AsianLII [Home] [Databases] [WorldLII] [Search] [Feedback]

Laws of the People's Republic of China

You are here:  AsianLII >> Databases >> Laws of the People's Republic of China >> REGULATIONS OF THE GENERAL ADMINISTRATION OF CUSTOMS ON THE IMPORT AND EXPORT OF ARTICLES BY DIPLOMATIC MISSIONS AND THEIR MEMBERS IN CHINA

[Database Search] [Name Search] [Noteup] [Help]


REGULATIONS OF THE GENERAL ADMINISTRATION OF CUSTOMS ON THE IMPORT AND EXPORT OF ARTICLES BY DIPLOMATIC MISSIONS AND THEIR MEMBERS IN CHINA

Regulations of the General Administration of Customs of the PRC on the Import and Export of Articles by Diplomatic Missions and Their Members in China

     (Effective Date:1986.12.01--Ineffective Date:)

   Article 1. These Regulations are formulated in accordance with the Regulations of the People's Republic of China on Diplomatic Privileges and Immunities.

   Article 2. Articles for official use by diplomatic missions in China (hereinafter referred to as "missions") and personal effects of members of missions may only be imported in accordance with these Regulations except where bilateral agreements stipulate otherwise.

In the preceding paragraph, the term "articles for official use" refers to articles required for direct use by missions in the performance of their functions including furniture, furnishings, office equipment and stationery, supplies fo receptions, and motor vehicles. The term "personal effects" refers to articles required for direct personal use by members of missions, their spouses and children who have not yet attained majority living with them during their stay in China, including furniture, household electrical appliances and motor vehicles.

   Article 3. Written declarations of articles for official use imported or exported by missions and personal effects conveyed into or out of China by diplomatic agents through consignment shipping or by mail shall be made to Customs. A diplomatic agent entering or leaving China shall make a verbal declaration to Customs of his personal baggage and effects accompanying him as hand luggage or on his means of transport and the items shall be released by Customs without inspection.

If however there are serious grounds for presuming that amongst the items there are articles not for official or personal use or articles the import or export of which is prohibited by Chinese laws and regulations, Customs shall be entitled to make an inspection. The inspection shall be conducted only in the presence of the diplomatic agent or his authorised representative.

   Article 4. Articles for official use declared for import by missions and personal effects declared for import by diplomatic agents shall be released duty free by Customs after examination and verification that the quantity of the items does not exceed that required for direct use.

Articles for official use and personal effects declared for export shall be released by Customs after examination and verification.

   Article 5. Articles the import or export of which is prohibited by the Law and regulations of the People's Republic of China may not be carried or conveyed into or out of China by missions and their members, except where special circumstances exist necessitating the import or export of such article in which case the prior approval of the relevant departments of the Chinese Government shall be obtained and the import or export shall be dealt with in accordance with the relevant provisions of the Chinese Government.

In order to import wireless transceivers and related equipment a written application must first be approved by the Chinese Ministry of Foreign Affairs. Missions and their members shall make a declaration to Customs and present relevant documents of approval, and customs shall clear the equipment for import following examination and verification.

Cultural relics to be carried or conveyed out of China shall first be declared to Customs and, following examination by the cultural administration departments, as designated by the State cultural administration, of the province, autonomous region or directly administered municipality, an Export Permit shall be issued. Missions and their members shall submit the relevant permits to Customs, which shall clear the relics for export following examination and verification.

The carriage or conveyance of firearms and bullets into or out of China shall comply with the provisions of the Measures of the People's Republic of China on Firearms Control.

The carriage or conveyance of articles into or out of China which are subject to control under China's statutory regulations on quarantine shall be dealt with by Customs in accordance with the relevant statutory regulations.

   Article 6. Articles which are declared by missions and their members out which are prohibited by Chinese laws and regulations from being imported or exported may be withheld by Customs, unless approved for import or export by the relevant departments of the Chinese Government, and shall be returned to their place of despatch by the missions or their members within 90 days. Articles not returned within this period shall be sold by Customs at their market value and the proceeds shall be paid to the State Treasury.

   Article 7. Articles imported duty free by missions or their members may not be transferred. Prior approval shall be obtained from Customs when special reasons necessitate such a transfer.

The assignee or assignor of articles which have been approved for transfer shall complete tax payment or tax exemption formalities with Customs in accordance with regulations.

   Article 8. The diplomatic bag of a mission, whether outbound or incoming, shall be released by Customs without inspection. The diplomatic bag shall be sealed and bear visible external marks of its character, and may contain only diplomatic documents and articles intended for official use.

A diplomatic courier, when conveying a diplomatic bag, shall be provided with a courier certificate issued by the competent authorities of the sending State. The captain of a commercial aircraft may be entrusted with the task of conveying a diplomatic bag for a mission, but he shall be provided with an official document issued by the consigning State (indicating the number of packages constituting the bag). Where the diplomatic bag is conveyed by the captain of a commercial aircraft or through consignment shipping, the mission shall send a staff member to complete the procedures for transfer,collection or despatch.

   Article 9. Members of the administrative and technical staff and service staff of missions shall, if they are not citizens or permanent residents of China, make written declarations to Customs of personal effects to be carried or conveyed into China, including articles intended for their establishment in China which are imported within six months of the time of installation of the staff members. These items shall be released duty free by Customs after examination and verification that the quantity of the items does not exceed that required for direct use by the persons concerned (except for motor vehicles, in which case there shall be a limit of one per family). Personal effects declared for carriage or conveyance out of China shall be released by Customs after examination and verification.

Articles for personal use mailed into or out of China by the mission staff mentioned in the previous paragraph shall be handled by Customs in accordance with the relevant provisions on private postal articles.

Articles for personal use conveyed into China through consignment shipping during the tenure of office of the mission staff mentioned in the first paragraph of this Article shall be handled by Customs in accordance with the provisions of the second paragraph of this Article.

   Article 10. Articles for official use and mailbags of the offices of organisations of the United Nations and its special agencies and representative offices in China of other international organisations and articles for personal use conveyed into or out of China by their representatives and member of their administrative and technical staff and service staff, their spouses and children who have not yet attained majority living with them shall be handled by who Customs in accordance with the relevant international conventions to which China has acceded and in accordance with the agreements China has concluded with the international organisations concerned. Matters not covered in these conventions and agreements shall be dealt with having reference to the relevant provisions of these Regulations.

   Article 11. Articles for official use and consular bags imported or exported by foreign consulates in China and articles for personal use conveyed into or out of China by consular officers and members of consular staff, their spouses and children who have not yet attained majority living with them shall be handled by Customs in accordance with the relevant international conventions to which China has acceded and in accordance with the agreements China has concluded with the countries concerned. Matters not covered in these conventions and agreements shall be dealt with having reference to the relevant provisions of these Regulations on a reciprocal basis.

   Article 12. These Regulations shall take effect from the date of promulgation.

    




AsianLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.asianlii.org/cn/legis/cen/laws/rotgaocotiaeoabdmatmic1272