Laws of the People's Republic of China
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(Promulgated by the Customs General Administration on February 25, 1985)
Article 1. The regulations are hereby formulated in order to meet the requirements of the opening policy to the outside world and further perfect the system of import and export goods declaration.
Article 2. For the purposes of the regulations, the term "declarant units" means:
(1) Enterprises directly performing the customs procedures for imports and exports and customs formalities applicable to incoming and outgoing means of transport;
(2) Enterprises performing customs procedures and formalities for import and export, for or on behalf of consignors, consignees, passengers and/or owners or responsible persons of means of transport.
Article 3. Declarant units shall go through the customs formalities for registration with customs by presenting the following documents:
(1) Copies or photo-copies of certificates for operation approved by administrative departments of the State Council, provinces, autonomous regions, or municipalities directly under the Central Government, or by their authorized departments;
(2) Copies or photo-copies of licences for operation issued by the administrative departments for industry and commerce;
(3) Economic guarantee issued by banks (where the customs consider necessary, it should be submitted.);
(4) Applications for registration of declarant units.
Upon customs' examination and approval, a registration certificate for a declarant unit shall be issued and a deposit of 500 RMB yuan and service charges approximate to the cost shall be collected by customs.
Article 4. In accordance with customs requirements the declarant units should designate persons solely or specially assigned for the task of customs clearance, and submit to the customs concerned copies of their resumes together with two pieces of their bareheaded, fullfaced photoes when applying for registration with customs. After customs' examination and approval certificates for customs declarants shall be issued to them and then they are entitled to conduct the business of arranging for the customs clearance. The declarant unit shall be legally responsible for all the activities of its declarants concerning customs clearing matters. In case of altering declarants for some reasons, it should report to the customs for examination and approval. The customs may instruct the declarant units to alter their declarants when necessary; in case of refusal to change, their status of declarant units shall be cancelled. Declarants shall accept customs' training.
Article 5. Declarant units shall submit to the customs concerned the specimens of the seals for customs clearing, declarants seals or their signature for customs reference and file. The import or export declarations handed in by them to the customs each time must bear the seals of the declarant units and declarants (or their signatures) which have been filed with the customs. Otherwise the customs shall not accept the declarations.
Article 6. Declarant units and their declarants must abide by national policies,decrees and regulations, and customs regulations and procedures regarding the importation and exportations; must ensure that they shall conscientiously and honestly fill in the declarations, present the relevant certificates for examination, and perform customs clearing procedures for imports and exports; must take charge of opening the packages or cases of goods and of repackaging; and must pay customs duties, fines and various charges prescribed by customs in accordance with the customs regulations and requirements. If customs consider it necessary, the declarant units and declarants shall take charge of providing the contracts, accounts, bills and other relevant documents of the enterprises concerned for the customs. In case of an offence or a smuggling case having been found, customs may deal with it according to law and besides that, may suspend the clearing business of the declarant unit concerned for a definite time and revoke the certificate for the declarant involved. Any declarant unit which needs the alteration of the contents of registration should apply to the customs for the same and only after customs check and approval, can the alternation be made.
Article 7. In case a declarant unit wants to terminate its clearing operation,it should apply to the customs concerned within one month, and hand in the "registration certificate for declarant units" and the "certificates for customs declarants" to the customs for cancellation. The customs shall refund the deposit of 500 RMB yuan collected at registration.
Article 8. Enterprises which have not registered with customs are not entitled to carry out customs clearing procedures directly.
Article 9. The regulations are applicable to the various special economic zones and economic and technical development zones.
Article 10. The regulations shall come into effect as of July 1, 1985. Local customs may formulate detailed rules for implementation according to the present regulations.