professional anti-smuggling policemen, who are responsible for conducting investigations, making detentions and arrests, and carrying out preliminary inquiries into smuggling cases under the jurisdiction of the said department.
The police department responsible for the investigation of smuggling offences shall, in accordance with the Criminal Procedure Law of the People's Republic of China, perform its duties of conducting investigations, making detentions and arrests and carrying out preliminary inquiries.
The police department responsible for the investigation of smuggling offences may, in accordance with the relevant regulations of the State, set up its branch offices, which shall, in accordance with law, hand over to the competent People's Procuratorate for prosecution the smuggling cases which are under their jurisdiction and the investigation of which they have completed investigation.
Local public security organs at different levels shall cooperate with the Customs police department responsible for the investigation of smuggling offences in the latter's performance of its duties in accordance with law."
III. A new Article 5 is added to read: "The State maintains an anti-contraband mechanism under which joint action is to be taken, smuggling cases are to be handled in a unified manner and smuggling is to be suppressed in an all-round way. The Customs is responsible for mobilizing, coordinating and regulating efforts against smuggling. The regulations in this regard shall be formulated separately by the State Council.
Smuggling cases discovered by relevant administrative law-enforcement departments and involving administrative penalties shall be handed over to the Customs for its handling in accordance with law; suspected offences shall be transferred to the Customs police department responsible for the investigation of smuggling offences and local public security organs to be dealt with according to the division of their jurisdiction and to legal procedures."
IV. Article 4 is renumbered as Article 6, and Sub-paragraph 1 is revised to read: "1. to check inward and outward means of transport, examine inward and outward goods and articles, and detain those entering or leaving the territory in violation of this Law or other relevant laws and administrative regulations;"
Sub-paragraph 2 is revised to read: "2. to examine the identification documents of persons entering or leaving the territory, interrogate the persons suspected of violating this Law or other relevant laws and administrative regulations and investigate the illegal activities of such persons;"
Sub-paragraph 3 is revised to read: "3. to examine and duplicate contracts, invoices, account books, bills, records, documents, business letters and cables, audio and video products and other material that are related to the inward and outward means of transport, goods and articles, and detain those involved in the means of transport, goods or articles entering or leaving the territory in violation of this Law or other relevant laws and administrative regulations;"
Sub-paragraph 4 is revised to read: "4. to search, within a Customs surveillance zone and the specified coastal or border area in the vicinity of a Customs office, the means of transport suspected of being involved in smuggling, and the places suspected of concealing smuggled goods and articles, and search the body of the persons suspected of smuggling; to detain, with the approval of the director of a Customs office directly under the General Customs Administration or the director of a Customs office subordinate to and authorized by the former, the means of transport, goods or articles suspected of being involved in smuggling, and the persons suspected of being guilty of smuggling; the length of time for detention of the persons suspected of being guilty of smuggling shall be not longer than 24 hours, which may be extended to 48 hours under special circumstances.
When investigating smuggling cases beyond the Customs surveillance zone and the specified coastal or border area in the vicinity of a Customs office, the Customs may, with the approval of the director of a Customs office directly under the General Customs Administration or the director of a Customs office subordinate to and authorized by the former, search the means of transport suspected of being involved in smuggling and, with the exception of citizens' residence, the places suspected of concealing smuggled goods or articles, which shall be conducted in the presence of the parties concerned. Where the parties fail to show up, the Customs may effect the search in the presence of witnesses and may detain the means of transport, goods or articles suspected of smuggling which is supported by evidence.
The specified coastal or border area in the vicinity of a Customs office shall be delimited by the General Customs Administration and the public security department under the State Council in conjunction with the relevant people's government at the provincial level;"
A new Sub-paragraph 5 is added to read: "5. When investigating smuggling cases, the Customs may, with the approval of the director of a Customs office directly under the General Customs Administration or the director of the Customs office subordinate to and authorized by the former, check up on the bank accounts and remittances the suspected entities and persons have in financial institutions or postal services;"
A new Sub-paragraph 8 is added to read: "8. to exercise other powers given to the Customs by law and administrative regulations."
V. A new Article 7 is added to read: "Local authorities and all departments shall support the Customs offices in exercising their functions and powers according to law; they may not illegally interfere in the Customs enforcement of law."
VI. Paragraph 1 and Paragraph 2 of Article 6 are renumbered as Article 9, and Paragraph 1 thereof is revised to read: "Unless otherwise provided for, the declaration of import or export goods and the payment of duties may be made by the consignees or consigners themselves, and such formalities may also be completed by their entrusted Customs brokers that have registered with the permission of the Customs."
VII. Paragraph 3 of Article 6 is renumbered as Article 10, and revised to read: "Any Customs broker entrusted by the consignee or consigner for import or export goods to complete Customs formalities in the name of the principal shall produce to the Customs a letter of authorization signed by the principal and abide by all the provisions of this Law governing the principal.
Where a Customs broker entrusted by the consignee or consigner for import or export goods and completes the Customs formalities in its own name, it shall bear the same legal liability as the consignee or consigner shall do.
The principal that entrusts a Customs broker to complete the Customs formalities shall provide the broker with true information regarding the items it entrusts the broker to declare to the Customs. The Customs broker so entrusted shall, as appropriate, verify the authenticity of the information provided by the principal."
VIII. A new Article 11 is added to read: "The consignees or consigners for import or export goods and the Customs brokers engaged in Customs declaration shall register with the Customs according to law.
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Order of the President [2000] No.35
July 8, 2000
Adopted at the 16th session of the Standing Committee of the Ninth National People's Congress on July 8, 2000, the Decision of the Standing Committee of the National People's Congress on Amending the Customs Law of the People's Republic of China is hereby promulgated, and implemented as of January 1, 2001.
Jiang Zemin, President of the People's Republic of China
Attachment: Decision of the Standing Committee of the National People's Congress on Amending the Customs Law of the People's Republic of China
It is decided to amend the Customs Law of the People's Republic of China at the 16th session of the Standing Committee of the Ninth National People's Congress as follows:
I. Article 2 is revised to read: "The Customs of the People's Republic of China is a state organ responsible for supervision and control over all arrivals in and departures from the customs territory (hereinafter referred to as the territory in short). It shall, in accordance with this Law and other related laws and administrative regulations, exercise 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 in short), collect customs duties and other taxes and fees, prevent and suppress smuggling, prepare Customs statistics and handle other Customs operations."
II. A new Article 4 is added to read: "In the General Customs Administration, the State sets up a special police department, which is in charge of the investigation of offences of smuggling and is staffed with professional anti-smuggling policemen, who are responsible for conducting investigations, making detentions and arrests, and carrying out preliminary inquiries into smuggling cases under the jurisdiction of the said department.
The police department responsible for the investigation of smuggling offences shall, in accordance with the Criminal Procedure Law of the People's Republic of China, perform its duties of conducting investigations, making detentions and arrests and carrying out preliminary inquiries.
The police department responsible for the investigation of smuggling offences may, in accordance with the relevant regulations of the State, set up its branch offices, which shall, in accordance with law, hand over to the competent People's Procuratorate for prosecution the smuggling cases which are under their jurisdiction and the investigation of which they have completed investigation.
Local public security organs at different levels shall cooperate with the Customs police department responsible for the investigation of smuggling offences in the latter's performance of its duties in accordance with law."
III. A new Article 5 is added to read: "The State maintains an anti-contraband mechanism under which joint action is to be taken, smuggling cases are to be handled in a unified manner and smuggling is to be suppressed in an all-round way. The Customs is responsible for mobilizing, coordinating and regulating efforts against smuggling. The regulations in this regard shall be formulated separately by the State Council.
Smuggling cases discovered by relevant administrative law-enforcement departments and involving administrative penalties shall be handed over to the Customs for its handling in accordance with law; suspected offences shall be transferred to the Customs police department responsible for the investigation of smuggling offences and local public security organs to be dealt with according to the division of their jurisdiction and to legal procedures."
IV. Article 4 is renumbered as Article 6, and Sub-paragraph 1 is revised to read: "1. to check inward and outward means of transport, examine inward and outward goods and articles, and detain those entering or leaving the territory in violation of this Law or other relevant laws and administrative regulations;"
Sub-paragraph 2 is revised to read: "2. to examine the identification documents of persons entering or leaving the territory, interrogate the persons suspected of violating this Law or other relevant laws and administrative regulations and investigate the illegal activities of such persons;"
Sub-paragraph 3 is revised to read: "3. to examine and duplicate contracts, invoices, account books, bills, records, documents, business letters and cables, audio and video products and other material that are related to the inward and outward means of transport, goods and articles, and detain those involved in the means of transport, goods or articles entering or leaving the territory in violation of this Law or other relevant laws and administrative regulations;"
Sub-paragraph 4 is revised to read: "4. to search, within a Customs surveillance zone and the specified coastal or border area in the vicinity of a Customs office, the means of transport suspected of being involved in smuggling, and the places suspected of concealing smuggled goods and articles, and search the body of the persons suspected of smuggling; to detain, with the approval of the director of a Customs office directly under the General Customs Administration or the director of a Customs office subordinate to and authorized by the former, the means of transport, goods or articles suspected of being involved in smuggling, and the persons suspected of being guilty of smuggling; the length of time for detention of the persons suspected of being guilty of smuggling shall be not longer than 24 hours, which may be extended to 48 hours under special circumstances.
When investigating smuggling cases beyond the Customs surveillance zone and the specified coastal or border area in the vicinity of a Customs office, the Customs may, with the approval of the director of a Customs office directly under the General Customs Administration or the director of a Customs office subordinate to and authorized by the former, search the means of transport suspected of being involved in smuggling and, with the exception of citizens' residence, the places suspected of concealing smuggled goods or articles, which shall be conducted in the presence of the parties concerned. Where the parties fail to show up, the Customs may effect the search in the presence of witnesses and may detain the means of transport, goods or articles suspected of smuggling which is supported by evidence.
The specified coastal or border area in the vicinity of a Customs office shall be delimited by the General Customs Administration and the public security department under the State Council in conjunction with the relevant people's government at the provincial level;"
A new Sub-paragraph 5 is added to read: "5. When investigating smuggling cases, the Customs may, with the approval of the director of a Customs office directly under the General Customs Administration or the director of the Customs office subordinate to and authorized by the former, check up on the bank accounts and remittances the suspected entities and persons have in financial institutions or postal services;"
A new Sub-paragraph 8 is added to read: "8. to exercise other powers given to the Customs by law and administrative regulations."
V. A new Article 7 is added to read: "Local authorities and all departments shall support the Customs offices in exercising their functions and powers according to law; they may not illegally interfere in the Customs enforcement of law."
VI. Paragraph 1 and Paragraph 2 of Article 6 are renumbered as Article 9, and Paragraph 1 thereof is revised to read: "Unless otherwise provided for, the declaration of import or export goods and the payment of duties may be made by the consignees or consigners themselves, and such formalities may also be completed by their entrusted Customs brokers that have registered with the permission of the Customs."
VII. Paragraph 3 of Article 6 is renumbered as Article 10, and revised to read: "Any Customs broker entrusted by the consignee or consigner for import or export goods to complete Customs formalities in the name of the principal shall produce to the Customs a letter of authorization signed by the principal and abide by all the provisions of this Law governing the principal.
Where a Customs broker entrusted by the consignee or consigner for import or export goods and completes the Customs formalities in its own name, it shall bear the same legal liability as the consignee or consigner shall do.
The principal that entrusts a Customs broker to complete the Customs formalities shall provide the broker with true information regarding the items it entrusts the broker to declare to the Customs. The Customs broker so entrusted shall, as appropriate, verify the authenticity of the information provided by the principal."
VIII. A new Article 11 is added to read: "The consignees or consigners for import or export goods and the Customs brokers engaged in Customs declaration shall register with the Customs according to law.
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