Decree of the General Administration of Customs of the People’s Republic of China No.19

The Measures of the Customs of the People's Republic of China for the Supervision and Administration of Inward and Outward Conveyance, which were adopted at the executive meeting of the General Administration of Customs on October 14, 2010, are hereby promulgated and shall come into effect as of January 1, 2011.

Sheng Guangzu
Minister
General Administration of Customs
November 1， 2010

Measures of the Customs of the People's Republic of China for the Supervision and Administration of Inward and Outward Conveyance

Chapter I General Provisions

Article 1 With a view to standardizing the supervision and administration of inward and outward conveyances and safeguarding the legitimate rights and interests of the persons in charge of inward and outward conveyances and inward and outward conveyances service enterprises, these Measures are formulated in accordance with the Customs Law of the People's Republic of China.

Article 2 For the purpose of these Measures, the inward and outward conveyances shall mean all kinds of vessels, aircrafts, railway trains, road vehicles and pack animals.

Article 3 These Measures shall be applicable to the supervision and administration by the customs over the commercial conveyances; the supervision and administration over non-commercial inward and outward means of transportation shall be conducted in reference to these Measures.

Article 4 Except otherwise approved by the State Council or the competent authorities authorized by the State Council, the inward and outward conveyances shall enter or exit the territory of China via the jurisdictions of customs offices of China, and park, load and unload goods, commodities and passengers within the customs control areas in the territory of China.
Where any inward and outward conveyances is forced to berth, land, cast anchor, load and unload goods, commodities and passengers at a place without a customs office or a place beyond the customs control areas due to force majeure, the person in charge of the inward and outward conveyances shall declare to the nearest customs office as soon as possible. The nearest customs office shall conduct supervision and administration over the conveyances and the goods and commodities thereon.

Article 5 The inward conveyances which has entered the territory of the People's Republic of China but has not declared to the customs and the outward conveyances which has completed customs clearance procedures but has not exited the territory of the People's Republic of China shall follow the route specified by the competent authorities of transport; where no such route is specified, the route designated by the customs shall be followed.
The inward conveyances shall, after entry declaration and before exiting the territory of the People's Republic of China, follow the routes as permitted by the customs.

Article 6 The person in charge of the inward or outward conveyances shall, when the inward or outward conveyances arrives at or leaves the place with a customs office, declare to the customs office with both electronic and print declaration forms.

Article 7 Before relevant customs procedures are completed and the required customs duties paid, the inward overseas conveyances and outward domestic conveyances shall not be transferred to another party or used for other purposes.
Where conveyances is imported or exported as commodities in the form of rental or any other form, import or export declarations for such inward and outward conveyances shall be completed in accordance with relevant regulatory provisions, in addition to the exit or entry procedures for inward and outward conveyances in accordance with these Measures.

Chapter II Regulation of Record-filing

Article 8 The inward and outward conveyances, the persons in charge of the inward and outward conveyances and the inward and outward conveyances service enterprises shall file records to the local customs office directly under the General Administration of Customs or the subordinate customs offices authorized by the local customs office directly under the General Administration of Customs.
The supervision and administration by the customs over the record-filing of the inward and outward conveyances, the persons in charge of inward and outward conveyances and the inward and outward conveyances service enterprises shall be subject to nationwide customs networked administration.

Article 9 The inward and outward conveyances, the persons in charge of the inward and outward conveyances and the inward and outward conveyances service enterprises shall, when filing records with the customs, submit the Record-Filing Form for Inward and Outward International Vessel, the Filing Form of Inward and Outward Railway Train, the Filing Form of Inward and Outward Road Vehicle, the Filing Form of the Person in Charge of the Conveyances and the Filing Form of the Conveyances Service Enterprise in light of the actual type of the conveyances and submit the materials listed on the affixed documents of the above filing forms.
The General Administration of Customs shall formulate a separate set of administrative measures for the conveyances service enterprises.

Article 10 Where there is any alteration to the Filing Form of the Conveyances, the Filing Form of the Person in Charge of the Conveyances and the Filing Form of the Conveyances Service Enterprise, the person in charge of the inward and outward conveyances and the inward and outward conveyances service enterprise shall go through the alteration procedures on the strength of the Alteration Filing Form and relevant documents with the competent customs office within the time limit as specified by the customs.
The record-filing may either be cancelled by the person in charge of the inward and outward conveyances, the inward and outward conveyances service enterprise on a voluntary basis or by the competent customs in accordance with laws.

Article 11 The customs shall implement differentiated administration over the inward and outward conveyances service enterprises and the owners and operators of the inward and outward conveyances; a specific set of measures shall be formulated by the General Administration of Customs.

Chapter III Administration of the Conveyances

Section 1 Supervision and Administration of Inward Conveyances

Article 12 The person in charge of the inward conveyances shall, within the prescribed time limit, declare to the customs the port within China where the conveyances is expected to arrive as well as the time of such arrival in the form of electronic data.
The person in charge of road vehicle may upon approval by the customs, declare to the customs by telephone, fax or other available means due to practical constraint of communications conditions.
The person in charge of the conveyances shall, before the inward conveyances arrives at the place of entry with a customs office, declare to the customs the entry time, the time to arrive at the destination port and the docking location.

Article 13 When the inward conveyances arrives at a place with a customs office, the person in charge of the conveyances shall declare to the customs and submit the Customs Declaration Form of the People's Republic of China for Inward Vessels, the Customs Declaration Form of the People's Republic of China for Inward Aircrafts, Customs Declaration Form of the People's Republic of China for Railway Trains or the Customs Declaration Form of the People's Republic of China for the Inward Road Vehicles, as the case may be, in light of different conveyances and any other document as may be required to be verified in the declaration form.
The person in charge of the inward conveyances may also handle declaration formalities with the customs before the conveyances enters the territory of the People's Republic of China.

Article 14 Where the inward conveyances arrives in the customs control area, the management of the control area shall notify the customs.

Article 15 The customs shall, when handling the declaration for inward conveyances, examine and verify both the electronic data and print declaration documents.
Without approval by the customs, state-designated inward conveyances shall not, before it declares to the customs, unload any goods, commodities or embark or disembark any persons other than the pilot and officers of the inspection office at the port.

Section 2 Supervision and Administration of the Stay of Inward and Outward Conveyances

Article 16 After arriving at a place with a customs office, the inward and outward conveyances shall be subject to supervision and inspection by the customs.
Where the inward and outward conveyances is being examined by the customs, the person in charge of the conveyances shall be present and open the compartments, cabins and rooms or doors of the vehicle; where the inward and outward conveyances is suspected of smuggling, the parts thereof where smuggled goods are suspected to be hidden under suspicion shall be opened and the goods and materials shall be removed for inspection.
The customs shall, if it deems as necessary, require the crew of the inward and outward conveyances to assemble and cooperate with the inspection by the customs.
The customs shall, upon the completion of the inspection, prepare the Inspection Record in accordance with relevant regulations.

Article 17 The customs shall, when it deems necessary, dispatch customs officers to attend the inward and outward conveyances and the person in charge of the inward and outward conveyances shall provide the necessary assistance to such customs officers.
Where the customs dispatch officers to attend the inward and outward conveyances, the inward and outward conveyances shall not unload goods, commodities or embark or disembark any passenger without the approval by the customs officers.

Article 18 The person in charge of the inward and outward conveyances shall declare to the customs one hour before the goods are unloaded from the inward and outward conveyances; where the voyage or distance is no more than one hour, the person in charge of the inward and outward conveyances may declare to the customs before the goods are unloaded.
The customs shall supervise the loading and unloading of the goods from the inward and outward conveyances.
The person in charge of the inward and outward conveyances shall, upon the completion of loading and unloading of goods from the inward and outward conveyances, submit to the customs the documents and records concerning the actual loading and unloading.

Article 19 Where the inward and outward conveyances changes its docking location during the period when it berths in the customs control area, the person in charge of the inward and outward conveyances shall declare to the customs in advance.

Section 3 Supervision and Administration of the Travel of Inward and Outward Conveyances within China

Article 20 Where the inward and outward conveyances travels from the jurisdiction of one customs office to the jurisdiction of another customs office within the territory of China, the person in charge of the inward and outward conveyances shall go through the departure formalities in accordance with relevant regulations provided in Section 4 of this Chapter.

Article 21 Where the inward and outward conveyances travels from the jurisdiction of one customs office to that of another within China, the customs office in charge of the place of departure shall prepare and issue customs seal to the inward and outward conveyances in accordance with the customs supervisory and regulatory provisions. The person in charge of the inward and outward conveyances shall properly keep the customs seal and submit the same to the customs office in charge of the place of destination upon arrival.
Without approval by the customs of the departure station, the inward and outward conveyances shall not drive to any other destinations other than that indicated by the customs seal; the inward and outward conveyances shall not travel to a destination outside China without completing the customs formalities.

Article 22 Where the inward and outward conveyances travels from the jurisdiction of one customs office to that of another within China, the customs office may dispatch customs officers to supervise the conveyances and the person in charge of the inward and outward conveyances shall provide necessary assistance to the customs officers in discharging their duties.

Article 23 Where the inward and outward conveyances travels from the jurisdiction of one customs office to that of another within China, it shall complete the arrival formality in accordance with relevant regulations as provided in Section 1 of this Chapter.

Section 4 Supervision and Administration of Outward Conveyances Exiting the Territory of China

Article 24 The person in charge of the outward conveyances shall declare to the customs office the departure time in electronic form two hours before it leaves the jurisdiction for a destination outside the territory overseas. Where the outward conveyances exits the territory of China on a temporary basis, the person in charge of the conveyances may declare to the competent customs office the departure time before it departs from the jurisdiction of the customs office.
Where due to practical constraints, the person in charge of a road vehicle exiting the territory of China may declare to the customs office by telephone or fax before the vehicle exits.

Article 25 When the outward conveyances exits the territory of China, the person in charge of the conveyances shall declare to the competent customs office and submit the Customs Declaration Form for the outward Vessels of the People's Republic of China, the Customs Declaration Form of the outward Aircraft of the People's Republic of China, the Customs Declaration Form of the Railway Train of the People's Republic of China or the Customs Declaration Form of the outward Road Vehicle of the People's Republic of China in light of the type of conveyances and any other document as may be required to be verified as listed in the declaration form.

Article 26 The person in charge of the outward conveyances shall, after all the goods and commodities are loaded or all the passengers are on board, apply to the customs office for clearance. The customs office shall prepare and issue the Customs Clearance Letter after proper inspection.
After the customs formulates and issues the Customs Clearance Letter, no goods may be loaded to or unloaded from the outward conveyances, nor may any passenger embark onto or disembark from the outward conveyances, unless otherwise approved by the customs office.

Article 27 When the outward conveyances leaves the customs control area, the operator of the customs control area shall notify the customs.

Article 28 Where the inward and outward conveyances for which the customs formalities concerning customs clearance and exiting the territory of China or further travel within the territory of China have been completed fails to depart within 24 hours after the formalities are completed, the person-in-charge of the conveyances shall go through the formalities anew.

Chapter IV Regulation of Materials

Article 29 The following materials may be added to, loaded to and unloaded from, or allocated to or from the inward and outward conveyances upon application by the person in charge of the conveyances and the approval by the customs:
1. Fuels such as light oil and heavy oil as are necessary for the operation or and navigation of the inward and outward conveyances;
2. Daily necessities and foodstuff as are necessary for the crew and passengers on the inward and outward conveyances;
3. Spare parts and dunnage materials as are necessary for ensuring the safety of the inward and outward conveyances and the goods hereon as well as the ropes, awning cloth and thatch net etc. used for fastening and covering; and
4. Any other materials as approved by the customs.

Article 30 Where the materials needs to be added, loaded or unloaded onto or from the inward and outward conveyances, the entities adding materials or accepting the materials shall declare to the customs and submit the following documents:
1. The Declaration Form of the Customs of the People's Republic of China for Loading Unloading or Adding Materials to Conveyances;
2. List of the materials added, loaded or unloaded; and
3. Any other documents which are deemed as necessary by the customs.
Where any materials are added or loaded to or unloaded from overseas conveyances within the territory of the People's Republic of China, such materials shall be included in the statistics of the customs.

Article 31 Where materials are transferred between the inward and outward conveyances, the person in charge of the inward and outward conveyances to which the materials are transferred shall submit to the customs the List of Materials Transferred between Conveyances upon the completion of such transfer.

Article 32 The adding, loading and unloading and transfer of materials to, from or between inward and outward conveyances shall be subject to the supervision and administration of the customs.

Article 33 For the materials added, loaded, unloaded or transferred to, from or between the inward and outward conveyances, the person in charge of the inward and outward conveyances is exempted from submitting the permits for such adding, loading, unloading or transferring; the customs shall release such conveyances without levying duties; where the materials that are restricted by the State to enter to or exit from the territory of China are added, loaded, or unloaded, or the materials involve the national economy and the people's livelihood of China and the quantity of the materials so added, loaded, or transferred is in excess of the reasonable amount as is reasonable for the consumption of the crew and passengers of the inward and outward conveyances, the person in charge of the conveyances shall go through the customs formalities in accordance with relevant regulations on the imported or exported materials.

Article 34 Except for under the following circumstances, the waste materials generated by the inward and outward conveyances shall be transported out of the territory of China by such conveyances itself:
1. The materials which are declared as waste by the person in charge of the conveyances declares are on the List of Wastes Subject to Automatic Import Licensing Useable as Raw Materials and the List of Wastes Subject to Import Restriction Useable as Raw Materials and the recipient of the materials has already completed the import formalities; or
2. Supply materials which are not on the List of Wastes Restricted by the State for Import as Raw Materials and the List of Waste Used as Raw Materials under Automatic-Licensing Import and the slop and rubbish generated by the inward and outward conveyances, all of which will be rendered harmless by the person in charge of the conveyances of recipient of the materials within 30 days after being unloaded from the conveyances;
Where statutory formalities fail to be completed for materials listed in items (1) and (2), or such materials fail to be rendered harmless within the prescribed time limit, the customs may order such materials to be returned.

Article 35 The person in charge of the inward and outward conveyances shall deliver all the imported goods to the consignee. After being approved by the customs, the cargo sweeping satisfying all the following conditions can be released free of duty:
1. Where the imported goods are bulk commodities;
2. Where the consignee of the imported goods confirms that all the goods have already been unloaded from the conveyances; and
3. where the quantity of cargo sweeping is less than one ton and accounts for less than 0.1% of the total quantity of the imported goods.
Where the aforementioned cargo sweeping is subject to license administration, the person in charge of the inward and outward conveyances shall be exempted from submitting license.

Chapter V Regulation of the Carry-on Items of the Crew of the Conveyances

Article 36 Where a crew member of the inward and outward conveyances carries items into or out of the territory of China, the crew member shall declare to the customs and subject himself or herself to the supervision of the customs.

Article 37 The carry-on items of the crew of the inward and outward conveyances shall be limited to a reasonable quantity of supplies necessary for their personal use during the service period.
The crew of the conveyances shall not carry any items into or out of the territory of China for anyone other than the crew of the conveyances.

Article 38 Where a crew member of the inward and outward conveyances carries any item into China for his or her personal use, he or she shall go through formalities with the customs; the items shall be subject to inspection and clearance of the customs.

Chapter VI Supplementary Provisions

Article 39 Any violation these Measures that constitutes smuggling, or any violation of the customs supervisory regulations or any other violation of customs laws and regulations shall be punished by the customs in accordance with the Customs Law and the Implementing Regulations of the Customs of the People's Republic of China on Administrative Penalties; where such a violation constitutes a criminal offense, the violator(s) shall be prosecuted for criminal responsibilities.

Article 40 For the purpose of these Measures, the following terms shall be defined as follows:
The persons in charge of the conveyances shall mean all the enterprises and operation enterprises of inward and outward conveyances, the captains, drivers of motor vehicles, or chief conductors of the inward and outward conveyances as well as all the agents authorized by the aforementioned enterprises or persons.
Means of transport service enterprises shall mean the enterprises which provide the inward and outward conveyances with the materials as provided in Article 29 of these Measures or the enterprises which receive the waste and used materials generated by the conveyances (including the crew and passengers on the means of transport).
Cargo sweeping shall mean the residual of imported goods sweeped from the outward conveyances upon the compeletion of unloading when the consignor confirms that all the goods are unloaded from the inward and outward conveyances yet some residue of the goods actually are not unloaded because of technological reasons.
The crew of the conveyances shall mean the persons who engage in navigation and service and possesses relevant qualification certificates as well as the interns on the inward and outward conveyances.

Article 41 Where it is approved by the General Administration of Customs that only electronic data of conveyances are accepted for customs clearance, the declarer shall preserve the print documents for at least three years.

Article 42 A separate set of measure shall be formulated by the customs for the supervision and regulations for pack animals.
The supervision and administration of the customs over the small-sized vessels and road vehicle to and from Hong Kong and Macao shall be subject to relevant regulations otherwise formulated by the customs.

Article 43 The format of the documents listed in these Measures shall be released by the General Administration of Customs.

Article 44 These Measures shall be interpreted by the General Administration of Customs.

Article 45 These Measures shall come into effect as of January 1, 2011 and The Measure of the Customs of the People's Republic of China for the Supervision and Administration of International Aircrafts promulgated by the Foreign Trade Ministry ([1974] Mao Guan Huo No. 233) on September 10, 1977, The Measures of the Customs of the People' Republic of China for the Supervision of Inward and Outward Trains and the Goods and Commodities Thereon promulgated by Order of the General Administration of Customs No. 11 on March 15, 1990 and the Measures of the Customs of the People's Republic of China for the Control of Entry and Exit of International Vessels and Goods and Articles on Board promulgated by Order of the General Administration of Customs No. 24 on August 23, 1991 shall be annulled as of the same date on January 1, 2011.