Customs Broker Responsibilities and Obligations
08/30/2005
Article 1 Obligations of a customs broker
When providing customs declaration services, a customs broker shall perform the following obligations:
1. Observe the laws, administrative regulations and all provisions in the rules of the General Administration of Customs, perform the responsibilities as an agent in accordance with the law, cooperate with the supervision work of the General Administration of Customs and shall not illegally use the declaration rights;
2. Establish account books and business records in accordance with the law. Record the whole progress of an entrusted customs declaration in a true, correct and complete manner, make a detailed record of import and export times, consignee, consignor, number of declaration form, value of goods, agent fees and other information, keep the various documents, notes, letters and telegrams submitted by clients intact, and accept the check and inspection from the Customs;
3. A customs broker shall enter into a written consignment agreement with a client, and the consignment agreement shall explicitly state the name and domicile of the entrusted customs broker, entrusted matters, responsibilities of both parties, term of entrustment, and name and domicile of the client as well as other information and shall be signed by both parties for confirmation;
4. Shall not transfer its name in any forms to other entities for their handling of customs declaration business;
5. In case that goods subject to an entrusted customs declaration are involved in a smuggling and in other violations of the regulations, the customs broker shall accept or assist in the investigation by the Customs.
Article 2 Custody of certificates
A customs broker or a consignor or consignee of imported or exported goods (general import and export enterprises) shall properly keep the registration certificates issued by the Customs and other relevant supporting documents. Where any of the said documentations is lost, the customs broker shall timely report the case to the Customs in writing and make an announcement that the documentation is annulled through a periodical. The Customs shall issue a new certificate within 30 days as of the day of receipt of the situation report and supporting materials for the announcement set out in the periodical. During this period, a customs broker or a consignor or consignee of imported or exported goods (general import and export enterprises) may go through the formalities for customs declaration.
Article 3 Administration of the special seal for customs declaration
The paper declaration forms for imported and exported goods submitted by a customs broker or consignor or consignee of imported or exported goods (general import and export enterprises) shall be stamped with the corresponding special seals for customs declaration. The special seal for customs declaration shall be filed with the Customs before it is used.
The special seal for customs declaration shall be engraved in accordance with the uniform requirements specified by the General Administration of Customs.
1. Administration of the special seal for customs declaration of a customs broker
A customs broker's special seal for customs declaration shall only be used for its designated ports or for a location where customs supervisory affairs are concentrated; each port or location where customs supervisory affairs are concentrated shall have only one special seal for customs declaration.
2. Administration of the special seal for customs declaration of the consignors or consignees of imported or exported goods (general import and export enterprises)
The special seal for customs declaration of the consignors or consignees of imported or exported goods (general import and export enterprises) may be used for each port all over the country or a location where customs supervisory affairs are concentrated; where there is more than one special seal for customs declaration, they shall be numbered in sequence.
Article 4 Administration of customs declarants
When any declarant subordinate to a customs broker or consignor or consignee of imported or exported goods (general import and export enterprises) leaves his/her post, the customs broker or the consignor or consignee (general import and export enterprises) shall report the matter to the Customs within 7 days as of the date of the declarant's departure and submit the declarant's certificate for deregistration to the Customs in the place where the broker or consignor or consignee is registered. In the event that the declarant fails to return his/her certificate to the customs declaration firm, the firm shall make an announcement through a periodical that his/her certificate is invalid and shall complete the formalities for the deregistration with the Customs in charge.
Article 5 Limitations on the declaration entrustment by a consignor or consignee of imported or exported goods (general import and export enterprises)
A consignor or consignee of imported or exported goods (general import and export enterprises) shall not entrust any unit or individual that has not obtained registration license or not registered with the Customs to handle the customs declaration business.
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