Customs Personnel Sanctions

Original Language Title: 海关工作人员处分办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201207/20120700370459.shtml

Customs personnel sanctions

    (March 29, 2012 supervision, human resources and Social Security Department, General Administration of Customs released 24th come into force May 1, 2012) Chapter I General provisions

    First to strict customs and discipline, standardize customs staff to ensure customs and its staff shall carry out their duties, in accordance with the People's Republic of China Customs law and the People's Republic of China Law on administrative supervision, the People's Republic of China Law on civil servants and the punishment of civil servants of administrative organs and other relevant laws, administrative regulations, and these measures are formulated. Article customs staff must strictly abide by the provisions of the Customs staff discipline.

    Customs staff discipline shall bear disciplinary responsibility in accordance with this disciplined approach.

    Customs anti-smuggling police breaking law shall bear disciplinary responsibility, apply the provisions of the police disciplinary regulations; no provision of the police disciplinary regulations, these measures shall apply.

    Laws, administrative regulations and decisions of the State Council and the State Council supervisory organs, the disposition of human resources and Social Security Department of the State Council regulations on punishment otherwise provided by Customs staff, from its provisions.

    Article customs staff discipline shall bear disciplinary responsibility, by appointment and removal or organs in accordance with administrative privileges shall be subject to punishment.

    Customs violations, need to pursue disciplinary responsibility, leaders and persons responsible be disciplined.

    Article fourth of disciplined customs staff, shall, in accordance with the relevant provisions of deferred promotions, reduce or cancel off (police) title.

    Breaking fifth article customs staff suspected of a crime shall be transferred to judicial organs for criminal responsibility shall be investigated according to law.

    Chapter II violations and applicable sanctions

    Article sixth, harbouring or conniving at smuggling, expelled.

    Taught method of evading customs control and expelled.

    Seventh under any of the following acts, consequences, given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) violation of provisions to regulate the turnover boundary transport means, the cargo, the goods, or violation of regulations, reviewing turnover boundary transport means, cargo, goods declarations, declarations and accompanying documents;

    (B) the violation of provisions to regulate the bonded goods;

    (C) the violation of tax;

    (D) violating the provisions of duty-free shops or duty-free goods management.

    Eighth under any of the following acts, given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) conceals, forged, altered, intentionally damaging customs documents, work records, operating procedures, legal instruments, custom professional identification and investigation evidence such as customs information;

    (B) interfere with law enforcement or force illegal handling of handling of competence;

    (C) in violation of regulations on enterprises, units of account books, accounting documents, customs documents, or other relevant information, for inspection of import and export goods.

    Nineth under any of the following acts, given a warning or demerit; if the heavier, given a demerit or demoted in serious cases, dismissal:

    (A) an inspection body, residence or place of others;

    (B) an inspection, sealing or detention turnover boundary transport means, the cargo, the goods, or illegal hold, detention and other measures;

    (C) an establishment or implementation of tax enforcement or tax preservation measures;

    (D) any other acts that violate the provisions of administrative coercive measures.

    Tenth under any of the following acts, consequences, given a warning or demerit; if the heavier, given a demerit or demoted in serious cases, dismissal:

    (A) in violation of provisions of sampling, inspection, testing and inspection services;

    (B) the violation of provisions of customs broker licensing, registration, scoring, examination or procedure such as registration of declaration unit;

    (C) determine or adjust the categories of enterprise management of the contravention;

    (D) any other acts that violate the provisions of the customs procedures.

    11th violation of provisions of article entry, modify, reproduced, transmitted, deleted or provided to others for customs data, adverse consequences, give him a warning, demerit-recording or demerit; plot heavy, demotion or dismissal in serious cases, expelled.

    12th privately, embezzlement, change, damage, loss or violation to sell property by sequestration, detention, seizure, confiscation, demerit-recording or demerit; plot heavy, demotion or dismissal in serious cases, expelled.

    13th under any of the following acts, given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) acceptance may affect the impartiality of official gifts, hospitality and tourism, fitness and entertainment activities;

    (B) interfere and intervene in the work of the contravention of the normal production and operation activities for personal gain;

    (C) the companies invested in of working objects;

    (D) effect on the powers and duties, will I or relatives should pay fees, payments, reimbursement by the work object;

    (E) breach of the customs provisions, shall be ordered to correct is not correct;

    (F) receive property of the job object associated with the exercise of authority;

    (G) the prolonged occupation of objects, vehicles or other items.

    Article 14th loss of Customs seals, security printing, custom business card, card reader, key, adverse consequences, give him a warning, demerit-recording or demerit.

    Article 15th object attitude arrogant, violent, deliberately, causing adverse effects, give him a warning, demerit-recording or demerit.

    16th fabricated or deliberately spreading false information about customs, damage the reputation of the customs, give him a warning, demerit-recording or demerit.

    Chapter by-laws

    Article 17th disciplinary procedures and appeal against the disposition of a complaint, in accordance with the People's Republic of China Law on administrative supervision, the People's Republic of China Law on civil servants and the punishment of civil servants of administrative organs and other relevant laws and regulations apply.

    18th article this way, the term "customs officer", including customs belongs to civil servants and approved in the light of the People's Republic of China Law on civil service management staff.

    19th article this way interpreted by the Ministry of supervision, Ministry of human resources and social security, the General Administration of customs. 20th the measures come into force May 1, 2012.