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      中華人民共和國海關(guān)總署關(guān)于外國駐中國使館和使館人員進(jìn)出境物品的規定

      2018-07-17
      廣東省人民政府外事辦公室

      (1986年10月31日國務(wù)院批準,1986年12月1日海關(guān)總署發(fā)布)

        第一條 根據《中華人民共和國外交特權與豁免條例》,制定本規定。

        第二條  外國駐中國使館(以下簡(jiǎn)稱(chēng)使館)運進(jìn)運出公務(wù)用品,使館人員運進(jìn)運出自用物品,除有雙邊協(xié)議按協(xié)議執行外,應當按照本規定辦理。

        前款中,“公務(wù)用品”系指使館執行職務(wù)直接需用的物品,包括家具、陳設品、辦公用品、招待用品和機動(dòng)車(chē)輛等;“自用物品”系指使館人員和與其共同生活的配偶及未成年子女在中國居留期間直接需用的生活用品,包括家具、家用電器和機動(dòng)車(chē)輛等。

        第三條  使館運進(jìn)運出公務(wù)用品,外交代表以托運或者郵寄方式運進(jìn)運出自用物品,應當書(shū)面向海關(guān)申報。外交代表進(jìn)出境時(shí)有隨身攜帶的或者附載于同一運輸工具上的私人行李物品,應當口頭向海關(guān)申報,海關(guān)予以免驗放行。

        但具有重大理由推定其中裝有非公務(wù)用品、非自用物品,或者裝有中國法律和規章禁止進(jìn)出口的物品時(shí),海關(guān)有權查驗。查驗時(shí),必須有外交代表或者其授權人員在場(chǎng)。

        第四條  使館申報運進(jìn)的公務(wù)用品和外交代表申報運進(jìn)的自用物品,經(jīng)海關(guān)審核在直接需用數量范圍內的,予以免稅。

        申報運出公務(wù)用品和自用物品,由海關(guān)審核后予以放行。

        第五條  使館和使館人員不得攜運中華人民共和國法律和規章禁止進(jìn)出口的物品進(jìn)出境。因特殊情況需要運進(jìn)運出上述物品,必須事先得到中國政府有關(guān)部門(mén)的批準,并按中國政府有關(guān)規定辦理。

        運進(jìn)無(wú)線(xiàn)電收發(fā)信機及其器材,必須事先以書(shū)面申請報經(jīng)中國外交部批準。使館和使館人員應當向海關(guān)申報并提供有關(guān)批準文件,海關(guān)予以審核放行。

        攜運文物出境,必須事先向海關(guān)申報,經(jīng)國家文化行政管理部門(mén)指定的省、自治區、直轄市文化行政管理部門(mén)鑒定,并發(fā)給許可出境憑證。使館和使館人員應當向海關(guān)提供有關(guān)憑證,海關(guān)予以審核放行。

        攜運槍支、子彈進(jìn)出境,按照《中華人民共和國槍支管理辦法》的規定辦理。

        攜運屬于中國檢疫法規規定管制的物品進(jìn)出境,海關(guān)按有關(guān)法規辦理。

        第六條  使館和使館人員申報屬于中國法律和規章禁止進(jìn)出口的物品,除經(jīng)中國政府有關(guān)部門(mén)批準的以外,海關(guān)予以扣留,有關(guān)使館或者使館人員應當在九十天內退運。逾期未退運的,由海關(guān)變價(jià)上繳國庫。

        第七條  使館和使館人員免稅運進(jìn)的物品,不得轉讓。確有特殊原因需要轉讓的,必須報經(jīng)海關(guān)批準。

        經(jīng)批準轉讓的物品,應當由受讓人或者出讓人按規定向海關(guān)辦理納稅或者免稅手續。

        第八條  使館發(fā)送或者收受的外交郵袋,海關(guān)予以免驗放行。外交郵袋應予加封,附有可資識別的外部標記,并以裝載外交文件或者公務(wù)用品為限。

        外交郵袋由外交信使轉遞時(shí),必須持有派遣國主管機關(guān)出具的信使證明書(shū)。商業(yè)飛機機長(cháng)可以受委托為使館轉遞外交郵袋,但機長(cháng)必須持有委托國的官方證明文件(注明郵袋件數)。由商業(yè)飛機機長(cháng)轉遞或者托運的外交郵袋,應當由使館派使館人員辦理接交、提取或者發(fā)運手續。

        第九條  使館的行政技術(shù)人員和服務(wù)人員,如非中國公民或者在中國的永久居留者,攜運進(jìn)境自用物品,包括到任后半年內運進(jìn)安家物品,應當書(shū)面向海關(guān)申報。上述物品經(jīng)海關(guān)審核在直接需用的數量范圍內(其中汽車(chē)每戶(hù)限一輛)的,海關(guān)予以查驗免稅放行。申報攜運出境的自用物品,海關(guān)予以審核查驗放行。

        前款所述人員寄進(jìn)或者寄出的個(gè)人自用物品,海關(guān)按照個(gè)人郵遞物品的有關(guān)規定辦理。

        本條第一款所述人員任職期間托運進(jìn)境的自用物品,海關(guān)比照本條第二款辦理。

        第十條  聯(lián)合國及其專(zhuān)門(mén)機構和其他國際組織駐中國代表機構運進(jìn)運出公務(wù)用品和郵袋,代表機構的代表、行政技術(shù)人員、服務(wù)人員和與其共同生活的配偶及未成年子女運進(jìn)運出自用物品,海關(guān)根據中國已加入的有關(guān)國際公約和中國與有關(guān)國際組織簽訂的協(xié)議辦理;遇有公約和協(xié)議未涉及的情況,參照本規定有關(guān)條款辦理。

        第十一條  外國駐中國領(lǐng)事館運進(jìn)運出公務(wù)用品和領(lǐng)事郵袋,領(lǐng)事官員、領(lǐng)館工作人員和與其共同生活的配偶及未成年子女運進(jìn)運出自用物品,海關(guān)根據中國已加入的有關(guān)國際公約和中國與有關(guān)國家簽訂的協(xié)議辦理;遇有公約和協(xié)議未涉及的情況,根據互惠的原則,參照本規定有關(guān)條款辦理。

        第十二條  本規定自發(fā)布之日起施行。

        

      REGULATIONS OF THE GENERAL ADMINISTRATION OF

      CUSTOMS OF THE PEOPLE'S REPUBLIC OF CHINA ON

      THE IMPORT AND EXPORT OF ARTICLES BY

      DIPLOMATIC MISSIONS AND THEIR

      MEMBERS IN CHINA

      (Approved by the State Council on 31 October 1986 and Promulgated by the General Administration of Customs on 1 December 1986)

        Article 1  The present Regulations are formulated in accordance with the Regulations of the People's Republic of China on Diplomatic privileges and Immunities.

        Article 2  The import and export of articles for official use by the Diplomatic Missions in China (hereinafter referred to as the Missions) and of personal effects by their members shall comply with the present Regulations except in cases where bilateral agreements stipulate otherwise.

        In the preceding paragraph, the term"articles for official use "refers to articles necessary for direct use by the Missions in the performance of their functions, including furniture, decorative articles, office equipment and stationery, supplies for receptions and motor vehicles; the term "personal effects" refers to articles necessary for direct and personal use by the members of the missions and their spouses and underage children living with them during their stay in China, including furniture, household electrical appliances and motor vehicles.

        Article 3  The articles for official use imported or exported by the Missions and the personal effects taken into or out of China by the diplomatic agents through consignment shipping or by mail shall be declared to the Customs in writing. The diplomatic agents entering or leaving China shall make to the Customs a verbal declaration of their accompanied personal baggages and effects as well as those conveyed by the same means of transport on which they are travelling. Such baggages and effects shall be released by the Customs without inspection.

        However, the Customs shall be entitled to inspect them if there are serious grounds for presuming that they contain articles not for official or personal use or articles whose import or export is prohibited by Chinese laws and regulations. Such inspection shall be conducted only in the presence of the diplomatic agent or of the person authorized by him/her.

        Article 4  The articles for official use declared for import by the missions and the personal effects by the diplomatic agents shall be released duty free by the Customs after check and approval provided they do not exceed the amounts necessary for direct utilization.

        The articles for official use and the personal effects declared for export shall be released by the Customs after check and approval.

        Article 5  The articles whose import or export is prohibited by the laws and regulations of the People's Republic of China may not be taken into or out of China by the Missions and their members.The import and export of such articles, if found necessary under special circumstances, shall be subject to the prior approval of the authorities concerned of the Chinese Govenment, and shall comply with the relevant regulations of the Chinese Government.

        A written application must be filed beforehand with the Chinese Foreign Ministry for approval to import wireless transmitter-receivers and related equipment. The Missions and their members shall make a declaration to the Customs and present relevant documents of approval, and the Customs shall give clearance after check and approval.

        The cultural relics to be taken out of China shall be declared beforehand and to the Customs, and examined by the cultural administration of the province, autonomous region, and municipality directly under the Central Government as designated by the state cultural administration, which will issue the Export Certificates for Cultural Relics. the Missions and their members shall submit the relevant certificates to the Customs, which shall give clearance after check and approval.

        The taking or shipping of firearms and bullets into or out of China shall comply with the provisions of the Regulations of the people's Republic of China on Firearms Control.

        The import or export of articles, accompanied or unaccompanied, which are subject to control under China's quarantine laws and regulations,

        shall be dealt with by the Customs in accordance with relevant laws and regulations.

        Article 6  Articles which are declared by the Missions and their members but whose import and export are prohibited by Chinese laws and regulations may be withheld by the Customs, unless approved by the departments concerned of the Chinese Government, and shall be shipped back by the Missions or their members concerned within 90 days . Articles not shipped back within this period shall be sold and the money thus obtained shall be handed over to the State Treasury by the Customs.

        Article 7  Articles taken in duty free by the Missions and their members may not change hands. Prior permission shall be obtained from the Customs should the need arise for such transfer due to special reasons.

        The buyer or seller of the articles whose transfer has been permitted shall complete tax paying or tax exemption formalities with the Customs according to regulations.

        Article 8  A diplomatic bag of the mission, whether outbound or incoming, shall be released by the Customs without inspection. The diplomatic bag must be sealed and bear visible external marks of their character and may contain only diplomatic documents or articles intended for official use.

        The diplomatic courier, when conveying a diplomatic bag, shall be provided with a courier certificate issued by the competent authorities of the sending state. The captain of a commercial aircraft may be entrusted with the task of conveying a diplomatic bag for the Mission, but he shall be provided with an official document of the consigner state (indicating the number of packages constituting the bag). With regard to the diplomatic bag conveyed by the captain of a commercial aircraft or sent through consignment shipping, the Mission shall send its members to complete the procedures for transfer, delivery or dispatch.

        Article 9  The members of the administrative and technical staff and service staff of the Mission shall, if they are not citizens of or permanent resident in China, make a written declaration to the Customs for the personal effects to be brought or shipped into China, including articles intended for their establishment in China imported within six months of the time of installation. These articles shall be released duty free by the Customs after inspection provided they do not exceed the amounts necessary for direct utilization by the persons concerned (of which cars are limited to one per family). Personal effects declared for being taken or shipped out of China shall be released by the Customs after inspection.

        The articles for personal use mailed into or out of China by the members mentioned in the previous paragraph shall be handled by the Customs according to the relevant regulations for private postal parcels.

        The articles for personal use shipped into China during the tenure of office of the members mentioned in the first paragraph of this Article shall be handled by the Customs according to the provisions contained in the second paragraph of this Article.

        Article 10  The articles for official use and the pouches, whether outbound or incoming, of the Offices of Organizations of the United Nations System and its specialized agencies and the international organizations in China and the articles for personal use taken into or out of China by their representatives and the members of their administrative and technical staff and service staff and their spouses and underage children living with them shall be handled by the Customs according to the relevant international conventions China has acceded to and agreements China has concluded with the international organizations concerned. Matters not covered in the conventions and agreements shall be dealt with in reference to the relevant provisions of the present Regulations.

        Article 11  The articles for official use and consular bags imported or exported by the Consular Posts in China and the articles for personal use taken into or out of China by the consular officers and the members of the consular staff and their spouses and underage children living with them shall be handled by the Customs according to the relevant international conventions China has acceded to and the agreements China has concluded with the countries concerned. Matters not covered in the conventions and agreements shall be dealt with in reference to the relevant provisions of the present Regulations on a reciprocal basis.

        Article 12  The present Regulations shall take effect as of the date of their promulgation.