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 Set Anti-Smuggling, Guangdong Province

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

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Anti-Smuggling Integrated Governance in Broad Orientale Province

(Summit No. 144 of the People's Government Order No. 144 of 24 February 2010 for the period from 1 May 2010)

Chapter I General

In order to regulate and coordinate anti-smuggling integrated governance efforts and to prevent and combat smuggling, this provision is based on relevant national legislation, legislation and regulations.

Article 2 applies to the integrated anti-smuggling governance work carried out within the territorial administration.

Article 3. Combating the smuggling of integrated governance is governed by the Government's unified leadership, sectoral responsibility, business self-regulation and active participation mechanisms.

Article IV. Governments at all levels should strengthen the organization, guidance, coordination, monitoring and inspection of anti-smuggling integrated governance, and establish and improve the accountability of anti-trafficking integrated governance.

Article 5 Governments and their sectors should cooperate with customs in carrying out anti-smuggling duties under the Customs Act of the People's Republic of China.

Article 6

More than the people's Government against the smuggling of integrated governance institutions at the district level performs the following duties:

(i) Follow-up to the laws, regulations, regulations and policies against the smuggling of integrated governance;

(ii) Guidance, supervision of townships ( Street Office), village (LNL) committees in the area of anti-smuggling integrated governance, and implementation of responsibilities for integrated governance at the grass-roots level;

(iii) Organizing, directing joint anti-smuggling governance operations and special actions, organizing anti-smuggler inspections for non-construction-based priority areas, joint supervision, organizing cross-regional and cross-sectoral smuggling cases;

(iv) Develop information on anti-smuggling integrated governance; develop, collect and analyse information on smuggling and report on the situation to the current people's Government and to inform the relevant units;

(v) Other matters to be carried out by the Government of the people at this level and by the superior anti-smuggling integrated governance institutions.

The Government of the communes, the street offices are responsible for the integrated anti-smuggling governance within the present administration, and institutions responsible for combating the smuggling of integrated governance should be identified with dedicated or part-time staff.

Article 7 Economic and informationization, public security, environmental protection, transport, external trade, business, marine fisheries, quality, shores, and mobile fishermen working institutions in the ports of Macao, in accordance with their respective responsibilities, are being integrated in governance.

Article 8

Article 9. Specific funds required by the Government of the people at all levels to combat the smuggling of integrated governance are included in the current financial budget and are earmarked.

Chapter II Integrated governance

Article 10. Combating the smuggling of integrated governance is integrated into the Social Security Survey and the establishment of awards based on the results of the examination. Specific work is vested in the Office of Integrated Governance against Trafficking at the district level.

Article 11. Governments and their sectors should organize, coordinate the establishment of a science, dynamic and effective regulatory system for the integrity of export and import enterprises, improve the construction of the integrity system for export and import enterprises, and guide export and import enterprises to strengthen their self-regulation.

Article 12 Governments at all levels should establish an integrated monitoring mechanism for monitoring early warning of anti-smuggling governance, analyse the dynamics of early warning smuggling and guide prevention efforts by relevant units.

Article 13 Governments at all levels should organize the development of an integrated governance response system against smuggling, the establishment of emergency response mechanisms, the development of pre-cases and the preparation of relevant preparations.

More than the people's Government against the smuggling of the Integrated Governance Emergency Profiles, reported to the Provincial Government's Office for Combating Trafficking.

Article 14. Governments at all levels should undertake anti-smuggling integrated governance advocacy education, which should be supported and complemented by relevant State bodies, business units and other organizations.

Article 15 encourages citizens, legal persons and other organizations to report smuggling. The information of the author is confidential and rewards in accordance with the relevant provisions.

Article 16 of the Government of the more than commune anti-smuggling integrated governance institutions can establish a system of anti-smuggling integrated governance monitors, and engage in monitoring anti-smuggling integrated governance efforts among relevant units, such as representatives, parliamentarians, experts and scholars.

Article 17 Governments at all levels should take full advantage of scientific and technical facilities and equipment, such as anti-smuggling video surveillance, to strengthen operational training for anti-smugglers and to enhance the capacity to prevent and combat smuggling.

Article 18 The public security authorities should investigate, in accordance with the law, cases of non-levant smuggling of criminal offences, such as firearms, drugs, etc. outside the customs administration area; and cooperate with the customs, business and other sectors in order to fulfil their responsibilities to combat the smuggling of integrated governance.

Relevant sectors such as environmental protection, economic and informationization, business and industry should enhance monitoring of the import of solid waste processing activities, implementation of the processing-use system for importing solid wastes and the pollution environmental reporting system.

The Environmental Protection Administration should strengthen the regulation of the process of smuggling waste disposal in the relevant sectors and establish a residual system for the handling of waste.

Article 20 Sectors such as transport, marine fishing and port-based mobile fishermen should, within their respective mandates, support and cooperate in the implementation of integrated anti-smuggle governance, strengthen the management of various transport instruments, and prevent and combat the smuggling of all types of transport instruments.

Relevant sectors such as economic and informationization, public safety, environmental protection, transport, business and industry should operate in accordance with the law against the smuggling of integrated governance in the area of commodity circulation, operate under the law an offence of importing goods, goods that are not legitimate sources, and prohibit the smuggling of goods, such as oils, automotive vehicles and their spare parts, electronic products, manufacture of raw materials, refrigeration products, clothing and cigarettes, alcohols, etc.

Chapter III

In article 22, the Government of the more than the commune anti-smuggling integrated governance institutions should convene regular joint meetings on anti-smuggling integrated governance, summarize the sexual work of the integrated governance phase against smuggling, analyse the dynamics of smuggling, examine concrete measures for the deployment of anti-smuggling integrated governance and coordinate issues related to the work of integrated governance.

More than twenty-third people's government anti-smuggling integrated governance institutions should organize, coordinate the relevant administrative law enforcement units within the jurisdiction and undertake joint action and specific actions against the smuggling of integrated governance.

Article 24 Governments of more people at the district level should strengthen regional cooperation against smuggling and enhance intelligence interoperability and information exchange.

The provincial Government should strengthen its cooperation with the Government of the neighbouring provinces, the people of the self-government and the Government of the Hong Kong, Macao Special Administrative Region in the area of anti-smuggling governance.

Article 25 Governments of more than commune anti-smuggling institutions should establish mechanisms for anti-smuggling inspection and organize joint inspections of smuggling, buying private and traders in sectors such as customs, public security and business.

Article 26 The Government of the coastal district can establish a grass-roots anti-smuggling inspection mechanism based on the need to establish a specialized patrol inspectorate in the priority areas to assist in strengthening the conduct of inspections in non-commercial anti-smuggling areas in collaboration with the customs, public safety and business sectors.

Chapter IV Coordination of treatment

The cases of suspected smuggling under the jurisdiction of the authorities of the twenty-seventh executive branch shall be transferred to customs in accordance with the relevant provisions of the State. There were objections to the jurisdiction of the case, which was coordinated by the Government of the people at the local level against the smuggling of integrated governance institutions. If it is not possible to reach agreement, the parties to the objection are asked to coordinate the treatment of the common top-level administrative organs.

Article twenty-eighth cases of suspected smuggling handled by the transfer of customs should inform the authorities of the results in a timely manner of anti-smuggling institutions of the same-level people's Government.

Article 29 of the Customs inspectorate's alleged smuggling cases require the transfer of goods, goods to the local authorities concerned, coordinated by the Government of the people at the local district level to combat the smuggling of integrated governance institutions.

Article 33, where the administrative law enforcement authorities have access to the tax for all on-site without the customs administration area, shall certify that the import of goods, goods and transport instruments are not identified and that they have not been able to obtain evidence of the smuggling of goods, shall be communicated to the manager of the place where the goods is stored or to other witnesses, list the list of items, signed by the persons involved in the processing and other witnesses on the list of items and be sent to the Government of the municipality at the local level for the coordination of the anti-smugglers.

The Government of the people at the local level against the smuggling of integrated governance institutions should issue a declaration of recognition for a period of six months. The owner was legitimate in the public notice period and should be returned in a timely manner; the closure of the notice period was unconfirmed, the transfer of the financial sector to be treated in accordance with the law and the receipt of the audit of the same audit department and the supervision of the Ministry's Government against the smuggling of the Integrated Governance Office.

The following items may be processed in accordance with the provisions, and the proceeds are deposited into the financial exclusive.

(i) Dangerous goods;

(ii) Few, corrupted or otherwise ineffective goods;

(iii) Removable items;

(iv) Other items that are not suitable for long-term preservation.

Article 31 deals with the treatment of non-levant tax smuggled items in non-custodial zones, in accordance with the relevant provisions of the State and the province.

Chapter V Legal responsibility

Article 32 operates the import of goods, goods that are free of legal origin in the area of commodity circulation and is fined by the business administration sector for more than three times the proceeds of the offence, with a maximum of $300,000.

For the purpose of profit, the import of goods, goods without legal origin is provided with warehousing, transport and other facilities, which is fined by the business administration for more than three times the proceeds of the offence, but shall not exceed the maximum of US$ 20000.

In one of the following cases, the Government of the people at all levels and their departments should take timely measures to reorganize; in serious circumstances, the lawful disposition of the directly responsible supervisors and other persons directly responsible; and the criminal responsibility of the law:

(i) The smuggling activities in the present administration have been severely affected by serious and specialized smuggling of traffickers;

(ii) Failure to conduct an examination of the responsibility to combat the smuggling of integrated governance;

(iii) Failure to properly deal with incidents such as violence against the denial of privacy or obstructing the pursuit of private emergencies;

(iv) Disclosure of the information of the reporters;

(v) Other misusory, abuse of authority, omission or favouring private fraud.

Annex VI

Article 34 of this provision refers to imported goods, goods and goods that are not lawful sources of importation, invoices from legal distributing units or legitimate administrative penalties decisions.

Article 55 of this provision is implemented effective 1 May 2010.