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CUSTOMS REGULATIONS ON CLEARANCE OF ENTERING AND EXITING PASSENGERS

PRC Customs Regulations on Clearance of Entering and Exiting Passengers

     Article 1 This set of regulations has been formulated in accordance with The Customs Law of the PRC and other related laws and regulations.

   Article 2 The terms "customs clearance" in this set of regulations refer to the formalities of presenting of declarations by the entering and exiting passengers to the customs and the checking, duty levying or exempting and letting pass of passengers' luggage and goods by the customs in accordance with the law, or other related supervision formalities.

The term "declarations" in this set of regulations refers to the presenting by entering and exiting passengers of written statements to the customs on the state of luggage and goods they brought in or out in order as to meet their obligations stipulated in laws and regulations of the PRC Customs.

   Article 3 Entering and exiting passengers who are required to go through declaration formalities with the customs shall first submit the filled- out Entering and Exiting Passengers' Declaration Form of Luggage of the PRC or other required declaration documents to the customs at the declaration desk to truthfully declare the state of luggage they bring in or out.

Statements made at other places and times or through other means other than those specified above by the entering and exiting passengers on the state of their luggage shall not be considered declarations by the customs.

   Article 4 The declaration formalities shall be handled by the passengers themselves with the customs. If the passenger entrusts others to fill in the required forms, he/she shall have his/her own signature in the form. Those entrusted to handle the declaration formalities shall abide by the related provisions of this set of regulations and bear other related legal responsibilities.

   Article 5 When making declarations with the customs, the entering and exiting passengers shall present valid traveling papers and identification documents and submit for verification certificates issued by responsible PRC departments approving the import/export of the pertaining goods as well as business vouchers and other necessary documents.

   Article 6 Duplicates of the declaration papers and other special declaration papers after cleared and sealed by the customs shall be well kept by the passengers concerned during their effective period or during the customs supervision period and are to be actively presented when applying for collection, divide or transshipment of the luggage, or purchase of duty or duty-free foreign exchange goods or going through other formalities by the passengers.

   Article 7 At sites under the supervision of the customs, special declaration desks shall be established along the customs channels for the passengers to declare incoming or exiting goods.

Sites under the supervision of the customs upon approval by the PRC Customs to practise double-channel systems can establish separately "declaration channel" (or red channel) and "non-declaration channel" (or blue channel) for the choice of the entering and exiting passengers in accordance with their status.

   Article 8 The following categories of entering passengers shall declare with the customs and submit declaration papers to the customs for goods entrance formalities:

1. passengers bringing with goods that have to be levied duties by the customs or are in restricted quantity of duty-free listed in the second, third and fourth categories of the Classification Table of Goods Carried by Entering and Exiting Passengers (excluding limited quantities of duty-free cigarettes and wines);

2. non-resident passengers or resident passengers with re-entry visas of the forwarding countries (regions) bringing with more than one of each of the following personal effects: cameras, portable cassette players and recorders, small cinecameras, camcorders, portable word processors;

3. passengers bringing with more than RMB 6,000 or gold and silver products heavier than 50 grams;

4. non-resident passengers bringing with foreign exchange cash valued at more than US$5,000;

5. resident passengers bringing with foreign exchange cash valued at over US$1,000;

6. passengers bringing with goods or goods samples exceeding the limit of personal consumption; and

7. passengers bringing with animals, plants or their derivative products that are restricted under China's quarantine laws and regulations or other goods that should go through clearance formalities with the customs.

   Article 9 The following categories of exiting passengers shall declare with the customs and submit declaration papers to the customs for goods exiting formalities:

1. passengers bringing cameras, portable cassette players and recorders, small cinecameras, camcorders, portable word processors and other personal effects for traveling that would be brought back to China;

2. passengers who fail to bring the original goods to be brought out, or fail to go through customs formalities for temporarily duty-free goods brought in at entrance;

3. passengers bringing with foreign exchanges or gold, silver or their derivatives larger than the declared amount at entrance brought in or without; export permission papers;

4. passengers bringing with more than RMB 6,000;

5. passengers bringing with cultural relics;

6. passengers bringing with cargoes or goods samples;

7. passengers bringing with goods at quantities larger than the limits or quotas as stipulated by the customs or other limits;

8. passengers bringing with animals, plants or their derivative products that are restricted under China's quarantine laws and regulations or other goods that should go through clearance formalities with the customs.

   Article 10 At sites under the supervision of the customs where there are two channels, passengers specified in Articles 8 and 9 shall choose the "declaration channel."

   Article 11 Passengers not sure about which channel they should take shall go through the (declaration channel" for declaration formalities.

   Article 12 Passengers other than those specified in Articles 8, 9 and 11 may not go through declaration formalities with the customs. In sites with double-channel customs systems, such passengers may choose "non- declaration channel" for entry or exit.

   Article 13 Non-resident passengers with diplomatic or courtesy visas issued by responsible departments of the PRC or other passengers exempted from declaration clearance, when entering or exiting, shall produce their own passports (or other valid entering or exiting papers) and identification papers at their own initiative.

   Article 14 Passengers, when entering and exiting, shall abide by this set of regulations and other supplemental provisions formulated by related customs houses with authorization from and promulgated by the General administration of Customs for the implementation of this set of regulations.

   Article 15 Passengers with entering and exiting goods failing to go through declaration formalities with the customs in accordance with related regulations and passengers specified in Articles 8, 9 and 11 that fail to choose the designated channels as stipulated shall be dealt with in accordance with related provisions of the Customs Law of the PRC and the Detailed Implementation Procedures on Administrative Sanction of the Customs Law of the PRC.

   Article 16 This set of regulations goes into effect as of January 1, 1996.

    




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