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[No.389] Decree of the State Council of the People’s Republic of China No. 389


The Decision of the State Council on Amending the Interim Measures of the Customs of the People’s Republic of China on Supervision and Control of Export Processing Areas is hereby promulgated, and shall be effective as of November 1, 2003.



Premier: Wen Jiabao


September 2, 2003



Decision of the State Council on Amending the Interim Measures of the Customs of the People’s Republic of China on Supervision and Control of Export Processing Areas



(Promulgated by Decree No. 389 of the State Council of the People’s Republic of China on September 2, 2003, and effective as of November 1, 2003)



For the purpose of meeting the requirement of new situation on the supervision of export processing areas by Customs and promoting the healthy development of the areas, an amendment has been made to the Interim Measures of the Customs of the People’s Republic of China on Supervision and Control of Export Processing Areas as follows:



1. Article 20 is amended as: “The goods manufactured by the enterprises within the areas, any scraps, rejects and substandard products, wastes, etc. arising in the course of the processing and production shall be re-exported out of the territory. Where there is a need to transport them to outside areas for home use under special circumstances, Customs duties and taxes shall become payable based on the tariff classification determined on the state as they were imported for home use upon application by the enterprises and verification and approval by the competent Customs offices. If the goods are under the import licensing control, the import licensing certificates shall be exempt. But the import licensing certificates shall be obtained from the environmental protection department according to the existing provisions for those goods prescribed in the Restriction List of Imported Scraps and Wastes Recyclable for Use as Raw Materials. Where scraps and wastes of no commercial value need to be transported to outside areas for destruction, exit formalities shall be completed with the competent Customs office on the basis of the document of approval issued by the administrative committee of the processing area and the environmental protection department, and Customs shall exempt them from import licenses and Customs duties and taxes.”



2. Article 44 is deleted.


In addition, wording in some articles has been modified and the sequence of articles is altered correspondingly.


This Decision is effective as of November 1, 2003.


The Interim Measures of the Customs of the People’s Republic of China on Supervision and Control of Export Processing Areas shall be revised correspondingly in accordance with this Decision and be promulgated anew.



Interim Measures of the Customs of the People’s Republic of China on Supervision and Control of Export Processing Areas


(Approved by the State Council on April 27, 2000, and promulgated by Decree No. 81 of the General Administration of Customs on May 24, 2000; amended on June 6, 2002; amended in accordance with the Decision of the State Council on Amending the Interim Measures of the Customs of the People’s Republic of China on Supervision and Control of Export Processing Areas on September 2, 2003)



Chapter I General Provisions


Article 1 These Measures are formulated in accordance with the Customs Law of the People’s Republic of China and relevant laws and regulations of the State for the purpose of strengthening and improving administration of processing trade, regulating supervision of export processing areas by Customs, promoting a healthy development of export processing areas and encouraging expansion of foreign trade and exports.


Article 2 In order to prevent duplicated construction, export processing areas (hereinafter referred to as processing areas) to be established within the territory of the People’s Republic of China shall be located only in the existing economic and technological development zones that have been approved by the State Council, and shall be reported to the State Council for approval by the people’s governments of the provinces (autonomous regions, municipalities directly under the Central Government).


Article 3 Processing areas are specific areas under supervision and control of Customs. Customs shall establish offices in all processing areas and exercise, pursuant to these Measures, 24-hour supervision over the goods entering or leaving processing areas and over the relevant sites therein.


Article 4 Separation facilities and close circuit television supervision and control systems that meet the requirements of Customs supervision and control shall be installed between processing areas and other areas of the territory of the People’s Republic of China (hereinafter referred to as outside areas). Only after the General Administration of Customs has tested and accepted the separation facilities of processing areas, may business operations related to processing areas be engaged in.


Article 5 An administrative committee of a processing area, export processing enterprises, warehousing enterprises that provide services solely for the production of export processing enterprises, and transportation enterprises that are solely engaged in the transportation of goods into and out of the processing area with Customs approval shall be established therein.


No other persons may live in a processing area except security guards and enterprises’ duty-employees. No profit-oriented consumer facilities may be established.


Article 6 No retailing business, general trade, transit trade and other business irrelevant to a processing area may be conducted therein.


Article 7 All enterprises established within processing areas (hereinafter referred to as enterprises within the areas) shall go through registration formalities with Customs.


Article 8 Enterprises within the areas shall, in accordance with the provisions of the Accounting Law of the People’s Republic of China and the relevant laws and regulations of the State, set up account books and statements that meet the requirements of Customs supervision and control. They shall make entries and conduct accounting on the basis of legitimate and valid vouchers and make a record of such items as inventory, assignment, transfer, sale, processing, use and consumption of the enterprises’ goods and articles entering or leaving the processing areas.


Article 9 Processing areas shall be subjected to computer network control and the Customs auditing system.


Enterprises within the areas shall establish computerized databases that conform to the requirements of Customs supervision and control, connect them to Customs through computer networks and exchange electronic data each other.


Article 10 The bank guarantee ledger system for processing trade shall not be applied to the processing trade business conducted by enterprises within the areas, and Customs shall not exercise administration by the Processing Trade Register.


Article 11 Customs has the power, in accordance with the provisions of the Customs Law of the People’s Republic of China, to conduct inspections and examinations of goods, articles, means of transport and persons entering or leaving a processing area and relevant sites therein.



STATEMENT

General Administration of Quality Supervision Inspection and Quarantine AQSIQ Organization

No.68.ShunAn South Road,MaPo District,ShunYi District,BeiJing Post Code: 101300