海关行政处罚实施条例英文版

Regulations of the People’s Republic of China on Implementing Customs

Administrative Penalty

(Adopted at the 62nd Executive Meeting of the State Council on September 1, 2004, promulgated by Decree No. 420 of the State Council of the People’s Republic of China on September 19, 2004, and effective as

of November 1, 2004)

Chapter I General Provisions

Article 1These implementing Regulations are formulated in accordance with the provisions of the Customs Law of the People’s Republic of China (hereinafter referred to as the Customs Law) and other related laws for the purposes of standardizing Customs administrative penalty, safeguarding the lawful exercise by the Customs of its functions and powers and protecting the lawful rights and interests of citizens, legal persons and other organizations.

Article 2 These implementing Regulations shall be applicable to the disposition of the smuggling acts which are not investigated for criminal liability in accordance with the law, the acts which violate regulations on Customs control, as well as the acts for which administrative penalty is imposed by the Customs as prescribed by laws and administrative regulations.

Article 3 Customs administrative penalty shall be under the jurisdiction of the Customs office discovering the illegal act, and may also be under the jurisdiction of the Customs office in the place where the illegal act is committed.

Where two or more Customs offices have jurisdiction over a case, the

Customs office which first discovers the illegal act shall have jurisdiction.

Where jurisdiction over a case is not clear, the Customs offices concerned shall make a determination thereon through consultation. If consultation fails, they shall report the matter to their common superior Customs office for the designation of jurisdiction.

For a grave and complicated case, the General Administration of Customs may designate a Customs office to exercise jurisdiction.

Article 4 On discovering an illegal act which shall be dealt with by another administrative department in accordance with the law, a Customs office shall refer the case to the relevant administrative department for disposition; where the illegal act is suspected of involving a crime, the case shall be referred to the Customs police department responsible for the investigation of smuggling crimes or the local public security organ for disposition according to law.

Article 5 Where such an administrative penalty as a warning or a fine is imposed in accordance with these implementing Regulations but no inward or outward goods, articles or means of transport are confiscated subsequently, the party concerned shall not be exempted from the obligations to pay Customs duties, submit the import or export licensing documents or complete relevant Customs formalities as specified by the law.

Article 6 Where anyone resists or obstructs the Customs police department responsible for the investigation of smuggling crimes from carrying out its duty according to law, the Customs police department responsible for the investigation of smuggling crimes set up in a