People's Republic Of China Customs And Transportation Energy Import Regulation

Original Language Title: 中华人民共和国海关管道运输进口能源监管办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201203/20120300362011.shtml

People's Republic of China Customs and transportation energy import regulation

    (October 24, 2011, the General Administration of Customs announced order No. 204, come into force on December 1, 2011) first in order to standardize customs supervision of pipeline transportation of imported energy, according to the People's Republic of China Customs law (hereinafter referred to as the Customs Act) stipulates that these measures are formulated.

    Territory of the second cross-border pipelines imported energy pipeline metering station (hereinafter referred to as the metering station) is the customs supervision areas shall be in accordance with the People's Republic of China Customs supervising and management of places subject to customs control.

    Third tubes business unit of measurement shall be in accordance with the relevant provisions of the State management, pipeline transportation of measurement data, transfer electronic energy measurement data, and shall be declared to the customs, go through the relevant formalities.

Fourth pipeline operation units of measurement shall be in accordance with this regulation to the station is located directly under Customs to submit the following materials, filing procedures, submit photocopies, should produce original for customs inspection:

(A) the piping business unit registration form (see annex);

(B) the business license;

(C) corporate organization code certificate;

(D) other material required by the customs.

Does not have legal personality, but pipelines mandated by the corporate business unit delegation instruments should also be submitted to legal persons.

    Pipeline entrusts an agent to handle formalities of operating unit, the agent shall submit to the Customs the pipeline operating units of a power of Attorney issued by.

Fifth metering stations measuring instruments, equipment, software must conform to the Customs supervising and managing requirement, and by the national competent authorities or authorized by laws and regulations of metrological verification institution verification or calibration.

    Pipeline management unit should be the metering station is located directly under the customs or authorized by customs under the Customs national authority or authorized by laws and regulations issued by the verification agency stated verification or calibration of effective text of conclusions.

Sixth pipeline operation units of measurement shall be in operation before the piping associated with the customs supervision measurement parameters are submitted to the customs.

The metering station is located directly under the customs or customs authorized subordination Customs examination and approval, pipeline measurement parameters can be adjusted as necessary.

    Should the record measurement parameters of the pipeline project separately by the General Administration of Customs announced.

Seventh customs on cross-border pipeline pipeline facilities and metering equipment by bypassing export, flow meters, flow computer units and other key parts of applied seals. Piping business unit imposed by the need to open Customs seals, shall submit a written application to the customs, agreed by the audit, carried out by the Customs officers opened.

Open reason disappear, again seals affixed by the customs. Occur during pipeline operation could affect the national security and public order emergencies, not to process will cause heavy casualties or major property damage, pipelines operating units may be permitted to take emergency measures to deal with, and take appropriate means to report to customs.

Emergency is eliminated, and pipe business unit shall immediately report in writing to the customs of the relevant circumstances.

    Customs metering station facilities are on-site inspections, pipeline management units shall be present and provide necessary assistance.

Eighth pipeline operation units of measurement shall be transferred in accordance with customs metering station of electronic data, and submit to the Customs the corresponding paper measurement and reporting of immigration. Because of computer glitches and other special circumstances cannot be in accordance with the provisions of the Customs electronic data transmission measurement, pipeline shall immediately report the situation to the customs code of the business.

After the approval of the customs, pipeline shall, within the time limit stipulated by the customs code of the business submitted to the Customs metering reports on paper, and in special cases immediately after the Elimination of supplements to the Customs electronic data transmission measurement.

Shall transmit to the Customs electronic data items, paper measurement and reporting of entry data item, separately by the General Administration of Customs announced.

    Customs inspection at the scene according to the measurement data, pipeline management units shall be present and provide necessary assistance.

Nineth pipeline originally imported energy Declaration, before tax and other customs formalities, which belongs to the Customs supervising and managing cargo, without the Customs permission, and may not sell, mortgage, pledge, or other disposition.

    Piping business unit shall report to the Customs before the operation to open the pipeline metering station of water, nitrogen quantity and handling practices, and declared to customs on a regular basis in accordance with customs energy consumption and energy-related, subject to customs control.

    Tenth piping business unit received and transported out pig and other equipment should be in accordance with the related management regulations when the customs formalities of goods temporarily imported or exported, subject to customs control.

11th approved by customs, transportation energy import consignee shall, in a monthly period from 1st to 14th of the Customs regular Declaration last month imported energy, and pay the corresponding taxes.

Pipeline transport the consignees of imported energy longer than the period specified in the preceding paragraph to the customs declaration, Customs shall levy surcharges.

    When the consignee to customs declaration, except in accordance with the requirements to submit import goods declaration form, piping business unit shall be submitted simultaneously to the customs entry certificate issued by measurement report, licenses, and other documents required by the customs.

Article 12th the consignee should be declared to customs on a regular basis to provide effective security.

The approval of the customs, go through the regular Declaration of consignee or in accordance with the People's Republic of China Customs and relevant provisions in the Securities Ordinance, to apply to the Customs transportation total guarantee Declaration of imported energy.

    Pipelines total guarantee Declaration of imported energy and the specific measures formulated by the Customs General Administration separately.

    13th transportation energy imports in accordance with article customs accept the declared date of import applicable tax rates, exchange rate levied taxes.

14th mixed transport of different countries of origin energy, the consignee shall, in accordance with the Declaration of number of time periods in different countries of origin energy imports to the customs declaration.

    Customs examination to determine the origin of the imported energy, can require the consignee to submit documentary evidence of origin, or any other sufficient proof of the origin of energy materials, and certification.

    15th article customs deems it necessary, in accordance with the relevant provisions of the Customs laboratory management energy extraction pipeline transportation of samples for testing, pipeline and business operation entities shall provide the necessary assistance.

    16th due to equipment malfunction, maintenance and other reasons cause the pipeline to normal transport or restart the transport pipeline shall report immediately to the customs code of the business.

    17th pipeline consignees of imported energy and pipeline operation units such as the enterprise, the unit should be properly kept accounting books, accounting documents, customs declaration card, as well as other relevant information, subject to customs inspection.

    18th in violation of these rules constitutes acts of smuggling, in violation of customs regulations or other acts in violation of the Customs Act, by the customs in accordance with the Customs Act and the People's Republic of China implementation of customs administrative punishment Ordinance and other relevant laws and administrative regulations to address constitutes a crime, criminal responsibility shall be investigated according to law.

19th the following terms shall have the meanings herein:

The "energy" refers to modes of transport imported crude oil and natural gas through the pipeline.

"Energy loss" refers to pipeline transportation because of a loss, leak, loss or vent emissions, equipment maintenance, as well as the energy loss due to equipment failure.

    "Energy consumption", refers to the maintenance of pipelines, or as an engine fuel pressure, heating and maintenance of pressure stations, heating stations, metering stations pipeline facilities required, the energy extracted from the pipeline.

    20th interpret this approach by the General Administration of customs. 21st article this way come into force December 1, 2011.
    Annex: piping business unit registration form
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│ 单位 │(中文)                │          │                          │
│      ├────────────┤   简称   ├─────────────┤
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│ 法人 │                        │          │                          │
│      │                        │注册地国别│                          │
│ 代表 │                        │          │                          │
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│联系人│姓名                    │联系方式  │                          │
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│ Registration │-pipeline transport oil import import oil-pipelines-pipeline transportation of natural gas imports and │
│      │                                                                │
│ 类型 │天然气                                                          │
├───┼────────────────────────────────┤
│ │-Business license;-corporate organization code certificate │
│ 提交 │                                                                │
│      │□法人授权书;                                                  │
│ 单证 │                                                                │
│      │□代理备案登记授权委托书;                                      │
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│      │□海关需要的其它文件;                                          │
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│      │本公司保证上述所填各项│    │                                  │
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│      │内容属实,向海关递交的│ 海 │                                  │
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│      │相关文件真实无讹,遵守│ 关 │                                  │
│ 企业 │                      │    │复核意见                          │
│      │海关法规,并承担相应法│ 批 │                                  │
│ 签章 │                      │    ├─────────────────┤              │ │ Legal responsibility.
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│      │  申请单位(公章):  │ 栏 │办理情况                          │
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