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中华人民共和国海关总署关于外国驻中国使馆和使馆人员进出境物品的规定 PROVISIONS OF THE GENERAL CUSTOMS ADMINISTRATION OF THE PEOPLE'S REPUBLIC OF CHINA ON THE ADMINISTRATION OF THE IMPORT AND EXPORT OF ARTICLES BY FOREIGN DIPLOMATIC MISSIONS AND THEIR PERSONNEL IN CHINA

2006-05-18 14:34   我要纠错 | 打印 | 收藏 | | |

(Approved by the State Council on October 31, 1986 and promulgated by the General Customs Administration on December 1, 1986)
颁布日期:19861201  实施日期:19861201  颁布单位:海关总署

  Article 1 These Provisions are formulated in accordance with Regulations of the People's Republic of China Concerning Diplomatic Privileges and Immunities.

  Article 2 Cases concerning the import and export of articles for official use by a foreign diplomatic mission in China (hereinafter referred to as “the mission”), or the import and export of articles for personal use by the personnel of a foreign diplomatic mission, shall comply with these Provisions, unless a bilateral agreement, which shall be complied with instead, exists.

  In the preceding paragraph, “articles for official use” refers to articles directly needed by a foreign mission in the performance of its functions, which include furniture, decorative articles, office equipment, supplies for reception of guests, and motor vehicles; “articles for personal use” refers to articles directly needed for daily use, during their stay in China, by mission personnel and their spouses and minor children living with them, which include furniture, household electrical appliances, and motor vehicles.

  Article 3 The import and export of articles for official use by the mission, and the import and export of articles for personal use by diplomatic agents through consignment shipping or by post, shall all be declared to the Customs.

  Diplomatic agents entering or leaving the country shall declare orally to the Customs their accompanied personal effects, or their personal luggage transported separately in the same vehicle of transport, and the Customs shall give clearance without inspection. In case there are serious grounds for presuming that the luggage contains articles not for official use or articles not for personal use, or the luggage contains articles forbidden to be brought into or out of the country by the Chinese laws and regulations, the Customs shall have the right to inspect the luggage. Such inspection shall be conducted only in the presence of the diplomatic agent concerned, or of his authorized representative.

  Article 4 Articles for official use declared for import by the mission, or articles for personal use declared for import by a diplomatic agent, shall be exempt from Customs duties after they have been examined by the Customs and found to be within the reasonable quantities for direct use.

  Articles for official use and for personal use, declared at the Customs for export, shall be given clearance after being examined and verified by the Customs.

  Article 5 The mission and its personnel may not carry into or out of the country articles whose import and export are forbidden by the laws and regulations of the People's Republic of China. If the aforesaid articles need to be imported or exported for special reasons, a prior permission must be obtained from the authorities concerned of the Chinese Government, and the matter shall be handled in accordance with the pertinent provisions prescribed by the Chinese government.

  For the import of radio transmitters and receivers with their accessories, a written application must be submitted in advance to the Chinese Ministry of Foreign Affairs for approval. The mission and its personnel shall declare at the Customs and present the relevant approval documents, and the Customs shall give clearance after examination and verification.

  To take cultural relics out of the country, a declaration must be made in advance with the Customs; and the relics shall be appraised by the cultural and administrative departments of the provinces, autonomous regions, or municipalities directly under the Central Government, as designated by the State cultural and administrative department, and an export certificate shall be issued. The mission and its personnel shall present the relevant certification to the Customs, and the Customs shall give clearance after examination and verification.

  The carrying into or out of China of firearms and ammunition shall be handled in accordance with the provisions of Measures of the People's Republic of China for the Control of Firearms.

  The import or export of articles that is controlled by China's quarantine laws and regulations shall be handled by the Customs in accordance with the pertinent laws and regulations.

  Article 6 In the case where the articles, declared by the mission and its personnel, belong to the categories of articles forbidden by China's laws and regulations to be imported or exported, these articles, unless their import or export has been approved by China's competent authorities, shall be detained by the Customs; the detained articles shall be withdrawn from import or export by the mission or its mission personnel concerned within 90 days. If these articles are not withdrawn within the said time limit, they shall be appraised at the current rate and turned over by the Customs to the State treasury.

  Article 7 Articles imported duty-free by the mission and its personnel shall not be transferred. Should the aforesaid articles need to be transferred for a special reason, permission must be obtained from the Customs. With respect to articles transferred with permission, the transferee or the transferor shall go through the procedures with the Customs, in accordance with pertinent provisions, for the payment of or the exemption from duties.

  Article 8 Diplomatic bags delivered by or sent to the mission shall be given clearance without inspection by the Customs. Diplomatic bags shall be sealed with an identifiable external mark; such bags may contain diplomatic papers and articles for official use only. Diplomatic couriers shall be provided with courier certificates issued by the competent authorities of the dispatching country when they carry diplomatic bags.

  The captain of a commercial aircraft may be entrusted to carry diplomatic bags. He shall be provided with an official certifying document issued by the consigner state, indicating the number of packages. With respect to the diplomatic bags delivered by, or through consignment transport by the captain of a commercial aircraft, the mission concerned shall send its personnel to go through the procedures for the handling over, taking possession of or delivery of the said diplomatic bags.

  Article 9 The members of administrative, technical or service staff of the mission who are not Chinese citizens, or persons permanently resident in China, shall submit a written declaration to the Customs when they bring into the country personal effects, including articles intended for their establishment imported within 6 months of the time of their installation in China. Where the aforesaid articles are within reasonable quantities for direct use (as for cars, one for each household), the Customs shall give clearance duty-free after examination and verification.

  In case personal effects are sent into or out of the country by post by the personnel mentioned in the preceding paragraph; the Customs shall handle the case in accordance with the provisions concerning the personal articles sent by post. In case personal effects are brought into the country by consignment shipping by the personnel mentioned in the first paragraph of this Article during their term of office, the Customs shall handle the case by applying mutatis mutandis the second paragraph of this Article.

  Article 10 In case articles or pouches for official use are brought into or out of the country by the representative offices of the United Nations or its specialized agencies, or of other international organizations, in China, as well as articles for personal use which are brought into or out of the country by the representatives, the members of the administrative, technical or service staff of the said representative offices and their spouses and minor children living with them, the Customs shall handle them in accordance with the relevant international conventions to which China is a party, and also with the agreements signed between China and the international organizations concerned; for cases which are not regulated by the aforesaid conventions or agreements, the Customs shall handle them with reference to relevant articles of these Provisions.

  Article 11 In case articles for official use and consular bags are brought into or out of the country by foreign consular posts in China, and articles for personal use brought into or out of the country by consular officers, other members of the consular posts, or their spouses and minor children living with them, the Customs shall handle them in accordance with the relevant international conventions to which China is a party, and also with the agreements signed between China and the countries concerned; for the cases which are not regulated by the aforesaid conventions or agreements, the Customs shall handle them in accordance with the principle of reciprocity and with reference to the relevant Articles of these Provisions.

  Article 12 These Provisions shall go into effect as of the date of promulgation.

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