Penalties For Violations Of The Import And Export License Management System

Article 1 in order to seriously deal with cases that violate the management system of import and export licenses and ensure the effective implementation of the import and export license management system, these Provisions are formulated in accordance with the Customs Law of the People's Republic of China, the Provisional Regulations on the administration of import goods licenses in People's Republic of China, and the detailed rules for the implementation of the People's Republic of China Customs Law.

Second forgery of import or export licenses, which attempt to confuse the import or export of goods, confiscate the goods and impose a fine of less than thirty percent or more. If the circumstances are serious, they shall be investigated for criminal responsibility according to law.

Third, if the name and specifications of imported and exported goods are falsely quoted to avoid the management of the import license, the goods shall be confiscated and the goods shall be fined under thirty percent or more than ten percent. If the goods are to be evade the management of the export license, the goods shall be confiscated or ordered to be returned and exported, and the goods shall be fined thirty percent or more than ten percent.

Forfeit goods that are imported under general trade under the import license management for import processing, import processing or import in other names, so as to evade the import license management, confiscate the goods and impose a fine of thirty percent or less than ten percent.

Import less reports and more imports, less export and more license management commodities, in addition to confiscation of more or more goods (except for excess or short provisions), and impose a fine of thirty percent or less or more than ten percent.

In the management of commodities licensed by non licensed commodities, confiscation of commodities licensed by the license shall be confiscated, and a fine of less than thirty percent or ten percent of the value of the goods concerned shall be imposed.

Fourth, if the name, specification, quantity, validity period of the import license are altered, the goods shall be confiscated, and the goods shall be fined under thirty percent or more than ten percent. If the name, specification, quantity and validity period of the export license are altered, the goods shall be confiscated, and the goods shall be fined thirty percent or more than ten percent.

For illegal import and export licenses, the import and export goods shall be dealt with in accordance with the provisions of the preceding paragraph.

Fifth goods that are declared to be under the license administration shall not be allowed to submit the relevant licenses, confiscated goods or ordered to return. If the import license is to be imported in accordance with the customs regulations, the goods shall be fined at least thirty percent or more than five percent.

The sixth article, which has been agreed by the customs to grant a guarantee and release, can not make up the license within the prescribed time limit. If it belongs to the unlicensed import and export, it will defraud the customs to guarantee the release, and confiscate the goods or recover the equivalent value of the goods. If it is an overdue inspection, it will impose a fine of thirty percent or less than five percent.

The seventh imported products, parts and processed products and semi-finished products that are imported under the contract for processing and processing of incoming materials shall be regarded as general import goods after approval by the competent department for approval, and the commodities belonging to the license management shall be reclaimed in accordance with the regulations.

Those who cannot make up the import license shall be fined more than ten percent of the value of the goods. If the goods are sold without authorization by the competent authorities, the equivalent value of the goods sold or the domestic goods sold shall be confiscated, and the relevant goods shall be fined below or below thirty percent, or a fine of three times or more of the tax shall be paid.

The materials, parts, finished products and semi finished products mentioned in the preceding paragraph belong to the mechanical and electrical products restricted by the state, and shall be dealt with in accordance with the eighth provision.

Eighth import and export of mechanical and electrical products, parts and processed products and semi-finished products that are imported under the contract for processing and processing of imported materials shall be treated as domestic products. They shall be regarded as general import goods, and the import license shall be reclaimed according to the regulations. If the import license is not allowed to be filled, the equivalent value of the goods sold or the domestic goods sold shall be confiscated, and a fine of less than thirty percent or more of the value of the goods shall be consigned, or a fine of three times or more of the duty payable.

The ninth one is to deliberately evade the management of the license by adopting the sub contract, sub port or batch import, and the evidence is conclusive.

In the name of maintenance, importing spare parts such as automobiles, household appliances and other national restricted import commodities, and directly assembling the whole vehicle and the whole machine are evidential, and shall be dealt with in accordance with the provisions of the preceding paragraph.

Tenth, those who violate the import and export license management system, import high-grade consumer goods or state restricted import and export of mechanical and electrical products, and export state scarce goods, shall be given heavier punishment.

The eleventh is that the trade and administrative departments at all levels violate the prescribed scope of authorization or do not comply with the license issued by the import and export license management system. The Customs has the right to refuse to accept the goods, and the goods concerned are not allowed to be imported or exported.

The twelfth other acts against the administrative system for the import and export license shall be handled by the customs in accordance with the principles and other relevant provisions of the present regulations.

Thirteenth the acts listed in these provisions constitute crimes of smuggling and shall be pferred to judicial organs to investigate the criminal responsibility of the parties concerned according to law.

The fourteenth Provisions come into effect on February 1, 1989.

Promulgation unit: General Administration of customs / Ministry of foreign trade and economic cooperation

Promulgation date: 890125