Promulgation Authorities:  State Council

Promulgation Date:  2011.01.08

Effective Date:  2011.01.08

Validity Status:  valid

Provisions on the Use of Arms and Police Weapons by Customs Officers (Revised in 2011)

Provisions on the Use of Arms and Police Weapons by Customs Officers (Revised in 2011)

(Promulgated under the Decree No.7 of the General Administration of Customs and the Ministry of Public Security on June 19, 1989 upon the Approval of the State Council on May 11, 1989, and revised in accordance with the Decision of the State Council on Repealing and Amending Certain Administrative Regulations on January 8, 2011)

Article 1    These Provisions are enacted in accordance with Article 6 of the Customs Law of the People's Republic of China for the purpose of ensuring the use of arms and police weapons by Customs officers to perform their duties in accordance with the law.

Article 2    The arms and police weapons used by Customs officers shall be distributed by the General Administration of Customs in a unified way with the consent of the local public security organ. When carrying out anti-smuggling tasks, Customs officers shall use arms and police weapons in accordance with these Provisions.

The arms and police weapons used by Customs officers include light firearms, electric batons, handcuffs, and other arms and police weapons approved to be loaded.

Article 3    The arms and police weapons allocated to the Customs officers shall be for official use only and shall not be allocated for the exclusive use of individuals.

When carrying out anti-smuggling tasks with guns, Customs officers shall carry with them the firearm licence or firearm pass issued by the local public security organ.

Article 4    When carrying out anti-smuggling tasks, Customs officers may open fire under any of the following circumstances:

(I) when a fleeing smuggling gang is being pursued or an armed smuggling escort is encountered, and the offender cannot be subdued without shooting;

(II) when the smuggler or suspected smuggler resists inspection by violence or seizes weapon or police weapons, threatening the life and safety of Customs officers, and Customs officers cannot defend themselves without shooting; and

(III) when the smuggler or suspected smuggler robs by violence the smuggled goods, articles and other evidence seized, and Customs officers cannot stop the seizure without shooting.

Article 5    When carrying out anti-smuggling tasks, Customs officers may use police weapons under any of the following circumstances:

(I) when the smuggler or suspected smuggler resists inspection by violence or escapes;

(II) when the smuggler or suspected smuggler resists inspection by violence the smuggled goods, articles and other evidence seized;

(III) when the Customs officers being attacked need to defend themselves while carrying out anti-smuggling tasks; and

(IV) other circumstances where it is necessary to use police weapons.

Article 6    When using arms or police weapons, Customs officers shall limit their use to subduing the person involved. When shooting in accordance with the provisions of Article 4 of these Provisions, Customs officers shall first issue a verbal warning or fire a warning shot, except under extremely urgent circumstances; as soon as the person involved shows cowardice, Customs officers shall cease shooting immediately. Where shooting causes casualties, the scene shall be preserved, and immediate reports shall be made to the Customs at next higher level and the local public security organ.

Article 7    Any Customs officer violating these Provisions by misuse of arms or police Weapons will be investigated for his/her liability according to Law.

Article 8    These Provisions shall come into force on the date of promulgation.