Measures of the Customs of the People's Republic of China for the Administration of Export Supervised Warehouses and Stocks
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(Ordinary General Administration Order No. 133)
The "Administrative Measures of the Customs of the People's Republic of China on Export Supervised Warehouses and Stocks" has been reviewed and approved by the Council on November 2, and is hereby promulgated, effective as of January 1, 2006.
Director of the Department of Health, November 28, 2005
Measures of the Customs of the People's Republic of China for the Administration of Export Supervised Warehouses and Stocks
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the Customs Law of the People's Republic of China and other relevant laws and administrative regulations for the purpose of regulating the customs' management of export supervision warehouses and stocks.
Article 2 The term "export supervision warehouse" as mentioned in these Measures refers to the customs-specific supervision warehouse established by the Customs for the establishment of storage, bonded logistics and distribution of goods that have completed customs export procedures, and providing liquidity value-added services.
Article 3 These Measures shall apply to the establishment, operation and management of export supervision warehouses and the management of the goods in the export supervision warehouses.
Article 4 The export supervision warehouse is divided into an export distribution warehouse and a domestic transformation warehouse.
An export distribution warehouse is a warehouse that stores export goods for the purpose of actual departure.
Domestically transformed warehouses are warehouses that store export goods for domestic carry-over.
Article 5 The establishment of an export supervised warehouse shall comply with the requirements of regional logistics development and customs's layout of export supervised warehouses, and shall comply with the relevant laws and administrative regulations of the State on land administration, planning, transportation, fire protection, safety and environmental protection.
Article 6 The establishment of an export supervised warehouse shall be accepted by the competent customs at the place where the export supervised warehouse is located, and reported directly to the customs for examination and approval.
Article 7 With the approval of the Customs, the export supervision warehouse may deposit the following goods:
(1) General trade export goods;
(2) Export goods for processing trade;
(3) Export goods transferred from other special customs supervision areas and places;
(4) Export-distributed warehouses may store goods imported for the purpose of assembling export goods, and packaging materials imported for the purpose of changing the packaging of export-supervised warehouses;
(5) Other goods that have been closed for customs export procedures.
Article 8 The export supervision warehouse shall not store the following goods:
(1) The State prohibits entry and exit of goods;
(2) Unauthorized countries restrict entry and exit of goods;
(3) Other goods that may not be stored by the customs.
Chapter II Establishment of Export Supervision Warehouse
Article 9 A business enterprise applying for the establishment of an export supervised warehouse shall meet the following conditions:
(1) It has been registered in the administrative department for industry and commerce and has the qualification of corporate legal person;
(2) Having the right to operate import and export and the right to store and manage;
(3) The registered capital is more than 3 million yuan;
(4) having the ability to pay taxes to the customs;
(5) Sites with special storage goods, of which the area of ​​export distribution warehouses shall not be less than 5,000 square meters, and the area of ​​domestic transformation warehouses shall not be less than 1,000 square meters.
Article 10 An enterprise applying for the establishment of an export supervision warehouse shall submit the following written materials and certificates to the competent customs at the place where the warehouse is located:
(1) "Application for Export Supervision Warehouse";
(2) "Application Form for Export Supervision Warehouse";
(3) An application report and feasibility report for applying for the establishment of an export supervision warehouse enterprise;
(4) A copy of the approval documents for the establishment of an export-supervised warehouse enterprise or the approval of the relevant competent department for the relevant business;
(5) Applying for the establishment of a copy of the industrial and commercial business license and tax registration certificate of the export supervision warehouse enterprise;
(6) Applying for the establishment of an export supervision warehouse enterprise “Registration Certificate for Import and Export Cargo Consignor and Consignor†or a copy of “Registration Certificate for Customs Declarationâ€;
(7) A copy of the land use right certificate or the lease agreement of the leased warehouse at the warehouse of the export supervision warehouse;
(8) Schematic diagram and plan view of the warehouse location.
Where a copy is provided in the documents listed in the preceding paragraph, the original shall be submitted at the same time for verification by the customs.
Article 11 The Customs accepts and examines the application for the establishment of an export supervision warehouse in accordance with the "Administrative Licensing Law of the People's Republic of China" and the "Measures for the Implementation of the Administrative License Law of the People's Republic of China" For those who meet the requirements, an administrative license decision to grant an export supervision warehouse shall be made, and an approval document shall be issued; if the conditions are not met, an administrative license decision not to establish an export supervision warehouse shall be made, and the applicant enterprise shall be notified in writing.
Article 12 An enterprise applying for the establishment of an export supervised warehouse shall apply to the customs for acceptance of the export supervised warehouse within one year from the date of the issuance of the approval document by the customs.
The application for acceptance shall meet the following conditions:
(1) Compliance with the conditions stipulated in Item (5) of Article 9 of these Measures;
(2) Having safety isolation facilities, supervision facilities and other facilities necessary for handling the customs in accordance with customs supervision requirements;
(3) having a computer management system that meets the requirements of customs supervision and is networked with the customs;
(4) Establishing a warehouse management system such as the articles of association, institutional setup, storage facilities, account book management and accounting system of the export supervision warehouse;
(5) The property right certificate of the self-owned warehouse with the export supervision warehouse; the lease contract with the lease term of more than 5 years;
(6) Passing fire inspection and acceptance.
If the enterprise fails to apply for acceptance or fails to pass the inspection without due cause, the approval document of the export supervision warehouse shall automatically become invalid.
Article 13 After the export supervision warehouse is qualified, it shall be put into operation after being registered and registered by the directly affiliated customs and issuing the “Registration Certificate of Customs Export Supervision Warehouse of the People's Republic of Chinaâ€. The Customs Export Supervision Warehouse Registration Certificate of the People's Republic of China is valid for 3 years.
Chapter III Management of Export Supervision Warehouse
Article 14 The export supervision warehouse must be dedicated to the special library, and may not be subletted or loaned to Others for operation.
Article 15 The Customs implements computer network management for export supervision warehouses.
Article 16 Customs may, at any time, send personnel to the export supervision warehouse to check the entry, exit, transfer and deposit of goods and related books and records.
The Customs may cooperate with the export-supervised warehouse operators to lock the export-supervised warehouses or directly dispatch them to the warehouse for supervision.
Article 17 The Customs shall implement a classification management and extension review system for export-supervised warehouses. The specific measures shall be formulated separately by the General Administration of Customs.
Article 18 The person in charge of the export supervision warehouse operation enterprise and the export supervision warehouse management personnel shall be familiar with and abide by relevant customs regulations and accept customs training.
Article 19 The export supervision warehouse operation enterprise shall truthfully fill out the relevant documents, warehouse books, real records and fully reflect its business activities and financial status, and prepare monthly warehouse entry, exit, transfer, deposit status and annual financial accounting report, and Regularly submit to the competent customs.
Article 20 If an export-supervised warehouse operation enterprise needs to change the name of the enterprise, registered capital, organization form, legal representative, etc., it shall submit a written report to the immediate customs before the change, stating the change, cause and change time. After the change, the competent Customs shall re-examine it in accordance with the provisions of Article 9 of these Measures. Where the type of export supervision warehouse is changed, it shall be handled in accordance with the relevant provisions of the establishment of the export supervision warehouse in Chapter II of these Measures.
Where the export supervision warehouse needs to change the name, address, storage area and other matters, it shall be approved by the directly affiliated customs.
Article 21 If the export supervision warehouse has one of the following acts, the customs shall cancel its registration and withdraw the "Export Supervision Warehouse Registration Certificate":
(1) failing to conduct business for 6 consecutive months without justified reasons;
(2) failing to apply for extension examination or failing to review the extension due to unreasonable reasons;
(3) The warehouse management enterprise applies in writing to change the type of export supervision warehouse;
(4) The warehouse management enterprise applies in writing to terminate the export supervision warehouse storage business;
(5) The warehouse management enterprise loses the conditions stipulated in Article 9 of these Measures.
Chapter IV Management of Export Supervision Warehouse Goods
Article 22 The storage period of the goods in the export supervision warehouse is 6 months. The extension may be extended with the consent of the competent customs, but the extension shall not exceed 6 months.
Before the expiration of the storage of goods, the warehouse management enterprise shall notify the consignor or its agent to handle the exit or import formalities of the goods.
Article 23 Goods deposited in export supervision warehouses shall not be subject to substantial processing.
With the consent of the competent customs, it is possible to carry out quality value-added services such as quality inspection, classification, sorting and packaging, adding weights, brushing marks, filming, and changing packaging in the warehouse.
Article 24 For the export supervised warehouse that is approved to enjoy the tax refund policy after entering the warehouse, the customs shall issue the certificate of export goods declaration after the goods are cleared into the warehouse.
For export-supervised warehouses that do not enjoy the tax refund policy, the Customs will issue a certificate of export goods declaration after the actual departure of the goods.
Article 25 After approval by the competent Customs office at the place of transfer or transfer, and in accordance with the relevant procedures, export supervision warehouses, export supervision warehouses and bonded port areas, bonded areas, export processing areas, bonded logistics parks, bonded Goods can be transferred between special supervision areas such as logistics centers and bonded warehouses.
Where the circulation of goods involves export tax rebates, it shall be handled in accordance with relevant state regulations.
Article 26 If the export goods deposited in the export supervision warehouse are to submit the license or pay the export tariff in accordance with state regulations, the consignor or its agent shall submit the license or pay the tax.
Article 27 When an export commodity is deposited in an export supervision warehouse, the consignor or its agent shall declare it to the competent customs. The consignor or its agent shall, in addition to submitting the relevant documents in accordance with the customs regulations, submit to the “Export Supervision Warehouse Goods Arrangement List†(see Annex 1) filled out by the warehouse management enterprise.
The Customs shall review, approve and register the variety, quantity and amount of goods declared for warehousing.
With the approval of the competent Customs, you can go through the formalities of centralized customs declaration for goods that are small in quantity and frequent in batches.
Article 28 When exporting goods for export, the warehouse management enterprise or its agent shall declare to the competent customs. The warehouse management enterprise or its agent shall, in addition to submitting the relevant documents in accordance with the customs regulations, submit to the warehouse management enterprise to fill out the “Export Supervision Warehouse Goods List†(see Annex 2).
If the exit port of the warehouse is not in charge of the customs at the warehouse, with the approval of the customs, the relevant formalities may be handled at the customs where the port is located, or the relevant formalities may be handled at the competent customs.
Article 29 If the goods subject to export supervision are transferred to the import, the relevant formalities shall be handled in accordance with the relevant provisions of the imported goods.
Article 30 Goods that have been required to be replaced due to quality and other reasons that have been deposited in the export supervision warehouse may be replaced by the competent customs at the place where the warehouse is located. Before the goods are replaced, the goods should be replaced before entering the warehouse, and should be the same as the commodity code, product name, specification, model, quantity and value of the original goods.
Article 31 If the goods subject to export supervision and supervision are required to be returned or returned for special reasons, they shall be approved by the Customs and go through relevant formalities in accordance with relevant regulations.
Chapter V Legal Liability
Article 32 If the goods in the export supervision warehouse are damaged or lost during storage, in addition to force majeure, the warehouse shall pay the customs the damages of the damaged or lost goods and bear the corresponding legal responsibilities.
Article 33 If an enterprise obtains an administrative license for the establishment of an export supervision warehouse by improper means such as concealing the actual situation and providing false information, the enterprise shall cancel it according to law.
Article 34 If an export-supervised warehouse operation enterprise has one of the following acts, the customs shall order it to make corrections, and may give a warning or impose a fine of less than 10,000 yuan; if there is illegal income, it shall impose a fine of not more than three times the illegal income, but The maximum amount cannot exceed 30,000 yuan:
(1) Unauthorized storage of non-exported warehouse goods in the export supervision warehouse without the approval of the customs;
(2) The goods in the export supervision warehouse are disorderly managed and the accounts are unclear;
(3) Violating the provisions of Article 14 of these Measures;
(4) The business items have changed, and the customs formalities have not been handled in accordance with the provisions of Article 20 of these Measures.
Article 35 Other illegal acts in violation of these Measures shall be handled by the Customs in accordance with the Customs Law of the People's Republic of China and the Regulations on the Implementation of Customs Administrative Penalties of the People's Republic of China. Constitute a crime, be held criminally responsible.
Chapter VI Supplementary Provisions
Article 36 An export supervision warehouse operation enterprise shall provide office space and necessary office conditions for the customs.
Article 37 The General Administration of Customs is responsible for the interpretation of these Measures.
Article 38 These Measures shall come into force on January 1, 2006. The Provisional Administrative Measures of the Customs of the People's Republic of China on Export Supervised Warehouses, which was implemented on May 1, 1992, shall be abolished at the same time.
Attachment (omitted): 1. Export supervision warehouse goods warehousing list
2. Export supervision warehouse goods warehouse list
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