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Regulations
of the General Administration of Customs of the People's Republic
of China on the Import and Export of Articles by the Diplomatic
Missions and their Members in 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 the 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 Government, and shall comply with 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
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 the 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 or their members
may not change hands. Prior permission shall be obtained from the
Customs should the need arise for such transfer due to special reason.
The buyer or seller of the articles whose transfer has been permitted
shall complete taxpaying 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 cosigner
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 nor 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 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.
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