Anti-Smuggling Comprehensive Management Regulation of Guangzhou Province

 2018-05-24  12


Anti-Smuggling Comprehensive Management Regulation of Guangzhou Province


· Document Number:Announcement No. 8 of the Standing Committee of the Twelfth People’s Congress of Guangdong Province

· Area of Law: Legislative Affairs

· Level of Authority: Provincial Local Regulations

· Date issued:11-21-2013

· Effective Date:03-01-2014

· Status: Effective

· Issuing Authority: Guangdong Province People's Congress (incl. Standing Committee)

 

Announcement of the Standing Committee of the Twelfth People's Congress of Guangdong Province
(No. 8)
The Anti-Smuggling Comprehensive Management Regulation of Guangzhou Province, as adopted at the fifth meeting of the Standing Committee of the Twelfth People's Congress of Guangdong Province on November 21, 2013, is hereby issued, and shall come into force on March 1, 2014.
Standing Committee of the People's Congress of Guangdong Province
November 21, 2013
Anti-Smuggling Comprehensive Management Regulation of Guangzhou Province
(Adopted at the fifth meeting of the Standing Committee of the Twelfth People's Congress of Guangdong Province on November 21, 2013)
Chapter I General Provisions
Article 1 In order to prevent and punish smuggling acts, regulate the anti-smuggling comprehensive management work, and maintain the socialist market economic order, this Regulation is made according to the relevant laws and administrative regulations and in light of the actual condition of Guangdong Province.
Article 2 This Regulation applies to anti-smuggling comprehensive management activities conducted within the administrative region of Guangdong Province.
Article 3 The principles of conducting comprehensive management, jointly fighting against smuggling, handling cases by a unified procedure, and combining prevention and punishment shall be followed in anti-smuggling comprehensive management.
Article 4 The people's governments at all levels shall lead the anti-smuggling comprehensive management work within their respective administrative regions, and establish and improve the anti-smuggling comprehensive management mechanisms featured by the unified leadership by the government, the performance of their respective duties by the relevant departments and the self-disciplinary cooperation of enterprises.
The anti-smuggling comprehensive management bodies of the people's governments at or above the county level (including the anti-smuggling comprehensive management offices or the coastal defense and anti-smuggling offices at all levels) shall be responsible for the organization, guidance, coordination, supervision and inspection of the anti-smuggling comprehensive management work.
Departments in charge of customs affairs, public security (border defense), industry and commerce, economy and information technology, transport, commerce (port), environmental protection, taxation, price, marine fishery, quality and technical supervision, food and drug administration, inspection and quarantine, marine affairs and tobacco, as well as Hong Kong and Macao floating fishermen bodies, shall conduct well anti-smuggling comprehensive management according to their respective functions and duties.
Villagers' committees and residents' committees shall, under the guidance of the local people's governments, support and cooperate in the anti-smuggling comprehensive management work.
Article 5 Funds needed by the people's governments at all levels for anti-smuggling comprehensive management shall be included in the fiscal budget of the same level and used for designated purposes only.
Chapter II Duties
Article 6 Anti-smuggling comprehensive management bodies shall perform the following duties:
(1) making anti-smuggling comprehensive management plans, and organizing the implementation thereof upon the approval of the people's governments at the same levels;
(2) organizing the convention of joint meetings for anti-smuggling comprehensive management, summarizing their phasic performance in anti-smuggling comprehensive management, and urging and inspecting the completion of tasks;
(3) analyzing the development trend of smuggling, planning specific measures for anti-smuggling comprehensive management upon research, and solving problems concerned in anti-smuggling comprehensive management;
(4) organizing and guiding joint actions and special campaigns of anti-smuggling comprehensive management, and coordinating the relevant departments to strengthen anti-smuggling comprehensive management in commodity circulation fields;
(5) jointly supervising, organizing and coordinating the relevant law enforcement departments in investigating cross-regional and inter-departmental smuggling cases, and organizing cooperation with surrounding areas for anti-smuggling comprehensive management;
(6) organizing the information technology development for anti-smuggling comprehensive management; and
(7) undertaking other tasks assigned by the people's governments at the same levels and the anti-smuggling comprehensive management bodies at higher levels.
Article 7 The customs shall perform the duties of preventing and countering smuggling according to law, and the people's governments at all levels shall cooperate with them.
Article 8 Public security organs shall investigate and punish non-tax-related smuggling crimes which take place out of areas under the supervision of the customs, and, when administrative law enforcement departments encounter violent resistance in their performance of anti-smuggling comprehensive management duties, offer assistance and impose punishments according to law.
Public security border defense departments shall prevent and counter smuggling activities in the waters, land borders and coastal areas within their respective jurisdictions.
Article 9 Administrative departments for industry and commerce shall be responsible for investigating and punishing illegal acts of dealing in import goods without certificates of legal origins in the commodity circulation fields of commodity markets and business premises.
Food and drug administrative departments shall be responsible for investigating and punishing illegal acts of dealing in import foods, drugs, medical devices, and cosmetics without certificates of legal origins in commodity circulation fields.
Tobacco administrative departments shall be responsible for investigating and punishing illegal acts of dealing in import tobacco products without certificates of legal origins in commodity circulation fields.
Article 10 Economic and information and technology administrative departments shall oversee and inspect the product oil market, cooperate in the investigation of and punishment of such illegal acts as selling smuggled product oil, and assist in the auction of suspected smuggled goods or import goods without certificates of legal origins.
Article 11 Commerce (port) administrative departments shall regulate the foreign trade circulation order, inspect enterprises' implementation of laws, regulations and relevant policies of the state on a regular basis, and cooperate with the relevant departments in investigating and punishing major suspected smuggling cases at ports.
Article 12 Environmental protection administrative departments shall oversee and regulate the environmental management of import solid wastes, and oversee the relevant departments regarding their pollution prevention and control in the disposal of smuggled wastes seized.
Article 13 Price administrative departments shall appraise the price of, among suspected smuggled goods and import goods without certificates of legal origins, those whose price is difficult to determine.
Article 14 Transport departments, marine fishery departments and Hong Kong & Macao floating fishermen bodies shall be responsible for the management of various types of vessels, establish and improve vessel data and files, and prevent and punish acts of using various types of vessels for smuggling activities.
Article 15 Upon discovering any illegal entry or smuggling of products in the course of handling administrative cases, the relevant administrative departments shall promptly notify the customs or anti-smuggling comprehensive management bodies.
Chapter III Prevention
Article 16 Anti-smuggling comprehensive management bodies shall organize and coordinate the customs, public security (border defense) organs, industrial and commercial departments and other relevant departments to exchange information, set up anti-smuggling information reporting systems, and realize the sharing of anti-smuggling information.
Administrative law enforcement departments shall timely report information about smuggling cases uncovered by them to anti-smuggling comprehensive management bodies and other relevant administrative law enforcement departments. Anti-smuggling comprehensive management bodies shall report the relevant information about anti-smuggling comprehensive management to the people's governments at the same levels and notify the relevant departments.
Article 17 Anti-smuggling warning and monitoring mechanisms shall be established. Anti-smuggling comprehensive management bodies shall coordinate the relevant departments to grasp, gather and analyze information about smuggling activities, analyze and predict the development trend thereof, and propose measures for preventing smuggling activities.
Article 18 Anti-smuggling emergency response mechanisms shall be established. Anti-smuggling comprehensive management bodies shall coordinate the relevant departments to make emergency response plans and conduct well the relevant preparatory work. Emergency response plans for anti-smuggling comprehensive management shall be submitted to the people's governments at the next higher level for recordation.
Article 19 The people's governments of key townships in coastal or border areas shall establish smuggling prevention mechanisms at the basic levels, gradually set fixed anti-smuggling bulletin boards, warning signs and monitoring devices at places vulnerable to smuggling, set up anti-smuggling liaison stations or points if the actual situation requires, be informed of information about smuggling activities, timely report information and problems to the customs, anti-smuggling comprehensive management bodies and other administrative law enforcement departments, and cooperate with and assist in the work of administrative law enforcement departments.
The anti-smuggling comprehensive management bodies of the people's governments at or above the prefecture level shall guide and oversee the establishment of smuggling prevention mechanisms at the basic levels.
Article 20 The people's governments at all levels shall organize and coordinate the customs, commerce (port) departments, industrial and commercial departments, tax authorities and other relevant departments to establish scientific, dynamic and effective rules for the categorized management of the integrity and law-abidingness of import and export enterprises, create credit files for them, and include their integrity management information into the enterprise credit information systems of administrative departments so as to subject import and export enterprises to dynamic management based on their credit levels and effectively monitor and prevent illegal acts of smuggling or dealing in import goods without certificates of legal origins.
Administrative law enforcement departments shall conduct intensified inspection on business operators with such bad credit record as having committed illegal acts of smuggling or dealing in import goods without certificates of legal origins, and increase the frequency of supervisory inspection on business operators violating laws for multiple times or in serious circumstances.
Administrative law enforcement departments shall, through the government affairs website or other channels, disclose to the public the written punishment decisions on illegal acts of smuggling or dealing in import goods without certificates of legal origins.
Article 21 The market service and management institution established by or one with corporate status entrusted by a commodity exchange market shall enter into written agreements with business operators in the market, lead them to establishing rules for purchase check and inspection, request for vouchers and invoices and establishment of ledgers, and, upon discovering any illegal act of selling import goods without certificates of legal origins in the market, promptly stop it and immediately report it to the industrial and commercial administrative department or any other relevant administrative law enforcement department of the local people's government at or above the county level.
Article 22 Industry associations shall establish and improve self-disciplinary mechanisms, guide and oversee the business operations of import and export enterprises in their respective industries, conduct anti-smuggling comprehensive management publicity and education, lead enterprises to establishing and improving the import and export business management rules, and improve the self-disciplinary management capability of enterprises.
Article 23 No entity or individual may provide the following services for others to deal in import goods without certificates of legal origins:
(1) transportation, storage and safekeeping services;
(2) advertising services rendered in the form of design, manufacturing, agency, distribution or others;
(3) providing any false commodity mark, package or instructions or any other false certificate;
(4) concealing, displacing or destroying import goods registered and preserved in advance or sealed-up or seized import goods without certificates of legal origins; or
(5) any other circumstance as prescribed by any law or regulation.
Article 24 All entities and individuals have the right to report illegal acts of smuggling or dealing in import goods without certificates of legal origins.
Anti-smuggling comprehensive management bodies, customs, public security (border defense) organs, industrial and commercial departments and other relevant departments shall establish violation reporting systems, and announce the hotline, correspondence address and e-mail address for informants. After receiving such a report, the relevant department shall timely and completely record and properly retain the relevant information. If the reported matter is within the duties of the department receiving the report, the department shall accept the report and timely verify, handle and reply according to law; if the reported matter is not within the duties of the department, the department shall transfer it to the department with the authority to handle it and inform the informant of the transfer. The relevant departments shall keep confidential the informants' information, and reward them according to the relevant provisions.
Article 25 The people's governments at all levels shall strengthen anti-smuggling comprehensive management publicity and education.
News media shall timely and objectively report anti-smuggling comprehensive management information, and conduct public service publicity for anti-smuggling comprehensive management.
Chapter IV Investigation and Seizure
Article 26 Anti-smuggling comprehensive management bodies shall establish anti-smuggling supervision and inspection mechanisms, strengthen the organization and coordination of special-purpose investigation activities, make special-purpose investigation plans according to the anti-smuggling comprehensive management arrangements of the state and the province, organize and coordinate the relevant departments to carry out joint actions and special campaigns against smuggling, and take joint actions and make special-purpose investigations for areas with a high incidence of smuggling, key channels of smuggling, and frequently smuggled goods. The relevant departments of the people's governments at or above the county level shall cooperate with each other in the joint enforcement of laws.
Joint actions and special campaigns against smuggling shall focus on frequently smuggled goods and places where such goods are distributed and traded, ban the distribution and trading places of smuggled goods according to law, and intensify the investigation and punishment of wholesalers of bulk import goods without certificates of legal origins, as well as entities and individuals providing transportation, storage, safekeeping and other relevant services for the sale of import goods without certificates of legal origins.
Article 27 Administrative law enforcement departments shall establish and improve supervision and inspection systems, and strengthen routine supervision through patrol inspection and random inspection so as to timely investigate and punish suspected smuggling acts.
When conducting supervision and inspection, administrative law enforcement departments shall assign at least two supervisors or inspectors to the scene of law enforcement, and the supervisors or inspectors shall produce the relevant certificates. Supervisors or inspectors shall make supervision and inspection transcripts, truthfully record the supervision and inspection processes and results, and affix their signatures on such transcripts.
Article 28 The people's governments at all levels in coastal areas shall establish routine supervision, inspection and patrol systems for anti-smuggling at the basic levels, check bays, ports, docks, banks and mudflats within their respective regions on a regular basis, create files for docks and banks which had smuggling activities or are vulnerable to smuggling, clarify the emphasis of the anti-smuggling monitoring and prevention work, and fulfill the monitoring duties. In key coastal and border areas which are vulnerable to smuggling, when necessary, anti-smuggling supervision, inspection and patrol teams may be formed to assist and cooperate with the customs, public security (border defense) departments, industrial and commercial departments and other relevant departments in strengthening patrol in key anti-smuggling areas without customs.
When supervision, inspection and patrol personnel conduct supervision, inspection and patrol activities, the relevant entities and individuals shall be cooperative.
Article 29 When investigating suspected smuggling acts, if the relevant business operators fail to provide legal and valid import certificates, invoices, auction certificates, administrative punishment decisions or other certificates on suspected smuggled goods, articles or means of transport, the relevant departments may consult, copy, register and preserve the relevant contracts, original records, sales certificates, accounting books and other relevant materials, and, if necessary, seal up or seize places, facilities or property involved in the cases.
Article 30 The people's governments at or above the county level shall strengthen anti-smuggling cooperation, and establish information exchange and law enforcement collaboration mechanisms.
The provincial people's government shall strengthen exchange and cooperation with the people's governments of the neighboring provinces and autonomous regions as well as Hong Kong Special Administrative Region and Macao Special Administrative Region regarding the anti-smuggling comprehensive management work.
Article 31 The people's governments at all levels shall make full use of scientific and technological facilities and equipment against smuggling and improve their capability to prevent and crack down on smuggling.
Chapter V Coordination and Handling
Article 32 For a smuggling case uncovered by an administrative law enforcement department, if an administrative punishment shall be imposed according to law, the case shall be transferred to the customs for handling according to the relevant state provisions. Those suspected of a crime shall be transferred to the anti-smuggling body of the customs responsible for the investigation of the crime of smuggling or the local public security organ for handling. If the criminal facts cannot be verified as the party concerned has escaped or the owner of smuggled goods is unknown, the seized suspected smuggled goods, articles and means of transport shall, under the principle of territorial administration, be transferred to the anti-smuggling comprehensive management body of the people's government at or above the prefecture level at the place where they are seized. If the transfer is cross-regional, it shall be reported to the anti-smuggling comprehensive management body of the provincial people's government for approval.
Where a case uncovered by the customs falls within the jurisdiction of the local public security organ, industrial and commercial administrative department or other law enforcement department, it shall be transferred to the public security organ, industrial and commercial administrative department or other law enforcement department of the people's government at or above the prefecture level at the locality of the customs uncovering it.
The transferring department, the anti-smuggling body of the customs responsible for the investigation of the crime of smuggling or the local public security organ shall timely notify the anti-smuggling comprehensive management body of the people's government at the same level of the transfer and the handling result, and the transferring department shall also be informed of the handling result.
Article 33 Where the relevant administrative law enforcement departments have any objection to the transfer or jurisdiction of a case, the anti-smuggling comprehensive management body of the people's government at or above the prefecture level shall coordinate the handling thereof. If no consent is reached, the relevant departments shall report it to the anti-smuggling comprehensive management body of the provincial people's government for coordination.
Article 34 The anti-smuggling comprehensive management bodies of the people's governments at or above the prefecture level shall, under the principle of openness, fairness and equity, uniformly handle the suspected smuggled goods, articles and means of transport as transferred by different administrative law enforcement departments under Paragraph 1, Article 32 of this Regulation. No entity or individual may encroach on, misappropriate, replace or privately divide them, or dispose them of without approval.
The audit and public finance departments at the same level and the anti-smuggling comprehensive management body of the provincial people's government shall strengthen supervision and administration of the disposal of the relevant articles.
Article 35 When disposing of suspected smuggled goods, articles and means of transport in a unified way, the anti-smuggling comprehensive management body of a people's government at or above the prefecture level shall organize the customs, public security (border defense) departments, industrial and commercial departments, public finance departments, inspection and quarantine departments and other relevant departments to make joint examinations, and publish the investigation assistance announcement on the portal website of the people's government at the same level to notify the escaped party or owner to accept investigation or cooperate with handling within the given time limit. If the escaped party or owner fails to accept investigation or cooperate with handling within the given time limit, the anti-smuggling comprehensive management body of the people's government at or above the prefecture level shall publish an announcement of claim on the portal website of the people's government at the same level for 60 days. If the goods are not claimed upon expiry of the announcement period, and if auctioning them is appropriate according to the relevant laws and regulations, they shall be auctioned, and the income shall be turned over to the state treasury; if they are not suitable for auction or need to be destroyed, the anti-smuggling comprehensive management body of the people's government at or above the prefecture level shall coordinate the relevant departments in the handling thereof according to law.
Among the aforesaid goods or articles, with respect to those which are hazardous, fresh, live, perishable, with a short shelf life, easily depreciable, or otherwise not suitable for long-term storage, the anti-smuggling comprehensive management bodies of the people's governments at or above the prefecture level may dispose them of in advance. The catalogue of goods and articles subject to advance disposal shall be determined separately by the provincial people's government.
Where a party concerned claims goods, articles or means of transport on the basis of the relevant certificate during the announcement period, the anti-smuggling comprehensive management body concerned shall assist the relevant department in verifying the certificate. If the certificate is legal and valid, the relevant goods, articles or means of transport shall be returned in a timely manner. If the relevant goods, articles or means of transport have been disposed of in advance, the sales price shall be returned in a timely manner.
If it is otherwise provided for by any law or administrative regulation, such provision shall apply.
Article 36 Suspected smuggled goods or articles which cannot be disposed of until having passed inspection and quarantine shall be transferred to inspection and quarantine institutions for inspection and quarantine.
Article 37 Non-tax-related smuggled goods seized outside areas under the supervision of the customs shall be disposed of according to the relevant provisions of the state and the province.
Chapter VI Supervision
Article 38 The job responsibility system is applied in the anti-smuggling comprehensive management work, and the accountability system shall be established and improved. The specific measures shall be separately made by the provincial people's government of Guangdong Province.
Article 39 The people's governments at or above the county level shall evaluate the performance of the people's governments at lower levels or the relevant departments or institutions in the anti-smuggling comprehensive management work on a regular basis.
The anti-smuggling comprehensive management performance evaluation on departments or institutions subject to vertical management shall be subject to the leadership of their superior departments and the supervision of the people's governments at the same levels.
Article 40 All entities and individuals have the right to give a tip-off or lodge a complaint about the violations of this Regulation as committed by any anti-smuggling comprehensive management body, customs, public security (border defense) department, industrial and commercial administrative department or other department to the superior authority in charge of the said department or the supervisory organ. The superior authority or supervisory organ shall, within 15 days upon receipt of the tip-off or complaint, make a decision on whether to accept it or not, and notify the informant or complainant of the decision. If the informant or complainant is anonymous, the superior authority or supervisory organ shall decide whether to open a case for it after verifying the relevant facts upon investigation.
Article 41 The people's governments at or above the county level shall establish an anti-smuggling comprehensive management supervisor system and hire deputies to the people's congresses, members of the CPPCC committees, experts, scholars and news reporters to oversee the anti-smuggling comprehensive management of the relevant departments.
Chapter VII Legal Liabilities
Article 42 Where anyone is discovered to deal in import goods without certificates of legal origins in commodity circulation fields, the industrial and commercial administrative department or the food and drug administrative department shall confiscate the goods and the illegal gains, and may impose a fine of not more than 30% but not less than 20% of the value of the goods.
For a violator of Article 23 of this Regulation, the industrial and commercial administrative department or the food and drug administrative department shall impose a fine of not more than 100, 000 yuan but not less than 50,000 yuan, and confiscate the illegal gains, if any.
If it is otherwise provided for by any law or administrative regulation, such provision shall apply.
Article 43 Where any specialized market operator or market service provider, as in violation of Article 21 of this Regulation, fails to perform the reporting obligation and results in the trading of import goods without certificates of legal origins in the market, the industrial and commercial administrative department or the food and drug administrative department shall order it to correct. If it fails to correct within the prescribed time, the department shall order it to suspend business for rectification, and may also impose a fine of not more than 200,000 yuan but not less than 100,000 yuan.
Article 44 Under any of the following circumstances, the relevant department of the local people's government at or above the county level shall timely take corrective measures; if the circumstances are serious, disciplinary actions shall be taken against the directly responsible person in charge and other directly liable persons:
(1) Smuggling activities in the administrative region are rampant, and any major case of smuggling goods, purchasing smuggled goods, selling smuggled goods or importing goods without certificates of legal origins occurs and causes serious consequences;
(2) Failure to perform anti-smuggling comprehensive management duties according to this Regulation;
(3) Failure to properly deal with any unexpected event of violent resistance or impedance to anti-smuggling activities; or
(4) Any other act of abusing powers, neglecting duties or practicing favoritism.
Article 45 Where a state functionary is under any of the following circumstances, a disciplinary action shall be taken by the entity where he or she works or the supervisory organ; if any crime is constituted, he or she shall be subject to criminal liability:
(1) harboring or conniving at smuggling;
(2) divulging information about any informant or complainant;
(3) illegally disposing of suspected smuggled goods or articles; or
(4) any other act of abusing powers, neglecting duties or practicing favoritism.
Chapter VIII Supplementary Provisions
Article 46 For the purpose of this Regulation, the term “dealing in import goods without certificates of legal origins” means circumstances under which business operators purchase and/or sell suspected smuggled import goods in areas without customs and, within seven days after being uncovered, fail to provide legal and valid import certificates, invoices, auction certificates, administrative punishment decisions or other certificates.
Article 47 This Regulation comes into force on March 1, 2014.