AQSIQ Decree No. 146 on Quarantining Entry-Exit Passengers' Articles

Chapter 5 Legal Liabilities

 

Article 33 Where the articles are under any of the following circumstances, the inspection-quarantine agencies may impose penalty not more than CNY 5,000:

(1) Failure to declare to the governing agencies as required;
(2) Inconsistent with their declaration;
(3) Failure to undertake quarantine approval formalities;
(4) Failure to abide by quarantine approval regulations.

Where the foregoing item (2) misconduct arises, any quarantine certificates already issued shall be revoked.

Article 34 Where any of illegal acts as below arises, the inspection-quarantine agencies may administer caution or impose penalty of CNY 100-5,000:

(1) Refusal to receive quarantine and sanitization;
(2) Counterfeiting quarantine certificates;
(3) Concealment of entry with any articles banned from entry or potential to cause disease transmission;
(4) Loading or unloading articles without permission by the inspection-quarantine agencies;
(5) Failure by carriers to separately process or transport belongings to entry transiting persons.

Article 35 Where corpse or skeletons are moved without prior sanitization by the inspection-quarantine agencies, the agencies may impose penalty of CNY 1,000-10,000.

Article 36 Where any of misconducts as below arises, the inspection-quarantine agencies may impose penalty of CNY 3,000-30,000:

(1) Without prior permission by the inspection-quarantine agencies, unloading or delivering any entry and transit articles;
(2) Without prior permission by the inspection-quarantine agencies, dispatching or disposing any articles detained within designated isolated places;
(3) Without prior permission by the inspection-quarantine agencies, opening or damaging articles' quarantine marks, seals or identifications.

Article 37 In the event of counterfeiting animal/plant quarantine certificates, seals or identifications, the inspection-quarantine agencies shall resort to public security police organs;
Where such misconduct is not subject to criminal penalty, the inspection-quarantine agencies may impose penalty of CNY 20,000-50,000.

Article 38 In the event of entry and exit with any waste or used articles without prior permission and sanitization by the inspection-quarantine agencies, the agencies may impose penalty of CNY 5,000-30,000.

Article 39 In the event of buying and selling original or counterfeited quarantine certificates, seals or identifications, where any illegal gains occur, the inspection-quarantine agencies may impose penalty of not more than 3 times the illegal gains and maximal CNY 30,000; where no illegal gain occurs, the agencies may impose penalty of not more than CNY 10,000.

In the event of buying and selling original or counterfeited sanitization certificates, where any illegal gains occur, the inspection-quarantine agencies may impose penalty of not more than 3 times the illegal gains and maximal CNY 5,000; where no illegal gain occurs, the agencies may impose penalty of CNY 100-5,000.

Article 40 Where any of misconducts as below arises, the inspection-quarantine agencies may impose penalty of not more than CNY 1,000:

(1) Stealing animal/plant quarantine certificates, seals and identifications or using counterfeited copies thereof;
(2) Stealing sanitization certificates or using counterfeited copies thereof;
(3) Using counterfeited copies of quarantine certificates issued by foreign authorities.

Article 41 Where any entry-exit person refuses or hinders legal duties of the inspection-quarantine agencies, the agencies may resort to other governing authorities.

Article 42 Staff with the inspection-quarantine agencies shall act and serve in accordance with laws and regulations, and shall be subjected to legal liabilities as regards their violation and dereliction.

 

Article 43 The separately transported articles herein refer to a passenger's belongings that are transported on consignment into or out of China within six months after the passenger entry or before the passenger exit respectively.

Article 44 As regards any charges collectable, the inspection-quarantine agencies shall collect as regulated.

Article 45 Any crime resulting from violation of these Measures shall be subjected to criminal liability.

Article 46 These Measures shall be construed by the General Administration of Quality Supervision, Inspection & Quarantine (AQSIQ) hereto.

Article 47 These Measures shall come into force as of November 1, 2012 and shall replace their edition issued on November 6, 2003 as AQSIQ Decree No. 56 that is to be repealed on November 1, 2012.