中华人民共和国海关对进出境快件监管办法_法律英语

中华人民共和国海关对进出境快件监管办法

文章来源：文章作者：发布时间：2007-06-15 01:03 字体： [大中小]　进入论坛

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海关总署令第104号

颁布日期：20031118 　实施日期：20040101 　颁布单位：海关总署

　　No. 104

　　The Measures of the People's Republic of China for the Customs' Supervision¹ over Inward and Outward Express Consignments³， which were deliberated and adopted at the General Administration's working conference on December 23， 2002， are hereby promulgated⁴， and shall be implemented⁵ on January 1st， 2004. The Measures of the People's Republic of China for the Customs' Supervision over Inward and Outward Express Consignments promulgated on January 25， 1998 （ShuJian [1998] No. 48） shall be repealed⁶ simultaneously⁷.

　　Mou Xinsheng， Director General

　　November 18th， 2003

　　Measures of the People's Republic of China for the Customs' Supervision over Inward and Outward Express Consignments

　　Chapter I General Provisions

　　Article 1 With a view to strengthening the customs' supervision over inward and outward express consignments， and facilitating the clearance⁸ of inward and outward express consignments， the present Measures are formulated⁹ according to the Customs Law of the People's Republic of China and other relevant laws and administrative¹⁰ regulations.

　　Article 2 The term “inward and outward express consignments” as mentioned in the present Measures means the inward and outward goods and articles undertaken or carried by inward and outward express consignment² operators by means of rapid commercial operations which they promise to their clients.

　　Article 3 The term “an inward and outward express consignment operator” （hereinafter referred to as the operator） as mentioned in the present Measures means an international freight agency enterprise lawfully¹¹ registered inside the territory of the People's Republic of China as well as registered and recorded in the customs to engage in the operation of inward and outward express consignments.

　　Article 4 Any operator may not undertake or carry any of the articles listed in the “Form of the People's Republic of China on the Articles Prohibited from Entering or Exiting the Territory”， nor shall it discretionally deal with any of such articles it has found， but shall immediately notify the customs and assist the customs in dealing¹² with the article instead.

　　Without approval of the postal¹³ institution of the People's Republic of China， any operator may not undertake or carry any private letter.

　　Article 5 Any operator may not lease， lend or transfer by any means the right to customs declaration for its inward and outward express consignments， nor may it make customs declaration on behalf of any person other than itself for any goods or articles which are not to be undertaken or carried by itself.

　　Article 6 Without permission of the customs， the inward or outward express consignments for which the customs formalities have not been completed shall not be moved out of the surveillance place of the customs， neither shall they be loaded， unloaded， opened， re-packed， marked with a sign different from the original one， drawn¹⁴， dispatched， or delivered for transport.

　　Chapter II Registration¹⁵ of Operators

　　Article 7 Where an operator files an application for making customs declarations on behalf of any person other than itself for inward and outward express consignments， it shall make registration in the local customs according to the administrative provisions of the customs on registration of international freight agency enterprises.

　　Article 8 An operator who makes registration in the local customs shall meet the following conditions：

　　（1） It has obtained the international freight agency enterprise approval certificate issued by the State competent authority of foreign trade and economic cooperation or an authorized¹⁶ department of the aforesaid authority， and has been approved to run the business of inward and outward express consignments；

　　（2） The Chinese party in a Chinese-foreign joint¹⁷ venture or cooperative operation enterprise shall have engaged in international freight agency for at least one year； while the foreign party shall have engaged in international freight agency for at least three years and in international express delivery for at least one year；

　　（3） A domestically funded enterprise shall have engaged in international freight agency for at least one year；

　　（4） It has domestic and overseas inward and outward express consignment transport network， as well as two or more overseas branches or agents；

　　（5） It has special marks and transport documents for its inward and outward express consignments， and its transport vehicles shall be in conformity¹⁸ with the requirements for the customs' supervision， and be subject to the approval of the customs for record；

　　（6） It meets the conditions for customs declaration by means of Electronic Data Interchange.

　　（7） The external packing of the express consignments shall be marked with a bar code in conformity with the requirements for the customs' automatic inspection¹⁹； and

　　（8） It has concluded a cooperative transport contract or agreement with an overseas cooperator （or a branch established abroad by a domestic enterprise legal person）。

　　Article 9 Where an operator of inward and outward express consignments is no longer able to meet any of the conditions listed in Article 8 of the present Measures or has not engaged in the operation of inward and outward express consignments within one year， the customs shall nullify the operator's qualification for customs declaration for inward and outward express consignments.

　　Chapter III Classification of Inward and Outward Express Consignments

　　Article 10 Inward and outward express consignments shall， in the present Measures， fall into three categories， that is， the documental category， the individual articles category， and the goods category.

　　Article 11 The term “inward and outward express consignments of the documental category” means the documents， certificates， negotiable instruments， and similar materials that are prescribed in laws or regulations to be exempted²⁰ from tax and are of no commercial value.

　　Article 12 The term “inward and outward express consignments of the individual articles category” means the luggage and articles transported separately from passengers， articles presented between relatives or friends， and other individual articles， which are prescribed in the regulations on customs， to enter or exit the territory for self-use or within a reasonable scope of quantity.

　　Article 13 The term “inward and outward express consignments of the goods category” means the express consignments other than those prescribed in Articles 11 and 12.

　　Chapter IV Supervision of Inward and Outward Express Consignments

　　Article 14 The clearance of inward and outward express consignments shall be conducted within the special surveillance place approved by the customs； if it is necessary to be conducted outside the special surveillance place because of a particular circumstance， it shall be consented by the local customs in advance.

　　An operator shall have its special area， warehouse²¹ and equipment in conformity with the customs' supervision requirements within the special surveillance place of the customs for inward and outward express consignments.

　　The administrative measures on special surveillance places for inward and outward express consignments shall be separately formulated by the Customs General Administration.

　　Article 15 The clearance of inward and outward express consignments shall be conducted during the normal working time of the customs； if it is necessary to conduct beyond the normal working time of the customs， it shall be consented by the local customs in advance.

　　Article 16 An operator shall， as required by the customs， make customs declaration to the customs for inward and outward express consignments with paper documents or by Electronic Data Interchange.

　　Article 17 Inward express consignments shall， within 14 days as of the day when the means of transport was declared for entry， and outward express consignments shall be declared to the customs 3 hours before the means of transport departs from the territory.

　　Article 18 An operator shall transmit or submit a manifest or checklist of the inward or outward express consignments to the customs， and the customs shall， after confirming that there is no error therein， accept the declaration； where the operator needs to make customs declaration in advance， it shall notify the customs in writing of the carriage or arrival of the inward and outward express consignments in advance， and transmit or submit the manifest or checklist to the customs， and the customs shall， after confirming that there is no error therein， accept the advance declaration.

　　Article 19 When the customs is inspecting the inward or outward express consignments， the operator shall send some one to be present at the scene， and be responsible for the moving， opening and re-packing of the inward and outward express consignments.

　　When the customs is opening any of the individual articles among the inward or outward express consignments for inspection， the operator shall notify the addressee of the inward express consignments or the addresser of the outward express consignments to be present at the scene； in case the addressee or addresser is unable to be at the scene， the operator shall submit a power of attorney to the customs to represent the addressee/addresser to perform the obligations， and bear corresponding legal liabilities.

　　The customs may， when considering it necessary， directly open the inward or outward express consignments for inspection， re-inspect them or draw samples of goods.

　　Article 20 Unless otherwise prescribed， the operator shall， when making customs declaration for inward or outward express consignments， separately according to the provisions on classification in Article 11 through 13 of the present Measures， submit relevant customs declaration documents to the customs and conduct corresponding formalities for customs declaration and duty payment.

　　Article 21 The operator shall， when making customs declaration for inward and outward express consignments of the documental category， submit to the customs the “KJ1 Customs Declaration Form of the Customs of the People's Republic of China for Inward and Outward Express Consignments” （see Annex²² 1）， the general transport document （counterpart）， and other documents as required by the customs.

　　Article 22 The operator shall， when making customs declaration for inward and outward express consignments of the individual articles category， submit to the customs the “Individual Articles Declaration Form of the Customs of the People's Republic of China for Inward and Outward Express Consignments” （see Annex 2）， the specific transport document of each inward or outward express consignment， a photocopy²³ of the identification certificate of the addressee of inward express consignments or of the addresser of outward express consignments， and other documents as required by the customs.

　　Article 23 The operator shall， when making customs declaration for inward express consignments of the goods category， submit customs declaration documents to the customs separately according to the following circumstances：

　　With regard to the goods whose tariff²⁴ amount is below the minimum threshold of tariff as prescribed in the “Regulations of the People's Republic of China on Import and Export Tariff” as well as the samples of goods or the advertisement articles exempted from customs duty as prescribed by the customs， the “KJ2 Customs Declaration Form of the Customs of the People's Republic of China for Inward and Outward Express Consignments” （see Annex 3）， the specific transport document of each inward express consignment， the invoices²⁵， and other documents as required by the customs shall be submitted.

　　With regard to the samples of goods or the advertisement articles on which customs duties shall be levied²⁶ （except for those prescribed by laws or regulations to be subject to permit administration， and those for which foreign exchanges need to be paid upon import）， the “KJ3 Customs Declaration Form of the Customs of the People's Republic of China for Inward and Outward Express Consignments” （see Annex 4）， the specific transport document of each inward express consignment， the invoices， and other documents as required by the customs shall be submitted.

　　Article 24 The clearance for the goods other than those prescribed in Articles 21 through 23 shall be handled according to the provisions of the customs on clearance of import goods.

　　Article 25 The operator shall， when making customs declaration for outward express consignments of the goods category， submit the customs declaration documents to the customs separately according to the following circumstance：

　　With regard to the samples of goods or the advertisement articles （except for those prescribed by laws or regulations to be subject to permit administration， those for which export tariff shall be levied， those for which foreign exchanges need to be collected upon export， and those for which taxes need to be refunded²⁷ for export）， the “KJ2 Customs Declaration Form of the Customs of the People's Republic of China for Inward and Outward Express Consignments”， the specific transport document of each outward express consignment， the invoices， and other documents as required by the customs shall be submitted.

　　The clearance for the goods other than those mentioned above shall be handled according to the provisions of the customs on clearance of export goods.

　　Chapter V Specially²⁸ Delivered Inward and Outward Express Consignments

　　Article 26 The term “specially delivered inward and outward express consignments” means the express consignments carried by air by the operator into or out of the territory in a way of special delivery under escort.

　　Article 27 The operator who is engaged in the business of specially delivered inward and outward express consignments shall， in addition to making registration according to the relevant provisions in Chapter II of the present Measures， register such particulars of the specially delivered inward and outward express consignments as the port of entry or exit， the time， route， schedule of the means of transport， detailed²⁹ information on the special deliverer himself， the mark， etc. in the local customs. In the event of any modification³⁰， the operator shall make registration in the local customs 5 working days prior to such modification.

　　Where the aforesaid conditions are met， the local customs shall issue the “Registration and Record Certificate of the Customs of the People's Republic of China for Specially Delivered Inward and Outward Express Consignments” （see Annex 5）， upon strength of which the operator shall make customs declaration for the specially delivered inward and outward express consignments.

　　Article 28 Specially delivered inward and outward express consignments shall be consigned³¹ as luggage articles， be specially packed， and be indicated with the operator's name and the words of “Specially Delivered Inward and Outward Express Consignments” on an eye-catching position of the general packing.

　　Chapter VI Legal Liabilities

　　Article 29 Any one who violates the present Measures by committing any smuggling³² act shall be punished by the customs pursuant to the “Customs Law of the People's Republic of China”， the “Detailed Rules for the Implementation³³ of Administrative Penalties under the Customs Law of the People's Republic of China”， and other relevant laws and administrative regulations； if a crime is constituted， the offender³⁴ shall be subject to criminal liabilities in jure.

　　Chapter VII Supplementary³⁵ Provisions

　　Article 30 The responsibility to interpret the present Measures shall remain with the Customs General Administration.

　　Article 31 The present Measures shall be implemented on January 1st， 2004.

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收听单词发音

1 supervision
n.监督，管理
参考例句：
The work was done under my supervision.这项工作是在我的监督之下完成的。 The old man's will was executed under the personal supervision of the lawyer.老人的遗嘱是在律师的亲自监督下执行的。

2 consignment
n.寄售；发货；委托；交运货物
参考例句：
This last consignment of hosiery is quite up to standard.这批新到的针织品完全符合规格。 We have to ask you to dispatch the consignment immediately.我们得要求你立即发送该批货物。

3 consignments
n.托付货物( consignment的名词复数 )；托卖货物；寄售；托运
参考例句：
Police have seized several consignments of pornography. 警方没收了好几批运来的色情物品。来自《简明英汉词典》 I want you to see for yourself how our consignments are cleared in London. 我要你亲自去看看我们的货物在伦敦是怎样结关的。来自辞典例句

4 promulgated
v.宣扬（某事物）( promulgate的过去式和过去分词 )；传播；公布；颁布（法令、新法律等）
参考例句：
Hence China has promulgated more than 30 relevant laws, statutes and regulations. 中国为此颁布的法律、法规和规章多达３０余项。来自汉英非文学 - 白皮书 The shipping industry promulgated a voluntary code. 航运业对自律守则进行了宣传。来自辞典例句

5 implemented
v.实现( implement的过去式和过去分词 )；执行；贯彻；使生效
参考例句：
This agreement, if not implemented, is a mere scrap of paper. 这个协定如不执行只不过是一纸空文。来自《现代汉英综合大词典》 The economy is in danger of collapse unless far-reaching reforms are implemented. 如果不实施影响深远的改革，经济就面临崩溃的危险。来自辞典例句

6 repealed
撤销，废除( repeal的过去式和过去分词 )
参考例句：
The Labour Party repealed the Act. 工党废除了那项法令。 The legislature repealed the unpopular Rent Act. 立法机关废除了不得人心的租借法案。

7 simultaneously
adv.同时发生地，同时进行地
参考例句：
The radar beam can track a number of targets almost simultaneously.雷达波几乎可以同时追着多个目标。 The Windows allow a computer user to execute multiple programs simultaneously.Windows允许计算机用户同时运行多个程序。

8 clearance
n.净空；许可(证)；清算；清除，清理
参考例句：
There was a clearance of only ten centimetres between the two walls.两堵墙之间只有十厘米的空隙。 The ship sailed as soon as it got clearance. 那艘船一办好离港手续立刻启航了。

9 formulated
v.构想出( formulate的过去式和过去分词 )；规划；确切地阐述；用公式表示
参考例句：
He claims that the writer never consciously formulated his own theoretical position. 他声称该作家从未有意识地阐明他自己的理论见解。来自《简明英汉词典》 This idea can be formulated in two different ways. 这个意思可以有两种说法。来自《现代汉英综合大词典》

10 administrative
adj.行政的，管理的
参考例句：
The administrative burden must be lifted from local government.必须解除地方政府的行政负担。 He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。

11 lawfully
adv.守法地，合法地；合理地
参考例句：
Lawfully established contracts shall be protected by law. 依法成立的合同应受法律保护。来自口语例句 As my lawfully wedded husband, in sickness and in health, till death parts us. 当成是我的合法丈夫，无论疾病灾难，直到死亡把我们分开。来自电影对白

12 dealing
n.经商方法，待人态度
参考例句：
This store has an excellent reputation for fair dealing.该商店因买卖公道而享有极高的声誉。 His fair dealing earned our confidence.他的诚实的行为获得我们的信任。

13 postal
adj.邮政的，邮局的
参考例句：
A postal network now covers the whole country.邮路遍及全国。 Remember to use postal code.勿忘使用邮政编码。

14 drawn
v.拖，拉，拔出；adj.憔悴的，紧张的
参考例句：
All the characters in the story are drawn from life.故事中的所有人物都取材于生活。 Her gaze was drawn irresistibly to the scene outside.她的目光禁不住被外面的风景所吸引。

15 registration
n.登记，注册，挂号
参考例句：
Marriage without registration is not recognized by law.法律不承认未登记的婚姻。 What's your registration number?你挂的是几号？

16 authorized
a.委任的，许可的
参考例句：
An administrative order is valid if authorized by a statute.如果一个行政命令得到一个法规的认可那么这个命令就是有效的。

17 joint
adj.联合的，共同的；n.关节，接合处；v.连接，贴合
参考例句：
I had a bad fall,which put my shoulder out of joint.我重重地摔了一跤，肩膀脫臼了。 We wrote a letter in joint names.我们联名写了封信。

18 conformity
n.一致，遵从，顺从
参考例句：
Was his action in conformity with the law?他的行动是否合法？ The plan was made in conformity with his views.计划仍按他的意见制定。

19 inspection
n.检查，审查，检阅
参考例句：
On random inspection the meat was found to be bad.经抽查，发现肉变质了。 The soldiers lined up for their daily inspection by their officers.士兵们列队接受军官的日常检阅。

20 exempted
使免除[豁免]( exempt的过去式和过去分词 )
参考例句：
His bad eyesight exempted him from military service. 他因视力不好而免服兵役。 Her illness exempted her from the examination. 她因病而免试。

21 warehouse
n.仓库；vt.存入仓库
参考例句：
We freighted the goods to the warehouse by truck.我们用卡车把货物运到仓库。 The manager wants to clear off the old stocks in the warehouse.经理想把仓库里积压的存货处理掉。

22 annex
vt.兼并，吞并；n.附属建筑物
参考例句：
It plans to annex an England company in order to enlarge the market.它计划兼并一家英国公司以扩大市场。 The annex has been built on to the main building.主楼配建有附属的建筑物。

23 photocopy
n.影印本；v.影印
参考例句：
The original reproduces clearly in a photocopy.原件复印得十分清晰。 What's wrong with the photocopy machine?复印机出了什么问题？

24 tariff
n.关税，税率；(旅馆、饭店等)价目表，收费表
参考例句：
There is a very high tariff on jewelry.宝石类的关税率很高。 The government is going to lower the tariff on importing cars.政府打算降低进口汽车的关税。

25 invoices
发票( invoice的名词复数 )；（发货或服务）费用清单；清单上货物的装运；货物的托运
参考例句：
Take the example of a purchasing clerk keying invoices into a system. 继续说录入员输入发票的例子，这个录入员是一个全职的数据输入人员。来自About Face 3交互设计精髓 Consular invoices are declarations made at the consulate of the importing country. 领事发票是进口国领事馆签发的一种申报书。

26 levied
征（兵）( levy的过去式和过去分词 )；索取；发动（战争）；征税
参考例句：
Taxes should be levied more on the rich than on the poor. 向富人征收的税应该比穷人的多。 Heavy fines were levied on motoring offenders. 违规驾车者会遭到重罚。

27 refunded
v.归还，退还( refund的过去式和过去分词 )
参考例句：
Postage costs will be refunded (to you). 邮费将退还（给你）。来自辞典例句 Yes, it will be refunded to you at the expiration of the lease. 是的，租约期满时，押金退回。来自无师自通校园英语会话

28 specially
adv.特定地；特殊地；明确地
参考例句：
They are specially packaged so that they stack easily.它们经过特别包装以便于堆放。 The machine was designed specially for demolishing old buildings.这种机器是专为拆毁旧楼房而设计的。

29 detailed
adj.详细的，详尽的，极注意细节的，完全的
参考例句：
He had made a detailed study of the terrain.他对地形作了缜密的研究。 A detailed list of our publications is available on request.我们的出版物有一份详细的目录备索。

30 modification
n.修改，改进，缓和，减轻
参考例句：
The law,in its present form,is unjust;it needs modification.现行的法律是不公正的，它需要修改。 The design requires considerable modification.这个设计需要作大的修改。

31 consigned
v.把…置于（令人不快的境地）( consign的过去式和过去分词 )；把…托付给；把…托人代售；丟弃
参考例句：
I consigned her letter to the waste basket. 我把她的信丢进了废纸篓。 The father consigned the child to his sister's care. 那位父亲把孩子托付给他妹妹照看。来自《现代英汉综合大词典》

32 smuggling
n.走私
参考例句：
Some claimed that the docker's union fronted for the smuggling ring.某些人声称码头工人工会是走私集团的掩护所。 The evidence pointed to the existence of an international smuggling network.证据表明很可能有一个国际走私网络存在。

33 implementation
n.实施，贯彻
参考例句：
Implementation of the program is now well underway.这一项目的实施现在行情看好。

34 offender
n.冒犯者，违反者，犯罪者
参考例句：
They all sued out a pardon for an offender.他们请求法院赦免一名罪犯。 The authorities often know that sex offenders will attack again when they are released.当局一般都知道性犯罪者在获释后往往会再次犯案。

35 supplementary
adj.补充的，附加的
参考例句：
There is a supplementary water supply in case the rain supply fails.万一主水源断了，我们另外有供水的地方。 A supplementary volume has been published containing the index.附有索引的增补卷已经出版。

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