20050601
The General Administration of Customs Decree of the General Administration of Customs of the People’s Republic of China No.52 Provisions of the Customs of the People’s Republic of China on Administration of Customs Agency Enterprises are hereby promulgated Director General of the General Administration of Customs, Qian Guanlin July 6,1995 Provisions of the Customs of the People’s Republic of China on Administration of Customs Agency Enterprises Chapter I General Provisions Article 1 These Provisions are formulated in accordance with the Customs Law of the People’s Republic of China and the relevant laws and regulations Article 2 The term “the Customs agency enterprise” in these Provisions refers to the domestic legal person that engages in agency business of Article 3 The Customs of the People’s Republic of China shall be the competent department authorized to examine the qualification of the Customs Article 4 When the Customs agency enterprise undertakes on behalf of the client to declare and pay duty to the Customs, the agency shall abide Chapter II Qualification Examination and Registration Article 5 The enterprises applying for registration of the Customs agency enterprise shall possess the following qualifications: (1) Engaging in the agency business of transportation of international goods and international means of transport approved by the competent (2) The amount of registered capital exceeds RMB 1,500,000 Yuan; (3) Payment of guarantee of RMB 200,000 Yuan; and (4) Other conditions deemed necessary by the Customs. Article 6 The local Customs Houses shall go through the procedures of registration on the strength of the Application for the Registration of (1) Documents of approval from the competent department of the State Council for the undertaking of agency business of international transportation (2) Business license verified and issued by the Office of Administration for Industry and Commerce; (3) Administration system of finance and account and information on accounting bookkeeping; (4) The capital verification report and the bank account number; (5) The legal representative, the chief in charge of the business of Customs declaration and the name, telephone, ID card number of the (6) Other documents deemed necessary by the Customs. Upon acquisition of the Certificate of Registration of the Customs Agency Enterprise, the agency thereof may engage in agency business Article 7 Impression of the seals of the legal representative, the chief in charge of the Customs declaration, and the Customs agent, as well Chapter III The Annual Audit and Registration of the Alteration Article 8 The Customs shall adopt a system of annual audit on the Customs agency enterprise. The Customs agency enterprise shall, prior to Match “Report of annual audit” shall mainly include: annually business volume of the Customs declaration and analysis of business, mistakes In case of less than one year after registration, the agency thereof may not participate in the annual audit. Article 9 Where the Customs agency enterprise needs to alter the name, legal representative, business premises, properties of the agency or Article 10 In case of bankruptcy and dismissal, the agency concerned shall submit the written report to the local Customs. Upon going through Chapter IV The Code of the Customs Declaration Article 11 The Customs agency enterprise shall go through the formalities of the Customs declaration and payment of duty at various ports of Article 12 The Customs agency enterprise may only accept the entrustment of units authorized to import and export goods and handle the matters Article 13 When the Customs agency enterprise declares at the Customs, it shall produce to the Customs the following documents: (1) Letter of authorization signed by legal representative of the agency concerned to handle matters of the Customs declaration and duty (2) Agreement of undertaking and shipping the import and export goods; and (3) Letter of authorization of the Customs declaration issued by the client. Letter of authorization shall specify the name of the client Article 14 The Customs agency enterprise shall not in any form let any other party handle the matters of the Customs declaration of import and Article 15 The Customs agency enterprise shall recruit clearance agent pursuant to the provisions of the Customs and undertake the legal liabilities Article 16 The Customs agency enterprise shall establish account books and keep business operational record of the Customs declaration in accordance The Customs agency enterprise shall assist the Customs in contacting the client, and submit the relevant recorded documents of the Chapter V Legal Liability Article 17 With regard to any one of the following acts, the Customs shall suspend the declaration rights of the Customs agency enterprise for (1) Acts in violation of the provisions of supervision and control of the Customs; (2) Where administration on the Customs agents is not strict and qualification of many clearance agents has been revoked; (3) Delaying payment of duty payable or failing to fulfill the obligation of duty payment; (4) Failure to pass the annual audit of the Customs or delaying the participation of the annual audit without having gained the prior (5) Violation of Article 14 and Article 16 of these Provisions; (6) Where declaration rights are suspended due to other causes. Article 18 With regard to any one of the acts, the Customs shall cancel the declaration rights of the Customs declaration agency and go through (1) Where the original situation changes to the extent that it fails to meet the qualifications listed in Article 5 of these Provisions: (2) One of serious acts listed in Article 17 of these Provisions; (3) Any acts of smuggling; (4) Where business license is revoked by Office of Administration for Industry and Commerce; and (5) Where declaration rights shall be cancelled due to other causes. Article 19 The Customs agency enterprise shall be solely responsible for the economic disputes between the Customs agency enterprise and the Article 20 Where the Customs agency enterprise violates the Customs Law of the People’s Republic of China in the process of the Customs declaration Where the Customs agency enterprise has failed to implement the decision of the Customs on the payment of additional duty and penalty Chapter VI Supplementary Provisions Article 21 Where the Customs agency enterprise applies for registration pursuant to these Provisions, the agency concerned shall pay the handling Article 22 Qualification of the Customs declaration of the agency engaging in international delivery through post and entry and exit express Article 23 The General Administration of Customs is responsible for the interpretation of these Provisions. Article 24 These Provisions shall enter into force as of September 1, 1995. |
The General Administration of Customs
1995-07-06