Provisions of the Customs of the People's Republic of China on Administration of Customs(1)

Provisions of the Customs of the People's Republic of China on Administration of Customs

Agency Enterprises

Decree [1995] No.52 of the General Administration of Customs

July 6,1995

Chapter I General Provisions

Article 1 These Provisions are formulated in accordance with the Customs Law of the People's Republic of China and the relevant laws and regulations with a view to strengthening the administration of the Customs declaration agencies.

Article 2 The term the Customs agency enterprise in these Provisions refers to the domestic legal person that engages in agency business of transportation of international goods and international means of transport, conducts on behalf of the client, the Customs declaration and duty payment of import and export goods, and goes through the procedures of registration and record.

Article 3 The Customs of the People's Republic of China shall be the competent department authorized to examine the qualification of the Customs agencies, and to be responsible for registration and record.

Article 4 When the Customs agency enterprise undertakes on behalf of the client to declare and pay duty to the Customs, the agency shall abide by the relevant laws and regulations of the Customs Law, and be responsible for the authenticity of names, sizes, prices and quantities of all declared goods, and undertake the corresponding legal liabilities.

Chapter II Qualification Examination and Registration

Article 5 The enterprises applying for registration of the Customs agency enterprise shall possess the following qualifications:

(1) engaging in the agency business of transportation of international goods and international means of transport approved by the competent department of the State Council;

(2) the amount of registered capital exceeds RMB 1,500,000 yuan;

(3) payment of guarantee of RMB 200,000 yuan; and

(4) other conditions deemed necessary by the Customs.

Article 6 The local Customs Houses shall go through the procedures of registration on the strength of the Application for the Registration of the Customs Agency Enterprise and the original copy (or duplicate) of the following documents submitted by the Customs declaration agency, Certificate of Registration of Customs Agency Enterprise:

(1) documents of approval from the competent department of the State Council for the undertaking of agency business of international transportation of goods and international means of transport;

(2) business license verified and issued by the Office of Administration for Industry and Commerce;

(3) administration system of finance and account and information on accounting book-keeping;

(4) the capital verification report and the bank account number;

(5) the legal representative, the chief in charge of the business of Customs declaration and the name, telephone, ID card number of the proposed agent; and

(6) other documents deemed necessary by the Customs.

　　Upon acquisition of the Certificate of Registration of the Customs Agency Enterprise, the agency thereof may engage in agency business of the Customs declaration.

Article 7 Impression of the seals of the legal representative, the chief in charge of the Customs declaration, and the Customs agent, as well as the special stamp for The Customs declaration shall all be recorded with the Customs.

to be continued