GACC Announcement No.37, 2017 on Customs-Control Workplace Admin Licensing

[2017-08-25 16:37:01]

In accordance with China laws and regulations, hereby announced are the matters on the administrative licensing of Customs-controlled workplaces:

1. The applicant for operating Customs-controlled workplaces shall meet the requirements provided by the Article 14 and Article 15 of the “Provisional Measures for the Administration of Customs Control Areas of the P. R. China”.

2. The applicant shall be legally accountable for his submitted documents. Where local Customs can receive electronic documents thereof, the applicant need not submit corresponding paper versions.

3. Local Customs shall conduct field inspection of Customs-controlled workplaces under application in accordance with relevant setup standards.

4. Regarding the Customs-controlled workplace in compliance, local Customs shall issue Business Registration Certificate (see Annex 2) to it.

5. The workplace business registration shall not be transferred, leased or lent.

6. Under any of the following circumstances, the operator shall submit Business Alteration Application (see Annex 3) for customs formalities:

(1) Change in the workplace area;
(2) Change in the workplace type;
(3) Change in other contents of Business Registration Certificate

Where the alteration is permitted, local Customs shall issue a new Business Registration Certificate replacing the old one.

Where the operator is changed to another, the former operator shall undertake cancellation formalities and the latter shall re-apply to local Customs for the operation.

7. Where the operator’s Corporation Business License and/or Workplace Layout Diagram have changes, the operator shall timely inform local Customs and submit updated versions of such documents.

8. Where the operator needs to extend his registration, the operator shall, 30 days before the expiry of its Business Registration Certificate, apply to local Customs for the extension in writing (see Annex 4).

Where the operator is qualified for the extension, its Business Registration Certificate shall be extended for 3 years in validity.

Where the operator fails to apply within the time limit aforesaid, his Business Registration Certificate shall become invalid at its expiry.

9. For the purpose of public interests, the Customs in charge may alter or revoke the operator registration for a Customs-controlled workplace.

10. Where the operator applies for canceling his registration, the cancel shall be based on the following conditions:

(1) Customs-controlled goods in his workplace have all been disposed by law through relevant customs formalities.
(2) Involved smuggling or lawbreaking cases, if any, have all been settled by law.

Where the cancel is permitted by the Customs in charge, the operator shall return his Business Registration Certificate to the Customs.

11. Under any of the following circumstances, the Customs in charge shall cancel the operator registration and withdraw corresponding Business Registration Certificate:

(1) The registration is expired without extension;
(2) The operator business is terminated by law;
(3) The registration is revoked by law;
(4) The registered business cannot be implemented because of force majeure;
(5) The registration should be canceled for other reasons by law;

Where the registration is canceled, the operator shall, in accordance with Customs requirements, dispose Customs-controlled goods stored in his workplace.

This Announcement shall enter into force on 1 November 2017.

Annexes (omitted):

1. Business Registration Application;
2. Business Registration Certificate;
3. Business Alteration Application;
4. Business Extension Application;
5. Business Cancel Decision;

General Administration of Customs of China (GACC)
August 22, 2017
Source: ETCN