Home | Hotels | Hotels Video | China Flights | China Train Tickets | Main cities | China map | Contact us | Reservation Status  

 China Law information


PROVISIONS FOR THE PUNISHMENT OF OFFENSES AGAINST THE IMPORT ANDEXPORT LICENCE CONTROL SYSTEM

PROVISIONS FOR THE PUNISHMENT OF OFFENSES AGAINST THE IMPORT ANDEXPORT LICENCE CONTROL SYSTEM (Promulgated on January 25, 1989) Whole Doc.

Article 1 The Provisions are formulated in accordance with the Customs Law of the People's Republic of China, the Interim Regulations of the People's Republic of China on the Licence Control System for Import Goods, and the Rules for the Implementation of Administrative Penalty under the Customs Law of the People's Republic of China with a view to dealing seriously with offenses against the import and export licence control system and ensuring the effective implementation of this system.

Article 2 Any attempt to smuggle in or out goods through the forgery of import or export licences shall be punished by confiscating the goods and a fine equivalent to 30 percent or more of, but not more than, the value of the goods; serious cases shall be dealt with by court in accordance with the criminal law.

Article 3 Misreporting the names, specifications, etc. of import and export goods in order to evade import licence control shall be punished by confiscating the goods and a fine equivalent to at least 10 percent but no more than 30 percent of the value of the goods; if the misreporting is designed to evade export licence control, the goods shall be confiscated, ordered to be returned or banned from export in addition to the aforesaid fine.

Evading import licence control by misreporting goods under such control as client-supplied or other materials being imported for fulfilment of processing orders or in other names shall be punished by confiscating the goods and a fine equivalent to at least 10 percent but no more than 30 percent of the value of the goods.

Importing or exporting more licence-controlled goods than the amount reported shall be punished by confiscating the goods in excess of the reported amount (except those for which there are overflow or shortfall provisions), together with a fine equivalent to at least 10 percent but no more than 30 percent of the value of the said goods.

Concealing licence-controlled goods among goods not subject to licence control shall be punished by confiscating the licence-controlled goods and a fine equivalent to at least 10 percent but no more than 30 percent of the value of those goods.

Article 4 Altering the content, such as names, specifications, amounts or periods of validity, of an import or export licence shall be punished by confiscating the goods and a fine equivalent to at least 10 percent but no more than 30 percent of the value of the goods.

In cases of illegally using the import or export licences issued to others, the goods being imported or exported shall be dealt with in accordance with the provisions of preceding clauses.

Article 5 In case of failure to produce the relevant licence in declaring licence-controlled import goods, the goods shall be confiscated or ordered to be shipped back, or, if the import licence is later submitted within the time-limit set by Customs, a fine shall be imposed at an amount equivalent to at least 5 percent but no more than 30 percent of the value of the goods; in case of failure to produce the relevant licence in declaring licence-controlled export goods, the goods shall be confiscated or ordered to be shipped back.

Article 6 In case the goods are cleared by Customs through the signing of a guaranty, but no licence is produced within the prescribed time-limit, the goods shall be confiscated or an amount equivalent to the value of the goods shall be paid as penalty, if the case proves to be a fraud because there is no licence at all; or a fine equivalent to at least 5 percent but no more than 30 percent of the value of the goods shall be imposed, if the case proves to be one of delay and the licence is finally produced.

Article 7 When client-supplied and other materials and parts imported for fulfilment of processing orders and the finished and semi-finished goods produced therefrom are sold on the domestic market with the approval of the competent authorities, they shall be regarded as ordinary imports and, for those subject to licence control, import licences shall be submitted retroactively in accordance with the relevant provisions. In case of failure to produce the import licences, a fine equivalent to at least 10 percent of but no more than the value of the goods shall be imposed; in case the sales are not approved by the competent authorities, the goods shall be confiscated or an amount equivalent to the value of the goods sold on the domestic market shall be paid as penalty, and a fine may be imposed at the same time, which shall be equivalent to at least 30 percent of but no more than the value of the goods or equivalent to at least 2 times but no more than 4 times the amount of the tax that should be paid.

If the aforesaid materials, parts, finished goods and semi-finished goods are in the category of machinery and electrical appliances whose import is restricted by the State, they shall be dealt with in accordance with the provisions of Article 8.

Article 8 When client-supplied and other materials and parts imported for fulfilment of processing orders and the finished and semi-finished goods produced therefrom, which are in the category of machinery and electrical appliances whose import is restricted by the State, are sold on the domestic market, they shall be regarded as ordinary imports and import licences shall be submitted retroactively in accordance with the relevant provisions. In case of failure to produce the import licences, the goods shall be confiscated or an amount equivalent to the value of the goods sold on the domestic market shall be paid as penalty, and a fine may be imposed at the same time, which shall be equivalent to at least 30 percent of but no more than the value of the goods or equivalent to at least 2 times but no more than 4 times the amount of the tax that should be paid.

Article 9 Anyone who has been proved conclusively as having evaded licence control by deliberately signing separate contracts or by importing goods from different ports or in different instalments shall be penalized on the merit of each case according to the provisions for the punishment of smuggling or offenses against Customs supervision and control.

Anyone who has been proved conclusively to have imported parts and components allegedly for the maintenance of motor vehicles or household electrical appliances whose import is restricted by the State, and in fact have used them to assemble complete motor vehicles or household electrical appliances shall be dealt with in accordance with the provisions of the preceding paragraph.

Article 10 Anyone who has imported high-grade consumer goods or machinery or electrical appliances whose import is restricted by the State, or has exported materials in short supply in the country, in violation of the import and export licence control system shall be punished severely.

Article 11 In case any licences are signed by foreign economic relations and trade departments at various levels that have exceeded their prescribed terms of reference or are inconformable to the import and export licence control system, the Customs shall have the right to reject these licences and forbid the import or export of the goods concerned.

Article 12 Other offenses against the import and export licence control system shall be dealt with by the Customs in accordance with the principles of these Provisions and other pertinent provisions.

Article 13 If any of the offenses listed in these Provisions constitutes a crime of smuggling, the case shall be transferred to the judicial department where the parties concerned shall be tried according to law.

Article 14 These Provisions shall come into effect on February 1, 1989.

ast 30 percent of but no more than the value of the goods or equivalent to at least 2 times but no more than 4 times the amount of the tax that should be paid.

If the aforesaid materials, parts, finished goods and semi-finished goods are in the category of machinery and electrical appliances whose import is restricted by the State, they shall be dealt with in accordance with the provisions of Article 8.

Article 8 When client-supplied and other materials and parts imported for fulfilment of processing orders and the finished and semi-finished goods produced therefrom, which are in the category of machinery and electrical appliances whose import is restricted by the State, are sold on the domestic market, they shall be regarded as ordinary imports and import licences shall be submitted retroactively in accordance with the relevant provisions. In case of failure to produce the import licences, the goods shall be confiscated or an amount equivalent to the value of the goods sold on the domestic market shall be paid as penalty, and a fine may be imposed at the same time, which shall be equivalent to at least 30 percent of but no more than the value of the goods or equivalent to at least 2 times but no more than 4 times the amount of the tax that should be paid.

Article 9 Anyone who has been proved conclusively as having evaded licence control by deliberately signing separate contracts or by importing goods from different ports or in different instalments shall be penalized on the merit of each case according to the provisions for the punishment of smuggling or offenses against Customs supervision and control.

Anyone who has been proved conclusively to have imported parts and components allegedly for the maintenance of motor vehicles or household electrical appliances whose import is restricted by the State, and in fact have used them to assemble complete motor vehicles or household electrical appliances shall be dealt with in accordance with the provisions of the preceding paragraph.

Article 10 Anyone who has imported high-grade consumer goods or machinery or electrical appliances whose import is restricted by the State, or has exported materials in short supply in the country, in violation of the import and export licence control system shall be punished severely.

Article 11 In case any licences are signed by foreign economic relations and trade departments at various levels that have exceeded their prescribed terms of reference or are inconformable to the import and export licence control system, the Customs shall have the right to reject these licences and forbid the import or export of the goods concerned.

Article 12 Other offenses against the import and export licence control system shall be dealt with by the Customs in accordance with the principles of these Provisions and other pertinent provisions.

Article 13 If any of the offenses listed in these Provisions constitutes a crime of smuggling, the case shall be transferred to the judicial department where the parties concerned shall be tried according to law.

Article 14 These Provisions shall come into effect on February 1, 1989.


Search China Hotels China Hotels:
Please Select a City:
Find Your Hotel With China Map
Check-in:
Show Calendar
Check-out:
Show Calendar
Currency Adults Child

Search China Flight Ticket China Flight:
One Way Round-Trip
Departure city:
Destination:
Departure date:
Return date:



China Cities:
China Introduction
Beijing Travel Info
Changchun Travel Info
Changsha Travel Info
Chengde Travel Info
Chengdu Travel Info
Chongqing Travel Info
Dali Travel Info
Dunhuang Travel Info
Guilin Travel Info
Haikou Travel Info
Hangzhou Travel Info
Harbin Travel Info
Nanning Travel Info
Ningbo Travel Info
Qingdao Travel Info
Shanghai Travel Info
Shenyang Travel Info
Shenzhen Travel Info
Suzhou Travel Info
Taian Travel Info
Tianjin Travel Info
Weihai Travel Info
Wuyishan Travel Info
Xiamen Travel Info
Xian Travel Info
Yangzhou Travel Info
Zhuhai Travel Info

China Hotels
Aksu
Alxa
Anqing
Anshan
Anshun
Anyang
Baishan
Baoding
Baoji
Baotou
Bazhong
Beidaihe
Beihai
Beijing
Bengbu
Binzhou
Bozhou
Cangzhou
ChangChun
Changde
Changsha
Changshu
Changzhi
Changzhou
Chaohu
Chaoyang
Chaozhou
Chengde
Chengdu
Chenzhou
Chifeng
Chongqing
Chuxiong
Chuzhou
Cixi
Dali
Dalian
Dandong
Daqing
Datong
Daxinanling
Daye
Dehong
Dengfeng
Deyang
Dezhou
Dongguan
Dongxing
Dongying
Dujiangyan
Dunhuang
Emeishan
Enshi
FangChengGang
Fenghua
Fenghuang
Foshan
Fuding
Fushun
Fuyang
Fuzhou
Ganzhou
Guang'an
Guangyuan
GuangZhou
Guilin
Guiyang
Haikou
Haining
Handan
Hangzhou
Harbin
Hefei
Hegang
Heihe
Hengshui
Hengyang
Hetian
Heyuan
Heze
Hohhot
HongKong
Huaian
Huaibei
Huaihua
Huainan
Huangshan
Huangshi
Huizhou
Hulunbeier
Huzhou
Ji'an
Jiamusi
Jiangmen
Jiangyin
Jiaozuo
Jiaxing
Jiayuguan
Jieyang
Jilin
Jinan
Jincheng
Jingdezhen
Jinggangshan
Jingmen
Jingzhou
Jinhua
Jining
Jinzhong
Jiuhuashan
Jiujiang
Jiuquan
Jiuzhaigou
Jixi
Jiyuan
Kaifeng
Kaiping
Karamay
Kashen
Korla
Kunming
Kunshan
Langfang
Lanzhou
Leshan
Lhasa
Lianyungang
Liaocheng
Liaoyang
Lijiang
Linfen
Linyi
Lishui
Liuzhou
Longyan
Loudi
Luoyang
Lushan
Maanshan
Macau
Maoming
Meishan
Meizhou
Mianyang
Mudanjiang
Nanchang
Nanchong
Nanjing
Nanning
Nanping
Nantong
Nanyang
Ningbo
Ningde
Ordos
Panjin
Panzhihua
Penglai
Pingxiang
Pingyao
Putian
Putuoshan
Qian'nan
Qiandaohu
Qiandongnan
Qidong
Qingdao
Qingyuan
Qinhuangdao
Qionghai
Qiqihaer
Qitaihe
Quanzhou
Qufu
Qujing
Quzhou
Rizhao
Ruian
Sanmenxia
Sanming
Sanya
Shanghai
Shangrao
Shangri-la
Shantou
Shanwei
Shaoguan
Shaoshan
Shaoxing
Shenyang
Shenzhen
Shijiazhuang
Shishi
Shiyan
Shouguang
Suining
Suizhou
Suqian
Suzhou(Jiangsu)
Taian
Taicang
Taiyuan
Taizhou(Jiangsu)
Taizhou(Zhejiang)
Tangshan
Tengchong
Tianjin
Tianshui
Tieling
Tonghua
Tongliao
Tongling
Tongren
Turpan
Urumqi
Wanning
Weifang
Weihai
Weinan
Wenshan
Wenzhou
Wuhai
Wuhan
Wuhu
Wuwei
Wuxi
Wuyishan
Wuzhishan
Wuzhou
Xiamen
Xian
Xian'ning
Xiangfan
Xiangtan
Xianyang
Xiaogan
Xichang
Xilinhot
Xingyi
Xining
Xinxiang
Xinyu
Xinzhou
Xishuangbanna
Xitang
Xuchang
Xuzhou
Ya'an
Yancheng
Yandangshan
Yangjiang
Yangquan
Yangshuo
Yangzhou
Yanji
Yantai
Yibin
Yichang
Yichun
Yichun(Jiangxi)
Yinchuan
Yingkou
Yining
Yiwu
Yixing
Yiyang
Yongzhou
Yueqing
Yueyang
Yulin(Guangxi)
Yulin(Shaanxi)
Yuncheng
Yunfu
Zaozhuang
Zhangjiagang
Zhangjiajie
Zhangjiakou
Zhangzhou
Zhanjiang
Zhaoqing
Zhengzhou
Zhenjiang
Zhongshan
Zhongwei
Zhoukou
Zhoushan
Zhouzhuang
Zhuhai
Zhuji
Zhuzhou
Zibo
Zigong
Zunyi
| Home | Hotels | Hotels Video | China Flights | Flights Schedule | Pickup Service | Travel Packages | Affiliate | Add your hotels | Interprete Italiano-Cinese | Contact | Site Map | Link | FAQ | About Us
Copyright © 2001-2024 China Hotels Reservation - All Rights Reserved
Europe Office: ChinaHotelsReservation- Via Gerolamo Forni 64 - 20161 Milano - Fax 0291390522
China Office: China Travel(Hualv) Business co.,Ltd. - Tel 0086-577-88555070 Fax 0086-577-88522570
Xishan Donglu Xicen Gongyu 7 Zhuang 802 - 325005 Wenzhou China