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Registration of Customs Brokers
12/14/2007

 

Item under administrative license: License for registration of customs brokers

Contents licensed:

The Customs approve domestic enterprise legal persons to be registered as customs brokers to conduct customs declaration business and provide customs declaration services as entrusted by consignees and consignors of imported and exported goods.  

Basis for establishment:

Article 11 of the Customs Law of the People’s Republic of China: Consignees and consignors of imported and exported goods and customs brokers must be subject to registration with the Customs according to the law for handling of declaration procedures, and customs declaration personnel must obtain the qualifications for engagement in the business of customs declaration according to the law.  

Basis for implementation:  

1.    Administrative Licensing Law of the People's Republic of China

2.    Measures of the General Administration of Customs of the People's Republic of China for Implementing the Administrative Licensing Law of the People's Republic of China (Decree of the General Administration of Customs No. 117)  

3.    Administrative Provisions of the General Administration of Customs of the People's Republic of China for Registration of Customs Brokers (Decree of the General Administration of Customs No. 127)  

4.    Announcement of the General Administration of Customs No. 18 in 2005 on Issues Related to the Implementation of the Administrative Provisions of the General Administration of Customs of the People's Republic of China for Registration of Customs Brokers

5.    Other laws, administrative regulations, rules and normative documents

Application requirements:  

A.    The following requirements shall be met by customs brokers applying for registration license

1.    Having the qualifications as a domestic enterprise legal person;  

2.    Having registered capital of no less than RMB 1.5 million;

3.    Having sound organizational structure and financial management system;

4.    Being staffed with no less than 5 customs declarers;  

5.    The investors, person in charge of the customs declaration business and customs declarers have no record of smuggling;  

6.    Person in charge of the customs declaration business has more than 5 years’ working experience in foreign trade or customs declaration;  

7.    The license for registration has never been revoked by Customs due to unlawful acts such as smuggling;  

8.    Fixed site and facilities for business operation necessary for providing customs declaration services are available; and

9.    Other conditions as required by customs supervision.  

B.    The following requirements shall be met by cross-customs district branches of customs brokers applying for registration license

1.    The conditions for establishment of branches of domestic enterprise legal person are met;  

2.    Number of customs declarers is no less than 3;  

3.    Fixed site and facilities for business operation necessary for providing customs declaration services are available;  

4.    Person in charge of the branch has more than 5 years’ working experience in foreign trade or customs declaration; and

5.    Person in charge of the customs declaration business and customs declarers have no record of smuggling;  

C.    The following requirements shall be met by customs brokers applying for registration license for the branches  

1.    It has been 2 years since the day when the customs broker obtained the Certificate of Registration of Customs Brokers of the Customs of the People's Republic of China approved and issued by the Customs;  

2.    The customs broker has not been punished due to smuggling within the most recent 2 years from the date of application;  

3.    The customs broker shall increase its registered capital by RMB 500,000 for application of each license for registration of cross-customs district branch.  

Documents to be submitted upon application:

A.    Registration license for a customs broker

1.    Application for Registration License of Customs Brokers (Annex 1);  

2.    Duplicate of the Enterprise Business License or copy of the Notice on Pre-approval of Enterprise Name;  

3.    Articles of Association;  

4.    Copy of the Capital Contribution Certificate;  

5.    Copies of the Certificates of Customs Declarers of the customs declarers employed;  

6.    Feasibility study report on conducting customs declaration business;  

7.    Curriculum vitae of the person in charge of the customs declaration business;  

8.    Certificate of ownership or leasing of the site for business operation of customs declaration services; and

9.    Other materials related to the application for registration.  

B.    Registration license for a cross-customs district branch of a customs broker

1.    Application for Registration License of Cross-Customs District Branches of Customs Brokers (Annex 2);  

2.    Copy of the Certificate of Registration of Customs Brokers of the Customs of the People's Republic of China;  

3.    Feasibility study report on conducting customs declaration business by the branch;  

4.    Copies of the Certificates of Customs Declarers of the customs declarers to be employed;  

5.    Curriculum vitae of the person in charge of the branch and the person in charge of the customs declaration business;  

6.    Certificate of ownership or leasing of the site for business operation of customs declaration services;  

7.    The evidential materials issued by the Customs directly under the GACC at the place of registration of the customs broker, which proves that the customs broker meets the conditions to apply for registration of a branch; and

8.    Other materials related to application for registration license on establishment of a branch of the customs broker.  

Handling procedures:  

A.    Application, acceptance, examination and determination of license

1.    The applicant submits application materials to the Customs at the place where it is located (identical to the place of industrial and commercial registration). If the materials are complete and conform to the legal format, the Customs will prepare and issue the Decision of Acceptance; if the materials are not complete or do not conform to the legal format and need supplement, the Customs will prepare and issue the Notification of License Application; if the applicant is not eligible for the application, the Customs will prepare and issue the Decision of Non-acceptance;  

2.    After accepting the application, the local Customs shall conduct comprehensive review according to legal conditions and procedures, complete the review within 20 days from the date of acceptance, and submit the review comments and all of the application materials to the Customs directly under the GACC;  

3.    The Customs directly under the GACC will make a decision within 20 days upon receipt of the materials, prepare and issue the Decision on Approval of Registration or Decision on Disapproval of Registration according to the law, and for the latter, the Customs shall give reasons and notify the applicant that it has the right to apply for administrative reconsideration or file an administrative lawsuit according to the law.

B.    Change of license

1.    Where there is any change in the name, registered capital or legal representative (person in charge) after the customs broker and its cross-customs district branch obtain the registration license, they shall apply to the Customs at the place of registration for change of license.  

2.    To apply for change of license, the Application for Registration Changes of Customs Brokers (Cross-Customs District Branches) (Annex 3), the original and the copy of the Certificate of Registration of Customs Brokers of the Customs of the People's Republic of China, the original and the copy of the Resolution of Enterprise Change and other materials shall be submitted.  

3.    The Customs at the place of registration conduct preliminary review according to the registration licensing procedures, and report to the Customs directly under the GACC for decision. Upon review according to the law, the Customs directly under the GACC shall make a written decision on approval of license change where legal conditions and standards are met.

C.    Extension of license

1.    The license of registration of both the customs broker and its cross-customs district branch has a term of 2 years. Where the licensee needs to extend the validity period of the license of registration, he/she shall apply to the Customs for going through the extension formalities 40 days before the expiry date of the license. Any licensee who fails to apply as required will no longer be accepted by the Customs to conduct customs declaration business.

2.    To apply for extension of license, the customs broker shall submit the Application for Extension of Registration License (Annex 4), copy of the Business License for Enterprise Legal Person, Analysis of Customs Declaration Business and Declaration Errors and Reasons, Registration Form of Customs Broker Information (Annex 5) and other materials required to be submitted as deemed by the Customs. A Cross-customs district branch applying for extension of license shall submit the copy of the duplicate of its Business License and the copy of the Certificate of Registration of Customs Brokers of the Customs of the People's Republic of China as well.  

3.    The Customs at the place of registration conduct preliminary review according to the registration licensing procedures, and report to the Customs directly under the GACC for decision. The Customs shall complete the review before the expiry date of the license of registration and make a written decision on approval of the extension of validity period of 2 years where the conditions and relevant provisions for extension of registration license are met; in case the Customs fail to make a decision within the time limit, it is deemed that the Customs approve the extension and will handle the extension procedures according to the law.

D.    Revocation of license

1.    The Customs directly under the GACC that make the decision on approval of the license of registration may revoke the said license in any of the following circumstances: (1) Customs officers make the decision on approval of the license of registration by means of abuse of power or neglect of duty; (2) Decision on approval of the license of registration is made beyond legal capacity; (3) Decision on approval of the license of registration is made in violation of legal procedures; (4) License of registration is granted to an applicant who is ineligible for application or fails to meet the legal conditions; or (5) Other circumstances where the license of registration can be revoked according to the law. In the event that the lawful rights and interests of the licensee are damaged by the revocation, the Customs will compensate for the direct loss borne by the licensee according to the law.  

2.    License of registration shall be revoked if it is obtained by the licensee through illegal means such as fraud and bribery. The interests obtained by the licensee on the basis of the license of registration are not under protection.  

3.    The license will not be revoked if the revocation may significantly damage the public interest.  

E.    Cancellation of license

The Customs shall cancel the license of registration according to the law in any of the following circumstances: (1) License of registration is not extended upon expiration; (2) License of registration is legally terminated by customs broker or its cross-customs district branch; (3) License of registration is revoked or withdrawn, or certificate of registration licensing is revoked according to the law; (4) It is impossible to implement items under the license of registration as a result of force majeure; or (5) Other circumstances provided by laws and administrative regulations where the license of registration shall be cancelled.  

Time limit for handling: See handling procedures for details.  

Charging standard: No charge.  

Acceptance department: Corporate Management Department and Field Business Department of various Customs

Office address: See the office addresses of various Customs for details.  

Office hours: See the office hours of various Customs for details.  

Contact number: See the contact numbers of various Customs for details.  

Annexes:

1.   Application for Registration License of Customs Brokers

2.   Application for Registration License of Cross-Customs District Branches of Customs Brokers

3.   Application for Registration Alterations of Customs Brokers (Cross-Customs-Districts Branches)  

4.   Application for Extension of Registration License of Cross-Customs-Districts Branches of Customs Brokers

5.    Declarer Unit Registration Form 

Other notes:

In the case of any inconsistence between the content of this guide and the current laws, administrative regulations, rules and normative documents of the Customs, the latter 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