Laws of the People's Republic of China

The General Administration of Customs, the State Administration of Foreign Exchange

Circular of the General Administration of Customs and the State Administration of Foreign Exchange on Strengthening the Administration of Customs Declarations of Import and Export Goods of Import Payment and Export Collection in Foreign Exchange and on Taking More Measures to Discriminate the Counterfeits

ShuJian [1996] No.28

January 10,1996

Guangdong branch of the General Administration of Customs, customs directly under the General Administration of Customs; each branch of the State Administration of Foreign Exchange in various provinces, autonomous regions, municipalities directly under the Central Government, municipalities separately listed on the State plan and special economic zones; Industrial and Commercial Bank of China, Agricultural Bank of China, Bank of China, China Construction Bank, Investment Bank of China, Bank of Communications, CITIC Industrial Bank, China Everbright Bank, Fujian Industrial Bank, Guangdong Development Bank, Shenzhen Development Bank, China Merchants Bank, China Huaxia Bank, and Shanghai Pudong Development Bank:

According to the direction of the leaders of the State Council, with a view to strengthening the administration on verification and cancellation of import payment and export collection in foreign exchange, regulating the procedures of operating foreign exchange, unifying the seal of the customs declaration of import and export goods, taking more measures to discriminate the counterfeits, preventing state's foreign exchanges from loss and cracking down crimes of smuggling foreign exchange with obtaining foreign exchange under false pretenses, arbitrage and other ways, hereinafter notify the joint circular:

1.

Administrations of Foreign Exchange and designated banks of foreign exchange should transact the verification and cancellation of import payment and export collection in foreign exchange and strengthen the administration of verification and cancellation, strictly according to the relevant documents of verification and cancellation of import payment and export collection in foreign exchange promulgated by the State Administration of Foreign Exchange.

2.

After custom declarations of imports and exports go through the procedure of examination and clearance, the customs should issue a computer-printed customs declaration with the examination seal of customs, which shall be delivered to the import or export units and be used to transact the verification and cancellation of import payment and export collection in foreign exchange.

3.

To further regulate the administration of seals on the custom declarations of import and export goods, customs shall uniformly use the examination seal of customs with anti-fake stamp-pad ink on the customs declaration which is used to transact the verification and cancellation of import payment and export collection in foreign exchange; and other seals are all of no effect.

4.

The General Administration of Customs will start to use the special customs declarations of imports and exports with anti-fake label. Before using the special customs declarations, customs declarations of imports and exports goods issued by the customs will be pasted with the label against forgery in its top right corner from March 15, 1996. (Specific measures will be notified separately.)

5.

Customs shall strictly examine and approve the consistency between the customs declaration of exports goods and the verification and cancellation form of export collection in foreign exchange, and should indicate the serial number of the verification and cancellation form of export collection in foreign exchange in the column of the ratified number of the customs declaration of exports goods.

6.

In order to avoid the alteration and forgery of the seal and other illegal things, it is necessary to check the customs-issued customs declarations of import and export goods with doubts or the one whose sum of the import payment in foreign exchange is over $500 million twice in the process of transacting the verification and cancellation of import payment and export collection in foreign exchange by administrations of foreign exchange and designated banks of foreign exchange. Verification and cancellation of import payment and export collection in foreign exchange only can be transacted after the persons or letters (registered letters enclosed the customs declaration of import or export) sent by Administrations of Foreign Exchange and designated banks of foreign exchange check with customs which is in the place where the customs declaration is issued and confirm that it has no mistakes.

7.

The import payment in foreign exchange under the trade items should be transacted according to Interim Provisions on Strengthening the Administration of Import Sale and Payment in Foreign Exchange and Verification and Cancellation (HuiGuoHanZi [95] No.195) .

8.

Each customs shall actively help and assign the special person to take charge of checking the customs declaration of import and export goods and relevant things which are taken by other administrations of foreign exchange or relevant designated banks of foreign exchange with means of assigning person or sending letters, register properly and issue the customs discrimination certificate of the customs declaration of import and export goods (see the attachment) with seal especially used in the certificate of customs in 3 working days. All the services are free.

9.

According to the requirements of the State Council on the project of golden customs, General Administration of Customs and the State Administration of Foreign Exchange will soon set up the net to transfer electric data of the customs declaration of import and export goods in import payment and export collection in foreign exchange. Before the establishment of the net, local customs with good conditions should connect their nets in advance to transfer data.

Each customs, administrations of foreign exchange and designated foreign exchange banks shall act upon this circular accordingly. And this circular will go into effect on February 1, 1996.

Attachment: Customs Discrimination Certificate of the Customs Declaration of Import and Export Goods (printed by each customs)