Laws of the People's Republic of China

ANNOUNCEMENT OF THE GENERAL ADMINISTRATION FOR
INDUSTRY AND COMMERCE AND THE GENERAL
ADMINISTRATION OF CUSTOMS OF THE PEOPLE'S
REPUBLIC OF CHINA REGARDING THE CRACKING DOWN ON
SMUGGLING, SPECULATION, AND PROFITEERING IN
IMPORTED AND EXPORTED ARTICLES

 (Issued on September 30, 1980)

SUBJECT: CUSTOMS

ISSUING-DEPT: STATE ADMINISTRATION OF INDUSTRY & COMMERCE

ISSUE-DATE: 03/30/1980

IMPLEMENT-DATE: 03/30/1980

LENGTH: 792 words

TEXT:

For the purpose of defending the socialist economic order, and in accordance with the written instructions of the State Council of the People's Republic of China and the Military Commission of the Central Committee of the Communist Party of China, the criminal law of the People's Republic of China and relevant policies and decrees, the following provisions are formulated to crack down on the smuggling, speculation, and profiteering in imported and exported articles:

[Article 1] All who in contravention of the Customs laws and regulations engage in activities of smuggling and profiteering in smuggled goods, shall, apart from having their smuggling tools and property confiscated in accordance with Customs laws and regulations, in serious cases, be fined additionally or handed over to judicial authorities for punishment according to law.

[Article 2] All who in contravention of state policies and decrees governing finance and the administration of industry and commerce resell for profit articles for import or export that are not smuggled, foreign currencies, foreign exchange coupons, gold, silver, jewellery, jade wares, cultural relics, expensive medicinal herbs etc shall, apart from having their resold goods confiscated, in serious cases, in addition be fined or handed over to the judicial authorities for punishment according to law.

[Article 3] Any person who sells personally imported articles must do so at the purchasing units designated by the state and shall be prohibited from peddling the same in the market or trading the same in the black market.  Anyone who contravenes this provision shall, according to the degree of seriousness of each case, be dealt with respectively by tariff surcharge, enforced purchase, penalty, confiscation, or transfer to judicial authorities for punishment according to law.

[Article 4] Commercial units which engage in personally imported articles must be checked and approved by an organ above county level governing the administration of industry and commerce; any unit that has not been checked and approved shall not engage in trade of articles brought in by foreigners, overseas Chinese and compatriots from Hong Kong.  Macao and Taiwan.  Those who contravene this provision shall have their illegal profits confiscated by the organ governing the administration of industry and commerce and turned over to the state treasury, or shall be fined.  Unsold articles shall be purchased by designated commercial units.  Any unit that contravenes this provision again shall be ordered to suspend business for inspection and the responsibility of leading members therefor shall be accounted for.

[Article 5] When it is necessary for units which have been checked and approved to engage in trade of personally imported articles to go to a port or the native place of an overseas Chinese to order stocks, they can only do so from designated commercial units.  Any other state-run or collective commercial units or cooperative retail shops cannot penetrate into ports or native places of overseas Chinese to purchase personally imported articles.  Purchases or sales at negotiated prices shall be prohibited.

[Article 6] When it is necessary for organs, army units, bodies, schools, enterprises, institutions, people's communes, production brigades, production teams and individuals to purchase imported articles, they must do so at the units designated by the state and shall be prohibited from purchasing the same from individuals or on the black market.  Those who contravene this provision shall, according to the degree of seriousness of each case, respectively be dealt with by tariff surcharge, enforced purchase, prices compensation, penalty or confiscation and in serious cases, the responsibility of leading members of the units shall be accounted for.

[Article 7] Habitual offenders, serious offenders and major culprits of cliques who engage in smuggling, speculation and resale for profit of imported and exported articles and other law-breaking criminal elements who obstruct, resist or refuse inspection, make charges at Customs or organs governing the administration of industry and commerce, or beseige or abuse or assault inspectors shall be severely punished according to law.

[Article 8] The broad masses of cadres and people must actively cooperate with public security authorities.  Customs and organs governing the administration of industry and commerce in cracking down on the activities of smuggling, speculation and profiteering.  Meritorious personnel and units that prosecute or expose activities of smuggling, speculation and profiteering shall be commended or given material reward as stipulated.