海关总署令第104号

颁布日期：20031118 　实施日期：20040101 　颁布单位：海关总署

No. 104

The Measures of the People's Republic of China for the Customs' Supervision over Inward and Outward Express Consignments， which were deliberated and adopted at the General Administration's working conference on December 23， 2002， are hereby promulgated， and shall be implemented on January 1st， 2004. The Measures of the People's Republic of China for the Customs' Supervision over Inward and Outward Express Consignments promulgated on January 25， 1998 （ShuJian [1998] No. 48） shall be repealed simultaneously.

Mou Xinsheng， Director General

November 18th， 2003

Measures of the People's Republic of China for the Customs' Supervision over Inward and Outward Express Consignments

Chapter I General Provisions

Article 1 With a view to strengthening the customs' supervision over inward and outward express consignments， and facilitating the clearance of inward and outward express consignments， the present Measures are formulated according to the Customs Law of the People's Republic of China and other relevant laws and administrative regulations.

Article 2 The term “inward and outward express consignments” as mentioned in the present Measures means the inward and outward goods and articles undertaken or carried by inward and outward express consignment operators by means of rapid commercial operations which they promise to their clients.

Article 3 The term “an inward and outward express consignment operator” （hereinafter referred to as the operator） as mentioned in the present Measures means an international freight agency enterprise lawfully registered inside the territory of the People's Republic of China as well as registered and recorded in the customs to engage in the operation of inward and outward express consignments.

Article 4 Any operator may not undertake or carry any of the articles listed in the “Form of the People's Republic of China on the Articles Prohibited from Entering or Exiting the Territory”， nor shall it discretionally deal with any of such articles it has found， but shall immediately notify the customs and assist the customs in dealing with the article instead.

Without approval of the postal institution of the People's Republic of China， any operator may not undertake or carry any private letter.

Article 5 Any operator may not lease， lend or transfer by any means the right to customs declaration for its inward and outward express consignments， nor may it make customs declaration on behalf of any person other than itself for any goods or articles which are not to be undertaken or carried by itself.

Article 6 Without permission of the customs， the inward or outward express consignments for which the customs formalities have not been completed shall not be moved out of the surveillance place of the customs， neither shall they be loaded， unloaded， opened， re-packed， marked with a sign different from the original one， drawn， dispatched， or delivered for transport.

Chapter II Registration of Operators

Article 7 Where an operator files an application for making customs declarations on behalf of any person other than itself for inward and outward express consignments， it shall make registration in the local customs according to the administrative provisions of the customs on registration of international freight agency enterprises.

Article 8 An operator who makes registration in the local customs shall meet the following conditions：

（1） It has obtained the international freight agency enterprise approval certificate issued by the State competent authority of foreign trade and economic cooperation or an authorized department of the aforesaid authority， and has been approved to run the business of inward and outward express consignments；

（2） The Chinese party in a Chinese-foreign joint venture or cooperative operation enterprise shall have engaged in international freight agency for at least one year； while the foreign party shall have engaged in international freight agency for at least three years and in international express delivery for at least one year；

（3） A domestically funded enterprise shall have engaged in international freight agency for at least one year；

（4） It has domestic and overseas inward and outward express consignment transport network， as well as two or more overseas branches or agents；

（5） It has special marks and transport documents for its inward and outward express consignments， and its transport vehicles shall be in conformity with the requirements for the customs' supervision， and be subject to the approval of the customs for record；

（6） It meets the conditions for customs declaration by means of Electronic Data Interchange.

（7） The external packing of the express consignments shall be marked with a bar code in conformity with the requirements for the customs' automatic inspection； and

（8） It has concluded a cooperative transport contract or agreement with an overseas cooperator （or a branch established abroad by a domestic enterprise legal person）。

Article 9 Where an operator of inward and outward express consignments is no longer able to meet any of the conditions listed in Article 8 of the present Measures or has not engaged in the operation of inward and outward express consignments within one year， the customs shall nullify the operator's qualification for customs declaration for inward and outward express consignments.

Chapter III Classification of Inward and Outward Express Consignments

Article 10 Inward and outward express consignments shall， in the present Measures， fall into three categories， that is， the documental category， the individual articles category， and the goods category.

Article 11 The term “inward and outward express consignments of the documental category” means the documents， certificates， negotiable instruments， and similar materials that are prescribed in laws or regulations to be exempted from tax and are of no commercial value.

Article 12 The term “inward and outward express consignments of the individual articles category” means the luggage and articles transported separately from passengers， articles presented between relatives or friends， and other individual articles， which are prescribed in the regulations on customs， to enter or exit the territory for self-use or within a reasonable scope of quantity.

Article 13 The term “inward and outward express consignments of the goods category” means the express consignments other than those prescribed in Articles 11 and 12.

Chapter IV Supervision of Inward and Outward Express Consignments

Article 14 The clearance of inward and outward express consignments shall be conducted within the special surveillance place approved by the customs； if it is necessary to be conducted outside the special surveillance place because of a particular circumstance， it shall be consented by the local customs in advance.

An operator shall have its special area， warehouse and equipment in conformity with the customs' supervision requirements within the special surveillance place of the customs for inward and outward express consignments.

The administrative measures on special surveillance places for inward and outward express consignments shall be separately formulated by the Customs General Administration.

Article 15 The clearance of inward and outward express consignments shall be conducted during the normal working time of the customs； if it is necessary to conduct beyond the normal working time of the customs， it shall be consented by the local customs in advance.

Article 16 An operator shall， as required by the customs， make customs declaration to the customs for inward and outward express consignments with paper documents or by Electronic Data Interchange.

Article 17 Inward express consignments shall， within 14 days as of the day when the means of transport was declared for entry， and outward express consignments shall be declared to the customs 3 hours before the means of transport departs from the territory.

Article 18 An operator shall transmit or submit a manifest or checklist of the inward or outward express consignments to the customs， and the customs shall， after confirming that there is no error therein， accept the declaration； where the operator needs to make customs declaration in advance， it shall notify the customs in writing of the carriage or arrival of the inward and outward express consignments in advance， and transmit or submit the manifest or checklist to the customs， and the customs shall， after confirming that there is no error therein， accept the advance declaration.

Article 19 When the customs is inspecting the inward or outward express consignments， the operator shall send some one to be present at the scene， and be responsible for the moving， opening and re-packing of the inward and outward express consignments.

When the customs is opening any of the individual articles among the inward or outward express consignments for inspection， the operator shall notify the addressee of the inward express consignments or the addresser of the outward express consignments to be present at the scene； in case the addressee or addresser is unable to be at the scene， the operator shall submit a power of attorney to the customs to represent the addressee/addresser to perform the obligations， and bear corresponding legal liabilities.

The customs may， when considering it necessary， directly open the inward or outward express consignments for inspection， re-inspect them or draw samples of goods.

Article 20 Unless otherwise prescribed， the operator shall， when making customs declaration for inward or outward express consignments， separately according to the provisions on classification in Article 11 through 13 of the present Measures， submit relevant customs declaration documents to the customs and conduct corresponding formalities for customs declaration and duty payment.

Article 21 The operator shall， when making customs declaration for inward and outward express consignments of the documental category， submit to the customs the “KJ1 Customs Declaration Form of the Customs of the People's Republic of China for Inward and Outward Express Consignments” （see Annex 1）， the general transport document （counterpart）， and other documents as required by the customs.

Article 22 The operator shall， when making customs declaration for inward and outward express consignments of the individual articles category， submit to the customs the “Individual Articles Declaration Form of the Customs of the People's Republic of China for Inward and Outward Express Consignments” （see Annex 2）， the specific transport document of each inward or outward express consignment， a photocopy of the identification certificate of the addressee of inward express consignments or of the addresser of outward express consignments， and other documents as required by the customs.

Article 23 The operator shall， when making customs declaration for inward express consignments of the goods category， submit customs declaration documents to the customs separately according to the following circumstances：

With regard to the goods whose tariff amount is below the minimum threshold of tariff as prescribed in the “Regulations of the People's Republic of China on Import and Export Tariff” as well as the samples of goods or the advertisement articles exempted from customs duty as prescribed by the customs， the “KJ2 Customs Declaration Form of the Customs of the People's Republic of China for Inward and Outward Express Consignments” （see Annex 3）， the specific transport document of each inward express consignment， the invoices， and other documents as required by the customs shall be submitted.

With regard to the samples of goods or the advertisement articles on which customs duties shall be levied （except for those prescribed by laws or regulations to be subject to permit administration， and those for which foreign exchanges need to be paid upon import）， the “KJ3 Customs Declaration Form of the Customs of the People's Republic of China for Inward and Outward Express Consignments” （see Annex 4）， the specific transport document of each inward express consignment， the invoices， and other documents as required by the customs shall be submitted.

Article 24 The clearance for the goods other than those prescribed in Articles 21 through 23 shall be handled according to the provisions of the customs on clearance of import goods.

Article 25 The operator shall， when making customs declaration for outward express consignments of the goods category， submit the customs declaration documents to the customs separately according to the following circumstance：

With regard to the samples of goods or the advertisement articles （except for those prescribed by laws or regulations to be subject to permit administration， those for which export tariff shall be levied， those for which foreign exchanges need to be collected upon export， and those for which taxes need to be refunded for export）， the “KJ2 Customs Declaration Form of the Customs of the People's Republic of China for Inward and Outward Express Consignments”， the specific transport document of each outward express consignment， the invoices， and other documents as required by the customs shall be submitted.

The clearance for the goods other than those mentioned above shall be handled according to the provisions of the customs on clearance of export goods.

Chapter V Specially Delivered Inward and Outward Express Consignments

Article 26 The term “specially delivered inward and outward express consignments” means the express consignments carried by air by the operator into or out of the territory in a way of special delivery under escort.

Article 27 The operator who is engaged in the business of specially delivered inward and outward express consignments shall， in addition to making registration according to the relevant provisions in Chapter II of the present Measures， register such particulars of the specially delivered inward and outward express consignments as the port of entry or exit， the time， route， schedule of the means of transport， detailed information on the special deliverer himself， the mark， etc. in the local customs. In the event of any modification， the operator shall make registration in the local customs 5 working days prior to such modification.

Where the aforesaid conditions are met， the local customs shall issue the “Registration and Record Certificate of the Customs of the People's Republic of China for Specially Delivered Inward and Outward Express Consignments” （see Annex 5）， upon strength of which the operator shall make customs declaration for the specially delivered inward and outward express consignments.

Article 28 Specially delivered inward and outward express consignments shall be consigned as luggage articles， be specially packed， and be indicated with the operator's name and the words of “Specially Delivered Inward and Outward Express Consignments” on an eye-catching position of the general packing.

Chapter VI Legal Liabilities

Article 29 Any one who violates the present Measures by committing any smuggling act shall be punished by the customs pursuant to the “Customs Law of the People's Republic of China”， the “Detailed Rules for the Implementation of Administrative Penalties under the Customs Law of the People's Republic of China”， and other relevant laws and administrative regulations； if a crime is constituted， the offender shall be subject to criminal liabilities in jure.

Chapter VII Supplementary Provisions

Article 30 The responsibility to interpret the present Measures shall remain with the Customs General Administration.

Article 31 The present Measures shall be implemented on January 1st， 2004.