Laws of the People's Republic of China

   Article 1 With a view to promoting China's foreign economic relations and trade, facilitating the entering and out-going of vessels and strengthening control by the customs on the entry and exit of vessels and the goods and articles on board and in accordance with "Customs Law of the People's Republic of China" and related State laws and decrees, the procedures hereof are formulated.

   Article 2 "Entering and out-going international navigating vessels" as mentioned in the procedures hereof (hereinafter referred to as "vessels") denote Chinese and overseas vessels that enter or leave China to operate in international waters.

Small vessels from and to Hong Kong and Macao are dealt with in accordance with relevant regulations.

   Article 3 Vessels should enter or leave China, drop anchore, load or unload goods and articles and have personnel get on or off board at ports with customs and accept supervision and control by the customs. Local port authority is held responsible to inform the customs in advance of the venue where vessels are to be anchored, to more to another anchorage, load or unload goods and articles and have personnel get on or off board in an area under custom's supervision and control; if the vessels are to do so in areas not under custom's supervision and control, the local port authority has to consult the customs.

If vessels have to enter or leave China, drop anchore, load or unload goods and articles or have personnel get on or off board at ports without customs, it has to get approval from the State Council or authority empowered by the State Council after their consultation with the customs and supervised and controlled by the customs and the vessels have to pay the customs a fee in accordance with regulations.

   Article 4 The responsible person of a vessel or his or her agent has to inform the customs 24 hours in advance before its arrival at or departure from the port and inform the customs of the time when the vessel is to load or unload goods and articles.

   Article 5 If vessels, out of force majeure, are forced to be anchored, have personnel get on or off board, or throw away or unload goods and articles, responsible persons of the vessels or their agents must promptly report to the customs in the vicinity.

   Article 6 Overseas vessels entering China or Chinese vessels leaving China must not be transferred or used for other purposes if they have not been through customs procedures of clearance.

   Article 7 Chinese vessels that, upon approval by the Ministry of Transportation, are engaged in international passenger and goods transport business must apply for and get "The Book of Customs Supervision and Control on the Entry and Exit of Vessels" from the customs where the shipping company is located.

   Article 8 If vessels load or unload import or export goods and articles or have those personnel who leave or come into China get on or off board, they must factually report to the customs and accept examination by the customs.

   Article 9 When vessels are entering China, their responsible persons must factually report to the customs and hand in the following documents:

(1) A copy of "Report on Vessel Entry";

(2) Two copies of "Statement of Import Goods" (Those with no goods on board hand in "Statement of No Goods");

(3) A copy of "Statement of Entering Passengers" (including through passengers. Those with no passengers on board are exempted.);

(4) A copy of "Statement of Crew";

(5) A copy of "Statement of articles, Currencies, Gold and Silver for Crew's Own and Ship's Use";

(6) A copy of "Sealed Statement of Cigarettes and Liquor for Crew's and Ship's Own Use";

(7) "The Book of the Customs Supervision and Control on Entry and Exit of Vessels" (Foreign vessels are exempted.);

(8) Other documents the Customs deem as necessary for its supervision and control.

If responsible persons of vessels entering a port or their agents are unable to provide in time the complete "Statement of Import Goods", they must hand in a letter of guarantee to the customs and may unload the goods first upon the latter's consent; but they must hand in complete documents to the customs in 24 hours after the unloading of goods.

Before vessels that have entered China move to other Chinese ports, responsible persons of foreign vessels must hand in a report to the customs on its movement to another port and bring the customs-sealed package, intact, to the customs at the port it is going to call; in the case of Chinese vessels, the customs make notes in "The Book of the Customs Supervision and Control on Entry and Exit of Vessels".

   Article 10 Before cessels load export goods, the agent of the goods must send an advance statement of the goods to the customs. If the export goods are withdrawn from aboard, responsible persons of the vessels or their agents must make a declaration to the customs before the vessels complete their unloading.

   Article 11 When vessels leave China, they must make factual declaration to the customs. Responsible persons of the vessels or their agents must hand in the following documents to the customs:

(1) A copy of "Statement of Export Goods" (Those with no export goods hand in a statement of no goods.);

(2) A copy of "List of Exit Passengers" (Those that have no changes may be exempted.);

(3) A copy of "List of Crew" (Those that have no changes may be exempted.);

(4) "The Book of Customs Supervision and Control on Entry and Exit of Vessels" (Foreign vessels are exempted.);

(5) Other documents the customs deem necessary.

   Article 12 When the customs are examining vessels, responsible persons of the vessels must be present and at the request of the customs order the personnel concerned, to open the cabin, rooms and storages for inspection. If the vessels are suspected of smuggling actions, they must open the parts or move goods and materials where smuggled goods and articles are supposed to be hidden. If necessary, the customs have the right to gather the crew and temporarily seal the crew's rooms and other parts of the vessels. After the termination of customs examination, responsible persons of the vessels should sign the customs examination records.

When the customs are examining the crew's luggage, the crew members concerned must be present and open their luggage and places where their personal articles are store at the request of the customs. Prohibited or smuggled articles discovered by the customs in public places and not claimed by any one are to be disposed by the customs.

If necessary, the customs may dispatch its officials to get on board or be stationed in the vessel during its travel in China for supervision and control, the vessel authorities should provide conveniences.

   Article 13 During a vessel's call at a port, the ship's or the crew's cigarettes and liquors are all sealed by the customs (except for the limited amount as permitted by the latter). The customs may seal, according to circumstances, the ship's materials and the ship's and crew's currencies, gold and silver. The responsible person of the vessel must make sure that customs seals be kept intact. If it is necessary to open the seals, the responsible person of the vessel must apply to the customs in written form. When necessary, the former has to provide transportation means.

   Article 14 The export and import goods and articles under customs supervision and control must be stored at warehouses and venues registered at the customs.

   Article 15 Only after the customs seal the bill of lading may warehouses and transport departments deliver the import goods and may the owner of the goods or his or her agent take delivery. Only after the customs seal the shipping list may the warehouses and transport departments load on board the export goods and may responsible persons of the vessels sign the mate's receipt.

   Article 16 After vessels complete unloading import goods and articles, their responsible persons should send to the customs the factual cargo receipts and records of spillover, short-landing, erratic unloading and damages of goods in 24 hours.

If there are spillover, short-landing or erratic unloading recognized by the customs, responsible persons of the original loading vessels and owners of the goods may separately go through the procedure of return to sender or the procedure of import in three months as of the date when unloading starts. If necessary, the duration may be prolonged for another three months upon approval by the customs. If the necessary procedures are not completed before the set time, they are disposed by the customs.

   Article 17 If vessels are to load more goods or unload ship fuel and materials or they supply each other ship fuel, materials, articles, public cigarettes, liquors and food, responsible persons of the vessels must work out a memo and send it to the customs for approval and it is done under customs supervision and control.

If the vessels are to dispose of their sweepings and waste materials, their responsible persons have to send a written application to the customs; the vessels' recipient units shall ask firms that have operational powers to go through relevant customs procedures on their behalf.

Dunnaging and ballasting materials asked to be shipped out of China again must be shipped out of China in six months as of the date when unloading starts. If those are not to be shipped out of China, the consignee must go through customs's import procedures in 14 days as of the date when unloading starts.

   Article 18 Chinese entry-and-exit vessels that are to handle domestic transport as a supplementary business or change to domestic transport have to go through relevant procedures in accordance with "Customs Regulations of the People's Republic of China of Supervision and Control on Chinese Vessels Operating International and Domestic Transport As a Supplementary Business".

   Article 19 Violations of stipulations contained in those procedures hereof are dealt with by the customs in accordance with "Customs Law of the People's Republic of China" and "Detailed Rules on Administrative Punishment As Set in the Customs Law of the People's Republic of China".

   Article 20 The right of interpretation of the procedures hereof rests with the Customs General Administration.

   Article 21 The procedures hereof come into force as of January 1,1992.