PROVISIONS OF THE CUSTOMS ON THE CONTROL OF LUGGAGE AND ARTICLESCARRIED BY CHINESE PERSONNEL ENTERING AND LEAVING THE COUNTRY

PROVISIONS OF THE CUSTOMS ON THE CONTROL OF LUGGAGE AND ARTICLESCARRIED BY CHINESE PERSONNEL ENTERING AND LEAVING THE COUNTRY This English document is coming from the "LAWS AND REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7) which is compiled by the Brueau of Legislative Affairs of the State Council of the People's Republic of China, and is published by the China Legal System Publishing House.

In case of discrepancy, the original version in Chinese shall prevail.

Whole Document PROVISIONS OF THE CUSTOMS ON THE CONTROL OF LUGGAGE AND ARTICLES CARRIED BY CHINESE PERSONNEL ENTERING AND LEAVING THE COUNTRY (Approved by the State Council on August 28, 1989 and promulgated by the General Customs Administration on September 6, 1989) Article 1 These Provisions are formulated in order to show consideration for the reasonable needs of the personnel sent abroad by the State to work or study (hereinafter referred to as "the personnel going abroad"), and to strengthen the control of articles the importation of which is restricted by the State.

Article 2 The luggage and articles carried by the personnel entering or leaving the country shall be restricted to those for personal use and within reasonable quantities. The personnel going abroad, while entering the country, shall be given the preferential treatment of exemption from duty for the luggage and articles they carry along that belong to the varieties and within the quantities stipulated in the Table of Restricted Quantities for Articles to be Carried into the Country by the Personnel Going Abroad, attached to these Provisions as an appendix (hereinafter referred to as "the Table of Restricted Quantities"). The personnel going abroad, who have worked or studied abroad, for every 6 months (i.e. 180 days), shall be permitted to carry into the country duty-free two articles - one article each from Category 4 and Category 5, as listed in the Table of Restricted Quantities; the aforesaid personnel going abroad are permitted to enjoy the said preferential treatment for four successive years at most. This time limit, however, does not apply to the personnel sent abroad to carry out an economic-aid program or to fulfil a labour contract. With respect to personnel temporarily going abroad, who stay abroad for less than 6 months (i.e. 180 days), they shall be permitted to carry into the country, after paying the duty, two articles - one article each from Category 4 and Category 5, as listed in the Table of Restricted Quantities, when they enter the country for the first time in a year in terms of the Gregorian calendar.

Article 3 The term "personnel going abroad on a long-term basis", as used in these Provisions, refers to such personnel who are sent out by the State to work or study abroad for a period of more than one year. The term "personnel sent abroad to carry out an economic-and program" refers to such personnel who are sent to work abroad on a long-term basis to carry out an economic and technological aid program signed between two governments. The term "personnel sent abroad to fulfil a labour contract" refers to such technical, engineering, and administrative personnel who are sent abroad, holding ordinary passports issued to citizens going abroad on public business, to fulfil a labour or construction contract, signed with foreign businessmen by a company vested with the right to manage external contracting and labour business with the approval of the State Council or of the Ministry of Foreign Economic Relations and Trade. The term "personnel temporarily going abroad" refers to various categories of personnel, who are sent, temporarily, by the State to work abroad or study for a period of less than one year.

Article 4 With respect to personnel going abroad on a long-term basis, the Customs shall issue to them "Registration Certificate for Duty-free Imported Articles" (hereinafter referred to as "the Registration Certificate").

While entering the country, the personnel going abroad on a long-term basis (including those who are exempted from inspection) shall declare at the Customs by filling in the Registration Certificate the articles they carry along, so that the Customs may give clearance after inspection and verification. The Customs shall strictly control the scope of issuance of the Registration Certificates.

Article 5 In case the personnel going abroad on a long-term basis ask other personnel going abroad to carry into the country articles under Categories 4 and 5, as listed in the Table of Restricted Quantities, the Customs shall give clearance after examining "Certification for Carrying Articles by Entrustment" issued by a Chinese organ abroad and the Registration Certificate of owners of the said articles, and the said articles shall be counted in the restricted quantity of duty-free articles carried into the country by the owners themselves. Articles that exceed the restricted quantity are not permitted to be carried into the country by entrustment.

Article 6 In case the personnel going abroad buy articles at a unit in the country designated by the State to provide the personnel going abroad with goods paid for in foreign exchange, they shall present their passports, and the articles bought shall be counted in their restricted quantity of duty-free articles.

Article 7 In case the personnel going abroad use their own foreign exchange earnings to buy, for their work-unit, equipment and articles for scientific research and teaching (not including such general household electrical appliances as TV sets, tape recorders, etc.), such equipment and articles shall be exempted from duty and the Customs shall give clearance after it has examined and verified the certification issued by a government organ at the department/bureau level or higher. Import duties shall be levied on articles not belonging to the aforesaid categories in accordance with the pertinent provisions.

Article 8 The personnel going abroad must not accept articles to be brought into or out of the country as entrusted by persons of foreign nationalities, overseas Chinese, and compatriots from Hong Kong, Macao, and Taiwan; neither shall they entrust the aforesaid people with the carrying of articles into the country.

Article 9 The personnel going abroad, while entering or leaving the country, must not carry articles the import and export of which are forbidden by the State.

Article 10 The personnel going abroad shall comply with these Provisions and other pertinent provisions, and go through the Customs procedures conscientiously. In the event that they wish to sell their personal articles which have been given Customs clearance duty-free, they shall sell them to a State-run commercial department that is authorized by the State to handle foreign goods.

Article 11 Personnel who are approved to go to work in the regions of Hong Kong and Macao shall go through the procedures also in accordance with these Provisions when they carry articles into the country; but they must not ask other people to carry articles for them into the country.

Article 12 These Provisions shall go into effect on September 10, 1989.

Appendix: Table of Restricted Quantities for Articles to Be Carried into the Country by the Personnel Going Abroad |============================================|=============================================| |Name of Articles |Quantity | |============================================|=============================================| |1. Foodstuffs, dress materials, garments, | | arts and crafts, ordinary watches, and | | other articles for daily use which cost |within reasonable quantities | | CNY 200 yuan or less (including CNY | | 200 yuan) | |------------|-------------| |2. Cigarettes |400 cigarettes | | or cigars, |100 cigars | | or pipe tobacco |500 grams | |------------|-------------| |3. Alcoholic beverages: |2 bottles, each bottle contains no more | | with alcoholic content 12% or higher |than 0.75 liter | |------------|-------------| |4. TV sets, washing machines, refriger- |Personnel going abroad: for every 6 | | ators, cameras, video cassette |months (180 days), may choose one of | | recorders, stereo sound systems, radio |them, duty-free, and enjoy this | | and tape recorders, motorcycles, and |preferential treatment of duty-exemption | | articles for daily use which cost |for four successive years at most. | | between CNY 500 - 1,000 (inclusive | | yuan |Personnel sent abroad to carry out an | |economic-aid program and personnel | |sent abroad to fulfil a labour contract: for | |every 6 months (180 days), may choose | |one of them, duty-free. | | | |Temporary personnel going abroad: for | |less than 6 months, first entry in every | |solar year, choose one and pay duty. | |------------|-------------| |5. Ordinary electronic organs, ordinary |Personnel going abroad: for every 6 | | cameras, typewriters, and other articles |months (180 days), may choose one of | | for daily use which cost between CNY |them, duty-free, and enjoy this | | 200 - 500 (inclusive) yuan |preferential treatment of duty-exemption | |for four successive years at most. | | | |Personnel sent abroad to carry out an | |economic-aid program and personnel | |sent abroad to fulfil a labour contract: for | |every 6 months (180 days), may choose | |one of them, duty-free. | | | |Temporary personnel going abroad: for | |less than 6 months, first entry in every | |solar year, choose one and pay duty. | |============================================|=============================================| Notes: The value of the aforesaid articles shall be appraised in accordance with C.I.F. None of the articles listed in Category 4 and Category 5 of this Table shall be chosen a second time in the same year.

In case the temporary personnel are sent abroad many times, their duration of stay abroad on different occasions shall not be added up to obtain an accumulative total.

|============================================|=============================================| |Name of Articles |Quantity | |============================================|=============================================| |1. Foodstuffs, dress materials, garments, | | arts and crafts, ordinary watches, and | | other articles for daily use which cost |within reasonable quantities | | CNY 200 yuan or less (including CNY | | 200 yuan) | |------------|-------------| |2. Cigarettes |400 cigarettes | | or cigars, |100 cigars | | or pipe tobacco |500 grams | |------------|-------------| |3. Alcoholic beverages: |2 bottles, each bottle contains no more | | with alcoholic content 12% or higher |than 0.75 liter | |------------|-------------| |4. TV sets, washing machines, refriger- |Personnel going abroad: for every 6 | | ators, cameras, video cassette |months (180 days), may choose one of | | recorders, stereo sound systems, radio |them, duty-free, and enjoy this | | and tape recorders, motorcycles, and |preferential treatment of duty-exemption | | articles for daily use which cost |for four successive years at most. | | between CNY 500 - 1,000 (inclusive | | yuan |Personnel sent abroad to carry out an | |economic-aid program and personnel | |sent abroad to fulfil a labour contract: for | |every 6 months (180 days), may choose | |one of them, duty-free. | | | |Temporary personnel going abroad: for | |less than 6 months, first entry in every | |solar year, choose one and pay duty. | |------------|-------------| |5. Ordinary electronic organs, ordinary |Personnel going abroad: for every 6 | | cameras, typewriters, and other articles |months (180 days), may choose one of | | for daily use which cost between CNY |them, duty-free, and enjoy this | | 200 - 500 (inclusive) yuan |preferential treatment of duty-exemption | |for four successive years at most. | | | |Personnel sent abroad to carry out an | |economic-aid program and personnel | |sent abroad to fulfil a labour contract: for | |every 6 months (180 days), may choose | |one of them, duty-free. | | | |Temporary personnel going abroad: for | |less than 6 months, first entry in every | |solar year, choose one and pay duty. | |============================================|=============================================| Notes: The value of the aforesaid articles shall be appraised in accordance with C.I.F. None of the articles listed in Category 4 and Category 5 of this Table shall be chosen a second time in the same year.

In case the temporary personnel are sent abroad many times, their duration of stay abroad on different occasions shall not be added up to obtain an accumulative total.