Regulation of the General Administration of Customs of the People’s Republic of China on Import and Export of Articles by Diplomatic Missions and Their Members in China

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Regulation of the General Administration of Customs of the People’s Republic of China on Import and Export of Articles by Diplomatic Missions and Their Members in China  (1986) 
General Administration of Customs of the People’s Republic of China

(Approved by the State Council on 31 October 1986 and Promulgated by the General Administration of Customs on 1 December 1986)

  Article 1  The present Regulations are formulated in accordance with the Regulations of the People's Republic of China on Diplomatic privileges and Immunities.

  Article 2  The import and export of articles for official use by the Diplomatic Missions in China (hereinafter referred to as the Missions) and of personal effects by their members shall comply with the present Regulations except in cases where bilateral agreements stipulate otherwise.

  In the preceding paragraph, the term"articles for official use "refers to articles necessary for direct use by the Missions in the performance of their functions, including furniture, decorative articles, office equipment and stationery, supplies for receptions and motor vehicles; the term "personal effects" refers to articles necessary for direct and personal use by the members of the missions and their spouses and underage children living with them during their stay in China, including furniture, household electrical appliances and motor vehicles.

  Article 3  The articles for official use imported or exported by the Missions and the personal effects taken into or out of China by the diplomatic agents through consignment shipping or by mail shall be declared to the Customs in writing. The diplomatic agents entering or leaving China shall make to the Customs a verbal declaration of their accompanied personal baggages and effects as well as those conveyed by the same means of transport on which they are travelling. Such baggages and effects shall be released by the Customs without inspection.

  However, the Customs shall be entitled to inspect them if there are serious grounds for presuming that they contain articles not for official or personal use or articles whose import or export is prohibited by Chinese laws and regulations. Such inspection shall be conducted only in the presence of the diplomatic agent or of the person authorized by him/her.

  Article 4 The articles for official use declared for import by the missions and the personal effects by the diplomatic agents shall be released duty free by the Customs after check and approval provided they do not exceed the amounts necessary for direct utilization.

  The articles for official use and the personal effects declared for export shall be released by the Customs after check and approval.

  Article 5  The articles whose import or export is prohibited by the laws and regulations of the People's Republic of China may not be taken into or out of China by the Missions and their members.The import and export of such articles, if found necessary under special circumstances, shall be subject to the prior approval of the authorities concerned of the Chinese Govenment, and shall comply with the relevant regulations of the Chinese Government.

  A written application must be filed beforehand with the Chinese Foreign Ministry for approval to import wireless transmitter-receivers and related equipment. The Missions and their members shall make a declaration to the Customs and present relevant documents of approval, and the Customs shall give clearance after check and approval.

  The cultural relics to be taken out of China shall be declared beforehand and to the Customs, and examined by the cultural administration of the province, autonomous region, and municipality directly under the Central Government as designated by the state cultural administration, which will issue the Export Certificates for Cultural Relics. the Missions and their members shall submit the relevant certificates to the Customs, which shall give clearance after check and approval.

  The taking or shipping of firearms and bullets into or out of China shall comply with the provisions of the Regulations of the people's Republic of China on Firearms Control.

  The import or export of articles, accompanied or unaccompanied, which are subject to control under China's quarantine laws and regulations,

  shall be dealt with by the Customs in accordance with relevant laws and regulations.

  Article 6  Articles which are declared by the Missions and their members but whose import and export are prohibited by Chinese laws and regulations may be withheld by the Customs, unless approved by the departments concerned of the Chinese Government, and shall be shipped back by the Missions or their members concerned within 90 days . Articles not shipped back within this period shall be sold and the money thus obtained shall be handed over to the State Treasury by the Customs.

  Article 7  Articles taken in duty free by the Missions and their members may not change hands. Prior permission shall be obtained from the Customs should the need arise for such transfer due to special reasons.

  The buyer or seller of the articles whose transfer has been permitted shall complete tax paying or tax exemption formalities with the Customs according to regulations.

  Article 8  A diplomatic bag of the mission, whether outbound or incoming, shall be released by the Customs without inspection. The diplomatic bag must be sealed and bear visible external marks of their character and may contain only diplomatic documents or articles intended for official use.

  The diplomatic courier, when conveying a diplomatic bag, shall be provided with a courier certificate issued by the competent authorities of the sending state. The captain of a commercial aircraft may be entrusted with the task of conveying a diplomatic bag for the Mission, but he shall be provided with an official document of the consigner state (indicating the number of packages constituting the bag). With regard to the diplomatic bag conveyed by the captain of a commercial aircraft or sent through consignment shipping, the Mission shall send its members to complete the procedures for transfer, delivery or dispatch.

  Article 9  The members of the administrative and technical staff and service staff of the Mission shall, if they are not citizens of or permanent resident in China, make a written declaration to the Customs for the personal effects to be brought or shipped into China, including articles intended for their establishment in China imported within six months of the time of installation. These articles shall be released duty free by the Customs after inspection provided they do not exceed the amounts necessary for direct utilization by the persons concerned (of which cars are limited to one per family). Personal effects declared for being taken or shipped out of China shall be released by the Customs after inspection.

  The articles for personal use mailed into or out of China by the members mentioned in the previous paragraph shall be handled by the Customs according to the relevant regulations for private postal parcels.

  The articles for personal use shipped into China during the tenure of office of the members mentioned in the first paragraph of this Article shall be handled by the Customs according to the provisions contained in the second paragraph of this Article.

  Article 10  The articles for official use and the pouches, whether outbound or incoming, of the Offices of Organizations of the United Nations System and its specialized agencies and the international organizations in China and the articles for personal use taken into or out of China by their representatives and the members of their administrative and technical staff and service staff and their spouses and underage children living with them shall be handled by the Customs according to the relevant international conventions China has acceded to and agreements China has concluded with the international organizations concerned. Matters not covered in the conventions and agreements shall be dealt with in reference to the relevant provisions of the present Regulations.

  Article 11  The articles for official use and consular bags imported or exported by the Consular Posts in China and the articles for personal use taken into or out of China by the consular officers and the members of the consular staff and their spouses and underage children living with them shall be handled by the Customs according to the relevant international conventions China has acceded to and the agreements China has concluded with the countries concerned. Matters not covered in the conventions and agreements shall be dealt with in reference to the relevant provisions of the present Regulations on a reciprocal basis.

  Article 12  The present Regulations shall take effect as of the date of their promulgation.

This work is in the public domain because it is exempted by Article 5 of Chinese copyright law. This exempts all Chinese government and judicial documents, and their official translations, from copyright. It also exempts simple factual information, and calendars, numerical tables, and other forms of general use and formulas.