Laws of the People's Republic of China

CUSTOMS PROCEDURES FOR THE SUPERVISION OF
LUGGAGE AND OTHER ARTICLES BELONGING TO
TRAVELLERS CROSSING THE BORDERS

(Revised and Promulgated as Order No.GH-Lin-985(58)
of the Ministry of Foreign Trade on
September 29, 1958)

 

 

SUBJECT: CUSTOMS

ISSUING-DEPT: MINISTRY OF FOREIGN ECONOMIC RELATIONS & TRADE

ISSUE-DATE: 09/29/1958

IMPLEMENT-DATE: 10/15/1958

LENGTH: 2080 words

TEXT:

CHAPTER I GENERAL RULES

[Article 1] These Procedures are formulated for the purpose of ensuring the effective implementation of the foreign trade control system and in proper consideration of the needs of travellers crossing the borders.

[Article 2] Except for those specially permitted by the General Customs Office of this Ministry, travellers crossing the borders and their luggage and articles shall go through the places with Customs stations.

[Article 3] Travellers crossing the borders shall have their luggage and articles examined by the Customs officers and shall make a "Declaration of Traveller's Luggage and Articles" at the Customs stations before being examined.

The personnel of postal or transport organizations, who cross the borders frequently on duty, and those who are entitled to cross the borders frequently may make oral declarations only.

[Article 4] The time and places for the examination of travellers' luggage and articles shall be fixed by the Customs.0 When the Customs examines the luggage and articles, a traveller or his agent shall be present, but the Customs shall be entitled to examine them without their presence if necessary.

[Article 5] The Customs shall proceed in accordance with relevant provisions with the clearance of the luggage and articles of senior officials of the Government of the People's Republic of China, diplomats, consuls and diplomatic messengers accredited by China to foreign countries or by foreign countries to China, experts invited to work in China, the delegates of Chinese and foreign governments and people's representatives, etc.

In addition to the supervision under these Procedures, the luggage and articles of returned overseas Chinese shall be handled in accordance with "The Interim Provisions of the Customs for the Supervision of the Luggage and Articles of Such Travellers as Overseas Chinese Crossing the Borders."

[Article 6] The supervision of the luggage and articles of the travellers coming from or going to Hong Kong or Macao shall be handled in accordance with "The Procedures of the Customs for the Supervision of the Luggage and Articles of Travellers from or to Hong Kong or Macao."

Note: This sentence has been revised in auordance with the provisions of 1978.

[Article 7] The articles declared by a traveller which are prohibited from import or export shall be detained by the Customs and the traveller or his agent shall be responsible for returning the articles abroad or to any place in China within six months respectively.0 If the articles are not returned before the time limit, they shall be confiscated by the Customs.0 The articles detained by reason of their harmful effect to politics, culture, morality and public health shall not be returned and shall be disposed of by the Customs in accordance with the relevant provisions of the state.

[Article 8] With regard to gold, silver (including gold, platinum, silver and their products), jewelry, diamond jewelry, currencies, negotiable money orders, securities, stamps and other articles which are subject to examination or quarantine as stipulated by the state in addition to those provided for in these Procedures, they shall be handled in accordance with the relevant provisions of the State.

[Article 9] A traveller who uses his luggage and articles for the purpose of illegal foreign exchange or sells them without authorization after the luggage and articles have been cleared by the Customs in accordance with these Procedures shall be treated by the Customs as having committed an act of smuggling.

CHAPTER II INCOMING TRAVELLERS

[Article 10] An incoming traveller's luggage and articles for his personal or family use in reasonable quantity shall be cleared with the exemption from an import licence, Customs duties and industrial and commercial consolidated taxes.0 However, the articles listed in Appendix (2) of these Procedures shall be limited to the numbers stipulated in the appendix.0 If the number of articles exceeds the limits stipulated in the appendix but remains within the limits of his personal or family use and in reasonable quantity, the excess shall be cleared after payment of Customs duties and industrial and commercial consolidated taxes.

[Article 11] Presents of clothes, food, toys, native or special products in small quantities carried by an incoming traveller and odd numbers of his articles of daily use, provided the total amount is not more than RMB 50 yuan, shall be cleared after payment of Customs duties and industrial and commercial consolidated taxes.

[Article 12] The luggage and articles in excess of the limits of his personal or family use and of reasonable quantity or the presents in excess of the limits stipulated in Article 11 of these Procedures shall be prohibited from import and returned abroad by a traveller or his agent within six months (perishable items shall be limited to five days); if they are not returned within the time limit, they shall be sold by the Customs and the proceeds shall be paid into the state treasury.

[Article 13] All incoming travellers' luggage and articles shall be examined at the Customs house in the place of entry.0 However, if there is a Customs house at the destination, all articles carried by means of railway combined transport or aircraft could be examined at the destination.

If an incoming traveller has unaccompanied baggage, he shall indicate them in his declaration and make another declaration for the Customs' examination when the unaccompanied baggage arrives.0 The luggage and unaccompanied articles must arrive within six months after the traveller's entry so that they can be calculated together with those cleared and examined as stipulated in Article 10 of these Procedures.

[Article 14] The luggage articles which are not claimed at the Customs within six months of the date of declaration by the means of transport for import (perishables shall be limited to five days) shall be sold by the Customs and the traveller(s) can claim, within six months, the balance of the proceeds of sales after the deduction of various taxes and fees.0 The Customs shall return the said balance after proving that there are no violations of law.0 If the balance of the sales proceeds is not claimed within the time limit, it shall be paid into the state treasury.

CHAPTER III OUTGOING TRAVELLERS

[Article 15] An outgoing traveller's luggage and articles which are for his personal or family use and of reasonable quantity shall be exempted from obtaining an export licence, but the articles listed in Appendix (3) of these Procedures shall be limited to the numbers as stipulated in the appendix.

[Article 16] Presents consisting of small numbers of cloths, food, toys, native or special products carried by an outgoing traveller and odd numbers of his articles of daily use valued at not more than RMB 50 yuan are not required to go through Customs formalities.

[Article 17] Articles in excess of the limits of the traveller's personal or family use and of unreasonable quantity or in excess of the limits stipulated in Appendix (3) or the presents in excess of the limit as stipulated in Article 16 shall be prohibited from export and shall be returned by the traveller or his agent within six months (perishables shall be limited to five days).0 Those which are not returned within the time limit shall be sold by the Customs and the proceeds shall be paid into the state treasury.

[Article 18] An outgoing traveller's luggage and articles shall be examined at the Customs house in the place of exit, but those carried by means of railway combined transport or aircraft shall be examined at the Customs house, if any, in the place of shipment.0 The declaration and examination formalities for unaccompanied luggage and articles shall be handled according to the provisions in Article 13 of these Procedures.

CHAPTER IV SHORT-TERM TRAVELLERS

[Article 19] With regard to the luggage and articles of a traveller who comes to China for a temporary stay of not more than six months or who goes abroad for a temporary period of not more than six months, and used by the traveller on the journey and during his stay and which are of reasonable quantity, they shall be exempted from import or export licence and cleared with the exemption from Customs duties and industrial and commercial consolidated taxes; small numbers of clothes, food, toys, native or special products carried for presentation and odd numbers of articles for daily use with the total value of not more than RMB 50 yuan shall be cleared after the collection of Customs duties and industrial and commercial consolidated taxes in accordance with the regulations.

The articles beyond the limits as stipulated in the above clause shall be prohibited from import or export and returned by the traveller or his agent abroad or to any place in our country within six months (within five days in the case of perishable items); if they are not returned within the time limit, they shall be sold by the Customs and the proceeds shall be paid into the state treasury.

[Article 20] In the case of the articles listed in Appendix (2) of these Procedures and those required by the Customs to be re-transported abroad, which are carried by a traveller who comes to China for a temporary stay of not more than six months, they shall be cleared after register by the Customs at the time of entry and shall be taken abroad again by the traveller at the time of exit.0 If the traveller contravenes this provision, he shall be treated by the Customs as having committed an act of smuggling.

A traveller who intends to take abroad again the gold and silver (including gold, platinum, silver and their products), jewelry and diamond jewelry imported by him shall have them registered with the Customs when they are imported.0 The Customs shall issue a certificate to him and examine and clear them on the basis of the certificate at the time of the traveller's exit.

[Article 21] The articles listed in Appendix (2) of these Procedures and other similar articles which are carried by a traveller who returns from a temporary stay of not more than six months abroad shall be prohibited from import with the exception of those taken abroad from home and registered with the Customs at the time of exit, and shall be disposed of as stipulated in the second clause of Article 19 of these Procedures.

[Article 22] Except for those otherwise stipulated, the working personnel of postal or transport organizations, who cross the borders frequently on duty, and others entitled to cross the borders frequently shall only be permitted to carry the articles necessary for use on the journey, which shall be cleared with the exemption of an import or export licence and taxes.0 The articles beyond the above limits shall be prohibited from import or export and disposed of as stipulated in the second clause of Article 19 of these Procedures.

CHAPTER V TRAVELLERS IN TRANSIT

[Article 23] With the exception of those articles necessary for use on the journey, an application shall be made to the Customs for sealing a transit traveller's luggage and articles.0 The Customs house in the place of exit shall clear them by checking the sealing marks.0 Those not sealed shall be examined and cleared on the basis of the declaration filled in by the traveller at the time of entry.

[Article 24] If a transit traveller leaves behind in our country the luggage and articles brought in at the time of entry without authorization of the Customs, the Customs shall, according to the particular degree of seriousness, treat him as having committed an act of smuggling or instruct the owner of the articles to return them abroad within a fixed period; those which are not returned within the time limit shall be sold by the Customs and the proceeds shall be paid into the state treasury.

CHAPTER VI SUPPLEMENTARY PROVISIONS

[Article 25] These Procedures shall be interpreted by the General Customs Office of this Ministry.

[Article 26] The appendices of these Procedures shall be revised and promulgated at any time by the General Customs Office of this Ministry according to concrete conditions.

[Article 27] These Procedures shall come into force on October 15, 1958.