PROVISIONS OF THE GENERAL CUSTOMS ADMINISTRATION ON THE ADMINISTRATION OF THE IMPORT AND EXPORT OF ARTICLES BY FOREIGN DIPLOMATIC MISSIONS AND THEIR PERSONNEL IN CHINA

Provisions of the General Customs Administration of the People's Republic of China on the Administration of the Import and Export of Articles by Foreign Diplomatic Missions and Their Personnel in China

Article 2 Cases concerning the import and export of articles for official
use by a foreign diplomatic mission in China (hereinafter referred to as
"the mission"), or the import and export of articles for personal use by the
personnel of a foreign diplomatic mission, shall comply with these Provisions,
unless a bilateral agreement, which shall be complied with instead, exists.

In the preceding paragraph, "articles for official use" refers to articles
directly needed by a foreign mission in the performance of its functions,
which include furniture, decorative articles, office equipment, supplies for
reception of guests, and mortar vehicles; "articles for personal use" refers
to articles directly needed for daily use, during their stay in China, by
mission personnel and their spouses and minor children living with them,
which include furniture, household electrical appliances, and mother vehicles.

Article 3 The import and export of articles for official use by the
mission, and the import and export of articles for personal use by diplomatic
agents through consignment shipping or by post, shall all be declared to
the Customs.

Diplomatic agents entering or leaving the country shall declare orally
to the Customs their accompanied personal effects, or their personal luggage
transported separately in the same vehicle of transport, and the Customs shall
give clearance without inspection.

In case there are serious grounds for presuming that the luggage contains
articles not for official use or articles not for personal use, or the luggage
contains articles forbidden to be brought into or out of the country by the
Chinese laws and regulations, the Customs shall have the right to inspect the
luggage. Such inspection shall be conducted only in the presence of the
diplomatic agent concerned, or of his authorized representative.

Article 4 Articles for official use declared for import by the mission,
or articles for Personal use declared for import by a diplomatic agent,
shall be exempt from Customs duties after they have been examined by the
Customs and found to be within the reasonable quantities for direct use.

Articles for official use and for personal use, declared at the Customs
for export, shall be given clearance after being examined and verified by
the Customs.

Article 5 The mission and its personnel may not carry into or out of
the country articles whose import and export are forbidden by the laws and
regulations of the People's Republic of China. If the aforesaid articles need
to be imported or exported for special reasons, a prior permission must be
obtained from the authorities concerned of the Chinese Government, and the
matter shall be handled in accordance with the pertinent provisions
prescribed by the Chinese government.

For the import of radio transmitters and receivers with their accessories,
a written application must be submitted in advance to the Chinese Ministry
of Foreign Affairs for approval. The mission and its personnel shall declare
at the Customs and present the relevant approval documents, and the Customs
shall give clearance after examination and verification.

To take cultural relics out of the country, a declaration must be made in
advance with the Customs; and the relics shall be appraised by the cultural
and administrative departments of the provinces, autonomous regions, or
municipalities directly under the Central Government, as designated by the
State cultural and admimstrative department, and an export certificate shall
be issued. The mission and its personnel shall present the relevant
certification to the Customs, and the Customs shall give clearance after
examination and verification.

The carrying into or out of China of firearms and ammunition shall be
handled in accordance with the provisions of Measures of the People's Republic
of China for the Control of Firearms.

The import or export of articles that is controlled by China's quarantine
laws and regulations shall be handled by the Customs in accordance with the
pertinent laws and regulations.

Article 6 In the case where the articles, declared by the mission and
its personnel, belong to the categories of articles forbidden by China's laws
and regulations to be imported or exported, these articles, unless their
import or export has been approved by China's competent authorities, shall be
detained by the Customs; the detained articles shall be withdrawn from import
or export by the mission or its mission personnel concerned within 90 days.
If these articles are not withdrawn within the said time limit, they shall
be appraised at the current rate and turned over by the Customs to the
State treasury.

Article 7 Articles imported duty-free by the mission and its personnel
shall not be transferred. Should the aforesaid articles need to be transferred
for a special reason, permission must be obtained from the Customs.

With respect to articles transferred with permission, the transferee or
the transferor shall go through the procedures with the Customs, in accordance
with pertinent provisions, for the payment of or the exemption from duties.

Article 8 Diplomatic bags delivered by or sent to the mission shall be
given clearance without inspection by the Customs. Diplomatic bags shall be
sealed with an identifiable external mark; such bags may contain diplomatic
papers and articles for official use only.

Diplomatic couriers shall be provided with courier certificates issued by
the competent authorities of the despatching country when they carry
diplomatic bags. The captain of a commercial aircraft may be entrusted to
carry diplomatic bags. He shall be provided with an official certifying
document issued by the consigner state, indicating the number of packages.
With respect to the diplomatic bags delivered by, or through consignment
transport by the captain of a commercial aircraft, the mission concerned shall
send its personnel to go through the procedures for the handling over, taking
possession of or delivery of the said diplomatic bags.

Article 9 The members of administrative, technical or service staff of the
mission who are not Chinese citizens, or persons permanently resident in
China, shall submit a written declaration to the Customs when they bring into
the country personal effects, including articles intended for their
establishment imported within 6 months of the time of their installation in
China. Where the aforesaid articles are within reasonable quantities for
direct use (as for cars, one for each household), the Customs shall give
clearance duty-free after examination and verification.

In case personal effects are sent into or out of the country by post by
the personnel mentioned in the preceding paragraph; the Customs shall handle
the case in accordance with the provisions concerning the personal articles
sent by post.

In case personal effects are brought into the country by consignment
shipping by the personnel mentioned in the first paragraph of this Article
during their term of office, the Customs shall handle the case by applying
mutatis mutandis the second paragraph of this Article.

Article 10 In case articles or pouches for official use are brought into
or out of the country by the representative offices of the United Nations or
its specialized agencies, or of other international organizations, in China,
as well as articles for personal use which are brought into or out of the
country by the representatives, the members of the administrative, technical
or service staff of the said representative offices and their spouses and
minor children living with them, the Customs shall handle them in accordance
with the relevant international conventions to which China is a party, and
also with the agreements signed between China and the international
organizations concerned; for cases which are not regulated by the aforesaid
conventions or agreements, the Customs shall handle them with reference to
relevant articles of these Provisions.

Article 11 In case articles for official use and consular bags are
brought into or out of the country by foreign consular posts in China, and
articles for personal use brought into or out of the country by consular
officers, other members of the consular posts, or their spouses and minor
children living with them, the Customs shall handle them in accordance with
the relevant international conventions to which China is a party, and also
with the agreements signed between China and the countries concerned; for
the cases which are not regulated by the aforesaid conventions or agreements,
the Customs shall handle them in accordance with the principle of reciprocity
and with reference to the relevant Articles of these Provisions.

Article 12 These Provisions shall go into effect as of the date of
promulgation.

Category	CUSTOMS	Organ of Promulgation	The State Council	Status of Effect	In Force
Date of Promulgation	1986-12-01	Effective Date	1986-12-01

Laws of the People's Republic of China

PROVISIONS OF THE GENERAL CUSTOMS ADMINISTRATION ON THE ADMINISTRATION OF THE IMPORT AND EXPORT OF ARTICLES BY FOREIGN DIPLOMATIC MISSIONS AND THEIR PERSONNEL IN CHINA