Promulgation Authorities:  General Administration of Customs

Promulgation Date:  2018.05.29

Effective Date:  2018.07.01

Validity Status:  valid

Provisional Measures on Administration of Customs Control Premises of the People’s Republic of China

Provisional Measures on Administration of Customs Control Premises of the People's Republic of China

Chapter 1 General Principles

Article 1   These Measures are formulated pursuant to the provisions of the Customs Law of the People's Republic of China and other relevant laws and administrative regulations, for the purpose of standardising of administration of the Customs Control Premises.

Article 2   Customs Control Premises referred to in these Measures shall mean the premises and venues for which the Customs implement supervision and administration for inbound and outbound transportation vehicles, goods and articles as stipulated in Article 100 of the Customs Law of the People's Republic of China, including special Customs supervision areas, supervised bonded premises, Customs-supervised work premises, duty-free shops and other premises and venues where Customs supervision is implemented.

Customs-supervised work premises referred to in these Measures shall mean the premises operated and managed by an enterprise, for inbound and outbound transportation vehicles or transportation vehicles in China carrying Customs-supervised goods to enter or exit or stop over, which carry out business activities relating to entry or exit, load or unload, storage, consolidated shipping, temporary storage etc of Customs-supervised goods, comply with the "Specifications for Setting up Customs-supervised Work Premises" (hereinafter referred to as the "Premises Setup Specifications") and have completed the relevant Customs formalities.

The Premises Setup Specifications shall be separately formulated and announced by the General Administration of Customs.

Article 3   These Measures shall apply to Customs administration of the Customs Control Premises.

Where the Customs rules stipulate otherwise for administration of special Customs supervision areas, supervised bonded premises and duty-free shops, such provisions shall prevail.

Article 4   Citizens, legal persons and other organisations carrying out approved businesses within the Customs Control Premises pursuant to the law shall carry out the relevant businesses in accordance with the requirements of the relevant authorities in charge.

Article 5   Customs implementation of the provisions of these Measures shall not hinder performance of the corresponding duties by other authorities.

Chapter 2  Administration of Customs Control Premises

Article 6    The Customs Control Premises shall install infrastructure, inspection and examination facilities and the corresponding supervision facilities which comply with Customs supervision requirements.

Article 7   The Customs shall, pursuant to the provisions of the Customs Law of the People's Republic of China, exercise powers to inspect and examine inbound and outbound transportation vehicles, goods and articles within the Customs Control Premises.

Article 8   Inbound and outbound transportation vehicles, goods and articles shall enter or exit China through the Customs Control Premises.

Article 9   Inbound and outbound transportation vehicles or transportation vehicles in China carrying Customs-supervised goods shall park at Customs Control Premises for loading and unloading, and complete Customs formalities.

Article 10   Inbound and outbound goods shall handle Customs-supervised activities such as entry and exit, loading and unloading, storage, consolidated shipping and temporary storage on a centralised basis at the Customs-supervised work premises within the Customs Control Premises.

Article 11   Inbound and outbound articles shall complete Customs formalities at Customs clearance premises for tourists and premises for mail articles within the Customs Control Premises, unless otherwise stipulated by the General Administration of Customs.

Article 12   Persons engaging in business activities relating to inbound and outbound transportation vehicles, goods, articles etc within the Customs Control Premises shall be subject to Customs supervision.

Article 13   In the event of disaster relief, temporary offloading, loading and transportation of live and fresh products or other special circumstances, where there is a need to temporarily enter or exit China through venues without Customs presence, the approval of the State Council or an agency designated by the State Council shall be obtained, and Customs formalities shall be completed.

Chapter 3  Administration of Customs-supervised Work Premises

Article 14   An enterprise applying for operation of Customs-supervised work premises (hereinafter referred to as the "applicant") shall satisfy all the following criteria:

(1) It is an independent enterprise legal person;

(2) It has obtained industry and commerce registration which corresponds to the scope of business for the Customs-supervised work premises; and

(3) It has premises which comply with the Premises Setup Specifications.

Where the premises will be operated by a branch of the legal person, the branch shall be authorised by the enterprise legal person.

Article 15   The applicant shall submit an application for registration with the direct-reporting Customs or subordinate Customs at the dominant locality (hereinafter referred to as the "the Customs in charge"), and submit the following materials:

(1) Application form for registration of enterprise operating the Customs-supervised work premises; and

(2) functional layout for Customs-supervised work premises, and schematic diagram for regulatory facilities.

Where the premises will be operated by a branch of the legal person, the applicant shall submit the authorisation document executed by the enterprise legal person.

Article 16   The Customs in charges shall handle the relevant administrative licensing matters pursuant to the provisions of the Law of the People's Republic of China on Administrative Licensing and the Measures of the PRC Customs on Implementation of the "Law of the People's Republic of China on Administrative Licensing"; the detailed measures shall be separately formulated and announced by the General Administration of Customs.

Article 17   The Customs may adopt video surveillance, network verification, onsite inspection, inventory check methods etc for supervision of Customs-supervised work premises.

Article 18   Business enterprises shall, pursuant to Customs supervision needs, install gantry and equipment at entry and exit points of the Customs-supervised work premises, and install gantry control system and equipment linked to the Customs.

Article 19   Business enterprises shall present the Customs clearance information to complete the formalities for entry or exit of Customs-supervised goods and the relevant transportation vehicles in the Customs-supervised work premises.

Article 20   Business enterprises shall keep electronic data or hard copy documentation for entry and exit of goods and storage information etc properly for not less than three years; the Customs may inspect and make copies thereof.

Article 21   Business enterprises shall establish a computerised management system and a video surveillance system linked to the Customs network at the Customs-supervised work premises, and establish a full-coverage wireless network in accordance with Customs supervision needs.

Article 22   Where the Customs-supervised work premises become non-compliant with the Premises Setup Specifications, the business enterprise shall forthwith adopt measures to rectify and report to the Customs. The Customs shall, based on administrative needs, adopt the corresponding restrictive measures.

Article 23   Business enterprises shall load and unload, store, consolidated ship, temporarily store Customs-supervised goods at the Customs-supervised work premises.

Loading and unloading, storage, consolidate shipping and temporary storage of non-Customs-supervised goods shall be separated from Customs-supervised goods, with clear labeling, and shall not hinder Customs supervision for Customs-supervised goods.

Business enterprises shall, pursuant to Customs needs, convey information on non-Customs-supervised goods entering or exiting Customs-supervised work premises etc to the Customs.

Article 24   Business enterprises shall report to the Customs the information of Customs-supervised goods which are stored for more than three months in the Customs-supervised work premises. The Customs may verify information on storage of the relevant goods.

Article 25   Business enterprises shall establish the relevant systems for management of staff, documentation, equipment and duty roster in relation to Customs-supervised activities.

Article 26   Where the Customs discover, in the course of performance of

statutory duties, any safety hazard in Customs-supervised goods within the Customs-supervised work premises, the Customs shall promptly report to the authorities in charge.

Article 27   Business enterprises which have committed any of the following acts shall be ordered to make correction, be given a warning, and may be ordered to suspend the relevant businesses within the corresponding Customs-supervised work premises within six months:

(1) Fail to present the Customs clearance information to process the formalities for entering or exiting the Customs-supervised work premises;

(2) Fail to retain the electronic data or hard copy documentation regarding entry or exit of goods and storage information etc pursuant to the provisions of these Measures;

(3) The Customs-supervised work premises become non-compliant with the Premises Setup Specifications but the business enterprise fails to repair promptly, therefore affecting Customs supervision;

(4) Fail to handle loading and unloading, storage, consolidate shipping, temporary storage of Customs-supervised goods pursuant to the provisions of these Measures; or

(5) Fail to report to the Customs pursuant to these Measures information of Customs-supervised goods which are stored for more than three months in the Customs-supervised work premises.

Where a business enterprise is ordered to suspend business due to the reason stated in item (3) of the preceding paragraph, it may resume business earlier if the Customs-supervised work premises satisfy the requirements after correction.

Where a business enterprise commits smuggling or a serious violation of Customs supervision, the Customs shall order the business enterprise to make correction, and order the business enterprise to suspend the relevant businesses within the corresponding Customs-supervised work premises within six months.

Chapter 4  Supplementary Provisions

Article 28    Customs officers guilty of corruption, abusing official powers, dereliction of duties or failing to perform the duties stipulated in these Measures pursuant to the law shall be punished pursuant to the law.

Article 29    The General Administration of Customs shall be responsible for interpretation of these Measures.

Article 30   These Measures shall be implemented with effect from 1 November 2017. The Administrative Measures of the People's Republic of China on Customs Control Premises promulgated on 30 January 2008 via General Administration of Customs Order No. 171 and Article 6 of the Decision of General Administration of Customs on Revision of Certain Rules promulgated on 27 April 2015 via General Administration of Customs Order No. 227 shall be repealed simultaneously.