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Provisions of the Customs of the People's Republic of China on Administration of Customs(3)

  • Type : Regulation
  • Release Date : 2008-05-12

Chapter V Legal Liability


Article 17 With regard to any one of the following acts, the Customs shall suspend the declaration rights of the Customs agency enterprise for a period of six months:


(1) acts in violation of the provisions of supervision and control of the Customs;


(2) where administration on the Customs agents are not strict and qualification of many clearance agents have been revoked;


(3) delaying payment of duty payable or failing to fulfill the obligation of duty payment;


(4) failure to pass the annual audit of the Customs or delaying the participation of the annual audit without having gained the prior approval of the Customs;


(5) violation of Article 14 and Article 16 of these Provisions;


(6) where declaration rights are suspended due to other causes.


Article 18 With regard to any one of the acts, the Customs shall cancel the declaration rights of the Customs declaration agency and go through the relevant procedures in accordance with Article 10 of these Provisions:


(1) where the original situation changes to the extent that it fails to meet the qualifications listed in Article 5 of these Provisions:


(2) one of serious acts listed in Article 17 of these Provisions;


(3) any acts of smuggling;


(4) where business license is revoked by Office of Administration for Industry and Commerce;


(5) where declaration rights shall be cancelled due to other causes.


Article 19 The Customs agency enterprise shall be solely responsible for the economic disputes between the Customs agency enterprise and the client, caused by the suspension or the cancellation of the declaration rights by the Customs.


Article 20 Where the Customs agency enterprise violates the Customs Law of the People's Republic of China in the process of the Customs declaration and duty payment, the Customs shall settle the case in accordance with the provisions of Article 17 and Article 18 and the provisions of Rules for the Implementation of the Administrative Penalty of the Customs Law of the People's Republic of China. The Customs shall also investigate the criminal responsibility of the legal representative.


  Where the Customs agency enterprise has failed to implement the decision of the Customs on the payment of additional duty and penalty within the period prescribed by the Customs, the Customs shall pursue the payment of the amount of duty payable and submit an application to the people's Court for enforcement according to law, or withhold directly from the sum of risk guarantee.


Chapter VI Supplementary Provisions


Article 21 Where the Customs agency enterprise applies for registration pursuant to these Provisions, the agency concerned shall pay the handling fee and the cost of production in pursuance of the provisions of the Customs.


Article 22 Qualification of the Customs declaration of the agency engaging in international delivery through post and entry and exit express mail shall be examined and issued pursuant to the other relevant provisions of the Customs. Registration of the Customs declaration and administration shall be handled in light of these Provisions.


Article 23 The General Administration of Customs is responsible for the interpretation of these Provisions.


Article 24 These Provisions shall enter into force as of September 1, 1995.


The end

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