| 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 RESPONSIBILITIES
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 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 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 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 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 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 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 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 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 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 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 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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