Administration Rules on
the Exchange and Trading of Goods by Border Residents
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occurred while processing this directive]
Article
1 Pursuant to the Customs
Law of the People's Republic of China and other related laws and
regulations, the present rules are hereby formulated for purposes of
promoting a healthy development of the exchange and trading of goods
by border residents, making border economy prosperous and enforcing
the administration of Customs supervision.
Article
2 The exchange and
trading of goods by border residents is defined as the activity of
exchanging commodities by inhabitants of border areas in the
open-spots or designated fairs approved by the government within 20
kilometers to the land border of China, which shall not go beyond
the limited volume of trade or quantity.
Requirements for carring
out such trade as the exchange of goods by border
residents:
1.The trading place
shall be located close to the land border or boundary
river;
2.The trading place
shall be approved by the People's Government of the border province
or the autonomous region;
3.Trade areas(spots) fox
exchanging goods by border residents shall have a clear boundary
line;
4.Facilities for Customs
supervision and administration shall meet the requirements of the
Customs.
Article
3 Inhabitants of border
areas in China as well as border residents of the other country can
enter the trade areas (spots )to undertake the exchange of
goods.
Enterprises like shops,
supply and marketing cooperatives in the border areas of China are
subject to the management of frontier trade if they set up a stand
in the trade area(spot)of exchanging goods by border residents and
engage in the activity of exchanging commodities.
Article
4 When inhabitants of the
border area carry goods with them to enter or exit the trade
area(spot)of exchanging goods by border residents or a border port,
they shall declare the variety ,amount and values of the goods
exactly as they are, and shall submit to the supervision,
administration and inspection of the Customs.
Article
5 Goods taken by one
border resident from the border ports or the area(spot)for
exchanging and trading goods by border inhabitants each day shall be
exempt from import duties and taxes if it is less than RMB 1,000
yuan in value; if the value is between RMB 1,000 and 5,000 yuan, the
excess part shall be levied with import duties in line with
regulations described in Provisions of the People's Republic of
China on the Levy of Import Duties on Personal Luggage of Passengers
and Personal Postal Parcels Arriving in China; if the value is
beyond RMB 5,000 yuan, the goods shall be levied with import duties
and taxes in accordance with the Customs Regulations of Import
Tariff of the People's Republic of China and shall go through
related formalities as the import and export of goods.
Article
6 Border residents and
enterprises engaging in the exchanging of commodities of both
countries shall not carry or transport goods which is prohibited by
the State to import or export into or out of the area (spot)for
exchanging and trading goods by residents of border
areas.
Commodities which are
under the State limit for import and export or are under the license
management shall be dealt with according to the State's relevant
regulations.
Article
7 In places for the
exchange and trading of goods by border residents which can be
closed and are linked to the other country, residents of the other
country, residents of the other country shall declare to the Customs
stationed in area for supervision and administration when they take
goods to enter China.
Article
8 If there is no Customs
institution locally, related departments can be entrusted by the
provincial government or that of the autonomous region after
consulting with the directly subordinated Customs to carry out the
administration. The local government should strengthen management,
formulate detailed regulations for implementation upon agreement
after discussing with the Customs. The Customs should give
instructions and work jointly with the local government to check the
management irregularly.
Article
9 Customs of all levels
shall enforce the management of the exchange and trading of goods by
border residents, crack down with severity the illegal activity of
smuggling under the cover of exchanging and trading goods by border
in habitants. Activities against the Customs Law and regulations of
these Rules shall be dealt with by the Customs in line with the
Customs Law and Detailed Implementation Rules on Administrative
Penalties of the Customs Law.
Article
10 The Customs General
Administration shall be responsible for the interpretation of these
Rules.
Article
11 These Rules shall
enter into effect on April 1,1996 [an error occurred while processing this
directive] |