中华人民共和国海关总署关于外国驻中国使馆和使馆人员进出境物品的法规(附英文)
*9条根据《中华人民共和国外交特权与豁免条例》,制定本法规。
第二条外国驻中国使馆(以下简称使馆)运进运出公务用品,使馆人员运进运出自用物品,除有双边协议按协议执行外,应当按照本法规办理。前款中,“公务用品”系指使馆执行职务直接需用的物品,包括家具、陈设品、办公用品、招待用品和机动车辆等;“自用物品”系指使馆人员和与其共同生活的配偶及未成年子女在中国居留期间直接需用的生活用品,包括家具、家用电器和机动车辆等。
第三条使馆运进运出公务用品,外交代表以托运或者邮寄方式运进运出自用物品,应当书面向海关申报。外交代表进出境时有随身携带的或者附载于同一运输工具上的私人行李物品,应当口头向海关申报,海关予以免验放行。但具有重大理由推定其中装有非公务用品、非自用物品,或者装有中国法律和规章禁止进出口的物品时,海关有权查验。查验时,必须有外交代表或者其授权人员在场。
第四条使馆申报运进的公务用品和外交代表申报运进的自用物品,经海关审核在直接需用数量范围内的,予以免税。申报运出公务用品和自用物品,由海关审核后予以放行。
第五条使馆和使馆人员不得携运中华人民共和国法律和规章禁止进出口的物品进出境。因特殊情况需要运进运出上述物品,必须事先得到中国政府有关部门的批准,并按中国政府有关法规办理。运进无线电收发信机及其器材,必须事先以书面申请报经中国外交部批准。使馆和使馆人员应当向海关申报并提供有关批准文件,海关予以审核放行。携运文物出境,必须事先向海关申报,经国家文化行政管理部门指定的省、自治区、直辖市文化行政管理部门鉴定,并发给许可出境凭证。使馆和使馆人员应当向海关提供有关凭证,海关予以审核放行。携运枪支、子弹进出境,按照《中华人民共和国枪支管理办法》的法规办理。携运属于中国检疫法规法规管制的物品进出境,海关按有关法规办理。【注:根据《国务院关于废止和修改部分行政法规的决定》(国务院令2011年第588号)文件规定,第五条第四款中的“按照《中华人民共和国枪支管理办法》的规定办理”修改为“按照《中华人民共和国枪支管理法》的规定办理”。】
第六条使馆和使馆人员申报属于中国法律和规章禁止进出口的物品,除经中国政府有关部门批准的以外,海关予以扣留,有关使馆或者使馆人员应当在九十天内退运。逾期未退运的,由海关变价上缴国库。
第七条使馆和使馆人员免税运进的物品,不得转让。确有特殊原因需要转让的,必须报经海关批准。经批准转让的物品,应当由受让人或者出让人按法规向海关办理纳税或者免税手续。
第八条使馆发送或者收受的外交邮袋,海关予以免验放行。外交邮袋应予加封,附有可资识别的外部标记,并以装载外交文件或者公务用品为限。外交邮袋由外交信使转递时,必须持有派遣国主管机关出具的信使证明书。商业飞机机长可以受委托为使馆转递外交邮袋,但机长必须持有委托国的官方证明文件(注明邮袋件数)。由商业飞机机长转递或者托运的外交邮袋,应当由使馆派使馆人员办理接交、提取或者发运手续。
第九条使馆的行政技术人员和服务人员,如非中国公民或者在中国的永久居留者,携运进境自用物品,包括到任后半年内运进安家物品,应当书面向海关申报。上述物品经海关审核在直接需用数量范围内(其中汽车每户限一辆)的,海关予以查验免税放行。申报携运出境的自用物品,海关予以审核查验放行。前款所述人员寄进或者寄出的个人自用物品,海关按照个人邮递物品的有关法规办理。本条*9款所述人员任职期间托运进境的自用物品,海关比照本条第二款办理。
第十条联合国及其专门机构和其他国际组织驻中国代表机构运进运出公务用品和邮袋,代表机构的代表、行政技术人员、服务人员和与其共同生活的配偶及未成年子女运进运出自用物品,海关根据中国已加入的有关国际公约和中国与有关国际组织签订的协议办理;遇有公约和协议未涉及的情况,参照本法规有关条款办理。
第十一条外国驻中国领事馆运进运出公务用品和领事邮袋,领事官员、领馆工作人员和与其共同生活的配偶及未成年子女运进运出自用物品,海关根据中国已加入的有关国际公约和中国与有关国家签订的协议办理;遇有公约和协议未涉及的情况,根据互惠的原则,参照本法规有关条款办理。
第十二条本法规自发布之日起施行。(附英文)
PROVISIONS OF THE GENERAL CUSTOMS ADMINISTRATION OFTHEPEOPLE'SREPUBLIC OF CHINA ON THEADMINISTRATIONOFTHEIMPORTANDEXPORTOFARTICLES BY FOREIGN DIPLOMATIC MISSIONS AND THEIR PERSONNEL IN CHINA
Important Notice: (注意事项)
英文本源自中华人民共和国务院法制局编译, 中国法制出版社出版的《中华人民共和国涉外法规汇编》(1991年7月版).
当发生歧意时, 应以法律法规颁布单位发布的中文原文为准.
This English document is coming from the "LAWS AND REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)which is compiled by the Brueau of Legislative Affairs of the State Council of the People's Republic of China, and is published by the China Legal System Publishing House.
In case of discrepancy, the original version in Chinese shall prevail.
Whole Document (法规全文)
PROVISIONS OF THE GENERAL CUSTOMS ADMINISTRATION OF THE PEOPLE'S REPUBLIC OF CHINA ON THE ADMINISTRATION OF THE IMPORT AND EXPORT OF ARTICLES BY FOREIGN DIPLOMATIC MISSIONS AND THEIR PERSONNEL IN CHINA(Approved by the State Council on October 31, 1986 and promulgated by the General Customs Administration on December 1, 1986)
Article 1
These Provisions are formulated in accordance with Regulations of the People's Republic of China Concerning Diplomatic Privileges and Immunities.
Article 2
Cases concerning the import and export of articles for official use by a foreign diplomatic mission in China (hereinafter referred to as "the mission"), or the import and export of articles for personal use by the personnel of a foreign diplomatic mission, shall comply with these Provisions, unless a bilateral agreement, which shall be complied with instead, exists.
In the preceding paragraph, "articles for official use" refers to articles directly needed by a foreign mission in the performance of its functions,which include furniture, decorative articles, office equipment, supplies for reception of guests, and motor vehicles; "articles for personal use" refers to articles directly needed for daily use, during their stay in China, by mission personnel and their spouses and minor children living with them, which include furniture, household electrical appliances, and motor vehicles.
Article 3
The import and export of articles for official use by the mission, and the import and export of articles for personal use by diplomatic agents through consignment shipping or by post, shall all be declared to the Customs.
Diplomatic agents entering or leaving the country shall declare orally to the Customs their accompanied personal effects, or their personal luggage transported separately in the same vehicle of transport, and the Customs shall give clearance without inspection. In case there are serious grounds for presuming that the luggage contains articles not for official use or articles not for personal use, or the luggage contains articles forbidden to be brought into or out of the country by the Chinese laws and regulations, the Customs shall have the right to inspect the luggage. Such inspection shall be conducted only in the presence of the diplomatic agent concerned, or of his authorized representative.
Article 4
Articles for official use declared for import by the mission, or articles for personal use declared for import by a diplomatic agent, shall be exempt from Customs duties after they have been examined by the Customs and found to be within the reasonable quantities for direct use.
Articles for official use and for personal use, declared at the Customs for export, shall be given clearance after being examined and verified by the Customs.
Article 5
The mission and its personnel may not carry into or out of the country articles whose import and export are forbidden by the laws and regulations of the People's Republic of China. If the aforesaid articles need to be imported or exported for special reasons, a prior permission must be obtained from the authorities concerned of the Chinese Government, and the matter shall be handled in accordance with the pertinent provisions prescribed by the Chinese government.
For the import of radio transmitters and receivers with their accessories,a written application must be submitted in advance to the Chinese Ministry of Foreign Affairs for approval. The mission and its personnel shall declare at the Customs and present the relevant approval documents, and the Customs shall give clearance after examination and verification. To take cultural relics out of the country, a declaration must be made in advance with the Customs; and the relics shall be appraised by the cultural and administrative departments of the provinces, autonomous regions, or municipalities directly under the Central Government, as designated by the State cultural and administrative department, and an export certificate shall be issued. The mission and its personnel shall present the relevant certification to the Customs, and the Customs shall give clearance after examination and verification.
The carrying into or out of China of firearms and ammunition shall be handled in accordance with the provisions of Measures of the People's Republic of China for the Control of Firearms.
The import or export of articles that is controlled by China's quarantine laws and regulations shall be handled by the Customs in accordance with the pertinent laws and regulations.
Article 6
In the case where the articles, declared by the mission and its personnel,belong to the categories of articles forbidden by China's laws and regulations to be imported or exported, these articles, unless their import or export has been approved by China's competent authorities, shall be detained by the Customs; the detained articles shall be withdrawn from import or export by the mission or its mission personnel concerned within 90 days. If these articles are not withdrawn within the said time limit,they shall be appraised at the current rate and turned over by the Customs to the State treasury.
Article 7
Articles imported duty-free by the mission and its personnel shall not be transferred. Should the aforesaid articles need to be transferred for a special reason, permission must be obtained from the Customs.
With respect to articles transferred with permission, the transferee or the transferor shall go through the procedures with the Customs, in accordance with pertinent provisions, for the payment of or the exemption from duties.
Article 8
Diplomatic bags delivered by or sent to the mission shall be given clearance without inspection by the Customs. Diplomatic bags shall be sealed with an identifiable external mark; such bags may contain diplomatic papers and articles for official use only. Diplomatic couriers shall be provided with courier certificates issued by the competent authorities of the despatching country when they carry diplomatic bags.
The captain of a commercial aircraft may be entrusted to carry diplomatic bags. He shall be provided with an official certifying document issued by the consigner state, indicating the number of packages. With respect to the diplomatic bags delivered by, or through consignment transport by the captain of a commercial aircraft, the mission concerned shall send its personnel to go through the procedures for the handling over, taking possession of or delivery of the said diplomatic bags.
Article 9
The members of administrative, technical or service staff of the mission who are not Chinese citizens, or persons permanently resident in China,shall submit a written declaration to the Customs when they bring into the country personal effects, including articles intended for their establishment imported within 6 months of the time of their installation in China. Where the aforesaid articles are within reasonable quantities for direct use (as for cars, one for each household), the Customs shall give clearance duty-free after examination and verification.
In case personal effects are sent into or out of the country by post by the personnel mentioned in the preceding paragraph; the Customs shall handle the case in accordance with the provisions concerning the personal articles sent by post.
In case personal effects are brought into the country by consignment shipping by the personnel mentioned in the first paragraph of this Article during their term of office, the Customs shall handle the case by applying mutatis mutandis the second paragraph of this Article.
Article 10
In case articles or pouches for official use are brought into or out of the country by the representative offices of the United Nations or its specialized agencies, or of other international organizations, in China,as well as articles for personal use which are brought into or out of the country by the representatives, the members of the administrative,technical or service staff of the said representative offices and their spouses and minor children living with them, the Customs shall handle them in accordance with the relevant international conventions to which China is a party, and also with the agreements signed between China and the international organizations concerned; for cases which are not regulated by the aforesaid conventions or agreements, the Customs shall handle them with reference to relevant articles of these Provisions.
Article 11
In case articles for official use and consular bags are brought into or out of the country by foreign consular posts in China, and articles for personal use brought into or out of the country by consular officers,other members of the consular posts, or their spouses and minor children living with them, the Customs shall handle them in accordance with the relevant international conventions to which China is a party, and also with the agreements signed between China and the countries concerned; for the cases which are not regulated by the aforesaid conventions or agreements, the Customs shall handle them in accordance with the principle of reciprocity and with reference to the relevant Articles of these Provisions.
Article 12
These Provisions shall go into effect as of the date of promulgation.
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