Implementing Rules for Customs Administrative Penalties

2004/11/15
Coudert Brothers

中华人民共和国海关行政处罚实施条例

Implementing Rules for Customs Administrative Penalties (the "Rules")

Issued: September 19, 2004

Effective: November 11, 2004

Issuing Authority: The State Council

Main Contents: The Rules consist of five chapters, including two that clarify the procedures Customs officials must follow when investigating acts in violation of their supervision and when imposing and enforcing administrative penalties thereafter. The procedures set forth are expected to be useful in preventing any potential administrative infringement by Customs officials when performing their duties and exerting their discretion.

Furthermore, the Rules detail penalties for irregular acts, which, to a certain extent, limit the discretion Customs officials have when imposing such penalties. The Rules are applicable to the following irregular acts: (1) smuggling acts which are judicially not prosecuted as criminal cases; (2) acts in violation of the supervisory regulations of Customs; and (3) other acts subject to the administrative penalties of Customs according to other laws and regulations.

The Rules also fix detailed penalties for acts in breach of Customs regulations and other laws, regulations or rules but which do not yet constitute smuggling. These penalties include, among others, warnings, fines, confiscation of illegal gains, suspension of Customs declaration business, and cancellation of Customs declaration qualifications.

The Rules also clarify Customs' jurisdiction over administrative penalties on illegal acts.



	Article featured in Business Beijing, November 2004 Publication sponsored by Information Office of the Beijing Municipal Government, Beijing Municipal Bureau of Commerce, Development & Reform Commission of Beijing Municipality, China Council for the Promotion of International Trade (Beijing Sub-Council)