GACC Decree No. 232 on Customs Control Areas Admin Measures
[2017-08-17 16:23:14]
Hereby announced is the “Provisional Measures for the Administration of Customs Control Areas of the P. R. China”, which shall enter into force on 1 November 2017 along with repeal of older versions provided in GACC Decrees No. 171 and No. 227.
YU Guangzhou, Minister of China Customs
August 8, 2017
Provisional Measures for the Administration of Customs Control Areas of the P. R. China
Chapter 1 General Provisions
Article 1 These Measures are formulated in accordance with the Customs Law and relevant regulations of the P. R. China.
Article 2 The “Customs control areas” herein refers to the places where the Customs exercises control and supervision over inbound and outbound vehicles, goods and articles, including Customs special control zone, bonded supervision venue, duty-free shop/store, and Customs-controlled workplace.
Article 3 These Measures apply to Customs administration of the areas controlled by the Customs.
Article 4 Natural persons, legal persons and other organizations, where doing business in Customs control areas, shall comply with the requirements by competent authorities.
Article 5 These Measures shall not interfere with the obligations of non-Customs authorities.
Chapter 2 Administrative Rules on Customs Control Areas
Article 6 A Customs control area shall be provided with Customs-standardized infrastructure, inspecting facilities and monitoring devices.
Article 7 The Customs shall have the power to inspect and monitor inbound or outbound vehicles, goods and articles within Customs control areas.
Article 8 Inbound or outbound vehicles, goods and articles shall enter or exit through Customs control areas.
Article 9 Inbound or outbound vehicles shall berth, load/unload within Customs control areas through customs formalities.
Article 10 Inbound or outbound goods shall be loaded/unloaded, warehoused, and assembled within Customs control areas.
Article 11 Inbound or outbound articles shall go through customs formalities in Customs-controlled passenger site or post office, unless otherwise regulated by the Customs.
Article 12 Any business involving inbound or outbound vehicles, goods and articles shall be subject to Customs regulation and supervision.
Article 13 In special circumstances as disaster relief, temporary unloading, and live/fresh goods transport, temporary entry or exit through a place without Customs presence shall be subjected to the State Council for permission and then shall go through local Customs formalities.
Chapter 3 Rules on Customs-Controlled Workplaces
Article 14 An applicant for operating Customs-controlled workplaces shall meet all of the following conditions:
(1) Having independent legal corporate capacity;
(2) Having Customs-compliant registration with Industry And Commerce Administration;
(3) Having Customs-standardized facilities
Article 15 The applicant shall apply for registration to local Customs House by submitting the following documents:
(1) Formal Application for Registration;
(2) Business Corporation License (copy);
(3) Workplace Layout and Control Diagram
Article 16 Local Customs House shall conduct administrative approval formalities for the applicant.
Article 17 The Customs may supervise such workplaces by video monitoring, online inspection, field inspection and inventory check.
Article 18 The workplace operator shall set up checkpoints at the entrance and exit of the workplace, equipped with e-control systems networked with Customs system.
Article 19 The workplace operator shall, on the strength of Customs-issued electronic or paper release note, undertake the entry and exit formalities for controlled goods and vehicles into and from the workplace.
Article 20 The workplace operator shall safe-keep the electronic or paper documents of entry, exit and storage of controlled goods for at least three years for the Customs to consult and check.
Article 21 The workplace operator shall set up Customs-networked information system, video monitors, and local wireless network around the Customs-controlled workplace.
Article 22 Where the Customs-controlled workplace is found incompliant with certain setup standard, the operator shall immediately correct the incompliance and reply to the Customs about correction result; and the Customs may take restrictive measures on the workplace.
Article 23 The operator shall handle and store Customs-controlled goods in the Customs-controlled workplace; any non-Customs-controlled goods shall be separate from the Customs-controlled ones with notable marks. And the operator shall, on demand, inform the Customs of the entry and exit of non-Customs-controlled goods into and out of the controlled workplace.
Article 24 The operator shall inform the Customs of the Customs-controlled goods stored more than three months in the Customs-controlled workplace.
Article 25 the workplace operator shall keep Customs control-related personnel management rules, document management rules, facility management rules and duty management rules.
Article 26 Where the Customs finds the controlled goods in safety risk in the workplace, the Customs shall timely inform the competent authority of the risk.
Article 27 The operator with any of the following faults shall be warned and suspended for six months from the workplace business:
(1) Failure to undertake entry-exit formalities by Customs-issued electronic or paper release note;
(2) Failure to three-year keep electronic or paper documents of goods entry/exit and storage;
(3) Failure to timely correct the incompliance with workplace standards, affecting normal control process;
(4) Failure to handle and store the Customs-controlled goods by the aforesaid rules;
(5) Failure to inform the Customs of the Customs-controlled goods stored for more than three months in the workplace;
(6) Involved in smuggling or violations of Customs regulations
Chapter 4 Supplementary Rules
Article 28 Where Customs officers are involved in malpractice, abuse of power, and neglect of duty, they shall be punished by law.
Article 29 Interpretation of these Measures shall lie with the General Administration of Customs of China.
Article 30 These Measures shall enter into force on 1 November 2017 along with repeal of older versions provided in GACC Decrees No. 171 and No. 227.
YU Guangzhou, Minister of China Customs
August 8, 2017
Provisional Measures for the Administration of Customs Control Areas of the P. R. China
Chapter 1 General Provisions
Article 1 These Measures are formulated in accordance with the Customs Law and relevant regulations of the P. R. China.
Article 2 The “Customs control areas” herein refers to the places where the Customs exercises control and supervision over inbound and outbound vehicles, goods and articles, including Customs special control zone, bonded supervision venue, duty-free shop/store, and Customs-controlled workplace.
Article 3 These Measures apply to Customs administration of the areas controlled by the Customs.
Article 4 Natural persons, legal persons and other organizations, where doing business in Customs control areas, shall comply with the requirements by competent authorities.
Article 5 These Measures shall not interfere with the obligations of non-Customs authorities.
Chapter 2 Administrative Rules on Customs Control Areas
Article 6 A Customs control area shall be provided with Customs-standardized infrastructure, inspecting facilities and monitoring devices.
Article 7 The Customs shall have the power to inspect and monitor inbound or outbound vehicles, goods and articles within Customs control areas.
Article 8 Inbound or outbound vehicles, goods and articles shall enter or exit through Customs control areas.
Article 9 Inbound or outbound vehicles shall berth, load/unload within Customs control areas through customs formalities.
Article 10 Inbound or outbound goods shall be loaded/unloaded, warehoused, and assembled within Customs control areas.
Article 11 Inbound or outbound articles shall go through customs formalities in Customs-controlled passenger site or post office, unless otherwise regulated by the Customs.
Article 12 Any business involving inbound or outbound vehicles, goods and articles shall be subject to Customs regulation and supervision.
Article 13 In special circumstances as disaster relief, temporary unloading, and live/fresh goods transport, temporary entry or exit through a place without Customs presence shall be subjected to the State Council for permission and then shall go through local Customs formalities.
Chapter 3 Rules on Customs-Controlled Workplaces
Article 14 An applicant for operating Customs-controlled workplaces shall meet all of the following conditions:
(1) Having independent legal corporate capacity;
(2) Having Customs-compliant registration with Industry And Commerce Administration;
(3) Having Customs-standardized facilities
Article 15 The applicant shall apply for registration to local Customs House by submitting the following documents:
(1) Formal Application for Registration;
(2) Business Corporation License (copy);
(3) Workplace Layout and Control Diagram
Article 16 Local Customs House shall conduct administrative approval formalities for the applicant.
Article 17 The Customs may supervise such workplaces by video monitoring, online inspection, field inspection and inventory check.
Article 18 The workplace operator shall set up checkpoints at the entrance and exit of the workplace, equipped with e-control systems networked with Customs system.
Article 19 The workplace operator shall, on the strength of Customs-issued electronic or paper release note, undertake the entry and exit formalities for controlled goods and vehicles into and from the workplace.
Article 20 The workplace operator shall safe-keep the electronic or paper documents of entry, exit and storage of controlled goods for at least three years for the Customs to consult and check.
Article 21 The workplace operator shall set up Customs-networked information system, video monitors, and local wireless network around the Customs-controlled workplace.
Article 22 Where the Customs-controlled workplace is found incompliant with certain setup standard, the operator shall immediately correct the incompliance and reply to the Customs about correction result; and the Customs may take restrictive measures on the workplace.
Article 23 The operator shall handle and store Customs-controlled goods in the Customs-controlled workplace; any non-Customs-controlled goods shall be separate from the Customs-controlled ones with notable marks. And the operator shall, on demand, inform the Customs of the entry and exit of non-Customs-controlled goods into and out of the controlled workplace.
Article 24 The operator shall inform the Customs of the Customs-controlled goods stored more than three months in the Customs-controlled workplace.
Article 25 the workplace operator shall keep Customs control-related personnel management rules, document management rules, facility management rules and duty management rules.
Article 26 Where the Customs finds the controlled goods in safety risk in the workplace, the Customs shall timely inform the competent authority of the risk.
Article 27 The operator with any of the following faults shall be warned and suspended for six months from the workplace business:
(1) Failure to undertake entry-exit formalities by Customs-issued electronic or paper release note;
(2) Failure to three-year keep electronic or paper documents of goods entry/exit and storage;
(3) Failure to timely correct the incompliance with workplace standards, affecting normal control process;
(4) Failure to handle and store the Customs-controlled goods by the aforesaid rules;
(5) Failure to inform the Customs of the Customs-controlled goods stored for more than three months in the workplace;
(6) Involved in smuggling or violations of Customs regulations
Chapter 4 Supplementary Rules
Article 28 Where Customs officers are involved in malpractice, abuse of power, and neglect of duty, they shall be punished by law.
Article 29 Interpretation of these Measures shall lie with the General Administration of Customs of China.
Article 30 These Measures shall enter into force on 1 November 2017 along with repeal of older versions provided in GACC Decrees No. 171 and No. 227.
Source: ETCN
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