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No. 190 Decree of the General Administration of Customs

2010-04-29 16:05:31Source:www.fdi.gov.cnAuthor:

The Decision of the General Administration of Customs on the Amendments to the People's Republic of China Customs Bonded Logistics Park Management Measures has been deliberated and adopted by the executive meeting of the General Administration of Customs on March 1, 2010, and hereby promulgated, which shall enter into effect as of May 1, 2010.

Director Sheng Guangzu

March 15, 2010

 

Decision of the General Administration of Customs on the Amendments to the People's Republic of China Customs Bonded Logistics Park Management Measures

For the purpose of regulating management, the General Administration of Customs decided to get the People's Republic of China Customs Bonded Logistics Park Management Measures (No. 134 Decree of the General Administration of Customs, hereinafter referred to as Measures) to make the following changes:

Revise "import and export trade, including enter pot trade" in Clause 3 of Article VII of the Measures into "international enter pot trade".

The Decision shall enter into effect as of May 1, 2010.

The Measures shall be amended in accordance with the Decision and promulgated anew.

The People's Republic of China Customs Bonded Logistics Park Management Measures

(No. 134 Decree of the General Administration of Customs promulgated the Measures on November 28, 2005, which shall be amended in accordance with the Decision of the General Administration of Customs on the Amendments to the People's Republic of China Customs Bonded Logistics Park Management Measures promulgated by No. 190 of the General Administration of Customs on March 15, 2010)

Chapter I General Provisions

Article 1 In order to regulate the administration of the Customs on bonded logistic parks and the flow of goods into or out thereof, enterprises in the bonded logistic parks and their operation, these Measures are formulated according to the Customs Law of the People's Republic of China as well as the relevant laws and administrative regulations .

Article 2 The term "bonded logistic park" (hereinafter referred to as the park) as mentioned in these Measures refers to the special zone under Customs supervision, which are established within the planning areas of a bonded zone or a special port section adjacent to the bonded zone for the development of modern international logistics upon the approval of the State Council.

Article 3 The Customs shall set up office to be stationed in the park and carry out 24-hour supervision over the goods, means of transport, articles carried by individuals that enter and exit the park, and the relevant locations within the park in accordance with these Measures.

Article 4 Checkpoints, isolation facilities, video monitoring systems and other facilities necessary for the Customs surveillance, which meet the requirements of Customs surveillance, shall be established between the park and the other areas within the territory of the People's Republic of China (hereinafter referred to as areas beyond the park).

Article 5 Warehouses, yards, checking sites, and operation places necessary for business commanding and dispatching shall be established within the park, and no industrial production and processing places and commercial consumption facilities may be established therein.

The Customs, the administrative organ of the park and the operating entity thereof, as well as the offices of enterprises established within the park (hereinafter referred to as the enterprises in the park) and of other entities shall be established in the comprehensive office areas of the park within the planning areas and outside the net surrounding the park. Except security guards and the personnel on duty of the relevant departments and of enterprises, no other person may reside in the park.

Article 6 The relevant businesses may not be carried out in the park unless the relevant facilities and places as prescribed in Article 4 and paragraph one of Article 5 of the these Measures are qualified upon the check acceptance conducted by the General Administration of Customs in conjunction with the relevant departments of the State Council.

Article 7 The following businesses may be carried out in the park:

1.Storing of import and export goods and other goods that haven't gone through the formalities for Customs clearance;

2.Performance of simple circulative processing and value-added services for the stock in trade;

3. International enter pot trade;

4.International purchase, allocation and distribution;

5.International transit business;

6.Testing and maintenance;

7.Exhibition of commodities; and

8.Other international logistic businesses as approved by the Customs.

Article 8 No commercial retail, processing and manufacture, renovation, dismantlement, and any other business in no relation with the park areas may be carried out within the park.

Article 9 Under any of the following circumstances, the enterprises in the park shall report in writing to the competent Customs in the park and go through the relevant formalities within the time limit prescribed by these measures:

1.They suffer from force majeure and other disasters;

2.The goods under Customs supervision are seized, detained or under other mandatory measures taken by the administrative law enforcement departments or judicial departments;

3.The goods under Customs supervision are stolen; or

4.Other circumstances as prescribed by laws and administrative regulations.

The time limit for reporting the aforesaid circumstances shall be within 5 workdays as of the occurrence in the case of the circumstance as prescribed in item (1); and the time shall be within 3 workdays in the case of the circumstances as prescribed in items (2) through (4).

Article 10 For the goods under Customs supervision that are transported between the park and the areas beyond the park, the competent Customs houses in the park areas may request the enterprises to provide corresponding guarantee.

Article 11 Goods and articles that are prohibited from import and export by laws or administrative regulations my not enter and exit the park.