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国务院关于整顿边地贸易经营秩序制止假冒伪劣商品出境的通知 CIRCULAR OF THE STATE COUNCIL CONCERNING RECTIFYING THE ORDER OF FRONTIER LOCAL TRADE MANAGEMENT AND CHECKING THE FLOW OF FAKE AND LOW-QUALITY COMMODITIES ACROSS THE BORDER

2006-05-17 10:15   我要纠错 | 打印 | 收藏 | | |

国发(1993)68号
(Promulgated by the State Council on September 23, 1993)
颁布日期:19930923  实施日期:19930923  颁布单位:国务院

  In recent years, the frontier trade and local trade in commodity exchange (hereinafter referred to as frontier and local trade) between China and its neighbouring countries has developed rapidly and played an active role in speeding up the economic development of the frontier regions, improving the economic and trade flow and enhancing the friendship. At the same time, fake and low-quality commodities continuously flow into the markets of the Independent Countries Community and other neighbouring countries through frontier and local trade, “tourist trade” and other channels, which has infringed upon the interests of local consumers, severely damaged the reputation of our foreign trade and made a very bad impression abroad. In order to check the flow of the fake and low-quality commodities across the border, safeguard the reputation of our foreign trade and improve the healthy development of frontier and local trade, the following circular is hereby issued concerning this issue.

  1. To rectify the management order of frontier and local trade and check the flow of the fake and low-quality commodities across the border is not only an important issue in relation to the future and vitality of the development of frontier and local trade, but also a political issue affecting the reputation of our State and nation. The people's governments at all levels and the departments concerned should fully understand the issue, adopt practical and effective measures and pay close attention to this work.

  2. Companies of foreign economic relations and trade attached to the departments of the Central Government and provinces, autonomous regions and municipalities directly under the Central Government and the enterprises with the authority of import and export management should be encouraged and supported to play a leading role in adopting active measures, to expand the economic and trading relations with the Independent Countries Community and other neighbouring countries, and try to export the State's high quality commodities. Companies of foreign economic relations and trade and other enterprises with the approved authority of management of exchange of commodities should manage according to the law, abide by the State policy and regulations, implement conscientiously the strategy of “winning over the consumers by offering them quality goods”, and decline to purchase or act as an agent to sell the fake and low-quality commodities.

  As for the export commodities required for sanitary registration (such as beverages, wine, canned foods, small foodstuffs, meat, etc.), companies of foreign economic relations and trade and other enterprises with the authority of exchange commodities management should purchase them from those factories with the certificate of sanitary registration.

  3. The frontier provinces and autonomous regions should check conscientiously the various enterprises which are linked with the enterprises with the authority of management of frontier and local trade and carrying out activities of foreign relations and trade (i.e. “linking company”)。 The result of the check-up should be reported to the Ministry of Foreign Economic Relations and Trade before the end of October this year.

  4. The quality control procedures of manufacturing enterprises should be improved in order to halt the manufacture of fake and low-quality products. The enterprises and individuals who produce or purchase for export (or sell to aliens) fake and low-quality commodities should be penalized according to the regulations promulgated by the State Council and the departments concerned. Those who have violated the Criminal Law should, according to “The Decision Regarding the Punishment of Criminals Producing and Selling Fake and Low-Quality Commodities” approved by the Standing Committee of the National People's Congress, be handed over to the judicial organs and investigated for Their responsibility in the crime according to law.

  Rewards shall be given according to the merits to those who have reported the crime of producing or selling fake and low-quality commodities, while their legal rights and interests shall be protected.

  5. Public security and procuratorial organs should place a case on file for investigation of the illegal and criminal act of collusion with each other and transportation of fake and low-quality commodities across the border by various means, strike relentless blows at people violating the law or criminals sabotaging the management order of the frontier and local trade. Public security organ should coordinate with the administrative organs of industry and commerce and the institutions of technological supervision and administration to resolutely check and ban the shelter for processing, producing, storing and selling fake and low-quality commodities and penalize more severely people breaking the law and criminals, according to the law.

  6. The administrative organs of industry and commerce should strengthen the administration of the frontier's exchange marketing and the frontier market of the Chinese and neighbouring countries. The industrial and commercial enterprises and individual industrialists or traders engaged in the frontier's market of exchange and the frontier market of the Chinese and neighbouring countries should conduct their trading activities sternly following the management range and pattern verified and approved by the administrative organs of industry and commerce. Managers should issue legal bills or receipts while wholesaling commodities. It is strictly forbidden to manage without certificates or sell fake and low-quality commodities.

  7. The institutions of technological supervision and administration in the locations should supervise and check the quality of the commodities in the markets of exchange and the frontier market of the Chinese and neighbouring countries, reinforce supervision, selective examination and the action of “confiscating the fakes” and, together with the executive organs concerned, severely penalize according to the law the enterprises and individuals producing and selling fake and low-quality commodities.

  8. Travelers leaving the country shall take with them goods for their own use according to the related agreements and regulations concerning international passenger transportation; those who go to the countries of the Independent Countries Community which have not signed bilateral or multiple agreements with China should follow strictly the regulations concerning the luggage transportation issued by the State and the administrative organs of communication and transportation.

  9. The institutions in charge of import and export commodities inspection at various levels should inspect and examine all the export commodities of the frontier and local trade and markets of exchange. At present the emphasis of inspection is on commodities such as garments, shoes, electronic equipment and foodstuffs. Commodities which are defined by regulations in the contract shall be inspected and examined according to the contract; those without specified regulations in the contract shall be inspected and examined according to the related standard of our country; those without contracts shall be inspected and examined with sale receipts according to the related standards of our country. The commodities concerning safety or sanitation shall all be inspected and examined according to the governmental standard and requirements of the import country. The unqualified commodities verified by inspection and examination cannot be passed, even if the importer permits. Commodities without contracts or sale receipts or with no place of production or name of the manufacturer identified shall be neither inspected and examined, nor let pass.

  10. Following the related regulations, customs authorities should deal with the luggage carried by passengers both entering and exiting the country. It should strengthen the supervision of the commercial goods carried by Chinese or foreign passengers according to the regulations of the passenger luggage division. Commodities which are required to be inspected and examined by law or the commodities required to be inspected and examined by the regulations in this circular should be verified and let pass only with the certificate of inspection and examination issued by the institutions in charge of import and export commodities inspection, official `let-pass' documents or the stamp on the declaration form.

  Commercial goods carried by Chinese or foreign passengers shall go through procedures of import and export inspection, customs declaration and consignment. The institutions with the authority of customs declaration can been trusted to go through the procedure of declaration for passengers. The institution of import and export commodities inspection should inspect the commodities declared for export strictly according to the regulations.

  11. All the frontier ports approved for opening-up by the State Council must set up customs and institutions of import and export commodities inspection and should have compatible places for inspection and examination; the category-1 ports which are not approved for opening-up or resumption by the State Council and the category-2 ports which are not approved for opening-up by the people's government of provinces, autonomous regions and municipalities directly under the Central Government should be closed by the end of 1993. The supervision of the customs and the inspection of commodities should also be reinforced at seasonal frontier ports.

  The frontier ports which are listed in the agreements of opening up ports between our country and the neighbouring countries should be coordinated by the Ministry of Foreign Affairs and verified as soon as possible through diplomatic channels. At the same time the preparations for the establishment of customs, frontier defences, import and export commodities inspection and port institutions should be speeded up. The local people's government should support the construction of the institutions and facilities of the frontier ports.

  12. All the people's governments of provinces and autonomous regions, with the coordination of the customs and the departments concerned of import and export commodities inspection, frontier inspection, administration of industry and commerce, technological supervision and the public security organs, procuratorial organs and people's courts, should mobilize a special force to investigate and deal with typical cases, and punish strictly and severely. The institutions of the joint-inspection and the departments concerned should be devoted to their service, be honest in performing their duties, coordinate each other closely, take charge of the issue together, and make progress in the prevention of the flow of fake and low-quality commodities across the border.

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