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[No.171] Decree of the General Administration of Customs of the People’s Republic of China No. 171


Rules of the General Administration of Customs of the People’s Republic of China on Administration of Customs Control Premises, which were deliberated and adopted at the Executive Meeting of the General Administration of Customs on January 4, 2008, are hereby promulgated and shall come into force as of March 1, 2008.


Mu Xinsheng

Minister

General Administration of Customs

January 30, 2008



Rules of the General Administration of Customs of the People’s Republic of China on Administration of Customs Control Premises


(Adopted at the Executive Meeting of the General Administration of Customs on January 4, 2008, promulgated in the form of Decree No. 171 of the General Administration of Customs of the People’s Republic of China on January 30, 2008, and effective as of March 1, 2008)



Chapter I General Provisions


Article 1 These Rules are formulated in accordance with the Customs Law of the People’s Republic of China (hereinafter referred to as the Customs Law) and other relevant laws and administrative regulations with a view to standardizing administration of Customs control premises.


Article 2 The term “Customs control premises” under these Rules refers to specific areas which comply with the standards of establishment set by Customs and are used for the entry, exit and berth of inward and outward means of transport or those within the territory carrying goods under Customs control, for the loading, unloading, storage, delivery and shipping of inward and outward goods, and for the handling of Customs control operations.


Article 3 These Rules apply to the establishment of Customs control premises and Customs supervision over and administration of such premises.


Customs administration of duty-free shops is governed separately by relevant provisions other than these Rules.


Article 4 The administration of Customs control premises is conducted through unified coding, computerized networking and classified management.


Article 5 Enterprises running Customs control premises (hereinafter referred to as “operators”) and managers of such premises shall, in accordance with the Standards for the Establishment of Customs Control Premises of the People’s Republic of China (hereinafter referred to as the Establishment Standards; see Annex 1), build such premises, equip the premises with corresponding facilities, and provide inspection fields, office space and facilities for Customs to handle official business.


Chapter II Establishment of Customs Control Premises


Article 6 An enterprise applying for setting up Customs control premises (hereinafter referred to as the “applicant”) shall satisfy the following requirements:


(a) It has been registered at the administrative authority of industry and commerce, and is an independent business-type juristic person;


(b) Its registered capital is no less than 3 million RMB yuan;


(c) It has business premises dedicated to the storage of goods, and has the land use rights over the premises. Where the land or business premises are rented from another person, the duration of the lease shall be no less than five years; and


(d) It shall have obtained the special business permit if it engages in the storage of liquid or gas chemicals, flammable or explosive articles, other dangerous goods, or any other type of goods under special licensing control.


Article 7 An applicant shall submit the following written documents to a Customs house directly under the General Administration of Customs (hereinafter referred to as a “Customs house directly under the GAC”):


(a) an Application for Registration of Customs Control Premises of the People’s Republic of China (see Annex 2);


(b) a photocopy of its business license as a business-type juristic person;


(c) a photocopy of its tax registration certificate;


(d) a photocopy of the identity certificate of its legal representative;


(e) a photocopy of the certificate on its ownership of the premises or its right to use the premises;


(f) a photocopy of the special business permit if it engages in the storage of liquid or gas chemicals, flammable or explosive articles, other dangerous goods, or any other type of goods under special licensing control; and


(g) the site plan and architectural design of the premises.


When submitting the above-mentioned photocopies, the applicant shall also present the originals to Customs for examination and verification.


Article 8 A Customs house directly under the GAC shall accept and examine applications for running Customs control premises in accordance with the relevant provisions of the Administrative License Law of the People’s Republic of China and the Rules of the General Administration of Customs of the People’s Republic of China for Implementing the Administrative License Law.


Where an applicant satisfies the statutory requirements, the Customs house directly under the GAC shall prepare a Decision of the Customs of the People’s Republic of China on Approving the Establishment of Customs Control Premises (hereinafter referred to as the Approval Decision; see Annex 3) and issue it to the applicant. Where an applicant fails to satisfy the statutory requirements, the Customs house directly under the GAC shall prepare a Decision of the Customs of the People’s Republic of China on Disapproving the Establishment of Customs Control Premises, issue it to the applicant and state the reasons therefor.


Article 9 The applicant shall, within one (1) year as from the date of issuance of the Approval Decision, apply to the Customs house directly under the GAC for acceptance check, and the latter shall check the acceptability of the Customs control premises to be established in accordance with the criteria specified in the Establishment Standards. Where, without any valid reason, the applicant fails to apply for acceptance check within the prescribed time limit, or fails to pass the acceptance check, the Approval Decision shall become invalid automatically.


Customs control premises which pass the acceptance check may be put into operation after being registered at the Customs house directly under the GAC and receiving the Registration Certificate of Customs Control Premises of the People’s Republic of China (hereinafter referred to as the Registration Certificate; see Annex 5) issued by the Customs house. The Registration Certificate shall be valid for three (3) years as from the date of issuance.


Article 10 For Customs control premises which are already established upon Customs approval before these Rules come into force, the operator shall, within one (1) year as from the date when these Rules come into force, submit application materials specified in Article 7 of these Rules to the competent Customs house directly under the GAC to apply for an Approval Decision.


Such an operator shall, within one (1) year as from the date of issuance of the Approval Decision, apply to the Customs house directly under the GAC for acceptance check, and the latter shall check the acceptability of the premises in accordance with the criteria specified in the Establishment Standards. Where the premises pass the acceptance check, the Customs house directly under the GAC shall register the premises and issue a Registration Certificate.


Where, without any valid reason, an operator fails to submit the application materials within the prescribed time limit, fails to apply for acceptance check, or fails to pass the acceptance check, the Customs house directly under the GAC shall deregister its qualifications for running Customs control premises.


Where, under exceptional circumstances where the time limit for acceptance check needs to be extended, the operator shall apply to the Customs house directly under the GAC for extension of the time limit. With the consent of the Customs house directly under the GAC, the time limit may be extended but not exceeding the maximum one-year limit.


Article 11 Where an operator needs to change its business scope or the area of the Customs control premises it is running, it shall fill out an Application for Changes of Customs Control Premises of the People’s Republic of China (see Annex 6), and apply to the Customs house directly under the GAC by submitting the application and relevant materials.


Article 12 Where an operator needs to extend the validity of the Registration Certificate, it shall, 30 days before the Registration Certificate expires, apply to the Customs house directly under the GAC for extension, and submit an Application for Continuance of Customs Control Premises of the People’s Republic of China (see Annex 7).


Where the application satisfies the requirements for extension, the Customs house directly under the GAC shall make a decision of approval before the valid term of the Registration Certificate expires, and extend it for another three years.


Where the application fails to satisfy the requirements for extension, the Customs house directly under the GAC shall make a decision of disapproval.


Article 13 To terminate the operation of Customs control premises it is running, an operator shall file a written application with the Customs house directly under the GAC, and return the Registration Certificate.


Article 14 Customs houses directly under the GAC shall handle the formalities for changes, continuance and deregistration of Customs control premises in accordance with the relevant provisions of the Administrative License Law of the People’s Republic of China and the Rules of the General Administration of Customs of the People’s Republic of China for Implementing the Administrative License Law.


Chapter III Supervision over and Administration of Customs Control Premises


Article 15 Customs shall exercise control over means of transport and goods entering or leaving Customs control premises by way of video monitoring, field inspections, etc.


Article 16 An operator shall make a sign plate for Customs control premises in accordance with the format specified by Customs (see Annex 8), and hang it at a remarkable place at the entrance to the Customs control premises.


Article 17 Goods stored in Customs control premises shall be limited to those under Customs control only.


Fluid or gas chemicals, flammable or explosive articles, toxic or radioactive articles, and other dangerous goods stored in Customs control premises shall bear remarkable signs and shall be stored separately from goods of other categories.


Article 18 An operator shall set up a relatively independent site for customs inspection in accordance with the requirements of Customs control.

Article 19 An operator shall send and receive electronic data in accordance with the requirements of Customs. The Customs authority is entitled to look over paper documents and electronic account books recording the entry, exit and storage of goods in Customs control premises.


Article 20 An operator shall, in light of the needs of Customs control, set up checkpoints at passages entering and exiting Customs control premises, assign staff to keep watch, and deploy equipment there, which shall be connected with the computers of Customs.


For Customs control premises which are concentrated in the same enclosed area but run by different operators separately, the operators may jointly set up unified checkpoints at passages entering and exiting the premises, and set up an independent site for Customs inspection for all the premises in the enclosed area.


When necessary, Customs may send staff to exercise control at the checkpoints to check and release means of transport and goods under Customs control.


Article 21 An operator shall release means of transport and goods under Customs control upon the strength of the paper-form release document and electronic release information given by Customs.


Article 22 For Customs to inspect means of transport or goods, an operator shall, in accordance with the requirements specified by Customs, move the goods to the corresponding field, and provide conditions for Customs to inspect the means of transport or goods or select sample goods.


Where Customs directly opens the package of goods for inspection, re-inspection or sampling by itself, an operator shall send staff to the site to provide assistance, and sign on the relevant documents.


Article 23 An operator shall timely report to Customs situations about goods stored in Customs control premises for three months or more, and assist Customs with the relevant formalities.


Article 24 Where an operator terminates the operation of Customs control premises it has been running or the premises are deregistered by Customs, the operator shall dispose of the goods under Customs control stored in the premises in accordance with the requirements specified by Customs.


Article 25 An operator shall establish systems related to Customs control for management of staff, documents, equipment, security, duty shifts, etc. and pursue continuous improvement of the systems.

Customs control premises shall be staffed with corresponding management personnel, who shall be familiarized with Customs operations and legal provisions related thereto through training.

Nobody except security guards and persons on duty may reside in Customs control premises.


Chapter IV Supplementary Provisions


Article 26 Acts in violation of these Rules that constitute smuggling, breaches of provisions on Customs control or other breaches of the Customs Law, shall be dealt with by Customs in accordance with the relevant provisions of the Customs Law and the Regulations of the People’s Republic of China on Implementing Customs Administrative Penalty. Where such an act constitutes a crime, criminal liability shall be imposed accordingly.


Article 27 The right of interpretation of these Rules shall remain with the General Administration of Customs.


Article 28 These Rules shall come into force as of March 1, 2008.


Annexes:

1. Standards for the Establishment of Customs Control Premises of the People’s Republic of China

2. Application for Registration of Customs Control Premises of the People’s Republic of China

3. Decision of the Customs of the People’s Republic of China on Approving the Establishment of Customs Control Premises

4. Decision of the Customs of the People’s Republic of China on Disapproving the Establishment of Customs Control Premises

5. Registration Certificate of Customs Control Premises of the People’s Republic of China

6. Application for Changes of Customs Control Premises of the People’s Republic of China

7. Application for Continuance of Customs Control Premises of the People’s Republic of China

8. Sign Plate for Customs Control Premises of the People’s Republic of China (Sample)



Annex 1

Standards for the Establishment of Customs Control Premises of the
People’s Republic of China


I. Customs Control Premises at Marine Terminals

A. General Marine Terminals (comprehensive cargo terminals, container terminals, terminals for bulk and general cargo, etc.)

(a) There shall be an independent enclosed area;

(b) An enclosing wire mesh fence or fencing wall shall be set up, which shall be 2.5m or more in height;

(c) Checkpoints shall be set up at the entrance and the exit of passages, and equipment and facilities in line with the requirements of Customs control (electronic barriers, electronic reading-writing devices, electronic identification devices, electronic monitoring devices, electronic weigh bridges, etc.) shall be deployed at the checkpoints and be connected with the computers of Customs;

(d) Computerized management systems shall be deployed, which shall be connected with the computers of Customs and capable of transmitting and exchanging electronic data formatted in accordance with the requirements specified by Customs, and Customs may have access to such systems to make inquiries and collect statistical data concerning the berth locations of means of transport, the storage locations of goods and the handling of the goods;

(e) A video monitoring system with storage function (the videos shall be stored for at least three months) shall be installed for Customs to exercise control over the premises, and the lighting and monitoring systems of the premises shall be able to meet Customs needs for all-directional round-the-clock monitoring;

(f) There shall be warehouses, sites and facilities dedicated to storing, stacking, loading and unloading goods under Customs control, and distinctive labels shall be clearly indicated thereon;

(g) A site which can meet Customs needs for inspection of goods shall be provided, and equipment and devices which can facilitate such inspection shall be deployed;

(h) In light of the needs of Customs, the sites and facilities which are needed for large-scale container inspection systems, etc. shall be set aside in advance;

(i) A warehouse for storing goods withheld by Customs shall be provided; and

(j) Necessary office premises shall be provided for Customs, which shall be equipped with conditions for Internet access, communications, heating, cooling, rest, sanitation, etc..

B. Specialized Marine Terminals (specialized terminals for chemicals, for grain and edible oil, for coal, for bulk cement, for bulk minerals, for repairing vessels, etc.)

(a) There shall be an independent enclosed area;

(b) An enclosing wire mesh fence or fencing wall shall be set up, which shall be 2.5m or more in height;

(c) Checkpoints shall be set up at the entrance and the exit of passages, and equipment and facilities in line with the requirements of Customs control (electronic barriers, electronic monitoring devices, electronic weigh bridges, etc.) shall be deployed at the checkpoints and be connected with the computers of Customs;

(d) Computerized management systems shall be deployed, which shall be connected with the computers of Customs and capable of transmitting and exchanging electronic data formatted in accordance with the requirements specified by Customs, and Customs may have access to such systems to make inquiries and collect statistical data concerning the berth locations of means of transport, the storage locations of goods and the handling of the goods;

(e) A video monitoring system with storage function (the videos shall be stored for at least three months) shall be installed for Customs to exercise control over the premises, and the lighting and monitoring systems of the premises shall be able to meet Customs needs for all-directional round-the-clock monitoring;

(f) There shall be facilities dedicated to storing, stacking, loading and unloading goods under Customs control, and distinctive labels shall be clearly indicated thereon;

(g) Corresponding protection equipment shall be provided for Customs to exercise control safely; and

(h) Necessary office premises shall be provided for Customs, which shall be equipped with conditions for Internet access, communications, heating, cooling, rest, sanitation, etc..

II. Points under Customs Control for Highway Customs Transit (vehicle inspection yards of a land port, straight-through points under Customs control, vehicle inspection yards for Customs transit, international logistic centers, etc.)

(a) There shall be an independent enclosed area;

(b) An enclosing wire mesh fence or fencing wall shall be set up, which shall be 2.5m or more in height;

(c) Checkpoints shall be set up at the entrance and the exit of passages, and equipment and facilities in line with the requirements of Customs control (electronic barriers, electronic reading-writing devices, electronic identification devices, electronic monitoring devices, electronic weigh bridges, etc.) shall be deployed at the checkpoints and be connected with the computers of Customs;

(d) Computerized management systems shall be deployed, which shall be connected with the computers of Customs and capable of transmitting and exchanging electronic data formatted in accordance with the requirements specified by Customs, and Customs may have access to such systems to make inquiries and collect statistical data concerning the parking locations of means of transport, the storage locations of goods and the handling of the goods;

(e) A video monitoring system with storage function (the videos shall be stored for at least three months) shall be installed for Customs to exercise control over the premises, and the lighting and monitoring systems of the premises shall be able to meet Customs needs for all-directional round-the-clock monitoring;

(f) There shall be warehouses, sites and facilities dedicated to storing, stacking, loading and unloading goods under Customs control, and distinctive labels shall be clearly indicated thereon;

(g) A site which can meet Customs needs for inspection of goods shall be provided, and equipment and devices which can facilitate such inspection shall be deployed;

(h) A warehouse for storing goods withheld by Customs shall be provided;

(i) In light of the needs of Customs, the sites and facilities which are needed for large-scale container inspection systems, etc. shall be set aside in advance; and

(j) Necessary office premises shall be provided for Customs, which shall be equipped with conditions for Internet access, communications, heating, cooling, rest, sanitation, etc..

III. Customs Control Premises at a Land Border Station (vehicle inspection yards at a land border station, points under Customs control at a land border station, Customs inspection fields at a land border station, etc.)

(a) The premises shall be located within the Customs control area of a land border station which is opened to the outside world with the official approval of the State, and there shall be an independent enclosed area;

(b) Checkpoints shall be set up at the entrance and the exit of passages, and equipment and facilities in line with the requirements of Customs control (electronic barriers, electronic monitoring devices, electronic weigh bridges, etc.) shall be deployed at the checkpoints and be connected with the computers of Customs;

(c) Computerized management systems shall be deployed, which shall be connected with the computers of Customs and capable of transmitting and exchanging electronic data formatted in accordance with the requirements specified by Customs, and Customs may have access to such systems to make inquiries and collect statistical data concerning the parking locations of means of transport, the storage locations of goods and the handling of the goods;

(d) There shall be warehouses, sites and facilities dedicated to storing, stacking, loading and unloading goods under Customs control, and distinctive labels shall be clearly indicated thereon;

(e) A site which can meet Customs needs for inspection of goods shall be provided, and equipment and devices which can facilitate such inspection shall be deployed;

(f) In light of the needs of Customs, the sites and facilities which are needed for large-scale container inspection systems, etc. shall be set aside in advance;

(g) ) A video monitoring system with storage function (the videos shall be stored for at least three months) shall be installed for Customs to exercise control over the premises, and the lighting and monitoring systems of the premises shall be able to meet Customs needs for all-directional round-the-clock monitoring;

(h) A warehouse for storing goods withheld by Customs shall be provided; and

(i) Necessary office premises shall be provided for Customs, which shall be equipped with conditions for Internet access, communications, heating, cooling, rest, sanitation, etc..

IV. Customs Control Premises at Air and Railway Cargo Terminals

A. Air Cargo Terminals

(a) There shall be an independent enclosed area;

(b) An enclosing wire mesh fence or fencing wall shall be set up, which shall be 2.5m or more in height;

(c) Checkpoints shall be set up at the entrance and the exit of passages, and equipment and facilities in line with the requirements of Customs control (electronic barriers, electronic reading-writing devices, electronic identification devices, electronic monitoring devices, electronic weigh bridges, etc.) shall be deployed at the checkpoints and be connected with the computers of Customs;

(d) Computerized management systems shall be deployed, which shall be connected with the computers of Customs and capable of transmitting and exchanging electronic data formatted in accordance with the requirements specified by Customs, and Customs may have access to such systems to make inquiries and collect statistical data concerning the parking locations of means of transport, the storage locations of goods and the handling of the goods;

(e) A video monitoring system with storage function (the videos shall be stored for at least three months) shall be installed for Customs to exercise control over the premises, and the lighting and monitoring systems of the premises shall be able to meet Customs needs for all-directional round-the-clock monitoring;

(f) There shall be warehouses, sites and facilities dedicated to storing, stacking, loading and unloading goods under Customs control, which shall be classified into different categories (imported, exported, withheld and special) and stored in different sections accordingly in an isolated manner, with distinctive labels clearly indicated thereon;

(g) A site which can meet Customs needs for inspection of goods shall be provided, and equipment and devices which can facilitate such inspection shall be deployed; and

(h) Necessary office premises shall be provided for Customs, which shall be equipped with conditions for Internet access, communications, heating, cooling, rest, sanitation, etc..

B. Railway Cargo Terminals

(a) There shall be an independent enclosed area;

(b) An enclosing wire mesh fence or fencing wall shall be set up, which shall be 2.5m or more in height;

(c) Checkpoints shall be set up at the entrance and the exit of passages, and equipment and facilities in line with the requirements of Customs control (electronic barriers, electronic monitoring devices, electronic weigh bridges, etc.) shall be deployed at the checkpoints and be connected with the computers of Customs;

(d) Computerized management systems shall be deployed, which shall be connected with the computers of Customs and capable of transmitting and exchanging electronic data formatted in accordance with the requirements specified by Customs, and Customs may have access to such systems to make inquiries and collect statistical data concerning the parking locations of means of transport, the storage locations of goods and the handling of the goods;

(e) A video monitoring system with storage function (the videos shall be stored for at least three months) shall be installed for Customs to exercise control over the premises, and the lighting and monitoring systems of the premises shall be able to meet Customs needs for all-directional round-the-clock monitoring;

(f) There shall be warehouses, sites and facilities dedicated to storing, stacking, loading and unloading goods under Customs control, and distinctive labels shall be clearly indicated thereon;

(g) A site which can meet Customs needs for inspection of goods shall be provided, and equipment and devices which can facilitate such inspection shall be deployed;

(h) In light of the needs of Customs, the sites and facilities which are needed for large-scale container inspection systems, etc. shall be set aside in advance;

(i) A warehouse for storing goods withheld by Customs shall be provided; and

(j) Necessary office premises shall be provided for Customs, which shall be equipped with conditions for Internet access, communications, heating, cooling, rest, sanitation, etc..

V. Customs Control Premises at Yards

A. General Freight Yards (container yards, yards for bulk and general cargo, etc.)

(a) There shall be an independent enclosed area;

(b) An enclosing wire mesh fence or fencing wall shall be set up, which shall be 2.5m or more in height;

(c) Checkpoints shall be set up at the entrance and the exit of passages, and equipment and facilities in line with the requirements of Customs control (electronic barriers, electronic reading-writing devices, electronic identification devices, electronic monitoring devices, electronic weigh bridges, etc.) shall be deployed at the checkpoints and be connected with the computers of Customs;

(d) Computerized management systems shall be deployed, which shall be connected with the computers of Customs and capable of transmitting and exchanging electronic data formatted in accordance with the requirements specified by Customs, and Customs may have access to such systems to make inquiries and collect statistical data concerning the berth/parking locations of means of transport, the storage locations of goods and the handling of the goods;

(e) A video monitoring system with storage function (the videos shall be stored for at least three months) shall be installed for Customs to exercise control over the premises, and the lighting and monitoring systems of the premises shall be able to meet Customs needs for all-directional round-the-clock monitoring;

(f) There shall be warehouses, sites and facilities dedicated to storing, stacking, loading and unloading goods under Customs control, and distinctive labels shall be clearly indicated thereon;

(g) A site which can meet Customs needs for inspection of goods shall be provided, and equipment and devices which can facilitate such inspection shall be deployed;

(h) A warehouse for storing goods withheld by Customs shall be provided;

(i) In light of the needs of Customs, the sites and facilities which are needed for large-scale container inspection systems, etc. shall be set aside in advance. Cargo inspection equipment installed by the operator of the yard on its own initiative shall be connected with the computers of Customs; and

(j) Necessary office premises shall be provided for Customs, which shall be equipped with conditions for Internet access, communications, heating, cooling, rest, sanitation, etc..

B. Newly Built Yards Dedicated to Containers Only

(a) There shall be an independent enclosed area;

(b) An enclosing wire mesh fence or fencing wall shall be set up, which shall be 2.5m or more in height;

(c) Checkpoints shall be set up at the entrance and the exit of passages, and equipment and facilities in line with the requirements of Customs control (electronic barriers, electronic monitoring devices, etc.) shall be deployed at the checkpoints and be connected with the computers of Customs;

(d) Computerized management systems shall be deployed, which shall be connected with the computers of Customs and capable of transmitting and exchanging electronic data formatted in accordance with the requirements specified by Customs, and Customs may have access to such systems to make inquiries and collect statistical data concerning the berth/parking locations of means of transport, the storage locations of goods and the handling of the goods;

(e) A video monitoring system with storage function (the videos shall be stored for at least three months) shall be installed for Customs to exercise control over the premises, and the lighting and monitoring systems of the premises shall be able to meet Customs needs for all-directional round-the-clock monitoring; and

(f) Necessary office premises shall be provided for Customs, which shall be equipped with conditions for Internet access, communications, heating, cooling, rest, sanitation, etc..

VI. Customs Control Premises at Warehouses (comprehensive warehouses, flight food supply warehouses, import distribution warehouses, export consolidation warehouses, warehouses for exhibition control, etc.)

(a) There shall be an independent enclosed area;

(b) Checkpoints shall be set up at the entrance and the exit of passages, and equipment and facilities in line with the requirements of Customs control (electronic barriers, electronic reading-writing devices, electronic identification devices, electronic monitoring devices, electronic weigh bridges, etc.) shall be deployed at the checkpoints and be connected with the computers of Customs;

(c) Computerized management systems shall be deployed, which shall be connected with the computers of Customs and capable of transmitting and exchanging electronic data formatted in accordance with the requirements specified by Customs, and Customs may have access to such systems to make inquiries and collect statistical data concerning the berth/parking locations of means of transport, the storage locations of goods and the handling of the goods;

(d) A video monitoring system with storage function (the videos shall be stored for at least three months) shall be installed for Customs to exercise control over the premises, and the lighting and monitoring systems of the premises shall be able to meet Customs needs for all-directional round-the-clock monitoring;

(e) A site which can meet Customs needs for inspection of goods shall be provided, and equipment and devices which can facilitate such inspection shall be deployed;

(f) A warehouse for storing goods withheld by Customs shall be provided; and

(g) Necessary office premises shall be provided for Customs, which shall be equipped with conditions for Internet access, communications, heating, cooling, rest, sanitation, etc..

VII. Customs Control Premises at Tank Yards (tank yards dedicated to storing liquids or gases, etc.)

(a) There shall be an independent enclosed area;

(b) Checkpoints shall be set up at the entrance and the exit of passages, and equipment and facilities in line with the requirements of Customs control (electronic barriers, electronic monitoring devices, etc.) shall be deployed at the checkpoints and be connected with the computers of Customs;

(c) Computerized management systems shall be deployed, which shall be connected with the computers of Customs and capable of transmitting and exchanging electronic data formatted in accordance with the requirements specified by Customs, and Customs may have access to such systems to make inquiries and collect statistical data concerning the berth/parking locations of means of transport, the storage locations of goods and the handling of the goods;

(d) A video monitoring system with storage function (the videos shall be stored for at least three months) shall be installed for Customs to exercise control over the premises, and the lighting and monitoring systems of the premises shall be able to meet Customs needs for all-directional round-the-clock monitoring;

(e) Measurement instruments which meet Customs requirements shall be installed on the tanks to ensure the data collected are original, truthful and accurate, and shall be connected with the computers of Customs;

(f) Corresponding protection equipment shall be provided for Customs to exercise control safely; and

(g) Necessary office premises shall be provided for Customs, which shall be equipped with conditions for Internet access, communications, heating, cooling, rest, sanitation, etc..

VIII. Customs Control Premises for Express Items

(a) There shall be an independent enclosed area;

(b) Checkpoints shall be set up at the entrance and the exit of passages, and equipment and facilities in line with the requirements of Customs control (electronic barriers, electronic reading-writing devices, electronic identification devices, electronic monitoring devices, small electronic weigh bridges, etc.) shall be deployed at the checkpoints and be connected with the computers of Customs;

(c) Computerized management systems shall be deployed, which shall be connected with the computers of Customs and capable of transmitting and exchanging electronic data formatted in accordance with the requirements specified by Customs, and Customs may have access to such systems to make inquiries and collect statistical data concerning the parking locations of means of transport, the storage locations of goods and the handling of the goods;

(d) There shall be carousels and automatic sorting equipment;

(e) A video monitoring system with storage function (the videos shall be stored for at least three months) shall be installed for Customs to exercise control over the premises, and the lighting and monitoring systems of the premises shall be able to meet Customs needs for all-directional round-the-clock monitoring;

(f) There shall be warehouses, sites and facilities dedicated to storing, stacking, loading and unloading goods under Customs control, and distinctive labels shall be clearly indicated thereon;

(g) A site which can meet Customs needs for inspection of goods shall be provided, and equipment and devices which can facilitate such inspection shall be deployed;

(h) In light of the needs of Customs, the sites and facilities which are needed for Customs control equipment shall be set aside in advance;

(i) A warehouse for storing goods withheld by Customs shall be provided; and

(j) Necessary office premises shall be provided for Customs, which shall be equipped with conditions for Internet access, communications, heating, cooling, rest, sanitation, etc..

IX. Customs Control Premises for Barter Trade along Border Areas (barter trade sites at borders, barter trade areas at borders, border trade markets, etc.)

(a) There shall be a clear line of demarcation and an enclosing wire mesh fence or fencing wall which shall be 2.5m or more in height;

(b) Checkpoints shall be set up at the entrance and the exit of passages. When conditions allow, equipment and facilities in line with the requirements of Customs control (electronic barriers, electronic weigh bridges, electronic monitoring devices, etc.) shall be deployed at the checkpoints and be connected with the computers of Customs;

(c) When conditions allow, a video monitoring system with storage function (the videos shall be stored for at least three months) shall be installed for Customs to exercise control over the premises, and the lighting and monitoring systems of the premises shall be able to meet Customs needs for all-directional round-the-clock monitoring; and

(d) Appropriate office premises and facilities shall be provided for Customs. Such office premises shall be equipped with conditions for Internet access, communications, heating, cooling, rest, sanitation, etc..

X. Customs Control Premises at Berth Sites for Taiwan Vessels

(a) There shall be an independent enclosed area;

(b) An enclosing wire mesh fence or fencing wall shall be set up, which shall be 2.5m or more in height;

(c) Checkpoints shall be set up at the entrance and the exit of passages. When conditions allow, equipment and facilities in line with the requirements of Customs control (electronic barriers, electronic weigh bridges, electronic monitoring devices, etc.) shall be deployed at the checkpoints and be connected with the computers of Customs;

(d) When conditions allow, a video monitoring system with storage function (the videos shall be stored for at least three months) shall be installed for Customs to exercise control over the premises, and the lighting and monitoring systems of the premises shall be able to meet Customs needs for all-directional round-the-clock monitoring; and

(e) Corresponding office premises and facilities shall be provided for Customs. Such office premises shall be equipped with conditions for Internet access, communications, heating, cooling, rest, sanitation, etc..

XI. Customs Control Premises for Passenger Operations (e.g., sites for clearance of incoming and outgoing passengers at land ports, sea ports and airports)

(a) There shall be an independent enclosed area;

(b) Entry and exit passages shall be set up in the enclosed area for departure or arrival, which shall be classified into Goods-to-Declare passage, Nothing-to-Declare passage, Diplomatic and Courteous passage, and Employees-Only passage;

(c) The passages shall be separated from one another and comply with the requirements of Customs control. For each passage, necessary ports shall be set aside in advance for future access to electricity and the Internet;

(d) Both the Goods-to-Declare passage and the Nothing-to-Declare passage shall be divided vertically into a declaration area, an inspection area and a disposal area;

(e) A video monitoring system with storage function (the videos shall be stored for at least three months) shall be installed for Customs to exercise control over the premises, and the lighting and monitoring systems of the premises shall be able to meet Customs needs for all-directional round-the-clock monitoring;

(f) A baggage inspection platform and a bulletin board for Customs regulations (including electronic bulletin board) shall be provided for Customs, and labels for different passages of Customs control as well as on-site isolation facilities shall also be installed;

(g) An open layout shall be adopted for the departure section, a baggage system with the functions of remote image analysis and control as well as a five-level security check system shall be installed, and corresponding networks and equipment shall be set up to provide real-time and accurate electronic information on transfer passengers;

(h) A warehouse for storing goods and articles withheld by Customs shall be provided; and

(i) Working premises and facilities dedicated to collection of Customs duties and taxes, inquiries, video monitoring, testing of drugs, and censorship of printed matter and audio-visual products shall be provided for Customs, and such premises shall be equipped with conditions for Internet access, communications, heating, cooling, rest, sanitation, etc..

XII. Customs Control Premises for International Mails (international mail exchange offices, international mail exchange stations, etc.)

(a) There shall be an independent enclosed area;

(b) Computerized management systems shall be deployed, which shall be connected with the computers of Customs and capable of transmitting and exchanging electronic data formatted in accordance with the requirements specified by Customs, and Customs may have access to such systems to make inquiries and collect statistical data concerning the parking locations of means of transport, the storage locations of goods and the handling of the goods;

(c) A video monitoring system with storage function (the videos shall be stored for at least three months) shall be installed for Customs to exercise control over the premises, and the lighting and monitoring systems of the premises shall be able to meet Customs needs for all-directional round-the-clock monitoring;

(d) There shall be warehouses, sites and facilities dedicated to storing, stacking, loading and unloading mails under Customs control, and distinctive labels shall be clearly indicated thereon;

(e) There shall be a site which can satisfy the requirements of Customs inspection of mails;

(f) The mail sorting equipment and x-ray inspection equipment of the premises shall be connected with the computers of Customs;

(g) The sites and facilities needed for Customs inspection equipment shall be provided in light of the needs of Customs;

(h) A warehouse for storing mails withheld by Customs shall be provided; and

(i) Working premises for acceptance of declarations, video monitoring, testing of drugs, and censorship of printed matter and audio-visual products shall be provided for Customs, and such premises shall be equipped with conditions for Internet access, communications, heating, cooling, rest, sanitation, etc..

XIII. Inspection Sites within Customs Control Premises

(a) An Enclosed Inspection Site with a Roof. The height of the ground shall be suitable for the docking of containers or container vans, and the size of the docking doors shall be able to meet the needs of closed docking and convenient for the up and down handling operations by forklift trucks.

There shall be a vehicle parking area, a manual examination area and an x-ray cargo inspection area, and corresponding loading and unloading equipment and facilities shall be deployed.

(b) A Platform-shaped Inspection Site. The height of the inspection platform shall be suitable for the parking of container trucks or container vans and convenient for the up and down handling operations by forklift trucks.

There shall be a vehicle parking area, a manual examination area and an x-ray cargo inspection area, and corresponding loading and unloading equipment and facilities shall be deployed.


Annex 2

Application for Registration of Customs Control Premises of the

People’s Republic of China

________ Customs:

Our company has the intention of establishing _______________________________________________________________________ in _______________________________________________________________, and hereby makes application to you for approval.

We look forward to a favourable response.

Yours faithfully,

Name of Applicant Company (Stamp)

Date: yyyy-mm-dd

Encl.: 1. Basic information on the applicant company

2. A photocopy of the duplicate of the Business License issued by the industrial and commercial authority

3. A photocopy of the duplicate of the Tax Registration Certificate

4. Other professional certificates (Fire Safety Certificate, Certificate for Loading, Unloading and Storage of Dangerous or Explosive Articles, Professional Measurement Certificate, or Gauge Table, etc.)

5. Site plan of the premises and relevant documents in electronic form

6. Relevant rules and regulations for management of the premises and account books


Basic Information on Applicant Company

Name of Customs Control Premises in Point: ____________________________________________

Name of Port: ______________________ Approving Authority: __________________________

Approval Document No.:_____________________ Company Name: ________________________

Area of the Premises:___________________ Nature of Company: __________________________

Business Scope Applied for: __________________ Registered Capital: _______(ten thousand yuan)

Address of the Premises:______________________________________ Zip Code: _____________

Contact Person of the Premises and Telephone Number: ___________________________________

Legal Representative of the Company and Telephone Number: ______________________________

Business License No.: __________________ Tax Registration Certificate No.: _________________

Organization Code: _________________

Running other Customs control premises or not? ________

If yes, name of other Customs control premises: ___________________________

Ownership of the Premises in Point: Proprietary[ ] Leased[ ](Owner: 

Our company hereby declares that the information given in this form and in any of the accompanying documents submitted to Customs is true and compliant with Customs regulations, and will assume legal liabilities arising therefrom.

Legal Representative (Signature):

Applicant Company (Stamp)

Date: yyyy-mm-dd


Annex 3

Decision of __________ Customs of the People’s Republic of China on Approving the Establishment of Customs Control Premises

File No.: (1) Guan Suo Zi No. (2)

(3) :

Upon examination, your application for establishment of Customs control premises in(4) complies with the requirements specified in the Rules of the General Administration of Customs of the People’s Republic of China on Administration of Customs Control Premises, and is hereby approved.

_________ Customs of the People’s Republic of China (Stamp)

Date: yyyy-mm-dd

Instructions:

(1) Abbreviated name of the Customs house;

(2) File number of the Customs house;

(3) Name of the applicant company;

(4) Location where the premises in point are to be established. 


Annex 5

Registration Certificate of Customs Control Premises

_______ Customs of the People’s Republic of China

File No.: (1) Guan Suo Zi No. (2)

(3) :

Upon examination, your application for establishment of Customs control premises in(4) complies with the requirements specified in the Rules of the General Administration of Customs of the People’s Republic of China on Administration of Customs Control Premises, and is hereby approved for registration. The Customs code for the premises is (5) .

This registration certificate shall be valid until _____ (yyyy) _____ (mm) _____(dd).

________ Customs of the People’s Republic of China (Stamp)

Date: yyyy-mm-dd


Instructions:

(1) Abbreviated name of the Customs house;

(2) Certificate number;

(3) Name of the applicant company;

(4) Name of the Customs control premises in point;

(5) Code for the Customs control premises in point.



Annex 6

Application for Changes of Customs Control Premises of the

People’s Republic of China

(1) Guan Geng Shen (2) No. (3)

(4) Customs:

With the approval of Customs, our company went through the registration formalities for Customs control premises in _________________(5)________________ on ________(yyyy)_______(mm)_______(dd). The registration certificate number is _________(6)_________.

Now we have the intention of making adjustments to some particulars of the premises and hereby make application to you for approval.

We look forward to a favourable response.

Yours faithfully,

Name of Applicant Company (Stamp)

Date: yyyy-mm-dd

Encl.: 1. Basic information on the applicant company

2. A photocopy of the duplicate of the Business License issued by the industrial and commercial authority

3. A photocopy of the duplicate of the Tax Registration Certificate

4. Other professional certificates (Fire Safety Certificate, Certificate for Loading, Unloading and Storage of Dangerous or Explosive Articles, Professional Measurement Certificate, or Gauge Table, etc.)

5. Site plan of the premises and relevant documents in electronic form

6. Relevant rules and regulations for management of the premises and account books



Instructions:

(1) Abbreviated name of the Customs house to which the application is addressed;

(2) Year of application;

(3) Sequential number given by Customs;

(4) Name of the Customs house;

(5) Name of the Customs control premises in point;

(6) Ten-digit code given by Customs.

Note: This application is made in duplicate.


Basic Information on Applicant Company

Name of Customs Control Premises in Point: ____________________________________________

Name of Port: ______________________ Approving Authority: __________________________

Approval Document No.:_____________________ Company Name: ________________________

Area of the Premises:___________________ Nature of Company: __________________________

Business Scope Applied for: __________________ Registered Capital: _______(ten thousand yuan)

Address of the Premises:______________________________________ Zip Code: _____________

Contact Person of the Premises and Telephone Number: ___________________________________

Legal Representative of the Company and Telephone Number: ______________________________

Business License No.: __________________ Tax Registration Certificate No.: _________________

Organization Code: _________________

Running other Customs control premises or not? ________

If yes, name of other Customs control premises: ___________________________

Ownership of the Premises in Point: Proprietary[ ] Leased[ ](Owner: 

Our company hereby declares that the information given in this form and in any of the accompanying documents submitted to Customs is true and compliant with Customs regulations, and will assume legal liabilities arising therefrom.

Legal Representative (Signature):

Applicant Company (Stamp)

Date: yyyy-mm-dd


Customs Verification

Description of the on-site acceptance check:

Checked by:

Date: yyyy-mm-dd

Opinions of the Customs house directly under the GAC:

Put forward by:

Verified by:

Date: yyyy-mm-dd

Approved by:

Administrative Stamp

Date: yyyy-mm-dd


Annex 7

Application for Continuance of Customs Control Premises of the

People’s Republic of China

Customs:

The ____________________________________ run by our company strictly abides by rules and regulations set by Customs during operations, complies with the requirements specified in the Rules of the General Administration of Customs of the People’s Republic of China on Administration of Customs Control Premises, and is operating well.

Since the Registration Certificate of Customs Control Premises of the People’s Republic of China is about to expire, we hereby make application to you for extension of the valid term of the said registration certificate.

We look forward to a favourable response.

Yours faithfully,

Legal Representative (Signature):

Applicant Company (Stamp)

Date: yyyy-mm-dd


Annex 8

Sign Plate for Customs Control Premises of the People’s Republic of China (Sample)

Customs Control Premises

___________ Customs

The People’s Republic of China

.

Instructions:
1.The sign plate shall be 0.6m long and 0.45m wide, made of copper-coated stainless steel plate with a matte yellow front, and written uniformly in black bold font;
2.The name of Customs house on the sign plate shall be that of a Customs house directly under the GAC;
3.The Customs control premises shall be given a number in accordance with the coding rules of Customs for registration of such premises.




( All information in this document is authentic in Chinese. English is provided for reference only. In case of any discrepancy, the Chinese version shall prevail.)


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STATEMENT

General Administration of Customs of the People's Republic of China

Address: No.6. Jianguomennei Avenue, Dongcheng District, Beijing, China        Postcode: 100730