关于大型高新技术企业适用便捷通关措施的审批规定 Provisions Concerning Approval of Application of Speedy Customs Formalities

海关总署、对外贸易经济合作部令第86号
颁布日期：20010720 　实施日期：20010720 　颁布单位：海关总署、 对外贸易经济合作部

　　Decree of the General Administration of Customs and the Ministry of Foreign Trade and Economic Cooperation [2001] No.86

　　Provisions Concerning Approval of Application of Speedy Customs Formalities by Large-scale High-tech Companies is now promulgated and shall enter into force as of the date of promulgation.

　　Officer of the General Administration of Customs: Mou Xinsheng

　　Minister of the Ministry of Foreign Trade and Economic Cooperation: Shi Guangsheng

　　July 20, 2001

　　Provisions Concerning Approval of Application of Speedy Customs Formalities by Large-scale High-tech Companies

　　Article 1 According to Article 1 and Article 5 of the Circular of the General Administration of Customs and the Ministry of Foreign Trade and Economic Cooperation Concerning Supporting the Development of High-tech Companies (ShuTingFa [2001] No.279, hereinafter referred to as the Circular), large-scale high-tech companies shall go through the following proceedings for application, record and approval of speedy customs formalities.

　　Article 2 The companies meeting the following fundamental requirements may apply for one or several items of the speedy customs formalities prescribed by the Circular.

　　(1) Law-abiding, creditworthy, with standardized and strict internal management, with no record of smuggling and violation of rules, with sufficient assets or capital to provide general guarantee for economic liabilities for application of speedy customs formalities;

　　(2) With independent legal personality, engaged in high-techs, with products listed in the Catalogue of China's High-tech Export Products made by the Ministry of Science and Technology, the Ministry of Foreign Trade and Economic Cooperation, the Ministry of Finance, the State Administration of Taxation and the General Administration of Customs(to be dispatched separately);

　　(3) With operation right of import and export and customs registration;

　　(4) With annual export volume (including processing trade carried forward) exceeding $100 million;

　　Article 3 The companies shall go through the formalities of application for record according to the following proceedings:

　　(1) Fill out the Form of Record and Approval of Application of Speedy Customs Formalities (The format, see Attachment 1, hereinafter referred to as the Form of Record and Approval) in quintuplication, and have the forms stamped and signed by the companies' legal representatives or the deputies authorized by legal representatives.

　　(2) Apply for ratification of the application to the Commission (Department, Bureau) of Foreign Trade and Economic Cooperation of the provinces, autonomous regions, municipalities directly under the Central Government, or municipalities separately listed on the State plan where the companies are located; the Commission (Department, Bureau) of Foreign Trade and Economic Cooperation responsible for ratification of the application shall accomplish the tasks within 10 working days, and shall seal the corresponding columns of the quintuplicate Form of Record and Approval.

　　(3) When the companies apply to the customs in charge for ratification of the application of speedy customs formalities, the customs in charge shall accomplish the tasks within 10 working days, and shall seal the corresponding columns of the quintuplicate Form of Record and Approval. One copy of the Form of Record and Approval with the seal of the Commission (Department, Bureau) of Foreign Trade and Economy and the seal of the Customs in Charge shall be given to the company, 2 copies shall respectively be filed to the General Administration of Customs and the Ministry of Foreign Trade and Economic Cooperation, while another 2 copies shall be put on record respectively by the Commission (Department, Bureau

) of Foreign Trade and Economic Cooperation and the customs in charge.

　　(4) A Letter of Guarantee for Liabilities of Application of Speedy Customs Formalities (The format, see Attachment 2, hereinafter referred to as the Letter of Guarantee for Liabilities.) shall be signed between the customs in charge and the companies. The Uniform format and the major contents of The Letters of Guarantee for Liabilities shall be prescribed by the General Administration of Customs; detailed prescriptions of the Forms shall be supplemented according to the particular requirements of the customs' supervision and the companies' operation. The Letter of Guarantee for Liabilities shall be quintuplicate. Each responsible party shall keep one copy, another two copies shall be filed for record to the General Administration of Customs and the Ministry of Foreign Trade and Economic Cooperation, the other one copy shall be kept for record.

　　(5) The customs in charge shall file to the General Administration of Customs and the Ministry of Foreign Trade and Economic Cooperation the Form of Record and Approval stamped by the Commission (Department, Bureau) of Foreign Trade and Economic Cooperation and by the customs in charge, along with a copy of the Letter of Guarantee for Liabilities signed by three responsible parties. If the General Administration of Customs or the Ministry of Foreign Trade and Economic Cooperation dissent from the Form of Record and Approval and the Letter of Guarantee for Liabilities, they shall ask the customs in charge to defer carrying out them or recall the Form of Record and Approval, or modify the Letter of Guarantee for Liabilities within 10 days after the receipt of the Form of Record and Approval and the Letter of Guarantee for Liabilities. If there is no dissent concerning the Forms and Letter, they shall become valid after the time limit of 10 days.

　　For efficiency, the above formalities for record may be conducted through China Electronic Port System between the companies and various examining and approving departments, and among the various sections of the examining and approving departments. Going through the formalities for record shall be free of charge.

　　Article 4 Upon the effective date of the Form of Record and Approval and the Letter of Guarantee for Liabilities, the relevant responsible sections of the General Administration of Customs are entitled to change the company's corresponding customs clearance parameters according to the detailed requirements of speedy customs formalities applied by the companies and the particular provisions of the Letter of Guarantee for Liabilities. The companies may directly go through the speedy customs formalities in accordance with the detailed requirements of speedy customs formalities and the particular provisions of the Letter of Guarantee for Liabilities.

　　The companies shall report in time to the customs in charge and the Commission (Department, Bureau) of Foreign Trade and Economic Cooperation in charge, when great changes influential to the contents of the Form of Record and Approval and the Letter of Guarantee for Liabilities take place.

　　Article 5 The Form of Record and Approval and the Letter of Guarantee for Liabilities shall be valid for long duration before they are terminated or recalled by the customs, or the departments of foreign trade and economy, or the companies. The modification, termination and renewal of validity of the Form of Record and Approval and the Letter of Guarantee for Liabilities shall be made in accordance with the proceedings prescribed in the third article of this Regulation.

　　Article 6 The original approving customs in charge together with the Commission (Department, Bureau) of Foreign Trade and Economic Cooperation in charge are entitled to recall the companies' qualification of application of speedy customs formalities. The decisions made by the customs in charge together with

the Commission (Department, Bureau) of Foreign Trade and Economic Cooperation in charge about recalling the companies' qualification of application of speedy customs formalities shall respectively be filed to the General Administration of Customs and the Ministry of Foreign Trade and Economic Cooperation by the customs in charge. The General Administration of Customs shall be responsible for the change of the companies' corresponding customs clearance parameters; the relevant Form of Record and Approval and the Letter of Guarantee for Liabilities shall be invalid accordingly. The companies shall go through the proceedings for record once again according to the third article of this Regulation.

　　Article 7 The companies going through speedy customs formalities shall apply the credit management by the customs; the imported and exported goods shall be permitted to go through the customs mainly in accordance with the companies' customs declaration. The customs shall not make any spot opening-up examination under usual circumstances; customs at the places of import and export shall not voluntarily go to the companies to examine them either. To ensure that the companies obtain favor from speedy customs formalities, the customs at various places shall institute special approving proceedings. Formalities of application for approval shall be gone through according to the approval proceedings for any necessary spot opening-up examination to the imported and exported goods of the companies entitled to application of speedy customs formalities. The customs in charge shall ascertain that the relevant sections of the customs or the relevant affiliated customs are responsible for the comprehensive management of the companies entitled to application of speedy customs formalities. The responsible sections in charge and the responsible affiliated

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