Regulations of Shenzhen Special Economic Zone on Comprehensive Control of Anti-smuggling
Regulations of Shenzhen Special Economic Zone on Comprehensive Control of Anti-smuggling
On January 20, 2006, the fourth meeting of the Standing Committee of the Fourth Shenzhen Municipal People’s Congress passed the first amendment according to the Decision of the 15th meeting of the Standing Committee of the Fifth Shenzhen Municipal People’s Congress on April 27, 2012 on Amending the Regulations on Comprehensive Anti-smuggling in Shenzhen Special Economic Zone, and the 36th meeting of the Standing Committee of the Sixth Shenzhen Municipal People’s Congress on October 31, 2019 on Amending the Regulations on Human Organ Donation and Transplantation in Shenzhen Special Economic Zone.
Catalogue
Chapter I General Principles
Chapter II Duties and Responsibilities
Chapter III Precaution
Chapter iv investigation
Chapter V Handling
Chapter VI Reward and Punishment
Chapter VII Supplementary Provisions
Chapter I General Principles
Article 1 In order to effectively prevent and crack down on smuggling and maintain the order of socialist market economy, these Regulations are formulated in accordance with the Customs Law of People’s Republic of China (PRC) and the basic principles of relevant laws and administrative regulations, combined with the reality of Shenzhen Special Economic Zone.
Article 2 Anti-smuggling work adheres to the principle of combining crackdown with prevention and giving priority to prevention; Follow the principles of joint anti-smuggling, unified handling and comprehensive management.
Article 3 Customs, public security, frontier defense and market supervision departments shall perform their anti-smuggling duties according to law, and other state organs shall provide support and cooperation.
Article 4 The municipal and district people’s governments shall, in accordance with these regulations and the relevant provisions of the state, carry out comprehensive anti-smuggling management.
City and district anti-smuggling comprehensive management institutions (hereinafter referred to as comprehensive management institutions) are specifically responsible for the organization, guidance, coordination, supervision and inspection of comprehensive anti-smuggling management.
City comprehensive management agencies to conduct business guidance and supervision of the work of district comprehensive management agencies.
Article 5 The funds needed for the comprehensive control of anti-smuggling shall be included in the financial budget by the municipal and district people’s governments and guaranteed.
The special funds allocated by the state and the province for the comprehensive control of anti-smuggling shall be earmarked for special purposes and shall not be used for other purposes.
Chapter II Duties and Responsibilities
Article 6 The Customs is the national supervision and administration organ for entry and exit of customs territory, and independently performs the duties of smuggling investigation according to law.
The municipal and district people’s governments and their departments shall support the customs in exercising their functions and powers according to law and shall not interfere with the customs’ law enforcement activities.
Article 7 Public security organs shall perform the following duties:
(1) Investigating and handling non-tax-related smuggling crimes outside the customs supervision area according to law;
(2) Stop smuggling activities outside the customs supervision area in time and handle them according to the division of labor under the jurisdiction of the case;
(3) When encountering resistance in the performance of anti-smuggling duties by customs, frontier defense, market supervision and other departments, assisting them and handling them according to law;
(four) other duties as prescribed by laws and regulations.
The public security frontier defense department shall perform the duties of anti-smuggling work in accordance with the relevant provisions of the state.
Article 8 The market supervision department shall perform the following duties:
(a) to investigate and deal with the behavior of importing goods and articles without legal sources outside the customs supervision area;
(two) to cooperate with the relevant functional departments to investigate and deal with suspected smuggling in import and export enterprises and special industries;
(three) other duties as prescribed by laws and regulations.
Ninth comprehensive management institutions shall perform the following duties:
(1) Organizing the publicity of laws, regulations, guidelines and policies related to anti-smuggling;
(two) to formulate the comprehensive anti-smuggling control work plan, and organize the implementation after the approval of the people’s government at the same level;
(3) Organizing, guiding and coordinating relevant units to carry out the work of preventing smuggling;
(four) to organize and coordinate the relevant functional departments to carry out joint operations and special operations of comprehensive anti-smuggling management, coordinate and supervise the investigation of major and complex smuggling cases;
(five) to coordinate the relevant functional departments to deal with emergencies such as resisting and obstructing the investigation of smuggling;
(six) to supervise, inspect and assess the comprehensive anti-smuggling work of the relevant units;
(seven) to coordinate and deal with the relevant matters that need the cooperation of local departments in the customs investigation of smuggling;
(eight) to organize and carry out comprehensive anti-smuggling cooperation with the surrounding areas;
(nine) other duties as prescribed by laws and regulations.
Article 10 The relevant departments or units of industry and information technology, culture, radio, film, television, tourism and sports, marine fisheries, taxation, tobacco monopoly, liquor management, finance, etc. shall promptly notify the customs or comprehensive management agencies when they discover smuggling clues when performing their duties.
Chapter III Precaution
Eleventh comprehensive anti-smuggling management to implement the responsibility system. The relevant functional departments or units to carry out comprehensive anti-smuggling work should be included in the scope of performance appraisal.
The specific measures for the responsibility system for the comprehensive management of anti-smuggling shall be formulated separately by the Municipal People’s Government.
Article 12 The municipal comprehensive management institution shall regularly publish reports on the comprehensive management of anti-smuggling, summarize the comprehensive management of anti-smuggling in the whole city, analyze the characteristics and laws of smuggling activities, and put forward specific measures to prevent smuggling.
Article 13 The municipal comprehensive management organization shall guide the trade associations of import and export enterprises to establish an anti-smuggling credit system, and coordinate relevant departments to classify and manage import and export enterprises according to their credit ratings.
Fourteenth the establishment of anti smuggling monitoring and early warning mechanism, by the city comprehensive management agencies to coordinate the relevant departments, analysis and prediction of smuggling trends, to guide the relevant units to carry out preventive work.
Fifteenth the establishment of anti smuggling emergency response mechanism, by the city comprehensive management agencies to coordinate the relevant departments, formulate emergency response plans, do a good job in emergency preparedness.
Sixteenth comprehensive management institutions should strengthen anti-smuggling publicity and education, and relevant state organs, enterprises and institutions and other organizations should give support and cooperation.
Seventeenth news media should, according to the needs, strengthen the publicity and reporting of comprehensive anti-smuggling control.
Chapter iv investigation
Article 18 A joint meeting system for comprehensive management of anti-smuggling shall be established, and the municipal comprehensive management agency shall convene relevant departments to hold regular meetings to study and deal with the following matters:
(a) analysis of smuggling dynamics and situation;
(two) put forward specific measures for comprehensive management of anti-smuggling;
(3) Deploying joint actions and special actions for comprehensive anti-smuggling management;
(four) other matters that need to be coordinated.
Article 19 An anti-smuggling information exchange and processing mechanism shall be established, and the municipal comprehensive management agency shall coordinate with relevant departments such as customs, public security, frontier defense and market supervision to exchange information and realize information sharing.
Article 20 Comprehensive management institutions shall organize and coordinate relevant departments to carry out special treatment on areas with high smuggling incidence, key smuggling channels and smuggled hot commodities.
Twenty-first key areas shall, according to the needs, establish a grass-roots anti-smuggling inspection mechanism, organize patrol teams, and cooperate with relevant departments to strengthen comprehensive anti-smuggling management.
Specific measures for grassroots anti-smuggling inspections shall be formulated separately by the municipal comprehensive management agency.
Twenty-second to establish an incentive mechanism for anti-smuggling intelligence information, the relevant departments should strengthen the collection of intelligence information, timely handle the obtained intelligence information, and reward the intelligence information providers in accordance with relevant regulations.
The specific measures for the reward shall be formulated separately by the municipal comprehensive management institution in conjunction with the relevant departments.
Chapter V Handling
Article 23 When performing the duties of anti-smuggling work, the market supervision department may exercise the following functions and powers:
(a) ask the relevant parties;
(2) consulting and copying the contracts, invoices, account books and other materials related to the operation of imported goods and articles without legal sources;
(3) Conducting on-site inspection on the places where the parties are suspected of dealing in imported goods and articles without legal sources.
Twenty-fourth smuggling cases under the jurisdiction of the customs according to law, the relevant departments shall, in accordance with the relevant provisions of the state, transfer them to the customs anti-smuggling department for handling.
In case of smuggling cases with jurisdiction disputes or unclear jurisdiction, the relevant departments shall promptly submit them to the municipal comprehensive management agency for coordination and handling.
Twenty-fifth relevant functional departments in the process of law enforcement, seized suspected smuggled goods and articles, but the owner and the illegal facts of smuggling can not be ascertained, it shall hand over the goods and articles to the municipal comprehensive management agency; City comprehensive management institutions shall issue a claim announcement for a period of sixty days. If the announcement expires unclaimed, it shall be transferred to the municipal finance department for handling in accordance with relevant regulations. The specific measures shall be formulated separately by the municipal comprehensive management institution in conjunction with the relevant functional departments.
If the dangerous goods in the goods and articles mentioned in the preceding paragraph are fresh, perishable and ineffective, etc., which should not be preserved for a long time, the relevant departments shall hand them over to the municipal finance department within 24 hours after being seized, and the municipal finance department shall handle them in time in accordance with relevant regulations, and the proceeds shall be deposited into the account designated by the municipal finance department; If the announcement expires unclaimed, it shall be turned over to the state treasury.
Article 26 The means of transport specially or repeatedly used for smuggling shall be handled by the customs according to law; Other means of transport used for smuggling shall be registered and put on record by the municipal comprehensive management agency, and it is suggested that the relevant departments deal with it according to law.
For the means of transport used for smuggling that need to be destroyed centrally, the municipal comprehensive management organization shall organize relevant departments to destroy them in accordance with relevant regulations.
Article 27. Anyone who deals in imported goods and articles without legal sources outside the customs supervision area shall be confiscated by the market supervision department and be fined the same amount as the value of the goods and articles. Where laws and regulations provide otherwise, such provisions shall prevail. If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VI Reward and Punishment
Twenty-eighth units and individuals that meet one of the following conditions shall be commended and rewarded by the municipal and district people’s governments:
(a) the implementation of the comprehensive anti-smuggling management responsibility system, with remarkable achievements;
(2) Having made outstanding contributions in investigating and handling major and extraordinarily serious smuggling cases;
(3) Actively assisting in the seizure of smuggling cases and making outstanding contributions;
(four) investigate and deal with reactionary, obscene, intellectual property infringement and other smuggled goods and articles, a large number;
(5) The research results or rationalization proposals of comprehensive anti-smuggling management have been adopted and achieved remarkable results;
(6) Having made other outstanding contributions to the anti-smuggling work.
The specific measures for recognition and reward shall be formulated separately by the municipal comprehensive management organization and implemented after being approved by the Municipal People’s government.
Twenty-ninth relevant units in any of the following circumstances, the comprehensive management agency shall order rectification, and shall be informed:
(1) Failing to effectively implement the responsibility system for comprehensive management of anti-smuggling, resulting in serious smuggling activities in the region and its jurisdiction or having a bad influence;
(2) Failing to properly handle emergencies such as violent resistance to anti-smuggling or obstruction of anti-smuggling in accordance with the emergency response plan;
(3) Failing to effectively perform other duties as stipulated in these Regulations.
Article 30 If the relevant departments fail to perform their duties in accordance with the provisions of these Regulations, if the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be punished by the unit to which they belong or the supervisory organ shall give administrative sanctions to the directly responsible person in charge and other directly responsible personnel according to law.
If the staff of the relevant departments abuse their powers, neglect their duties or engage in malpractices for selfish ends, the unit to which they belong shall be punished according to law or the supervisory organ shall give administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VII Supplementary Provisions
Article 31 The term "imported goods and articles without legal sources" as mentioned in these Regulations refers to imported goods and articles that cannot provide proof of legal sources such as import procedures, invoices from legal distribution units or legal and effective administrative punishment decisions within ten working days from the date of investigation.
Article 32 These Regulations shall come into force as of March 1, 2006.