Decree No. 194 of the General Administration of Customs of the P. R. China

Article 17 In case any non-resident permanent passenger fails to go through the formalities for annual examination on motor vehicles under supervision to the customs authorities in accordance with the provisions of the Measures, transfers or sells the motor vehicle under supervision without authorization, or has any other acts of smuggling or violation of the customs' supervision provisions, the customs authorities shall punish him in accordance with the Customs Law of the People's Republic of China and the Detailed Rules for the Implementation of the Administrative Punishment of Customs Law of the People's Republic of China; if it constitutes any crime, he shall be subject to criminal liabilities according to law.


Article 18 The following words in the Measures shall have the following meanings:

"Non-Resident Permanent Passengers", shall refer to the foreign citizens, overseas Chinese, and people in Hong Kong, Macao and Taiwan regions, who enter into the territory of China upon the approval of the public security organ and reside for one year or longer within China, and still return to their overseas residence after the permit expires.

"Resident Foreigners", shall refer to the following personnel in the non-resident permanent passengers:

1.The foreigners in the resident offices established by overseas enterprises, press institutions, economic and trade organs, cultural organizations, and other overseas legal persons within the territory of China upon the approval of the competent government departments of the People's Republic of China and have been put on archives at the customs authorities;

2. Personnel of foreign-funded enterprises having been registered at the customs authorities;

3. Experts entering to China to work permanently.

"Identity Certificates" shall refer to the Employee's Card of Resident Offices of Enterprises of Foreign Countries (Regions) issued by the competent departments of the People's Republic of China, Foreign Employee's Card of the People's Republic of China, and the Foreign Expert Certificate of the People's Republic of China, and other certificates, as well as the passports used for entry and exit of the territory, Pass of the Residents of Hong Kong and Macao for Traveling from and to the Mainland, and the Pass of the Taiwan Residents for Traveling from and to the Mainland, etc.

"Certificates of Permanent Residence", shall refer to such certificates as the Certificate of Permanent Residence of the People's Republic of China for Foreigners, and the Certificate for Temporary Stay of Overseas Chinese and Personnel of the Hong Kong and Macao Regions, etc., which qualify them to permanently reside in the territory of China, and issued by the competent departments in charge of the People's Republic of China.

"The Customs in Charge" shall refer to the customs authorities directly under the General Administration of Customs at the place where the non-resident permanent passengers reside in China or the subsidiary customs authorities authorized by the customs authorities directly under the General Administration of Customs.

"Articles for Self Use" shall refer to the articles (excluding tobaccos and alcohols) listed in the Form of Classification of the Customs of the People's Republic of China on the Entry and Exit of Luggage and Articles of Passengers and motor vehicles as are necessary for daily life of the non-resident permanent passengers during their residence in China.

"Motor Vehicles", shall refer to the motorcycles, cars, cross-country vehicles, and small passenger cars with 9 seats or less.

"Twenty Types of Commodities" shall refer to the televisions, video cameras, video recorders, video players, sound equipments, air-conditioners, refrigerators, washing machines, cameras, photocopying machines, program-controlled switchboards, microcomputers, telephones, pagers, fax machines, electronic calculators, printers and word processors, furniture, lamps and lanterns, and food ingredients.

Article 19 The Measures shall not be applicable to the entry and exit of articles of the foreigners of foreign embassies and consulates in China, personnel of the representative offices of the United Nations and its special organizations in China, and other international organizations that have signed agreement with the Chinese government, which shall be handled separately in accordance with the relevant laws and administrative regulations.

Article 20 The power to interpret the Measures shall remain with the General Administration of Customs.

Article 21 The Measures shall come into force as of August 1, 2004. The regulatory documents as listed in the Annex 7 of the Measures shall be repealed simultaneously.

Annex:

1. Application Form of the Customs of the People's Republic of China for Entry & Exit of Self-Use Articles (Omitted)

2. Notice of Receiving and Revoking License Plate for Entry/Exit Vehicles under the Customs' Supervision of the People's Republic of China (Omitted)

3. Registration Certificate of Vehicles under Customs' Supervision of the People's Republic of China (Omitted)

4. Application Form for Transfer of Official/Self used Vehicles under Customs' Supervisions of the People's Republic of China (Omitted)

5. Application Form of the Customs of the People's Republic of China on Releasing from Supervision over Official/Self use Vehicles (Omitted)

6. Certificate of Releasing from Supervision over Vehicles under the Customs' Supervision of the People's Republic of China (Omitted)

7. Lists of Documents Repealed (Omitted)