Set Anti-Smuggling, Guangdong Province

Original Language Title:  广东省反走私综合治理工作规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201007/20100700257707.shtml

 Set anti-smuggling, Guangdong Province

    (January 22, 2010 Guangdong provincial people's Government Executive meeting of the 11th session of the 48th on February 24, 2010, people's Government of Guangdong Province, the 144th announced as of May 1, 2010) Chapter I General provisions

    First in order to regulate and coordinate comprehensive anti-smuggling work, preventing and combating smuggling, according to relevant laws and regulations, combined with the facts of the province, these provisions are formulated.

    Provisions of this article applicable to comprehensive anti-smuggling work carried out within the administrative area of the province.

    Third anti-smuggling, government leadership, departments do their responsibilities, co-ordination of enterprise autonomy and participate actively in the work of the masses.

    Last work of the people's Governments at various levels shall strengthen the anti-smuggling organization, guidance, coordination, supervision and inspection work, establish and improve the accountability system for comprehensive anti-smuggling.

    Article departments of people's Governments at all levels and shall cooperate with the customs in accordance with the People's Republic of China Customs law carry out anti-smuggling duties.

    Sixth provincial Office for combating smuggling, the people's Governments shall strengthen the city and County (district) Government institutions against the smuggling business guidance.

    Institutions against the smuggling, the people's Governments above the county level shall perform the following duties:

    (A) the implementation of comprehensive control of anti-smuggling laws, regulations, rules and policies;

    (B) instruction and supervision to town (Street), the village (neighborhood) committees anti-smuggling efforts, implementation of the accountability system for grass-roots anti-smuggling;

    (C) organizing, directing joint operations against smuggling, and special operations, organization of non-customs anti-smuggling patrol in key areas supervisory, joint supervision, investigate and penalize smuggling case trans-regional, trans-sector;

    (D) anti-smuggling organization information; research, collection and analysis of intelligence information on illegal and will report thereon to the people's Governments at the corresponding level and inform the relevant government units;

    (E) hosted the people's Governments at the corresponding level and superior anti-smuggling, other matters assigned by the institution.

    Township people's Governments and neighborhood offices responsible for the administration of comprehensive control of anti-smuggling work shall, in determining the institution responsible for anti-smuggling efforts, staffed with full-time or part-time staff.

    Seventh article of economy and information technology, public security, environmental protection, transportation, foreign trade, Commerce and industry, marine fisheries, the quality and technical supervision, control and other departments and province, Hong Kong and Macao fishermen work institutions, according to their respective areas of responsibility, do a comprehensive anti-smuggling work.

    Article eighth villagers ' committees and residents ' Committee under the guidance of the local people's Government, support and cooperate with the anti-smuggling efforts.

    Nineth anti-smuggling, the people's Governments at all levels required for special funding added to the level of the budget, earmarks.

    Chapter II comprehensive treatment Tenth comprehensive anti-smuggling work included in the comprehensive management of social security check, and based on the assessment results of reward and punishment system.

    Specific work by the Office for combating smuggling, the people's Governments above the county level are responsible for.

    11th people's Governments and their departments at various levels shall organize and coordinate the relevant government units establish scientific classification of import and export enterprises of honest and law-abiding, dynamic and effective management system, improve import and export enterprise credit system, and direct import and export enterprises to strengthen industry self-regulation.

    12th people's Governments at various levels shall establish a comprehensive anti-smuggling monitoring mechanism on early warning, analysis and early warning of smuggling trends, guide units to carry out preventive work.

    13th people's Governments at various levels shall organize anti-smuggling, the emergency response system, establishment of emergency response mechanisms, develop plans, prepare work.

    Anti-smuggling, the people's Governments above the county level emergency plan, submitted to the provincial Office for combating smuggling, the people's Government for the record.

    14th people's Governments at various levels should carry out comprehensive anti-smuggling publicity and education, and relevant State bodies, enterprises, institutions and other organizations should support and cooperate with us. 15th to encourage citizens, legal persons and other organizations to report smuggling activities.

    Information granting confidentiality for whistle-blowers, and rewards in accordance with the relevant provisions.

    16th against smuggling, the people's Governments above the county level bodies can establish a comprehensive anti-smuggling systems, employment of NPC deputies and CPPCC members, experts and academics to monitor anti-smuggling unit.

    17th people's Governments at all levels should make full use of the anti-smuggling video surveillance technology, such as facilities and equipment, strengthening anti-smuggling business training, improve the working capacity of preventing and combating smuggling.

    18th the public security organ shall investigate and deal with customs control areas outside the guns, drugs and other non-tax-related smuggling cases with brilliant, industrial and commercial departments for combating smuggling, customs duties.

    19th environmental protection, economy and information technology, business, and other relevant departments should strengthen supervision and inspection of imported solid waste processing activities, implementation of the processing and utilization of imported solid waste system and reporting system of environmental pollution.

    Environmental protection administration departments should strengthen the authorities uncovered the smuggling of the waste disposal process supervision, established smuggling waste disposal system.

    20th transportation, marine fisheries sector and province, Hong Kong and Macao fishermen work institution, shall, within their respective areas of competence, support and cooperation to carry out comprehensive anti-smuggling work, strengthen the management of all types of transport, the prevention and combating of smuggling of various means of transport.

    21st economic and information technology, public security, environmental protection, transportation, Commerce, and other relevant departments shall carry out anti-smuggling, commodity circulation, to investigate and punish without violations of the legitimate source of imported goods, the goods, the law against smuggling of oil products, automobiles and spare parts, electronic products, chemical raw materials, frozen products, clothes and cigarettes, liquor and other goods distribution center and business location.

    Chapter III joint

    22nd against smuggling, the people's Governments above the county level bodies should hold regular joint meeting of the anti-smuggling, summarize the anti-smuggling, a stage, analysis of smuggling trends, study the deployment of anti-smuggling measures, and coordinate comprehensive anti-smuggling work-related issues.

    Article 23rd institutions against the smuggling, the people's Governments above the county level shall organize and coordinate related administrative law enforcement departments in the area, conducting joint operations against smuggling, and special operations.

    24th people's Governments above the county level shall strengthen anti-smuggling cooperation, strengthen the exchange of intelligence and information-sharing.

    Provincial people's Government should be strengthened with the adjacent provinces and autonomous region people's Government as well as Hong Kong, Macau S.A.R. Government exchanges and cooperation in anti-smuggling efforts.

    25th anti-smuggling, the people's Governments above the county level bodies anti-smuggling supervision mechanism should be established, customs, public security and industry and Commerce Department mounted a joint inspection of smuggling, purchases private, bootlegging case.

    26th coastal County based on grass-roots anti-smuggling patrol mechanisms need to be established, can set up patrols in key areas supervisory professional team to assist with customs, public security and industrial and commercial sectors, strengthening the Customs anti-smuggling of non-inspections in key areas.

    The fourth chapter coordination 27th all administrative law enforcement seized suspected of smuggling cases Customs jurisdiction according to law shall be transferred in accordance with the relevant provisions of the State Department. Of objection to jurisdiction, by the prefecture-level city government institutions against the smuggling deal.

    Unable to agree, by the opposition parties submitted to common administrative organ at a higher level to handle.

    28th transferred suspected of smuggling cases Customs processing, and transferred to the Department should be informed institutions against the smuggling, the people's Governments at the same level.

    29th article customs investigated on suspicion of smuggling cases need to be referred to the local authorities of the cargo, the goods, by coordination for combating smuggling, the people's Governments above the county level in the local bodies.

    30th article the administrative law enforcement sector in non-customs regulatory district seized site no all of should tax should card imports goods, and items and transport tool, by seriously survey failed to identified all, and failed to made goods suspected smuggling entry evidence of, should notification goods store places of management personnel or other witnesses scene, listed items listing, by participation processing of personnel and other witnesses in items listing Shang signed, and referred to the local to level above city government anti-smuggling comprehensive institutions coordination processing. Local people's Governments at the municipal level comprehensive anti-smuggling agencies claim notice should be issued for a period of six months.

    Owners of legal proof to claim during the notice period, shall be returned without delay; expiry of notice period unclaimed, financial departments of the surrender shall be handled and the moneys deposited on account, and subject of Audit Department of audit and supervision of the provincial Office for combating smuggling, the people's Government.

    The following items may, in accordance with the provisions dealing, deposit proceeds from special financial account:

    (A) the dangerous goods;

    (B) fresh, perishable items or failure;

    (C) depreciation;

    (D) other items not suitable for long-term preservation.

    Article 31st of the customs control zone of non-tax-related seizures of smuggled goods, in accordance with the relevant provisions of national and provincial.

    The fifth chapter legal liability

    Article 32nd in the field of commodities without legitimate sources of imported cargo, the goods, illegal gains by the Administrative Department for industry and Commerce 1 time more than 3 times the following fines shall not exceed a maximum of 30000 Yuan.

    For profit-making purposes, for distribution without lawful sources of imported goods and articles providing warehousing, transport and other facilities, illegal gains by the Administrative Department for industry and Commerce 1 time more than 3 times the following fines shall not exceed a maximum of 20000 Yuan.

    33rd under any of the following circumstances, people's Governments and their departments at all levels should take timely measures to rectify the serious cases to the direct responsible person in charge and other direct liable persons shall be given sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:
(A) serious smuggling activities within their respective administrative areas, serious and extremely serious smuggling case, a bad influence;

    (B) failure to pass a comprehensive anti-smuggling work responsibility;

    (C) fails to properly handle violently resist smuggling nor stop smuggling incidents such as;

    (D) reporting information leaked;

    (E) other acts of deception, abuse of power, dereliction of duty or engages in.

    The sixth chapter supplementary articles

    34th article of the rules say there is no legal source of imported goods, the goods, is alleged to have failed to provide import procedures, legal distribution unit of invoices or legitimate administrative punishment decision letter and other legitimate sources of imported goods and articles. 35th article of the regulations come into effect on May 1, 2010.