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New Customs Inspection Regulations Put in Place Proactive Disclosure System

China’s newly revised Regulations on Customs Inspection, which came into force on 1 October, seek to establish a system of proactive disclosure by enterprises and introduce professional institutions to assist in customs inspection. Attending to the actual interests of enterprises, the Regulations have a great impact on import and export businesses.

To ensure its smooth functioning, the General Administration of Customs (GAC) has stepped up efforts in revising the supporting implementation measures, which have been made public by the GAC after having gone through various legislative procedures including legislative review, and will go into effect on 1 November 2016. The implementation measures set out in details and clarify specific operating procedures, rights and obligations, improving the operability of the new regulations.

The new measures focus on revision in three areas:

First, detailed and supplementary provisions in establishing a proactive disclosure system of enterprises. The new measures set out to specify the recognition criteria, implementation procedures and legal liability in respect of the proactive disclosure, and enhance the operability and effectiveness of the proactive disclosure system, and help to better guide and encourage enterprises to strengthen self-management and take the initiative to correct errors.

Second, relevant provisions on entrusting professional institutions are refined to clarify the scope of professional institutions that can be entrusted by the customs, entrusting ways and legal consequences, resolve specific operational issues, and improve the efficiency of the customs in entrusting social actors with the task of management.

Third, customs inspection procedures are further regulated. For the specific problems existing in the current law enforcement, the measures clarify the inspection jurisdictions, administration of enforcement qualification of inspection personnel, and termination of inspection procedures. As well, the confirmation of and signing for inspection documents are further stipulated, and rights and obligations of all parties are straightened out.

For details of the Regulations in Chinese, please see:

www.gov.cn/zhengce/content/2016-07/01/content_5087409.htm

Content provided by Picture: HKTDC Research
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