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对于违反进出口许可证管理制度的处罚规定 PROVISIONS FOR THE PUNISHMENT OF OFFENSES AGAINST THE IMPORT AND EXPORT LICENCE CONTROL SYSTEM

2006-05-18 00:49   我要纠错 | 打印 | 收藏 | | |

(Promulgated on January 25, 1989)
颁布日期:19890125  实施日期:19890201  颁布单位:海关总署、 对外经贸部

  Article 1 The Provisions are formulated in accordance with the Customs Law of the People's Republic of China, the Interim Regulations of the People's Republic of China on the Licence Control System for Import Goods, and the Rules for the Implementation of Administrative Penalty under the Customs Law of the People's Republic of China with a view to dealing seriously with offenses against the import and export licence control system and ensuring the effective implementation of this system.

  Article 2 Any attempt to smuggle in or out goods through the forgery of import or export licences shall be punished by confiscating the goods and a fine equivalent to 30 percent or more of, but not more than, the value of the goods; serious cases shall be dealt with by court in accordance with the criminal law.

  Article 3 Misreporting the names, specifications, etc. of import and export goods in order to evade import licence control shall be punished by confiscating the goods and a fine equivalent to at least 10 percent but no more than 30 percent of the value of the goods; if the misreporting is designed to evade export licence control, the goods shall be confiscated, ordered to be returned or banned from export in addition to the aforesaid fine.

  Evading import licence control by misreporting goods under such control as client-supplied or other materials being imported for fulfillment of processing orders or in other names shall be punished by confiscating the goods and a fine equivalent to at least 10 percent but no more than 30 percent of the value of the goods.

  Importing or exporting more licence-controlled goods than the amount reported shall be punished by confiscating the goods in excess of the reported amount (except those for which there are overflow or short fall provisions), together with a fine equivalent to at least 10 percent but no more than 30 percent of the value of the said goods.

  Concealing licence-controlled goods among goods not subject to licence control shall be punished by confiscating the licence-controlled goods and a fine equivalent to at least 10 percent but no more than 30 percent of the value of those goods.

  Article 4 Altering the content, such as names, specifications, amounts or periods of validity, of an import or export licence shall be punished by confiscating the goods and a fine equivalent to at least 10 percent but no more than 30 percent of the value of the goods.

  In cases of illegally using the import or export licences issued to others, the goods being imported or exported shall be dealt with in accordance with the provisions of preceding clauses.

  Article 5 In case of failure to produce the relevant licence in Declaring licence-controlled import goods, the goods shall be confiscated or ordered to be shipped back, or, if the import licence is later submitted within the time-limit set by Customs, a fine shall be imposed at an amount equivalent to at least 5 percent but no more than 30 percent of the value of the goods; in case of failure to produce the relevant licence in declaring licence-controlled export goods, the goods shall be confiscated or ordered to be shipped back.

  Article 6 In case the goods are cleared by Customs through the signing of a guaranty, but no licence is produced within the prescribed time-limit, the goods shall be confiscated or an amount equivalent to the value of the goods shall be paid as penalty, if the case proves to be a fraud because there is no licence at all; or a fine equivalent to at least 5 percent but no more than 30 percent of the value of the goods shall be imposed, if the case proves to be one of delay and the licence is finally produced.

  Article 7 When client-supplied and other materials and parts imported for fulfillment of processing orders and the finished and semi-finished goods produced therefrom are sold on the domestic market with the approval of the competent authorities, they shall be regarded as ordinary imports and, for those subject to licence control, import licences shall be submitted retroactively in accordance with the relevant provisions. In case of failure to produce the import licences, a fine equivalent to at least 10 percent of but no more than the value of the goods shall be imposed; incase the sales are not approved by the competent authorities, the goods shall be confiscated or an amount equivalent to the value of the goods sold on the domestic market shall be paid as penalty, and a fine may be imposed at the same time, which shall be equivalent to at least 30 percent of but no more than the value of the goods or equivalent to at least 2 times but no more than 4 times the amount of the tax that should be paid.

  If the aforesaid materials, parts, finished goods and semi-finished goods are in the category of machinery and electrical appliances whose import is restricted by the State, they shall be dealt with in accordance with the provisions of Article 8.

  Article 8 When client-supplied and other materials and parts imported for fulfilment of processing orders and the finished and semi-finished goods produced therefrom, which are in the category of machinery and electrical appliances whose import is restricted by the State, are sold on the domestic market, they shall be regarded as ordinary imports and import licences shall be submitted retroactively in accordance with the relevant provisions. In case of failure to produce the import licences, the goods shall be confiscated or an amount equivalent to the value of the goods sold on the domestic market shall be paid as penalty, and a fine may be imposed at the same time, which shall be equivalent to at least 30 percent of but no more than the value of the goods or equivalent to at least 2 times but no more than 4 times the amount of the tax that should be paid.

  Article 9 Anyone who has been proved conclusively as having evaded licence control by deliberately signing separate contracts or by importing goods from different ports or in different instalments shall be penalized on the merit of each case according to the provisions for the punishment of smuggling or offenses against Customs supervision and control.

  Anyone who has been proved conclusively to have imported parts and components allegedly for the maintenance of motor vehicles or household electrical appliances whose import is restricted by the State, and in fact have used them to assemble complete motor vehicles or household electrical appliances shall be dealt with in accordance with the provisions of the preceding paragraph.

  Article 10 Anyone who has imported high-grade consumer goods or machinery or electrical appliances whose import is restricted by the State, or has exported materials in short supply in the country, in violation of the import and export licence control system shall be punished severely.

  Article 11 In case any licences are signed by foreign economic relations And trade departments at various levels that have exceeded their prescribed terms of reference or are in conformable to the import and export licence control system, the Customs shall have the right to reject these licences and forbid the import or export of the goods concerned.

  Article 12 Other offenses against the import and export licence control system shall be dealt with by the Customs in accordance with the principles of these Provisions and other pertinent provisions.

  Article 13 If any of the offenses listed in these Provisions constitutes a Crime of smuggling, the case shall be transferred to the judicial department where the parties concerned shall be tried according to law.

  Article 14 These Provisions shall come into effect on February 1, 1989.

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