Views: 4 Author: Site Editor Publish Time: 2022-07-22 Origin: Site
Customs Import and Export Goods Prohibition and Restriction Management Regulatory documents
In order to implement the deployment requirements of the General Administration of Customs to optimize the business environment, serve local economic development well, let the majority of import and export enterprises fully understand the prohibition and restriction management system and laws and regulations, improve the standardization level of enterprise declaration, improve customs clearance efficiency, and reduce customs clearance. Time, the supervision documents in the regulations on the prohibition and restriction of import and export goods are sorted out as follows:
A customs import and export link needsauditedWhat are the regulatory documents
01 Definition of regulatory documents
Generally, it refers to the classification marks of various licenses that the customs conducts actual supervision of import and export goods in accordance with the provisions of the foreign trade management system.
02Relevant laws and regulations document basis
1. Administrative Law
Administrative law refers to the general term for normative documents formulated by the National People's Congress or its Standing Committee, the highest organ of state power, and promulgated by the President of the State.The current administrative laws related to trade control in my country mainly include:
'Foreign Trade Law of the People's Republic of China';
'Customs Law of the People's Republic of China';
'Import and Export Commodity Inspection Law of the People's Republic of China';
Law of the People's Republic of China on Entry and Exit Animal and Plant Quarantine;
'Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste';
'The Frontier Health and Quarantine Law of the People's Republic of China';
The Wildlife Protection Law of the People's Republic of China;
'The Drug Administration Law of the People's Republic of China';
'The Law of the People's Republic of China on the Protection of Cultural Relics';
Food Sanitation Law of the People's Republic of China
The Export Control Law of the People's Republic of China, etc.
2. Administrative regulations
Administrative regulations refer to the general term for the basic administrative normative documents formulated by the State Council within the scope of its own functions and powers in order to implement the Constitution and laws.There are many administrative regulations involving trade control, which are formulated and promulgated by the State Council in accordance with the above-mentioned laws and relevant laws of other countries. The representative ones are:
'Regulations of the People's Republic of China on the Administration of Import and Export of Goods';
'Regulations of the People's Republic of China on Import and Export Tariffs';
'Implementation Regulations of the Customs of the People's Republic of China on Administrative Penalties';
'Regulations of the People's Republic of China on Nuclear Export Control';
'Regulations of the People's Republic of China on the Administration of the Export of Military Products';
'Regulations of the People's Republic of China on the Administration of Import and Export of Endangered Wild Animals and Plants';
'Regulations of the People's Republic of China on Export Control of Missiles and Related Items and Technologies';
'Ozone-Depleting Substances Regulations';
Regulations on the Administration of Precursor Chemicals;
Regulations on the Administration of Narcotic Drugs and Psychotropic Substances, etc.
3. Administrative regulations
Administrative regulations are the general term for the normative documents issued by ministries and commissions under the State Council within the scope of their own authority in accordance with laws and administrative regulations, decisions and orders of the State Council, and are less effective than administrative regulations formulated by the State Council.There are many normative documents in the scope of administrative regulations in my country, and the scope is also very wide. At the same time, it is also the most direct and extensive legal basis for the daily administrative law enforcement by the relevant administrative organs of the country, including the customs. .An example is as follows:
'Administrative Measures for Import License of Goods';
'Administrative Measures for Export License of Goods';
'Administrative Measures for Automatic Import Licensing of Goods';
'Measures for the Administration of Import of Solid Waste';
Measures for the Administration of Import and Export Licenses for Dual-Use Items and Technologies;
'Measures for the Administration of Import and Export of Ozone-Depleting Substances';
'Measures for the Administration of Import of Mechanical and Electrical Products';
'Administrative Measures for Import and Export Certificates of Wild Animals and Plants';
'Administrative Measures for the Import and Export of Protein Assimilation Preparations and Peptide Hormones';
Measures for the Administration of Import and Export of Gold and Gold Products, etc.
4. International treaties
An international treaty refers to an international written agreement concluded between states and other subjects of international law that is subject to international law and determines the rights and obligations in their mutual relations.It is also the most common legal form in which the subjects of international law interact with each other.
As each country implements various measures for the management and control of its own import and export trade through domestic legislation, it is necessary to coordinate its position with other countries and determine the relationship of rights and obligations between them in international trade activities, so as to realize their foreign policy and Therefore, international trade treaties and agreements have become an important legal form for countries to establish their positions on international trade relations.
The various international treaties that our country has signed and entered into force have binding force and legal effect on our country's state organs, enterprises, institutions and citizens.Although these treaties do not belong to the scope of our domestic law, in the sense that they have the same binding force as our domestic law, they are also a manifestation of our law and can be regarded as one of our legal sources .
At present, the international treaties that my country has acceded to or concluded concerning trade management mainly include:
Various bilateral or multilateral trade agreements signed by China after my country's accession to the World Trade Organization (WTO);
Kyoto Convention - an international convention on the simplification and harmonization of customs systems;
The International Convention on Endangered Species of Wild Fauna and Flora (CITES);
1987 Montreal Protocol - an international convention on substances that deplete the ozone layer;
The International Convention on Psychotropic Substances, 1971;
The London Guidelines - an international convention on the exchange of information on international trade in chemicals;
The Rotterdam Convention – an international convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade;
Basel Convention - an international convention on the control of transboundary movements of hazardous wastes and their disposal;
The International Textile Trade Agreement;
The Convention Establishing the World Intellectual Property Organization, etc.
03 Customs import and export links need to be verifiedTypes of regulatory documents
In recent years, my country's port management departments have made great efforts to simplify the supervision documents for import and export.At present, the regulatory documents that need to be verified in the import and export process have been reduced from 86 in 2018 to 41, a decrease of 52.3%.As of the end of 2021, a total of 41 kinds of regulatory documents need to be verified in the import and export process. Except for the approval form of audio-visual products (copyright import), the export license of military products, and the certificate issued by the foreign official agency of imported products, the other 38 kinds of documents have not been connected to the Internet. All kinds of supervision certificates can be applied and processed online through 'Single Window', and online verification can be realized (see the table below for details).
serial number | the name of your ID | ID code | Issuing department |
1 | Import License of the People's Republic of China | 1 | Ministry of Commerce |
2 | Export License of the People's Republic of China | 4 | Ministry of Commerce |
3 | Import License for Dual-Use Items and Technologies of the People's Republic of China | 2 | Ministry of Commerce |
4 | Dual-use items and technology export license of the People's Republic of China | 3 | Ministry of Commerce |
5 | People's Republic of China Automatic Import License | 7 | Ministry of Commerce |
6 | People's Republic of China Technology Export License | i | Ministry of Commerce |
7 | Technology Export Contract Registration Certificate | g | Ministry of Commerce |
8 | Foreign aid project task notice | d | Ministry of Commerce |
9 | Civil Explosives Import Approval Form | k | Ministry of Industry and Information Technology |
10 | Civil Explosives Export Approval Form | k | Ministry of Industry and Information Technology |
11 | Certificate of export and exit of human genetic resources materials | V | Ministry of Science and Technology |
12 | Paleontological fossil exit approval document | z | Ministry of Natural Resources |
13 | Environmental Management Release Notice for Import and Export of Toxic Chemicals | X | Ministry of Ecology and Environment |
14 | Imported veterinary drug customs clearance | R | Ministry of Agriculture and Rural Affairs |
15 | Pesticide import and export release notice | S | Ministry of Agriculture and Rural Affairs |
16 | Legal fishing product customs clearance certificate | U | Ministry of Agriculture and Rural Affairs |
17 | Proof of species other than the 'Catalogue of Imported and Exported Wild Fauna and Flora' | E/F | National Endangerment Management Office |
18 | Certificate of Import and Export Allowance under the Convention on International Trade in Endangered Species of Wild Fauna and Flora | E/F | National Endangerment Management Office |
19 | Certificate of Permitting Import and Export of Wild Animals and Plants of the People's Republic of China | E/F | National Endangerment Management Office |
20 | The bank's transfer of RMB cash in and out of the country | m | The People's Bank |
21 | Gold and Gold Products Import and Export Licence | J | The People's Bank |
22 | Imported radio, film and television program tape (film) extraction list | b | SARFT |
23 | Audio and video products (finished products) import approval form | f | Press and Publication Administration |
24 | Audio-visual Products (Copyright Import) Approval Form | n | Press and Publication Administration |
25 | Import record certificate for processing optical discs abroad | Z | Press and Publication Administration |
26 | Drug Import Permit | L | Food and Drug Administration |
27 | Drug Export License | L | Food and Drug Administration |
28 | Import Drug Clearance Form | Q | Food and Drug Administration |
29 | Import and export license for narcotic drugs (including import and export license for psychotropic substances, import and export license for narcotic drugs) | I | Food and Drug Administration |
30 | Military export license | National Defense Science and Industry Bureau | |
31 | Agricultural GMO Safety Certificate | Ministry of Agriculture and Rural Affairs | |
32 | Approval Form for Quarantine of Introduced Agricultural Seedlings | Ministry of Agriculture and Rural Affairs | |
Introduced seeds and seedlings quarantine approval form | State Forestry and Grassland Administration | ||
33 | Imported non-special use cosmetic record certificate | State Drug Administration | |
34 | Sanitary License for Imported Special Purpose Cosmetics | State Drug Administration | |
35 | Special Medical Purpose Formula Food Registration Certificate | State Administration for Market Regulation | |
36 | Health food registration certificate or health food filing certificate | State Administration for Market Regulation | |
37 | Infant formula milk powder registration certificate | State Administration for Market Regulation | |
38 | Imported medical device record/registration certificate | State Drug Administration | |
39 | Special equipment manufacturing license and type test certificate | State Administration for Market Regulation | |
40 | Compulsory product certification or supporting documents | State Administration for Market Regulation | |
41 | Certificates issued by foreign official institutions for imported products (animal quarantine certificate, phytosanitary certificate, veterinary health certificate, fumigation certificate, inspection certificate, certificate of origin, radioactive test certificate and certificate of origin issued by Japanese official institutions) | Exporting countries (regions) governments and institutions |
2. Customs supervision of import and export linksDocument applicationWhat are the reporting requirements
01 Requirements for online verification
Online verification of import and export supervision documents refers to the direct online exchange of information on import and export goods supervision documents between the customs and the Ministry of Commerce, the Ministry of Ecology and Environment and other competent authorities: for example, the Ministry of Commerce authorizes the issuing authority to issue import and export licenses, and at the same time transmit the electronic data of the licenses. To the General Administration of Customs, when importing and exporting goods are cleared through customs, the customs will conduct comparison and verification in the customs clearance process, and go through relevant procedures as required.
In order to ensure the smooth customs declaration procedures of goods, the declaration unit or applicant may apply to switch to paper customs declaration operations due to the needs of the customs and relevant competent departments for review, computer system failure, and the needs of other management departments.For licenses that have not undergone online verification due to special circumstances such as confidentiality needs, they will still be implemented in accordance with the current management regulations. The customs should verify the paper licenses and go through customs formalities.
02 Fill in the requirements
There are two regulations on the filling of supervision documents in the Customs Declaration Form for Import and Export of Goods:
Article 16. License number
Fill in the import and export license, dual-use item and technology import and export license, dual-use item and technology export license (directional), temporary textile export license, export license (processing trade), export license (border small trade) number.
Only one license number is allowed to be filled in a customs declaration.
Article 31. Attached documents and serial numbers
Select and fill in other import and export licenses other than the licenses specified in Article 16 of this specification, and the codes and numbers of the accompanying documents according to the 'Code Table of Supervision Documents' and 'Code Table of Accompanying Documents' stipulated by the customs.
This column is divided into two columns: the attached document code and the attached document number. The code column is filled with the corresponding document code according to the 'Supervision Document Code Table' and 'Attached Document Code Table' stipulated by the customs; Fill in the certificate number in the serial number column.
Taking the licenses with the top three license-related commodities in the Dalian customs area as an example, the 'Automatic Import License' should be filled in in the 'Attached Documents' column of the customs declaration form, and the corresponding supervision certificate code (7, O) should be filled in the code column. , v), fill in the automatic import license number in the serial number column; the 'Customs Clearance Certificate for Legally Fished Products' also needs to be filled in the customs declaration 'accompanying documents' column, the code is 'U', and the serial number column fills in the corresponding serial number ; 'Export License' should be filled in the 'License No.' column of the customs declaration form. Only one license number is allowed to be filled in a customs declaration form.
三 Enterprise Notice
Here, we remind the vast number of import and export enterprises that the customs can automatically compare and verify the supervision documents that have achieved online verification during the customs clearance process. Import and export enterprises fully understand the prohibition and restriction management system and laws and regulations. Complying with and implementing this will effectively improve the normative level of customs declaration form filling, improve the accuracy of online verification and automatic comparison, thereby further speeding up customs clearance.。
